The copie of a letter, written to the General from Lieut. Col. Iohn Lilburn, M. Richard Overton, April 27. 1649. In behalf of M. Robert Lockwer, M. Geo. Ash, M. Joseph Hockley, M. Robert Osburn, M. Matthew Heyworth, M. Thomas Goodwin; all of them in Captain Savages troup: who by the said Councel were adjudged to cast lots for their lives, and one of them to dy. In which it is by law fully proved, that it is both treason and murder, for any general or Councel of War to execute any souldier in time of peace, by martial law.
         Lilburne, John, 1614?-1657.
      
       
         This text is an enriched version of the TCP digital transcription A88168 of text R204434 in the  English Short Title Catalog (Thomason 669.f.14[23]). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A88168
         Wing L2094
         Thomason 669.f.14[23]
         ESTC R204434
         99863925
         99863925
         163011
         
           
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         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A88168)
         Transcribed from: (Early English Books Online ; image set 163011)
         Images scanned from microfilm: (Thomason Tracts ; 246:669f14[23])
      
       
         
           
             The copie of a letter, written to the General from Lieut. Col. Iohn Lilburn, M. Richard Overton, April 27. 1649. In behalf of M. Robert Lockwer, M. Geo. Ash, M. Joseph Hockley, M. Robert Osburn, M. Matthew Heyworth, M. Thomas Goodwin; all of them in Captain Savages troup: who by the said Councel were adjudged to cast lots for their lives, and one of them to dy. In which it is by law fully proved, that it is both treason and murder, for any general or Councel of War to execute any souldier in time of peace, by martial law.
             Lilburne, John, 1614?-1657.
             Overton, Richard, fl. 1646.
             Fairfax, Thomas Fairfax, Baron, 1612-1671.
          
           1 sheet ([1] p.)
           
             s.n.,
             [London :
             1649]
          
           
             Dated at end: From our Causeless, and unjust, and Tyrannical Captivity in the Tower of London. April 27. 1649. Signed: John Lilburn, Richard Overton.
             The General = Thomas Fairfax, Baron Fairfax.
             Imprint from Wing.
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Soldiers -- Death -- Early works to 1800.
           Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800.
        
      
    
       A88168  R204434  (Thomason 669.f.14[23]).  civilwar no The copie of a letter, written to the General from Lieut. Col. Iohn Lilburn, M. Richard Overton, April 27. 1649. In behalf of M. Robert Lock Lilburne, John 1649    1498 0 0 0 0 0 0 0 A This text  has no known defects that were recorded as gap elements at the time of transcription.  
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        2007-10 Elspeth Healey
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        2007-10 Elspeth Healey
        Text and markup reviewed and edited
      
        2008-02 pfs
        Batch review (QC) and XML conversion
      
    
  
   
     
       
       
         
           The
           Copie
           of
           a
           Letter
           ,
           Written
           to
           the
           General
           from
           Lieut.
           
           Col.
           
             Iohn
             Lilburn
             ,
          
           M.
           
             Richard
             Overton
             ,
          
           April
           27.
           1649.
           
        
         
           In
           behalf
           of
           M.
           Robert
           Lockwer
           ,
           M.
           Geo.
           Ash
           ,
           M.
           Joseph
           Hockley
           ,
           M.
           Robert
           Osburn
           ,
           M.
           Matthew
           Heyworth
           ,
           M.
           Thomas
           Goodwin
           ;
           all
           of
           them
           in
           Captain
           Savages
           Troup
           :
           who
           by
           the
           said
           Councel
           were
           adjudged
           to
           cast
           lots
           for
           their
           lives
           ,
           and
           one
           of
           them
           to
           dy
           .
        
         
           
             In
             which
             it
             is
             by
             Law
             fully
             proved
             ,
             that
             it
             is
             both
             
               Treason
            
             and
             
               Murder
               ,
            
             for
             any
             General
             or
             Councel
             of
             War
             to
             execute
             any
             Souldier
             in
             time
             of
             Peace
             ,
             by
             Martial
             Law
             .
          
