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

An Anatomy of the Lords Tyranny and iniustice exercised upon Lieu. Col. IOHN LILBURNE, now a prisoner in the Tower of LONDON.

Delivered in a speech by him, Novem. 6. 1646. before the honorable Committee of the House of Commons, appointed to consider of the priviledges of the Com∣mons of England: The originall Copy of which, he in obedience to the order and command of the said Committee, delivered in writing to the hands of Col. Henry Martin, Chairm-man of the said Committe: Nov. 9. 1646 and now published to the view of all the Commons of England, for their information, & know∣ledge of their Liberties and Priviledges.

To the Honorable the COMMITTEE for the Liberty of the Commons of ENGLAND.

May it please this Honorable Committee, in obedience to your com∣mand, and Order of the 6. of November last, I here humbly present you with the narration under my hand, which by word of mouth I made unto you upon Friday last, of my particular sufferings since my commitment by the Lords.

MAY it please this Honorable Committee, I had a hearing before you upon Tuesday the 27, of October last, and then I truly acquainted you with the manner of the Lords first sending for me to their Barre, by order of the 10. June, 1646. to answer a charge there. I acquainted you truly, what passed betwixt

their messenger & my self, & also what was said to me at their Bar, and how that for no misbehaviour, or any other cause, saving my exhibiting to them my Protest, and refusing to answer illegall In∣terrogatories: they, the 11. of June, 1646. committed mee to Newgate: and how that upon the 16. of June, 1646. I sent my appeale to the Honorable House of Commons; which was accep∣ted of, And the last time I was before you, I was reading the se∣cond Warrant of the Lords to bring me the second time to their Barre: In the midst of which you were called away; and therefore for what then passed, I shall referre you, Mr. Mar∣tin, to your own Notes, and my Papers delivered in to you; but e∣specially to my printed relation of their first proceedings with me, which you have.

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

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

John Brown Cler. Parl.

And I being in bed, was by my Keeper about 10, a lcock at night, certified, that such a Warrant was come to carry me in the morning to the Lords Barre: I rose betimes and went, and spoke with Brisco the Clerk of Newgate, and my Keepers Master, and told him, the Lords had no power nor jurisdiction over me by law: and therefore I told him, I neither could nor would give my consent to goe up to them. And then he told me, he would force me. Wherupon I went up to my chamber, and locked my door, and writ a Letter to Mr. Wollastone, the chiefe Keeper under the She∣riffes of London: And in his absence, my wife and a friend carried it to the Sheriffes, then at Guild-Hall with the Court of Alder∣men, and delivered it and my appeale, &c. to them; who, as they conceive, amongst themselves, read it. But for any thing I know,

ordered Brisco to make a forcible entry upon my lodging: for hee came up, and broke my Chamber-wall, and by force carried me down, and put me in a Coach, which carried me to the Lords. The Copy of the above-mentioned letter in print, I here present unto you.

SIR,

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

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

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

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

Sir,

I am your true and faire con∣ditioned prisoner, if you will be so to me. JOHN LILBURN.

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

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

but I had also undone all that before I had done, and deprived my selfe both of the benefit of my Protest and Appeale, and should also by my own act, have laid my selfe open, justly to be sentenced, and punished by the Lords.

And upon refusall to kneele, they commanded me to with∣draw, and made this Order.

Die Martis 23. Junii 1646.

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

To the Keeper of Newgate his Deputy or Deputies.

Iohn Brown Cler: Parlia∣mentorum. Exam. per. Rad, Briscoe Cleric: de Newgate.

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

• 1. That he or they which do commit; have lawfull authority. a Commitment lawfull, viz.
• 2. That their warrant or mittimus be lawfull, and that (saith he) must be in writing, under hand and Seal.
• 3. The cause must be contained in the warrant, as, for treason, fellony, &c. or for suspition of treasou, felony, &c.
• 4. The warrant or mittimus containing a lawfull cause, ought to have a lawfull conclusion, viz. and him safely to keepe, untill he be delivered by law, &c. and not untill the party committing doth further order. All which 4. are wanting in this warreat; and therefore altogether illegall and unjust.

