THE PICTURE OF THE Council of State, Held forth to the Free People of England BY Lieut. Col. John Lilburn, M. Thomas Prince, and M. Richard Overton, now prisoners in the Tower of LONDON, For bearing testimony to the Liberties of England against the present Tyrants at WHITEHALL, and their Associates.  
OR, A full NARRATIVE of the late extrajudicial and Military Proceed against them.  
Together with the Substance of their several Examinations, Answers, and Deportments before them at Darby-house, upon March 28 last.  
The second Edition, with many large Additions by the Authors themselves.  
Printed in the Year, 1649.   

THE PICTURE OF THE Council of State: Held forth to the Free People of England, by Lieut. Col. John Lilburn, Mr. Thomas Prince, and Mr. Richard Overton.  

The Narrative of the Proceed against Lieutenant Col. John Lilburn thus followeth.  
ON Wednesday the 28 of March 1649, about four or five a clock in the morning, my lodging at Winchester-house in Southwark, was beset with about 100 or 200 armed men, Horse and Foot, one of which knocking at my Chamber-door, I risen and opened him the door, and asked him who he would speak with, and what he would have? He replied, he was come to take me prisoner; whereupon I demanded of him to see his Warrant; he told me he had one, but had it not here, but as soon as I came to Paul's I should see it; I told him, if he walked by the rules of justice, he ought to have brought his Warrant with him, and to have showed it me, and given me leave to have copied it out, if I had desired it. But divers of the foot Soldiers rushing into my room at his heels; I desired him to demean himself like a Gentleman, and not with any incivilities affright my children and family; for if it were nothing but my person he would have, I would but make me ready, and go along with him without any more ado, whither he would carry me; for his power of armed men was beyond my present resisting, or power to dispute: so I desired him and another Gentleman with him to sit down, which they did; and when I was almost ready to go, I demanded of him whether it would not fully satisfy his end, in my going along with him and one or two more of his company in a boat, and I would engage unto him as I was an English man, there should be no disturbance to him by me, or any in my behalf, but I would quietly and peaceably go with him wherever he would have me: but he told me no, I must march thorough the streets with the same Guard that came for me: I told him, I could not now dispute, but it would be no great conquest to lead a single captive thorough the streets in the head of so many armed men, who neither had made resistance, nor was in any capacity to do it; and coming down stairs into the great yard, I was commanded to stand till the men were marshaled in Rank and File, and two other prisoners were brought unto me, viz. my Landlord Mr. Devennish's two Sons, but for what they knew not, nor could imagine; So away thorough the streets the armed Victors carry us, like three conquered Slaves, making us often halt by the way, that so their men might draw up in good order, to encounter with an Army of Butterflies, in case they should meet them in the way to rescue us their Captives from them; so coming to Paul's Church, I there meet with my Comrade M. Prince, and after embraces each of other, and a little discourse, we see our acquaintance M. William Walwin marching at the head of another Party as a captive; and having understood that our being seized as Prisoners, was about a new address by way of Petition to the Parliament, entitled, The second part of England's new Chains discovered; We could not but wonder at the apprehending of M. Walwin about that, he having for some months past (that ever I could see or hear of) never been at any of our meetings, where any such things were managed: But Adjutant General Stubber that was the Commander of the Party, coming then to view, I repaired to him, and desired to see his Warrant, by virtue of which his men forced me out of my bed and habitation, from my Wife and children; and his Warrant he produced, which I read, he denying me a copy of it, though both there and at Whitehall I earnestly demanded it as my right: the substance of which, so near as I can remember, is, From the Committee, commonly styled the Council of State, to authorize Sir Hardresse Waller, and Colonel Edward Whaley, or whom they shall appoint, to repair to any place whatsoever, where they shall hear Lieut. Col. John Lilburn, and M. Prince, M. Walwin, and M. Overton are, them to apprehend, and bring before the Council of State, for supposition of high Treason, for compiling, etc. a seditious and scandalous Pamphlet, entitled, The second part of England's new Chains discovered. And for so doing, that shall be their Warrant.  
