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The Epistle to the Reader,

VVell affectionated Reader. It is (as thou knowest) a divine precept, that we should giue Honour to whom honour is due: Jmplying therein, that no honour is due either to Persons or things, but in a lawfull and right way. And hence it is that many of Gods deare Servants both haue and still doe, refuse to yeeld any Reuerence, Honoor, Service, &c. vnto Archbishops Bishops: and their dependent Offices; I say, as they are Ecclesiasticall persons & doe administer in their Spirituall Courts as they terme them: in regard they have assumed such a State as is to speake properly and truely of it, neither Iure Divino nor jure Humano, warrented by the word of God. But of this I shall not need to say any more, in regard thou shalt find what here I say cleared & proved sufficiently: viz. that their calling is not from God, either in a divine or humane respect, but according to the scripturs after mentioned: altogether & every way from the Devill. And therfore look unto it whosoever thou art, that thou (like Mordecay) bow not the knee to any of these Amaleks, but on the contrarie Feare God and honour the King, and give reverence Only to such ordinances as God binds thy Conscience too, either in respect of nature or grace, and soe doeing thou shalt Give vnto Cæsar the things that are Cæsars, And give vnto God, those things that are Gods. And that thou mayst so doe, the Lord sanctifie both this and all other good meanes and helps to thee.

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A LIGHT FOR THE IGNORANT

OR A Treatise shevving, that in the nevv Testament, is set forth three Kingly States or Governments, that is, the Civill State, the true Ecclesiasticall-State, and the false Ecclesiasticall State.

THere are in the new Testement of Christ Iesus three Kinglie States or Governments. The Civill State. The true Ecclesiasticall State. And the false Ecclesiasticall State. Two of them are of God, and the third is of the Divill. They all consist of these Seven particulars following.

In the First, place these three pollitique Regiments hath each of them a King or Head over them.

Secondly, They haue each of them authoritie power or state pollitique.

Thirdly, They haue books and Charters, wherein their statutes, Lawes, and Cannons are writen.

Fourthly, Each of these make themselves Citties Corporations or bodies politique.

Fiftly, They haue Officers and deputies who are their seuerall Ministers to and in there bodies or Corporations.

Sixtly, They have Lawes, ordinances, and administrations for these officers to administer to their subjects, according to there severall functions in the name and by the power of their proper King, and head; from whom they haue received their authority & in whose name they administer.

Sevenlie, and lastlie, they haue subjects or members governed [4] by and in their seuerall pollitique States and powers vnder their severall beads.

The First particular Handled.

These haue each of them a King or Head over them.

The Civill State.

The First is the State of Magistracie or civill State, that wherein Cesar is to haue his due as King and head, these Kings & heads are to be prayed for of all Gods people, as their Heads and gouernours Rom. 13. 1. 2 1. Tom. 2. 2.

The true Ecclesiasticall State:

This state is Christs the annointed Psa. 2. 6. Acts. 2. 26. whome God the Father hath set upon the Throne of David, Jsay, 9. 6. 7. and he is King of Saints Rev. 15, 3. Yea the King of Kings & Lord of Lords. Rev. 17. 14. & 19, 16.

The False Ecclesiasticall State.

The third is the helish state of the Beast, his Kingdome or state of Rome, which in the 13. Rev. v. 2. is said to haue his power from the Devill; also he is said to haue a Throne: therefore hee is a King 11. c. He is called the King of the Locusts which is there said to bee the Angell of the bottomleste pit. v. 11.

Secondly, these haue each of them a Kingly state or power pollitique

The Civill State.

This power or Civill state is of God, and is the Charracter of Gods soveraigntie over man; is displaid by his Communicating the same unto Kings & such as are in authority under them, for which cause hee hath said yee are Gods; and God must and is obeyed by stooping and submitting to this power and state, and he that resisteth this power resisteth the ordinance of God Rom. 13. c.

The true Ecclesiasticall State.

Likewise this state is of God; for it is the Kingdome of his deare Sonne, & is not the Civill state but the Ecclesiastical state of Christ his Church, or power which he received of his Father Mat 28. 18, after that he rose again from the dead, by which power he authorised his Apostles & sent them on his errand or message to al the world, Mat. 28. which power the Apostles vsed in planting Churchs [5] and Church Officers, which power Christ gives to all the Churches of the Saints to the end of the world, it is the power given to them to bind and loose too, and from the Devill, and to right each others wrongs Mat. 18. it is the same power and state the Churches had comitted to them by the Apostles who reproved the Churches for not using it to suppresse sinne and sinners 1 Cor. 5. with the seuen Churches in Asia. Rev. 2. 3. c. these and many more are the severall vses the Lord hath made of this true Ecclesiasticall or Church state, and Goverment.

The False Ecclesiasticall State.

This Angell of the Bottemlesse pit Rev. 9. 11. the King of the Locusts hath a state, throne, power, and great authority. Rev. 13. 2. & in the same Chapter it is said, he hath power to continue 42 moneths, v. 5. that is 126. dayes as c. 12. 6. counting each day for a yeare (as the Lord doth in numbers, 14. 34. and Ezec. 4. 6,) it is 1260. yeares that is the length or time of his Raigne, that one and the same time which Christs Kingdome vnder the name of the holie City shal be trod under foot Rev. 11. 2. Likewise that is that power or state that the woman or great whore sits or aids uppon: whereby shee is able to Raigne Rev. 13. 16. & c. 17. as a Queene over the Kings of the earth. And Lastly, this state is soe great that it Captiuates all Kings Princes & Emperours, yea all the world of vngodly men Rev. 13. 7. 8. wonders, followes; and worships this state, or beast, and if they will not he hath such power and authority that hee will compell high and low, rich and poore, bond and free, to submit unto him, & to kill all those that are found refractory to his state and power. Rev. 13. 15. 16. 17. This is the False Ecclesiasticall state and power.

Thirdly, these haue each of them bookes and Charters to declare their minds to their Subjects.

The Civill State.

Thirdly, all Kings & governours haue Bookes, statutes, and Records, wherein are recorded their Lawes Articles, Acts of Parliament, likewise to Citties and townes Corporated they give Chartors whereby they haue power and preuilidge from their King, & head, in his name and power to instate themselves into divers [6] previledges for their mutuall good.

The true Ecclesiasticall State.

Even soe in the next place Christ Jesus hath given his lawes vnto Iacob & his statutes to Israell, his statute Books are the Holie Scripture of the Old and New Testament, he is faithfull in all his house as was Moses Heb. 3. 2. 6. the acts of his last Parliament which hee called for the establishing of his Kingdome, when hee was 40. daies with his Disciples giving them lawes through the Holy Ghost, even till hee was taken vp into Heaven in their sight, as wee may see in Acts. 1. chapt. Those bookes called the Acts of the Apostles, with-all the Epistles and the Revelation, in these the Cities and Charters of the new Jerusalem is to be found with the previledges thereunto belonging.

The False Ecclesiasticall State.

This smoaky pollitique State of the Crowned Locusts or Roman Clergie Rev. 9. 3. 7. hath distinct bookes from the other two states that are of God, for this State or power hath Bookes of Cannons, Counsels; bookes of Articles, bookes of Ordination of Priests and Deacons; with the booke of Homilies, and the Booke of Common-prayer, and the power and state of this Beast, doth more narrowly looke that all be agreeable to these bookes then the other two states doth (as is manifest by that strict eye that is had ouer all in every parish) not onelie in forraigne Lands, but even in this our Kingdome of England, for they of this Kingdome of Darkenesse are wiser & more diligent in their generation them the children of light.

Fourthly, by vertue of these Charters, these three states make Citties and Corporations, according to their proper & distinct state & power pollitique.

The Civill State.

In the next place the loyall Subjects of this Regiment vnder their King & Head, by vertue of these Charters, become famous Citties, & other inferior corporations agreeable to the tenour of their severall Charters that they received from their Head, & when they received their Charters then & by that means they received the State & power to become a Citty or Corperation vnder that Head, & when they haue vnited or incorporated themselvs into a Bodie they are a Citty constituted, [7] and this state & power they are entered into, is their for me and being, and nothing else doth distinguish them from their former state and condition but that power and state, that is, their state wherein they live moue and haue their being pollitiquely.

The true Ecclesiasticall State.

In like manner the Subjects of this heavenlie regiment or King dome of Christ, by power from him their Head, doe become visible Churches and bodies incorporated together in his name & power Mat. 18. therefore the Church hee left behind him of 120. were of one accord Acts 1. and to them were vnited or joyned 3000. in the next chapt. so the saints at Antioch, became a body or Church whose constitution or incorporation wee may see to bee a joyning themselves to the Lord Acts. 1. 2. 23. soe all the Churches of the Saints became bodies pollitique, and therefore Gods visible Churches are called Citties or the City of God Psal. 46. 4. Psal. 48. 1. 2. 8. & Psal. 87. 2. 3. Therefore the Saints are called Cittizens Ephes. 2. 19. Inhabitants of the Living God Heb. 12. 22. This holy Cittie is troden under foote 42. Moneths Re. 11. 2. the time of the Raigne of the Beast (Re. 13. 5.) whose Raigne is just so long & this Holy Citty is the new Jerusalem that comes downe from heaven in great glory Rev. 21. the forme or beeing of his divine Citty or spirituall Bodie is the state and power pollitique instituted by Christ and given to his Saints Jude, 3. v. Psal. 133. and thus under Christ as their King they live, moue and haue their being pollitiquelie.

The False Ecclesiasticall State.

So the power of Satan the Devil by hath the wisdome of the second Beast, or false Propher, not only made to himselfe a great Citty whose power killed Christ Rev. 11. 8. Thereby pointing vs to the Roman power that still kills his Saints, for this Citty is soe powerfull that she Raigns over the Kings of the earth, & maks them to drinke of the cup of her fornications, till they be so drunke thereby that they become her servants Rev. 17. 2. 18. & 18. 2. And by this false Ecclesiasticall power & state, there are made lesse Citties called the Citties of the nations of (nation Churches) & are of the same nature Re. 16. 9. as Daughters to the whore & Mother of fornication of the earth, this false great Catholique Church is distributed into [8] nations, provinces, and into every diocesse and parrish, as liuely and apparent as the Civill state, is in every parrish and in every House therein, soe that they live moue and haue their beeing as Royallie from this Beastlike power as the Saints doe by Christ, or subjects under their King, this is plaine by the daily troubles the poore saints suffer in every parrish if they worship not as this power commands.

Fiftly These haue each of them proper and distinct officers belonging to each pollitique State.

The Civill State.

In the first place these Cities by vertue of their Chartors, injoy their owne officers, Majors, Shirrifes, Alderman, and other inferiour Officers as their Lord and King hath allotted them, and also inferiour corporations according as is granted to them in their Chartor, and they that obey these doe well and please God in keeping the first Commandement.

The true Ecclesiasticall State.

Likewise the Citty of God by vertue of their chartor haue right to enjoy their owne Bishops, ouerseeres or Elders Acts, 14. 23. and chap, 20. Titus, 1. 5. 7. Which are not many, yet Wisdome that hath built her house hath found them to be sufficient: which are these, Pastors, Teachers, Elders, Deacons, Widdowes, Rom. 12. 7. 8. Ephe. 4.-11. 12. Phi. 1. 1. 1 Tim. and they that obey these and these onely serve Christ and obey God in keeping the 2. and 3. Commandements, these only being the officers which God by his Holy Apostles hath set up, instituted and placed in his Church to the end of the world: therefore, in Hearing, and obeying these we heare & obey Christ that sent them Luke. 10. 16. Math. 10. 40.

The False Ecclesiasticall State.

In like manner hath this whorith City, or Citties, the False Prophet, or Body of false prophets attending upon their forged divises, & humane administrations, which are almost innumirable to reckon from the Pope to the parish clark or Parstor whosoever obyes these or any of these breaks the three first Commandements, for in hearing & obeying these they hear & obey the Dragon, Beast, & whore, that sent them and gaue them their authority and Office, that as Realie as [9] wee Heare and obey the King by stooping and submitting to a Constable who sees not this.

These haue each of them proper and severall lawes, statutes, ordinances, and administrations for their severall officers to attend vpon.

The Civill State.

Sixtly, In this state or in these Citties are the lawes and ordinances of men, that the saints must obey in the Lord, for though in the time of Christ and his Apostels there were no Christian Kings, yet the Churches of the Saints were commanded to obey their Lawes, Religious Lawes they could not bee, Because the Magistrates were all infidells, therefore the Apostle Peter distingusheth them from the Divine, by calling them the Ordinances of men, due vnto Caesar as divine obedience is unto God,

The true Ecclesiastcall State.

Even so this Cittie of God with their officers are to obserue what soever Christ hath commanded them Math. 28. 20. the Church of Corinth kept them 1 Cor. 11. 2. and Paulls Charge to Timothy is to teach the Church to obserue all without prefering one before another, as he would answer it before Christ Iesus and his Elect Angells. These divine things are due to Christ Iesus, and to him & to him onely, belongs this visible worship Ioh. 4 21. 22. 23.

The false Ecclesiasticall State.

The Lawes & administrations of this whorish Church, are partly their owne Inventions, contained in the Bookes formerly named, with some divine truthes which vsurped they injoy, which truthes they vse as, a help to set a glose vpon their inventions: that they may passe with a better acceptation but both Divine and devised are consecrated & dedicated by the Beast, and are administred by his Officers and power.

Seauentlhy, All these three haue their subjects or people which their pollitique Bodies consist of.

The Civill State.

Lastly, this State hath Subjects, which are the Kings alleiged people, and are bound to him their Head, by the Oath of alleigence, & as any of them do purchase a Charter from him to become [10] a Cittie or Corporation, they are bound by vertue of their Charters to walke submissiuely to him their pollitique head, and in that relation are by duty bound to keepe the Lawes of their Charters in his name & power, which is their pollitique obedience.

This Ciuill State is Gods Ordinance, and is here borrowed to Jllustrate, manifest, and set forth the other two in the former perticuler, and soe we leaue it.

The true Ecclesiasticall State,

Soe in the last place, the Subjects of this State are only Saints & noe other, that is such as by the Rule of the word are to be Judged one of another to be in Christ, otherwise they haue no right to this Kingdome 1 Cor. 4. 20. Chapt. 5. 13. But are intruders lud. 4. verse and soe not of the Kingdome, though in the Kingdome, 1 Iohn 2. 19 and the Saints are out of their places till they come within this Holy Citty.

To this State all Gods people are Called, both out of this world and all false Churches, especially from this Regiment of darkenesse there discribed 2. Cor. 6. 17. & Rev. 18. 4.

The False Ecclesiasticall State,

Lastly, the Subjects of this Kingdome of darkenes are all the Inbabitans of the Earth, Kings & subjects Rev. 13. 16. & Chap. 18. 3. Yea it, hath a commanding power, bond and free, to receive a mark of subjection and servitude, there is none soe bad but will serve his turne, if any proue too good hee casts them out, kills and destroys Rev. 11. 7.

This is the State and Kingdome of darkenes: with which the Devill hath deluded all nations from which all Gods people & Servants are bound in duty to seperate, that soe they may bee free from that wrath of God which shall fall upon the Kingdome of the beast to the Ruine & ouerthrow thereof Rev. 18. 4. 5. & 19. 20. & 14. 9. 10, 11.

Leaving the premises let every one note these ensuing differences or disproportions, that are betwene the Ecclesiasticall States, for thir different natures.

The true Ecclesiasticall State

The First disproportion betweene the true and False State is, [11] in the Originall from whence they arise. The true State came from Heaven and is the house of wisdomes building Pro. 9. 1. wherin the sonne of God, the wisedome of his Father, Heb. 1. 3. hath beene as faithfull as was Moses in the former Heb. 3. 2. 6. & is that Heaven discribed Rev. 12. 1. and that Citty said to come downe from Heaven Rev. 21, and is an habitation for God to dwell in, and for all his people to come into: to dwell with God their Saviour, for the name of the Citty is, the Lord is there Ezec. last Chap. and last ver.

The False Ecclesiasticall State.

Likewise it is no hard Mistery to know the Originall of this False Ecclesiastical State, for the Clargie, (as Goodwins Catologue of Bishops Fox his Booke of martyrs, & Rev. 9. & 13 ch.) & by their Preaching & writing hath taught vs plainly that Antichrist the man of sinne, the sonne of perdition is seated in Rome, & the same Clergy doth also teach us: that their Ministery & Goverments of Bishops & Arch Bb. successiuely proceedes from thence, & for our confirmation here in we read that Gregory the first of that name, Pope of Rome about 1000 yeares since, sent Austin the Monke into Englund & consecrated him first Arch B. of Canterbury, and he consecrated the rest of the Bb. and established the Ecclesiastical state, which state & platforme remaines vnaltered to this day; notwithstanding the Head thereof be changed. This state then being the man of sinne, it is said to arise out of the Bottomles pitt Rev. 9. 1. & is called the King of the Locusts Rev. 9. 11. & is said to come by the effectuall working of Sathan 2 Thess. 2. 9. and as he is the sonne of perdition v. 3. and the Mistery of Iniquity v. 7. so shall he come to confusion by the mouth of the Lord v. 8. & go to perdition Rev. 17. 8. as the sonne & heire thereof, & he shall haue the company of his Fatther the great Dragon the Devill and Satan, with the yonger Brother the False Prophet, that deceiued them that worshipped him, these three shall dwell in the tormenting lake of Gods wrath forever and evermore Rev. 19. 20. & 20. 10. And thus wee see Originally from whence hee came and whither he must goe.

The true Ecclesiasticall State,

A Second disproportion is betweene the true power and the false. The true power which Christ our King hath received of his [12] Father Math. 28. 18. and hath comunicated to his Saints 1 Cor. 5. 4, 12. and Psal. 119. and to them onely; This is that Dominion that the Antient of dayes hath giuen to his Saints Dan. 7. 14. compared with ver. 22. 27: and with Revel. 5. 10. & being lost hee will recover it againe vnto them as Daniell speakes, & in the New Testament is giuen to every Particuler visible Church or Assembly of Saints Math. 18. 17. 19. 20. and 1 Cor. 5. 12. In which point of Power, we are to note two things. Fust the Subject or place where it doth recide, that is in the Body or Assembly of the Saints, as the former scriptures largely declare. Secondly, that they were not forced nor compelled to submitt to their power, but as the loue of God shed abroade in their hearts, & the Doctrine of the Apostles by the power of the spirit caused them freely and willingly to submit themselves unto it Acts 2. 41. for Christ and his Apostles never used any means to bring his saints into his Kingdome.

The False Ecclesiasticall State.

Soe in Like manner the Dragon that Old Serpent Rev. 12. [Editor: illegible word] gave to his son of perdition the Beast, his power & throne & great authority Rev. 13. 2. And this man of sinne hath conveyed to all his Clergie his power; by vertue wherof, they are all rulers & men of authority in all nations where he hath established them, as is declared Rev. 9 Chapter & 10 First Verse: wher it is said, they haue Crownes upon their heads like gold, that is counterfit power and authoritie, & by vertue of this power pollitique; are made one intire body pollitique, under one head & King soe called vers. 11. and are distinct from the Layety, living in & by the practise of this power, with reference to that Head, though they bee never soe farre disperced or remote from him; this beeing observed, the disproportion will appeare in these two particulers.

First, the subject place where this power doth recide, it beeing in the body of the Clergy, the Layety being excluded though never so high or great in place, as Iudges, Iustices, Lords & Knights &c, they refusing it as a matter not belonging to them, but to the Clergy.

Secondly, this power compells all in all nations, will they nill they to come under this Government, and to obey his power and authority Rev. 13, 8. 16. where it is said, he made all great and small, rich [13] and poore, free and bond, to submit to him, else they should not buy, nor sell nor live ver. 17. and ch. 11. 7.

The true Ecclesiasticall State:

A Third disproportion shall appeare in this, Every Kingdome or pollitique state whether Civill or Ecclesiasticall, hath their severall bookes and Charters: wherein is contayned the Platforme of there severall governments, soe every Church is knowne by its owne articles, Cannons, and Constitutions, so that they that will know what Church, Ministery and worship Christ and his Apostles hath planted in the new Testement after the Ceremoniall was abolished; they must read the Acts of the Apostles with the Epistles Acts, 6. 4. 1. Cor. 14. 37. Revel. 22. 18. 19. Yea the whole new Testement, and there they shall finde Jesus Christ our Lord and King, his Bookes of Cannons, Articles and Ordination, to guide and direct the Churches of the saints in his Kingdome vnto the end of the world.

The False Ecclesiasticall State

Also in the False State, they that would know what goverment, Church, Ministery, and worship, the man of sinne hath established, he must viewe his Platforme contayned in his Booke of Cannons, Articles, and Ordintion of the Priests & Deacons, his Bookes of homilies and Common Prayers, for in them is contayned those institutions, Lawes and ordinances that he hath established, but how contrary to the Scriptures of the Old and New Testement; they that are Spirituall in part doe know, and how obedience to them is inforced and divine Lawes omitted and laid aside, the poore saints doe finde, and [Editor: illegible word] to there smart.

The true Ecclesiasticall State

A Fourth Disproportion. This State makes not Nationall nor Provinciall pollitique Bodies, but only particuler Congregations or assemblies of Saints, as in Judea one Nation; yet divers Churches Gal. 1. 22. Soe Galatia one nation yet many Churches ver. 3. likewise Asia hath seaven seuerall Churches ver. 1. 11. and where there was but one the Holighost speakes in the singuler number, as the Church at Rome, another at Corinth, another at Collossia, another at Thessalonica, and the like.

Secondly, the Congregations of our Lord Christ come freely and [14] willingly as so many living stones 1 Pet. 2. 4. 5. volluntarily vniting themselues together, whereby they become A Spirituall house and a Royall Priesthood ver. 9. and are hereby capable of performing the publique worship of the New Testament, wherein they are to offer as Living sacrifices their Soules and Bodies Rom. 12. 1. and by faith to haue Communion with their Mediator Heb. 12. 24. as he hath promised to all such assemblies gathered in his name and power Rev. 21. 3. Math. 18. 19. 20. which is the forme and beeing of this their visible and pollitique vnion & communion Eph. 2. 20. 21. 22. Coll. 2. 19. Thirdly, the visible Churches of Christ are independent Bodies; there is Equallity or apparity amongst them: that is, they are all a like in Iurisdiction & authority, they are all Golden Candlestickes Rev. 1. 20. they are every one of them a Ierusalem compact together within it selfe Psal. 122. 3. compared with Heb. 12. 22. hauing each of them whole Christ for their mediatour, that is, Priest, Prophet; and King; and thereby enjoy all his power and all his promises, and all his Lawes and ordinances, with all his liberties and previledges.

Fourthly and Lastly; in the vse of their liberty which they enjoy from and vnder Christ their Head, and dwels in the whole body, in the vse whereof they are inabled to exclude sinne and sinners and ought that offends God or them, 1. Cor. 5. 13. 2 Thes. 3. 14 Acts 3. and to establish among them such Officers, Ordinances, and Admistrations as their Lord & King hath given them for their comfort and profit, by this power they can examine and try False teachers Rev. 2. 2. they can reproue and admonish proud ones and exhort the negligent Cor. 4. 17, thus their power and liberty from Christ their head, becomes a great benefit and a great good to the whole body, in these and divers others perticulers of great weight.

The False Ecclesiasticall State.

But this False State brings ten Kingdomes into one pollitique body Rev. 17. 12. 13. 15. & hath set heads over nations to bring them into pollitique bodies Ecclesiasticall, as for example, England is one pollitique body Ecclesiasticall, (as well as Civil) vnder one Arch-Bishop of Canterbury, and Pope of Lambeth, and by the sinewes and bonds of his Ecclesiasticall power the whole hand as one body is [15] knitt and bound to that Ecclesiasticall Head, by vertue of that Romish authority that hee successively doth exercise, and hath received from Austin the Monke, who consecrated, authorized & sent into this Land to establish this power according to Pope Gregorius his will wisdome and power.

Farther, this False State hath left noe liberty nor power to any person good or bad Rev. 13. 7. 8. but compels and forces all in the name and power of Antichrists successours; will they nill they, haue they faith or no, conscience or no conscience, this beast will be served and obeyed of all states degrees and conditions, of all people in the world ver. 15. 16. 17. soe that there is noe Ecclesiasticall body of his making whether it be the great Catholique Babylon, Revel. 16. 19. or Nationall, or Provinciall; or Perrochiall bodies, but this Beast first made or framed them, and still by the force of the same authority doth compell them to assemble and worship in his name and power, which power is the tome and being of their visible & pollitique vnion and Communion.

Againe the visible Churches which are in the Kingdome of the Beast, are neither independent nor free bodies, therefore the great Citty is called by the Holy ghost; Sodome & Egypt: for her filthynes & bondage Rev. 11. 8. so that there hath not in Europe one parrish beene found free from spirituall Egyptian bondage inflicted upon them by some taske Master of the Clergy, as the Person and Church-Wardens, who force and drive (by spirituall tyranny ouer the consciences of men) to their falsely so called spirituall Courts, to whom they are in bondage, and vpon whom they do essencially depend, & so are not independent, neither haue they any power, or liberty to procure truth or abandon Errour in their publicke worship.

And Lastly, these poore Captiuated slavish assemblies haue noe liberty or power of Christ among them; but a great power ouer them that keepes them in a spirituall bondage, and there assemblies consists of sinners of all sorts, for they haue noe power of reproving or excluding sinne or sinners, they must take such officers as the Bishops sends them be they never soe bad; and they have noe power to exclude or refuse them, and if they proue good they haue no power to keepe them neyther, canne they keepe themselves there, except they submit to, and practise such ordinances, Lawes & administration, [16] as are the inventions of men and will worship, and so breake the second commandement, so that they haue no power to do themselves any spirituall good, or to exclude from themselves any spirituall evill or hurt, but being injoyned by there spirituall taske-masters to assemble to Church, they goe, and when they present them to their Courts, they runne, & being commanded to do this or that in there publick worship, they doe it, though it bee contrary to God and there own consciences. In these and divers other particulers this power, that is ouer them is to their exceding great hurt & damage.

The true Ecclesiasticall State.

The Fift Disproportionly sin their Officers or ministers, which we are to observe thus.

First in there number, Christ Iesus our Lord and King hath instituted and ordayned onely sins; which are specified Rom. 12. 7. 8. Phil. 1. 1. 1 Tim. 5. for though our Lord hath ordained in his Church for the Foundation thereof; himselfe being the Chiefe corner stone, Apostles, Prophets, and Evangelists, yet not successivelie continued; but these Five onelie are to continue to the End of the world.

Secondly, these Officers and Ministers of Iesus Christ, haue not onely there authority from the particuler congregation, but do originally and naturally arise out of the same Acts, 1. 23, 26, and 6. 3; & 14. 23. Note that in the new Translation the word Election is left out of the 23. verse. For before there be any Officers in the Church there is instituted by the Holy Ghost divine offices; functions or odministrations; as voyd and empty roomes. Psa. 122. 5. Rev. 4. 4, & cha. 20. 4. for the saints which dwell in that Citty of God to supply with fit & able persons, to performe those severall administrations, which God hath ordayned and commanded them, and for the authorising of their Officers, they haue Christ walking amongst them as in one of his golden Candlesticks, holding them in the right hand of his Kingly authority, Rev. 1. 16. by these divine deputies he rules them as a King, teacheth them as a Prophet, and feedes them as a Priest with his most sacred body and bloud.

The false Ecclesiasticall State.

But the officers of this false state are the whole body of the Clergy [17] almost innumerable if we should reckon their severall orders & distinction of degres, as Pope, Cardinals, Patriarchs, Primates, Metrapolitans, Arch-bishops, Lord-bishops, Deanes, Chancellars, Vicar-Generals, Praebendes, Arch-deacons, Subdeacons, Doctors, of the Civill Law, Doctors of Divinity, Proctors Registers, Cannons, Petty-Cannons, Chanters, Preists, Iesuits, Parish-Preists, Parsons, Vicars, Curats, Deacons, Vestremen, Church Wardens, Swornemen, Sidemen, Parish Clarks, Sextons, Pursonants, Summinours, Apparitors, with a-multitude more which would tire a man to reckon them al up their being well nie sixscore in all of this rabble, and as Iesus Christ & his Apostles never knew them nor approvedly spoke of them, but rather gave warning to the Saints that they should take heede of such, for such were to come 2 Pet. 2. 1. Mat. 24. 24. and the Saints haue wofull experience that they are come: for they haue been plagued with them this thousand yeares & more, Yet the time approcheth and is neere when they shall bee consumed with the Breath of his mouth and brightnesse of his comming 2 Thess. 2. 8, that rides vpon the white Horse Rev. 19. 11, 12, 15, for their Kingdome is momentary, and his is Everlasting.

Likewise these offices rise not out of the particuler assemblies, neither haue the assemblies any offices or functions, properly in them nor any power or authority to produce or raise officers out of them selves, for the Clergy are a perticuler body distinct from the Layety hauing their consecrations; Offices and authority from and amongst themselves, and soe sent by their Ecclesiasticall Heads, and bring their Office and authority with them, as matters not belonging to the assemblyes, and so by vertue of that Ecclesiasticall power rule ouer them as Lords and teacheth them as that power allowes, and commands them, vsurpedly administreth spirituall foode vnto them, and soe by Imitation beguileth the simple and affronts the Administration of the mediatourship of Christ Iesus.

The true Ecclesiasticall State.

A Sixt Disproportion is the difference betweene there Lawes and Administrations, as euery Citty and Corporation haue there Lawes amongst themselues by vertue of their Charters from their King, Even soe hath every [Editor: illegible word] Church from Christ there King, [18] by vertue of their Charter, which is the New Testament, in possession amongst themselves all Lawes & ordinances as Christ by his Apostles Mat. 28. 20. hath committed to them, Charging them vnder acurse to keep from adding or diminishing to or from these divine Lawes Act. 1. 2. 2. 1 Cor. 1 1. 3. 2 Thes. 2. 15 Rev. 22. 18. 19.

Secondly, as the difference is great in the number of there Officers, the true being few & the False being innumerable, so of necesity must the difference be in the lawes and administrations agreeable to the number of Officers; which particulers I must omitt as a matter to large for this place, yet note this by the way: that one of the first laws in Christs Church is the ordinance of Prophecie 1 Cor. 14. 1. to the end of the chap. that is, that it is not only the liberty, but the duty of every man in the Church that is able to teach & preach to the edifying of the body, so to do (provided he keep the proposition of faith; that is the boundes of his owne knowledge Rom. 12. 6.

The False Ecclesiasticall State.

But as hath beene formerly said; the false Church hath no power nor Charter nor office, for all these things are locked up within the body of the Clergie, soe is it as true that they are distitute of all lawes or administrations, amongst themselves, so that all they haue at any time is brought to them by these Crowned Stinging messengers of that authority, as Commonsence and reason proveth: that the Clergie being apollitique and distinct body of themselves from the Layety; hauing all power and authority Ecclesiasticall in themselues, must of necessity haue all lawes ordinances and administrations in themselves, whether they bee divine, (which they haue by vsurpatõ) or humane, by their own Inventiõ, they only posesse them and haue power to vse them not fearing adding, or detracting, the Lay congregations being altogether passive herein til their Jnjuntion make them active.

Soe the lawes and ordinances of this state being innumerable (as their officers are) J must omit for to name them, as their severall false holy things: Kneeling in the & of receiving, Signeing with, the Crosse in Baptisme, Churching of women, Reading Prayers, with the Consecrating of Dayes, Times, Places, Persons, Garments, with their Anoynting of the Sicke and unholy Orders of [19] consecration, with other innumerable inventions, not worthy a-place in Christians thoughts, onely note the opposition of their law against the law of Christ, in vehement prohibiting and strongly barring all (Lay men as they call them) from preaching, that let Christ giue never soe great abillities or guifts to lay men: they are never suffered to make any publique vse of them, but it is horrible prophanesse and sacrelegious presumption soe to doe, and this prohibition of the Clergie is and hath been so vniuersall: that it reacheth to the foure Corners of the earth, and with holdeth this spirituall winde of Christ Jesus in the mouth of his Saints that it shall not blow upon them that are in the earth Revel. 7.

The true Ecclesiasticall State

A Sevevth Disproportion is betwixt their subjects or members, the subjects or members of Christs Kingdome or Church must, be beleeving Disciples, they must bee Saints by Calling & sanctified in Christ Iesus 1 Cor. 1. 2. they must be liuing stones to build his house withall 1 Pet. 2. 5. such as these and these onely are enjoyned to observes whatsoever he commands them, to these only is his Kingdome and dominion given, these be they that are crowned as Kings, anoynted as Priests, the mediatour himselfe being theirs, & he hath committed the administration of his mediatorship in his Church to them. But to the Wicked saith God, what hast thou to do with these things. Psa 50. 16. Thou hast not a wedding garment therefore binde him hand & foote & cast him out as leaven dangerous to hurt the body 1 Cor. 5. 7. For without shall be & dogges inchanters and those that loue & make lyes Rev. 22. 15. But within there shall be noe vncleane thing. Revel. 21. 27.

The False Ecclesiasticall State.

But the Subjects of this foule body are all vncleane and hatefull birds, Revel. 18. 2. the Cage that holds them being the Ecclesiasticall state of Rome, is become the habitations of Devils & the hold of every foul spirit, so that the vnfittests members which they can least indure or suffer amongst them, are the conscious saints, they are the soonest turned out, cut of and killed by them Revel. 13. 15, but yet if the saints; or Christ himselfe can by temptations or compulsion bee drawn to worship the Devill, he will haue it of them Mat. 4. 9. for he will haue all the world to worship him, if high and low, rich and [20] poore, bond and free, be all the world, he will compell them to bee subjects or members in his black Regiment Revel. 13. 16. 17.

For these dwell and rule make & change lawes and times in this their habition which is the bottemlesse pit, as the Father Sonne & holy Ghost do in their habitation, which is the New Jerusalem.

The true definition of a true visible Church of Iesus Christ.

1. THat every true visible Church of Christ, are a company of people called and seperated out of the world, (a) By the word of God, Ioyned (b) together in the fellowship of the Gospell by volentary (c) profession of fayth and obedience of Christ (a) Levit. 20. 26. Nehe. 10, 18. Ezeche. 44; 7. 9. 1 Pet. 2. 9. 10. Act, 2. 40. Act, 19. 9. 1 Cor. 1. 12 2 Cor. 6. 17. Revel. 18. 4. (b) Act. 11. 21. 23. Ier. 50. 4, 5 (c) Act. 2. 41.

2 That every true visible Church of Christ, is an independent body of it selfe Revel. 1. 3. chapt. & hath power from Christ her head Coll. 1. 18. 24. to bind & loose; to receive in & cast out by the Keys of the Kingdome Mat. 18. 17. 18. Psa. 149. 8. 9. 1 Cor. 5. 4. 5. 12. 2 Cor. 2. 7. 8.

3 That Jesus Christ hath by his Last wil and Testament given vnto and sett in his Church, sufficient ordinary Officers: with their quallifications Callings and worke, for the Administration of his holy things, and for the sufficient ordinary Instruction, Guidance and service of his Church to the end of the world. Rom. 12. 6. 7. 8. Ephe. 4. 11. 12. 13. Heb. 3. 2. 6. 1 Tim. 3. 2. 8. & Chapt. 5. 9. 10. Act. 6. 3. And that all the Officers in the Church are but onely five

and noe more namely Pastor, Teacher, Elder, Deacons,

Widdows. Rom. 12. 7. 8. Ephe. 4. 11. Phil. 1. 1.

1 Tim. 3. 1. & Ch. 5. Tit. 1. 5. 7.

FINIS

IOHN LILBURNE. AETAT: SVAE 23. Ano 1641.
G: Glo: fecit.

Gaze not vpon this shaddow that is vaine.
But rather raise thy thoughts a higher straine.
To GOD (I meane) who set this young-man free.
And in like straits can eke deliuer thee.

TO THE READER.

CHristian Reader, here is presented to thy view, a part of these cruell and grievous sufferings imposed upon this Author, by the malignant malice of the Prelacy and that faction, wherein thou mayest likewise see the wonderfull gracious dealings of a good God, carrying this Author through them all, with boldnesse and courage, being not daunted, neither at their frownes nor whippings, nor pillories, nor close prisons, no nor yrons; so that we may see the faithfull promises of our God before our eyes made good in this young man, who hath promised to be with his people in six troubles, and seven; and to hew himselfe strong in the behalfe of all those whose hearts are perfect before him, that so hee might out of the mouthes of Babes and Sucklings perfect his owne praise, to the astonishment of all those who shall lift up heart or hand against him, or the least of his holy ones; and to the comfort and encouragement of all the Saints, who, from the consideration of the sweet, supporting power of God, appearing to others in their bonds, are the more encouraged publiquely to hold forth their profession of the truths of the Lord Iesus with much more boldnesse and confidence, as knowing that that God which hath appeared to others of the Saints in times of offerings, even before their eyes, will also appeare to them in the like condition; and therefore wee may a little see and take notice of the follyes of wicked mens wisdomes, who thinke by their hellish wits, to raze downe Syon and the truth of God to the ground, and therefore they labour by the imprisonments and tortures of some to dash the rest out of heart, that they should feare to shew any countenance to such a persecuted way, whereas indeed the Saints have by this meanes a fairer object to pitch their faith and confidence upon, namely, the power and wisedome and grace and mercy of their God appearing in a more fuller vision before their eyes; for the afflictions and persecution that are imposed by wicked men upon the Saints, causeth them to see a Spirit of glory resting upon [page] them, even in this condition: here 1 Pet. 4. 13. 14. and a massive weight of glory provided for them hereafter, 1 Cor. 4. 18. So that we may daily see the God of heaven fulfilling of his owne Word, even in this thing, which is that hee will confound the wisedome of the wise, and bring to nought the understanding of the prudent, and catch the wicked in their owne snares, making the rage of man turne to his owne praise his peoples comforts and their ruins, wherefore let the servants of God comfort one another with these words: That we may not feare the feares of men, which, that we may be the more strengthened against them, let us consider the cloud of witnesses which hath gone before in a way of suffering, even in these our times, amongst whom the Author of this booke hath had his share with the deepest of them, and therefore to this end hath he published to the world this Truth, that he might keepe alive to all posterities the goodnesse, and mercy and love of God manifested to him under those cruell barbarous and tyrannical dealings of the prelaticall hierarchie, that so all the Saints of God may hate that wicked calling and power of theirs, and never give over crying to God and men, till it be razed downe to the ground, that so the Lord Iesus may be set up as Lord and King, which ought to be the desire and endeavour of all the chosen ones of God, and is the desire of him who desires the good of the servants of God, in all things, love for Christ.

WILLIAM KIFFEN

This is the first Part.

[1]

A CHRISTIAN MANS TRIALL.

VPon Tuesday last the 11 or 12 of December, 1637 I was treacherously and Judasly betraied (by one that I supposed to be my friend) into the hands of the Pursevant with foure of his assistants, as I was walking in a narrow lane, called Super-lane, being walking with one Iohn Chilliburne, servant to old Mr.And was since advanced by the Bishop of London to be his Balle? Licencer for his paines. Iohn Wharton, in Bow-lane a Hotpresser. Which Iohn had laid the plot before for my apprehension, as I am able for to prove and make good, that he shall not be able with truth to deny it. And at my taking the Pursevants were very violent cries and having by force got me into a shop, they threw me over a Sugar-chest, to take my Sword from me, and cried out for helpe, and said he had taken one of the notoriousest dispersers of scandalous bookes that was in the Kingdome, for (saith he) he hath dispersed them from one end of the Land to the other.

And from thence I was had to the Bole-head Taverne neere to the Dr. Commons, where the Pursevants called freely for wine to make themselves merry, thinking they had got a great prise; Being not long there with my Pursevant Flamsted, who apprehended me, in came Bonntrange, the great Prelates Pursevant, and he looking upon me, said Mr. Lilburne, I am glad with all my heart that wee are met, for you are the man that I have much desired for a long time to see. To which I replied are you so? And for my owne part, I am not much unglad, But you thinke, you have got a great purchase in taking me, but it may be you may be deceived. Come (saith he) give us some wine, and with that he swore an Oath, he would give me a quart of Sacke, for joyfulnesse of our meeting, and so he called for it and dranke to me: And I told him, I would drinke no wine. To which hee replied, and said in these words: Come (said he) be not sad, you are but fallen into the Knaves hands. To which I said, I am not sad in the least, and for my falling into Knaves hands, I verily beleeve without any questioning, [2] that which you have said. And then he swore another Oath, and said, it was true enough.

(So good Christian Reader, take notice of thus much by the way, that the Prelates and their Creatures are a company of Knaves by Bonntrange his own Confession.)

That night I was kept at Hamstedds house where I blesse God, I was merry and cherefull, and nothing at all danted at that which had befalne me. And about twelve of the clocke the next day, I was committed to the Gatehouse, by Sir John the Prelate of Canterburies Chancellour with others without any examination at all, for sending of factious and scandalous Bookes out of Holland into England. And having not beene at the foresaid prison above three dayes, I was removed, by a Warrant from the Lords of the Counsell to the Fleet, where I now remaine. And after my being there some time, I drew a Petition to the Lords of the Counsell for my liberty: and their answer to it was, that I should be examined before Sir John Bankes, the Kings Atturney: The Coppy of which examination thus followes.