Now may it please this Committee; I was very free in my dis∣course

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

Now may it Please you to give me leave to go on with the true relation of the barbarous and tyrannicall execution of this unjust order, by vertue of which for about 3. weeks together, I was de∣barred of pen, inke, or paper, and my Chamber, by Mr. Brisco, for that end, strictly searched, and my wife, councellers and friends kept from me: my wife, &c. after I was first locked up, not being permitted to set her foote within my Chamber doore, nor per∣mitted to come into the Prison yard, to speake with me out of my window, nor I suffered to receive from the hands of my wife, ser∣vant, or friends, either meat, drinke, money, or any other neces∣saries; and yet their Lordships, nor none by their order, allow∣ing me all that time, the valew of one penny loaf to live upon, and though my wife obtained so much favour from a neighbour to speake with me out of their windowes, at the distance of about 40. or 50 yards, it being impossible for us to say any thing, but what the Jaylors if they had a minde might heare, yet such was their inhuman cruelty, that they often threatned to stop up the poore mans windowes, if he would not cease to permit my wife to look out of them, and also threatned me to boord up mine, or else if I would not forbeare, at that distance, to speake with my wife, to lay me in Newgate Prison, where as they could me, I should nei∣ther have a possibility to speake with her or any other, which I bid them do if they durst, telling them that would be the onely way to get me my liberty; for I had some friends abrode that would then I did believe, to the purpose bestir themselves to pre∣serve my life, which they would easily judge was then intended in good earnest to be taken away by them, and therefore if any mis∣chiefe followed they might thanke themselves, upon which they forbore executing their bitter menacies and 〈◊〉〈◊〉 any further up∣on me.

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

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

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

next day, to heare my Charge read: which was accordingly put in execution.

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

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

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

And indeed, regularly, both in law and equity, the Declaration or bill ought to be filed or recorded, before any writ or processe ought to issue against the defendant, or party accused, either in ci∣vill or criminall causes; and the write, warrant, or processe ought to containe the matter of the declaration, bill, or petition: and

this appeares cleerly in every writ (as the learned in the law in∣forme me) set forth by the Register, and Fitzherberts natura bre∣vium: and that every English bill either in Chancery, Exchequer, or Star-Chamber, doth pray, that processe of sub-pena be awar∣ded against the defendant, which proves, that processe, orders or Warrants, ought not to be awarded or granted, against any man out of any Court of Justice whatever, till his charge be recorded a∣gainst him in the same Court; and sutable to this is your own do∣ctrine, in your own Declarations, Booke Decl. page 38, 39, 278, 845.

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

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

Now may it please you, to take notice, that I say, if his consci∣ence had not been guilty, & told him, that it was possible, I might

justly and groundedly have proved much more against him, then I lay to his charge in my printed Epistle to Judge Reeve, &c. hee would never have shunned and avoided the known law of the Kingdome, which sufficiently proves a remedy for him, in case I had scandalized him: as appeares by the statutes of 3. E. 1, 33. 27. E. 3. ••8. 38. E. 3. 9. 42, E. 3. 3. 2 R. 2. 5. 12. R. 2. 11 17. R. 2. 16. which expresly command, that if any man scandalize any of the great men of the kingdome he shall be taken, and kept in custody, or put in security, till he prove what he saith; and in case he can∣not; then he shall incur the same pain that the other should have had, if he were attainted: and that processe of the law be made a∣gainst them without being taken and imprisoned against the great Charter, and other statutes; but his leaving the common common and just road of the kingdom, that sufficiently provides for his reparation, if innocent, argues his knowledge of his owne guilt, or else he would never have betaken himself to an extraordi∣nary meanes (and especially in such a place where himself is chiefe Judge in his own cause) and there against me by a kind of a legi∣slative and unlimitted power of Judicature, which is not in them (especially singly) neither can they (take them in the highest capa∣city that ever law estated them in) proceed to determine any thing out of the way of the known and established lawes, by any arbitra∣ry, or discretionary Rules, when there is a known law in the case. And I am sure it is a received Maxime in law, That where remedy may be had by an ordinary course in Law; the party grieved shall ne∣ver have his recourse to extraordinaries.