Signed, John Bradshaw Precedent.   

And in the same paper is contained Sir Hardresse waller's and Col. Whaley's Commission or Deputation to Adjutant General Stubber to apprehend Mr. Walwin and myself; who with his Officers, dealt abundantly more fairly with us, than I understand Lieut. Col Axtel dealt with Mr. Prince and Mr. Overton; From which Lieut. Col. if there had been any harmony in his spirit to his profession, abundance more in point of civili●●, might have been expected, then from the other, though he sell much short.  
But when we were in Paul's Churchyard, I was very earnest with the Adjutant General, and his Ensign that apprehended me (as I understood by the Adjutant he was) that we might go to some place to drink our morning's draughts; and accordingly we went to the next door to the School house, where we had a large discourse with the Officers, especially about Mr. Devenish's sons; we understanding they had no Warrant at all to meddle with them in the least, nor nothing to lay to their charge, but a private information of one Bull their Father's tenant, between which parties there is a private difference; we told them, we could not but stand amazed, that any Officer of an Army durst in such a case apprehend the person of any Freeman of England, and of his own head and authority, dragging him or them out of his house and habitation, like a Traitor, a Thief, or a Rogue; and they being ashamed of what they had done to them, at our importunity, let both the young men go free. So away by water we three went to White hall with the Adjutant Gen. where we met with our friend M. Overton. And after we had stayed a: White hall till about 4 or 5 of the clock in the afternoon, we were by the foresaid Adjutant carried to Darby-house, where, after about an hours stay, there were called in Lieut. Col. Goldegue, a Coalyard keeper in Southwark, and as some of good quality of his neighbours do report him to have been no small Personal Treaty man; and also Captain Williams, and M. Saul Shoe-maker, both of Southwark, who are said to be the Devil's 3. deputies, ere informers against us; and after they were turned out, I was called in next, and the door being opened, I marched into the Room with my hat on; and looking about me, I saw divers Members of the House of Commons present, and so I put it off; and by Sergeant Dendy I was directed to go near M. Bradshaw, that sat as if he had been Chairman to the Gentlemen that were there present; between whom, and myself, passed to this following effect.  
Lieut. Col. Lilburn (said he) here are some Votes of Parliament, that I am commanded by this Council to acquaint you with; which were accordingly read, and which did contain the late published and printed Proclamation or Declaration, against the second part of England New Chains discovered, with divers instructions and an unlimited power given unto the Council of State, to find out the Authors and Promoters thereof, After the reading of which, M. Bradshaw said unto me, Sir, You have heard what hath been read unto you, and this Council having information that you have a principle hand in compiling and promoting this Book, (showing me the Book itself,) therefore they have sent for you, and are willing to hear you speak for yourself. But I saw no Accuser, prosecutor or witness brought face to face, which were very strange proceed in my judgement.  
Well then M. Bradshaw, said I, If it please you and these Gentlemen to afford me the same liberty the Cavaliers did at Oxford, when I was arraigned before them for my life, for levying war in the quarrel of the Commonwealth, against the late King and his party, (which was liberty of speech to speak my mind freely without interruption) I shall speak and go on, but without the liberty of speech I shall not say a word more to you.  
To which he replied, That is already granted you, and therefore you may go on and speak what you can or will say for yourself, if you please; or if you will not, you may hold your pyace and withdraw.  