Upon Tuesday, the 14 of Ianuary, 1637 I was had to Sir John Bankes the Attorney General’s Chamber (now Lord chiefe Justice of the Court of Pleas) and was referred to be examined by Mr. Coilibey his chief Clerke; And at our first comming together, he did kindly intreat me; and made me sit downe by him, and put on my hat, and began with me after this manner: Mr. Lilburne, what is your Christian name? I said, Iohn, Did you live in London before you went into Holland? Yes, that I did. Where? Neare Londonstone. With whom there? With Mr. Thomas Hewson. What Trade is he? A dealer in Cloath, I told him. How long did you serve him? About five yeares. How come you to part? After this manner: I But the greatest ground was Canterburies malice, who sent his Pursevants to my Masters to apprehend me, for my visiting of (and welwishing to) Noble Dr. Bastwicke, which forced me to fly to save my selfe from thse cruell blood∣suckers. perceiving my Master had an intention to desist his Trade, I often moved him that I might have my liberty, to provide for my selfe, and at the last hee condescended unto it; and so I went into the Country, to have the consent of my friends; and after that departed into Holland. Where were you there? At Rotterdam. And from thence you went to Amsterdam? Yes, I was at Amsterdam. What Bookes did you see in Holland? Great store of Bookes, for in every Bookesellers shop as I came in, there were greate store of Bookes. I know that, but I aske you, if you did see Dr. Bastwicks Answer to my Masters Information and a Book called his Letany? yes, I saw them there, and if you please to goe thither. you may buy an hundred of them at the Bookesellers, if you have a minde to them Have you seene the Unbishopping of Timothy and Titus, the Looking glasse, and Which Book proves them guilty of high treason.a Breviate of the Bishops late proceedings. Yes, I have, and those also you may have there, if you please to send for them. Who Printed all those Bookes? I doe not know. Who was at the charges of Printing of them? Of that I am [3] ignorant. But did you not send over some of these Books? I sent not any of them over. Doe you know one Hargust there? Yes, I did see such a man. Where did you see him? I met with him one day accidentally at Amsterdam. How oft did you see him there? Twise upon one day. But did not he send over Bookes? If he did, it is nothing to me, for his doings is unknowne to me. But he wrote a Letter over by your directions, did he not? What he writ, I know no more than you. But did you see him nowhere else there? Yes, I saw him at Rotterdam. What conference had you with him? Very little; But why doe you aske me all these questions; These are besides the matter of my imprisonment, I pray come to the thing for which I am accused, and imprisoned. No, these are not besides the businesse, but doe belong to the thing for which you are imprisoned. But doe you know of any that sent over any Bookes? What other men did, doth not belong to me to know or search into, sufficient it is for me to looke well to my owne occasions. Well, here is the examination of one Edmond Chilington, doe you know such a one? Yes. How long have you beene acquainted with him? A little before I went away, but how long I doe not certainely know: Doe you know one Iohn Wharton? No. Doe you not, he is a Hot-presser: I know him, but I doe not well remember his other name: How long have you beene acquainted with him: And how came you acquainted? I cannot well tell you: How long doe you thinke? I doe not know: What speeches had you with Chillington since you came to Towne? I am not bound to tell you: But Sir (as I said before) why doe you aske me all these questions, these are nothing pertinent to my imprisonment for I am not imprisoned for knowing and talking with such and such men: But for sending over Bookes: And therefore I am not willing to answer you to any more of these questions because I see you goe about by this examination to insnare mee, for seeing the things for which I am imprisoned cannot be proved against me, you would get other matter out of my examination, and therefore if you will not aske me about the thing laid to my charge, I shall answer no more: but if you will aske me of that I shall then answer you, and doe answer, that for the thing for which I am imprisoned, which is for sending over Bookes, I am cleare for I sent none. And of any other matter that you have to accuse me of, I know it is warrantable, by the Law of God, and I thinke by the Law of the Land, that I may stand upon my just defence, and not answer to your intergatorie; and that my accusers ought to be brought face to face to justifie what they accuse me of; And this is all the answer that for the present I am willing to make: And if you aske me of any more things I shall answer you with silence. At this he was exceeding angry, and said: There would be course taken with me to make me answer. I told him, I did not way what course they would take [4] with me; onely this I desire you to take notice of: that I doe not refuse to answer out of any contempt but onely because I am ignorant what belongs to an examination, (for this is the first time that ever I was examined) and therefore I am unwilling to answer to any impertinent questions for feare that with my answer I may doe my selfe hurt. This is not the way to get liberty. I had thought you would have answered punctually that so you might have beene dispatched as shortly as might be. So I have answered punctually to the thing for which I am imprisoned and more I am not bound to answer, and for my liberty I must waite Gods time. You had better answer, for I have two examinations wherein you are accused. Of what am I accused? Chillington hath accused you for printing ten or twelve thousands of Books in Holland, and that they stand you in about eighty pound, and that you had a Chamber at Mr. Iohnfoots at Delft, where he thinks the Bookes were kept, and that you would have printed the Vnmasking of the Mystery of Iniquity, if you could have got a true Copy of it. I doe not beleeve that Chillington said any such things and if he did, I know, and am sure, that they are all of them lies. You received money of Mr. Wharton since you came to Towne, did you not? What if I did? It was for Bookes? I doe not say so. For what sorts of bookes was it? I doe not say it was for any, and I have already answered you all, that for the present I have to answer and if that will give you content, well and good, if not, doe what you please. If you will not answer no more (here I told him if I had thought you would have insisted upon such impertinent questions, I would not have given him so many answers) wee have power to send you to the place from whence you came. You may doe your pleasure, said I. So hee called in anger for my Keeper, and gave him a strict charge to looke well to me. I said they should not feare my running away. And so I was sent down to Sir Iohn Bankes himself. And after that he had read over what his man had writ he called me in, and said, I conceive you are unwilling to confesse the Truth. No Sir, I have spoken the Truth. This is your Examination, is it not? What your man hath writ I doe not know. Come neare and see that I read it right. Sir, I doe not owne it for my Examination for your man hath writ what it pleased him, and hath got writ my answer, for my answer was to him, and so is to you, that for the thing for which I am imprisoned (which is for sending over bookes) I am cleare, for I did not send any, and for any other matter that is laid to my charge, I know it is warrantable by the Law of God, and I thinke by the Law of the Land, for me to stand upon my just defence, and that my accusers ought to be brought face to face, to justifie what they accuse me of. And this is all that I have to say for the present. You must set your hand to this your Examination. I beseech you Sir pardon me, I will set my hand to nothing but what I have now said. So he tooke the Pen and writ, the examined is unwilling [5] to answer to any thing but that for which hee is imprisoned. Now you will set your hand to it? I am not willing in regard I doe not owne that which your man hath writ, but if it please you to lend me the Pen, I will write my Answer, and set my hand to it. So he gave mee the Pen, and I begun to write thus: The Answer of me Iohn Lilburne is, And here hee tooke the Pen from me, and said he could not stay, that was sufficient. Then one of my Keepers asked him if they might have me backe againe? And he said yea: for he had no Order for my inlargement, and so I tooke my leave of him, and desired the Lord to blesse and keepe him, and came away.

And then about ten or twelve dayes after, I was had forth to Grayes Inne againe, but when I went, I did not know what they would doe with me there: And when I came there, I was had to the Starre-Chamber Office; and being there, as the Order is, I must enter my appearance, they told me, I said, to what, for I was never served with any Subpoena; neither was there any Bill preferred against me No legall proceeding in Star-Chamber.that I did heare of. One of the Clarkes told me, I must first be examined, and then Sir Iohn would make the Bill: it seemes they had no grounded matter against me for to write a Bill, and therefore they went about to make me betray my owne innocency, that so they might ground the Bill upon my owne words: but my God shewed his goodnesse to me, in keeping me, (a poore weake worme) that they could not in the least intangle mee, though I was altogether ignorant of the manner of their proceedings: And at the entrance of my appearance, the Clarke and I had a deale of pritty discourse; the particulars whereof for brevity sake I now pretermit but in the conclusion he demanded mony of me for entring of my appearance: and I told him I was but a young man, and a prisoner, and money was not very plentifull with me and therefore I would not part with any money upon such termes. At which answer the man began to wonder that I should speake so to him and with that the whole company of the Clarkes in the Office began to looke and gaze at me. Well (said he) if you will not pay your fee I will dash out your name againe. Doe what you please (said I) I care not if you doe. So he made a complaint to Mr. Goad, the Master of the Office, that I refused to enter my appearance. And then I was brought before him, and he demanded of me what my businesse was? I told him, I had no businesse with him, but I was a prisoner in the Fleete, and was sent for but to whom and to what end I doe not know, and therefore if he had nothing to say to me, I had no businesse with him. And then one of the Clarks said, I was to be examined. Then Mr. Goad said, tender him the booke. So I looked another way, as though I did not give eare to what he said; and then he bid me pull off my glove, and lay my hand upon the booke, What to doe Sir? said I. You must sweare said he. To what? That you Iust inquisition like.shall make true answer to all things that is asked you. Must I so Sir? But [6] before I sweare, I will know to what I must sweare. As soon as you have sworne, you shall, but not before: To that I answered. Sir, I am but a young man, and doe not well know what belongs to the nature of an Oath, and therefore before I sweare, I will be better advised. Saith he, how old are you? About twenty yeares old, I told him. You have received the Sacrament, have you not? Yes that I have. And you have heard the Ministers deliver Gods Word, have you not? Yes, I have heard Sermons. Well then, you know the holy Evangelist? Yes that I doe. But Sir, though I have received the Sacrament, and have heard Sermons, yet it doth not therefore follow that I am bound to take an Oath, which I doubt of the lawfulnesse of. Looke you here, said he; and with that he opened the booke, we desire you to sweare by no forraigne thing, but to sweare by the holy Evangelist. Sir, I doe not doubt or question that onely I question how lawfull it is for me to sweare to I do not know what. So some of the Clarks began to reason with me, and told me everyone tooke that Oath; and would I be wiser than all other men? I told them, it made no matter to me what other men doe; but before I sweare, I will know better grounds and reasons than other mens practises to convince mee of the lawfulnesse of such an Oath, to sweare I doe not know to what. So Mr. Goad bid them hold their peace, he was not to convince any mans conscience of the lawfulnesse of it, but onely to offer and tender it; Will you take it or no, saith he? Sir, I will be better advised first; with this there was such looking upon mee, and censuring me for a singular man, for the refusing of that which was never refused before: whereupon there was a Messenger sent to Sir Iohn Bankes, to certifie him, that I would not take the Star-Chamber Oath. And also to know of him what should be done with me. So I looked I should be committed close prisoner or worse. And about an houre after came Mr. Cockshey, Sir Iohns chiefe Clarke, what (said he) Mr. Lilburne, it seems you will not take your Oath, to make true answer? I told him, I would be better advised before I took such an Oath, Well then (saith he) you must This is the Divinitie of the Prelates and their Creatures.goe from whence you came and then I spoke merrily to my Keepers, and bid them, let us be gone, we have beene long enough here. Thus have I made a true Relation of that dayes worke.

But before I proceede, I desire to declare unto you, the Lords goodnesse manifested unto me in being my counsellour and director in my great straights. The Prelates intendment towards me was carried so close that I could not learne what they would doe with me, onely I supposed they would have mee into the Star-chamber, in regard I was removed by the Lords of the Counsell; and also tidings was brought unto me by some friends, what cruelty their Creatures did breath out against me, but I incouraged my selfe in my God, and did not feare what man could doe unto me, Esay 51, 12, 13, for I had the peace of a [7] good conscience within me, and the assurance of Gods love reconciled unto me in the precious blood of his Sonne JESVS CHRIST: which was as good as Shield and Buckler unto me, to keepe off all the assaults of my enemies, and I was, as it were, in a strong walled Towne, nothing dreading but lightly esteeming the cruelty of my Adversaries, for I knew God was my God, and would be with me, and inable me to undergoe whatsoever, by his permission they could inflict upon me, and to his praise I desire to speak it: I found his gracious goodnesse and loving kindnes so exceedingly made known unto me, that he enabled me to undergoe my captivity with contentednesse, joyfulnesse, and cherefulnesse: And also was pleased, according to his promise, to be a mouth unto me, whensoever I was brought before them, and gave me courage and boldnesse to speake unto them, his holy and blessed name be praised and magnified for it.

Vpon the Fryday next, after this, in the morning, one of the Officers of the Fleete came to my Chamber, and bid mee get up and make mee ready to goe to the Star-Chamber barre forthwith, I having no time to fit my selfe, made me ready in all haste to goe; (yet when I came there, the Lord according to his promise was pleased to be present with me by his speciall assistance, that I was inabled without any dantednesse of spirit, to speake unto that great and noble Assembly, as though they had beene but my equalls;) And being at the barre, Sir Iohn Bankes laid a verball accusation But there was never any Bill as there ought to have been. against me, which was, that I refused to answer, and also to enter my appearance, and that I refused to take the Star-Chamber Oath: and then was read the Affidavit of one Edmond Chillington, Buttonseller, made against Mr. Iohn Warton and my selfe; Who they forced by cruelty so to doe, having almost starved him in prison, and also removed him into severall prisons to torment him to make him bend to their bow.The summe of which was, that he and I had Printed at Rotterdam in Holland Dr. Bastwickes answer, and his Letany, and divers other scandalous Bookes. And then after I had obtained leave to speake, I said: My noble Lords, as for that Affidavit, it is a most false lie, and untruth. Well, said the Lord-keeper, why will you not answer? My Honorable Lord (said I) I have answered fully, before Sir Iohn Bankes to all things that belongs to me to answer unto, and for other things, which concerne other men, I have nothing to doe with them. But why doe you refuse to take the Star-Chamber Oath? Most Noble Lord, I refused upon this ground, because that when I was examined, though I had fully answered all things that belonged to me to answer unto, and had cleared my selfe of the thing for which I am imprisoned, which was for sending bookes out of Holland, yet that would not satisfie and give content, but other things was put unto me, concerning other men, to insnare me, and get further matter against me, which I perceiving refused, being not bound to answer to such things as doe not belong unto me; and withall I perceived the Oath to be an Oath of inquiry; and for the lawfulnesse of which Oath I have no warrant, and upon these grounds I did, and doe still refuse the [8] Oath: with this some of the Kings Counsell, and some of the Lords spoke, would I condemne and contradict the Lawes of the Land, There is no Law in this Land for warranting of this Oath. and be wiser than all other men to refuse that, which is the Oath of the Court, administred unto all that come there? Well, said my Lord-Keeper, render him the booke. I standing against the Prelate of Canterburies backe, he looked over his shoulder at me & bid me pull off my glove, and lay my hand upon the book. Unto whom I replied, Sir, I will not sweare; and then directing my speech unto the Lords, I said: Most Honorable and Noble Lords, with all reverence and submission unto your Honours, submitting my body unto your Lordships pleasure, and whatsoever you please to inflict upon it yet must I refuse the Oath. My Lords, said the Arch Prelate (in a deriding manner) doe you heare him, hee saith, with all reverence and submission he refuseth the This Prelate cannot lie. Oath. Well, come come (said my Lord Keeper) submit your selfe unto the Court. Most Noble Lords, with all willingnesse I submit my body unto your Honours pleasure, but for any other submission, most Honourable Lords, I am conscious unto my selfe, that I have done nothing, that doth deserve a convention before this illustrious Assembly and therefore for me to submit is to submit I doe not know wherefore. With that up stood the Earle of Dorset, and said: My Lords, this is one of their private spirits; Doe you heare him, how he stands in his owne justification? Well my Lords, said the great Prelate; this fellow (meaning me) hath been one of the notoriousest disperser of Libellous bookes that is in the Kingdome, and that is the Father of them all (pointing to old Mr. Wharton.) Then I replied, and said, Sir, I know you are not able to prove and to make that good which you have said. I have testimony of it, said he. Then said I produce them in the face of the open Court, that wee may see what they have to accuse me of; And I am ready here to answer for my selfe, and to make my just defence. With this he was silent But sat downe in a fury having no more to say. and said not one word more to me: and then they asked my fellow Souldiour old Mr. Wharton, whether he would take the Oath, which hee refused, and began to tell them of the Bishops cruelty towards him, and that they had had him in O cruell persecutors! five severall prisons within this two yeares, for refusing the Oath. And then there was silence, after which was read a long peece of businesse how the Court had proceeded against some that had harboured Jesuits and Seminary Priests (those Traitors) who refused to be examined upon Oath, and in regard that we refused likewise to be examined upon Oath, it was fit they said, that we should be proceeded against, as they were, so they were the president by which we were censured, though their cause and ours be much unlike, in regard theirs were little better than Treason; but our crime was so farre from Treason, that it was neither against the glory of God, the honour of the King, the Lawes of the Land, nor the good of the Commonwealth: but rather for the maintaining of the honour of them all, as [9] all those that read the bookes without partiall affections, and prejudicate hearts, can witnesse and declare, and if the bookes had had any Treason, or any thing against the Law of the Land in them, yet we were but subposedly guilty, for the things were never fully proved against us; indeed there was two Oathes read in court, which they said was sworne against us by one man but he was never brought face to face, and in both his Oathes he hath forsworne himselfe, as in many particulars thereof wee both are able to make good. In the conclusion, my Lord Keeper stood up and said, My Lords, I hold it fit, that they should be both for their contempt committed close prisoners till Tuesday next; and if they doe not conforme themselves betwixt this and then to take the Oath, and yeeld to be examined by Mr. Goad, then that they shall be brought hither againe, and censured, and made an Example; O brave Iustice. Unto which they all agreed; and so we were committed close prisoners, and no friends admitted to come unto us.

And upon Munday after we were had to Grayes Inne, and I being the first there, Mr. Goad said to me, according to the Lords Order upon Friday last, I have sent for you to tender the Oath unto you. Sir, I beseech you, let me heare the Lords Order. So he caused it to be read unto mee, and then tendered mee the Booke. Well Sir, said I, I am of the same minde I was, and withall I understand, that this Oath is one and the same with the High Commission Oath, which Oath I know to be both against the Law of God, and the Law of the Land; and therefore in briefe I dare not take the Oath, though I suffer death for the refusall of it. Well, said he, I did not send for you to dispute with you about the lawfulnesse of it, but onely according to my place to tender it unto you. Sir, I dare not take it, though I loose my life for the refusall of it. So he said, he had no more to say to me; and I tooke my leave of him and came away. And after that came the old Man, and it was tendered unto him, which he refused to take: (and as he hath told me) he declared unto him how the Bishops had him eight times in prison for the refusall of it, and he had suffered the Bishops mercilesse cruelty for many yeares together, and he would now never take it as long as he lived; and withall told him, that if there were a Cart ready at the doore to carry him to Tiburne, he would be hanged, before ever hee would take it. And this was that dayes businesse.

Upon the next morning about seven a clocke, we were had to the Star-Chamber-bar againe to receive our Censure; and stood at the Bar about two houres before Sir Iohn Bancks came; but at the last hee began his accusation against us, that we did still continue in our former stubbornenesse: and also there was another Affidavit of the foresaid Edmond Chillingtons read against us, the summe of which was that I had confessed to him that I had printed Dr. Bastwickes Answer to Sir Iohn Bancks his Information, and his Letany; and an other booke, called, An Answer unto certaine Objections; and another booke of his, called the Vanitie and Impiety [10] of the old Letany; and that I had divers other bookes of Dr. Bastwickes a Printing; and that Mr. Iohn Wharton had beene at the charges of Printing a booke called A breviate of the Bishops late proceedings; and an other booke, called Sixteene new Queries, and divers other factious bookes; and that one James Ouldam, a Turner in Westminster-Hall, had dispersed divers of these bookes. So it came to me to speake; and I said after this manner: Most Noble Lords, I beseech your Honours, that you would be pleased to give me leave to speake for my selfe, and to make my just defence; and I shall labour so to Order my speeches, as that I shall not give your Honours any just distaste; and withall shall doe it with as much brevitie as I can. So having obtained my desire, I began, and said, My Lords, it seemes there was divers bookes sent out of Holland, which came to the hands of one Edmond Chillinton, which made this affidavit against us: and as I understand, he delivered divers of these bookes unto one Iohn Chilliburne, servant to this old Man Mr. Wharton (I, said he, my Lords, and I had given him a strict charge, that he should not meddle with any,) and his Master being in Prison, he dispersed divers of them for the foresaid Chillingtons use, whereupon the bookes were taken in his Custody, and he being found dispersing of them, gos to one Smith, a Taylor in Bridewell (as I am informed) & desires him to get his peace made with the Bishops, whereupon he covenants with some of the Bishops Creatures, to betray me into their hands, being newly come out of Holland, which (as he said) did send over these bookes. So my Lords, he having purchased his owne libertie, layes the plot for betraying me, and I was taken by a Pursevant and foure others of his assistance, walking in the streets with the foresaid Iohn Chilliburne, who had laid and contrived the plot before (as I am able to make good) and the next morning I was committed by Sir Iohn Lamb to the Gate-house, (now my Lords, I doe protest before your Honours in the word of a Christian, that I did not send over these bookes, neither did J know the Ship that brought them, nor any that belongs to the ship, nor to my knowledge did never see with my eyes, either the ship or any that belongs unto it.

(But before I proceede with my Speech, I desire to digresse a little, in regard that Iohn Chilliburne doth yet stifly maintaine, that he did not betray me, nor laid the plot, and therefore I doe him wrong for accusing him, he saith. To which I answer, and say, in this, he is worse than Iudas himselfe; for after he had betrayed Christ, he came and confessed his sinne, and said, I have sinned in betraying the innocent blood; and this man hath betraied Christ in betraying me his member, for what is done to his servant he takes it as done to himselfe: but he is not so good as Iudas, who confessed his fault, but he hides and justifies his sinne, and therefore I will declare my Grounds and Demonstrations, whereupon I am sure he was the Judas: The first is thus, He and I appointed to meete one day upon the Exchange at two a clocke, unto which place I [11] came, and staid long for his comming, but hee came not: and I verily thinke, he sent two or three in his place, two of them being Arminians, living in Cornehill, which J my selfe knew, who passed againe and again by me, vewing very narrowly my apparell, visage and countenance, as J thinke for that end that they might know mee againe: and when J sat downe, they would passe by, and goe a little from me and sit downe and fix their eyes upon me, insomuch that J was afraid that J should there have been taken, which forced me to depart. And at our next meeting J told him of it, and how that (unlesse J had knowne him well) J should have beleeved he had betrayed me. Unto which hee gave me no satisfactory answer, but put it off, and said his libertie was as precious as mine; and if he should betray me, he must betray himselfe, and therefore J needed not to doubt any such thing: the Lord having blinded my eyes. J could not see into his treacherous heart, but tooke this for a currant answer, J knowing that he had had a deepe hand in the dispersing of bookes, and therefore J gave credite to that which he had said, as being a reall Truth, the Lord having a secret hand of providence in it. (J hope at the last for his glorie and my good) did so Order it, that I should not take notice, or perceive his perfidiousnesse, though I had an incling given me of it before by some friends, yet J could not beleeve it till the event manifested it, for that day J was taken, he hearing (by what meanes I doe not know) that I was to meete one at the Temple, and understanding that I had a desire to see his Master at his owne houre (being newly let out of prison) we came towards the Temple, and had some discourse there, in which he put me forward to goe see and speake with his Master, unto whom I declared, how fearefull I was to goe thither (in regard I heard they laid waite for me) least I should be taken; but he made all things cleare, and contrived a way, by meanes of which he said, I might without any feare goe speake with him. So we parted, and appointed to meete at the staires that goes from Bridewell to Black-Fryers. I came to the Staires, and stood a great while, but he came not, till I was a comming away; and I expecting him to come out of Bridewell, I having sent him in thither, to speake with one, unto whom I thinke he did not goe, but yet he told me, he was with him; but rather he went to Flamsted the Pursevant to get him in a readinesse, for he came to me from Flamsteds-houseward, downe from Black-Fryers, being a cleane contrary way to that I sent him. So we went towards his Masters house, and parted againe, and appointed to meet at Tantlins-Church; and when I came there, I saw one walking with him, which I verily beleeve was one of the five that tooke me; and when I came to him, I declared unto him that comming downe Soper-lane, I saw a fellow stand in a corner, very suspiciously, who looked very wishfully at me, and I at him; and therefore I desired [12] him to goe, and see who it was, and whether I might goe safely to his Masters or no. So he went, and came backe, and told me his Master was come to the doore, and I might goe without any danger, and as we went, I declared unto him my fearefulnesse, to goe to his Masters; and I told him, I would halfe draw my sword, that I might be in a readinesse; and he went before towards his Masters; and I doe verily thinke acquainted them how it was with me; and I going after him in the narrow Lane, I passed by two great fellowes suspecting nothing; and by and by they seazed upon my backe and shoulders, and cried out in the Kings Name for helpe, they had taken the Rogues Whartons men, and Iohn was the third man that seized upon me, laying fast hold of my left shoulder, and they three pulled my cloake crosse over my armes, that so, though I had my sword halfe drawne, yet by no meanes could I get it out; which if I had, and got my backe against the wall, I doe not doubt but I should have made them be willing to let me alone; for though they had fast hold of me, they quaked and trembled for feare, and though they were five or sixe, yet they cryed out for more helpe to assist them, I being but one, and when they all seased on me, then they called me by my name, and though we were in the darke, yet they knew my habit, that I was in as well as my selfe, and shewed me their warrant with my name in it I have beene forced of necessity to recite these things in regard of his dayly speeches against me, and his writing to me in justification of his innocency, though as you for all I have sent for him, hee would never come face to face: Tart Letters likewise I have received from Smith and Chillington, for speaking that which I have said in publique of them: and as for Smith, take notice what I said of him, and I here give my reasons for that I said, it is knowne that at the last time the bookes were taken at Mr. Whartons, part of them was not taken; which Iohn can not deny, but he carried them unto Smith, and what passed betwixt them, they themselves best knows but this is sure, Iohn was never troubled for the bookes, though hee was taken dispersing of them; and I am sure, his libertie was obtained by Smiths and Sam Bakers the Prelate of Londons Chaplaines meanes. Also Smith is not ignorant, but doth very well know that promise that Iohn made to Mr. Baker about twelve moneths agoe, to doe him speciall service about such things, which promise I doe verily beleeve he hath faithfully kept; for he hath confessed to his Master since the beginning of my trouble, that he hath used to carry to Baker all new bookes he could get, as soone as they came out, and how for the which he gave him money, but how much he best knowes.

Also, what free and familiar accesse Iohn hath had to him, and he and Iohn to Baker, and for those secrets which Iohn from time to time hath revealed to him and Baker, what they are I name not, but appeale to their owne consciences: for it is too manifest that hee is a darling both to [13] Smith and Baker, in regard they stand so stoutly for him as they doe; for Mr. Wharton, being not long since with Baker, he told him hee heard he was about to put away his Man Iohn, Yea (said he) what should I do with him else? Well (said he) if you doe it, and put him away, the Chamberlaine will make you take him againe. Will he so (said he) he can not doe it, for he is a Iudas, and a Theefe, for he hath stolne money from me, and I can prove it said the Old Man; and therefore he can not make me take him againe. Baker could not well tell what to say to it; but yet did perswade him to keepe him.

This the Old man told me himselfe, it seemes they have kept him at his Masters, as a private and secret servant for their owne turnes above this fourteene Moneths, and they would still, if they could keepe him there. But what secret mischiefe hee hath done by his so frequent resorting to Baker and Smith, is not yet fully knowne, but I hope it will come out by degrees: Therefore, let all that heares of it take notice of it, and let some of those that were in the information with the three Worthies, cast back their eyes and see if they can finde and spie out who was their Originall Accuser and Betrayer. These things may be worth the making knowne, though I may incurre hatred and spite from them for it, yet I weigh not that, for I have not declared these things out of any revenge, for I commit that unto God.

And for that wrong they have done unto mee, I freely forgive them; and if any of them belong to God, I pray him to call them home unto him. But these things I have set downe, being forced thereunto for vindicating my good name from their bitter reproaches and calumniations, and all you that read this, judge and censure what I have said. But now after my Digression I will returne againe to our former matter.

And being at the Gatehouse I was removed by (sixe of your Honours) to the Fleete, at which time the said Chillington was removed from Bridewell to Newgate, and being kept And almost starved. close there: then he by their threats and perswasions and the procuring of his owne liberty, goes and accuses me for printing ten or twelve thousand Bookes in Holland. And at my Examination before Sir Iohn Bankes I cleared my selfe of that, and upon Fryday last he made an Affidavit against me, in which hee hath most falsly forsworne himselfe, and today he hath made another, which is also a most false untruth: And withall my Lords, he is knowne to be a notorious lying fellow, and hath accused mee for the purchasing of his owne liberty, which he hath got. And therefore, I beseech your Honours, to take into your serious consideration, and see whether I am to be censured upon such a fellowes Affidavits or no. Then said the Lord Keeper, thou art a mad fellow, seeing things are thus, that thou wilt not take thine Oath, and answer truely. My Honourable Lord, I have declared unto you the reall Truth, but for the Oath, it is an Oath of Inquiry, and [14] of the same nature of the High-Commission-Oath; Which Oath I know to be unlawfull; and withall, I finde no warrant in the Word of God, for an Oath of Inquiry, and it ought to be the director of mee in all things that I doe, and therefore my Lords at no hand, I dare not take the Oath (when I named the Word of God, the Court began to laugh, as though they had had nothing to doe with it) my Lords (said Mr. Goad) he told me yesterday, he durst not take the Oath, though he suffered death for the refusall of it. And with that my Lord Privy Seal spoke: Will you (said he) take your Oath, that that which you have said is true? My Lord (said I) I am but a young Man, and doe not well know what belongs to the nature of an Oath (but that which I have said is a reall truth) but thus much by Gods appointment, I know an Oath ought to be the end of all controversie and strife, Heb. 6. 16. And if it might be so in this my present cause, I would safely take my Oath, that what I have said is true. So, they spoke to the Old man my fellow partner, and asked him whether he would take the Oath. So he desired them to give him leave to speake; and he begun to thunder it out against the Bishops, and told them they required three Oathes of the Kings Subjects; namely, the Oath of Churchwardenship, and the Oath of Canonicall Obedience, and the Oath Ex Officio; Which (said he) are all against the Law of the Land, and by which they deceive and perjure thousands of the Kings Subjects in a yeare, And withall, my Lords, (said he) there is a Maxime in Divinity, that we should prefer the glory of God, the good of our King and Country, before our owne lives: but the Lords wondering to heare the Old Man begin to talke after this manner, commanded him to hold his peace, and to answer them, whether he would take the Oath or no? To which he replied, and desired them to let him talke a little, and he would tell them by and by. At which all the Court burst out of a laughing; but they would not let him goe on, but commanded silence, which if they would have let him proceed, he would so have peppered the Bishops, as they were never in their lives in an open Court of Iudicature. So they asked us againe, whether we would take the Oath? which we both againe refused; and withall I told them, that for the reasons before I durst not take it. Then they said, they would proceed to Censure. I bid them doe as they pleased, for I knew my selfe innocent of the thing for which I was imprisoned and accused; but yet notwithstanding did submit my body to their Honours pleasure. So they censured us 500 pound a peece; and then stood up Judge Joans, and said: It was fit that I being a young man for example sake, should have some corporall So my youth was the cause of my whipping by Iudge Jones his Law. punishment inflicted upon me. So my Censure was to be whipt, but neither time nor place allotted. And for the Old Man, in regard of his age, being 85. yeares old, they would spare his corporall punishment, though (said they) hee deserves it as well as the other (meaning me) [15] yet he should stand upon the Pillory; but I could not understand or perceive by Censure, that I was to stand upon the Pillory. So we tooke our leaves of them. And when I came from the Bar, I spoke in an audible voice, and said: My Lords, I beseech God to blesse your Honours, and to discover and make knowne unto you the wickednesse and cruelty of the Prelates.

So here is an end of my publike proceedings, as yet, which I have had since I came into my troubles, the Lord sanctifie them unto me, and make me the better by them, and put an end to them in his due time, and make way for my deliverance, as I hope he will.

After our Censure we had the libertie of the prison for a few dayes; but the Old Man, my fellow partner, went to the Warden of the Fleete; and told him the summe of that which he intended in the Star-Chamber, to have spoken against the Bishops, if the Lords would have let him; So he told the Warden, how the Bishops were the greatest Tyrants that ever were since Adams Creation; and that they were more crueller than the Cannibals, those Men-eaters, for (said he) they presently devoured men, and put an end to their paine, but the Bishops doe it by degrees, and are many yeares in exercising their cruelty and tyranny upon those that stand out against them; and therefore are worse than the very Canibals; (and in this he saith very true) for the Holy Ghost saith: They that be slaine with the Sword, are better than they that be slaine with Hunger; and he gives the reason of it: For those pine away, striken through, for want of the fruit of the field, Lamen 4. 9. Whereas those that are slaine out-right, are soone out of their paine.) and said he, they have persecuted mee about forty yeares, and cast mee into eight severall Prisons, and all to undoe me, and waste my estate, that so I might not be worth a penny to buy me meate, but starve in prison, for want of food, and yet were never able to lay any thing to my charge, that I had done either against Gods Law, or the Law of the land, and (said he) they are the wickedest men that are in the Kingdome; and I can prove them (saith he) to be enemies of God, and of the Lord Iesus Christ, and of the King and Common-wealth; Or else I will be willing to loose my life; and also told him that they did thrust the Lord Jesus Christ out of his Priestly, Propheticall and Kingly Offices, and hath set up a willworship of their own invention, contrary to the Holy Scriptures; and that they led by their wicked practises the greater halfe of the Kingdome to Hell with them; and that they rob the King of a million of money in a yeare, and the subjects of as much by their powling, sinfull wicked Courts; and that their living by which they lived was got by Very sa∣table to their constant practise. lying and cozning of poore ignorant Children; for (said he) the Pope and the Priest did promise the Children of deceased Parents, if they would give so much to the Church, they would pray their Parents out of Purgatory, and so cozened them of their estates; & (said he) by such dissemblings and [16] cozening wayes and meanes as this, were their livings at the first raised. Yea, but Sir, (saith the Warden) what is that to them, that was in time of Popery? Yea, but Sir, (said he) their livings hath continued ever since, and they live still to this day upon the sweetnesse and fatnesse of them.

This and much more he then told the Warden, as Mr. Wharton himselfe since then hath told me. And there being a Papist with foure or five more in the roome, the Warden said; Papist come hither, and heare what the Old Man saith. So it came to the Lords of the Counsels eares, whereupon we were the next Munday after brought both together and locked upclose prisoners in one Chamber, without any Order or Warrant at all, but only Warden INGRAMS bare Command and Pleasure; But the Old Man, about three weekes after, made a Petition to the Lords of the Counsell, that he might have some liberty, and being very weake, more likely to dye than to live, hee had his libertie granted till the Tearme; but I doe still remain close Prisoner; but for my own part, I am as cheerefull and merry, and as well contented with my present condition (in regard I see the over-ruling hand of my good God in it) as ever I was with any condition in my life. I blesse his holy name for it, for in all my troubles I have had such sweete and comfortable refreshings from my God, that though my imprisonment, and those straights that I have beene in, might seeme to the World, to be a great and heavy burthen, yet to me it hath beene a happy condition, and a cause of exceeding joy and rejoycing.

From the Fleete, the place of my joy and rejoycing the 12 of March 1637

By me JOHN LILBURNE.

Being close Imprisoned by James Ingram the Warden of the Fleete, who locked me up within few dayes after my Sentence, untill the day of my suffering, and would never suffer me to walke in the Prison yard with a Keeper, though I often sent to him, and desired it of him, but told me all was little enough, because I was so refractory.

By me JOHN LILBVRNE.

FINIS.

[2] Psa. 27 1, 2, 3, & 3, 6, & 118. 6. Jsa. 51. 12

[3] Jsa. 18. 2, & 31. 3, & 28, 7. 8.

[4] Psa. 33 & 119, 5. 7. Ioh. 20. Revel. 1. 5

[5] Psal. 37. 7.

[6] Jsa. 41. 10. 13. 14 & 40. 31

[7] Revil. 2. 13, & 3. 8. Psal. 119. 167. 168.

[8] Psal. 116. 8.

[9] Goodwins Catol. of Bb. Dr. Bast. Bastwicks answer to the information: the 2, & third parts of his Letany

[10] Revel. 12. 7, & 14. 4, & 15. 3, & 20. 4.

[11] Revil. 18. 4.

[12] Psal. 2

[13] 1. Cor. 7. 9. 30. 31, & Ich. 2. 15. 16.

[14] Matth. 10. 37. 38. 39.

[15] Mark. 13. 13. Joh. 15. 9, & 16. 2. 3

[16] loh, 14. 16, 17, 18, 27, & 16. 33.

[17] Psul. 37. 16.

[18] Psal. 119. 67. 71, 75.

[19] Mat. 19. 21, 22, 23, & 16. 24, 25. Luke, 14, 26, 27.

[20] Mat. 10, 23. Luke. 12, 8, 9.

[21] Jsa. 5, 2. 1 1. 1 Cor. 6. 17. Revel. 14

[22] Revel. 14, 9, 10, 11 & 17, 8, & 19, 20.

[23] Heb. 6 1. 10. 1, 7. Rev. 1, 5.

[24] Rom. 3. 37.

[25] Rev. 19. 1. 4.

[26] Psa. 34 1, 2, 3, 4, & 10 3, 1, 2

[27] Psal. 119, 141.

[28] Jsa. 4, 1, 3, & 26, 4, 5.

[29] Psal. 27, 13.

[30] Psal. 31, 5, & 119, 94.

[31] Psal. 119, 10, & 66, 34.

[32] 119, 112, 118, 157.

[33] Philip. 1, 6.

The PREAMBLE, to all the Free-borne Peoiple of ENGLAND.

BRethren and Fellow-Commons; God and the world knowes, that the well-affected party of this Kingdome (discerned by their voluntary aide to the Parliament) having tryed all possible and fair means, as much as any People for number and power of any Kingdom or Nation ever did, by Prayers, Assistance, Concurrence, Attendance, Petitions, Oblations, Informa∣tions, and Discoveries, as well of Treasons, as of utter desolations, and per∣ceiving themselves now at last to be in a far worse condition, both in num∣ber and power (their Lives and Estates, yea and precious time also being so far spent) then they were at the first; and besides, like to loose all, and scarce∣ly to have (or leave) so much as their Lives, Lawes, or Liberties for a prey.

And seeing, by manifold examples of grievous experience, that neither Pe∣titions can be easily accepted, justice truely administred, the Presses equally opened, the cryes of the poor heard, the teares of the oppressed considered, the sighes of the Prisoners regarded, the miseries of the widow and Father∣lesse pittyed, nor scarcely any that are in distresse relieved but Lawes any way wrested, most of our freedoms restrained, Ordinances, Protestations, Oathes, and Covenants slighted, the hearts of all Estates, King, Parliament, Priest and People obdured, the wicked for the most part absolved, the just often∣times condemned, and most of all in Authority perjured, not only by brea∣king that solemne Oath, which themselves did make, and compelling others to take, but neverthelesse, by persecuting those who make Conscience to keep it, even because they will not break it. In deep, sad, serious, and lamentable consideration of all these grievous proceedings, and as much by feeling the smart, as hearing, seeing or knowing the verity thereof, chiefly the Opressi∣ons, taxations, Insurrections, Rebellions, Presecutions, Violences, Robbeies, Sequestrations, and Combustions, I with my poor one Talent, in stead of him that hath Ten, out of a dutifull and consciencious love, tender and pittifull respect to my Nation, now in this her great defection, and apparent desola∣tion, chiefly for the remnant thereof (who mourn in secret, both for her great abominations, sins, desolations, and their own particular transgressions, and who doubtlesse are marked to escape the fury of Gods fearfull indignation;)

Have used my best endeavours here, both to shew the maladies and reme∣dies of this sick, swouning, bleeding, and dying Nation, that if God hath not ordained it, like Babell, to sudden, inevitable and utter destruction, it may yet be cured, and a remnant reserved, according to the Lords usuall dealing in all his visitations, remembring his tender compassions and mercy, even in the midst of his most fearfull judgements and severitie, that in despight of Sathan and all his instruments, they may doe justice and judgement, and praise him in sincerity.

Farewell.

[1]

In the 150. page of the Booke called, An exact Collection of the Parliaments Remonstrances, Declarations, &c. published by speciall Order of the House of Commons, March 24. 1642. we find there a Question answered, fit for all men to take notice of in these sad times; which followeth.

Quest. NOw in our extreame distractions, when forraigne forces threaten, and probably are invited, and a malignant and Popish party at home offended, The Devill hath cast a bone and rais’d a Contestation between the KING and PARLIAMENT touching the MILITIA. His Majestie claims the disposing of it to be in Him by the right of Law; The Parliament saith, Rebus sic stantibus, and nolenti Rege, the Ordering of it is in them?

Ans. WHich Question, may receive its solution by this distinction. That there is in Laws an equitable, and a literall sense. His Majestie (let it be granted) is intrusted by Law with the Militia, but it is for the good and preservation of the Republick, against Forraign Invasions or domestick Rebellions. For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves, or the Common-wealth, that intrusts them to provide for their weal, not for their woe. So that when there is certaine [2] appearance or grounded suspition, that the Letter of the Law shall be improved against the equitie of it (that is, the publick good, whether of the body reall or representative) then the Commander going against its equity, gives liberty to the Commanded to refuse obedience to the Letter: for the Law taken abstract from is originall reason and end, is made a shell without a kernell, a shadow without a substance and a body without a soul. It is the execution of Laws according to their equity and reason, which (as I may say) is the spirit that gives life to Authority the Letter kills.

Nor need this equity be expressed in the Law, being so naturally implyed and supposed in all Laws that are not meerly Imperiall, from that Analogie which all bodies Politick hold with the Naturall; whence all Government and Governours borrow a proportionable respect; And therefore when the Militia of an Army is committed to the Generall, it is not with any expresse condition, that he shall not turn the mouthes of his Cannons against his own Souldiers, for that is so naturally and necessarily implyed, that its needlesse to be expressed, insomuch as if he did attempt or command such a thing against the nature of his trust and place, it did ipso facto estate the Army in a right of Disobedience, except we think that obedience binds Men to cut their owne throats, or at least their companions.

And indeed if this distinction be not allowed, then the legall and mixt Monarchy is the greatest Tyranny; for if Laws invest the King in an absolute power, and the Letter be not controlled by the equity, then whereas other Kings that are absolute Monarchs, and rule by Will and not by Law are Tyrants perforce. Those that rule by Law, and not by Will, have hereby a Tyranny confer’d upon them legal’y, and so the very end of Laws, which is to give bounds and limits to the exorbitant wills of Princes, is by the laws themselves disappointed, for they hereby give corroboration (and much more justification) to an arbitrary Tyranny by making it legall, not assumed; which Laws are ordained to crosse, not countenance: and therefore is the Letter (where it seems absolute) alwayes to receive qualification from the equity, else the foresaid absurdity must follow. So farre the Parliaments own words.

It is confessed by all rationall men, that the Parliament hath a power to annull a Law, and to make a new Law, and to declare a Law, [3] but known Laws in force & unrepealed by them, are a Rule (so long as they so remain) for all the Commons of England whereby to walk; and upon rationall grounds is conceived to be binding to the very Parliament themselves as well as others. And though by their legislative power they have Authority to make new Laws, yet no free-man of England is to take notice (or can he) of what they intend till they declare it: neither can they, as is conceived, justly punish any man for walking closely to the knowne and declared Law, though it crosse some pretended Priviledge of theirs, remaining onely in their own breasts.

For where there is no Law declared, there can be no transgression; therefore it is very requisite, that the Parliament would declare their Priviledges to the whole Commons of England, that so no man may through ignorance (by the Parliaments default) run causelesly into the hazard of the losse of their lives, liberties, or estates: for here it is acknowledged by themselves, that their Power is limited by those that betrust them; and that they are not to doe what they list, but what they ought, namely to provide for the peoples weal, and not for their woe: so that unknown Priviledges are as dangerous, as unlimited Prerogatives, being both of them secret snares, especially for the best affected people.

It is the greatest hazard and danger that can be run unto, to disart the onely known and declared Rule; the laying aside whereof brings in nothing but Will and Power, lust and strength, and so the strongest to carry all away; for it is the known, established, declared, and unrepealed Law, that tells all the Free-men of England, that the Knights & Burgesses chosen according to Law, and sent to make up the Parliament, are those that all the Commons of England (who send and choose them) are to obey.

But take away this declared Law: and where will you find the rule of Obedience? and if there be no rule of Obedience, then it must necessarily follow, that if a greater and stronger number come to a Parliament sitting, and tell them that they are more and stronger then themselves, and therefore they shall not make Laws for them, but they will rather make Laws for them, must they not needs give place? undoubtedly they must.