        
         
           May
           it
           please
           your
           Excellency
           ,
        
         
           WEE
           have
           not
           yet
           forgot
           your
           Solemn
           Engagement
           of
           
             June
          
           5.
           1647.
           whereby
           the
           Armies
           Continuance
           as
           an
           Army
           was
           in
           no
           wise
           by
           the
           Will
           of
           the
           State
           ,
           but
           by
           their
           own
           mutual
           Agreement
           :
           And
           if
           their
           standing
           were
           removed
           from
           one
           Foundation
           to
           another
           (
           as
           is
           undeniable
           )
           then
           with
           the
           same
           they
           removed
           from
           one
           Authority
           to
           another
           ;
           and
           the
           Ligaments
           and
           Bounds
           of
           the
           First
           were
           all
           Dissolved
           ,
           and
           gave
           place
           to
           the
           Second
           ;
           and
           under
           ,
           and
           from
           the
           head
           of
           their
           first
           Station
           ,
           
             viz.
          
           By
           the
           Will
           of
           the
           State
           ,
           the
           Army
           derived
           their
           Government
           by
           Martial
           Law
           ;
           which
           in
           Iudgment
           and
           Reason
           could
           be
           no
           longer
           binding
           then
           the
           Authority
           (
           which
           gave
           being
           thereto
           )
           was
           binding
           to
           the
           Army
           :
           For
           the
           denial
           of
           the
           Authority
           ,
           is
           an
           Abrogation
           and
           Nulment
           of
           all
           Acts
           ,
           Orders
           ,
           or
           Ordinances
           by
           that
           Authority
           as
           to
           them
           :
           And
           upon
           this
           account
           ,
           your
           Excellency
           with
           the
           Army
           ,
           long
           proceeded
           upon
           the
           Constitution
           of
           a
           new
           Councel
           and
           Government
           ,
           contrary
           to
           all
           Martial
           Law
           and
           Discipline
           ,
           by
           whom
           only
           the
           Army
           Engaged
           to
           be
           Ordered
           in
           their
           prosecution
           of
           the
           ends
           ,
           to
           wit
           ,
           Their
           several
           Rights
           ,
           both
           as
           Souldiers
           and
           Commoners
           ,
           for
           which
           they
           associated
           ;
           Declaring
           ,
           Agreeing
           ,
           and
           Promising
           each
           other
           ,
           not
           to
           Disband
           ,
           Divide
           ,
           or
           suffer
           themselves
           to
           be
           Disbanded
           or
           Divided
           ,
           without
           satisfaction
           and
           security
           in
           relation
           to
           their
           Grievances
           and
           Desires
           in
           behalf
           of
           themselves
           and
           the
           Common-wealth
           as
           should
           be
           agreed
           unto
           by
           their
           Councel
           of
           Agitators
           :
           And
           by
           vertue
           ,
           and
           under
           Colour
           of
           this
           Establishment
           ,
           all
           the
           Extraordinary
           Actions
           by
           your
           Excellency
           ,
           your
           Officers
           ,
           and
           the
           Army
           have
           past
           :
           Your
           refusal
           to
           Disband
           ,
           dispurings
           the
           Orders
           of
           Parliament
           ;
           Impeachment
           and
           Ejection
           of
           Eleven
           Members
           ;
           your
           First
           and
           Second
           March
           up
           to
           London
           ;
           your
           late
           violent
           Exclusion
           of
           the
           Major
           part
           of
           Members
           out
           of
           the
           House
           ,
           and
           their
           imprisonment
           without
           Cause
           ,
           &c.
           which
           can
           no
           way
           be
           justified
           from
           the
           Guilt
           of
           the
           highest
           Treason
           ,
           but
           in
           the
           accomplishment
           of
           a
           righteous
           end
           ,
           
             viz.
          
           The
           enjoyment
           of
           the
           benefit
           of
           our
           Laws
           and
           Liberties
           which
           we
           hoped
           long
           ere
           this
           to
           have
           enjoyed
           from
           your
           hands
           ;
           Yet
           when
           we
           consider
           and
           herewith
           compare
           many
           of
           your
           late
           carriages
           both
           towards
           the
           Souldiery
           and
           other
           Free
           People
           ;
           and
           principally
           your
           Cruel
           Exercise
           of
           Martial
           Law
           ,
           even
           to
           the
           Sentence
           and
           Execution
           of
           Death
           upon
           such
           of
           your
           Souldiers
           as
           stand
           for
           the
           Rights
           of
           that
           Engagement
           ,
           &c.
           