Well then (said I) M. Bradshaw, with your favour, thus. I am an Englishman born, bred, & brought up, and England is a Nation Governed, Bounded, and Limited by Laws & liberties: and for the Liberties of England, I have both fought and suffered much: but truly Sir, I judge it now infinitely below me, and the glory and excellency of my late actions, now to plead merit or desert unto you, as though I were forced to fly to the merit of my former actions, to lay in a counter-scale, to weigh down your indignation against me, for my pretended late offences: No, Sir, I scorn it; I abhor it: And therefore Sir, I now stand before you, upon the bare, naked, and single account of an Englishman, as though I had never said, done, or acted thing that tendeth to the preservation of the liberties thereof, but yet, have done any act that did put me out of a Legal capacity to claim the utmost punctilio, benesit, & privilege that the laws & liberties of England will afford to any of you here present, of any other man in the whole Nation: And the Laws and Liberties of England are my inheritance and birth right. And in your late Declaration, published about four or five days ago, wherein you lay down the grounds and reasons (as I remember) of your doing Justice upon the late King, and why you have abolished Kingly Government, and the House of Lords, you declare in effect the same; and promise to maintain the Laws of England, in reference to the People's Liberties 
* See Their Declarations of the 9 of Feb. & the 17 of March 1648, in which they positively declare, they are fully resolved to maintain, and shall and will preserve and keep the fundamental Laws of this Nation, for and concerning the preservation of the lives, properties and liberties of the people, with all things incident thereunto; but they of late years were never so good as their words; nor I am confident never intead to be they having turned their backs upon common honesty, upon the Lord their strength, and made lies and falsehoods their refuge and fortress, and therefore believe them no more; for I will make it good they are worse than the King was, whose head they have chopped off, for a Traitor, and Tyrant and thereby have condemned themselves, as deserving his very punishment.  and Freedoms: And amongst other things therein contained, you highly commend and extol the Petition of Right, made in the third year of the late King, as one of the most excellent and gloriest Laws in reference to the people liberties that ever was made in this Nation, and you there very much blame, and cry out upon the King, for robbing and denying the people of England the benefit of that Law; and sure I am (for I have read and studied it) there is one clause in it that saith expressly. That no Free man of England ought to be adjudged for life, limb, liberty, or estate, but by the Laws already in being established and declared: And truly Sir, if this be good and sound Legal Doctrine (as undoubtedly it is, or else your own Declarations are false, and lies) I wonder what you Gentlemen are; For the declared and known Laws of England knows you not, neither by names nor qualifications as persons endowed with any power either to imprison or try me, or the meanest Freeman of England; and truly, were it not that I know the faces of divers of you, and honour the persons of some of you, as Members of the House of Commons that have stood pretty firm in shaking times to the interest of the Nation; I should wonder what you are, or before whom I am, & should not, in the least honour or reverence you so much as with Civil Respect, especially considering the manner of my being brought before you, with armed men, and the manner of your close sitting, contrary to all courts of Justice, whose doors ought always to stand wide open. M. Bradshaw, it may be the house of Commons hath passed some Votes or Orders, to authorize you to sit here for such and such ends as in their Orders may be declared: But that they have made any such Votes or Orders, legally unknown to me, I never saw them. It's true, by common Fame you are bruited abroad and s●iled a Council of State, but its possible common Fame in this particular may as well tell me a lie as a truth; But admit common Fame do in this tell me a truth, and no lie, but that the House of Commons in good earnest hath made you a Council of State, yet I know not what that is, because the Law of England tells me nothing of such a thing; and surely if a Council of State were a Court of Justice, the Law would speak something of it: But I have read both old and new Laws, yea all of late that it was possible to buy or hear of and they tell me not one word of you, and therefore I scarce know what to make of you, or what to think of you; but as Gentlemen that I know, I give you civil respect, and out of no other consideration: But if you judge yourselves to be a Council of ●t●●e, and by virtue thereof think you have any power over me, I pray you show me your Commission, that I may know the better how to behave myself before you. M. Bradshaw, I will no●●ow question or dispute the Votes, or Orders of the present single House of Commons, in reference to their power, as binding Laws to the people; yet admit them to be valid, legal, and good; their due circumstances accompanying them: yet Sir, by the Law of England let me tell you, what the House Votes, Orders, and Enacts within their walls, is nothing to me, I am not at all bound by them, nor in Law can take any cognisance of them as Laws, although 20 Members came out of the House, and tell me such things are done, till they be published and declared by sound of Trumpet, Proclamation, or or the like, by a public Officer or Magistrate in the public and open places of the Nation; But truly Sir, I never saw any Law in Print or writing, that declares your power so proclaimed or published; and therefore Sir, I know not what to make more of you then a company of private men, being neither able to own you for a Court of Justice, because the Law speaks nothing of you▪ nor for a Council of State, till I see, and read, or hear your Commission, which I desire (if you please) to be acquainted with.  