Yea, take away the declared, unrepealed Law, and then where is Meum & Tuum, and Libertie, and Propertie? But you will say, the [4] Law declared, binds the People, but is no rule for a Parliament sitting, who are not to walke by a knowne Law. It is answered: It cannot be imagined that ever the People would be so sottish, as to give such a Power to those whom they choose for their Servants; for this were to give them a Power to provide for their woe, but not for their weal, which is contrary to their own foregoing Maxime; therefore doubtlesse that man is upon the most solid and firm ground, that hath both the Letter and equity of a known, declared, and unrepealed Law on his side, though his practise doe crosse some pretended Priviledge of Parliament.

And whereas by an Act made this present Parliament, Anno 17. Caroli Regis, intituled,

An Act for Regulating of the Privie Counsell, and for taking away the Court, commonly called, The Star-Chamber.

It is there declared, That the Proceedings, Censures and Decrees of the Star-Chamber, have by experience been found to be an intollerable burthen to the Subject, and the means to introduce an Arbitrary Power and Government, and that the Councell-Table have adventured to determin of the Estates, and Liberties of the Subject, contrary to the Law of the Land, and the Rights and Priviledges of the Subject. Which Laws are there recited, as first Magna Carta, and the 5. Ed. 3. 9. and 25. Ed. 3. 4. and 28. Ed. 3. 3. the last of which saith, That it is accorded, assented, and established, that none shall be taken by Petition, or suggestion made to the King or His Councell, unlesse it be by Indictment, or presentment of 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, and that none be put out of his franchise or Free-hold, unlesse he be duly brought in, to answer, and fore-judged of the same by the course of the Law; and by another Statute made in the 42. Ed. 3. 3. it is there inacted, That no man be put to answer without presentment before Justices, or matter of Record, or by due Processe and Writ originall, according to the old Law of the Land.

Therefore for the Subiects good and welfare in future time, it is Inacted, That from henceforth no Court, Councell, or place of Judicature shall be erected, ordained, constituted, or appointed within this Realme of England, or dominion of Wales, which shall have, use, [5] or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber; that then whosoever shall offend, or doe any thing contrary to the purport, true intent and meaning of this Law, then he or they shall for such offence, forfeit the Sum of five hundred pounds of Lawfull money of England, unto any party grieved, his Executors or Administrators, who shall really prosecute the same, and first obtaine judgement thereupon, to be recorded in any Court of Record at Westminster by Action of debt, Bill, Plaint or Information, wherein no Essoine, Protection, wager of Law, aid, Prayer, Priveledge, Injunction, or Order of Restraint shall be in any wayes prayed, granted, or allowed, nor any more then one imparlance, &c. And the Petition of Right, which may be said to be more then a bare Law (for it is a Declaration of the equity, true intent and meaning of Magna Carta,) and other the good Laws of the Land, which provides for the peoples freedome (and binds all, as well the trusted, as those that trust) as appeares in the Parliaments, Prayer to the King, which is, That no Free-man hereafter be used contrary to what is before expressed &c. which they say is the Rights and liberties of the Free-men of England, unto which the King answeres, Let Right be done according to the Lawes and Customes of the Realme; But this Answer admitting still a Dispute what was the true intent and meaning of the Lawes and Customes of the Realm.

They Petition the King again to give a more full & satisfactory answer, which he doth, and saith, Let Right be done, as in the Petition is desired; and amongst other things there expressed, it is declared to be contrary to law, to imprison a man without cause shewed or expressed, and also that it is contrary to Law, to force a man to answer to Questions concerning himself, or for refusall, to commit him to prison. So far their own words: And therefore it were well that both Parliament-Committees, and all County-Committees, and other Magistrates in this Kingdom would compound with all those honest and Free-men that they have at their own Wills unjustly committed to Prison contrary to the true meaning of this Law, before by the sentence of the Law they be forced to pay 500l. to every man they have so unjustly Imprisoned.

From the equity and letter of which Lawes, it is desired that our learned Lawyers would Answer these insuing QUERIES.

[5]

1. Whether the Letter and equity of this Law doe not binde the very Parliament themselves, during the time of their sitting, in the like cases here expressed, to the same Rules here laid downe? Which if it should be denied, Then

2. Whether the Parliament it self, when it is sitting, be not bound to the observation of the Letter and equity of this Law, when they have to doe with Free-men, that in all their actions and expressions have declared faithfulnesse to the Common-wealth? And if this be denied; Then

3. Whether ever God made any man law-lesse? Or whether ever the Common-wealth, when they choose the Parliament, gave them a lawlesse unlimmitted Power, and at their pleasure to walke contrary to their own Laws and Ordinances before they have repealed them?

4. Whether it be according to Law, Justice, or Equity, for the Parliament to Imprison or punish a man for doing what they command him, and by Oath injoyne him?

5. Whether it be legall, just or equall, that when Free-men doe endeavour according to their duty, Oath, and Protestation, to give in Information to the Parliament of Treason acted and done by Sir John Lenthall, against the State and Kingdome, and long since communicated to several Members of the House of Commons, but by them concealed and smothered; and now by Gods Providence brought upon the stage againe, and during the time that Inquisition is made of it before the Committee of Examination, before any legall charge be fixed upon Sir John Lenthall, or be required to make any Answer or Defence, that he shall be present to out-fare; discourage, and abuse the Informers and Witnesses in the face of the Committee, without any check or controll from them?

And sometimes, while they are sitting about the Examination of his Treason, that he, shall sit down beside them with his hat on, as if he were one of them, and that he shall injoy from the Committee ten times more favour and respect, then the just, honest, and legall Informers against him; who by some of the Committees themselves, while they are sitting, are threatned, jeared, nick-named, and otherwayes most shamefully abused.

Yea, and the friends of the Informers for the State are kept without doores, and the friends of the accused admitted to come in alwayes without controll, and during the Examination of the Information, that the Committee shall refuse to remove the Informers out of Sir John Lenthalls custody of Kings-bench, to another Prison, although they have been [7] truly informed, that he hath set Instruments on work to murther them, and also importuned to remove them.

6. Whether it be not most agrceable to Law; Justice and Equity, that seeing Sir John Lenthall, having so many friends in the House concerned in the businesse, that he should not rather be tried by the same Councell of Warre in London where Sir John Hotham and his Sonne were, then at the Parliament, his principall crime being against the Law Marshall as theirs was?

7. Whether to answer to an Indictment, when a man is demanded Guilty or not Guilty, be not to a criminall Interrogatory concerning a mans selfe, and so a man not by law bound to Answer to it, especially seeing to a consciencious man, who dare not lie, it is a great snare, who if he be indicted of a thing he hath done or spoken, dare not plead, Not Guilty, for feare of lying, and if he plead guilty, he shall become a self-destroyer (contrary to the law of Nature, which teacheth a man to preserve, but not destroy himself) in declaring that which peradventure all his Adversaries would never be able to prove against him. And

Whether it be not more suitable and agreeable to the true intent of Magna Carta (expressed in the 28 Chap. thereof) where it is said, No Bailiffe from henceforth shall put any man to his open Law, nor to an Oath upon his owne bare saying, without faithfull Witnesses brought in for the same, and to the true intent and meaning of the Petition of Right, and the Act made this present Parliament for the abolishing the Star-Chamber, &c.

For a free-man to have a charge laid against him, and his Adversaries brought face to face to prove it, and then the Accused to have liberty to make the best defence for himself he can, which was the practise amongst the very Heathen Romans, who had no light but the light of Nature to guide them, Act. 25. 16.

Yea, Christ himself when his enemies endeavoured to catch him by Interrogatories, he puts them off, without an Answer. Luke 22. 67, 68. 70. Chap. 23. 3.

Yea, when the High Priest asked him about his Disciples, and his Doctrine. He answers, Hee ever taught of only, and therefore saith he, Why aske ye me? aske them that heard me for they know what I said, John 1820, 21.

Hence justly it is conceived, that the Parliament may not condemne that man for contemning their Authoritie, who refuseth to [8] answer to Interrogatories before them (the supreame Court,) who answereth to Interrogatories in the like case before an inferiour Court, but you will say, it is the usuall practise of the COMMON-LAW, the Question is, whether that practise be just or no? or whether any Law in practise in the KINGDOME of England doth binde the Free-men thereof, but what is made and declared by Common Consent in Parliament? and whether or no is there, or ought there not to be a plaine platforme agreed on, and laid down by the Parliament concerning things of so high consequence to all the Commons of England? and seeing the Parliament hath taken care that the Bible shall be in English, that so Laymen (as they call them) may read it as well as the Clergy, ought they not also to be as carefull, that all the binding Lawes in England be in English likewise, that so every Free-man may reade it as well as Lawyers (seeing they have Lives, Liberties and Estates as well as the other) and peaceably enjoy them no longer then they continue in the observation of the Laws of this Kingdom; whereof they are Members: and seeing the Lawyers are so full of broyles and contentions, and grow so rich and great thereby; have not the people cause to beleeve they drive on an Interest of their owne, distructrive to the Peoples well-fare; yea juggle, and put false glosses upon the Law (meerly) for their own ends. Seeing so great a part of it is in an unknown tongue, (which the Commons call Pedlers-french, or Heathen-Greeke,) even as our State Clergy did in the daies of old, before the Scripture was tollerated to be in English, in which dayes they could easily make the poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules, which the Lawyers have given the Commons just cause to fear, is their present practise with law Cases; many of which are besides the Rule of the Statute-law, and also against Justice, Equity and Conscience, tending to no other end, but to inslave the People?

8. Whether it be not just and equall, that seeing Monopolisers were thrown out of the House about Foure yeeres agoe, as infringers upon the Common right of all the free-men of England, in setting up Pattents of Soape, Salt, Lether, &c. why should not those be partakers of the same justice now, that have been chief sticklers in setting up greater Patentees then ever the former were?

As first the Patent of ingrossing the Preaching of the Word only [9] to such men as weare Black and rough garments to deceive, Zech. 13 4. and have had a Cannonicall Ordination from the Bishops, and so from the Pope, and consequently from the Divell, although the Spirit of God doth command every man that hath received a gift, to minister the same one to another, as good Stewards of the manifold grace of God, 1 Pet. 4. 10, 11.

And although ignorance and blindnesse be so universall all over the Kingdome, experience teaching, that where that most abounds they draw their swords soonest against the Parliament and Common-wealth (and so consequently against themselves, and continue the longest in their Rebellion, as now wee have woefall experience, yet these grand Monopolizers will neither goe amongst them themselves, nor suffer others without severe punishment to instruct and teach them the Principles of Christianity, or Morallity, by means of which they become destroyers and murderers of soules and bodies, and enemies to the very Civill societies of Mankind.

The second Monopoly is the Patent of Merchant Adventurers, who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands, the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade, especially that of Cloath, & other woollen manufactures ingrossed at present contrary to the law of Nature, the law of Nations, and the lawes of this Kingdome, by a company of private men, who stile themselves Merchant Adventurers, the first part of which Discourse (the second being not yet come out) are to be sold by Stephen Bowtell in Popes-head-Alley. Wool being the stapell Commoditie of the Kingdome, and freee by the lawes and Constitutions of the land, for all the Free-men of England to trade in. 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England, that whosoever gives it from them, and by any pretended Patent or Authority whatsoever, assumes it to themselves, are as culpable of the greatest of punishments whatsoever, as those that are guilty of Robbing the Free-men of England, of their birth-right and Inheritance, and yet the present Farmors of the Custome House, and their Associates are guilty of this capital crime, for if Naboath would not part with his Vineyard (which was his Inheritance), to the King, although he would have given him as much money as it [10] was worth, or a better for it, 1 King. 21. 2. there is no reason why the free men of England should have so great a part of their Birth-right, as this is, taken from them by force and violence, whether they will or no, as their multitude of Petitions to the Parliament yet unanswered, doe declare.

The third Monopoly, is that insufferable, unjust and tyrannical Monopoly of Printing, whereby a great company of the very same Malignant follows that Canterbury and his Malignant party engaged in their Arbitrary Designes, against both the Peoples and Parliaments just Priviledges (who turning with every winde, doe endeavour by all possible means, as well now as then, to sell and betray the Kingdome for their own gaine,) are invested with an Arbitrary unlimmitted Power, even by a generall Ordinance of Parliament, to print, divulge and disperse whatsoever Books, Pamphlets and Libells they please, though they be full of Lyes, and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles.

And not only so, but most violently (even now in Parliament time, which should be like a cryed Faire, and each one free to make the best use of their Ware, both for the publick, and their own private good) to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation, and to brand and traduce all such Writers and Writings with the odious termes of Sedition, Conspiracie and Treason, but to countenance and authorize such as shall calumniate them, and so both accept & reward such men far better then their most faithfull servants and best advancers, just as the Bishops formerly did against both the Scots, and the Parliament themselves.

They doe not rest here neither, but are yet further authorized with a generall Ordinance of this very Parliament, contrary to all law, justice, equity and reason, under pretence of searching for scandalous Books, to call numbers of deboyst men with Smiths and Constables, yea and the trained Bands also (when they please) to assist them, and in most bold and tumultuous manner to break open and rifle even the Parliaments owne (in all their greatest dangers, troubles & distresses) most faithfull friends Houses, Chests, Truncks and Drawers; and from thence to rob, steale, and felloniously to carry away such of the Possessors proper goods, choice Linnens, and best things, as they please, as well as Books new and old, after they [11] have put the owners themselves out of doores, and commanded Constables to carry them before a Committee, and from thence to Prison.

Where they may without any consideration rott, if they will not either betray both a good Cause, and some other of the Parliaments best friends, when they had few others, or else submit to their unjust lawes; besides, it is a common thing for such lawlesse men to breake in, and search honest mens shops, when neither the owners nor any of theirs are present to see what businesse they have there.

And yet as unjustly as all the rest, they doe not onely allow the weekly printing, divulging and dispersing of Oxford Aulicus, and other Malignant Books and Pamphlets, tending to the ruine both of the Kingdome and Parliaments Priviledges, but likewise the sending of Printing matterialls to the King, whereby to Print down both Power of Parliament, and freedome of People.

All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company, as was openly proved to their faces at their publick Hall; who therefore like wise men perceiving the Plague afarre off, would not goe on still and be punished, but most cunningly, both to hide themselves, and their treachery against the well-affected party, and divide their spoile, so unjustly obtained by lying in waite for blood, they have now procured by this their good service to the Parliament (as they did to the Bishops) the forme or power of a Stationer-Committee in London among themselves, that they may henceforth without either Censure or Resistance of Higher Powers, both absolve the wicked, and condemne the just, and so doe whatsoever they list.

The next Monopoly, it is to be feared will be upon Bread and Beere, for as justly may there be a Monopoly upon them; as upon the former.

Oh Englishmen! Where is your freedoms? and what is become of your Liberties and Priviledges that you have been fighting for all this while, to the large expence of your Bloods, and Estates, which was hoped would have procured your liberties and freedomes? but rather, as some great ones Order it, ties you faster in bondage and slavery, then before; therefore look about you betimes, before it be too late, and give not occasion to your Children yet unborne to [12] curse you, for making them slaves by your covetousnesse, cowardly basenesse, and faint-heartednesse; therefore up as one man, and in a just and legall way call those to account, that endeavour to destroy you, and betray your Liberties and Freedomes.

9. Whether it be not more agreeable to Equitie, Law, Justice, and Conscience, that the badge of a Malignant, or a man uncapable of bearing Office in the Common-wealth, or being chosen to sit in Parliament, as one to make Laws, should not rather be, for being disaffected to common Freedome, and having either in purse or person declared his disaffection thereunto, in any ways assisting the Common enemy, who hath drawne his sword, to destroy the freedome of the Common-wealth, which by the Law of this Land is granted unto the Free People thereof, (by means of which all such have disfranchised themselves) then for refusing out of Conscience to take the Nationall Covenant?

Which was first ordained to beget Unity between the Nations, but as sad experience teacheth, in its effects produceth nothing lesse amongst us, setting us at as bitter a Warre and contestation amongst our selves, (almost as wee have with our professed enemies) who before this unhappy make-baite came amongst us, were knit together in love and affection as one man against the common enemies of our Liberties, Peace and safety, and had no upbraiding one another with being a Covenanter, or an Anti-Covenanter, which breeds constant heart-burnings amongst us, and which if it be not by some wise, moderate and discreet means prevented, is likely to burst out into a dangerous flame in the midst of us, so that our being knit faster to God, and each to other by a band of Unity, is hereby frustrated.

Secondly, the Preamble of the Covenant it selfe saith, that the taking of it is not the chiefe part of it, but the keeping of it, the benefits of it being sure and stedfast to us, when wee are sure and stedfast in the Observation of the things Covenanted: so that if there be not the Observation of them, the ends and intention of it is voide and frustrate; but it is observed that many of those that authorised it, and first took it, within a little after, runne both out of the House of Peeres and Commons to the King to Oxford, and drew their swords against it, to destroy it, and so became wilfully perjured, and the most part of the rest that still remaine, have been very [13] active in setting up things quite contrary to the true and declared intent and meaning of the Covenant.

As first, it tyes all those that take it without respect of persons, to indeavour the extirpation of Popery, but contrary hereunto, there is an Ordinance lately made for the strict payment of Tythes, to the Clergy, for their maintenance, although it be one of the greatest branches of Popery that ever was established in Rome, the taking away of which in any place where Popery is professed, is a more direct way to root up Popery, then the taking away all things else professed by the Papists, for the Clergy are such greedy dogges, as the Prophet calls them, that they can never have enough, being sheep-heards that cannot understand, seeing they all look to their owne way, every one for his gaine, Esai. 56. 10, 11. that they will be of any Religion where riches or profit is to be had, and will be sure to avoide and hate that Religion that brings in no profit to fill and cram their fat guts, who bite with their teeth, and prepare warre for those that putteth not into their mouthes. Micah. 3. 5. Besides, Tythes is a Jewish Ceremony abolished, as all the rest by the death of Christ upon the Crosse, Heb. 7. 5. 12. 28. & 8. 5. & 9. 9. 15. 26. 28. the establishing of which againe, is the denying of CHRIST’S death, and a setting up of Moses and the Ceremoniall law: for as the Apostle saith, Gal. 5. 3. For I testifie againe to every man that is Circumcised, that hee is a debter to doe the whole law, yea saith he, Christ is become of none effect to such a man, so say I, Hee that compells you to pay Tythes, compels you to keep the whole law, which whosoever goes about to doe, is fallen from Grace. Gal. 5. 4. Again, the payment of Tythes is an unjust and unequall thing in a Civill sense, for that the Priests who are not one for a thousand of the rest of the Inhabitants in the Kingdome should have the tenth part, yea, or rather the seventh part of all things a man hath (saving his Children) considering that they never labour for it with their hands, nor earne it with the sweat of their browes, nor bestow any kind of Charges, is the most unjust thing in the world, and so intollerable oppressing a burthen, that the Free-people of England are not able to beare it, as the Petitions presented by divers persons already to the Honse, and those many Petititions that are in agitation both in the City of London, and many Shires in the Country doe and will fully declare.

A second thing sworne to in the Covenant, as other branches of [14] Popery is, to root out and exterpate Prelacy (as there it is expressed, Church-Government by Archbishops, Bishops, their Chancellors and Commissaries, Deanes, sub-Deanes and Chapiters, Archdeacons, and all other Ecclesiasticall Officers depending on that Hierarchy,) and yet the same men have established the Bishop’s Priests, and servants, who have no other calling in the world whereby to stand, but what they had from them, as both the Ordinance and the Priests themselves confesse, and yet by vertue of this Papall, Prelaticall Call, they Institute and ordaine a Generation of Antichristian Officers, to fill the Kingdome (contrary to the Covenant) as full of Popery and Popish Officers, as ever it was in the Bishops dayes: the drivers on of which designe (if they have taken the Covenant,) are every man of them perjured.

But you will say though the Parliament and Priests acknowledge the Bishops to be Antichristian, yet the present Priests say, they were not ordained by them as Bishops, but as Presbiters, who had their Calling from the Pope, not as a Pope, but as a Presbyter.

To which I Answer, the Devill was an Angel of Light, but is now a Devill; the question is, Whether now hee doth those actions that he doth as an Angel of Light, or as a Devill? Even so, (admit for Disputations sake only it should be granted,) the Pope was once a Presbyter, but is now a Pope, Antichrist, the man of sinne, and sonne of Perdition, as is confessed by the Priests themselves, The Question therefore to them is, whether the Pope doth the actions that he doth as a Presbyter, or as the grand Antichrist the Pope; againe, the Bishops, as they themselves confesse, are Antichristian, and as Antichristian hath petitioned against them to this very Parliament, that so they might be extirpated root and branch.

The Question now to the Priests is, Whether the Bishops did those actions that they did after they were made Bishops, as Antichristian Bishop, or as JESUS CHRIST’S Presbyters? and if they were Antichristian, then surely those that are made by them are the same, and not in the least degree any better, for the Apostle saith, Heb. 7. 7. without all contradiction, the lesse is blessed of the greater, therefore for these men to say, they are better then-those that made them, is a meer rediculous foppery; Christ himselfe telling all such men, they are very fooles, Matth. 23. 16, 17, 18, &c. where in the like [15] case hee saith unto the Scribes and Pharisees; Woe unto you blinde guides, which say, Whosoever shall sweare by the Temple, it is nothing, but whosoever shall sweare by the gold of the Temple, he is a debter. Yee fooles and blind: For whether is greater, the gold, or the Temple that sanctifieth the gold? and whosoever shall sweare by the Altar, it is nothing, but whosoever sweareth by the gift that is upon it, hee is guilty. Ye fooles and blind: for whether is greater, the gift, or the Altar that sanctifieth the Gift. Whosoever therefore shall sweare by the Altar, sweareth by it, and by all things thereon: and who shall sweare by the Temple, sweareth by it, and by him that dwelleth therein: read likewise the 1 Cor. 10. 17. Hosea. 9. 4.

From all which places, to my understanding, it cleerly appeares, that no man whatsoever can be instated into any Office whatsoever by an Antichristian Power, but his Function is as Antichristian as his that made him, for as James saith, chap. 3. 11. Doth a fountaine send forth at the same place sweet water, and bitter? therefore in the words of the Prophet Esai. chap. 5. 20. I say, woe unto them that call evill good, that put darknesse for light, and light for darknesse, that put bitter for sweet, and sweet for bitter.

But if this be not enough to prove them Antichristian, but that yet they think the stream of Presbyterian imposition of hands is run so cleer from the Apostles to the Pope, and from the Pope to the Bishops, and from the Bishops to them, I would faine know of them how they will be able to prove, that it purely came through the hands of Pope JOANE, or where they will ever finde in the New Testament, that ever a woman in their sense was a Presbyter, or ever laid her hands upon other Presbyters, to ordaine them.

Thirdly, How they will be able to prove their succession to come truly to them, seeing there hath been sometimes two Popes at once, and sometimes three, and each excommunicating the other as false, how they will be able infalibly to make it appeare, that their Ordination came from the true Pope, and not from the false? Or how out of the New-Testament they will ever be able to prove, that a Bishop, Pastor or Teacher, did ever lay his hands to ordaine another Bishop, Pastor, or Teacher? and till they be able satisfactorily to answer to all these Queries, I shall account them as Antichristian as the Bishops, and as papisticall as the Pope himself, and every man a perjured man that hath taken the Covenant, that doth not earnestly [16] endeavour to extirpate and root them out, their power and Interest being so destructive to the Peace, Safety and Freedome of a Nation, as all ages, times and places doe fully declare where they have had footing; and this the Parliaments owne Declaration, made the Fifteenth day of December, 1642, doth cleerly hold out, which is worth every true-hearted English-mans serious perusall and Observation.

In the third place, they sweare to preserve the Liberties of the Kingdome, and yet commit men to prison for standing for them, witnesse Lieutenant Colonell Lilburnes lying in New-gate, committed, originally no man knowes wherefore; and those that were the Authors of his imprisonment, are ashamed to this day, to tell him for what cause they have committed him: And because they would faine pick a hole in his coat, they not onely keep his estate from him, but as if they intended to destroy him without remedy, doe commit, him to prison, which action indeed tendeth to his utter ruine, and then lay all the Provocations and aspersions upon him, which they can devise against him in his Imprisonment, because they had none before.

And then at their last pinch, examine him upon Interrogatories at the Committee of Examinations, concerning himself; (just High-Commission and Star-Chamber-like.) and because he stands upon his right, and the law of the Land, and will not answer, they turne him over to New-gate amongst Roagues and Cut-purses, there to brand him with infamie as much as in them lyeth, that so it shall never be taken off from him as long as he lives, and then to make Orders to arraigne him at New gate Sessions, if they can devise a crime, and get Lawyers to plead against him, before they have done him one bit of justice in helping him to the moneys they owe him.

O English men, what doe you think of the makers, and first takers of this Covenant, are they perjured yea or no? are you able to discerne the benefit of forced Covenants, are they not like forced Religion?

In the fourth place, they sweare faithfully, To discover all such as have been, or shall be Incendiaries, Malignants, or evill Instruments against the publick good, and what mischief they are not able in their own persons to suppresse or overcome, that they shall reveale or make knowne; that it may be timely prevented or remedied; all which they sweare to doe, as in the sight of GOD.

[17]

And yet notwithstanding, although Lieutenant Generall Cromwell, according to his duty long since, revealed the Earl of Manchesters treachery and basenesse at Dennington Castle, and other places, and proved it punctually by unquestionable witnesses before a Committee of the House of Commons, and before hee could perfect his charge, he was sent upon an unhopefull designe with Sir William Waller to relieve Taunton with Horse, although it be an exceeding close inclosed Country, where a hundred foot may deale with a thousand horse.

And when he came back to Windsor, he was posted away Uriah-like, by speciall command, with his owne Regiment of Horse, to lie betwixt Oxford and Worcester, (in the very roade way of destruction, had not the Noble Generall (by GODS Providence) exceedingly streightned his party) and after that hee is posted from place to place, and never suffered to come to the Parliament since, whereby Manchesters treason lies, as it were hid, although it be more fully proved (as some of that House have since confessed) then even Straffords was; and yet he is suffered to act in all the great designes of the Kingdome, unto this present.

2. Master Mussenden and Mr. Wolley, and divers others (Gentlemen of quallity) of the Committee of Lincolne, in August, 1644. exibited Articles of High-Treason; and other hainous misdemeanors against Colonell Edward King, to the House of Commons: which Articles they have since Printed and published to the view of the World; yet can they not to this day get any hearing of them, that so they may prove against him what they accuse him of, howbeit, although in their Fourth and Twelfth Article, they accuse him of plaine High-Treason, their owne words are as followeth: As

Article 4. When hee (the said Colonell King) was before Newarke, he sent for a Captaine, who kept Crowland, who obeyed his command, yet sent word to him of the danger that Towne was in, and therefore desined his second pleasure, which was, That he should march; who accordingly did; the Gentlemen of the Country fearing the enemy, procured Major Ireton to send a 100. Musketiers to keep Crowland, which hee hearing of, took ill, that without Order from him, any should come into his liberties, and commanded them to be gone, who accordingly departed; the enemy presently surprised the Towne, and those few that he had left in it, by which meanes he betrayed the Towne unto the enemy, which was not [18] regained without much charge, hazard, and losse of many mens lives.

Article the 12. That when the Enemy took Grantham, they being beaten from one part of the Town, wheeled about, to fall upon the other side, at a place called Spittle-gate, which Major Savill (being then Major of the Towne) perceiving, commanded Colonell King (being then Captaine of a Company there) to march with his Company to defend that place, Colonell King answered, That he scorned to be commanded by him, and rather then he would be commanded by him, he would take his company, and let the enemy into the Towne, and he delayed so long before hee would goe, that the enemy was entred at the said Port before hee came thither, by which means he betrayed that Towne. Also,

3. John Musgrave Gentleman, hath complained to the Commons in this present Parliament against Richard Barwis Esq. Burgesse for Carlile, and a Member now sitting in the House of Commons, and lately one of the Commissioners of Parliament for both Kingdomes, that at his being at Edenborough, he held correspondency with the Commissioners of Array, both for Westmerland and Cumberland, and in his Twentieth Article against him, he saith. That when the said Richard Barwis was at Sunderland, hee had Intercourse by Letters with the chief Delinquents in Cumberland, which were, especially Baronet Graham, Baronet Musgrave, Baronet Curwen, and Sir Willfrede Lawson; and that the said Mr. Barwis Estate was protected by means of some of the foresaid Knights, during the time the King had the Command of the North, and that Mr. Barwis was as Instrument in getting men nominated to be Committee-men for the Parliament, while they were in actuall Rebellion against the Parliament and Kingdome, and hath been an instrument in getting the Command of both the foresaid Counties into the hands of those that actually have been in Armes, and committed treason against the Common-wealth, who abuse the honest well-affected to the Parliament there, as much as ever they were while the King had the Command of them: and though complaint hath been made of all this to many of the House of Commons, and much more by Mr. Musgrave, and his partner, who are sent up to the Parliament from the Country (as Commissioners for that purpose) yet they cannot be heard or finde any Justice against Mr. Barwis, and the other Delinquents, by means whereof, both the Counties are in danger shortly to be lost and destroyed.

[19]

4. Some Gentlemen of the Bishopricke of Durham, long since complained to divers Parliament men of old Sir Henry Vanes wilfull loosing and betraying their Country, being there Lord Lientenant, but by reason of his greatnesse could never be heard, but in regard the substance of his charge is come into my hands, from the hands of a Gentlemen of that Country now in London: I have inserted here, that you may read it as followeth, only with this caution, that seeing in the Copy I took it out of, there were some interlynings at the latter end thereof, that if a word should be displaced, you would not therefore throw aside all the rest of it, for I dare pawne my life, the substance of it will be proved.

The Militia of the County of Darham was intrusted with Sir Henry Vane the elder, to whom some Gentlemen of the Country repaired and desired his care therein, which he omitting the Earl of Newcastle in August, 1642 taking advantage thereof, came into the County of Durham, and to the Towne of Newcastle upon Tyne, wich divers Captaines, Commanders, not exceeding the number of 100. men to raise forces against the Parliament, and by Michaelmas after, he increased to 500. or 600. men at the most, and Sir Henry Vanes having Armes of his owne in his House at Raby Castle, sufficient to arme 100. men, those Armes were carried by his two principall servants, William Conyers, a Popish Recusant, and Henry Dingly his soliciter in his Law affaires, to the Towne of Newcastle, where they were delivered to one appointed by the Earle of Newcastle, to receive them, and Conyers and Dingley received a note for the receit of those armes.

All which being publikely known in the Country, the people were much disheartned, and for that the party intrusted with the Militia, had furnished the enemie as aforesaid, many were forced to take up Armes under the command of the Earle of Newcastle, divers for feare fled out of the Country, and others of them, who staid longer, were taken and imprisoned: and shortly after, the Earles Army increased to the number of 5000. and upwards, as it was commonly reputed, there being 39. Colours of foot, and 25 Troops of Horse, or neere thereabouts; and the affected plundered in their Estates to their utter impoverishment.

Our humble desire is, That no man that hath taken up Armes and [20] served, or been active in this unnaturall Warre, against the Parliament, or are Delinquents, or willingly contributed thereunto, be put into Commission, or imployment, or Administration of Justice, untill the well-affected of the Country be heard concerning their offences, and misdemeanours, and the same be determined of in the Parliament, &c.

This Information was presented to the Right Honourable the Earle of Essex, in February, 1643. by Richard Lilburne, and his brother George Lilburne, in the presence of Edward Wright, Nicholas Heath, John Ewbanke, and Michael Dawson, all of the County of Durham.

Mr. Henry Dingly died in Jan. 1644. at Charing. Crosse, and lodged neer Sir Henry Vanes Home, Testis John Marr, Esq. Clarke of the Kitching to the Prince.

Mr. William Conyers, Steward of his Land, hath continued his service likewise, and lived in Raby Castle, ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne, till within these Foure moneths last past, Testis, Mr. George Lilburne, and Col. Rob. Lilburne, his Nephew. June 2. 1645.

5. When Alderman Gurney was Lord Major of London, the Citizens complained to the Parliament of him and others of his Brethren, and also of the Recorder Gardner, those that prosecuted the Cities busines, was principally Alderman Folkes, and Alderman Gibbs, that Monopoliser, and Mr. Gline now Recorder, sate in the Chaire of that Committee, but as soon as they had justled out those, they complained of, and set themselves downe in their places or Saddles, rode and spurr’d the poor Commons of London as hard as ever the former did, and troad in Strafford’s pathes of Arbitrary Government, as much as the former, and the People sigh, groane, and cry out of their unjust bondage by the Lord Major present, Recorder and Coure of Aldermen, and the Parliament look upon them with a fighting eye, and afford them no helpe, though the Commons of London have been chief Instruments under GOD of saving their Lives, Liberties, and Essates, howbeit now they goe about to make them slaves for their paines; it were well therefore the Commons of London would aske their Foure Burgesses, if they did not send them to sit in Parliament, so preserve and defend their Liberties, and if they finde they have not performed their trust, then to desire to choose Foure more Faithfull, Carefull and stouter in their places, and that the Commons of London are sensible of their boing rob’d of their Freedomes by the asoresaid parties, [22] the Petition of divers of them presented to the whole Common Councell, sitting in Guild-hall in Aprill last, and since printed, doth fully declare; whereof a true Copy here followeth.

To the Right Honourable, The LORD MAJOR, and the Right Worshipfull, the Aldermen, and Common-Councell of the City of LONDON;

In Common Councell Assembled.

The humble Petition of divers Citizens of this Honourable City.

SHEWING,

THat the afflictions and sorrows of our hearts are unexpressible, in regard of the manifold miseries that are upon us, and thousands of our deer Brethren, and fellow Citizens complaints being generall, and very grievous. As amongst many other;

I. That the Poore is in great necessity; wanting wherewith to set themselves on worke, their Children uneducated, and thereby prepared to wickednesse and beggery.

II. That Trading is exceedingly decayed, whereby thousands that have lived in a free and plentifull way, are many fallen, and are more falling into great extremity.

III. That Assesments are made very unequall, whereby the Taxes laid upon the City, are made burthensome and paid with much repining.

IV. That the Forces of the Citie are very much abated, and that the Citie is not in a Posture of Warre answerable to its greatnesse, or its danger.

And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances, yet our miseries are such, that we are in effect debarr from opening our griefes, or proposing our remedies to any that hath power to help us.

For if wee motion our going to the Parliament immediately (as [23] was usuall and succesfull in former times) our mouthes are presently stopt with this prejuditiall rumour. That the Parliament will not receive any Petition from the Citizens, but by the Common-Councell; whereupon few or none will move in that way, though there be never so urgent necessities.

If wee propose to goe through the Common-Councell, sad experience hath proved it so difficult to obtaine a Common-Councell, that men are weary in pursuance thereof. The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause, also that nothing shall be debated, but what hath been first presented to the Court of Aldermen, and that after debate, the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote, or by dissolving the Court at his pleasure. By which Prerogative Rules, if the Lord Major will not, or cannot preserve the Citizens from miseries and destruction, Will not heare our Complaints, nor be sensible of our necessities, The whole power of the chosen Common-Councell men, may not interpose, or use any meanes for our preservation and relief. Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices. But that the safety and well-being of so great a People should depend upon the understanding and affections of so few, and that the whole City must be without a just means to preserve themselves, or to remedy things that are anywayes amisse, except the Lord Major and Aldermen will assent, And that those whom the People yeerly choose, and principally intrust, should be made uselesse at their pleasure. And themselves estated with such a power, that no Authority in the City can call them to an account in cases of mis-government, is so pernitiously obstructive and intollerable, as is not to be pleaded, but to the enslaving of the People.

Whereas of Right, the People of the City are a free People, and are not to be bound or concluded but by their own consents, or by the major part of those they yeerly choose to give their consents in common and free Councell, who are Commonners chosen from amongst themselves, with reference to their Consciences, and good affections. In whom the concluding law-making power of the City justly is. It being destructive and improper that it should [24] be estated in two distinct jurisdictions. And therefore, since wee have none to open our griefes unto, but unto you, And that it is thought convenient, that wee should apply our selves to this Court in whatsoever we desire to present unto the Parliament.

Wee most earnestly intreat you to shake off all pretences of Prerogatives, by which (and the like) the Citie and Common-wealth have been most grossely inslaved, and that you will reduce your selves into so proper and just a method of proceeding, as may stand with the condition of a free people, and conduce to the remedying of all grievances, and removall of all our afflictions.

Unto which end we humbly propose to your grave consideration, as followeth.

I. That you will be pleased to Order a Court of Common Councell once every week to meet without warning upon a certaine day, and expresse houre, and to publish the same, that all the Inhabitants of the City may be informed thereof.

II. That you will also publish your readinesse to receive all Informations and Petitions from any of the Inhabitants, there having been many most necessary and usefull things stiffled for want of incouragement in this kind.

III. That you will resolve within your selves, to maintaine the Essence and freedome of your Court, As namely,

To take into your Considerations, and freely to debate whatsoever the present or greater part shall thinke meet and necessary. To Vote and conclude whatsoever to the major part shall seem good: To continue the present Session or Court, at the present occasions shall require, To adjourne to what day and time shall by the greater part be thought convenient, over and besides the set weekly Court, without which, and the due Observations of all reasonable Orders, as by your wisedome shall be provided, you will appeare to every juditious understanding, but as a meer shadow of Power, and no wayes helpfull. And therefore,

IV. That you will he pleased to make a perpetuall standing Order, or Law, that whatsoever Person or Persons shall from henceforth by secret or open meanes endeanour to deprive the Court of Common-Councell of the foresaid Rights, Freedoms or Priviledges (is the vindicating whereof some members of this Court then Commoners exprest much zeale against that obstinate Lord Major Gurney, and his perverse Associates) [5] shall be instantly disfranchised and otherwise punished, as shall seem good is the Justice of this Court.

These wee most earnestly intreate may be speedily established, as being the only meanes to incourage your Petitioners, and all other well-affected People, to study and present you with such materialls as may happily tend to give a speedy end to all our miseries.

And wee shall ever pray, &c.

This Petition was delivered the 15. of April, 1645. to the Common-Councell of London, sitting at Guild-hall.

6. Sir John Lenthall having acted and done many things of extraordinary prejudice against the State, one Captaine Cob, a sea-Captaine, and then Prisoner in the hands of Sir John Lenthall, out of duty and affection to the well-fare of the Publique, informed by a Letter the Speaker of the House of Commons of it, and sent his Letter by the hands of one Mrs Jencks, who faithfully delivered it to him, and by her importunity to some that belonged to the said Speaker for an Answer to it, the said Captaine Cob was brought out of Prison to the House of Commons door, as he thought to justifie, the said Letter, who had brought along with him three or foure Witnesses, to prove all the particulars mentioned in the said Letter.

But the Speaker, contrary to his duty, never caused him to be called in, but only sent him out word, that he should goe home againe, and he would shortly come over to his brother Sir Johns House, and speak with him there, who accordingly did, but would admit none to be present to heare what passed amongst them there; yet Cob, as soone as he came into the Prison amongst his fellows, gave unto them a true Relation, upon his Reputation, of what passed amongst them, which as they averre, was to this effect; as soon as he came up, saith the Speaker, Sir doe you know me, yes sir, saith Cob, I know you to be Speaker of the House of Commons, which was the reason I writ to you, judging you the fittest man to bring to light so great a businesse of importance, as I have to make known to you, for the good of the State and Kingdome, then the Speaker shewed him his [26] Letter, and asked him if he would justifie it, and he told him, yes, and a great deale more, if he would doe his duty, in making it truly knowne to the Honourable House of Commons.

The Speaker turning himself to his Brother, said, Sir John, if this be true, heare is enough to hang you, well Sir, saith Sir John; whereas he chargeth me of letting Violet goe twise to Oxford, during the time that hee and Sir Bassell Brooke were contriving their Plot against the City; you know I never let him goe but once, and then I had your warrant for it; well, well, said the Speaker, Captaine Cob, I see you are an honest man, and much wronged by your adversaries, but shake hands and be friends with Sir John, and I will get you your Liberty, so they parted.

But Captaine Cob perceiving the Speaker did nothing in it, but indeavoured to smother it, sent a true Copy of his Letters, that he had sent to the Speaker, to Mr. William Pendry of London, with Ellen Thomas, her information about the threescore thousand pounds of Sir Bassel Brookes, that then was in Sir Johns hands, which Letter and Information the said Pendry communicated to two Knights that are members of the Committee of both Kingdomes, who took no more care then the Speaker to have it brought to light, nor the 60000l. attached, and now it is upon the stage, before the Committee of Examination, the Chaireman of which, Justice Whittiker, with Mr. Knightly and Sir Robert Pye, who is desired to remember a Letter that was going to Don Cattington &c. have not dealt fairely in the businesse, as both the Informers, and some of the 6. Citizens that were permitted into the Committe, to see to the managing of the businesse doe declare.

And therefore assuredly, if so foule and hainous a businesse as this is, be smothered up againe, I am very confidently perswaded, some one or other will publish all the particulars of it (ere long) in print, to the view of all the Commons of England, that so they may see and judge how they are jugled with, by some of those they have reposed their greatest trust in, although Sir Jo. Lenthall, and the Speaker have (as it may justly be supposed) set Dr. Bastwick at worke to publish to the view of the world the innocency of the parties accused, saying in the 8. page of his late book against Mr. Lilburne, that there is nothing made good against them, so much as with a seeming probabilitie, much lesse proved, and so busy and earnest is [27] the said Bastwick to defend their rotten Reputations, and their wicked and unjust dealings towards the State and Kingdome, that he thinks with his lies and base and sordid language, to salve up their credits, and to Baffle and justle the just and honest prosecuters out of their just wayes and pathes they tread in, to doe the Kingdome faithfull service in bringing treason to light.

Yea, so bold and impudent is hee, being back’d by their Authoritie and Interest, that rather then truth shall come to light, and their wickednesse be discovered, he will lay such a blot upon the Parliament, that will render them ridiculous to all that seriously read his Book, and consider that the Parliaments owne Authority hath licenced him to call them Ninneys and Grols.

For saith he in the last page of his Book, For as there is no family, though never so honest, that both not a Whore or a Knave of their kindred, so it is impossible in such a great Counsell as the Parliament is, but they should have some Ninnyes and Groles, and men that have no more wit, then with reach from their nose to their mouth: It were well Dr. Bastwick would doe the Common wealth that service, as to name those men, that so some men may begge them for fooles, to take upon them so high a calling, as to be Law-makers to so great and knowing a People, as England is, and to have so little wit in them.

Surely this Parliament will be contempteous, not onely to their foes, but also to their freinds, and will never shake off this blot while they sit, unlesse they call him to an account, and make him name whom he meanes, and punish that Licencer that durst be so bould, to let such a book be published cum privilegio, to the dishonour of the very Parliament it selfe, surely Sir John and his Brother the Speaker have feed Bastwick well, and are not very sound, that they put him (their pack-horse) upon such desperate courses to salve up their credit, and he hath as little wit or honesty in him to be so earnest for Sir John Lenthall in particular, who is notoriously knowne and reputed so grand a Knave and Tyrant, by thousands that know him, as England hath not his fellow, being at this present Outlawed, and hath so continued 3-yeers, and of whom for murder, Cruelty, Bribery and Arbitrary Government, and what not, there hath so many complaints been made to this present Parliament, (though little effect they have taken, by reason of the Speakers [28] Power and Interest) whose common practise it is, to walke in a constant contempt and violation of the knowne Laws of the Kingdom, and to the making of them null, and of none effect, as much as in him lies, to the ruine and destruction of thousands of the free Denizons of England.