           And
           not
           only
           so
           ,
           but
           against
           others
           not
           of
           the
           Army
           ;
           we
           cannot
           but
           look
           upon
           your
           defection
           and
           Apostasie
           in
           such
           dealings
           ,
           as
           of
           most
           dangerous
           Consequence
           to
           all
           the
           Laws
           and
           Freedoms
           of
           the
           People
           .
        
         
           And
           therefore
           ,
           although
           there
           had
           never
           bin
           any
           such
           solemn
           Engagement
           by
           the
           Army
           ,
           as
           that
           of
           
             June
          
           5.
           1647.
           which
           with
           your
           Excellency
           in
           point
           of
           duty
           ought
           not
           to
           be
           of
           the
           meanest
           obligation
           .
           We
           do
           protest
           against
           your
           Exercise
           of
           Martial
           Law
           ,
           against
           any
           whomsoever
           ,
           in
           times
           of
           Peace
           ,
           where
           all
           Courts
           of
           Iustice
           are
           open
           ,
           as
           the
           greatest
           encroachment
           upon
           our
           Laws
           and
           Liberties
           that
           can
           be
           acted
           against
           us
           ;
           And
           particularly
           ,
           against
           the
           Tryal
           of
           the
           Souldiers
           of
           Captain
           
             Savages
          
           Troup
           yesterday
           ,
           by
           a
           Court
           Martial
           ,
           upon
           the
           Articles
           of
           War
           ,
           and
           sentencing
           of
           two
           of
           them
           to
           death
           ;
           and
           for
           no
           other
           end
           (
           as
           we
           understand
           )
           but
           for
           some
           dispute
           about
           their
           pay
           :
           And
           the
           reason
           of
           this
           our
           Protestation
           ,
           is
           from
           the
           Petition
           of
           Right
           ,
           made
           in
           the
           third
           yeer
           of
           the
           late
           King
           ,
           which
           declareth
           ,
           
             That
             no
             person
             ought
             to
             be
             judged
             by
             Law
             Martial
             ,
             except
             in
             times
             of
             War
             ;
             And
             that
             all
             Commissions
             given
             to
             execute
             Martial
             Law
             in
             time
             of
             Peace
             ,
             are
             contrary
             to
             the
             Laws
             and
             Statutes
             of
             the
             Land
             .
          
           And
           it
           was
           the
           Parliaments
           complaint
           ,
           That
           Martial
           Law
           was
           then
           commanded
           to
           be
           executed
           upon
           Souldiers
           for
           Robbery
           ,
           Mutiny
           ,
           or
           Murder
           .
           Which
           Petition
           of
           Right
           ,
           this
           present
           Parliament
           in
           their
           late
           Declarations
           of
           the
           9.
           of
           Feb.
           and
           the
           17.
           of
           March
           ,
           1648.
           commend
           as
           the
           most
           excellentest
           Law
           in
           England
           ;
           and
           there
           promise
           to
           preserve
           inviolably
           ,
           it
           ,
           and
           all
           other
           the
           Fundamental
           Laws
           and
           Liberties
           ,
           concerning
           the
           preservation
           of
           the
           Lives
           ,
           Properties
           ,
           and
           Liberties
           of
           the
           people
           ,
           with
           all
           things
           incident
           thereunto
           .
           And
           the
           Exercise
           of
           Martial
           Law
           in
           Ireland
           ,
           in
           time
           of
           Peace
           ,
           was
           one
           of
           the
           chiefest
           Articles
           for
           which
           the
           Earl
           of
           Strafford
           lost
           his
           head
           ;
           The
           same
           by
           this
           present
           Parliament
           being
           judged
           High
           Treason
           .
           And
           the
           Parliament
           it self
           ,
           neither
           by
           Act
           nor
           Ordinance
           ,
           can
           justly
           or
           warrantably
           destroy
           the
           Fundamental
           Liberties
           and
           Principles
           of
           the
           Common
           Law
           of
           England
           :
           It
           being
           a
           
             maxime
          
           in
           Law
           and
           Reason
           both
           ,
           that
           all
           such
           Acts
           and
           Ordinances
           ,
           are
           