But Sir, give me leave further to aver unto you, and upon this Principle or Averment I will venture my life and being, and all I have in the world; That if the House had by a Proclaimed and declared Law, Vote, or Order, made this Council (as you call yourselves) a Court of Justice, yet that proclaimed or declared Law, Vote, or Order, had been unjust and null, and void in itself; And my reason is, because the House itself was never (neither now, nor in any age before) betrusted with a Law-executing power, but only with a Law making power.  
And truly, Sir, I should have looked upon the people of this Nation as very fools, if ever they had betrusted the Parliament with a Law-executing power, and my reason is, because, if they had so done, they had then chosen and empowered a Parliament to have destroyed them, but not to have preserved them (which is against the very nature and end of the very being of Parliaments, they being by your own declared doctrine, chosen to provide for the people's weal, but not for their woe, First part Declarat. pag. 150, 266, 267, 269, 276, 279, 280, 304, 361, 382, 494, 696, 700, 716, 726.) And Sir, the reason of that reason is, because its possible, if a Parliament should execute the Law, they might do palpable injustice and m●●e administer it, and so the people would be rob of their intended extraordinary benefit of Appeals; for in such cases, they must appeal to the Parliament either against itself, or part of itself; and can it ever be imagined they will ever condemn themselves, or punish themselves? nay, will they not rather judge themselves bound in honour and safety to themselves, to vote that man a Traytot, and destroy him, that shall so much as question their actions, although formerly they have dealt never so unjustly with them? For this Sir, I am sure, is very commonly practised now a days; and therefore the honesty of former Parliaments in the discharge of their trust and duty in this particular, was such, that they have declared, the power is not in them to judge or punish me, o● the meanest free man in England, being no Member of their House, although I should beat or wound one of their Members nigh unto their door, going to the House to discharge his duty; but I am to be sent in all such cases to the Judge of the upper. 
* See 5. H. 4. 6. & 11. H. 6. ch. 11. See also my plea against the Lord's jurisdiction before the Judges of the King's Bench, called the Laws Funeral, pag. 8. 9 and my, grand plea against the Lord's jurudiction, made before Mr. Maynard of the House of Commons; and the four imprisoned Aldermen of London's plea against the Lord jurisdiction, published by M. Lionel Hurbin, 1648.  Bench, unto whom by Law they have given declared rules and direction in that particular how to behave himself, which be as evident for me to know as himself. Now ●i●, if reason and justice do not judge it convenient that the Parliament shall not be Judges in such particular cases, that are of so near concernment to themselves, but yet hath others that are not of their House, that are as well concerned as themselves; much less will reason or justice admit them to be judges in particular cases that are farther remote stom their particular selves, and do merely concern the Commonwealth; and sure I am, Sir, this is the declared Statute Law of England and doth stand in full force at this hour, there being, I am sure of it, no Law to repeal it, no not since the House of Commons set up their new Commonwealth. Now, Sir, from all this I argue thus, that which is not inherent in the whole, cannot by the whole be derived or assigned to a part.  
But it is not inherent, neither in the power nor authority of the whole House of Commons, primarily and originally to execute the Law, and therefore they cannot derive it to a part of themselves.  