For though the Law provide, that if a man in Execution escape or walke abroad out of Prison, the Jaylor is lyable to pay his debt, yet for his own gaine he doth constantly doe both, and the undone and wronged Creditor can have no satisfaction of him, neither Law nor Justice against him, by reason of the Speaker his great faction in the House, supporting of him.

Sir John Lenthal, besides his Outlawries, hath dozens of executions upon him, and yet walkes abroad, and continues keeper of Kings-Bench Prison, and Justice of Peace, and as it is reported, is Chairman of a Committee, by means of which, he is invested into a Power to crush and destroy every honest man that but opens his mouth to speake of his basenesse and injustice, the height of his injustice and of his Arbitrary and Tyrannicall Government, scarcely in Strafford to be parralell’d, which is so insupportable to the poor oppressed Prison in Kings Bench, that they have got a proverbe amongst them in these words;

The Lawyers rule Committees, the Speaker rules the Lawyers, Sir John Lenthall rules the Speaker; Thomas Dutson rules Sir John Lenthall, and the Devill rules Dutson.

But for all Bastwicks brags of Sir John Lenthalls innocency, if he please to doe the State so much service, as to prevaile with his good friend the Speaker, to procure the same Court Marshall in London that sate upon the Hothams, as soon as the Ordinance is past, hee shall have the names of some of reputation in the Kingdome, that will before that Counsell accuse Sir John Lenthall of High Treason, and hazard the losse of their lives upon the proof of it.

In the last place, the Parliament men swear to be at enmitie with indifferencie or newtrallity, which newtrallitie in the Covenant, is branded as detestable by them, and yet notwithstanding, divers of them cannot indure them that would have an end of these warres speedily; but hate and abhorre all those who with all their might indeavour the end of them: and though such men walke by better principles then taking the Covenant, even by Principles ingraven [29] upon their soules by God himself: yet unlesse they will take this (impossible to be kept) Covenant, (the framers and makers of which have runne into wilfull perjury themselves) they must be turned out of Committees and their Regiments disbanded (as in Hartfordshire, &c. and Newters put in their places, that are neither hot nor cold, nor have any other principle whereby to walke, but base pecuniary principles and self-Interrests and by this meanes the Kingdome is in danger to be utterly destroyed, even by such covetous newtrall indifferent Committie-men, and men of excellent publique principles, disfranchised, and undenized, contrary to the fundamentall Constitutions of the Kingdome, which doe allow none to be so dealt with, but only for an act done or committed against the welfare of the Publique.

And though many conscientious men have laid out their witts, their time, their paines, their purses, their blood; yea, and all that in this world is most precious to them for the preservation of the Publique, yet they must not sit in Parliament, though never so fit and able, unlesse they will take this make-baite (persecuting, soul-destroying, Englands dividing, and undoing) Covenant; I shall therefore desire all the Commons of England, and the Parliament themselves, seriously to read over some part of their owne words, in their Exhortation to the taking of the Covenant, the words thus follow:

And as for those Clergy men who pretend that they (above all others) cannot Covenant to extirpate that Government, because they have (as they say) taken a solemne Oath to obey the Bishops; in licitis & honestis, they can tell if they please, that they that have sworne obedience to the Laws of the Land, are not thereby prohibited from endeavouring by all lawfull means the abolition of those lawes, when they prove inconvenient or mischievous.

And if there should any Oath be found, unto which any Ministers or others have entered, not warranted by the Laws of God and the Land, in this case they must teach themselves and others, that such Oathes call for Repentance, and not obstinacie in them.

O that the Parliament would mind these their owne words, and give free leave to some of their honest fellow Commoners to remonstrate the inconveniency and mischievousnesse of this Covenant, and I am confident, it would easily and cleerly be made appeare to [30] themselves so wild, that they would never inforce it any more, but rather recall it again. Judg. 11. 30. Est. 3. 10. Dan. 3. 3. &c. Mark. 6. 23.

12. Whether it be not most agreeable to Law, Justice, equitie and conscience, and the nature of a Parliament mans place, that during the time of his being a member, hee should lay aside all places of profit in the Common-wealth, and tend only upon that function, for which he was chosen; or if he be poor, or have lost his Estate, whether he ought not at present, to be content with his masters wages, that is to say, with so much a day, as the Common-Wealth by the Law of the Land is to pay him for his dayes labour, which is expressed in 33. H. 8. 11. to be 4s. per diem to every Knight, and to every Citizen and Burgesse 23. a day, or more, as heretofore hath been accustomed, &c. or with some reasonable Competency, being the Commonwealth is grown so poor, that it is not able to pay her common Souldiers their 8d. a day, though they constantly adventer their lives to preserve her, which the Parliament men seldome doe, and not to thirst after great and rich Places, farre lesse to possesse or enjoy them.

Seeing by woefull experience it is found, that the possessing of them breeds nothing but factions and base cowadlinesse, yea and sowing up of mens lips, that they dare not speak freely for the Common-wealth, nor displease such and such a faction, for feare of being Voted, and thrust out of their unfit to be enjoyed Offices, the Common wealth hath just cause to fear they will set up an interest of their owne, destructive to that common Interest and Freedome, whereof the poorest free man in England ought to be possessor, and so make this present Parliament an everlasting Parliement, and the Warre a never ending Warre, seeing it tends so much to the inriching of Parliament men and their Officers, who have already wisely, as they thinke, senced themselves with an Ordinance made the 26. of June, 1645. That they shall not be called to account for their Masters the Common-wealths money, nor Plate that once commeth into their fingers.

Object. But would you have those Parliament men, that had their Places before the Parliament sate, turned out of theirs?

Yes, I would have Sir Henry Mildmer, Sir Henry Vane the younger, Soliciter Saint-John, Mr. Holland, &c. turned out of their Places at present, though I conceive it just they should be secured of the [31] injoyment of them againe so soon as the Parliament is ended, for their present injoying thereof, sowes but up their lippes, and makes them they dare neither speake nor doe that they should, and without them is hoped they would (and for avoiding the jealousie of partiallity) I thinke there is as much Justice, to turne them out during the Parliaments continuing, as to turne out Mr. Greene, Sir Robert Harlow, Sir Walter Earle, Mr. Reynolds, the Speaker, Mr. Prideaux, &c. and all the Chancery Judges, for to me it is one of the most unjust things in the world, that the Law-makers should be the Law executors, seeing by that meanes, if they doe never so much injustice and oppression, a man may spend both long time, and all he hath besides, before ever he can get any Justice against them, yea, and it may be, hazard the losse of his life too.

And therefore it were a great deal better for the Common-wealth, that all the executors of the Law should be such persons as doe not in the least belong to the Parliament, that so they may not be able to make any factions to save their Lives and Estates, when they doe injustice: and I am confident, there is never an honest-hearted Parliament man that meanes well to the Common-Wealth, but he will upon the debating of this needfull point, be of my minde, though it be never so contrary to his owne particular Interest and profit.

But you will say, This will fetch that gallant man Cromwell from the Army, which will be a mighty losse to the Kingdome, seeing he is so able and active a Souldier, and so extraordinarily beloved of the Officers and Souldiers in the Army, yea, and such a stay to that unparralleld Generall, Sir THOMAS FAIREFAX.

I answer, it is very true, that the Kingdome will have a mighty losse of him indeed, if he should be taken out of the Army, and be made unserviceable to them any where else; but if he come into the House of Commons (that proper seat whereunto hee was chosen,) and doe them ten times more service there, then he doth, or can doe in the Army, what losse hath the Common-Wealth then? Consider seriously the grand service he did the last Winter, when hee was in the House, and see whether any action that ever he did in his life can be parralleld to it, and I beleeve it will be found good to have him at home: for he is sound at the heart, and not rotten cored, [32] hates particular and selfe-Interests, and dares freely speake his minde.

Therefore home with him, as well as the rest of Parliament-men, according to their owne Ordinance, and let him perfect what he began, and either lay Manchester flat upon his back, or himself, for the best service can be done the Kingdome, is to pull out home-bred Traytors, and to helpe to keep and preserve the Great Counsell aright: for if there be Twenty Armies abroad, and your Counsells be not absolutely safe, sound, and Unanimous at home, you are not safe, but still in danger; besides, I have heard it reported, that hee was about a designe of getting a Committee set apart, and an Order made and published to the whole Kingdome, that if any man were unjustly oppressed by any Member of Parliament, Committeman, or any other Officers or Ministers, let him bring his complaint, and hee shall have a just and a faire hearing, and Justice done not in words, but in actions upon the Transgressour.

O for selfe-denying Cromwell home againe, to set this on foot, which would be a salve for all our sores, and would gaine the Parliament more ground in one moneth, then their forcing the Covenant will doe in a hundred; And if you will seriously meditate upon these things, you will finde there was a hidden mystery in sending him from the Parliament, when he had impeached Manchester, the fresh pricking of which veine againe, would cause good blood to grow in the body of our Common-wealth; and besides Cromwell may reasonable well be spared now from the Army, seeing there are so many gallant, brave, and true-hearted Englishmen there besides himself, who are well knowne for their Honesty, Parts, Valour and Souldiery to the Noble Generall: and besides, Cromwell, if he were at the House, might (if it were thought fit) now and then visite the Army, to solder them together, if there should be any disjoynted, (as I hope there will not) in which Art hee hath good skill, and unfainedly hates all factious pertaking, and base selfe-gaining.

Againe, Whether is it not agreeable to Law, Justice, Equity and Conscience, seeing that by the 4. of Ed. 3. 14. that there should be a Parliament once every yeere, and more often, if need require, and in the 36. of E. 3. 10. it is inacted, That for maintenance of the Laws, and the redresse of divers mischiefs and grievances, which daily [33] happen, a Parliament shall be holden every yeere, as at another time was ordained by a Statute, that seeing this present Parliament, (by reason of the extraordinary necessities of the Kingdom) have sate foure yeeres, and many of the members betray’d their trust, and those that remaine, ingross Law-making, and also Law-executing into their own hands contrary both to reason, and to the true intent and meaning of the Law, which saith, delayes in judgement in other Courts shall be redressed in Parliament, as also false judgements and difficult Cases that shall happen, shall be there decided: Read the 14. E. 3. 5.

By which manifest abusing, negligent and not true using the Lawes, oppressions, mischiefes and grievances are no lesse (if not far more) increased; then they were before the Parliament began; and many times by the powerfull Interest of a Faction in the Parliament, to save some one, two or three of their Members, undeserving credits; they so violate the known, unrepealed, and declared law of the land, yea and their owne Votes, Ordinances, Declarations and Protestations, as if they had never made them; I say, all these things considered, ought not the Free-men of England, who have laboured in these destroying times, both to preserve the Parliament, and their owne native Freedoms and Birth-rights, not only to chuse new Members, where they are wanting once every yeere, but also to revue and inquire once a yeere, after the behaviour and carriage of those they have chosen.

And if they finde that since they came into the House, they never made any motions for the publick good, nor so much as for theirs that sent them, but doe sit like so many Ninneys and Groles, that have no more wit in them, then will reach from their noses to their mouthes, as Doctour Bastwick saies, or have any way been unfaithfull and unserviceable to the publique, or groundedly suspected so to be, that then those that chuse and sent them, may have liberty to chuse more faithfull, able and better men in their places, for standing water will speedily corrupt, if it have not fresh running springs to feed it, though it were never so pure at the first.

Therefore I earnestly desire all true-hearted Free-men of England, to have a care in their present new choices, and seriously consider, that Gallant man, Major George Withers advice to them in his late Book, especially his 20. page, who there saith, Some men [34] give their voices to their friends, some to their Landlords, some to the richest (and hee forsooth must needs be the wisest) mens merits are measured by the aker, weighed by the pound, so let a Beast be Lord of beasts, and possesse many acres of durt, hee shall be preferred to be a Parliament-man, in admiration of his wealth, and not wit: although (as Varro saith of a swine) he hath no more soule then will serve in stead of salt to keep his body from putrifying.

But who thinkes upon the poor wise man, who as Solomon saith, saved the City? who thinks of the just man, whose integrity keeps Gods blessing amongst us, and us together amongst our selves? No not one; who wonders then to see a crooked representation of a crooked Commonwealth it is no true glasse that calls not a shadow as crooked and deformed as the substance: but above all others, have care of chusing Lawyers, as the same Author in his late Poems called Vox Pacifica, page 183. saith of them; for if the Common-wealth had Peace with their professed enemies; yet they will reincrease.

———Your Quarrells, else, assigne as you agree:
By their formalities, and slow proceeding,
Your remedy for injuries is made
A mischief, the disease oft times exceeding;
And if some eye unto them be not had,
So many places in your Parliament,
They will supply, and fill so many Chaires
In your Committees; that, much detriment
Unto the Subject; and some close impaires
Of Publique Freedomes (e’re you be aware)
Which slip upon you, if you have not care.

So strong a party they have alwayes had,
That your great-Charter, which doth interdict
Delay of Justice, was in that point made
(Ere since the Grant) a Law without effect.
But when their Courts, and practises have reach’d
Oppressions height; they, as the Clergie were;
Shall downe into another Orb be setch’d,
And taught to keep a constant motion there:[35]
This worke, upon some Courts hath been begun,
Another time, it shall be fully done.

And as the worthy Authour of that late sheet of paper, called Some Advertisements, for the new Election of Burgesses for the House of Commons, saith in his 6. page.

Take heed how you fill up Elections with these kind of men (meaning Lawyers) the Recorder of every Borough will of course looke to be chosen; as being the mouth of his Corporation: but it is a Custome not fit for the necessitie of these times, our affaires require rather States-men then Lawyers; my Reasons against such Elections follow:

1. The Knowledge of the Common Law, doth no way conduce to the making of a States man: it is a confined and topicall kind of learning, Calculated only for the Meridian of Westminster-Hall; and reacheth no further then Dover. Transplant a Common Lawyer to Calice, and his head is no more usefull there, then a Sun-dyall in a grave: who ever heard of the Polyticks written in Law-French?

2. If the making and penning of good Lawes were the worke of these times (as they are not) it were not wisedome to chuse Mercinary Lawyers to make Lawes: because they are the first men to invent subtilties to evade them, and make them uselesse; and will pen them obscurely on purpose to procure themselves work in the interpretation.

3. Lawyers, being a bold and talketive kinde of men; will intrude themselves into the Chaires of all Committees, where (being accustomed to take fees) they will under-hand protect delinquents, and their concealed Estates with tricks and devices.

4. The Reformation of Courts of Justice, is a worke of absolute necessity, without which (though the sword of the Lord returneth again into its scabbard, so that you have no warre yet) you shall have no Peace: but if you have many Lawyers, they will never suffer any effectuall Law to passe for this purpose: Because they yet move by the corruption and delayes of the Law, then by the Law it self:

5. It is necessary to make a Law for limitation of exorbetant fees, extortion, and prevarication (or collusion) amongst Lawyers, as it is used in other Countries.

6. It is necessary to limit the certaine number of practisers in each Court, that they swarme not (like Locusts) over the land, devouring and impoverishing it.

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These blessings you will never attaine unto, unlesse God give you the wisedom to avoide such Elections: lay to your hearts sinne as well as the shame and smart, of oppressions and transgressions of lawyers; and you will finde that the cries of the oppressed have been a principall motive to draw downe Gods vengeance upon this mournfull Land.

Was ever so desperate a wound given to the Lawes, Liberties and properties, as the predetermined judgement of Ship-mony. Who gave that blow? Judges. What were they? Theeves cum privilegio Rege majestatis who bought Justice by whole-sale, and sold it by Retaile? Who assissed them? Lawyers, who undertaking to pleade for their Clyants against it, (pretending one thing, and doing another thing) for the most part; and betrayed the Cause, all to get favour and proferrment; and yet such proceedings were both against the Judges, and the Caronation Oath; upon an extrajuditiall opinion collusively given: (for saith the Record) Sacramentum Domini Regis ergo populum suum habent ad custodiendum. But our Judges, (though more wicked) have the happinesse to live in a more wicked age, and out live their crimes, paying onely a small part by way of fine: and enjoying the rest of their stollen treasures : and after they had made Peace as devouring as warre, and the Law as cruell as the Sword; who’s that is not a better Christian then these Brothers of the Coyse, brothers in evill: will not cry out with Epicures, that God takes no more care what men doe on this earthly bulke, then man doth what doth what Ants doe on an Emmett-hill; when Verres: being Consull of Cicily,) had pilled that Province, and (other Pro-Consulls, and Pro-Pretors were punished for lesser Extortions) he laughing at their foolish moderation, vaunted to his Brother Tymarkedes: that he had got enough to buy the freindship of the Senate and commendation, of a rich and Honourable man: So our Judges enjoy their crimes, and the prize and reward of them: Nay, they grow fatt and prosper upon the anger of God and man, whilest this Land groanes under the sad weight of the Sword, Pestilence, and famine, the effects of their injustice: but through whose favour is it they have not expiated their Crimes with their blood: and washed away the Guilt of the Land; but the Lawyers? who wisely consider it may be their own Case another day.

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I have shewed you how unsafe it is to trust Mercenary-men with making or keeping of your Lawes; I will epitomize what I have said in Pliniea’s words (in Panegyr ad Trajanum) Hereto one we were laden with our Crimes, now we are oppressed with our Lawes: and it is to be feared, least the Common-wealth (though founded by the Lawes) be confounded by the Lawes (or rather by the Lawyers.)

Likewise to this purpose read what the Author (reputed to be a member of the Assembly, as well as he that writes the Brotherly and friendly Censure of Mr. Prinnes 4. late Queries;) in his Antidote against the same 4. dangerous Queries, pag. 3. saith, That if the thing be granted, that he disputes, for Judges will be taught, That they judge not for man, but for the Lord, who is with them in judgement, people will grow more peaceable and free from continuall contentions: Lawyers shall not get the wealth of the Land into their hands by fishing in troubled waters: incouraging men in unlawfull and quarrelous suites, pleading wicked Causes for large Fees, prelonging suites; and making men spend in long suite unto twise the value of their just Right, and debt for which they sue, and by taking treeble fees, and keeping them, though they faile their Clyant, and have beene imployed at other Barres, when his Cause was to be pleaded.

Godlinesse and true Religion being increased by faithfull Preaching and godly Discipline, in the hearts of men, will make the Common-wealth free from the necessity of many Lawyers, which the learned Philosopher held to be a Plague in a State and Kingdome: and therefore it is no marvell that the corrupt ones of that Profession, are deadly enemies to the Maintenance, Honour, and other incouragements of the true Ministery of the Gospel.

Also: Read what that honest Author (and true principl’d Common-wealths man:) of the little booke intituled, A Helpe to the Right understanding of Mr. Wil. Prynne, saith of Lawyers; and lay all the aforecited Authors together, and you will easily finde, they make it evidently appeare, that there is as little use of Lawyers to be in the House of Commons, as there is of a Plague or Pestilence or of the Bishops and Popist Lords in the Honourable House of Peeres; their Interest being both as Delatory, and as destructive to the true Peace, Prosperity and well-fare of the Common-wealth of distressed [38] England: for the procuring of which, as principall helpes and meanes under the powerfull and wise disposing Providence of the Lord JEHOVAH, who in his owne due time, (as Mordecai said to Esther, Est. 4. 14. and Isa. 63. 3. when all means faileth, is alone able without and beyond all meanes, to bring Salvation by his owne out-stretched Arme, Yet let not us be idle or secure, but observe and indeavour these insuing means for our part.

I. By Petitioning, and by all other lawfull wayes and addresses, strive to procure from the Parliament, and all other just Authority, than they (according to their duty, Oath, and Profession; yea, and our trust reposed in them) will Administer JUSTICE impartially, (according to that loud and earnest desire of distressed and Imprisoned Lieutenant Colonell LILBURNE, in that late Letter, (which frequently is called his,) and according to those sad and lamenting Expressions in that just complaining Epistle (of an Utter Barrester to his speciall freind,) called Englands Misery and Remedy,) and that without turning either to the right hand, or to the left, or knowing of any Relation either to Father, Mother, Sister, Brother, Kinsman or other; or without regarding of any Faction, either Popish, Episcopall, Presbyterian, Independant, Separate or Anabaptist, but Cordially to doe every one Justice, because it is just: and severely to punish all perverters of Justice; whosoever they be: one Moneths doing of which, would procure the Parliament more Cordiall freinds then the fighting of all their Armies, or the forcing of all their Covenants, or the Pressing of all their Souldiers, or persecuting all their Sectaries will doe in ten moneths space.

II. To endeavour to set the City of London right in the enjoyment of her Priviledges: (being the Metropolis of England, that shee may indeed be a true President to all the Cities and Corporations in the Kingdome, and a ballance to all the Tyrants, or Arbitrary-principled men in the same:) the means to set her right, is first, for the Commons to get a Copy of their Charters, and translate them into English, and print them, that so every free-man may see and know his own rights, and endeavour the more earnestly the exemplary punishment of the infringers and incroachers thereupon.

III. To rise as one man under faithfull, honest, experienced, constant, well-affected Commanders, such as those that rise, shall chuse to adventure their lives with, and beleager all the Kings Garrisons before the storme grow so great in the North, that no man dare travell under paine [39] of his life, according those honest and good Directions lately printed, which are intituled, Englands Cordiall Physick.

IV. To call to a just and strict account all Fingerers, and Receivers of money, whatsoever, even Parliament men as well as others; for they are all but the Common-wealths servants) and severely (according to the greatest pennalty of any declared and unrepealed Law) to punish all those that have any wayes cheated and cozened the Common-wealth, and unjustly made themselves rich by her treasure now in the time of their great riches, and her extreme poverty; and for future time, to make a Law to punish with death all such grosse transgressors, who deserve to have their skinnes flaid off, and stopt full of straw, and being up publikely in the places where they so unjustly executed their undeserted Offices, and deceived their owne Nation to inrich themselves, to the terrifying of all such as shall succeed them in their places, from the acting of such unchristian yea and worse then Heathen-like Roaguery.

For I am confident, that the portion of all such covetous State-robbers, Nationall Fellons, mighty thieves, and secret Traytors will be such as are described (or painted lively in their colours) throughout the Twentieth Chapter of Job, from the fourth Verse, which I expresse here at large, and more Scriptures after them, for the use of those that have no Bibles, to read (they are become so dear, and Monopolized like other things, as shall yet hereafter appeare,) the words are these.

Knowest not thou this of old, since man was placed upon the earth, that the triumphing of the wicked is short and the joy of the hypocrite bilt for a moment. Though his Excellency mount up to the heavens, and his head reach unto the Clouds, yet he shall perish for ever, like his owne dung: they which have seen him, shall say, Where is hee?

He shall flie away as a dreame, and shall not be found, yea, he shal be chased away as Vision of the night, the eye also which saw him, shall see him no more, neither shall his Place any more behold him. His Children shall seek to please the Poore, and his hands shall restore their goods: His bones are full of the sinne of his youth, which shall lie downe with him in the dust. Though wickednesse be sweet in his mouth, though hee hide it under his tongue: though be spare it, and forsake it not, but keep it still within his mouth.

Yet his meat in his bowels is turned, it is the gall of ashes within him. He hath swallowed down riches, and hee shall vomite them up againe, [40] God shall cast them out of his belly: He shall suck the poyfon of Aspes, the Vipers tongue shall slay him: He shall not see the Rivers, the floods, the brookes of honey and butter; That which he laboured for, hee shall restore, and shall not swallow it downe; according to his substance shall the restitution be, and he shall not rejoyce therein.

Because he hath oppressed, and hath forsaken the poor, because he hath violently taken away an house which be builded not: surely hee shall not finde quietnesse in his belly, hee shall not save of that which hee desired.

There shall none of his meat be left, he shall be in straites; every hand of the wicked shall come upon him: When he is about to fill his belly, God shall cast the fury of his wrath upon him, and shall raine it upon him, while he is eating.

He shall flie from the iron weapon, and the bow of steel shall strike him through: it is drawne, and commeth of the body: yea, the glistering sword commeth out of his gall; terrours are up in him: all darknesse shall be bid in his secret places; & fire not blowne shall consume him: it shall goe ill with him that is left in his Tabernacle. The heaven shall reveale his iniquity; and the earth shall rise up against him: the increase of his House shall depart, and his goods shall flow away in the day of his wrath? This is the portion of a wicked man from God, and the heritage appointed unto him by God.

Consider and apply these Judgements to your selves yee wicked Lawyers, (if you apprehend your selves to be guilty of the blood, and of grinding the faces of the poor, by your professions, and especially you grand Lawyers, (who are out of your element) in the House of Commons, by your practises.)

And as the Psalmist saith well of wicked men, Psal. 73. 5. &c. They are not in trouble as other men, neither are they plagued like other men: their eyes stand out with fatnes, they have more then their heart can wish, they are corrupt and speak wickedly concerning oppression, they speake foolishly, they set their mouth against the heavens, and their tongue walketh through the earth: therefore the people returne hither, and waters of a full cup are wrung out to them. And they say, how doth God know? and is there knowledge in the Most High: Behold these are the ungodly who prosper in the world, they increase in riches.

But in the 18. verse it is said, Surely thou (O Lord) didst set them in slippery places, thou castest them down into destruction.

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And in the 49. Psal. 16. hee saith, Bee not thou afraid, when one is made rich, when the glory of his house is increased, for when hee dieth, hee shall carry nothing away, his glory shall descend after him, &c. And in the 50. Psalm. 16, &c. But unto the wicked, God saith, What hast thou to doe with my statutes, or that thou shouldest take my Covenant in thy mouth: seeing thou hatest instruction, and castest my words behind thee. When thou sawest a thief, then then consentedst with him, and hast been partaker with Adulterers. Thou givest thy mouth to evill, and thy tongue frameth deceit. Thou sittest and speakest against thy brother, thou slanderest thine owne mothers sonne. These things hast thou done, and I have kept silence: thou thoughtest that I was altogether such a one as thy self; but I will reprove thee, and set them in Order before thine eyes. Now consider this, yee that forget GOD, lest I teare you in pieces, and there be none to deliver. Whoso offereth praise, glorifieth me, and to him that ordereth his conversation aright, will I shew the salvation of God.

But as the Prophet Jeremiah saith, chap. 23. &c. But this people hath a revolting and rebellious heart; they are revolted and gone: neither say they in their heart, let us now feare the Lord, our GOD, that giveth rain, both the former and the latter in his season, hee reserveth unto us the very appointed weeks of the harvest: your iniquities hath turned away these things, and your sinnes have withdrawen good things from you. For among my people are found wicked men; they lay wait, as hee that layeth snares, they set a trap to catch men. As a cage is full of birds, so are their houses full of deceit, therefore they are become great, and waxed rich. They are grown fat, they shine, yea, they overpasse the deeds of the wicked they judge not the cause, the cause of the fatherlesse; yet they prosper, and the right of the needy doe they not judge.

Shall I not visite for these things, saith the Lord, shall not my soul be revenged on such a Nation as this? A wonderfull and horrible thing is committed in the Land, the Prophets Prophesie, falsly, and the Priests beare rule by that means, and my people love to have it so, and what will yee doe in the end thereof.

But to returne to our former matter, especially the grievances of the Nation; (through the mistake of the Printer, in omitting of some Manuscripts) and the absence of the Author, when the Monopolies in the former part of this Book were expressed; as chiefly that soul-starving, or murthering Monopoly, in hindering the free passage of [42] the Gospel, by extorting the prices of Bibles, which the false self-loving Stationers, as deadly enemies to all goodnesse, have been enterprizing a long time to obtaine, and against all common freedom, to engrosse into their owne hands the sole and only selling of them, by which meanes, they intend to tell at what rates soever they please, though already they sell at double the rate that honest wel-affected Common-wealths men may print and sell them, and also be conscionable gainers by them:

So of all Monopolies or Patents, next the monopolizing, of ingrossing the Preaching of Gods Word into the Tything and gripeing clawes of the Clergy: this is the most wicked and intollerable, because it deprives many, both poore servants, and others of meane condition to buy any Bibles at all, by reason of the extraordinary dearth or dearnesse of them, that thereby they might be instructed in the way to heaven and happinesse; and taught their duty also towards their Masters, and the Magistrates; whereby it is evident, that those Stationers, thus enterprising, are self-seekers, and as great enemies to the Common-wealth, as they are to all goodnesse.

And besides, they employ the Bishops old Theeves and Roagues about their robbing affaires, as Hunscott their Beadle for one, and a tall pale-faced fellow for another, who lately with their base crue of robbing Partners, under pretence of Parliamentary Authority, to search for dangerous Bookes, have robbed divers honest mens houses in London, who have been the Parliaments best friends and servants, and particularly. Lieutenant Colonell Lilburnes house, who being Prisoner in New-gate, and his wife with him, and she great with Childe, and neer her time, those robbers took advantage of their absence.

And none being in the House, but an old Gentle-woman at that time, whom they much frighted; as they did a young Gentle-woman in another place, to the great danger of her life (insomuch that she cryeth out in her terrible Fever, (Hunscott, Hunscott) ) they ranne up into the Chambers & stole out of his wives Drawers, divers pieces of her Child-bed linen and such other things as they pleased, and refused to shew the Old-woman what they had stollen, though shee earnestly intreated them.

And in other the Parliaments freinds houses, under the colour of Parliamentary Authority, they at least doe rob all choice old books, [43] as well as new, upon all occasions of such grievous oppressions, and unexpected persecutions.

And not only hath this base fellow Hunscott this so needfull and profitable Office of Robbing, but it is reported, that hee hath also another as needfull and profitable, for he gathereth the Excise for Cattell, and Hats, &c. which with the former, is esteemed to be worth 500 l. per aunum to him.

Oh! what a cleer demonstration of future and intended slavery may be well and cleerly perceived by any (who have but halfe an eye) to begin againe among us (though after more hidden and obscured wayes then formerly) when such sturdy Roagues, bold Robbers, shamelesse covetous, and impudent Tyrants as this, or his fellows, are authorized and sent from bigh Judicatories, upon such ungodly & barbarous designes, & inhumane enterprizes, & yet found good enough also to be imployed in the great Affaires of the Kingdom!

Is there never a conscientious nor honest man left unkilled, exiled or imprisoned, that hath the feare of God, & done good & faithfull service to the State, there would be some colour of excuse, that such abjects and off-scourings of mankind should be accepted, and well-deserving worthy men quite rejected? Well, these are brave times for the wicked, who are advanced by the ruine of the godly, the allowed thiefe permitted to rob and destroy the honest man, the rich to rob, plunder, and sequestrate the poore, untill they can get no more, but when they have gotten all, and done with all what they please, it rests only that the poore also, in their turne, render them the like measure, and finde out their Riches for the States service, which all this heavy time they have saved, whiles poore mens estates have been exceedingly destroyed.

But as the Water-men at Queen-hive doe usually cry, Westward hough, hough, so according to the present current of the times, most honest men have more then cause to cry in the Water-mens language, Ægypt hough, hough, the house of Bondage, slavery, oppression, taxation, heavy and cruell, heavy and cruell, wee can no longer beare it, we can no longer beare it, wee can no longer beare it, wee are as much provoked & forced to cast off all our yoakes and crosses from our shoulders (except only that of Persecution) as ever any people or Nation, though no People or Nation under heaven have been more free, beneficiall and helpfull to those whom wee intrusted to help and deliver us from oppression, [44] which saith the Wise-man, is enough to make wise men mad.

According to the Parliaments Declaration, in their own words, expressed on the second page of this book, is it not justly said, that if the Generall of an Army should turn the mouthes of his Cannons against his owne Souldiers, would not that his attempt contrary to the nature of his trust and place committed unto him, ipso facto, estate the Army in a right of disobedience, (even by standing on their own defence, as the Parliament themselves doe (and we also in helping them, or else where had they been, against the fury of the King, which Salomon calleth, like the roaring of a Lion; except wee thinke that obedience binds men to cut their owne throates, or at least their companions, so (as they truly teach us) it is the equitie and not the Letter of the Law, unto which wee must have recourse in our greatest necessity, as the Parliament themselves were forced to doe, and still doth in this their owne extremity.

But some will say, that our bondage is not yet so bad as that of Ægypt was, for all the Jewes were in great bondage under the Egyptians, and yet many of ours are exempted; unto that I yeeld, and doe confesse, that few of our great and mighty men doe either work the clay, or make the bricks; but they lay either all, or most part of the burthen on the poor by heavy labour, and sweat of their browes in the heat of the day, not only in working the clay, and making of the bricks, but if they doe complaine to Higher Powers, upon their cruell and Tyrannous Task-masters, they are so farre from getting any kind of Justice, that because they moaned and complained, and groaned under such heavy and grievous burdens that they were not able any longer to beare or indure, they are further ordained (even for their complaining) to gather stubble too, because they are so idle.

Innumerable instances there are throughout these three mourning and bleeding Kingdomes, to prove all these businesses, but I will onely chuse a Citie instance, and let every man who is in his profession after that manner grieved and wronged, turne the simile home to himself, according to his smart; Though the poore Hatmakers, who earne their living with heavy and hot labour, both early and late, doe pay Excise both for all the materialls, and fire which they use, for the bread they eate, for the liquor they drinke, and clothes they weare, yet when they have made their Hatts, and [45] done all they can with great trouble and toyle, day and night, they are forced to pay Excise over againe out of their very labour, notwithstanding it was both so deare and heavy in buying all the necessaries before.

O cruell, pitifull, lamentable and intollerable Bondage, no longer to be indured, suffered, nor undergone, the burdens being far heavier then the poore labourers can beare; and yet the Spirituall Task-masters doe gape, and roar like Lions for their prey of Tythes, also over, above, and besides all, without any kinde of pitie, compasion or commiseration, in these grievous daies of affliction.

When this Kingdom was in any way or possibility of subsistance, the anntient custome was, that Taxations should be raised by way of Subsidie, which is the most just, equitable, and reasonable way of all, for it sets every tub on its owne bottome, it layes the burthen upon the strong shoulders of the rich, who onely are able to beare it, but spareth and freeth the weake shoulders of the poore, because they are scarcely able to subsist, pay rent, and maintain their families.

But our new invented pay, layes the burden heavily upon the poore, and men of middle quality or condition, without all discretion, and scarcely maketh the rich touch it with one of their fingers: yea, many of them are more and more advanced in their prosperous estate, through the great ruines, distractions, and miseries of the Kingdome, by their great salleries they have for executing their places, as 500l. 1000l. 1200l. and more, per annum, besides all the bribes they get, and the false Accounts they make; So that in this life, the rich have their pleasures, but poore Lazrus paines.

Seeing the Parliament ordained, that none should be accepted to be a Parliament-man, that had been a Monopolizer to the Kings Counsell, and false Judges against the Liberties of the free-men of England, is it not as unjust to imploy any man in a place of Trust, Credit, or profit now in Parliament time, that have been known to be a Monopolizer in any place or Office to or for the Parliament, to the prejudice of the Free-men of England?

Further it was omitted in the former part of this book, where complaint is made both of injustice to well-doers, and no justice to evill doers, that (according to the Parliaments booke of Declarations, pag. 259. and 260.) Whosoever shall save or assist the King in these [46] Warres, are Traytars by the fundamentall Lawes of this Kingdome, and have been so adjudged by two Acts of Parliament. 11. Richard 2. 1. Hen. 4.

And pag. 576. of the said book, It is declared by the Lords and Commons assembled in Parliament, that whereas the King, seduced by wicked Counsell, doth make warre against his Parliament and People, and for the promoting of that war, divers forces both of horse and foot have been, and are leavied and raised by severall persons, and his Majesties good Subjects are most crueliy robbed, spoiled and slaine.

To the end that no man may be misled through ignorance, the Lords and Commons in Parliament declare, that all such persons as shall upon any pretence whatsoever, assist his Majestie in this warre with Horse, Armes, Plate or money, are Traytors to his Majestie, the Parliament, and the Kingdome, and shall be brought to condigne punishment for so high an offence.

Yea, and according to the book of Articles for Warre, pag. [Editor: missing text] It is enacted to be death unto any whosoever, who holdeth Intelligence and correspondency with the enemy.

All which Sir John Lenthall, and the Speaker his Brother have done, and yet is must neither be proved against them, nor they tryed nor arraigned, but altogether excused, cleered, and freed, even by Vote of Parliament, and the accusers both prisoned and arraigned for them; yea, & a Committe chosen to devise and inflict punishments against the Accusers, so that still the just are condemned, and the wicked absolved.

Psal. 9. 18, 19. For the needy shall not alway be forgotten: the expectation of the poore shall not perish for ever: Arise, O Lord, let not man prevail, let the Heathen be judged in thy sight. And 12. 5. For the oppressions of the poor, for the sighing of the needy, now will I arise, saith the LORD, I will set him in sefety, from him that puffeth at him. And 35. 10. All my bones shall say, LORD, who is like unto thee! which delivereth the poore from him that is too strong for him; yea, the poore and the needy from him that spoileth him? And. 37. 14. The wicked have drawne out the sword, and have bent their bow, to cast downe the poor and needy, and to slay such as be of upright conversation.

And 62. 9, 10. Surely men of low degree are vanity, and men of high degree are a lie, to be laid in the ballance, they are altogether lighter then vanity. Trust not in oppression, become not vaine in robbery; if riches increase, [47] set not your hearts upon them. And 74. 19. O deliver not the soul of thy Turtle Dove, unto the multitude of the wicked, forget not the Congregation of thy poore for ever. And 82. 3, 4, 5. Defend the poore and fatherlesse, doe justice to the afflicted and needy. Deliver the poore and needy, rid them out of the hand of the wicked, they know not, neither will they understand: they walk on in darknesse, all the foundations of the earth are out of course.

And 92. 6, 7. A bruitish man knoweth not, neither doth a fool understand this; When the wicked spring as the grasse, and when all the workers of iniquity doe flourish, it is, that they shall be distroyed for ever. And 118. 8, 9. It is better to trust in the Lord, then to put confidence in man. It is better to trust in the Lord, then to put confidence in Princes. And 146. 3. Put not your trust in Princes, nor in the sonne of man, in whom there is no helpe.

Isaiah. 10. 1, 2, 3, 4, 5, 6. Woe unto them that decree unrighteous decrees, and write grievous things, which they have prescribed. To turn aside the needy from judgement, and to take away the right from the poor of my people, that Widdows may be their prey, and that they may robbe the fatherlesse. And what will ye doe in the day of Visitation; and in the desolation which shall come from farre? to whom will ye seek for help? and where will ye leave your glory? Without me they shall bow down under the Prisoners, and they shall fall under the slaine, for al this his anger is not turned away, but his hand is stretched out still. O Assyrian, the rod of mine anger, and the staff in their hand is mine indignation. I will send him against an hypocriticall Nation; and against the people of my wrath, I will give him a charge to take the spoile, and to take the prey, and to tread them downe like the myre in the streets.

FINIS.

The chiefe faults escaped in the printing, either through the Authours absence, or the Correctours negligence.

In page 4. l. 22. read the last but one of. p. 5. l. 2. read and that. & l. 7. read for the same. p. 7. l. 37. r. and justly for hence justly. and read may condemne for may not condemne. p. 9. l. 20. r. of which you may. and l. 32. r. are rulpable. p. 10. l. 19. r. publick for bublick p. 15. l. 18. r. that call evill good, and good evill. and adde to the next [48] line, Joh 14. 4. Who can bring a clean thing out of an uncleane? not one. read 25. 4. and Psalm. 51. 5. p. 16. l. 16. r. to prison without cause shewed. and l. 18. r. to force him to commit a crime. & l. 26. r. and then make for and then to make p. 17. l. 14. r. strengthned for streightned, l. p. 37. l. 18. r. suites for suite, p. 39. l. 1. r. according to those, for, according those. p. 40. l. 23. r. consuler, for cnsider. p. 43. l. 16. r. If there were, for, Is there.

THE POSTSCRIPT,

Containing divers sentences belonging to severall passages of this Book, which were in their due places omitted, and here at last remembred.

ADde to page 16. l. 29. So that first, he was committed by Order and Vote of Parliament, without cause shewed, and then secondly, for refusing to answer upon Interrogatories to their Committee of Examinations; which is contrary, 1. To the Great Charter of England. 2. To the very words of the Petition of Right. 3. To the act made this present Parliament, for abolishing the Star-chamber, 4. To the silemne Oath and Protestation of this Kingdome. 5. To the great Covenant and Solemne Vow, made upon paine of eternall damnation; for uniting the two Kingdomes together. 6. And must principally of all, contrary to the infallible Rules of Gods own must sacred Word, which forbids that any man should answer upon questions to accuse, condemne, and consequently to kill and destroy himself, or that any man should be condemned before he be heard. And 7. Contrary to all justice, equity, conscience, sense, reason, the very practise of the Romish Heathens, love, duty, brotherly affection, Christianity, Reformation, Comiseration, or Compassion. 2. 8. Contrary to the Kingdoms great trust, committed by their grand Commission to the Parliament, for defending and improving, and no wise for destroying nor disannulling their Liberties, and so alwayes for the Weale, but never for the woe of the Free-men of England, otherwise they are not only to be bidden take heed to their injustice, but to be called to an account, and censured accordingly.

That in regard the Kingdome is in so pittifull and great distresse, and that the most and best things that ever, this Parliament did, were first motioned by private men, and then authorised and established by them: it would be excellent and needfull, if they would ordaine, that every freeman of England, who is able, would bestow his service one yeere at least, freely for the good of the Civill State, in any Place or Office of Trust, whereof his skill and breeding doe fit him ; to be most capable, according as they shall be chosen, and those who are not able to serve freely for a, [49] yeere, and to have competent maintenance allowed unto them, to the value of 50. or 60l. a yeere, according to their charge; if such be chosen for their skill and diligence, though they want outward means: for which allowance, those that are conscienscious, will doe as good service, at least, as some others, who have 1000. or 2000. a yeere.

The like rule is no lesse, but rather farre more excellent and needfull, to be observed and established in matters concerning the Church-state wherein her servants are to performe their duties freely, they being able to maintain themselves, and those with them, whether by means obtained formerly, or industry used daily; otherwise, to have the like allowance of 50. or 60l. a yeere, according to their charge.

And that the remainder of all Church-living, obtained by the subtilty of Antichrist, be now wholly imployed to the supply of the Kingdomes manifold present necessities, and after the Warres are ended, to the payment of the Kingdoms great debts, contracted upon the publick faith.

But if in case, that the Clergy or any of them shall not be content with the aforesaid allowance, which is sufficient for as honest men, that then it might be free for those whom God shall be pleased to fit with sufficient abilities to supply their places freely: to the intent, it may not be said of them, as of the Scribes and Pharisees, that they shut up the Kingdome of heaven, and will neither enter in themselves, nor yet suffer those that would. Matth. 23. 13. Luk. 14. 52.