             ipso
             facto
             ,
          
           null
           ,
           and
           void
           in
           Law
           ,
           and
           binds
           not
           at
           all
           ,
           but
           ought
           to
           be
           resisted
           ,
           and
           stood
           against
           to
           the
           death
           .
           And
           if
           the
           Supreme
           Authority
           may
           not
           presume
           to
           do
           this
           ,
           much
           less
           may
           You
           ,
           or
           Your
           Officers
           presume
           thereupon
           ;
           For
           where
           Remedy
           may
           be
           had
           by
           an
           ordinary
           course
           in
           Law
           ,
           the
           Party
           grieved
           shall
           never
           have
           his
           recourse
           to
           extraordinaries
           .
           Whence
           it
           is
           evident
           ,
           That
           it
           is
           the
           undoubted
           Right
           of
           every
           Englishman
           (
           Souldier
           or
           other
           )
           that
           he
           should
           be
           punishable
           onely
           in
           the
           ordinary
           Courts
           of
           Iustice
           ,
           according
           to
           the
           Laws
           and
           Statutes
           of
           the
           Realm
           in
           the
           times
           of
           Peace
           ,
           as
           now
           it
           is
           ;
           and
           the
           extraordinary
           way
           by
           Courts
           Martial
           ,
           in
           no
           wise
           to
           be
           used
           .
        
         
           Yea
           ,
           the
           Parliaments
           Oracle
           ,
           Sir
           
             Edward
             Cook
             ,
          
           Declares
           in
           the
           third
           part
           of
           his
           
             Institutes
             ,
          
           Chap.
           of
           
             Murder
             ,
             That
             for
             a
             General
             or
             other
             Officers
             of
             an
             Army
             ,
             in
             time
             of
             Peace
             to
             put
             any
             man
             ,
             although
             a
             Souldier
             ,
             to
             death
             ,
             by
             colour
             of
             Martial
             Law
             ,
             it
             is
             absolute
             murder
             in
             that
             General
             ,
             &c.
             
          
           Therefore
           erecting
           of
           Martial
           Law
           now
           ,
           when
           all
           Courts
           of
           Iustice
           are
           open
           ,
           and
           stopping
           the
           free
           current
           of
           Law
           ,
           which
           sufficiently
           provides
           for
           the
           punishment
           of
           Souldiers
           as
           well
           as
           others
           ,
           as
           appears
           by
           18.
           
             H.
          
           6.
           Chap.
           19.
           and
           2
           ,
           &
           3.
           
             Ed.
          
           6.
           Chap.
           2.
           4
           ,
           &
           5.
           
           
             P.
          
           &
           
             M.
          
           Chap.
           3.
           
           &
           5.
           
             El.
          
           5.
           
           &
           5.
           
           
             Jam.
          
           25.
           is
           an
           absolute
           destroying
           of
           our
           Fundamental
           Liberties
           ,
           and
           the
           razing
           of
           the
           Foundation
           of
           the
           Common
           Law
           of
           England
           ;
           the
           which
           out
           of
           Duty
           and
           Conscience
           to
           the
           Rights
           and
           Freedoms
           of
           this
           Nation
           (
           which
           we
           value
           above
           our
           lives
           )
           and
           to
           leave
           You
           and
           your
           Councel
           without
           all
           excuse
           ,
           we
           were
           moved
           to
           represent
           unto
           Your
           Excellency
           ,
           Earnestly
           pressing
           ,
           you
           well
           to
           consider
           what
           you
           do
           ,
           before
           you
           proceed
           to
           the
           taking
           away
           the
           Lives
           of
           those
           men
           by
           Martial
           Law
           ;
           lest
           the
           bloud
           of
           the
           Innocent
           (
           and
           so
           palpable
           Subversion
           of
           the
           Laws
           and
           Liberties
           of
           England
           )
           bring
           the
           reward
           of
           just
           vengeance
           after
           it
           upon
           you
           ,
           as
           it
           did
           upon
           the
           Earl
           of
           Strafford
           :
           For
           innocent
           bloud
           God
           will
           not
           pardon
           ;
           and
           what
           the
           people
           may
           do
           (
           in
           case
           of
           such
           violent
           Subversion
           of
           their
           Rights
           )
           we
           shall
           leave
           to
           Your
           Excellency
           to
           judge
           ,
           and
           remain
        
         
           
             From
             our
             Causeless
             ,
             and
             unjust
             ,
             and
             Tyrannical
             Captivity
             in
             the
             Tower
             of
             7
             London
             ,
             
               April
               27.
               1649.
               
            
          
           
             Your
             Excellencies
             humble
             Servants
             ,
             
               
                 John
                 Lilburn
                 ,
              
               
                 Richard
                 Overton
                 .