But yet Sir, with your favour, for all this, I would not be mistaken, as though I maintained ned the Parliament had no power to make a Court of Justice; for I do grant they may erect a Court of Justice to administer the Law, provided, that the Judges consist of persons that are not Members of their House; and provided, that the power they give them be universal; that is to say, to administer the Law to all the people of England indefinitely, and not to two or three particular persons solely, the last of which for them to do is 
* And therefore I aver, that the High Court of Justice that sat upon Duke Hamilton, the Earl of Holland, etc. was no Court of Justice, but in the eye of the Law murdered those Noble men; for which Bradshaw and the rest of his fellow Judges are not in the eye of the Law so excusable as was Empson and Dudley, that Sir Edward Cook speaks of in the 2. part. Ins●it. fo. 51. & 3 part, f. 208. & 4. part. Inst. fol. 41. 196. 197. 198. who yet lost their lives as Traitors, for subverters of the fundamental Laws of England.  unjust, and altogether out of their power. And therefore Sir, to conclude this point; It being not in the power of the whole Parliament to execute the Law, they can give no power to you their Members to meddle with me in the case before you; For an Ordinary Court of Justice (the proper Administrator of the Law) is the only and sole Judge in this particular; and not you Gentlemen, no nor your whole House itself. And therefore, if you be honest men, and will be as good as your words, oaths and promises, (which are to maintain the Laws, in reference to the people's Liberties) I challenge at your hands the benefit of the Law, and not to be passed upon otherwise in any kind.  
For with your favour, Mr. Bradshaw, the fact that you suppose I have committed (for till it be judicially proved (and that must be before a legal Judge that hath cognisance of the fact) or confessed by myself before the Judge; it is but a bare supposition) is either a crime, or no crime: a crime it cannot be, unless it be a transgression of a Law in being, before it was committed, acted or done; For, where there is no Law, 
* Rom. 4. 15. See the 4. part of the L. Cooks Institutes, ch. 1. High Court of Parl: fol. 37. 38. 39 41. See also my printed Epistle to the Speaker, of the fourth of April, 1648. called the Prisoner's plea for an Habeas Corpus, p. 5 6. and England's Birthright, p. 1. 2. 3. 4. and the second edition of my Epistle to Judge Reeves, p. 11. 12. 13. 14. 15. and M. John Wildmans Truth's Triumph, p. 11. 12. 13. 14. and Sir John Maynards' Case truly stated, called The Laws Subversion, p. 9 13. 14. 15. 16. 38.  there is no Transgression And if it be a Transgression of a Law, that Law provides a punishment for it, and by the Rules and method of that Law am I to be tried, and by no other whatsoever, made ex post facto.  
And therefore, Sir, if this be true, as undoubtedly it is; then I am sure, you Gentlemen, have no power in Law to convene me before you for the pretended crime laid unto my charge; much less to fetch me by force out of my habitation by the power of armed men: For Sir, let me tell you, The Law of England never made Colonels, Lieutenant Colonels, Captains, or Soldiers, either Bailisss, Constables, 
* See the Petition of Right, in the 3. C. R. and my Book called the people's Prerogative, p. 44. 45. 46. 47. 48. & 56. etc. Yea, I say, that is the General take away by Martial Law, the life of Laughorn, etc. now in time of Peace, the Courts of Justice being open, he murders him or them, and aught to die therefore.  or Justices of Peace: And I cannot but wonder that you should attach me in such a manner as you have done, considering that I have all along adhered to the Interest of the Nation against the common Enemy (as you call them) and never disputed, nor contemned any Order or Summons from Parliament, or the most irregularest of their Committees, but always came to them when they sent for me, although their Warrant of Summons was never so illegal in the form of it; and I have of late in a manner de die in diem, waited at the House door, and was there that day, the Votes you have read, past, till almost twelve a clock; and I am sure there are some here present whose Couscience I believe tells them, they are very much concerned in this Book row before you) that saw me at the door, and stared wishfully upon me as they went into the House; and I cannot but wonder there could be no Civil Officer found to summon me to appear; but that now, when there is no visible hostile enemy in the Nation, and all the Courts of Justice open, that you (that have no power at all over me) must send for me by a hundred or two hundred Armed Horse and Foot, as though I were some monstrous man, that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me; Surely I had not endeavoured to