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

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

That although by the 14, Chap. of Magna Charta, it is declared that a free-man shall not be amer••ed or fined for a small fault; but af∣ter the manner of the fault, and for a great fault after the greatnesse thereof, saving to him his contenement or countenance, and a merchant

likewise saving to him his Merchandize. And any other villain then the Kings shall be likewise amerced, saving his wainage or teame, and none of the said amerciaments shall be assessed, but by the oath of honest and lawfull men of the vicinage.

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

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

Now, Sir, laying all these things together, I beseech you consi∣der whether in the intention of the Lords, I be not exposed to mi∣series and torments, worse then death it selfe: for either by their intentions, I must perish by hunger and famine, or else be forced to eat my wife and children, or any other that I can over-come; and what is this but the height of tyranny and cruelty, and a tor∣ment

worse then any death in the world; for, saith Jerem. in his Lamentations, Better is he that dyes by the sword, then he that dyes by famine; and he gives the reason; because, there is a speedy end of the pain of him that dyes by the sword; but he that dyes by hunger and famine, pines away, and is in a continuall torment, alwayes dying, and wishing, and longing for death. And undoubtedly, Sir, this is my con∣dition, by the intention of the Lords.

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

Which is, that upon the tenth of July, when Serjeant Finch brought in my Charge into the House of Peeres, they that day made an Order to command the Sheriffs of London, the next day to bring me up to their Bar, to hear my Charge: The copy of which warrant I have not, in regard the Sheriffe (contrary to law) refused to give it me, although I sent to him to desire it: and I having for∣merly told the Jaylors of Newgate, I could not, nor would not, go up to the Lords Bar, by vertue of their own Warrāt, without a for∣cible compulsion; The Sheriffes sent about 30. or 40. of the atten∣ders upon the Hangman, when he goes to doe execution at Tiburn, to carry me up to the Lords Bar. And being in the Painted cham∣ber, I desired Mr. Brisco, one of my Keepers and Tormenters, to to goe and tell the Lords from me, that seeing they had the impu∣dency and boldnesse to tread the Lawes and Liberties of England under their feet, and did so contemne and under-value the autho∣rity of the Honorable House of Commons, to whom I had appea∣led, as yet to goe on in their illegall courses with mee, with whom by Law they had nothing to doe; I must bee forced in the highest nature I could, to contemne and despise their proceedings; and therefore was resolved not to come to their Bar, without a forci∣ble compulsion, and to come in with my hat upon my head, and to stop my eares when they read my Charge, in detestation, and bearing witnesse against their usurpations and injustice. So away hee went: But I was compeld in; and being brought up to the Bar, I was commanded to kneele: which I absolutely refu∣sed. And then my Lord of Manchester (my grand adversary, who hath for these two or three yeares thirsted after my blood, for no other crime but that I was faithfull and active in executing the trust reposed in me, for the good of the Parliament and Kingdom;

he (I say) as speaker of the House of Lords, commanded the Clerk to read me my Charge; which he began to do. At which I stopped my eares with my fingers, till such time as I perceived the Clerks lips to leave moving. Wherupon I was commanded to with-draw: and after some distance of time, I was called in again, and was a∣gain commanded to kneele; but I told them, My Lords, you may save your selves the expence of your breath, for I shall not kneele without compulsion. And then my Lord of Manchester told me, that I by my contumacie deprived my self of much benefit that I might make unto my self by examining witnesses upō crosse Inter∣rogatories, for the evading the charge. So I desired liberty to speak: which was granted, and I said,

My Lords, I do much wonder at your Lordships proceedings with me, that you should, (contra∣ry to the ancient and fundamentall lawes of this kingdome) send for me to answer a charge at your Bar, before you have any fil'd against me; and then when I come up to your Bar, presse and en∣deavour to force me, contrary to law, honesty, and justice, to an∣swer to inquisition-nterrogatories, and so to ensnare my selfe, when you have no crime to lay unto my charge. My Lords, what is this else, but to build up what but the other day you destroy∣ed? For did you not here in a full House, the 15. day of Februa∣ry last, in this very case, decree; adjudge, and determine, that my sentence in the Star-chamber, and all the proceedings thereupon, shall forthwith be for ever totally vacuated, obliterated, and ta∣ken off the File in all Courts where they are yet remaining, as illegall, and most unjust, against the liberty of the Subject, and law of the Land, and Magna Charta, and unfit to continue upon Record? &c.