In the Appendix of one of Mr. Prinnes bokes, authorized by the Parliament, called The Soveraign power of Parliaments and Kingdoms, beginning at pag. 1. It is manifested by sundry Histories & Authours, that in the ancient Roman Kingdome and Empire, in the Greek and German Empires, derived out of it, in the old Grecian, Indian, Egyptian Realmes, in the Kingdome of France, Spaine, Italy, Hungaria, Bohemia, Denmark, Poland, Swethland, Scotland, yea of Judah, Israel, and others mentioned in the Scripture, the supreame Soveraignity and Power, resided not in the Emperours and Kings themselves, but in their Kingdomes, Senates, Parliaments, People, who had not onely power to restrain, but censure and remove their Emperours & Princes, for their tyranny and mis-government; Where also there is an answer to the principall Arguments to prove Kings above whole Kingdomes and Parliaments, and not questionable nor accountable to them, nor censurable by them for any exorbitant actions.

The 4. page, 6. 7. 10. 11. 13. 17. 101. 112. 123. 125. 150. 151. 153. 154. 159. are most excellent for deciding those differences, which I referre to the juditious and courteous Reader to peruse at his leisure.

FINIS. Printed Octob. 1645.

Endnotes

[1] And we are sure, no more hath the Parliament, and yet they themselves dispose of the Common-wealths money to themselves, for their own particular advantage, to the great detriment of those that chused and trusted them, for which they may as iustly question them as they have done the King.

[2] See his notable Declaration, beginning, 2. part book decl. pa. 100. read pag. 447. 445. Ibim.

[3] Numb. 30. 2. Deut. 23. 12. 23. Zach. 5. 4. 5.

[4] If so then as Samuel said to Saul, 2 Sam. 15. 14. What meaneth then this bleating of the sheep in my eares, and the lowing of the Oxen which I heare.

[5] Out of thy owne mouth will I iudge thee, Luke 19. 22. for if this diffinition of tyranny, be true we are very sure we are under it.

[6] We say no more but wish you had not.

[7] No not so, for you have a power to carve for your selves which you doe.

[8] See I part of b. decl, pag. 696.

[9] Which undoubtedly will, if the word of God be true Num. 30, 2. Deut. 23. 21. 22. Eccle. 5. 4 5. Zec. 1 4 5.

[10] Mark it well.

[11] Observe this well yee free men of England.

[12] Marke it well yee Commons of England.

[13] That we absolutely deny, and therefore if the blind lead the blind they must needs fall both into the ditch.

[14] And if the people should doe themselves right, what should become of the Earle of Manchester old Sir Henry Vaine, Mr. Barwis, &c. for visibly betraying their severall trusts. See Englands Birth-Right, and in Iohn Musgraves bookes, &c.

[15] Above all here expressed take speciall notice of this undeniable and avowed principall.

[16] A Declarat. May 19. 1642. Remonst. May 26. 1642.

[17] A clause of 11. of Hen. 6.

[18] Coll. of decl. pag. 264. 336. 382. 508, 613, 705. 711. 716. 721, 724. 725, 726. 729. 730.

[19] coll. dec. pag. 361, 663. protestation and covenant.

[20] coll. decl. pag. 81. 172. 262. 266, 267. 340. 459. 462, 487. 473, 588, 690.

[21] col. dec. p. 464, 490, 750.

[22] col. dec. pag. 214.

[23] col. dec. pag. 666.

[24] Ier. 22-15, 16 17.

[25] col. dec. pag. 666. 673.

[26] col. dec. p. 264. 281. 494. 697. 497. 654, 694, 696.

[27] col. dec. p. 738. 140, 845,

[28] pag. 660. dec. 460, 673.

[29] Magna Charta 29. Sir Ed. Cook 2. part institutes fol. 28. 29. 46. Rot. 2. 14. Ed. 3.

[30] col. dec. 6, 7. 8.

[31] 5. Ed. 3. 9. 25. Ed. 3. 4. 28. Ed. 3. 3. 37. Ed, 3 8 38. Ed. 3. 9. 42. Ed. 3. 3. 17. Ri. 2. 6. Rot par 43. Ed. 3. Sir 10. [Editor: illegible word] case, Num. 21, 22, 23, &c. lib. 10. fol. 74. in case [Editor: illegible word] marshal. fea. see Cook, 2. part inst. fol. 46.

[32] 2. part inst. 4.

[33] 2 part inst. fol. 53. 56.

[34] Rot. Par. 2. 1. H. 4. Mem. 2. Num. 1. 27. 2. part Inst. fol. 51. 4. part. inst. fol. 41. book decl 38. 39. 77. [Editor: illegible word] 277. 278. 458. 459. 660. 845.

[35] book dec. 1 part. 127, 174. 244, 253, 282. 284. 285. 312. 313, 321. 322. 467. 490. 514. 516. 520. 521. 532. 533. 534. 535, 537. 539, 541. 543. 555. 560.

[36] col. dec. p. 723.

[37] See Cook. 2. part. inst fol. 187.

[38] 3. Ed. 2.. 3. 37. E. 3. 18. 38. Ed. 3. 9. 2. K. 2. 5. 17. R. 5. 6. 2. P. and M. 3. 1. Eliz. 6.

[39] 9. H. 2. 29. 2. 2. E. 3. 8. 5. E. 3. 9. 14. E. 3. 14, 11. E. 2. 10.

[1]

THE IVST MANS IVSTIFICATION· OR A Letter by way of Plea in Barre;

Written by L. Col. JOHN LILBURNE, to the Honourable Justice Reeves, one of the Justices of the Common-wealths Courts, commonly called Common Pleas.

Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered.

1. In getting him cast into prison for many weekes together, without prosecuting any charge against him.

2. In arresting him upon a groundlesse action of two thousands pound in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high Treason given in against Col. King, and now depending before the Honourable House of Commons.

In which Letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate Court of Justice whatsoever.

Levit. 19.15.

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

SIR,

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

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

[2]

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

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

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

That when he was last before Newarke, he sent for a Captaine who kept Crowland, who obeyed his command, yet sent word to him of the danger that that Towne was in, and therefore desired his second pleasure, which was that he should march, who accordingly did, the Gentlemen of the Country, scaring the enemy, procured Major Ireton to send 100. Musquetiers to keepe Crowland, which he hearing of, tooke ill, That any without order from him should come into his· liberties, and commanded them to be gone, who accordingly departed, the Enemy presently surprized the Town, and those few that he had left in it, by which meanes he betrayed the Town unto the Enemy, which was not regained without much charge hazard, and losse of many mens lives.

And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of Grantham, these Artickles with the rest, having there hung ever since without a finall determination, King knowing that I was a main witnes against him, in divers of the things laid to his charge, and bearing a malignant and inveterate mallice against me, for opposing him in his unjust and unwarrantable actions, (while I was his Major, and for discovering of them, and often complayning of him to the Earle of Manchester and Lievt. Gen. Crumwell &c.) to be revenged of me, did upon the 19th. day of July 1645, plot, contrive, and by lying and falce suggestions to some members of the House of Commons, caused me to be committed as a prisoner, and as a prisoner, by vertue of that his unjust procurement, I lay till the 14th. of October 1645. to [3] my extraordinary charge and dammage, yea, and to the hazard of my life, as I could easily, truly, and undenyably demonstrate.

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

Die Martis 14. October, 1645.

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

To the Keeper of Newgate or his Deputy.

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

And that King was the instrumentall cause of my imprisonment, appeares clearly to me, by what I find recorded by his good friend and my grand enemy Mr. Prinne, in the latter end of the 6th. Page of his booke intituled the Lyer confounded, and by what J find recorded under Kings hand in the 8th. page of his co-partner, Doctor Bustwicke Booke, written against selfe, for although Doctor Bastwick be now my bitter Enemy, and his hand be with Kings to the Information which Doctor Bastwick here saith was put into the House of Commons against me: yet I am apt to thinke that King was the Ringleader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe.

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

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

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and J am the rather confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal'd the doom of cowardice and trenchery, he being Colonell Kings very good friend and councellor, and therefore his words in this case are of the more weight and authority Titus 1.12. being a professed adversary to me, who citing the Rolles of Parliament of [4] the 1. R. 2. num. 38, 39, 40. which containes the case of Gomery and Weston, hath these observations and inferences from them, in the 7th. page thereof.

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

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

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

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

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

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

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

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

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

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

Thus far the words of an adversary to me, and Kings especiall friend and councellor, and therefore of the more weight and authority. Titus 1.12, 13.

Therefore my Lord, laying all these things together, as 1. Col. King and J being both Soldiers under one Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & [5] Souldier; for transgressing against which Artickles, many in a martiall way have lost their lives, and no other visible Rule that J knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly conceive) wee are not to be tryed by the Rules of the Common Law, (which I thinke no man in the world fully and truly knowes) for our actions committed in our souldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, By the State Legall & representative, and by my Generall from whom I had my Commission, and according to the private commands of Lievtenant Generall Crumwel, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any actions that tended to the ruine of Salus Poppuli, The safety of the People, or the State universall, and he promised me upon his Honour and Reputation, that he would doe the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln Shire, and that Country being lately wonne out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the Generall, (saith he) wee are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he lookt then as an active popular man, who promised to do mighty things for the good of that Country, and the Publique.

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

But King being puffed up with his Command, tooke upon him an absolute regall tyranicall authority over all his Officers, but especially those that were betrusted in Commission aswell as himselfe, and to do his chiefe actions by the rule of his own will, without their privity or advice, which tended to the ruine of all that were under him, and consequently of that whole country, he having treacherously lost Crowland, and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the making known whereof, with his cariages at Newarke Siedge &c. cost me in sending posts to the Earle of Manchester, and Lievtenant Generall Crumwell, then, in or about Cambridge, I am very confident 20. or 30. l. which so madded him, that he imprisoned Major Rogers for daring to go and complain against him, I being in those straights in regard of the charge I had taken upon me, that I durst not stir my selfe, till all was cleare, without feare or danger of an enemy, he having already by the Law of his own will, cashiered his Lievtenant Colonell, without ground or cause, and endeavoured the apparent destruction of Capt Camebridge, and all the honest, zealous, and conscientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soon as I durst leave my charge, I posted away to Bedford, where I found my Generall, and Lievetenant Generall Crumwell, and tould them both fully [5] of Kings cariage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, aprobation and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he set them about, and that the Committee of Lincolnshire had paid him diverse thousands of pounds to pay his Officers and Souldiers at Newarke Siedge, but J could not heare that he paid one penny to any Officer there, and for my own part J am sure J could not get a penny from him, although J am confident J tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did.

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

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (as Mr. Prinne in the 2. page of the foresaid booke recordeth) was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the second; for departing in discontent from the Army, at the siege of Barwick, by meanes whereof it was not taken, and the siege raised; then I desire to know what Colonell King deserveth, that at the siege of Newark carried himselfe so, that hee did raise discontents, and little better then mutinies, by meanes whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdome.

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

I further told him, that the Towne of Boston had been in extreame danger, for after Lincolne was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would assault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibiltiy to defend the Towne of himselfe at the present, that therefore (the Towne being [7] of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell Walton, then Governour of Linne, to intreat him to lend him at his great need and strait 4. or 500 men, to defend the Towne, till such time that he could get his owne Regiment againe together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his owne Jurisdiction, which the Linne men would do, (he said) if they come, at which, I being exceedingly troubled, that he should preferre his owne domination before the preservation of so considerable a Towne and Garrison, it made mee beleeve hee intended to betray it.

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

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

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

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hall, debated with him his positive command, and with much adoe prevailed that himselfe and a great part of his Souldiers should stay to defend the Town, and my selfe being left by Col. King, with the consent of the Major and Aldermen, to take care of the [8] towne, I went to Major Frankling, and desired him to go with me to Colonell King, to know what Amunition he had in his Magazine, who assured us upon his reputation, that he had a hundred barrels of powder, and all things fitting besides, and therefore bid us take no care for Ammunition and, being very busie in sending away men, guns, &c. to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and an other sent him, he sends his warrant to the Magazine Keeper, for ten barrels more, not signifying one word of his mind to me, who was then betrusted with the Towne, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine:

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

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

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

And I being by the Generall sent post to London to the Committee of both Kingdoms, about his marching to take Lincolne againe, and from thence to march to York, to joyne with the Scots, I in the third place ceased not to put that (which lay upon me as a duty) forwards, as soone as an opportunity served, and renewed my complaint against him at Lincolne, and desired it might receive a faire hearing before the Generall and a Counsell of Warre, and that justice might be done according to the rules of Warre, and Mr. Archer and others of the Committee of Lincolne, drew up a very hainous charge against King, and laboured hard for a triall, and in the third place the Major, Aldermen, and towne Clerke, of Boston, came to Lincolne with their Articles against him, which were home enough, and to my knowledge pressed Leu. Gen. Crumwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of warre, but we could not all prevaile, the reason of which I am not able to render, vnlesse it were that his two Chaplains Lee, [9] and Garter, prevailed with the Earles two Chaplains, Mr. Ash and Good, to cast a cleargy mist, over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confidently say, if there we had, had but faire play, and justice impartially, King had as surely dyed, as ever malifactor in England did, and to use the words once againe of his owne bosome friend, and Counseller, Mr. Prinne, in page the 6 of the fore cited book,

if the late Baron of Graystock, who was a Lord, and one of the Peares of the Realme, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the towne of Berwick: The said Barron perceiving afterward, that the said Grandfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said towne of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Barron, for to keep safe the towne of Barwick to the said Grandfather, and the said Barron went as an horse-man to the said parts of France, to the said Grandfather, and there remained in his company. During which time an assault of warre, was made upon the said Towne of Barwick, by the said Scots, and the said Robert as Leiu. to the said Barron, valiantly defended the same, and at last by such forceable assaultes, the said Towne was taken upon the said Robert, and two of the sonnes of the said Robert there slaine in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Towne, to the said Grandfather, and departed himselfe without command of the said Grandfather, and the said towne of Barwick lost, in the absence of the Barron, he being in the company of the said Grandfather, in the parts of France, as aforesaid, It was adjudged in Parliament, before his Peares, that the said Towne was lost, in default of the said Barron, and for this cause he had judgment of life, and member, and that he should forfeit all that he had.

I say if this Lord, deserved to dye who left a Deputy so manfully to defend the Towne, and also was himselfe with the King in the service, much more King, meerly in reference to Crowland singly, who being Governer thereof, and having placed Captaine Cony therein as his Deputy, with a company of men, sent for him in a bravado humour to Newwarke, when he had no urgent necessity for him, unlesse it were that the world might see the bravery of his Regiment, w^th by his agumentation amounted to about 1400, when Cap. Cony certified him, that the Towne being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him againe, and did command him away, and put in a guard of slander and unsafe men, which presaged alosse of it to the Committee residing in Holland, upon which they acquainted Commissary Gennerall; Ireton then Deputy, Governour of the Ile of Ely, and ernestly intreated him to send a strong guard to preserue and keep it, and he accordingly sent (as I remember) Captaine Underwood, astout man with about a 100 souldiers &c. of which when King heard, he was exceding mad, and did write a most imperious bitter letter, to command them out of his Jurisdiction, where upon they were necessitated to depart, and leave Crowland to his owne slender and treacherous guard, by meanes of which, within a little while after the Enemy had advantage to supprise that Towne without oposition, or difficulty, and did it, so that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Towne, which was not regained without much hazzard and losse, the expence of a great deal of treasure and many mens lives, the blood of all which he [had] upon his head, for the losse of which alone (besides his treachery both to the state universall and representative) [10] he ought to dye without mercy, by the Morall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any Ceremoniall Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking to Noah and his sons, saith thus:

And surely your blood of your lives will I require· at the hand of every beast will I require it, and at the hand of man: at the hand of every mans brother will I require the life of man.

Who so sheddeth mans blood, by man shall his blood be shed, for in the Image of God made he man, reade Revel. 13.10. But King, though his owne hands did not murder the souldiers that lost their lives in taking it in againe, yet he was the true fountaine and cause wherefore their blood was shed, Deut. 22.8. Judg 9.24. 2 Sam. 12.9. having apparently, by his wilfulnesse and treachery, lost the Towne; and therefore, wilfull blood being upon his heat, he ought to make a legall satisfaction, and expiation by his owne blood: I wish with all my soule the Parliament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unrepealable law of God, that so wilfull murderers and blood-thirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdome, Gen. 4.10, 11, 12. Deut. 19.10. Psal. 106.38. Jer. 7.5, 6. and 19.2, 4 Lament 4 13, 14. Hosea 4.2, 3 Joel 3.19. Heb. 2.8. which cannot be expiated but by the blood of him that shed it, Numb. 35.33. Deut. 19 12, 13. 2 Sam. 4 11, 12, 1 King. 2.5.6. 31, 32, 33. and 21 19. and 2 King. 9.7, 8, 9, 10, 36.33. and Chap. 24. 2, 3, 4. but especially that you would thinke upon the grand Murtherer of England (for by this impartiall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barons, Judges, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. lyes, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of one Abel, cry'd so loud for vengeance in the eares of God, against Cain, that God cursed him and all he went about: How much more will the blood of thousands, and ten thousands of innocent persons, that hath been lately shed in England, cry loud in the cares of God, for wrath and vengeance against those that have been the true fountaine and cause of it, for shal it is, and upon some body the guilt of it lyes; and therefore it is but a folly and madnesse, for the King, Parliament, or People, to talke of peace, till inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull sheders of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35.31. That there shall no satisfaction be taken for the life of a murtherer, but that he shall surely be put to death, and in vers. 33. God declares that the shedding innocent blood defileth and polluteth a Land, and that, that cannot be clensed of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that Manasseth shed in Jerusalem (although a King) God sent bands of the Caldeans, Syrians, Moabites, and Ammonites to destroy Judah, and remove them out of his sight, for the sinnes of Manassah their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24.2, 3, 4.

Yea, and because Saul (though a King) slew some of the Gahonites contrary to the Covenant made with them, God sent a famine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation, or satisfaction to be made therefore, but by the blood of him that had shed it; and therefore because he himselfe was dead and his blood could not be had, [11] seven of his sons (of his owne blood) must and was hanged up to make satisfactions therefore, Sam. 2.21.1, 2, 3, 4. to the 9.

My Lord, the unsufferable provocation of Colonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prinne, in a case of the like nature

It is the just hand of God, many times so farre to domenate the very wisest polititians, as to make themselves the principall contrivers of their owne infamy and ruine:

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

First my Lord, the House of Commons declaration April 17. 1646 tels me, that their intentions are not to change the ancient frame of Government within this Kingdome, but to obtaine the end of the Primitive institution of all Government, the safty and weale of the people, (amost goulden saying) but I am sure it cannot be for the peoples safety, nor welfare, to have their lives, liberties, and estates, Judged by a law, the entrings and proceedings of which are in Latine, and so without there understanding [12] there cases in Heathen Greeke of Pedlers French, and so beyond their knowledg, and man of their rules in the orracles of Judges breasts, whose judments many times have been destructive to the lives liberties and estates, of all the free men of England, witnesse there late Judgment in shipmoney &c. neiteer are such practizes agreeable to the Ancient constitutions of Kingdoms.

And secondly when God gives his law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their owne language, as first for Adam, the law God gaue him was plaine and short, with a declared penalty annexed unto it, Gen. 2.16.17. And the Lord God commanded the man, saying, of every tree of the Garden thou mayest freely eate. But of the tree of the knowledge of good and evil, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die. And his law in the 9. of Gen. about murther is as plaine as this, for who so sheadeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man, and so likewise when God comes to give a law unto the Isralites as a nation, yea· and that law which we call the Morrall law, and observe as binding to us to this day, he doth it in plaine words, without amibguous or doubtfull tearmes, short and in their owne tongue Exo. 20 and that the people might be at a certaintie, Moses as his Minister, and officer, writ, and reade it in the audience of the people, unto which they gave their consent, Exo. 24 4.6. and after that God writ them himselfe with his finger, and delivered them to Moses, that so the people might be taught them, Exo. 24.12. & 31.18. and chap. 34. yea, and in this plainnesse, was all the Lawes God gaue unto them, which he did not only barely ranke, and so let the people goe seeke them where they could find them, but he also with Majestie, proclaimes them openly and as if that were not enough, that so they might know the Law and not in the least plead ignorance of it, Moses declares it to them againe, and againe Deu. 5 & chap. 6. & chap. 9. & 11.

Yea and commands them to teach their Children, and to speak of them, when they fit in their house, and when they go abroad, and when they lie downe, and rise up, yea and that they should write them upon the posts of their houses, and upon their gates Deu 11.19.20. yea and that they should write them very plainly Deut. 27.8.

and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punnish men for transgressing a law they know not, and therefore saith Moses to Israel in the behalfe of the just God, and his law,

Its not hidden from thee, neither is it farre off It is not in Heaven, that thou shouldests say who shall go up for us to Heaven, and bring it unto us, that wee may heare it, and doe it; neither is it beyond the Sea, that thou shouldest say, who shall go over the Sea for us, and bring it unto us, that wee may heart it, and doe it: But the word is very nigh unto thee, in thy mouth, and in thy heart, that thou maist doe it, so (saith he) I have set before thee this day life and good, death and evill Deut. 30.11.12.13, 14.19

yea and that the generations to come, might not think that God dealt hardly with them, in exacting obedience from them, who lived not in Moses dayes, to heare the Law so sollemnly published, he delivers it a stnading Law (in future generations) unto the Priests Elders, and people, that at the end of every seaven Yeares, in the solemnity of the yeare of release, in the feast of Tabernacles:

When all Israell is com to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law before all Israell in their hearing. Gather the people together, men and women, and children, and thy stranger that is within thy gates, that they may heare, and that [13] they may learne, & feare the Lord your God, and observe to doe al the words of this Law: And that their Children which have not knowne any thing, may heare and learne to feare the Lord your God, as long as you live, Deut. 31.9.10.11.12.13.

So wee see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their owne tongue, and not in the language of strangers, and what care he takes to have it published and taught unto the people.

But if wee will but impartially read our English histories, wee shall clearely find, that the tedious, unknowne, and impossible to be understood, common law practises in Westnmister Hall, came in by the will of a Tyrant, namly William the Conquerer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law (Speed 424.) commonly called the law of Edward the Confess. and as Daniel saith fol. 44. set up new termes, new constitutions, new formes of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdome were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especiall penalty, with out further deferment, be finally decided in their Gemote or conventions held monthly in every hundred, he ordained, that

fewer times in the yeare for certain dayes, the same businsse should be determined in such place as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, was from the bosome of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history folo 5.) follow his Court upon all removes, which tired out the English Nation, with extreordinary troubles and excessive charges in the prosecution of their suites in Law, and saith fol 4. he also enacted, and established strait and severe Lawes, and published them in his owne language (as all the practizes of the Law, and all petitions and businesse of the court were) by meanes whereof many (who were of great estate, and of much worth) tough ignorance did transgresse, and their smalest offences, were gerat enough to intitle the Conquerour to the lands, and riches which they did possesse:

all which he seized on and tooke from them without remorse.

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

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

[14]

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

And Henry the third, in the 28th yeares of his Raigne confirmed the great Charter, which notwithstanding he continually broke them, and fetcht over the Poictonians, by the advice of his evill Councell, to over-awe his People, and annih late their Liberties, wherefore his Nobles &c. sent him expresse word, Thât unlesse he would amend his doings they would expell him and his evill Councellors out of the Land, and deal for the creation of a new King. Daniel. Fol. 154.

But I desire not to be mis-understood, for in the harshnes of my expressions again the Common Law, I put (as J conceive) a cleare distinction of it, from the Statute Law, which though there be many faults in it, as I could easily shew, yet I desire not here to say any greater evill of it then this, that the 28, 29. Chap. of Magna Charta, the Petition of Right, and the late Act for abolishing the Star-Chamber, are gallant Lawes, and the best I can find in the whole vollumnious Booke of Statutes, for in my apprehension they fall far short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weale of the People, for in my judgement, they do not positively and legally hold out a sufficient security to hedge about to keepe in peace and to preserve the splendor and glory of that underived Majestie and King ship, that inherently resides in the People, or the State universall, (the representation or derivation of which, is formally and legally in the State universall resentative, and none else, (whose actions ought all to tend to that end) against [Editor: illegible words] usurpations, and violences of all it's creatures, officers and Ministers, in the number of which are Kings themselves, from whom, and for whome they have all their Power and authority, as the executions of their will and mind, for their [15] good and benefit, to whom they are accountable for the faithfull discharge of that trust reposed in them, as not onely Scripture, but nature and reason, doth fully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Soveraign power of Parliaments, and Kingdomes, printed by speciall authority from the house of Commons.

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

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

My Lord, I hope you will not be offended at me for my plainesse, especially if you consider the necessities laid upon me, for I professe really, I am not able to imagine [16] any other remedy for my preservation but this, (having had my Petition about this businesse, above a month in divers of my friends hands in the House of Commons, but cannot get it read.

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

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

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

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

Your Lordships Servant, and a true bred Englishman,

JOHN LILBVRNE.

From my House in Halfe-Moon
Alley in Petty-France, near Bishops
Gate, Lond. Iune, 6th 1646.

The forementioned Petition thus followes,

[17]

To the Right Honourable, the Representative Body of the Commons OF ENGLAND:

In PARLIAMENT assembled. The humble Petition of Lievt. Col. IOHN LILBVRNE,

Sheweth,

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

That upon your Ptitioners discovery and making known both unto the Earl, & L. Gen. Crumwel, (according to his instructions and trust reposed in him) the malignancy, insolencies, and unfaithfulnesse of the said Col. King, to the State, in the neglect of his charge, & his bad usage of the Country, to the great dis-service of the Parliament, and danger of the losse of the whole Country, (Crowland being by him betraid unto the Enemy, and was not regained, without great charge and hazard, yea, and the losse of many mens lives, the said Col King was thereupon discharged, and put out of all his commands, and offices, (being then very many, and profitable) but was not brought to tryall for his said offences, at a Councell of Warre, which your Petitioner and others much endeavoured to have done. Whereupon Mr. Mussenden, Mr. Wolley, & divers others (Gentlemen of quallity) of the Committe of Lincoln, in August 1644. exhibited to this [18] Honourable House, severall Articles, (since printed) a Coppy whereof is hereunto annexed, against the said Col. King, thereby chargeing him with severall Treasons, Insolencies, setting up and exercising an Arbitrary, exorbitant, and unlimited power, over the Country, and Souldiery, with many other insolencies, and soule misdemeanors, all which are yet depending before this honourable House, and not yet determined, being some of them, for, or concerning the losse and surrender of Townes to the Enemie, through his treachery or negligence, and so the offence Capitall, and properly examinable, and onely tryable in Parliament, as appeares Rot. Parl. 1. Rich.. 2. Nu. 38.39.40. Rot. Parl. 7. Rich. 2. Num. 17.22.

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

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

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

And your Petitioner shall pray, &c.

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

[19]

Articles exhibited against Col. Edward King, for his insolencies

and misdemenors in the County of Lincoln, to the Honourable House of Commons, in August 1644. by Mr. Mussenden, Mr. Wolley, and divers others of the Committee of Lincoln.

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

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

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

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

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

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

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

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

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

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

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

12. That when the enemy tooke Grantham, they being brought [??] from one part of the town, wheeled about to fall upon the other side, at a place cal'd the Spittle-gate, which [20] Major Sarvil, being then Major of the town perceiving, commanded Col. King, being then Capt. of a Company thereto march with his Company to defend that place, Col. King answered, that he scorned to be commanded by him, and rather then he would be commanded by him, he would take his company and let the enemy into the town, and he delayed so long, before he would go, that the enemy was entred at the said Port, before he came thither, by which meanes he betrayed that town.

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

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

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

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

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

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

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

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

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

22. That he did awe and gain the Country wholly after him, and that he might with better colour domineere, falsly stiling himself Lievtennant Generall of the County of Lincoln.

[1]

TRue bred Englishmen, that have a life to lay down, for the defence of your just Liberties and Freedomes, (for to such alone I direct my speech) against all incroachers, destroyers, and usurpers thereof, (be they what they will be) I desire to let you understand, that I your Countryman amongst many others, have imbarqued all that I have in this world, in this one vessell, cal’d the good Ship of good Hope, sayling in the troublesome Seas of England, bound for the long desired Port, called the safe injoyment of Englands liberties and freedomes, the direct roade tending thereunto, is the path of Iustice, without the sayling in which roade, it is forever impossible to arive there; And therefore fearing my Venture should lately miscarry, I tooke upon me the bouldnesse to write an Epistle to Judge Reeve, one of Englands Pilots, which hath occasioned a desperate Storm to arise against me in particular, though there be nothing but wholsome and sound advice therein contained.

And perceiving by my late being with the Judge, that it was not well taken, nor likely to provide for my safety, against Col. Edward King, one of Englands rotten members, and branches, fit for nothing but to be cut off, out of Englands pleasant and fruitfull Vineyard I thereupon writ further instructions to my Atturney, to draw up my Plea, which thus followeth.

To his faithfull and much respected friend and Attorney, Mr. Goorge Ingram, at his Chamber in Cliffords Inne, these.

[2]

Sir,

IN the cause wherein Colonell Edward King is plantive against me, in an action for pretended words spoken by me again(st) him: I entertained you to be my Attorny, whereupon you appeared for me, and received Kings declaration the last Tearme to which I am now to plead, I desire you therefore to plead to the same, that the said Edward King long before the pretended words alleadged by the declaration, to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne, accused and charged before the Honourable House of Commons of high Treason, for his betraying the towne of Crowland unto the Enemy, as by the fourth Article of the said charge (whereunto reference being had) will appeare. And by the twelf Article of the said charge, the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy, which is adjudged to be high Treason, Rot. Parl. 7. Richard 2. Num. 38. 39. 40.

And for further plea, that the said charge was before this action brought, and yet is still depending, and only examinable and triable in Parliament, neither is the said Colonell King yet acquited or tried for the same, besides plead also that I am a witnesse so the proofe of the said Charge, and so not compellable to make further answer, or other plea then this, untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way. This I hope the Court will accept and approve of, for a satisfactory and plenary answer and plea to his declaration, which you may draw up in forme as you shall find cause, whereunto I doe Authorize you, and for this pleading, this shall be your warrant and discharge, this I thought good to doe for the preventing of any colourable advantage, Colonell King might seeme to have, or any waies take through my neglect, or for want of a warrant to you to plead to his declaration, a judgment should passe for him against me by default.

I have written to Master Justice Reeve, setting forth the true state of the cause, a printed coppy I left at his house for him, which I perceive he hath perused, another I send you here inclosed, whereby you may be the better informed, and inabled to draw up my plea, and what you shall doe herein according to this warrant, I shall allow, in testimony whereof to this my warrant I have subscribed my hand, and set to my seale this ninth day of June 1646. and rest,

Your affectionate and faithfull friend
JOHN LILBVRNE.

Sir, if you think fit to shew this to Judge Reeve or any other I shall approve of it.

Being moved out of mature consideration, to give him these instructions, because, (as I told him) if I should plead in a formall way to the Plea, guilty, or not guilty, I should thereby be the beginner of a dangerous president of destructive consequence to the wholl Kingdome, because that if a man intrusted, did turn traytor, and a company of honest men did endeavour, according to their duty, and to avoid the grievous sinne of perjury, did endeavour to bring him to condigne punishment for his treason, & for that end, referred Artickles of high treason in Parliament against him, with their names to them, and they, by reason of many publicke businesses, by reason of the warres in, & distractions of the Kingdome, cannot conveniently, for halfe a yeare, a yeare or more, try and adjudge the busines, the traytor or accused person, being a crafty fellow, full of [3] ill gotten money, and corrupt Alies, and because that his tryall is delayed, he picks quarrels against his just prosecuters, and arests them in actions of 2. or 3000l. at the Common Law, for calling him (as really he is) traytor, and tosseth and tumbleth them, yea and it may be, by an unjust Puntillo in Law, brings them unto unavoidable ruine, by Common Law, which principally is inherent in the oracles of erring Iudges breasts, who it may be, two houres before he passeth sentence, is not resolved what to decree for Law, and so by this meanes every honest man that complaines of a knave or traytor in the Parliament, or is a party interested, in making good the charge against him, may by such wayes and meanes (by reason of delay in iudgement, which is not his fault) be brought by his cunning adversary into the Common Law Bryers, as I am by King, who ought by Law to be in Prison fast by the heeles) and so all honest men forever discouraged in such a cause, to complain of such transgressours, let them act treason against the State universall and representative, and do what they will; and this is just my case with Col. Ed. King, as by my printed letter to Iudge Reeve, I have truly & clearly declared.

But by my foresaid instructions sent to my attorney, I gave him authority (if he pleased) to shew them to the iudge, which for ought I know to the contrary he did, which it may be may occasion a complaint from him, or some others against me to the Lords, for immediately upon it, I am summoned before them, their warrant thus followeth.

Die Mercurij 10. June, 1646.

IT is this day ordered by the Lords in Parliament assembled, that Liev. Col. Lilburn, shall forthwith upon sight hereof, appeare before the Lords in Parliament, to answer such things as he stands charged with before their Lordships, concerning a Pamphlet, intittuled, the Just mans justification, or a Letter by way of Plea in Barr. And hereof he shall not faile, as he will answer the contrary at his perill.

Ioh. Brown. Cler. Parl.

To the gentleman Usher attending this
House, or his Deputy.

The Officer comming Iune 11th. last past to my House, about 6. of the Clock in the morning, cal’d me out of my Bed, and after I had read his warrant, I told him that if there were not a tye of respect laid upon me to the Lords, for their faire and courteous dealing with me about my busines, that was lately depending before them, I would not in the present case, obey their warrant, nor twenty more of the like nature, but would defend my selfe in my own house (which is my Castle) against all that in such cases they should send unto me, to the death, because they have by the Law, no authority at all to mak me dance attendance upon them, in the present case, or to try me a Commoner, in any Criminall cause whatsoever, either for Life, Limb, liberty or estate, which I told him was the case now in and, for his own warrants did sumon me to appeare to answer a charge then before their Lordships, and this I wished him to tell them must be my plea at their Barre at which, having promised him to appeare, he departed, so sitting my selfe in the best manner the present In-comes of God inabled me for the brunt.

I tooke my Journey towards Westminster, and in the streets meditating, desired God according to his wonted manner to direct me, I presently had contrived in my own brain, without any humane help in the world, a Protestation and appeal, my heart [4] being set up so high to go on with it, although it should be present death unto me, so I took sanctuary at a friends lodging to compile it in a method, which being done I transcribed it faire with my owne hand, and then set my hand and seale unto it, and being loth to run so high a contest with the House of Peers if by any meanes possible I could avoid it.

I repaired to a Lord a member of that House, and told him my whole heart in my intentions, shewed him my paper, and read part of it to him, and desired him to fill some more of the Lords of it, if he judged it convenient, that so they might a little better consider of it before they brought me to their Barre, and forced me to doe that that would tend to their extaordrnary dishonour, or my ruine and distruction, and doe it I both must and would by Gods assistance (I told him) if they called me to their Barre, telling him I judged it as base an action in me (both in the sight of God and man) to betray my knowne and fundamentall liberties, as with my owne hands to cut my owne throat, protesting unto him, that if he and the rest of the Lords indevoured to destroy Magna Charta and to tread, it under their feet, as they would doe if they medled with me in this case, I would draw my sword against them every man as freely as I would doe against the King, and the desperatest Cavalier with him, with much more that then I told him he departed to the House, and I imediatly by water followed him, and what he did in it I doe not fully know, but I was not called in till about one a clock:

And being commanded to their Barr, the Earl of Manchester (their Speaker) commanded Master Smith to show me my printed Epistle to Iudge Reeves, and asked me (to this effect) if I know that booke, and whether I did not leave (or cause to be left) one of them at Iudge Reeves house for the Iudge himselfe.

Unto which I replyed, my Lord, if it may stand with the pleasure of this House, I desire to know whether or no you have any formall or legall charge against me in writing, if they had I desired to see it? that so I might read it, and then I would give them an answer to their question

Whereupon after a little pawze and looking one upon another, the Earle of Stamford stept up and with much zeale pressed his Lordship to hould me to the question, (so saith the Earle of Manchester) answer to the question.

My Lord (said I) under favour, I conceive the thing I desire of your Lordship, is very just and rationall (& so it is if you consider their owne summons which expresly commands me to appeare before them to answere a charge) but if nothing will serve your turne but a possitive answere to the question, then my Lord there is an answere in writing under my hand and seale, which I will justifie and maintaine to the death, I beseech you it may be read;

And with this I gave my paper to Master Smith their Cleark then at their Barre: Whereupon the Earle of Lincolne stept up and said to the Speaker, my Lord what have wee to doe with his paper? command him to answer to the question.

Lieutenant Colonell Lilburne (saith the Earle of Manchester) the Lords command you to answer positively to the question, unto which I replyed my Lord, in that paper in Master Smiths hand is my answer to the question, and to all others whatsoever that you shall ask me, and no other answer I have to give you, neither shall I, and if that will satisfy you well and good, if not, seeke it where you can have it, for I for my part shall give you no other, where upon I was commanded to withdraw.

[5]

And one of the Lords commanded the Cleark to give me my paper, (for saith be, what shall wee doe with it) but I refused to take it, and tould them, I would not medle nor make with it, there it was, and it was enough to me, that I had delivered it at their open Barre, do what you will with it, for my Lords, I am as carelesse as you are, whether you will read it or no, so the Cleark threw it after me, but I would not medle with it, but withdrew, the words of which thus followeth.

The Protestation, Plea, and Defence of Lievtenant Colonell IOHN LILBVRNE.

Given to the Lords at their Barre, thursday Iune 11th. 1646. with his Appeall to his competent, propper, and legall tryers and Judges, the Commons of ENGLAND, assembled in PARLIAMENT.

And being not long without, the Gentleman vsher came civelly to me, and told me I must put off my sword and give it to some of my friends, for I must go a prisoner to Newgate, so desiring to see my Commitment, and to have a coppy of it before I stird to go, I had it accordingly, which thus followeth.

[7]

Die Iovis 11 Iune 1646.

IT is this day Ordered by the Lords in Parliament assembled, that Lievtenant Colonell Iohn Lilburne shall stand committed to the Prison of Newgate, for exhibiting to this house a scandalous and contemptuous Paper, it being delivered by himselfe at the Barre this day, & that the Keeper of the said Prison shall keepe him in safely, untill the pleasure of this House be further signified, and this to be a sufficient Warrant in that behalfe.

Ioh. Brown Cler. Parl.

[1]

Londons Liberty In Chains discovered. AND, Published by Lieutenant Colonell JOHN LILBURN, prisoner in the Tower of London, Octob. 1646.

JER. 22.15.16.17.

Shalt thou reign, because thou closest thy selfe in Cedar? Did not thy Father eat and drinke, and doe judgement and justice, and then it was well with him?

He judged the cause of the poore and needy, then it was well with him: was not this to know me, saith the Lord?

But thine eyes and thine heart are not, but for thy covetousnesse, and for to shed innocent blood, and for oppression and violence to doe it.

Therefore thus saith the Lord concerning Iehoiakim the sonne of Iosiah King of Iudah, They shall not lament for him, saying, Ah my brother, or ah my sister: they shall not lament for him, Ah Lord, or ah his glory.

IT is to be obsebserved, That the illegall election of great Ministers and Officers for the administration and execution of Justice, and where the people have been and are deprived of this their just right and liberty; there have ever all actions and practises of injustice and oppressions abounded: Freedome and Liberty being the onely Jewels in esteem with the Commonalty, as a thing most pretious unto them, and meriting that men should expose themselves to all danger, for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever.

For prevention therefore of these mischiefes and miseries (which through evill government of magistrates by their injustice and other [2] oppressive practices) doe usually fall upon Kingdomes and Cities. And for that all lawfull powers reside in the people, for whose good, welfare, and happinesse, all government and just policies were ordained: And forasmuch as that government which is violent and forced, (not respecting the good of the common people, but onely the will of the commander) may be properly called Tyranny: (the people having in all well ordered and constituted Comon-wealths, reserved to themselves the right and free election of the greatest Ministers and Officers of State.) Now although the tyranny whereby a City or State oppresseth her people, may for the present seem to be more moderate then that of one man; yet in many things it is more intollerable: And it will clearly appeare, that the miseries wherewith a Tyrant loadeth his people, cannot bee so heavy as the burthens imposed by a cruell City.

Therefore all free Cities, lest their government should become a tyranny, and their Governours, through ambition and misgovernment, take liberty to oppresse and inslave the people to their lusts and wils; have in their first Constitutions provided, that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City; and no longer to continue then a yeare, (as the Annuall Consuls in Rome.) By which moderation of Government, the people have still preserved their ancient Liberty, enjoyed peace, honour, and accord: and have thereby avoyded those calamities incident to people subjected to the Lawes and Arbitrary Dominion of their insulting Lords and Magistrates (or Masters;) of all which this Honorable Citie, and Metropolis of this Kingdome, upon the first erecting of this Island into a Monarchy, or Kingdome, by that valiant, wise, and victorious Prince, Alfrede, who first freed the Land from under the Danish yoke and slavery, under which it had a long time groaned; did with the approbation of their King, and States, then assembled in Parliament, for their well-being, and more peaceable good government, agree, and by a perpetuall law, ordaine; That all their Governours, and Magistrates, should be Annuall and Elective, by the free votes of the free men of the Citie, Then, and Yet, called by the Names of Barons, and Burgesses of London, as appeares by their generall Charters of Confirmation of their Liberties, by severall Princes (before and since the Conquest) although in processe of times, their Titles, and Names [3] of their Offices, bee changed; yet the power and right of election still remains, and ought to continue in the body of Commonalty, and not in any particular or select persons of any Company, or Brotherhood whatsoever. And for illustration, and more cleare manifestation hereof, I need none other Evidence, or Proofe, then the Charter of King John, granted to the Citizens before the Incorporation of any Company: The first Company that was incorporate, about the yeare of our Lord, 1327. being more then an hundred yeares after the date and grant of the aforesaid Charter; which hath been since by sundry Kings and Parliaments confirmed. Their Charter I have here set down at large; which, compared with the Protestation, will make good your right, and Justifie your claime to vote In electing the Major of this Citie.

The Charter.

IOhannes Dei gratia Rex Angliae, Dom. Hiberniae, Dux Norman. Aquitania, & Comes, Anjou. Archiepisc. Episcop. Abbatis, Com. Baron. Justic, Vic. Prapositis, & omnibus Ballivis fidelib. suic. Salutem, Sciatis nos concessisse, & praesenti Charta nostra confirmassa Baronibus nostris de London, quod eligant sibi Majorem de seipsis singulis annis, qui nobis sit fidelis, discretus & idoneus ad regimen Civitatis: ita quod cum electus fuerit; nobis, vel Justic. nostro, si praesentes non fuerimus, praesentetur, & nobis Juret fidelitatem· & quod liceat eis ipsum in fine Anni amovere, & alium substituere si voluerunt vel eundem retinere. Ita tamen quod nobis ostendatur idem vel Justic. nostr. si praesentes non fuerimus. Concessimus etiam eisdem Baronibus nostris, & hac Charta nostra confirmavimus quod habeant bene & in pace quiete & integre omnes libertates suas quibus hactenus usi sunt, tam in Civitate quam extra tam in terris quam aquis, & omnibus aliis locis. Salva nobis Chamblengeria nostra. Quare volumus & firmiter praecipimus quod praedicti Barones nostri Civitatis nostrae London eligant sibi Majorem singulis Annis de seipsis praedicto modo: & quod omnes praedictas Libertates, &c. bene & in pace habeant sicut praedict. &c. Testibus, &c. Anno regni decimo sexto.