fortify my house, against you, neither had I betaken myself to a Castle, or a defenced Garrison in hostility against you, that you need to send a hundred or two hundred armed men to force me out of my house, from my wife and children, by four or five a clock in the morning, to the distracting and affrighting of my wife and children: Surely I cannot but look upon this irregular, unjust, and illegal hostile action of yours, as one of the fruits and issues of your new created Tyranny, to amuse and debase my spirit, and the spirits of the People of this Free Nation, to fit me and them for bondage and slavery: This being the very practice of the Earl of Strafford before you, as M. Pym in his declaration against him, doth notably observe. And Sir, give me leave further to tell you, that for divers hundreds of men that have often been in the field with their swords in their hands, to encounter with hostile enemies, and in their engagements have acquitted themselves like men of valour, and come out of the field conquerors; for these very men to put themselves in Martial Array against four Mice or Butterflies, taking them captives, and as captives lead them through the streets, me thinks is no small diminution to their former Martial Achievements and Trophies: And therefore to conclude this, I do here before you all, protest against your power and Jurisdiction over me in the case in controversy; And also do protest against your Warrant you issued out to apprehend me; And against all your martial and hostile acts committed towards me, as illegal, unjust, and tyrannical, and no way in Law to be justified: Further telling you that I saw most of the Lord of Strafford's arraignment, and (if my memory fail me not) as little things as you have already done to me, were by yourselves laid to his charge, as acts of Treason; For which I saw him lose his head upon Tower-hill as a Traitor: And I doubt not for all this that is done unto me, but I shall live to see the Laws and Liberties of England firmly settled, in despite of the present great opposers thereof, and to their shame and confusion: and so M. Bradshaw I have done with what I have now to say.  
Upon which M. Bradshaw replied, Lieut. Col. Lilburn, you need not to have been so earnest, and have spent so much time in making an Apologetical defence; for this Council doth not go about to try you, or challenge any jurisdiction to try you, neither do we so much as ask you a question in order to your trial, and therefore you may correct your mistake in that particular.  
Unto which I said, Sir, by your favour, if you challenge no Jurisdiction over me, no not so much as in order to a trial, what do I here before you? or what do you in speaking to me? But Sir, seeing I am now here, give me leave to say one word more, and that is this; I am not only in time of peace (the Courts of Justice being all open) fetched and forced out of my house by multitudes of armed men, in an hostile manner, and carried as a captive up and down the streets, contrary to all Law and Justice, but I am by force of Arms still kept in their custody, and it may be, may be intended to be sent to them again, who are no Guardians of the Law of England, no nor so much as the meanest Administrators or executors of it, but aught to be subject to it themselves, and to the Administrators of it, (as is clear by the Petition of Right, etc.) yea the General himself. And truly, Sir, I had rather die, then basely betray my Liberties into their martial fingers (who after their fight for our Freedoms, would now destroy them, and tread them under their feet) that have nothing at all to do with me, nor any pretended or real civil offender in England. I know not what you intent to do with me, neither do I much care; having learned long since to die, and rather for my Liberties, then in my bed. It's true, I am at present in no capacity effectually to dispute your power, because I am under guards of armed Masketiers; but I entreat you, if you will continue me a prisoner, that you will free me from the military Sword, and send me to some Civil Gaol; and I will at present in peace and quietness obey your command, and go. And so I concluded, and was commanded to withdraw, which I did; and then Mr. William Walwin was called in: and while he was within, I gave unto my Comrades Mr. Prince, and Mr. Overton, and the rest of the people, a summary account of what had passed between me and them: And within a little time after Mr. Walwin came out again, and Mr. Overton was called in next: And at Mr. Walwin's coming out he acquainted us what they said to him, which was in a manner the same they said to me; and all that he said to them was but this, That he did not know why he was suspected. To which Mr. Bradshaw replied, Is that all you have to say? And Mr. Walwin answered, Yes. So he was commanded to withdraw.  