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

Besides, my Lords, it is very strange to me that the Law of England, should be so plain and perspicuous, to tell you, that

you in such Cases as mine is, have no legall jurisdiction at all over me, or the meanest Commoner in England, and that yet notwithstanding, you should, contrary to your duty, Oathes and Covenants, usurp & chalenge a jurisdiction over us so. My Lords, when I was first at this Bar, I under my hand and Seale, de∣liuered in m•…•… protest against you as usurpers & incrochers, upon the Rights and Libertyes of all the Commons of England, which you received & read: and I also appealed from you, as unrighteous Judges to my Legal, and Proper Judges, the Com∣mons of England assembled in Parliament, and upon the 16. of June last, I sent my petition, by way of appeal to the Honora∣ble House of Commons, with a copy of my Protest against you, anexed to it, which they received, read, approued of, and Committed to a speciall Committee, who sat upon it, and as I understand, Passed a vote or votes in justification of the Legali∣tie of my Procedings with you, and have promised me Justice in it; now, my Lords, I here againe at your open Barr before You all, as in the sight of and Presence of God, protest against you againe, and all your proceedings with me, as unjust, un∣righteous and illegal: and declare unto you all, that to my said Protest and appeale to the honorable House of Commons, I will sticke to, so long as I have a life and a being, And my Lords, I tel you to your faces, that by Right, they are your Judges as well as mine in this case: & I do not doubt, but to liue to see the day that they will make you to knowe, whether you will or no that they are so, and of their Justice, and pro∣tection, I do not in the least; doubt: And therefore, my Lords, seeing you have dealt so illegally and tyrannically with mee, as you have done; I now bid defiance to your power and malice, to do the worit you can.

For, my Lords, are not you the men that have been principal instruments to engage this Kingdom in a bloudy War, to main∣tain their lawes and liberties? and have nor you all often sworn and covenanted so to do? But, my Lords, it seem••s to me, you nothing at all value your oathes, nor engagements: and there∣fore, my Lords, if you were in jeast, when you did all this, and never intended, what you declared, but meerly set us a fighting, to unhorse and dismount our old Riders & Tyrants, that so you

might get up and ride us in their steads: But I doe professe and assure your Lordships, that I for my part was in good sober and sad earnest, and never drew my sword in these warres, but princi∣pally for my liberties and freedomes, and the lawes of the land: & in the field I did adventure my life freely & resolutely, like a man of valour and courage, as it is well known to some of your selves: And I now look for, and expect the enjoyment of ••hat for which I fought by your meanes and iustigation. And therefore, my Lords, I protest here before the God of heaven and earth, if you shall be so unworthy as to persevere in endeavouring the destruction of the fundamentall Lawes and Liberties of England, as at present you doe; I will venture my life and heart-blood against you to oppose you, with as much zeale and courage as ever I did any of the Kings party, that you set us together by the eares with.

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

So I was commanded to with-draw: and being out above an houre, I was the third time called in, and commanded again to kneele; which I absolutely refused to doe. And then I was told

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

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

And truly Sir, it was a wonder to me, to hear the Lieutenants hard and cruell interpretation of my order, and perceiving my wife to be much troubled at his words, it took a deep impression upon my spirit, and made me go below my accustomed principles of Re∣solution; in regard of that indearednesse of affection, that was be∣twixt my wife and my self, which made me say to him: Sir, my wife is all the earthly comfort that now in this world I have left unto me, and she is that meet help, that the wise God of Heaven & Earth,

from the beginning hath instituted and ordained for me, frail & weak man, in my pilgrimage and vally of teares here below: and Sir, if such a helpe had not been requisite for poor man; without which, he could not have had a comfortable being in his earthly being; God would ne∣ver have ordained it, and commanded man to forsake Father and Mo∣ther, to live with his wife, as one flesh.