[4]

JOHN by the grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitain, and Earl of Anjeou, To his Arch-Bishops, Bishops, Abbots, Earls, Barons, Justices, Sheriffes, Stewards, and all his Bayliffes, and faithfull Subjects greeting; Know ye, rhat We have granted, and by this present Charter, have confirmed to our Barons of London, That they may chuse to themselves every year a Maior of themselves, who is faithfull to Us, being discreet and fit for government of the City. So that when he shall be chosen, he be presented to Vs, or to Our Justice, if We be not present, and swear to Us fidelity, and that it may be lawfull for them at the end of the Year, to remove him, and and appoint another, or retain him, if they please; yet so, as the same be shewed to Us, or to Our Justice, if Wee bee not present. Moreover. We have granted to Our said Barons, and by this Our Charter have confirmed, that they may wel, and in peace quietly and fully have and enjoy all the Liberties which hitherto they have used, as well in the City as without: in the Land as in the Waters, and in all other places, saving to Us Our Chamberiege; Wherefore We will and firmly command, that Our said Barons of Our City of London, may yearly elect a Major of themselves, after the aforesaid manner, and have and enjoy, well and in peace, wholly and fully, all their said Liberties, with all things appertaining to the same aforesaid; Witnesse, &c. in the 16. Year of Our Raign.

Wherein is fit to be observed. 1. That all the Free-men of London be all and every of them Barons, being so intituled and ordained by the Kings Grant or Charter. 2. That every of them hath his free Vote in the election of their Major. 3. That they have liberty to chuse any Baron or Burgesse from amongst themselves, without restriction or reference to any particular person or persons, or to any other Fraternities of Aldermen, Co~mon-Councell men, or any other particular Gown or Livery-men only; so as he be faithfull, discreet, and such as they judge fit to govern. 4. That no Major may continue in office above one year, without a new Election. 5. That Aldermen were likewise eligible by the Commonalty, and but to continue for the yeare, Patent 22. Edw. 2. No: 2. Cook 2. Part Institutions, fol. 253. 6. Sheriffes are only eligible by the Barons [5] or Burgesses of the City, as appeareth by by the Charter of Henry the 3. made in the 11. Year of his Raign, confirmed after by Henry the 5. Charta de 2. Hen. 5. Part. 2. No. 11. But of late yeares the Aldermen and Common-Councell of this City, by their power and policy, have invaded your rights and just priviledges, and contrary to the fundamental Law of the Land, & the antient customs of the City, most injuriously have betrayed the trust reposed in them: spoiled you of your Liberties: taken upon them (of themselves, with some selected Companies) without the free vote, the rest of the Barons or free Burgesses (the Commonalty) of this City, the sole Power & Government of the City, changing and altering your Lawes and Customes at their pleasure, and chusing of Majors and Sheriffes, such, and whom they pleased, hindering and prohibiting all others (who ever had the like equall right and interest with them) to have their Votes in the choise and election of the Major and Sheriffes. Whence have ensued many calamities and miseries, even to the indangering of the utter overthrow and desolation of this most famous and honourable City of Europe, being wholly disfranchised of those liberties, and immunities, which even the meanest Burrough or Corporation in England now enjoyeth.

Hence, by their craft and policy, have so many Monopolies and Pattents under pretext of publike good, been brought in, and set up to the ruining of thousands, and great decay of Trade & Traffique, bringing in and countenancing of Arbitrary Lawes, and unlimited Power and Government, and whereby Tyrannie, Injustice, and Oppression, have without controle been exercised and practised by these your late Governours and Rulers, as well as by those your former Governours and Magistrates, not by the Commonalty.

Were not the Land-Money, Ship-money (and many other illegall Taxes and Impositions) with rigour and force exacted of you Citizens by these your illegall Governours? Were not many of you free Barons of this City (for refusing to pay those exactions, and to part with your estates by such illegall tyrannous courses) imprisoned by these your Governours (thus illegally forced upon you without your own free Election?) Were not the cruell Edicts, and bloudy tyrannous Decree of the Star-Chamber, High Commission, and Councell-Table, withall readinesse in a compulsive Torrent executed? Nay, to reckon up in particular, the severall cruelties, exactions, oppressions, [6] insolencies, violencies, and the illegall practises and proceedings of these your Magistrates, and their subordinate Ministers; would require a particular Tractate, which I rather desire might be buried in Oblivion, by a timely restauration of you to your antient and just freedomes in electing your own Officers. But if still you be denied Justice, and may not enjoy your due and accustomed priviledges; I shall be occasioned to remonstrate at large, and in particular, set forth your severall heavy burthens, harsh dealings, great grievances, and severall incroachments upon your Franchises: how, and by whom your Rights and Liberties have been invaded: and how you are inslaved, that were, and are (or at least of Right ought to be) free Burgesses and Barons, but now captivated to the Lawes, covetous Lusts, and the Arbitrarie unlimitted power and dominion of your illegally imperious lording Magistrates.

Therefore, for the present, I will insist only upon the manner of the election of your now new Lord Major: The Narrative whereof will fully discover, how much the Barons of this City suffer, and that by their long forbearance, or rather neglect, to own and claime their just priviledges and immunities (if they stoutly stand not up) and resolve to be no longer robbed and spoyled of their Birth-right and Inheritance; They are, and wil be then in danger to be reduced into a condition worse then ever any of your Progenitors, were, under the Bastard Norman Bondage. For indeed, you Citizens are but free-men in name, as in truth this your giving up your selves to the power and government of men, without your free and publike choice and approbation, demonstrates: and therefore (truly) you can be accompted none other then meer slaves to your thus elected Governours, as the rest of the whole Nation is become, unto Lawyers, Attornies, Clerks, Solicitors, and cruell Jaylors, and such instruments of contentions, by whom the peace and flourishing State of this Kingdome is quite devoured and the people wholly inslaved to their wills; for truth hereof, I appeal to all the Inhabitants of every countie throughout this Kingdome, whose estates, purses, and persons, have for these many score of years groaned under the inhumane burden thereof; all which, is farther demonstrated unto us all, the Inhabitants of this Land, by the (still continued) frequent, unjust, and illegall Commitments of your fellow-Citizens, and all the free Commoners of England to the severall murthering-houses (stiled Prisons) in this Kingdome, [7] aboundnig in cruelty, murther, and oppression: being most wickedly and powerfully countenanced and supported by their Potent Adherents.

I have shewed you, how by right, the meanest Baron of this City of London (by their Charter) hath as good right to have his vote in the Election of the new Major, and other the subordinate Officers, as the Lord Major, or any Aldermen (for the time being) with their Golden Chaines. Notwithstanding, this undoubted Right be acknowledged; yet is it denied to the people upon bare surmises, and vain pretences of danger, by tumults and disorder, if the same should be yeelded unto, which in truth is, but a poor allegation, and frivolous excuse: The vanity and weaknesse whereof, must needes be apparent to any who is impartiall, and not carryed aside with desire of Rule, through Ambition, and blinded with affection, or beastly besotted, and against Nature and Reason, loving Bondage more then Liberty. For what mischief (I pray you) do we find, or have we ever heard of in any Town, City, or Corporation, (where the Citizens have, and enjoy this freedome) of any disorder or tumults that have grown thence?

Were not the Sheriffes (till now of late) ever chosen by the free-holders in full County? & yet we find not that chusing to have bin complained of but rather (only) by Prerogative Power taken away to defrauding the people of their free choice due & of right belonging unto them, by the great Charter of the Kingdom. And how are the Commons and Burgesses now assembled in that High Court of Parliament, elected? Whether by the Sheriffe, and some few selected Grandees of each County, or by the Majority of voyces of all & every the Free-holders that will appear, & give their votes upon the day assigned by Proclamation, if our great Senators come in place, and be chosen by the generall and free voyce of all, and not of a few (like some) which hath been the right manner of Election from the first establishment of this Kingdome, and so hath continued to this day, being conceived to be the best forme of Government, and so hath been found to be by approved experience? For, did Rome ever so flourish, as when, not any thing was done but by the Senate and People there? But of this, expect a larger Discourse.

I pray you, whence have we fetched this new wisdome? Surely, not from above, but beneath; it being none other then Satanicall [8] pride in thus despising their fellowes, and free Commoners. For these can be of no other spirit, but such as affect Tyranny, Injustice, and Oppression: And being thus, is it not then a lawlesse Dominion, and so, not of God, but of the Divell?

But let us now say somewhat of the election of the Maior upon the 29. of September, 1646. the day assigned for electing the Maior of London; at which time Mr Wansie, a Citizen and Baron of London, came to the Guild-Hall, London, the place appointed for electing the Lord Maior for the yeare ensuing the doore of the Hall being kept shut) the Marshal of London, who was with divers others, standing with staves, to keep the doore: But Mr. Wansie, with divers other Citizens of London, desired, that they might have liberty to goe into the Hall; telling them, that they came with intent to passe their free votes in electing the new Lord Maior. But could not by any meanes obtain liberty to enter the Hall, (although by them earnestly desired) but were kept out forcibly with Halberts, Bills, and Staves, upon a speciall command of the now Lord Maior, Thomas Adams: Whereupon the said Citizens having framed a Protest, (which they intended to deliver in the open Court) the said Mr. Wansie having the said Protest in his hand, and reading it to the rest of the Citizens there present; the said Marshall thereupon with force, and much violence, laid hold on him (with the said protest in his hand) and dragged him into the Guild-Hall, and kept him there as a prisoner for the space of an houre, until the Lord Maior, and Aldermen came from the Sermon: and then hee was brought before the Lord Maior, and Court of Aldermen; who there examined him strictly about the said Protest; demanding where he had it, and who delivered it to him. And then they all threatned him very violently, that they would send him to New-gate. But he answered, That he knew not the framer of it, nor him that delivered the said protest unto him: and then also affirming, that he and the rest of the Citizens, intended to have subscribed it, and then to have delivered it unto his Lordship, and the rest of the Court. But the said Protestation was derained from him. And he thereupon dismissed for the present, with ingagement by promise, that he would attend his Lordship the day following. But for more assurance, his Lordship sent an Officer for him (as for a Delinquent.) Upon whose appearing before the Lord Maior, the said [9] said Marshall made a great complaint against the said M. Wansie, for saying that he would question him the said Marshall for abusing him, as aforesaid, being very earnest with his Lordship to have him committed. But the Lord Maior and some of the Aldermen for that time, dismissed and let him goe.

Thus you may see how imperious this Marshal is (being none other then a meere vassall or servant unto the Citizens of London) shewing and expressing his disaffection to all honest and good men, in the highest nature.

After the thus election of the Lord Maior, the Livery men departing, and the Court not risen, the Hall doore then being opened; the Lord Maior, Thomas Adams, gve command to the Constables and Halbert-men then standing at the doore, that they should take care that no Cloak-men should come in; fearing, as it is conceived, lest the Citizens should come in, and protest against that unjust and undue election of the new Lord Maior.

This briefe relation, that made unto you, may bee a sufficient discovery of the intentions and sinister ends of your great Masters, to continue you still under an enforced slavery and subjection, who esteeming you no other then as objects, & as unworthy to have any thing to do in the choyce of your own Officers, withholding fro~ you your Charter of Liberties, and Franchises, the more to blind you, and keep you in ignorance, that they may the better carry on their designes against you, for the continuance of your thraldome, and to hold your necks under their yoak.

The very relation of the bad usage of M. Wanfie, with the manner of the election of the Maior, compared with your Claim of Right, and Protestation against the same, is sufficient to shew & plainly set forth the illegality therof, to which you cannot submit, without betraying your own Liberty. Your Protestation being in my hand, I held it my duty no longer to conceal it: but for your common good to publish the same, hoping, that as you have freely fought for your Liberties, sworn to maintain your Liberties, and largely contributed to the State to inable them to protect you in your Liberties: so you will not sit still, and passe by this injury and indignity of those that would and doe make themselves Lords and Masters over you, by violence and wrong. But instantly adhere to your Protestation, conclude the claime of your right, and with courage and resolution, [10] maintain and preserve your iust and undeniable Liberties and Priviledges, which are thus unjustly extorted, and kept from you by fraud and force, lest it be said in after ages; These were the men, these were the Fathers that durst not, would not, own their Liberties and Rights: These were the men, who when a free Parliament were sitting, subjected them, and their Posterity to voluntary slavery. If you neglect this opportunity, and advantage offered you, for the regaining of your Liberties, and recovery of your Birth-right (the Law;) the losse will be irrepayable, irrecoverable, bringing with it certain ruine, & unavoidable vassalage upon you, and your whole City; yea, though I am not a Citizen, yet no stranger, nor forreigner, but a free-man of England, who hath freely hazarded all, for the recovery of the common Liberty, and my Countries freedome; and it is no small griefe unto me; yea, it lyes more heavy upon me, then all other my troubles undergone, to see our Nationall and Fundamentall Lawes, Rights, and Priviledges, thus trodden under foot, even by those, by whose endeavours we expected a restauration of the same. Oh! the unexpressable misery, and besotted condition possessing this Nation, that we should be so regardlesse of our selves and Posterity, as thus in, and by cowardly silence, to betray our selves, and to beget Children, to live and remain (by our meanes) Bond-men, and Bond-women; yea, Slaves.

Look but upon your industrious Neighbour-Nation, the Netherlands, how for a long time, under faire and colourable pretences; (As Conformity, and Religion,) they were spoyled of their Lives, Liberties and Estates. But at the length, they discovered the cunning and crafty dealings and devises of the Bishops, and their Clergie, whom the Spaniard promoted, and used as his Instruments, by whom he intended to bring those Countries under the power of his Soveraignty, and cruell will. These your Neighbours were constrained to knit themselves together by Bond and Oath, to stand up for their common Liberties, and Countries safety, leaning every man (in matters of Religion) according to that common Principle, Religio suadenda non cogenda, Religion may be perswaded, not for+ced; & the good successe they have had therein, and tranquility and security they thereby enjoy; may be great incouragement to us, not to despaire of the recovery of our Native, and just Freedoms, and by the like meanes to put an end to these our troubles, & unnatural oppressions, [11] if we will but tread in the same steps, each one labouring in his place to preserve the common Liberties and Lawes of the Kingdome, which makes us indeed true free-men, without seeking, or endeavouring to Lord it thus (as now we do) one over anothers faith; your Brethren, together with you, and all the Commons of England, have an equall interest, and property in the Law, being all of us free-born English-men.

Therefore look about you, and be no longer deluded to be by a meer shadow of greatnesse and flattery, fooled into slavery; But according to your Protestation, endeavour to preserve, or rather recover your lost Liberties, which under conformity, and other specious pretences and glosses, you have been long deprived of: Till when, expect not any Justice or Right to be done unto you: For, it is impossible, for those that have reduced you to this slavery, to degenerate so far from themselves, as to maintain or give you any assistance or countenance, in standing for liberty, untill they lay down their Offices and Functions, which they all this time have unjustly usurped, and intruded themselves into. I will forbear to insist further upon this matter for the present, being ready and willing, if any should presume to question the Citizens just rights, in the election of their Major; upon the perill of my head, and forfeiture of my life (if I be called thereunto, and may have a just and equall hearing) to prove and maintain, That it is the just and due Right and Liberty, for any free Citixen and Baron to give his vote in the election of the Major, and Sheriffes, and other the publike Officers: the same being grounded upon the Law of God and Nations, and agreeable, as well with the Fundamentall Lawes of this Kingdome, and Customes of this City, as by the Charter and Acts of Parliament (yet unrepealed,) is confirmed.

But one thing I cannot passe by (which may cause some scruples) which is this :

By the words (Barons of London) mentioned in King John his Charter, Whether, all, or but some speciall Citizens of note, are to be understood; to be the Electors of the Major and Sheriffes of London;

That all and every Citizen is there meant and implyed; The very words of the Charter it self clearly manifest: For, the Liberties [12] there granted by the Charter, are to them all as Barons, and not otherwise, nor to any other particular persons of any Society: Yet the same may be farther cleared, thus in that before the Conquest; all Free-holders of this Kingdome, (as well as in Scotland, are yet to this day) were called Barons; and therefore saith, Lamb. fol 128. and 136. Court-Baron is so called, because amongst the Laws of King Edward the Confessour, it is said thus, Barones vero qui suam habent Curiam de suis hominibus, &c. Baro~s are those who have their Court for their Tenants or men. And this Jurisdiction hath every Free-holder, according to Mirrour, C. 1. Sect. 3. & chescun, free Tenant use jurisdiction ordinary: every Free-holder hath this ordinary jurisdiction; and the name Baron in the eye of the Law hath relation to Free-holders, saith Sir Edward Cook 1. Part, Institut. fol. 58. and in very antient Charters and Records, saith he, The Barons of London, and the Barons of the Cinque-Ports, doe signifie, the Free-men of London, and the Free-men of the Cinque-Ports, Cook ibid. All which, I desire may be taken into due consideration: which, as I writ the Protestation, so this I have published for the good of this famous City, and for the benefit of all the Barons thereof; and if you will own this your right, and not suffer your selves to be brought into voluntary servitude; I shall be encouraged to make a farther discovery of the Priviledges and just Rights, now unjustly detained, and holden from you.

By the Contriver of the Citizens Protestation,
here following.

[13]

The Copy of the Protestation made by the Citizens of London, the 29. of Septemb. 1646.

The right and claime of the Free-men Citizens, and Commonalty of the famous and most antient City of London, for their Votes in the election of their great and highest Officer, the Lord Major, &c. With their Protestation against the election of such, who shall be elected Majors, as illegall and destructive to the Liberties and Priviledges of this City, if in case the Commonalty, and Freemen thereof, or any of them, be denied, and not admitted to have their Votes in the Election.

WHereas this City hath had, and enjoyed before, and since the Conquest, many great and notable Franchises, Custome, and Priviledges, often and sundry times confirmed, as well by the Laws [14] and Statutes made in the severall Parliaments, as by the several Charters of the Kings and Queens of this Realme appeareth; amongst which, it hath been an antient and laudable custome· (Time out of mind) for all, and every the Free-men and Citizens of London, in the annuall elections of the Majors thereof, to have their votes, as formerly they had, Porte Grave, signifieth the Governour, & safe Keeper of the City, or Town gates. in the election of their Porte Graves. In whose place and office, the Major succeeded; as appeareth by the Charter of King John, granted in the sixteenth yeare of his Raigne, where hee granteth to the Citizens, Liberty and Authority to chuse yearly a Major out of themselves, Cook the 4. Part, Institut. fol. 253. Printed by Authority of this present Parliament.

Which Custome, of Election of Majors, by majority of voyces of the Free-men and Commoners of the City, agreeth with the Fundamentall Law of this Kingdome, and the manner of election of Majors, in all other the Cities and Burroughs of this Realme as Coroners, were, and are chosen in full County, by the Free-holders of each County, Inter leges Edward. Sanct. Chap. Lambert, folio 136. Artic. super. Charta, chap. 8. & 10, &c. The Major is Coroner within the City of London.

Now, forasmuch as we be Free-men, and Commoners, and Burgesses of this City, and so have right, and ought to have our Votes in the election of the Major; Do hereby claime, and demand, as our Right, Custome, and Priviledge, to vote in the election of this present Major to be chosen; and doe likewise hereby signifie, That for the same end wee are come hither, to give our free votes in electing a Major for the ensuing year, if we may freely, without molestation, disturbance, and interruption, doe the same, according to the Statute of Westminster, the 5. chap. the 9. of Edward the 2. 14. The words whereof are these;

And for that Elections ought to be free; it is ordained, upon pain of great forfeiture, That no Noble man, or other, by force of Armes, neither through malice or menacies, shal hinder to make free Elections in Counties, Vniversities, Cities, Corporations, and other places, Cook 2. Part, Instit. fol. 169.

And forasmuch, as all the due, just, and accustomed Priviledges, Franchises, Liberties, and Immunities of this City, are confirmed by [15] this present Parliament, The Petition of Right, And Magna Charta, the great Charter of Liberties, where it is said, That the City of London shall have and enjoy all its antient Liberties, and Customes, Mag. Chart. chap. 9. and the 28. of Edw. 1. E. 1.

And although it may seeme, by reason of some undue elections of late yeares made, through usurpation of some few, who by power and menacies, hindering the free Elections, not suffering us the Free-men and Commoners to give our votes upon chusing and electing the Majors to be a Barre, let, or hinderance to this our present voting; yet the same doth nothing at all prejudice our Rights, but rather aggravates the wrong done unto us: For there is a beneficiall Statute (yet unrepealed) made for the strengthening and preservation of our Liberties and Rights, which no other Corporation hath that we know of; Whereby it is enacted, That the Citizens of London, shall enjoy all their whole Liberties whatsoever, with this clause, Licet usi vel abusi fuerunt, Although they have not used or abused the same, and notwithstanding any Statute to the contrary, Parl. Rot. R. 2. N. 37.

Therefore, if we may not be admitted, being Free-men and Citizens of London, to enjoy our due and accustomed Priviledges and Liberties, to have and give our free votes in the election of the Major, we being by Parliament injoyned, and by Oath and Protestation bound, to our uttermost power, to defend and preserve the lawfull Rights and Liberties of the People; Doe declare and protest against all such who shall any-wise hinder us, or any of us, in a free way, to vote in the electing of the said Major; as oppugnors and violators of the Lawes and Liberties of the Kingdome, and destroyers of the Priviledges of this antient Metropolitan City, and shall by all lawfull wayes and meanes, labour to bring them to condigne punishment, for such their offences.

And wee doe hereby declare, and protest against the Major, so unduly and illegally elected, being chosen without our free Votes and consents, who have right, and are come hither to give in our [16] free votes, if wee might have freely, peaceably, and without let or trouble done the same, alwayes acknowledging our obedience, and shall bee ready, with all alacrity and cheerfulnesse to manifest the same, to our lawfull Magistracie duly elected, in all their just Commands.

LONDON.

[17]

A Postscript written by Lieutenant Colonell Iohn Lilburn, Prisoner in the Tower of London, Octob. 1646.

THE omnipotent, glorious, and wise God, creating man for his own praise; made him more glorious then all the rest of his Creatures that he placed upon earth: creating him in his own Image, (which principally consisted in his reason and understanding) and made him Lord over the earth, and all the things therein contained, Gen. 26, 27, 28, 29. and chap. 5.1. and 9.6. 1 Cor. 11.7. Col. 3.10; But made him not Lord, or gave him dominion over the individuals of Mankind, no further then by free consent, or agreement, by giving up their power, each to other, for their better being; so that originally, he gave no Lordship, nor Soveraignty, to any of Adams Posterity, by Will, and Prerogative, to rule over his Brethren-Men, but ingraved by nature in the soule of Man, this goulden and everlasting principle, to doe to another, as the would have another to do to him; but man by his transgression, falling from his perfection of reason (that Image in which God created him, Col. 3.10.) became tyrannicall, and beastly in his principles and actions; the effect of which, we see in Caines slaying of Abel; for which he was accursed of God, and all things hee went about, Gen. 4.8, 10, 11, 12. but God taking mercy of Mankind in some measure, and not executing the fulnesse of his wrath, in the 9. of Gen. to revenge that beastlinesse, bloody, revengfull, and devouring temper of Spirit, that, by the fall, had now entred into the Spirits of all [18] Mankind; institutes a perpetuall, morall, unchangeable, and everlasting Law; that is to say, That whosoever he was, that would be so beastly, bearish, and Woolvish, as to fall upon his neighbour, brother, or friend, and to do vnto him that, which he would not he should do to him, by taking away his life and blood from him; God ordaines, and expresly saith he shall lose his life without mercy or compassion for so doing, vers. 5.6. Yea, and afterwards, when he chuseth unto himself Israel, out of all the Nations of the world to be his peculiar people, Levit. 19.15, 16, 17, 18. ordaines this for a standing Law amongst them; Yee shall do no unrighteousnesse in judgment; thou shalt not respect the person of the poore, nor honour the person of the mighty; but in righteousnesse shalt thou judge thy Neighbour. Thou shalt not go up and down as a Tale-bearer amongst thy people; neither shalt thou stand against the bloud of thy neighbour: I am the Lord. Thou shalt not hate thy Brother in thy heart: thou shalt in any wise rebuke thy neighbour, and not suffer sinne upon him. Thou shalt not avenge, nor bear any grudge against the Children of thy People; but thou shalt love thy Neighbour as thy selfe: I am the Lord.

And when the fulnesse of time was come, that Christ the Restorer and Repairer of mans losse and fall, should come and preach Righteousnesse & Justice to the world; He saith, it is the Law, & the Prophets, that whatsoever we would that men should do to us, that wee should do to them, Matth. 7.12. Luke 6.31. Yea, and further saith, That as it is the great Commandement, that we should love (our Soveraign Creator, and Preserver) the Lord our God with all our hearts, and all our soules, and with all our minds; so the second Commandement, which is like unto it, is, That we should love our neighbours as our selves; and on these two, saith hee, hang all the Law and the Prophets: So that by this, it is cleerly evident, that Religion, Christianity; or the knowledge of Christ, doth not destroy morality, civility, justice, and right reason; but rather restores it to its first perfection, beauty, splendor, and glory: and therefore the Apostle exhorts Saints and Believers, Ephes. 4.17, 18, 19, 20, 21, 22, 23, 24. Not to walk as other Gentiles do, in the vanity of their mind, having their understanding darkened, being alienated from the life of God, through the ignorance that is in them, because of the blindnesse of their heart. Who being past feeling; have given themselvs over to lasciviousnesse, to work all uncleannesse with greedinesse. But (saith the Apostle to all that [19] love Christ,) Ye have not so learned Christ: If so be ye have heard him, and have been taught by him, as the truth is in Jesus. That ye put off, concerning the former conversation, the old man; which is corrupt, according to the deceitfull lusts: And be renewed in the Spirit of your mind. And that ye put on that new man, which after God is created in righteousnesse, and true holinesse; and excellent to this purpose, is that of the Apostle, Col 3.7, 8. where speaking of, and to those that have put off the old man, with his deeds; and have put on the new man, which (saith he) is renewed in knowledge, after the Image of him that created him.

And therefore the same Apostle layeth down his exhortation at large, and declareth, it is not only the duty of the Saints, to doe good each unto other, but as much as in them lyes, to doe good unto all the Sons of Adam; saying, Gal. 6.10. as we have therefore opportunity, let us do good unto all men; especially, unto them, who are of the Houshold of Faith. But the greatest good that I know of, that any man can do unto the Sons of Men besides the discovery of the knowledge of Christ, and the benefits and priviledges that are to be injoyed by him; is, rationally to discover the privilege, that is, the Right, Due, and Propriety of all the Sons of Adam, as men: that so they may not live in beastlinesse, by devouring one another: and not onely so, but also to stand for, and maintain those Rights and Priviledges in any Kingdome, or Nation, wheresoever they are in any measure established: that so the trusted, made great and potent, by a power conferred upon them; may not there-with (as is too commonly seene) Lord it, domineer over, and destroy by their Prerogative-will and pleasure, the Betrusters: yea, and also to maintain the liberties and priviledges established in a Land, by Law, against the incroaching usurpations of some great and mighty Nimrods of the world, made so by wayes and meanes, more immediatly and properly flowing from the Divell, then God: and by their false-assumed incroaching power, tyrant-like tread under their feet, all just, and innocent persons: and protect, defend, and countenance none but those, that will comply, applaud, and assist them, in their brutish, woolvish, and tyrant-like proceedings: which practises are contrary to the very end of Government, and Magistracy; as is largly declared by the Apostle, Rom. 13.3, 4. where he plainly saith, Rulers are not (no nor ought not to be) a terrour to good workes, but to the evill: wilt thou [20] then not be afraid of the power? Do that which is good, and thou shalt have praise of the same. For he is the Minister of God to thee for good: But if thou do that which is evill, be afraid, for he beareth not the sword in vain; for he is the Minister of God, a Revenger to execute wrath upon him that doth evill, but not upon him that doth good. The knowledge of which, in some measure, in my own soule, hath been the true ground, that conscienciously made me out of duty to my selfe, and neighbours, and obedience to God; stand against, and oppose my self against the Bishops, and with resolution so often since, in the middest of many deaths; hazard my life for my liberties, and the lawes, liberties, and rights of all the people of this Land, & which is the only principle that now carryes me on in opposition against the Lords: unto whom, as so many men, I have and must confesse, I am ten times more oblieged, for my own particular, than to the house of Commons it self, having found at their hands several times cordiall and speedy Justice, which I never enjoyed from the House of Commons in my life; although I have waited upon them therefore, these six years, and followed them as close as any man (I think) in England: and I dare safely say it, without vain or lying boasting; for these nine or ten years together, I have been as serviceable to the Common-wealth of England in my place and condition, as any one man whatsoever that sits in that house; though I have been as ungratefully dealt with by them, as ever man in England was: yet I say, when the Lords forced me to contest with them, which I professe, I was as unwilling to do, as I was to run my head against the wall, the which I told unto one of themselves; yet I say, before I would have parted with my reason and understanding, and so have defaced, obliterated, and annihilated, as much as in me lay, the Image that God created me in, (and which Christ by communicating of himself to me; hath restored, confirmed, and inlarged) and degenerated into the habit of a beast, (which all slaves that live in the World without a rationall and just Law are in) by parting with, and betraying my native, naturall, just liberties, which the fundamentall lawes of this Land give me; I will part with my very heart-blood first; yea, and if I had a thousand lives, they should all go, before I will part with my just liberties, either to them, or any power on earth, what ever it be, that dare assume unto themselves so much tyranny, and satanicall pride as to go about it, or endeavour it. And it [21] is this very principle that now engageth to write this Postscript, to beget a Contest with the Prerogative-men of London, Englands mighty Nimrods, who haue inslaved not only this City, but beene strong Instruments from time to time, to doe the same to the whole Land. And the present ground of my putting pen to paper at present, ariseth from this ensuing: The day the last Lord Major was elected; It seemes, Major Wansie, a Watch-maker in Cornhill, (a man that in these late wars, hath freely and gallantly adventured his life for the preservation of the present Parliament, and Englands Liberties) and some other free Citizens, commonly by the Prerogative-men of London, distinguished by the name of Cloak-men; intended to have claimed their right, to give their Vote in the election of the Lord Major, as by Law, and the Charters of London, every free-man therof ought to do; as also, in both the Sheriffes, &c. And in case the prerogative- L. Major Adams, and the prerogative-Aldermen his Brethren, would not permit them; They then intended, to deliver in a Protest in writing; the Copy of which Protest within a day or two after, I saw and read, and not before: and understanding how basely Major VVansey was used by the Marshall of London, and of my Lord Majors prerogative-Mastives; and how that contrary to Law, Guild-Hall Gate was guarded with armed men, which rendered the election in no sence to be free, as all elections of all publike Officers ought to be; and reading the Protest over, the reason of it, and the injustice offered to its well-willers; It inflamed my spirit with indignation, and set my very soule as it were all on fire; Insomuch, that I went immediatly to old Mr. Colet, the Record-keeper of the Tower, and asked him, if hee had the originall Records of the Charters of London; and understanding he had them; out of my penury, I bestowed three or foure pound for the Copies of those that were most usefull for me; and also the Copy of H. 5. prerogative, and unbinding Proclamation: by vertue and authority of which, they have invaded the rights of all the free men of London, in divers particulars, and as much as in them lies, annihilated divers of the antient and just Charters, and legall priviledges of this City confirmed by Magna Charta; and making further inquiry of a man versed in antiquity, I understood that there was an antient book in print, above 100. yeares agoe, containing many of the Liberties and Franchises of London; for which I sent into Duck-lane, and with some industry found it out, [22] which is a most excellent book, which with the Records I sent to a true friend of mine, to get him to translate the Records into English, and all the Latine and French that is in that book, who sent unto me the fore-going Discourse; which in regard he was a stranger to London, he was unwilling to set his name to it, and I reading the Discourse, and liking it very well, judged my self bound in duty to my self, and all my fellow-Commoners, the Cloak-men of London, to publish it in print; and in regard, by Gods assistance, I intend shortly to publish and print the Records, with a Co~mentary in point of Law upon them; I judged it convenient hereby, by way of Post-script, to give you the understanding thereof; and also, to give you the reasons which moved me to resolve, to hazard no small adventure there upon, which are these:

First, because the Prerogative-Pattentee monopolizing Merchant adventurers, have contrary to Right, Law, and Justice, robbed me of my trade, whose illegall, arbytrary, destructive practises, to the liberties, freedome, and prosperity of England; I have in my answer to Mr. VVill. Pryn (called Innocencie and Truth justified) punctually anatomized, as there you may reade from page 48. to page 63. Now, as Paul saith, 1 Tim. 5.8. If any provide not for his own family, and specially for those of his own house, he hath denied the Faith, and is worse then an Infidell; In which, to me is implyed, that a man must not only be provident and industrious to keepe and preserve what hee hath, but also to maintain and defend his rights liberties, and proprieties, that they be not invaded or taken from him: and this made honest Naboth, that he would not part-with his Vineyard, his inheritance to wicked King Ahab, although he offered him very good tearmes for it, 1 Kings 21.1, 2, 3. much lesse should I part with my trade, to any illegall Monopoliser and every individuall Free-mans of London, &c. and that not only by the principles of nature and reason, but also by the Law of England, as is not onely proved by the fore-named Discourse, but also by another excellent Treatise, called, Discourse for free Trade, published about two years agoe by a Merchant of London.

Secondly, the readinesse of the Prerogative-Magistrates of London, to execute any illegall Commands upon the free-men thereof, and particularly upon my self; as for instance, when I was prisoner in Newgate, illegally committed by the house of Lords, that had no [23] jurisdiction over me in that case, and when upon the 22. of June last, by their Warrant, they commanded me to dance attendance at their Bar, for what cause they did not expresse: neither know I any Law extant that authorizeth them so to do. Which action, I looked upon, as a trampling the Lawes of the Land, and the Liberties of all the free Commons of England, under their feet; and therefore, for the prevention of further mischiefe, I writ this following Letter to Mr. VVoollaston, the chiefe Jaylor of Newgate under the Sheriffes of London.

SJR,

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 wherfore I should dance attendance before them; neither do I know any ground or reason wherefore I should, nor any Law that compels, mee thereunto; for their Lordships sitting by vertue of Prerogative-pattents, and not by election or common consent of the people, hath, as Magna Charta (and other good Lawes of the Land) tels me, nothing to do to try me, or any Commoner whatsoever in any criminall case, either for life, limb, liberty, or estate: but, contrary hereunto, as incrochers 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 seale, protested to their faces against them, as violent and illegal incrochers upon the rights and liberties of me, and all the Commons of England (a copy of which &c. I in Print herewith, & send you) and at their Bar I openly appealed to my competent, proper, legall tryers, and Judges, the Commons of England assembled in Parliament (for which their Lordships did illegally, arbytrarily, and tyrannically, commit me to prison into your custody) unto whom divers dayes agoe I sent my appeale &c. which now remains in the hands of their Speaker, if it be not already read in their house, unto which I do, and will stand, and obey their commands.

[24]

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

Sir, you may, or cause to be exercised upon me, some force or violence to pull and drag me out of my chamber, which I am resolved to maintain, as long as I can, before I will be compelled to go before them; and therefore I desire you, in a friendly way, to be wise and considerate before you do that, which it may be, you can never undoe,

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

From my Cock-lost in the
Presse-yard of New-
gate this 13. of June
1646.

The Copy of the Order.

Die Lunae 22 Junij 1646.

ORdered by the Lords in Parliament assembled, that Lieutenant Colonel John Lilburn now a prisoner in Newgate, shall bee brought before their Lordships [in the High Court of Parliament] to+morrow morning by ten of the clock: And this to be a sufficient Warrant in that behalf.

To the Gent. Usher of this House, or his
Deputy, to be delivered to the Keeper
of Newgate, or his Deputy.

Iohn Brown Cler.
Parliamentorum.

[25]

Which Letter I sent by my wife, and a friend; but they not finding Mr. Wollaston within, I ordered them to carry it to Mr. Kendrick, and Mr. Foot, the Sheriffes of London his Masters, whom they found at Guild Hall, at the Court of Aldermen; to whom they delivered the letter, with my Protest against the Lords, and appeale to to the House of Commons therein mentioned; who (as they told me) carried it in to the Court of Aldermen: and, as they judged, there read them. But, in stead of any remedy, according to my just expectation; I had my chamber wall immediatly after broke down by force, by Ralph Brisco, the Clerk of Newgate, and their Officer: & a violent and forcible entry made into my chamber, and my person by force carried away before the Lords, who had no Legall, or Magisteriall power over me. I confesse, I was suddenly surprized, it being past ten a clock at night before I knew of it: and so could neither provide my selfe of victuals, or any defensive Armes; the which if I had had, I would (to the death) have defended my selfe against all the Officers in London that had come to have fetched me out of my Chamber (my legall Castle) by vertue of that illegall Warrant, to carry me before the Lords, who had nothing to doe with me: especially co~sidering I had legally protested against them; and legally appealed to the House of Commons, my proper and legall Judges; who had accepted, read, and approved of my appeale, as just and legall: And therefore not onely that businesse, or proceeding of the Lords; but all their after proceedings: yea, the sentence it selfe, in this very particular alone; was, and is, illegall: For they ought not, neither (in law) had they any ground to meddle or make with me any further; unlesse the House of Commons had judged my proceedings with the Lords, illegall, and had given mee up to them as my legall Judges to try me. And therefore the affront of the Lords (in point of right and priviledge) is as great to the House of Commons, in proceeding to judgement against mee without their leave, or so much as ever desiring it; as their usurpations are destructive to me and my Liberties, and the Liberties of all the Co~mons of England: And opportunity they could not have had to have made me so fully as they did, the object or subject of their usurpation; if it had not been that the prerogative-Sheriffs of London had been as full of prerogative-Principles, as the Lords themselves, and as desirous to destroy the Lawes and Liberties of England, [26] as they; for which I will never forgive them, till they have acknowledged their great wickednesse therein, and made me (according to Law and Justice) ample reparations: which by Gods assistance I will with all the strength and might I have, uncessantly seek for.

But their malice and indignation to mee, for standing for the Lawes, Liberties, and Freedomes of England, ceased not here; but when the Lords committed me, by their tyrannicall order, close prisoner to Newgate, to be lockt up close in my Chamber; These Arbitrary & tyrannicall Sheriffes and their Officers executed it upon me to some purpose for 3 weeks together. For; contrary to all law and justice, they kept my wife from me, & would not so much as suffer her, or any of my friends, to set their feet over the threshold of my chamber doore: nor suffer my wife, servant, or any of my friends, to deliver either meat, drink, money, or any other necessaries. And when I pressed the Jaylors to permit my wife to come into the prison yard, that so I might (in their presence) speak with her out of my chamber window; they absolutely refused it, and told mee, I little knew what a strict charge was laid upon them to the contrary, by the great ones at Guild-Hall. And therefore my wife was forced to speak with me out of the window of a neighbouring house, at about fourty yards distance: whose cruelty and malice was so enraged, that they often threatned to boord and naile up the poore mans windows: Yea, Brisco, the Clerk came up into my chamber, and commanded me to forbeare speaking to my wife, (although it were at such a distance) or else hee would boord up my windowes, and so deprive me not onely of seeing and speaking to my wife; but also rob me of the greatest part of that little aire that I had coming in at my Casements. But I bid him doe his worst: for I would pull them down as fast as he naild them up; or else if I could not, I would set fire to them, though it burnt the House down to the ground: And also I would speake to my wife in spite of his teeth, and all his great Masters; unlesse they either sewed up my lips, or cut out my tongue. And then in a rage hee told me, Hee would carry me into Newgate it self, and lay mee in a close place, where I should speak with none, nor see none, whereupon I desired him to cease his threatning of me; for I scorned him, and bid defiance to the malice of him and all the Men and Devils in earth and [27] hell; having my confidence fixed in and upon that God that I knew would preserve and keep me, and who by his power was able to destroy him, and ten thousand such, in the twinkling of an eye; telling him, that to lock me up in such a place, was the ready way speedily to get me my liberty: For then all my friends and acquaintance would conclude, that the Lords had set his Masters and him on to murder me: (as the Earle of Northampton, and the Earle of Sommerset, set Sir Gervis Elvis, the Lieutenant of the Tower, and Weston his servant, to murder Sir Thomas Overbury in his imprisonment in the Tower of London; for which act they were both deservedly and justly hanged) which might hazard, at the least, either the pulling down, or breaking open the prison; to see what was become of me: Therefore I wished him to be advised what he did; for I assured him, I would improve all the interest I had in the world to effect it. For, before I will be murdered, I would sell my life at as deare a rate as it was possible for me to sell it at. And at another time I turned him to the Parliaments Declaration, 2 N. 1642. Book Declar. pag. 722.723. Where, speaking of the difference betwixt the King and themselves, in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him; they demand a question, How that doth appeare? And they answer,Because we say it is treason to destroy the Kingdome of England, as well as the King of England; and because we say, that the King of England hath not a power to destroy the lawes and people of England. And what is that interpretation of that Statute, that no learned Lawyer will set his hand to? That treason may be committed against the Kings Authority, though not directed against his Person. Doe there want (say they) presidents, or Book-cases to make this good? Or, is it not, that they cannot see wood for trees, that look after presidents to prove this, which at length is acknowledged in his Majesties Proclamation of the 18. of June? Is it then that interpretation of the Statute, that the raising of force in the maintenance of his Majesties Authority, and of the Lawes, against those that would destroy both it and them, is no treason, though such acts of traitors and rebels should be in pursuance of his Majesties personall commands, and accompanied with his Presence? And have we cited no presidents to this purpose? What are those then of Alexander [28] Archbishop of Yorke, Robert de Ueere, Duke of Ireland, and the rest in the time of Richard the second, which we caused to be published: whose levying of Forces against the authoriy of the Parliament, and to put to death divers principall members of both Houses, by the Kings expresse command, which he promised to accompany with his presence; was by two Acts of Parliament judged Treason: And the Act of such levied forces to suppresse them, was judged good service to the Common-wealth. These presidents are said to be grounded upon repealed Statutes: and wee have indeed heard it said so twice; but wee never heard the Statute that repealed them, cited once. And whether the Parliament of the eleventh of Richard the second, was a more forced Parliament then that of the twenty first of Richard the second, which repealed the Acts thereof: And whether that of the first of Henry the fourth, which repealed that of the twenty first of Richard the second, and all the acts thereof, and revived that of the eleventh of Richard the second, and all acts made therein; was ever yet repealed: And consequently, whether those two acts of the eleventh of Richard the second, and the first of Hen: the fourth, doe not still stand in force; None that are acquainted with the Records and History of that time, can deny, or so much as doubt. But doe we need Presidents in this case? Is it not a known Rule in Law, That the Kings illegall commands, though accompanied with his presence, doe not excuse those that obey him? And how then (say they) shall it excuse Rebels and Traytors? and how shall it hinder the Kings Courts and Ministers to proceed against them judicially, if they submit; or by force, if they make opposition with force? If the King might controll all the Courts in Westminster Hall, and the High Court of Parliament it selfe, and make it good by force; what were become of the known legall government of this Kingdome? or what a Jewell had we of the Law? or what benefit of being Governed according to Law; if all Lawes might by force be overthrown, and by force might not be upheld and maintained?