And after M. Overton was come out, M. Prince was called in, and after he had withdrawn, they spent some time of debate among themselves, and then I was called in again; So I marched in Suitable to my first posture, and went close to M. Bradshaw, who said unto me to this effect: Lieut. Colonel Lilburn, this Council hath considered what you have said, and what they have been informed of concerning you, and also of that duty that lies upon them by the command of the House, which enjoins them to improve their utmost ability to find out the Author of this Book; and therefore to effect that end, they judge themselves bound to demand of you this question: Whether you made not this Book, or were privy to the making of it or no?  
And after some pause, and wondering at the strangeness of the quesion, I answered and said, M. Bradshaw, I cannot but stand amazed that you should ask me such a question as this, at this time of the day, considering what you said unto me at my first being before you; and considering it is now about eight years ago since this very Parliament annihilated the Court of Star-chamber, Council board, and High Commission, and that for such proceed as these 
* See the Acts that abolished them, made in the 16 C. R. printed in my Book called The people's Prerogative, p. 22. 23. 24. 25. . And truly, Sir, I have been a contestor and sufferer for the Liberties of England these twelve years together, and I should now look upon myself as the baseft fellow in the world, if now in one moment I should undo all that I have been doing all this while; which I must of necessity do, if I should answer you to questions against myself: For in the first place, by answering this question against myself, I should betray the Liberties of England, in acknowledging you to have legal Jurisdiction over me, to try and adjudge me; which I have already proved to your faces you have not in the least: And if you have forgot what you said to me thereupon, yet I have not forgot what I said to you. And Secondly, Sir, If I should answer to questions against myself, and so betray myself, I should do that which not only Law, but Nature abhors: And therefore I cannot but 
* And well might I; for M. John Cook and M. Bradshaw himself were my Counsel at the Lords Bar, against the Star-chamber, the 13 of Feb. 1645. where M. Bradshaw did most excellently open the Star-chamber injustice towards me; and at the reading of their first Sentence, he observed to the Lords, that that Sentence was felo de se, guilty of his own death; the ground whereof (said he) being because M. Lilburn refused to take an oath to answer to all such questions as should be demanded of him, it being contrary to the Laws of God, Nature, and the Kingdom, for any man to be his own Accuser: whose words you may more at large read in the printed Relation thereof, drawn up by M. John Cook, and myself, p. 3. But he that condemned it in the Star-chamber, now practiseth it in the Council of State: but the more base and unworthy man he for so doing.  wonder that you yourselves are not ashamed to demand so iilegall and unworthy a thing of me as this is, and therefore in short, were it that I owned your power (which I do not in the least) I would be hanged, before I would do so base and un-Englishman— like an Action, to betray my Liberty; which I must of necessity do, in answering questions to accuse myself: But Sir, this I will say to you, My late Actions have not been done in a hole, or a corner, but on the house top, in the face of the Sun, before hundreds and some thousands of people; and therefore why ask you me any questions? Go to those that have heard me, and seen me, and it is possible you may find some hundreds of witnesses to tell you what I have said and done; for I hate holes and corners: My late Actions need no covers nor hidings, they have been more honest than so, and I am not sorry for what I have done; for I did look well about me before I did what I did, and I am ready to lay down my life to justify what I have done: And so much in answer to your question.  