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

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

But the hard-hearted Lieutenant, like a man that took delight to adde sorrow, to the afflictions of the too much afflicted, would not embrace my proffer, which I would not have broken or viola∣ted, for all the gold in England; but strictly gave command to my keeper, that neither my wife, nor any other friend should speake with me, but in his presence and hearing; which he being here pre∣sent, is able to testifie unto you: and then the Lieutenant went to the Lords, and prevailed with them to make an Order to bear him out, in what he had illegally and unwarrantably done, and executed upon me, of his own head, for 5 dayes: which order, you Mr. Mar∣tin have also in your hands: So that by the Lieutenants meanes I was divorced from my wife, till the 16. day of September follow∣ing: Upon which day, the Lords of their own accord, without my desiring of them (who was resolved in this case never to sue for a farthings-worth of courtesie) made an Order, again to marry me to my wife, as by the Copy of it in your hands will appear. And besides all this, he set and ordered his Warders at the Gate, most illegally to take the names and places of habitations of all my friends that came to see mee, on set purpose, as I may justly con∣ceive, to affright and scare all away from coming to visit me; yea,

and besids the taking of their names, some of his Warders did ex∣traordinarily abuse both me and many of those that came to visit me, & denied admittance, and turned away scores of my friends, as I can easily prove: All which cruelties, and inhumanities offered to me and my friends; I may, and so do; set upon the Lieutenants own score: for I often complained to him of them; and the best remedy I could have, was nothing but a laugh from him at it: So that truly, Gentlemen, I do professe unto you, that the hard and barbarous usage that I have had from the Lords, and their Jaylors, (in the number of which, I reckon Col. Francis West, the present Lieutenant of the Tower, who for all his title, is no more nor no otherwise to me then a Jaylor) to be worse then death it selfe; which I seriously professe unto you, I should rather embrace, then the like usage for so long time again.

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

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

For truly, I must plainly and ingenuously tell you, went not the lacombes of strength, and assistance from God; the more, my con∣dition would be insupportable, and not any longer with patience to

be stoop't unto by me: for it cannot but be known to divers of you, that for almost this ten yeares together, I have never been free from the lashes and destroyings of the Grand Prerogative-men of this kingdome, that have ruled and governed by no other law, then that of their own will; and yet to this day never received a penny by way of reparation, for all the wrongs and injuries that I from them have sustained; although I have spent divers hundreds of of pounds in indeavouring the procurement of it: and my repara∣tions for my sufferings at the hands of the Star-Chamber Judges sticks in your house at this very day; which I humbly intreat this honourable Committee, when this my businesse is reported to the house, to put them in mind of; and besides, my late extraordinary expences, and my shortnesse of pay for my faithfull and successfull service with my grand adversary the Earle of Manchester, and the present extraordinary chargeablenesse of my imprisonment in the Tower, &c. renders my condition an extraordinary object of your present reliefe: For although I have not paid all the great summes demanded as fees in that place; yet because I have found civility, and humanity from my Keeper, for my own accommo∣dation and ease-sake; I have weekly been (I think) very liberall unto him, I am sure beyond my present ability; besides the charge of my own diet and family, &c. which I hope, that when your Honorable House hath adjudged my cause, (which I am confident according to law cannot goe amisse with me) and thereby given me ground to present them with my bill of charges; they will not onely cause the Lords to pay it me again; but also ample reparati∣ons for my hard and unjust sufferings: without which, although you evacuate the sentence, and set my person at liberty, I shall think that I scarce have justice to the half, having but meerly the shell without the kirnell. But if the greatnesse of the Lords, by reason of the distractions of the present times, shal stick in my way as an hinderance therof; give me leave humbly to tell you, that the Commons of England are bound by you in a Protestation, to main∣tain their liberties, and to stand to all those that defend them; yea, and to bring those that endeavour their destruction, to condigne punishment. In which regard I am resolved by the strength of God, in a just and legal way, with all earnestnesse to desire, through City and Countrey, the joynt assistance of all in England, that are