Now Mr. Brisco, said I, if the Kings commands and power cannot overthrow the Law; much lesse can the Lords commands, who are farre inferiour in power unto him, their absolute earthly Creator and Master, from whom they have derived all that they have; and [29] therefore cannot be above him. For it is a maxime in Nature and Reason, That there is no Being beyond the power of Being. And another Maxime it is, That every like begets its like; but not more: And therefore impossible it is, that their power should be above the power of their begetter, or Improver, the King.

Again, Mr. Brisco, said I, if here, by the confession of the Lords themselves; (for they joyned in the making of this very Declaration) it be a known Rule in Law, That the Kings illegall commands, though accompanied with his presence, doe not excuse those that obey him; then much lesse are you, your Master Wollaston, nor his Masters, the Sheriffes of London, excusable, for executing the Lords illegall and barbarous Warrants and Orders upon me; which they doe not accompany with their presence to see put in execution. Therefore, Mr. Brisco, assure your selfe, that if I live, I will turn all the stones in England that possibly I can turne, but I will have justice, satisfaction, and reparations from you and all your masters, for executing the Lords illegall Orders and Commands upon me. At which hee told me, he and his Masters were Officers, and must execute the commands the Lords gave them, without the disputing the illegality of them. Wel then, said I, by the same Rule, if the Lords (who have no legall authority over me) send you a Warrant to hang, strangle, or stab me, or cut off my head in prison, although I have had no legall triall according to the Law of the Land; you will put it in execution: And as well, said I, may you doe that, as to doe to me as you have done: and besides I know no Ground they had to receive mee a prisoner upon the Lords Warrant, at all: especially considering according to Magna Charta, the Petition of Right &c. none of their Warrants of commitments of me, have either legall beginning, or legall conclusions. And excellent to this purpose are those Golden expressions of the most worthy Lawyer, Sir Edward Cook in his exposition of the 29. chap. of Magna Charta, in his 2. Part. Instit. fol. 52. Where expounding what is meant by per legem terrae, that is, the law of the land, having spoken of divers things, he comes to speak of Commitments, and saith,

Now seeing no man can be taken, arrested, attached, or imprisoned, but by due processe of law, and according to the law of the land; these conclusions hereupon doe follow.

First, that a Commitment by lawfull warrant, either in deed, or in [30] law; is accounted in law due processe or proceeding of law, and by the law of the land, as well as by processe by force of the Kings Writ.

Secondly, That he or they which doe commit them; have lawfull authority.

Thirdly, That his warrant or MITTIMUS be lawfull, and that must be in writing under his hand and seale.

Fourthly, The CAUSE must bee contained in the WARRANT, as for Treason, Felony, &c. or for suspition of Treason, or Felony, &c. Otherwise if the MITTIMUS contain no cause at all, if the prisoner escape; it is no offence at all: Whereas if the MITTIMUS contained the cause; the escape were Treason or Felony: though he were not guilty of the offence. And therefore for the Kings benefit, and that the prisoner may bee the more safely kept; the MITTIMUS ought to contain the cause.

Fifthly, the Warrant, or MITTIMUS containing a lawfull CAUSE, ought to have a lawfull CONCLUSION, Viz. and him safely to keep, untill he be delivered by Law &c. and not untill the party commiting doth further order. And this doth evidently appeare by the Writs of Habeas Corpus, both in the Kings Bench, and Common Pleas, Exchequer, and Chancery, which there Hecites.

But, Mr. Briscoe, I am a legall man of England, who in all my actions have declared a conformity to the lawes thereof, and have as freely adventured my life for the preservation of them, as any Lord in the Land, whatsoever he be, hath done. And besides, I have to doe with those very LORDS that have stiled themselves, The Conservators of the Lawes and Liberties of England; and wish in their printed Declarations, the plague and vengeance of heaven to fall upon them, when they indeavour the destruction and subversion thereof. And therefore I expect in every particular to be dealt with according to Law (my inheritance, and the inheritance of all the free Commoners of England) and not otherwise; and my life and blood I will venture against that man, what-ever he bee, that shall attempt the contrary upon me: for the Free-born men of England (yea the meanest of them) can neither by the command of the King, nor by his Commission, nor Councell, nor the Lord of a Villain can, or could imprison, arrest, or attach any man, without due processe of law, or by legall judgement of his equalls, viz. MEN OF HIS OWN CONDITION, or the Law of the Land, against the forme of [31] our defensive great Charter of Liberty. Nay, in old time a Pagan or an Heathen could not be unjustly imprisoned, or attached, or arrested, without due processe of Law, as appeares by the Lawes of King Alfred, Chap. 31. and consonant to this doctrine, and that forementioned in the Parliaments Declaration; is the judgment of Sir Edward Cook in the 186, 187. pages of the 2. part of his Institut. and which was so resolved for Law, as hee there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe, the Sheriffes Clerk of Newgate, about 9 a clock at night; the Sheriffes the next morning sent 30. or 40. of their Varlets that wait upon the Theeves and Rogues, and the Hang-man to Tyburn, to carry me by force, nolens, volens, to the Lords Bar (those Vsurpers and Incrochers) to receive my most illegall, unjust, barbarous, and tyrannicall sentence.

My third reason is, because I have not only been so evilly and unjustly dealt with this year by the Sheriffes of London; but also the last year by the Lord Major of London, Alderman Atkins, and Mr. Glyn Recorder thereof, when I was committed to Newgate by the House of Commons; for what, to this day, I doe not yet know: yet Mr. Glyn so thirsted after my blood, that as I was from very good hands credibly informed, he was a main stickler to get an Order to passe that House, to have me tryed at the Sessions of Newgate for my life; saying (as I am told) in the house, to some members thereof, turn him over to me· and I will hamper him to the purpose: of which, when I heard; it was not for me to sit still; and therefore, I got published certain Quere's to state my case, in one side of a sheet or paper: the substance of which, you may read in a printed Book called Englands Birth-right. And what was the issue of that businesse, you may fully and truly read in my fore-mentioned answer to Mr. Pryns notorious lyes, falshoods, and calumnies; especially, in pag. 28, 29, 30, 31, 32, 33 34. to which, I refer the Reader.

And then secondly, there was a false, and base report raised, spread, and divulged by Mr. Pryn, and some other of my bitter Presbyterian Adversaries (those bloudy cozen-Germans to the persecuting Bishops) meerly to make me and my friends odious to the people that so instead of enjoying a legall tryall, and the benefit of the Law, our common Inheritance; we might by the rude multitude, be either stoned to death, or pulled in pieces: which report was, that I had conspired [32] with other Separates & Anabaptists to root out the Members of this Parliament by degrees, beginning with Mr. Speaker; whom if we could cut off, (as Pryn saith it in print, in his book, called, The Lyar co~founded) all the rest would follow: and if this succeeded not, then, to suppresse & cut off this Parliament by force of Arms, & set up a new Parliament of our own choice & faction; my answer to which abominable false charge, you may read in my fore-mentioned answer to him, pa. 35. And there running divers of his Authentical witnesses and Creatures (little better then Knights of the Post) up and down London; and at last, one or more of them came into Houndsditch, to one Mr. Rogers, &c. to insnare him, and told him of the plot; but he like a wise man, apprehended him by a Constable, and carryed him before the then Lord Major, who dealt neither faire, honestly, nor justly with me, nor them; no, nor with the Kingdome, &c. But in regard it may at a distance, touch upon some present Member or Members of the House of Commons, with whom, I do ingeniously confesse, I have no desire at all to contest; I cease it: though it was as mischevous a plot against me, as ever in my life was contrived against mee, and which had come out to the bottome, if my Lord Major had been as just and honest, as a righteous Judge ought to be, and had not been so full of prerogative-principles, as to feare Man, more then God.

My fourth reason, is, because I have not only been robbed of my trade, by the monopolizing Merchant-Adventurers; and so evilly, hardly, and unjustly dealt with, by the late Lord Major, the two Sheriffes, and tho Jaylors of Newgate, all Mr. Recorders pride and malice, all prerogative Officers in London; but also, have been so evilly, illegally, and unjustly dealt with all, by Col. Francis West, the present Lieutenant of the Tower (thereunto appointed by the principall prerogative-men of London,) which you may briefly reade in a late published book of a friend of mine, called, Liberty vindicated against Slavery, and which I shall, by the help of God, fully lay open in due time; and also, in regard of that late abuse, given unto my wife at Westminster, at the very Parliament door, when she was peaceably wayting there with eight Gentlewomen more of her friends, for an Answer to her late Petition, and for Justice from the house, about my illegall sufferings, which it is their duty to hold put to her, and all others whatsoever, that have just cause to seek it from them; where came unto her [33] one Richard Vaughan, Ensign to the Guard that day, and a Citizen of London, being a Goldsmith in Foster-lane; who, after he had set his Guard at the doore, that goes into the Roome next to the House of Commons: my wife, with other of her friends, standing in a peaceable manner at the bottome of those staires; hee came, and enquired of them which was Lilburns wife; at which my wife answered, she was she; upon which he wished, I had been out of the Land when I first went out in the Parliaments service; and without any more adoe, laid violent hands upon her, and endeavoured to throw her down the next staires, which are three or four steps, that goe down into the Court of Requests, and had gone neer to have spoyled and undone her, if some of her friends by her, had not preserved her from the fal: but being not co~sent with this, he followed her into the Court of Requests-chamber, and then again laid violent hands upon her, and took her by the throat, as if he would have throtled her, and would have drag'd her away as a prisoner, calling out to his armed men to help him: a piece of unmanlike cruelty and barbarism, which will be in future ages, a badge of shame to the sufferers of it, to go unpunished, and which renders him to be one of the malicious, basest, unworthiest, and cowardliest of men, to use a Gentlewoman in such a barbarous manner, that neither affronted, nor medled, nor made with him, and which makes me judge him to be a fellow more fitter to feed hogs and Swine, then to be named a Soldier, or ranked amongst the number of martiall men: but yet notwithstanding, it gives me cause to think, and judge, that some of my prerogative-adversaries either in the City, or else-where, set him on of purpose, at last, to abuse and affront my wife; that so, she should never dare any more to come thither to seek for justice, at the hands of those who have sworn to hand it over impartially to every legall man & woman of England. The comparing of which, with what I have but very lately heard, puts my thoughts into a deep and serious muse: the late relation of which, as it is told me, is thus; That day my wife delivered her Petition in print to the Members of the House of Commons, there was a Barrister at Law in the Lords House (it seemes before they sate) reading my wifes Petition, and there came a Lord to him, and said unto him in a familiar manner, What art thou reading? unto which; he answered, the Petition of Lieut. Col. Lilburns wife to the House of Commons: Unto which that Lord said, the Plague on [34] him for a Rogue; how are wee troubled with him? but if the Lords would be ruled by me, and be all of my mind; we would dispatch him, and stretch him up without any more adoe: But truly, my Lord, I must tell you, you have no Law to do it, I am sure of it; and therefore in reference to that, I challenge you, and your whole House, to a tryall of Law, for all the differences betwixt us, begin when you please: and your Lordship knowes very well, that when I was last at your Bar, I challenged you all face to face to a tryall at Law: But, my Lord, seeing I find and meet with such ready Instruments, amongst the prerogative-men of London, my unnaturall fellow-Citizens, to put in execution, without dispute, feare, or check of Conscience; (all your unjust Commands) I have some cause to be jealous, that I may meet with Sir Thomas Overburies portion, to be murdered in prison, there being a very near parallell betwixt divers of his usages and mine, as appears to me, by the printed relation thereof, made by the Right Honourable Foulke, Lord Brooke, and printed at London for N. R. 1643.

And therefore, for all these reasons laid together, I am resolved, both in point of conscience, prudence, and safety, to sit no longer in silence; but to give to you Lords, and your Kinsmen, the prerogative men of London (by some of whom, I have suffered so much of late, & have just cause to fear, that they will be your arbitrary and illegall Instruments, to make me yet suffer much more) a joynt and home-charge both together; and this I send you forth, as a forlorn Hope: the body of which (do all of you the worst you can) by the strength of God, shall follow after; although you should tye, and fetter both my hands and feet, and set twenty Warders upon me, to keepe mee from Pen and Ink: for I am now resolved, by the power of the Almighty, to sell my life to you my conjoyned adversaries and enemies, as dear (if it be possible) as ever Sampson did his to the Philistines: of whom it is said, he did them more mischiefe at his death, then he did them in all his life, Judg. 16. and good reason have I so to do, in point of conscience; both in the sight of God, and all rationall men that are not distempered with the principles of prudentiall cowardlinesse; and that I prove thus:

If to do to another, as we would have another to doe to us, be a principle, so acceptable to God, and all good men, and an unalterable Law established by God, before Moses Law, and under his Law, and [35] also established by Christ, the just and righteous Prince of peace, under the Gospel; as the most transcendent excellentest Law, that can be amongst the sons of men, and which purely flowes, from the pure fountaine of reason: then from the same pure principle of reason and Justice; I deduct this which naturally ariseth from the lesse to the greater;

That which in point of conscience is unlawfull for me to do to another, is much more in point of conscience, unlawfull to do unto my selfe:

But, to do evill unto another, to mischiefe, rob, spoyle, kill, or any way destroy another, in point of conscience, is unlawfull;

And therefore, in point of conscience, it is much more unlawfull for me to do any evill unto my selfe, or to mischiefe, rob, spoyle, kill, or any way destroy my selfe.

And the reason of all is, because in my self, is nature nearer to my self then all the world besides. And again, if by the Co~mand of God, and the instinct of nature; I must as much as much as in me lyes, do good to all men: then by the same strength of reason, must I much more do good unto my selfe. And therefore for me to know of, and see mischiefe before my eyes intended me, and to be so stupid and sottish, as not to take care, by all just and rationall meanes to prevent it; is to be fellonious to my selfe, and to do that unto my selfe, which I should not do unto another, no, nor suffer to be done unto another: But my adversaries have taken from me, my liberty, (and tormented and tortured my body with cruel and close imprisonment) and spoyled me of my trade and livelihood, and disfranchised me without cause or ground, by robbing me of my right and benefit in the lawes and liberties of England (more deare to me then any earthly treasure whatsoever) and thereby as much as in them lyes, have made a slave and a beast of me, and so changed the property that God created me in: and now thirst after my life and blood, which is all they have left me. To preserve which (finding no remedy at the hands of Justice (by the powerfull operation of some prerogative-men there, the names and qualities of whom you shall shortly knowe) to whom I have appealed; I send my adversaries this bone to pick, as aspeciall meanes (appearing so to my understanding) to breake their cruel fangs, and devoureing [36] tusks; and the mighty and omnipotent power of the Lord JEHOVAH, goe along with it, and make it effectuall for the accomplishing that end. And I hope no rationall man will blame me for doing herof, seeing as Iob saith, eye for eye, tooth for tooth, and all that a man hath will he give, (or venture) for his life. And so much for the particular reasons concerning my selfe, which moved me to write this.

I will onely give you two more, which are more generall; and then conclude.

And the first is, because the greatest bondage of this land ariseth from the monopolizing patentee-Clergy, who have been and still are the men that as Iohn in his Reu. (Chap. 7.1.) saith, hould the four winds of the earth, that the winde thereof should not blow upon the earth. And though in Pauls time, some preached the Gospel of envy, and others of good will; yet he forbids none to preach it; but rejoyceth that it was preached by any, whether in pretence or truth, yea, and thereat would rejoyce, Phil. 1.15.16.17.18 But these Clergy-men, like so many of the Divels Agents, whose Kingdome is a Kingdome of darknesse; set themselves on purpose to overspread the earth, with blindnesse and darknesse, and so by consequence; with injustice, cruelty, and blood-shed: and rather then any, though never so able, should preach Christ and his Gospel, that will not receive power; therefore, from them, by their mouldy, greazy consecration and imposition of hands; thousands, and ten thousands of soules shall perish for want of knowledge, and so run headlong to hell eternally: yea, men that will not be conformable unto them, and be absolutely of their cut, and fashion; though never so extraordinarily adorned with the knowledge of Christ, and of his will and minde; shall neither eat, and drinke, buy, nor sell amongst them, no nor live, nor have a habitation amongst them in the land of their nativity: witnesse that most DIVELISH, WICKED, BLOODY, VNCHRISTIAN, PAPISTICALL REMONSTRANCE of the prerogative-men of London, &c. who amongst many other base and wicked desires, would have us reduced back to the Pope of Rome againe, to believe as the Church believes; for they would have us be conformable in Church Government, &c. not onely to what is already established, but what ever shall be established: [37] and to speake properly, this very Remonstrance is but one of their brats, which with other of their actions, doth demonstrate them cleerly to be part of that Antichristian beastly power, spoken of Reu. 13.11, 12, 13, 14, 15, 16, 17. And what Doctor Leighton in his booke called Syons Plea, pag. 69. saith of the prelates in reference to the popish Bishop; may we say of the present Clergy in reference to the Bishops, whose office and function they have condemned for Antichristian, viz. that they are garments cut out of the very same cloth, a paire of sheeres (as we say) went but betweene them, only divers hands have cut them out. And to me it is the greatest riddle in the world, how the Bishops can be Antichristian as themselves say, and themselves Christs Ministers, although they have no other ordination but what is derived from them, seeing as nature tells me, every like begets its like: and reason also tells me; that there is no being, beyond the power of being: and the Scripture saith, without all contradiction, the lesse is blessed of the greater, Heb. 7.7. but no where saith, the better or greater is blessed of the lesser: and Iames demands a question which in reason, and the ordinary course of nature is impossible to be, saying, Iames 3.11. doth a fountaine send forth at the same place, sweet water and bitter? and Iob demands to know who he is, that can bring a cleane thing out of an uncleane [one] and answers: not one.

Now these Clergy-men demonstrating by all their actions, that they are the naturall and true-bred children of their bloody fathers the Prelates, if not worse then they; for all their faire speeches and glosing pretences to the contrary: therefore we may safely avert, that proposition to be true of them, that Doctor Leighton in the foresaid booke, pag. 51. averrs and proves to be true of their spirituall forefathers, viz. that of all the evills inflicted, and of all the good hindered, since Anno. 600; one or more of the hierarchy, have been a principall cause. And I add and averr, that there is no misery befallen this Kingdome, nor no good hindered from coming to it, since the Prelates were put downe; but some of the present Clergy have been the maine principall in it, witnesse their continuall and daily dividing and distracting the Kingdome in all the parts of it, on set purpose for the establishing that divilish and tyrannicall interest of pride, Lordship, [38] and Domination, which they will effect, or else they will lay it in blood and force. Witnesse their bloody intended Ordinance, brought in by Mr. Tate, and Mr. Bacon. And have they not already almost brought us to the doore of a new warre with the Scots; which, God prevent. But, if for a plague to us it should come upon us; I hope the people of England will have their eyes opened to see the Clergy to be no small causes of it, whom I hope they will not let passe without due punishment, as grand disturbers of the peace of this distressed Common-wealth: Seeing that the temporall and trade-Monopolizers, and other prerogative-men in London, are their stalking-horses, by which they act their designes the more strongly: the one helping the other to inslave the people, and therefore are and may justly be called Simeon and Levi, brethren in evill, and wickednesse, whose tyrannicall mystery wants an Anatomy, the beginning of which; this is.

The last reason why I publish this, is, because that although the fundamentall Lawes of England, be rationall and just lawes, and so pleasant and delightsome to the people: these Prerogative-Monopolizing Patentee-men of London, have done as much as in them lies, to pervert them, and to turn them into Wormwood and Gall: And though they be the common birth-right and inheritance of every particular individuall freeman of England; yea, of the meanest Cobler and Tinker, as well as of the greatest Gentleman or Nobleman. And therefore justly doth the King call the Law, The Birth-right of every subject of this Kingdome. Book Declar. 312. and in pag. 328. he saith, The Law is the common inheritance of his people. And in pag. 385. he calls the Law, The common Birth-right of his Subjects; to which onely, they owe all they have besides: And therfore are bound in the defence of it, to bee made MARTYRS for it. And in pag. 28. he sath, The Law is not onely the inheritance of every subject, but also the onely security he hath for his life, liberty, or estate: And the which, being neglected, or disesteemed; (under what specious shewes soever) a great measure of infelicity, if not an irreparable confusion, must without doubt fall up them. The meanest of which, he saith, p. 650. are born equally free, (and to whom the Law of the Land is an EQUALL INHERITANCE) with the greatest Subject. And that the wealth and strength of this Kingdome, is in the number and happinesse of the people; which is made up of men [39] of all conditions: and to whom in duty without Distinction, he acknowledgeth he oweth an EQVALL Protection. And he in pag. 140. 163. passeth a most superlative high commendation upon those golden expressions of Mr. John Pyms speech against the Earle of Strafford: and published in print by a speciall order of the House of Commons, which are, That the Law is the SAFEGVARD, the CVSTODY of all private interests: Your honours, your lives, your liberties, and estates; are all in the keeping of the Law: And without this, every man hath alike right to any thing. And therefore (saith he) the Law is that which puts a difference betwixt good and evill, betwixt just and unjust. If you take away the Law, all things will fall into a confusion; every man will become a law unto himself: which, in the depraved condition of humane nature, must needs produce many great enormities: Lust will become a law, and envy will become a law, covetousnesse and ambition will become lawes: and what dictates, what divisions such lawes will produce; may easily be discerned.

And in this very language doth the Parliament speak in their declarations, Book Declar. pag. 6. where they speak with a great deal of vehemency and bitternesse against the bold and presumptuous injustice of such Ministers of Justice as before this Parliament, made nothing to breake the lawes, and suppresse the liberties of the Kingdom, after they by the Petition of Right, &c. had been so solemnly & evidently declared. Yet they obstructed (amongst abu~dance of other grievous crimes there enumerated, the ordinary course of Justice; which they there (pag. 7.) call the COMMON BIRTH-RIGHT of the Subjects of England. And in pag. 38. they speaking of the Kings dealing with the five accused Members: who, by his Majesties Warrant, had their Chambers, Studies, and Trunkes sealed up: Which action (they say) is not only against the priviledge of Parliament, but the common liberty of every Subject. And in the same page they say, His Majesty did issue forth severall warrants to divers Officers under his own hand, for the apprehension of the persons of the said members, which by Law he cannot do; there being not all this time, any legall charge, or accusation, or due PROCESSE of law issued against them, nor any pretence of charge made known to that House whereof they were Members. All which are against the fundamentall lawes and liberties of the Subject, &c. And in pag. 458, 459. they declare, That in all their endeavours since this Parliament began, they [40] have laboured the regaining of the ancient (though of late yeares much invaded) rights, lawes, and liberties of England, being the Birth-right of the Subjects thereof. And therefore pag. 660. they own it as their duty, to use their best endeavours, That the meanest of the Commonalty may enjoy their own Birth-rights, freedome, and liberty of the law of the land; being equally (as they affirm) intitled thereunto with the greatest Subject. And in pag. 845. they declare, that to be assaulted or seised on without due Processe or Warrant; is against the legall priviledge of every private man: but the Prerogative-Monopolizing arbitrary-men of London, as though they had an absolute Deity-power in themselves, and were to be ruled and governed by nothing, but the law of their own will: And as though they were more absolute and soveraigne in power, then either the King or Parliament, divided or conjoyned; dis-franchising the greatest part of the Commons of London, of their Liberties, Trade, and Freedomes, at their pleasure; which is granted unto them not onely by God, and the great Charter of Nature, and Principles of Reason, but also by the Fundamentall Lawes and Constitutions of this Kingdome: by which lawes, and by no other; is London, as well as the rest of England, to be governed. And therefore Arbitrary, Irrationall, and Illegall it is for them, or any of their brother-hoods, Monopolizing Corporations and Companies, by the authoirty of any pretended Royall Patent, Proclamation, or Commission, whatsoever; to assume unto themselves a power to destroy, annihilate, and make voyd the Fundamentall lawes of the Land; which yet notwithstanding they daily doe. And sure I am, by the Petition of Right, the King of himself can neither make an oath, nor impose 6 pence upon any of his people, nor imprison, nor punish any of them, but by the Law, & by the Statutes of Magna Charta, chap. 29. & 2. E. 2.8. & 5. E. 3.8.9. The King shall neither by the great Seal, nor little Seale, disturb, delay, nor deferre judgment, or common right: And though such commandements doe come; the Justices shall not therefore leave to do right in any point. But yet notwithstanding, they meerly by their illegall prerogative, both frame oathes absolutely-destructive to the publick law of the kingdome: impose arbitrary fines, and illegall levies and payments of moneys: and act illegall imprisonments and punishments: yea, and at their pleasure seise upon the goods of free-men. All which is constantly practised in their Patentee-Monopolizing [41] Companies, Corporations and Fraternities. So that to speak properly, really, and truly, their Brotherhoods are so many conspiracies to destroy and overthrow the lawes and liberties of England, and to ingrosse, inhance, and destroy the trades and Franchises of most of the Freemen of London.

But if it should be objected. That these things are the ancient customes and practices of the Grandees of London: and therefore by prescription of time are become lawes thereto;

I answer: Course of time amends not that which was nought from the beginning. And that which was not grounded upon good right, and found reason; is not made good by continuance of time. And therefore to give a definition of the Lawes of England, as it may be proved out of the workes of the best and most conscientious Lawyers thereof.

It consists of the ancient constitutions, and modern acts of Parliament, made by the States of the Kingdome: but of these onely such as are agreeable to the word of God, and law of Nature, and sound Reason.

Or the Fundamentall Law of the Land, is the PERFECTION of Reason, consisting of Lawfull and Reasonable Customes, received and approved of by the people: and of the old Constitutions, and modern Acts of Parliament, made by the Estates of the Kingdome. But such only as are agreeable to the law Eternall and Naturall, and not contrary to the word of God: For whatsoever lawes, usages, and customes, not thus qualified; are not the law of the land: nor are to be observed and obeyed by the people, being contrary to their Birth-rights and Freedomes, which by the Law of God, and the great Charter of Priviledges, they ought not to be.

And therefore Sir Richard Empson, and Edm. Dudley, Justices of Peace, were both hanged in Henry the eighths dayes, for putting in execution, severall illegall practices grounded upon an unjust law made in the 11. H. 7. chap. 3.1. which, as honorable Sir Edw. Cook saith, was made against, and in the face of the Fundamentall Law of the great Charter, 2. part. Instit. fol. 51.

And just it was they should be thus dealt with, because it is honorable, beneficial and profitable for the Common-wealth, that guilty persons should be punished, lest by the omission of the punishment of one, many men by that ill example, may be encouraged to [42] commit more heinous offences. And excellent to this purpose, is that saying of the Parliament, which I desire they may never forget, Book, Declar pag. 39. which is, That they are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And therefore pag 656. they call the execution of the law, the very life and soule of the law, as indeed it is: without which; it is but in truth a dead letter, and a sencelesse block. But woe unto you prerogative Patentee-Citizens, if the Law shall be executed upon you; I professe I will not give three pence for an hundred of your estates, for all the greatnesse rhereof, what-ever become of some of your liberties, or lives; which many of you have hitherto preserved by bribes, and other indirect courses. Witnesse some of you in a joint fraternity, like brethren in evill, giving above threescore thousand pounds at once for a bribe in the dayes of the Councell-Table, to preserve you from Law and Justice; and to destroy the Law, and to buy and rob your fellow-Citizens, as free as your selves, of their liberties, franchises, trades, and livelihoods. Read the Discourse for Free Trade.

Onlye worse then high-way men, pick-pockets, & housebreakers, who now would fain transform your selves into Angels of light, like your old wicked Father, & become godly Presbyters, that now-sprung-up Sect and Heresie in England; whose Lordlinesse and pride, was long since as Heathenish, and Gentilisme, condemned by Christ and his Apostles; and zealous Covenanters, which you make your stalking horse, to disfranchize all honest and tender conscience men, that cannot take that impossible to be kept, and double-faced Covenant, the greatest make-bate and snare, that ever the Divell, and the Clergy his Agents, cast in amongst honest men in England, in our age; which I dare pawn my head and life so to prove it to be, in a fair & publike discourse, against the greatest maintainer thereof in England. But alas! If it were ten times worse, your wesons are wide enough to swallow it down, and your consciences large enough to disgest it, without the least danger of vomiting: But I hope the true, faithfull, and just God of Heaven and Earth, will raise up heroical Instruments, to unvaile, and unmask you, and bring about wayes & means enough, for all your jugling, and machivel-like endeavours, to divide the peoples affections, each from other, about those unhappy names [43] of Independents and Presbyters, to bring you to condigne, and just deserved punishments, before you have fully sadled and bridled them, and made them fit to be rid by you as slaves: And therefore, for the further discovery of you, I judge it not amisse, here to insert, that excellent Petition of Mr. William Sykes, and Thomas Johnson, delivered in writing first to the house of Commons, and then in print to the Members thereof; which thus followeth:

To the Honourable the Knights, Citizens, and Burgesses of the Commons House in Parliament Assembled.

The humble Petition of William Syeks, and Thomas Iohnson, Marchants, on the behalfe of themselves, and all the freemen of England.

Sheweth,

THat whereas divers Marchants in the 21. year of the Raign of Queene Elizabeth, under the great Seal of England, obtained a large and illegall Charter of incorporation, for them and their Company, to use the traffique and seat of Marchandize, out, and from any of Her then Majesties Dominions, through the Sound into divers Realmes, Kingdoms, Dominions, Dukedoms, Countries, Cities, and Townes, viz. Norway, Sweden, Poland, &c. Whereby none but themselves, and such as they shall think fit, and for such fines and compositions as they shall impose, shall take any benefit by the said Charter; disfranchising thereby, all other the free-borne people of England, who during the time of all these warres, have been in divers respects, greatly charged for the defence of this present Parliament; the lawes and liberties of their native [44] Country, and therefore ought indifferently to enjoy the benefit of the good lawes, franchises, and immunities by Magna Charta established: which great Charter hath been ratified by 31. sessions of Parliament; as also this present Parliament, being bound by protestations, oaths, and covenants to maintaine the same: by reason whereof, and other illegall monopolies, they are debarred from that free inlargement of common traffique, which the Kingdoms of Scotland and Ireland do enjoy; the same being destructory to their laudable liberties and priviledges, the fundamentall lawes of the Land, to the manifest impoverishing of all owners of ships, masters, mariners, clothiers, tuckers, spinsters, and multitudes of poore people; besides the decrease of customs, the ruine and decay of navigation, together with the abating the price of our wools, cloth, stuffe, and such like commodities, arising and growing within this Ralm, and the inhauncing of all commodities imported from those forraign parts, by reason of the insufficiency of the merchants, they being few in number, and not of ability to keepe the great store of our ships and seafaring men a work, and to vend our native manufactories, and likewise by reason that those forraign commodities are in few mens hands, much hurt and prejudice hath redounded to every private or freeman of this Kingdom, and tendeth to the ruine of the constitutions thereof.

Your Petitioners most humble suit is, that the charter and monopoly of the Eastland-merchants, the charters and monopolies of the merchant Adventurers, Turkie-marchants, Greenland-marchants, Muscovia-merchants, &c. upon mis-informations, and untrue pretences of publike good, so unduely obtained, and unlawfully put in execution, to the great grievance and inconvenience of the free Denizons of this Realm, contrary to the great Charter, and divers other statutes of former Parliaments, viz. the 12. H. 7 the 3. Jac. which was made for the overthrow of the Spanish Corporation, &c. the Petition of Right, the act made for the abolishing of the Star-Chamber in this present Parliament (in which our liberties and freedoms are confirmed) may be, as indeed they are, declared to be contrary to law, and to be utterly void, and of none effect, and in no wise to be hereafter put in execution: and this we are the rather imboldened [45] to crave, for that the Parliament in the 3. Car. by the Petition of Right, and this Parliament by the act for abolishing the Star-Chamber, have confirmed the statute of tallage, made in the 34. of Edw. 1. whereby in the 4. chaptar, it is enacted; that we shall have our lawes, liberties, and free customs, as largely and wholly as we or our ancesters have used to have the same at any time, when we had them at the best: and if any statute hath been made, or any custome brought in contrary to them; that such manner of statutes and customs, to be void and frustrate forevermore: and by another statute of the 25. Edw. 1. yet in force, and unrepealed, It is enacted, that if any Iudgement be given contrary and against the subjects liberties, confirmed by Magna Charta, by any Iustices, or by any other Ministers, that hold plea before them; the same shall be undone, and holden for nothing: all which your Petitioners doubts not but you will grant and confirme, and no more subject your Petitioners to those law-destroying monopolizers: but that free trade and traffique may be restored in all points, according to law, as of right it ought to be: these Corporations called to a strict account for all their wrongs and oppressions, and reparations made to the parties grieved, as shall be agreeable to justice (the life and soule of all well-governed Common wealths) that all men hereafter to succeeding generations, may be terrified from making inchroachments upon the common liberties and freedoms of the people.

And your Petitioners shall ever pray, &c.
William Sykes.
Thomas Johnson.

March the 4.
1645.

And I doe hereby exhort all my fellow-Citizens that have been denied and prohibited by you to follow their trades and vend their goods, seriously to read over the Statute of Monopolies, made 21. James, chap. 3. and seriously with the best advice and counsell they can get, consider thereof; and I believe they will, by it, finde your practises to be against the Fundamentall Laws of England, and your selves liable to pay treble dammages, and double costs, to every man that shall ground his action upon this Statute; and, sue you at common-law, for hindering, grieving, disturbing, or disquieting, or his, or [46] their goods, or chattels, any way seizing, attaching, distraining, taking, carrying away, or detaining by occasion, or pretext of any Monopoly, or of any such Co~mission (as in the Declaratory-part of this Statute, is mentioned) grant, licence, power, liberty, faculty, Letters-Pattents, proclamation, inhibition, restraint, warrant of assistance, or other matter, or any thing tending as aforesaid.

And for the incouragement of all those, that sue upon this most excellent Law; it is enacted in the body thereof, That he that delayes an action grounded upon this Statute, incurs a Praemunire, according to the Statute of the 16. R. 2. chap. 5.

But if you shall think, that you are free, by reason of the 5. proviso therein contained: I believe you are meerly cuzoned; for if you read the Preamble or Declaratory-part of the Statute, you shall find it there declared, That all grants of Monopolies, and of the benefit of any penall Lawes, or of power to dispence with the Law, or to compound for the forfeiture, are contrary to Law; So that thereby it appears, the antient fundamentall known law of the Land, is absolutely against Monopolists; so that this Statute is no new law, but a declaration and confirmation of the old and just law of the Land, which makes the Statute the more stronger: but least it should in future time, by any scrupulous or cautious Judge, be questioned, whether it bee a true Declaration of the Law: Therefore, to make it strong, without staggering; it is not only declared to be law, but it is enacted to be so, and that by all the estates, in a free and peaceable time; which makes it as firme, and sure, without the least flaw in the world, as it is possible for any humane law to be made: And therefore, for the avoyding, and preventing of the like mischiefs in future time, as had happened in the Kingdome in times past, to the great grievance and inconvenience of the people; May it please your most excellent Majesty, at the humble suit of the Lords Spirituall and Temporall, and the Commons in this present Parliament assembled, That it may be declared and enacted; And be it declared and enacted, by authority of this present Parliament, That all Monopolies, and all Commissions, Grants, Licences, Charters, and Letters Pattents, heretofore made or granted, or hereafter to be made or granted to any person or persons, bodies politike, or corporate whatsoever, of, or for the sole buying, selling, making, working, or using of any thing within this Realme or the Dominion of Wales, or of any other Monopolies, or of power, liberty, or faculty, [47] to dispence with any others, or to give licence or toleration to doe, use, or exercise any thing against the tenour or purport of any Law or Statute, or to give or make any Warrant for any such dispensation, licence, or toleration to be had or made or to agree, or compound with any others for any penalty, or forfeitures limitted by any Statute, or of any Grant or promise of the benefit, profit, or commodity of any forfeiture, penalty, or summe of money, that is, or shall be due by any Statute, before judgment thereupon had, and all Proclamations, Inhibitions, Restraints, Warrants of Assistants, and all other matters and things whatsoever, any way tending to the instituting, erecting, strengthening, furthering, or countenancing of the same, or any of them; are altogether contrary to the Lawes of this Realm, and so are, and shall be utterly void, & of none effect, and in no wise to be put in ure or execution.

Now I pray tell me, ye Monopolizers of London, of what strength, validity, or authority, is your proviso against this strong declared Law? truly, not worth a button, being absolutely weaker, then all the other 9 Provisoes.

But let us a little consider of your proviso; the conclusion of which, expresly saith, That your Fraternitie, Charters, Customes, Corporations, Companies, Fellowships, and Societies, and their Liberties Priviledges, Powers, and Immunities, shall be, and continue of such force and effect (mark it well) as they were before the making of this Act, and of none other: any thing before in this Act contained, to the conteary, in any wise notwithstanding. And truly, they were all of them illegall before, and therefore of no force and effect, as is fully proved and declared in the Preamble, so that you get not the breadth of a hair, either in point of benefit or power, by this proviso. But, notwithstanding, your Pattents, Charters, &c. are not onely declared and enacted, to be illegall, but also your estates liable to pay treble dammages, and double costs, to all men that you wrong, contrary to this just and excellent Law: in which, besides the incurring the Premunire, to any that shall delay an Action grounded upon this Statute: It is also enacted, That no Essaign, Protection, Wager of Law, Aid Prayer, Priviledge, Injunction, or order of restraint, shall in any wise be prayed, granted, admitted, or allowed, nor any more then one imperlance.

And for the further illustration, that the Proviso of London is under, both the declaratory, and penall part, of this Statute; seriously read [48] and consider, the strength of the five last provisoes, which onely are fenced in unquestionably, and you shall find their provisoes run clear in another strain to that of London, viz. Provided also, and be it enacted, that this Act, or any Declaration, provision, disablement, penalty, or other thing before in the Act mentioned; shall not extend to, &c. and in the conclusion of their proviso, the words run thus. That all &c. shall be, and remain of the like force and effect, and no other, and as free from the declarations, provisions, penalties, and forfeitures contained in this Act, as if this ACT had never been had nor made, and not otherwise.

But compare the proviso for London (which is absolutely the weakest of the rest) and you shall find no such words in it at all; the words of which Proviso; thus followe:

"Provided also, and it is hereby further intended, declared, and enacted; that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall unto the City of London, or to any City, Borough, or Towns-Corporate within this Realm; for, or concerning any Grant, Charters, or Letters-Pattents to them, or any of them, made or granted, or for, or concerning any custome or customes used by or within them, or any of them, or unto any Corporations, or Fellowships of any Art, Trade, Occupation, or Mystery, or to any Companies, or Societies of Merchants within this Realm, erected for the maintenance, enlargement, or ordering of any Trade of Marchandize; but that the same Charters, Customes, Corporations, Companies, Fellowships and Societies, and their liberties, priviledges, powers, and immunities shall be and continue of such force and effect, as they were before the making of this Act (which was just none at all) and of no other: any thing before in this Act contained to the contrary in any wise: notwithstanding, the Statute of 3. James, chap. 6. which Statute opens and make free, the trade for Spain, Portugall, and France, with Sir Edward Cookes Coment upon the Statute of Monopolies, in the 3. part of his Institut. fol. 181. and his sayings upon the same subject, in his Exposition of Magna Charta, 2. part, Institut. fol. 47. is extraordinary well worth the judicious Readers serious perusall; for they will give a great deale of light about these Monopolists, &c. But in case the Reader have not the bookes by him, nor cannot furnish himself therewith without a great deal of money; if he please to furnish himself with my fore-mentioned [49] Treatise (which for a very small matter he may) called Innocencie and Truth justified, and read the 55, 56, 60, 61, 62. pages thereof: you shall finde there, both the fore-mentioned Statute at large, and the marrow of Sir Edward Cookes Aaguments; to which I refer you.

But if any man shall propound the question, and ask what's the reason that the Statute of Monopolies, being a Law of so great concernment, to all the people of London, is no plainer penned.

I answer (according to that information that I have from every good hand, and one that knowes as much of the hammering contriving, and passing of that Statute; as I think any one man in England doth) that in the Parliament before this most excellent Law passed, it was in more plainer expressions then now it is sent up to the Lords, who judged it so prejudiciall to the Prerogative, and divers great Courtyers, that with scorne and indignation they tare it in their house, and threw it over their Bar; so that there was an end of it for that Parliament: But it being of so much use to the Commonwealth, as it was; some Patrons thereof in the next Parliament, set it on foot again, and prosecuted it very close: but judging it impossible, purely without clogs to passe the Lords; and if it did passe the Lords, yet they feared it would stick at the King; and therefore put in some colourable provisoes, which not one in a hundred could rightly understand: but it coming into the Lords house with the provisoes, much all alike, the subtle, crafty, Attorney Generall, then Sir Thomas Coventry late Lord-Keeper presently found out the fallacie; and being put upon it by his Master the King, strengthened the five last provisoes as they are, which principally served his turn, and beating then a good-wil to the Common-wealth and the Law of the Kingdome, passed by that proviso of London, &c. that so the Act might be as beneficiall for the Kingdom, as possible it could bee got to be then: and to be the promoters of that Statute, were willing to please the King and his Courtiers, in admitting the five last provisoes, having gained London, &c. being the main and principal of all the rest, rather then not to have it passe at all; which then it was impossible to do without them: and therefore there was an extraordinary great necessity, to pen it so ambiguous & doubtful as it is, not only for casting a mist over the Citizens eyes, as indeed they have done it excellently well; who if it had been plain, perspicuous, and [50] easie to their understandings, would have interposed with all their might and strength: and if they could not have prevailed to stop it in the House of Commons; would have gone near to have bribed all the Courtiers about the Court (in which practises they are very well versed) before it should have passed either with the Lords, or King.

Now seeing the Patentee-Monopolizers are so pernicious and destructive to the lawes and liberties of England, as by constant experience they are found to be; that both informer Parliaments, and this present Parliament, the House of Commons have thrown divers Patentee-Monopolists, out of the House; as altogether unfit to be law-makers, who have been such law-destroyers. It had been pure Justice indeed, if they had made no exceptions of persons; but swept the House of all such: and then the King in his Declaration of the 12. August, 1642. Book Declar. pag. 516. had not had so much cause too justly to hit them in the teeth, with being partiall in keeping, Justice Laurence Whittaker, &c. who the King there saith, hath been as much imployed as a Commissioner in matters of that nature, as any man. And by all the information that I can get, or heare of, from those that knew him well before the Parliament; the King in this particular hath spoken nothing but truth: and I am sure, and will to his face make it good, secundum legem terrae (that is by the law of the land, but not by the arbitrary law of Committees, that his estate and head will not make a sufficient satisfaction to the kingdome for those intolerable In-rodes that he hath made since this Parliament, into & upon, the fundamental and essential liberties, privileges, and lawes of England. Therefore to you my fellow-Citizens, the Cloke-men of London, I make this exhortation, to make a petition to the Parliament, to bring him, & all such Delinquents, to condigne punishments: which both the most of you, and the Parliame~t are bound unto (not only by your own interest, but also) by your protestation, &c. Book. Declar. 156. 191. 278, 629. And good encouragement you have from their own Declarations, so to doe: For there they say, Book. Decl. 656. The execution of Justice is the very soul and life of the law. And pag. 39 they say, They are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And in pag. 497. they say, Woe unto [51] them if they doe not their duty. Therefore never think that the Parliament will be worse then their words, or throw their own Declarations behind their backs: and therefore if you want the fruit of them; blame your selves for not pressing them to make them good unto you. For I am sure it is their own Maxime and saying, that, of the Parliament there ought not to be thought or imagined a dishonourable thing, page 28. and therefore, as they would have men to believe the truth of this Maxime; so undoubtedly they will be very careful and wary not to do a dishonourable action, much lesse to protect visible Delinquents and Offendors amongst themselvs in the great Councel of the Kingdom, which were not only a dishonourable action, but would justly open all rationall mens mouths (not only to think, but also) to speak dishonourably of them.

But it may be, you will say, that your Grandees of London tell you, the Parliament will receive no Petitions from a multitude of Citizens, unlesse it come through the Common-councel.

I answer, true it is, there hath been a very strong report of such a thing in London; but roguery, knavery, and slavery is in the bottome of it: for if the prerogative-men of London could once bring you to that; they might tyrannize over you at their pleasure, ten times more then they do. Therefore, an enemy to the Liberties of England and London in the highest degree; hee is that would perswade you, to believe any such thing: Yea, and I say further, he is an enemy to the honour, dignity, and safety of the Parliament that so doth: for this were to destroy the fundamentall freedomes of England, which the Parliament themselves cannot destroy, being appointed to provide for our weal, but not for our woe, Book Decl. p. 150, 81, 179, 336, 361, 382, 509, 663 721, 726. and themselves say, pag. 700. that all interests of trusts are for the use of others, for their good, and not orherwise.

And punishable is he, that shal make the people believe any such thing: the Parliament judging it the greatest scandal, that can be laid upon them, that they either do, or ever intended such a thing, as to inslave the people, and rob them of their liberties and freedomes, Book Decl. p. 264, 281, 494, 496, 497, 654, 694, 696, 705, 716.

And therefore, when the King chargeth it upon them as a crime, that they have received Petitions against things that are established by Law; they acknowledge it to be very true, And further [52] say, that all that know what belongeth the course and practice of Parliament, will say, that we ought so to do; and that both our Predecessours, and his Majesties Ancestors have constantly done it, there being no other place, wherein lawes, that by experience may be found grievous and burthensome, can be altered or repealed; and there being no other due and legall way, wherein they which are agrieved by them, can seek redresse, Book Decl. pag. 720.

Yea, and when his Majesty hits them in the teeth, with the great numbers of people that used to come up to Westminster, the beginning of this Parliament, calling them tumultuous numbers;They tell him, that they do not conceive that numbers do make an Assembly unlawfull; but when either the end, or manner of their carriage shall be unlawfull. Divers just occasions (say they) might draw the Citizens to Westminster, where many publike and private Petitions, and other causes were depending in Parliament, and why that should be found more faulty in the Citizens, then the resort of great numbers every day to the ordinary Courts of Justice, we know not, Book Decl. p. 201. 202. And therfore, pag. 209. they affirme, that such a concourse of people, carrying themselves quietly and peaceably (as they did) ought not in his Majesties apprehension, nor cannot in the interpretation of the Law, be held tumultary and seditious:

And therefore up and be doing againe, as then you did, and also petition for the exemplary punishment of those amongst themselves, that have robbed you of your Lawes, Liberties, Franchises, and Trades; for besides all that is before named, a greater is behinde, namely, the disfranchising of all you Clokemen of London, in giving any vote in chusing your Burgesses for Parliament, although I am confident you are above three hundred, for one Livery-man, and although your Persons and Estates, I dare say it have been voluntarily ten times more ready and serviceable, in these late distractions, to preserve the Parliament, and the Kingdome, and the lawes and liberties thereof, then the Gowne or Livery-men; although you be rob'd, by them of yours. Truly for my part, I speake from my soule, and conscience, without feare, I know no reason (unlesse it can be proved that you are all slaves & vassals( why you should be concluded by the determinations, orders, and decrees of those, that you [53] have no vote in chusing: (for it is a true and just maxim in nature, no man can binde me but by my own consent) neither do I see how in reason or conscience it can be expected from you, to pay any taxes, &c. but that the whole charge that is layd upon this City, should totally be borne by the Aldermen, and the Livery men till you be actually put in possession, and injoy your equall share in the lawes, liberties and freedoms thereof; as by the law of nature, reason, God and the land, yea, and your own antient and originall Charters, the meanest of you ought to do, as fully and largely in every perticuler, as the greatest of them.

And now I am upon this theame, I will make bold humbly to propound or declare to the consideration of the Parliament, an insufferable injury, and wrong, that is done unto thousands of the freemen of England, by vertue of Prerogative Charters, and corporations, and the restrictive and unjust statute of the 8. H. 6. chap. 7. First, by Prerogative Charters, the King makes corporations of what paltery Townes he pleaseth, to chuse two Burgesses for the Parliament, in diver of which a man may buy a Burgesship for 40. or 50. l. and in some of which is scarce, 3. legall men to be found according to the Statute of 8. H. 6 7. that is to say, men that are worth 40. s. in land by the yeare, above all charges, and in others of them, are scarse any but Ale-housekeepers, and ignorant sots, who want principles to chuse any man, but only those, that either some lord, or great man writes for, and recommends; or else one who bribes them for their votes; and this undenezing of those Corporations, is an undenezing to all the towns and villages adjacent; in which live thousands of people, that by name are free-men of England, and divers of them men of great estates in money and stock; which also also are disfranchised, and undenezed, by the fore-mentioned unrighteous Statute; because they have not in land 40. s. per annum, and so shall have no vote at all in chusing any Parliament man, and yet must be bound by their Lawes, which is meer vasalage; and besides, unrighteous it is, that Cornwall should chuse almost 50. Parliament-men; and Yorkeshire twice as big, and three times as populous, and rich, not half so many; and my poor Country the Bishoprick of Durham, none at all; and so indeed, and intruth, are meer vassals and slaves, being in a great measure like the French Peasants, and the Vassals in Turkie: but the more fooles [54] they: for I professe, for my part, I would lose life and estate, lived I now in that Country, before I would pay 6. d. taxation; unlesse it might enjoy the common, and undeniable priviledge in chusing, (as others, and all the Countries in England, besides, do) Knights and Burgesses, to sit and vote in Parliament: the greatest hinderer of which, at the present, I judge to be old Sir Henry Vane, the Uaine and unworthy Lord Lieutenant thereof, who hath done more mischiefe to that poor Country, by his negligence, if not absolute wilfulnesse, perfidiousnesse, and treachery, (the discovery of which you may partly read in the 19, 20, 21. pages of Englands Birth-right; and which I understand is likely shortly more fully to be anatomized (if he turn not the more honester and juster speedily) by them or him, that to the death will avouch it,) then his life and estate can make satisfaction. And therefore, me thinks it were a great deale of more Justice and Equity, to fixe upon the certain number of the men, that the House of Commons should consist of at 500. or 600. or more, or lesse, as by common consent should be thought most fit; and equally to proportion out to every County, to chuse a proportionable number, sutable to the rates, that each County by their Bookes of Rates are assessed, to pay towards the defraying of the Publique charge of the Kingdome; and then each County equally and proportionable by the common consent of the People thereof to divide it selfe into Divisions, Hundreds, or Wapentakes, and every Division of and within themselves, to chuse one or more Commissioners to sit in Parliament, sutable to the proportion that comes to their share: which would put an end and period to all those inconveniencies that rarely happen, which are mentioned in the foresaid Statute of the 8. H. 6, 7. and restore every free-man of England, to his native, and legall rights and freedomes: Oh! that England might enjoy this peace of pure Justice; the which if it do not, the free-men thereof may blame themselves.

But now to return back to the City, and its prerogative-Monopolizers, who, and their predecessors, I may justly say, have been main and principall Instruments of all Englands woe and miserie; as I dare pawn my life upon it, cleerly, justly, and rationally to demonstrate: for what hath brought all the present wars upon us, but the unjust swelling of the Prerogative, beyond the just Bounds of the known, and established Law? and who hath put the arbitrary commands therof [55] in execution; but principally the Monopolizing Citizens? as in hundred of particulars, might cleerly be evidenced, and furnished the King from time to time, and year to year, with vast sums of money, to supply his extravagancies, and the extravagancies of his extravagant Courtiers, which did inable him to break off former Parliaments at his pleasure, and to keep them off, so long, till this poor Kingdome with oppression and injustice was almost destroyed.

And sure I am, if the King had found none to obey, or put in execution his illegall commands; our former miseries, and these present warres had never been: and impossible it would have been for the King to have kept off Parliaments so long as he he did, if these men and their predecessors had not been beginning, originall, and ill presidents, illegally (from time to time for their own particular ends and advantages) to supply his necessities with vast summes of money: yea, I have heard it from very good hands, of solid and substantiall Citizens, That after the breaking up of the Parliament in the third of this King, the Corporation of MERCHANT ADVENTURERS, freely and voluntarily without any compulsion, made a most unjust, and England-destroying and inslaving order, in their Company, TO PAY VNTO THE KING CVSTOMES, &c. for all their Merchandise, contrary unto law, and the liberties of England. Yea, and in affront of the late, or most excellent Parliament that had made the Petition of Right, by which all royall impositions, and levies whatsoever, are damn'd: and not onely enacted, but also declared, to be against the Fundamentall lawes of the kingdom; and yet I never heard of any of these men, whose life and estate was made a just sacrifice there-for; although to my understanding, they as much, if not more, deserve it, then the Earle of Strafford, But contrary to their deserts, divers of the Grandees of this very Monopoly, and illegall Corporation, are become the great Treasurers of the kingdomes money, both in the Custome-house, and Excise; contrary to law, right, equity and conscience: which action of the Parliaments, in putting them into those a grand places, loseth the Parliament more in the affections of thousands of honest people; and will, if not speedily prevented, make a greater breach in the peace of this distressed kingdome, then all their estates confiscated will repay: For people doe already very much murmure, and begin privatly to question the intentions of the [56] Parliament in reference to these men: and many begin to say, that this demonstrates unto them, that they shall but only have a change of Masters, and not of their Bondage, slavery, and oppression; seeing such Varlets, Vipers, Pests, enemies and destroyers of the lawes and liberties of England imployed in the great Places of the kingdom, who must needs act according to their old and corrupt principles, and drive on their habituated and destructive designes against the weale, peace, trade, and tranquillity of this poore bleeding kingdome. And if (say the people) these worst of men, who eat up mens trades and livelihoods, and so suck their bloods, as Sir Edward Cook in his forementioned discourse well observes, and destroy men and this poore kingdome, with a secret destruction, shall possesse the Custome-house; are they not enabled thereby to curb every Merchant that hath any Principles in him for the lawes and freedomes of England; are they not enabled hereby, to send their agents, creatures, and servants, to all the Ports and Sea-townes of England, where, they have an influence into the elections of all the Burgesses that in any of them are chosen to sit in Parliament. By means of which we may have (say they) wickednesse, bondage, slavery, and all kind of Monopolies established by a Law: and then our last error will be worse then the first, and all our money, & blood, and fighting, shed and spent in vain. And have not the Excise-men the same power in every particular, in their hands likewise: For can they not, yea doe they not sit upon the skirts of every man that hates and opposes their tyrannizing and monopolizing wayes? And doe they not authorize, and send their Sub-commissioners, &c. into all the Counties and Corporations in England, where they have the same influence into all elections, that their brethren at Custome-house have in Sea-ports and Havens? Nay, these Blades strengthen their interest, and make it double. Threfore look about you Gentlemen, before it be too late. For sure I am, were it not for those unhappy, unnaturall and irrationall divisions, that these men (with the help of their Monopolizing brethren the Clergy) have made amongst us; I am assuredly and confidently perswaded, that neither the King nor the Scots, nor yet the unjust Lords, would be so high in the Instep, as they are; which is like to beget a new warre again. For shame therefore unite in affection, though you cannot in judgement, in matters of Religion, and study and stand for your common interest, lawes and liberties, and [57] take heed the French come not creeping in at a back doore: For they have already got Dunkirk, and so are furnished with a good Harbor and store of shipping, from whence with a faire wind they can in 6 or 8 hours land in the coasts of Kens, Essex, Suffolk or Norfolk: Therefore beware of those two dangerous places, Lin, & the Isle of Lovingland, hard by Yarmouth: therefore up, and as one man, to the Parliament with a Petition, to displace all those Monopolilizers, and to put honest Englishmen into their places, that love the Fundamentall lawes, and the common and just liberties of the Nation; And also desire the Parliament to reduce the publick treasure of the kingdom, into the cheap, publick, and old good way of the kingdome. The Exchequer for these obscure clandestine wayes of these mens receiving and paying moneys, is not safe nor profitable for the kingdome, if you will beleeve Mr. John Pyms Speech, made at the Barre of the House of Peeres against the Duke of Buckingham, which is a most excellent speech. And also desire the Parliament, not onely to remember, but also cordially, heartily, and really to put in execution their selfe-denying Ordinance, that they themselves may be examples of self-deniall to all the men in the kingdome. For a hard matter is it for any Parliament-man what-ever he be, in such times of distresse as these are, wherein Souldiers that have ventured their lives for eight pence a day, to save both the Parliament and the kingdome, and many poore Widowes and fatherlesse children, that have lost their husbands and Fathers in the warres, and are now ready to sterve and perish for want of bread; and yet cannot get their small arreares. And when the kingdome is reduced to that poverty, that Excise and Taxes must be laid upon poor men, that have wives, children and families, and nothing to maintain them with, but what they earn with the labour of their lands, and the sweat of their browes, and yet then for &c. to have great places of 1000. l. 1500. l. or 2000. l. per annum, and the salaries and stipends of them paid out of the publick stock, when they are able to live in pomp and gallantry of themselves besides: and it is possible to get honest, faithfull, and experienced men, that have ventured life and all for the common wealth, to officiat in those places, as well, if not better, for 100. l. or 150. l. or 200. l. per annum: let such men, if there be any professe what honesty or Religion they wil;l I professe seriously, that to me such actions, at such a time as this; are cleare demonstration [58] to me, that such men have neither honesty, Christianity, nor Religion; but meerly make them pretences for their own unworthy ends.

And this Parliament being now a standing Parliament, and like so to continue; it is very hard that the Lawyers thereof should run from Bar to Bar to plead causes before Judges made by themselves, who dare not easily displease them, for feare of being turned out of their places by their meanes. Sure I am, well and conscienciously to officiate the single place of a Parliament man; is enough for one.

But to return again to the Monopolizers, the endevourers, & contrivers of Englands destruction. If Alex. Archb. of Yorke, and Rob. de Veere, Duke of Ireland, &c. deserved to be prosecuted as traytors, for but endeavouring at the Kings co~mand to destroy certain members of both Houses: How much more doe these law-and-kingdome-destroying Monopolizers, deserve the same, that have not onely endevoured the destructions of some Parliament-men, but also the very Being of all Parliaments themselves; and so by consequence; the whole kingdome. Sure I am, if the Commonalty of London will carefully peruse their own ancient and just Charters, they shall find, That they within themselves have power enough not onely to disfranchise all these Monopolizers, but also all other freemen of London that shall endevour the destruction of their ancient fundamentall and just Freedomes, Liberties and Franchises: And that they, namely, the Commonalty, have not onely liberty to chuse their Lord Maior, and that not onely from amongst the Court of Aldermen; but also if they please, they may chuse a discreet man from amongst themselves: And the Commonalty in every Ward; upon a fixed day, are inabled once every yeare to chuse an Alderman in every Ward, with an expresse Prohibition, that one man shall not be Alderman two yeares together. And the Commonalty expresly have a power to chuse Chamberlaine, common Sergeant, Bridge-master, &c. and to whom alone they are to be accountable for the moneys in their offices received.

Now having brought this Discourse to this period; it behoves me a little to Apologize for my selfe: because I beleeve I shall have a whole sea of indignation to arise against me; which I heere professe I feare not, nor value, if I may have faire play, and have not my hands and feet bound, and then challeng to fight, and defend my self. And truly I must say, and that in the presence of God. I have [59] in the singlenesse of my heart, without ends of my owne; discharged my conscience: the boylings of which I could not withstand, being at the writing hereof in Jeremies case, when he said, pleading with God, Thy word was in my heart as a burning fire shut up in my Bones, and I was weary with forbearing, and I could not stay, Jer. 20.9.

But yet, because what-ever I meet with besides, I perswade my selfe I am sure to meet with the revilings, and reproches of the barking curs of the times, such as (S. Shipard) &c. who in my close captivity have nibbled at my heeles, like brats of the old Serpent; I shall therefore, for my present apologie, publish to the view of the world, the dealings of Mr. Iohn White, a Warder in the Tower with me, who lately writ a most false and scandalous book against me, & with much importuning the Lieutenant of the Tower, (being prohibited Pen, Ink, and Paper) I obtained leave from him, upon certain conditions made with him, to write an answer to it; which was, that I should not in the least meddle with his masters that committed me; and to let him see it, before it was printed, which I performed. But my Angatonist, old Iohn White, as it appears to me, hearing the Answer was very plain, and home English; sent me a message by a Gentleman, my fellow-prisoner, That he desired to put the difference betwixt us to arbitration: And I being a man of peace, and willing to avoid jangling, if it were possible; upon agreement to compose it.

I did chuse two of my fellow prisoners, strangers to me, and men of opposite principles; but knowing the Justice of my cause, and being convinced of the morall Justice of the Gentlemen: I chose Sir Lewis Dive, and Sir William Morton; and he chuse Sir John Strangewayes, and Sir John Glanvill; and the first day of the hearing of the businesse was before Col. Francis West Lieutenant of the Tower at his own house, where we both referred our selves, to stand to the finall award of our foresaid Arbitrators: at which hearing, they were pleased to give my Antagonist certain dayes time to procure Witnesses, to prove the essentials of his Charge; and he out-stripping the time, and I lying under his publike disgrace and calumny; I pressed them for a conclusion: upon which they issued out this following Warrant.

WE whose names are subscribed, Arbitrators indifferently chosen to end all differences betwixt Lieutenant-Colonell John Lilburn [60/61] of the one party, and Mr. John White one of the Warders of the Tower of the other party, have appointed to morrow next at three of the clock in the afternoon, at Mr. Lieutenants house in the said Tower, further to hear, and finally to determine the said differences; whereof wee desire the said parties to take notice, and then to be present with their Witnesses, and all such proofe, as they will use in the premises. Given under our hands this 5. of October, 1646.

John Glanvill.
John Strangewayes.
Lewis Dive.
William Morton.

But the next day, the Lieutenants office not permitting him to be present at the finall hearing; we all met at Sergeant Glanvils Chamber, where after a large and faire hearing, they made this award under their hands and seales; the Copy of which, thus followeth:

TO all true Christian people to whom these presents indented shall come; We Sir John Strangewayes, Sir Lewis Dive, Sir John Glanvill, and Sir William Morton Knights, Arbitrators, heretofore (that is to say, upon the 26. day of Septemb. last past, before the date hereof) indifferently chosen by Lieutenant Col. John Lilburn, "of the one party, and John White, one of the Warders of the Tower of London, of the other party, for the ending of all differences, and matters of controversie betwixt them; having entred into the hearing of the said differences, and matters of controversie, upon the said 26. day of September, and having upon the 6: day of this instantmoneth of Octob. 1646. in the 22. Yeare of the Raigne of our Soveraign Lord King Charles, fully heard the said differences, and matters of controversie; Doe find the same to be, and arise by, and upon the writing and publishing in print, of a certain Book, entituled, John Whites Defence, in behalf of himself, &c. against a lying and scandalous Pamphlet, written by John Lilburn, entituled, Liberty vindicated against Slavery: In the 7. p. of which Book, to written, and published by the said John White; he intimateth, That the saidLieut. Col. Lilburn, was, and is the Author of another scandalous Libell; entituled, An Alarum to the House of Lords: and in a [60] Postscript added to the same Book of the said John White, pag. the 12; he alleadgeth the said Lieut. Col. John Lilburn, to be the Author and "contriver of a printed Letter, annexed to the said Book or Treatise, of Liberty vindicated against Slavery: of which Letter, hee rehearseth a passage, reflecting in a scandalous way upon the honourable houses of Parliament: Of which Book, entituled, John Whites Defence, &c; the said John White confesseth, and acknowledgeth himself to be the Author and Publisher.

But the said Lieut. Col. Lilburn denied himself to be in any sort the Writer, Contriver, Author, or publisher of the said other Books, Treatise, and Letter, or of any of them; or that he had any hand, direction, or approbation, in, or concerning the writing, printing, or publishing of the same, or any of them.

"And the said John White, did not at our entring into the hearing of the said differences, and matters of controversie, nor at any time since produce or offer unto us any sufficient proofs, by witnesses, or otherwise:Wherby it did, or might appear unto us, That the said Lieut. Col. Lilburn was the Writer, Contriver, Author, or publisher of the said Bookes, Letters, and Treatise, so by him denied as aforesaid, or of any of them: And the said John White being now offered further time to produce his witnesses, or other good proofs, which he had to insist upon, for the making good of the severall Imputations, in, and by his the said John Whites book, laid and fixed upon the said Lieut. Col. Lilburn; He the said Iohn White, absolutely refused to take any further time in that behalf; expresly saying, hee would travell no more in it; We the said Arbitrators, upon due consideration of the whole premises aforesaid, are cleer of opinion; That the said Iohn White (as the care hath been, & is represented & appearing before us) had no sufficient ground to write print, or publish, That the said Lieut. Col. Lilburn was the Writer, or Author of the said Bookes, Treatise, and Letter, or any of them:But that the said Iohn White in and by his writing, printing and publishing of his said Book, entituled, Iohn Whites Defence, &c. in manner and form as aforesaid hath unjustly scandalized the said L. Col. John Lilburn; And thefore, we the said Arbitrators do most unanimously award, That the said Iohn White shall before the 10. day of this instant moneth of October, make a publike acknowledgment before Col. Francis West, Lieutenant of the said Tower of London, at his [62] the said Lieutenants house in the said Tower,That he the said Iohn White hath done the said Lieut. Col. Iohn Lilburn wrong, and shal make and pronounce the said acknowledgment, in these words following; That is to say, I Iohn White, one of the Warders of the Tower of London; Do acknowledge, that I have unjustly wronged Lieutenant Col. I. Lilburn, in, and by my writing, and publishing in print, in such sort as I did, That he was the Writer, Author, or Contriver of a Book called, Liberty vindicated against Slavery, And of a Printed Letter thereunto annexed; And of a Booke, called, An Alarum to the House of Lords: For all which, and for all the unjust, and scandalous matters and language alleadged, and used by me, in my said Booke, reflecting upon the said Lieutenant Col. Lilburn; I am heartily sorry.

We the said Arbitrators doe also award, That after the said Iohn UUhite hath so made and pronounced the said acknowledgment before the said Mr. Lieutenant; Hee the said Iohn White shall then deliver his said acknowledgment in writing (subscribed by him the said Iohn UUhite) into the custody of the saidLieutenant Colonell Iohn Lilburn, to be by him kept and disposed of, for his better vindication, against the said scandals said upon him by the said Iohn White, in his the said Iohn UUhites said Book.

Lastly, we the said Arbitrators do award, That this our award shall be a finall end of all differences and matters of controversiewhatsoever betwixt the said Lieut. Col. I. Lilburn, and the said Iohn White, to us, or to our award in any wise, submitted by the said parties, from the beginning of the world, unto the day of their said submission to our award; so farre as the same doth, or may concern the said parties, or either of them in their particulars: and that the said parties from henceforth shall· continue loversand friends, without any repetition of former injuries on either part.

And for the better clearing of the said Iohn White in his credit, touching some rumours of couzenage, and perjury by him supposed to be committed, or touching his being forsworn, lately scattered abroad to his discredit; We the said Arbitrators, do unanimously declare; that we have not found any colour, muchlesse any just ground to fix upon the said Iohn VVhite any suspition, [63] of, or for the same, or any part thereof; But doe thereof in our opinions, absolutely cleer him.Given under our hands and seales the 7. day of Octob. aforesaid, 1646.

John Strangwaies.
Lewis Dives,
John Glanvill.
William Morton.

But the Lieutenant not being willing, for causes best knowne to himself, that the submission or recantation, should be made before, or in his presence; it was done at Lir John Glanvils chamber: the Copy of which, thus followeth:

I John White, one of the Warders of the Tower of London, Doe acknowledge, that I have unjustly wronged Lieut. Col. Iohn Lilburn, in, and by my writing, and publishing in print, in such sort as I did; that he was the Writer, Author, or Contriver, of a Booke called, Liberty vindicated against Slavery; and of a Printed Letter thereunto annexed; and of a Book or Treatise, called, An Alarum to the House of Lords: For all which, and for the unjust, and scandalous matters and language alleadged, and used by me, in my said Book, reflecting upon the said Lieut. Col. Lilburn; I am heartily sorry: and in testimony thereof, I have hereunto subscribed my hand, the 8. day of October, 1646.

JOHN WHITE.

Subscribed, pronounced, and accepted,
the 9. day of Octob. 1646,
in the presence of us;

Knights.

John Strangwaies,
Lewis Dive,
Iohn Glanvill,
William Morton,
Henry Vaughan,
Christopher Comport, Warder in the Tower.

[64]

And now to conclude at the present; because there is not any, discourse of mine own abroad in Print (since I was first locked up so close, as I was by the Lords in Newgate) by way of Narrative, to state my case to the world; I shall, it may bee, informe and silence, many mens rash censures; by inserting first my Wifes late Petition to the House of Commons; and because by a Gentleman of the Committee to whom my cause was referred, it was judged a Declaration, rather then a Petition, and so unfit to be insisted upon any further, after once reading there: although I am not apt to think, if I had been a man accustomed to write Letters to my Lord Cottington, when he was at Oxford at that time; when by Ordinance of Parliament, it was little lesse then death so to doe, her Petition, and my cause, would have found more favour from that Gentleman, then they did, whose cavels necessitated me to send a Petition of my own, to the same Committee, which I shall also insert. But first of all, my wifes Petition thus followeth:

[65]

To the Chosen and betrusted Knights, Citizens and Burgesses, assembled in the high and supream Court of PARLIAMENT.

The Humble Petition of ELIZABETH LILBURNE, wife to Lieu. Col. JOHN LILBURNE, who hath been for above eleven weeks by-past, most unjustly divorced from him, by the House of Lords, and their tyrannicall Officers, against the Law of GOD, and (as she conceives) the law of the Land.

Sheweth,

THat you only and alone are chosen by the Commons of England, to maintain their Lawes and Liberties, and to do them justice and right; Coll. of decl: pag. 264. 336. 382, 508, 613. 705. 711. 716, 721, 724, 725, 726, 729. 730. which you have often before God and the World sworn to do: Coll. decl. page[...] 6 [...]6 [...] · protestation and covenant. yea, and in divers of your Declarations declared; it is your duty (in regard of the trust reposed in you) so to doe; Coll. decl. pag. 81 [...]17 [...] · 262, 266, 267, 340, 459. 462, 471, 473, 5 [...] , 690. without any private aimes, personall respects, or passions whatsoever: Col. declar p. 464, 490, 750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends: Coll. declar. p. 214. 67. And that you will give up your selves to the uttermost of your power, and judgement; to maintain truth, and conform your selves to the will of God; Col. decla. p. 666. which is to doe justice and Ier. 22. [...] 5.16, 17. right, and secure the Persons, Estates, and Liberties of all that joyned with you; Col. declar. 666. 673. imprecating the judgements of heaven to fall upon you when you decline from these ends: Col. Declar. 4 you judging, [66] it the greatest scandall that can be laid upon you, that you either doe or intend to subvert the Lawes, Liberties, and Freedoms of the people. Col. decla p 264, 281, 494. 497. 654, 694, 696. Which Freedoms, &c. you your selves call, The co~mon Birth-right of English-men, col. declar. p. 738, 14845. who are born equally free, and to whom the law of the land is an equall inheritance: And therefore your confesse in your Declaration of 23. Octob. 1642. Pag. 660. It is your duty to use your best endevours, that the meanest of the Commonalty may enjoy their own birth-right, freedome and liberty of the lawes of the land; being equally (as you say) intiteld thereunto with the greatest subject, The knowledge of which, as coming from your own mouthes, and Pen, imboldned your Petitioner, with confidence, to make her humble addresse to you, and to put you in mind, that her husband, above 2 moneths agoe, made his formall and legall appeal to you against the injustice and usurpation of the Lords acted upon him; which you received, read, committed, and promised him justice in: But as yet no report is made of his busines, nor any relief or actuall justice holden out unto him; although you have since found time to passe the Compositions and pardons, for the infranchising of those that your selves have declared Traytors and Enemies to the kingdome: which is no small cause of sorrow to your Petitioner, and many others, that her husband, who hath adventured his life, and all that hee had in the World, in your lowest condition for you should; bee so slighted and disregarded by you, as though you had forgot the duty you owe to the kingdome, and your many Oathes, Vowes, and Declarations Decl. 460. 498. 666. 673 which neglect hath hastned the almost utter ruine of of your Petitioner, her husband, and small children. For the Lords in a most tyrannicall and barbarous manner (being encouraged by your neglect) have since committed her husband, for about three weeks, close prisoner to Newgate, locked him up in a little room, without the use of pen, ink, or paper (for no other cause but for refusing to kneel at the Bar of those, that by Law are none of his Judges.) Magna Charta 29 Sir Ed. Cook 2.[...]Instit, fol. 28,[...] 9. Rot. 2. Ed. 3. The cruell Jaylors all that time refusing to let your Petitioner, or any of his friends, to set their, feet over the threshold of his chamber doore, or to come into the prison-yard to speak with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries. A most barbarous & illegall cruelty! so much complained of by your selves in your Petition and Remonstrance to the King, 1. Decemb. 1641. col. declar. 6, 7, 8. and digested and abhorred there, by you, as actions and cruelties being [67] more the proper issues of Turks, Pagans, Tyrants, and men without any knowledge of God, then of these that have the least spark of Christianity, Honour, or justice in their breasts. And then while they thus tyrannized over your Petitioners husband; they command (as your Petitioner is Informed) Mr. Sergeant Finch, Mr. Hearne, Mr. Haile, and Mr. Glover, to draw up a charge against your Petitioners husband, without giving him the least notice in the world of it, to fit himself against the day of his tryall: but contrary to all law, justice, and Conscience, dealt worse with him, then ever the Star-Chamber did; not only in keeping his Lawyers from him, but even all manner of Councellors and Friends whatsoever, even at that time when they were about to try him: and then of a sudden send a Warrant for him to come to their Bar (who had no legall authority over him) to heare his charge read: where he found the Earle of Manchester his professed enemy, and the onely party (of a Lord) concerned in the businesse; to bee his chiefe Judge, contrary to that just Maxime of law, That no man ought to be both party and judge; (a practice which the unjust Star-chamber it selfe, in the dayes of its tyranny, did blush at, and refuse to practice, as was often seen in the Lord Coventries case, &c.) And without any regard to the Earle of Man hesters imment (in your House) of treachery to his Countrey, by Lieu. Gen. Cromwel, which is commoely reported to bee punctually and fully proved, and a charge of a higher nature then the Earle of Straffords, for which he lost his head: And which also, renders him, so long as he stands so impeached; uncapable in any sense, of being a Iudge. And a great wrong and injustice it is unto the kingdome to permit him; and to himselfe, if innocent; not to have had a legall triall ere this, to his justification or condemnation. And besides all this, because your Petitioners husband stood to his apeale, to your Honours, and would not betray Englands liberties; which you have, all of you, sworn to preserve, maintain, and defend: they most arbitrarily, illegally, and tyrannically, sentenced your Petitioners said husband to pay 4000.l. to the King (not to the State) for ever to be uncapable to beare any Office in Church or Common-wealth, either Martiall or Civill, and to lie seven yeares a prisoner in the extraordinary chargeable prison of the Tower; where he is in many particulars illegally dealt withall, as he was, when he was in Newgate.

Now forasmuch as the Lords as they claime· themselves to bee a [68] House of Peeres have no legall judgement about Commoners, that your (Petitioner can heare of, but what is expressed in the Statute of the 14 Ed. 3. 5. which are, delayes of justice, or error in judgement in inferior Courts onely, and that with such limitations and qualifications, as are there expressed; which are, that there shall be one Bishop at least in the judgment, and an expresse Comission from the King, for their medling with it. All which was wa~ting in the case of your Petitioners husband, being begun and ended by themselves alone. And also seeing that by the 29 of Magna Charta, your Petitioners husba~d, or any other Commoner whatsoever; in criminall cases, are not to be tried otherwise then by their Peeres: which Sir Ed. Cook, in his exposition of Magna Charta, (which book is printed by your owne speciall authority) saith, is meant [equals] fol. 28. In which, (saith he, fol. 29.) are comprised, Knights, Esquires, Gentlemen, Citizens, Yeomen, and Burgesses of severall degrees; but no Lords. And in p. 46. he saith: No man shall be disseised] that is, put out of seison, or dispossessed of his freehold; that is, (saith he) lands, or livelihood, or of his liberties or free customes,] that is, of such franchises and freedoms, and free customes as belong to him by his free Birth-right, unlesse it be by the lawful judgment (that is, verdict of his Equals; that is (saith he) of men of his own co~dition:] or by the law of the land; that is (to speak it once for all) By the due course and processe of law. And, saith he,No man shall be in any sort destroyed, unlesse it be by the verdict and judgment of his Peeres] that is, Equals or by the law of the land. And the Lords themselves in old time, did truly confesse: That for them to give judgement of a Commoner in a criminall case, is contrary to law; as is clear by the Parliaments record in the case of Sir Simon d' Bereford. 4. Ed. 3. Rot. 2. the copy of which is now in the hands of Mr. H. Martin, & they there record it,That his case who was condemned by them for murthering King Edw. [...]. shall not bee drawne in future time into president, because it was contrary to law, they being not his Peeres, that is, his Equals. And forasmuch as the manner of their proceedings was contrary to all the former wayes of the law publickly established by Parliament in this kingdom, as appeares by severall Statutes 5. Ed. 3.[...] . 25. Ed. 3 4. 28. E. 3. 3. 37. Ed. 3. 8. 38. Ed. 3. 9. 42, Ed. 3. 3. 17. Ri. 2. 6. Rot. parli. 43. E 3. Sir Io: Alees case, Num. 21, 22, 23, &c. lib. 10. fol. 74. in case delar. marshalses, see Cook, 2 part Instit. fol. 46. which expresly say,That none shall be imprisoned, nor put out of his free-hold, nor of his franchises, nor free customes, unlesse it be by the law of the land, And that none shall bee taken by Petition, or suggestion [69] made to the King, or to his Councell, unlesse it bee by indictment, or presentment of good and lawfull people of the same neighbourhood where such deeds be done, in due manner, or by processe made, or by Writ originall at the common-law.Which Statutes are nominally and expresly confirmed by the Petition of Right, by the Act made this present Parliament for the abolishing the Star-chamber; and thereby, all acts repealed that formerly were made in derogation of them. But contrary hereunto, the Lords (like those wicked Justices spoken of by Sir Ed. Cook 2. Part. Instit. 51. in stead of trying her husband by the law of the land; proceed against him by a partiall tryall, flowing from their arbitrary will, pleasure, and discretion, &c. Rot. part. 2. 1. H. 4. mem. 2. num. 1.27. Instit. f. 51. Book declar. 58. 39. 278. 845. For though they summoned him up to their Barre, June 10. 1646. to answer a Charge: yet they refused to shew it him, or give him a Copy of it, but committed him to Newgate, June 11. 1646. (although he behaved himselfe then with respect towards them both in word and gesture), meerly for refusing to answer to their Spanish Inquisition-like Interrogatories, and for delivering his legall Protestation. Their Mittimus being as illegall as their summoning of him, and their own proceedings with him. Their commitment running, To be kept there: not till hee be delivered by due course of Law; but, During their pleasure: which Sir Edward Cook saith, is illegall, 2. part. instit fol. 52, 53. and then locked up close, that so hee might bee in an impossibility to understand how they intended to proceed against him.

Wherefore your Petitioner humbly prayeth, to grant unto her husband the benefit of the law, and to admit him to your Bar himself, to plead his own cause, if you be not satisfied in the maner of his proceedings, or else according to law, justice, and that duty & obligation that lieth upon you; forthwith to release him from his unjust imprisonment: and to restain & prohibit the illegal & arbitrary proceedings of the Lords, according to that sufficient power enstated upo~ you, for the enabling you faithfully to discharge the trust reposed in you, & to vacuate this his illegal sentence and fine, and to give him just and honorable reparations from the Lords, & all those that have unjustly executed their unjust Commands: It being a Rule in law, and a Maxime made use of by your selves in your Declaration 2. Novemb. 1642. col declar. 723. That the Kings illegall commands, though accompanied with his presence, doe not excuse those that obey them; much lesse the [70] Lords, with which the law accordeth, and so was resolved by the Judges, 16. Hen. 6. See Cook. 2. part. Instit. fol. 187. And that you will legally and judicially, exexamine the crimes of the Earle of Manchester, and Col King, which the Petitioners husband, and others, have so often complained to you of, and doe exemplary justice upon them, according to their deserts: or else, according to law and justice, punish those (if any) that have falsly complained of them. 3. E. 33. 2. R. 2.5. 37. E. 3. 18. 38. E 39. 12. R. 2. 11. 17. R. 2. 6. 122. p. & M. 3. 1 El. 6. And that you would, without further delay, give us reliefe by doing us justice. 9 H. 3. 29 2. E. 3. 8. 5. E 3. 9. 14. E. 3 14. 11. E. 2. 10. All which, she the rather earnestly desireth, because his imprisonment in the Tower is extraordinary chargeable and insupportable: although by right, and the custom of that place; his fees, chamber, and diet, ought to be allowed him, and paid out of the Treasure of the Crown) he having wasted & spent himself with almost six years attendance, and expectation upon your Honours for justice and raparations against his barbarous Sentence, &c. of the Star-chamber, to his extraordinary charge and dammage, and yet never received a peny; and also lost divers hundred pounds, the yeare he was a prisoner in Oxford Castle for you. Neither can he receive his Arreares for (the price of his blood) his faithfull service with the Earle of Manchester, although he spent with him much of his own money. And the last year, by the unadvised means of some Members of this Honorable House, was committed prisoner for above 3. moneths, to his extraordinary charges and expences: And yet in conclusion he was releast, and to this day knoweth not wherefore he was imprisoned. For which, according to law and justice, he ought to receive reparations; but yet he never had a peny. All which particulars considered, doe render the condition of your Petitioner, her husband and children, to be very nigh ruine and destruction, unlesse your speedy and long-expected justice prevent the same. Which your Petitioner doth earnestly intreat at your hands, as her right, and that which in equity, honour, and conscience, cannot be denied her. col. declar. 127, 174, 244, 253, 282, 284, 285, 312, 313, 321, 322, 467, 490, 514, 516, 520, 521, 532, 533 534, 535, 537, 539, 541, 543, 555, 560.

And as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you owe to the kingdome, according to the Great Trust reposed in you: And so free your selves from giving cause to bee judged men that seeke your selves more then the publick good.

[71]

To the Honourable, the chosen, betrusted, and representative Body of all the Free-men of England, in PARLIAMENT assembled.

The humble Petition of Lieut. Col. John Lilburn, a legall Free-man of England; though now unjustly imprisoned by the Lords, in the extraordinary chargeable Prison of the Tower of London.

SHEWETH, THAT

WHereas the Petitioner is a legall and free-born English-man, and ought by the fundamentall lawes of this Land, to enjoy the benefit of all the lawes, liberties, priviledges, and immunities of a free-born man, and a Commoner of England: and whereas by the Lawes and Statutes of this Realm; no free-man may be taken & imprisoned, but by lawfull judgment of his equals, who are men of his own condition, and the Law of the Land: and by the Law of the same, no man ought to be imprisoned, before he be taken upon indictment, or presentment, by good men of the same neighbour-hood, or by due processe of Law. And whereas, every man that is taken or imprisoned by the common Lawes of the Land, ought to be bayled: But he that is taken and convicted for Murder or Felony, or for some other offence for which a man ought to lose life or member. And by the Statutes of this Realm, every man is baylable; unlesse he be taken for Treason, Murder, Felony, or some particular case excepted; wherof the Petitioner is no wayes guilty. But your Petitioner sheweth, that he being taken and imprisoned above 4 Moneths, by colour of unjust orders, and an illegall sentence of the Lords pronounced against him in their house (although they have no legall jurisdiction over him) for supposed contempts and scandals committed against [72] them, which was nothing else then a defence of his own liberty, and of all the free-men of England, in a plea and defence put into the said house, which contained an Appeal to your Honours, against their unjust proceedings: for which supposed contempts, he is by their unjust sentence committed to the Tower, there to remain for the space of 7. years, and disabled to bear any office, either Military or Civill, and to pay 4000.l. Fine: All which proceedings of their Lordships, the Petitioner doth protest against as unjust, illegall, and destructive to the liberties, immunities, and priviledges of all the Commons of England; which he doubts not to free himself, and all other free-born English-men, of, by the Justice of this honourable House (to whom he hath formerly, and now also doth Appeale) and by the assistance of the Lawes of this Land.

Therefore, your Petitioner doth most humbly pray, that he may be inlarged, at least upon bayle, being by Law liable to follow and prosecute his cause depending before you, and redemption from the said illegall sentence, and to obtain just and legall reparations from the inflictors and executors thereof.

And he shall pray, &c.
JOHN LILBURN.

COurteous Reader, by reason I am prohibited to have Pen, Ink, and Paper; I am forced now to write a peece, and then a peece, and scarce have time and opportunity seriously to peruse and correct what I write; and in regard I cannot be at the Presse, either to correct, or revise my own lines (which besides is attended with many difficulties and hazards,) I must intreat thee, as thou readest, to amend with thy Pen, what in sence or quotations may be wanting, or false; & I shal rest thy true and faithfull Country-man, ready to spend my bloud for the fundamentall Lawes and Liberties of England, against any power what-ever that would destroy them.

JOHN LILBVRN.

From my prerogative, and illegall
imprisonment in the Tower of
London, this present Octob.
1646.

FINIS.