not willing to be slaves, to joyn with mee in a grand petition to your House, for the obtaining of my just and honest desires against the Lords. And truly, Sir, I must venture life and all that I have upon it. For can it appeare just to you, that the Lords should cry out against the King, their Lord and Master, for injustice and cruel∣ty; yea, and draw their swords against him, and yet be more unjust themselves? As to goe no further then my very case: for sure I am, it was the Kings constant custome to provide diet, lodging, and pay the fees of all those he committed to the Tower: but the Lords for no cause in law at all, have committed me thither, and put me upon it, to pay all the vast extravagancies there for fees, &c. yea, and that for tormenting and destroying me. Surely, Sir, they will never be so unjust, but when they know, it is demanded as a just and legall right; but largely in good currant coyn to repay me: the which, if they be so unjust as to refuse, I hope you will be so just and true to your trust, according to that sufficient power and authority that is in you to compell them.

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

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

And if after such a hearing before your honourable house, it shall appear to their judgments and understandings, that I have wrong∣ed the Lords in generall, or the Earl of Manchester, or Col. King in particular; (which two are the principall causes of all my pre∣sent trouble, and against whom, are two Grand charges in your house; as I judge them of no lesse then high treason commit∣mitted against the Kingdom; which as I humbly conceive, the ju∣stice of the Kingdom requires should come to a finall determinati∣on) I shall with all willingnesse and cheerfulnesse submit to what punishment shall be just for them to inflict upon me; and I hope that by this faire offer, you will be provoked with the strength of resolution, to deal impartially betwixt the Lords and me, & with∣out

fear, punish those where the just fault is, especially, considering that you, in your most excellent Declaration, of the 17. April 1646 published by you to the view of the whole kingdome, have so∣lemnly declared, That you will preserve the Rights and Liberties of the people, and abolish the exercise of arbitrary power, and so provide for the safety and weal of the people; which is (as you say) the end of the primitive institution of all government. And therefore, in the be∣half of my self, and all the Commons of England, I most humbly beseech, and entreat his thonourable Committee, to improve all the interest you have in the house of Commons, to make good unto us this their own just and honest Declaration.

I beseech you heare me but one word more, which I intreat you well to observe; that the Lords have joyned with you in severall Declarations; in which the Kings Oath is printed, which I read in the Book Decl. pag. 268.713.714, where you and they declare positively, and back it with many strong arguments; That the King by his Coronation-Oath, is bound to passe such lawes, as his people shall chuse: and if so; then he hath no power in him to give a law unto the people, or impose a law upon them: much lesse can hee give a power to the Lords (his meer creatures made by his will & pleasure) for them to oppose or give a Law unto the people: and I am sure, if they have a legislative power in them, to do what they please, and so by the authority of that, presumed to do with mee, as they did: I am sure, by the established Law of the Kingdom, they have no power at all, not in the least to do with me as they have done.

And therefore, I humbly entreat you, to presse home unto your House, the Lords usurpations and incroachments upon our com∣mon rights, that so they may effectually curbe them, as in Justice they ought. For Sir, that which addes sorrow to all my sorrowes, is this, that I suffer all these inhumanities and illegall usages, du∣ring the time of the sitting of a free Parliament, (and yet can have no effectuall redresse in five moneths time, though earnestly sought for.) Alas Sir, the Parliament is the English-mans legall last re∣fuge; and if that faile us (to speak as men) we are undone; unlesse God set his power at work, to work miracles, and raise up meanes for our preservation. And Sir, if the Lords dare thus tyrannize over the free Commons of England in time of Parliament, (that used to

be the fear and dread of Offendors) what is it, that they will not do unto us out of a Parliament? Therefore, again I most earnestly beseech this honourable Committee, to remember them, and im∣prove all your interest to punish, or at least effectually to curbe them: for which, as well, as for your present patience, in hearing me so largely, I shall both now (as well as formerly) remain oblie∣ged to improve my best and utmost ability, for the preservation of the just, supreame interest, power, and authority of your honoura∣ble House.

Esa. 48.10.

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

Job. 23.10.

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

Novemb. the 9. 1646.

JOHN LILBURN.