But now Sir, with your favour, one word more, to mind you again of what I said before, in reference to my Martial imprisonment: and truly Sir, I must tell you, Circumstantials of my Liberty, at this time, I shall not much dispute; but for the Essentials of them I shall die. I am now in the Soldier's custody, where to continue in silence and patience, is absolutely to betray my Liberty: for they have nothing to do with me, nor the meanest free man of England in this case: And besides, Sir, they have no rules to walk by, but their wills and their swords, which are two dangerous things; it may be, I may be of an hasty choleric temper, and not able nor willing to bear their affronts; and peradventure they may be as willing to put them upon me, as I am unwilling to bear them: and for you in this case to put fire and tinder together to burn up one another, will not be much commendable, nor tend much to the accomplishment of your ends: But if, for all this, you shall send me back to the Military Sword again, either to Whitehall, or any other such like garrisoned place in England, I do solemnly protest before the Eternal God of heaven and earth, I will fire it, and burn it down to the ground, if possibly I can, although I be burnt to ashes with the flames thereof; for Sir, I say again, the Soldiers have nothing to do to be my Gaolers; and besides, it is a maxim among the soldiers, That they must obey (without dispute) all the Commands of their Officers, be they right or wrong; and it is also a maxim amongst the Officers, That if they do not do it, they must hang for it: therefore if the Officers command them to cut my throat, they must either do it, or hang for it. And truly Sir, (looking wishly upon Cromwell, that sat just against me) I must be plain with you, I have not found so much Honour, Honesty, Justice or Conscience in any of the principal Officers of the Army, as to trust 
* And truly, I am more than afraid honest Capt. Brav hath too much experience of this in Windsor Castle, who though he be but barely committed thitther into safe custody, yet (as I from very ●●od hands am informed) the Tyrannical Governor Whichcock, Cromwel's creature, doth keep him close prisoner, denying him the benefit of the Castle air, keeping not only pen and ink from him, but also his friends and necessaries; with which cruelty etc. he hath already almost murdered and destroyed the honest man: in whose place were I, and so illegally and unjustly used, a flune, (if possibly I could) should be the portion of my chamber, although I perished in it.  my life under their protection, or to think it can be safe under their immediate fingers; and therefore not knowing, nor much caring what you will do with me, I earnestly entreat you if you will again imprison me, send me to a Civil Gaol that the Law knows, as Newgate, the Fleet, or the Gatehouse, and although you send me to a Dungeon, thither will I go in peace and quietness, without any further dispute of your Authority; for when I come there, I know those Gaolers have their bounds and limits set them by the Law, and I know how to carry myself towards them, and what to expect from them; and if they do abuse me, I know how in law to help myself. And so Sir, I have said what at present I have to say. Whereupon Mr. Bradshaw commanded the Sergeant to put me out at another door, that so I should no more go amongst the people; and immediately Mr. Walwin was put out to me; and ask him what they said to him, I found it to be the same in effect they said to me, demanding the same foregoing question of him, that they did of me: to which question, (after some kind of pause) he answered to this effect, That he could not but very much wonder to be asked such a questions however, that it was very much aga●st his judgement and conscience to answer to questions of that nature, which concerned himself; that if he should answer to it, he should not only betray his own Liberty, but the Liberties of all Englishmen. which he could not do with a good conscience; And he could not but exceedingly grieve at the dealing he had found that day; That being one who had always been so faithful to the Parliament, and so well known to most of the Gentlemen there present, and that nevertheless he should be sent for with a party of Ho●se and Foot, to the affrighting of his Family and ruin of his credit; And that he could not be satisfied, but that it was very hard measure to be used thus upon suspicion only: And that if they did hold him under restraint from following his business and occasions, it might be his undoing, which he conceived they ought seriously to consider of.  
Then M. Bradshaw said, He was to answer the question, and that they did not ask it as in way of Trial, so as to proceed in Judgement thereupon, but to report it to the House. To which M. Walwin said, That he had answered it so as he could with a good conscience, and could make no other Answer, and so withdrew.  
And after he came out to me, Mr. Overton was next called in again, and then Mr. Prince; so after we were all come out, and all four in a room close by them, all alone, I laid my ear to their door, and heard Lieutenant General Cromwell (I am sure of it) very loud, thumping his fist upon the Council Table, till it rang again, and heard him speak in these very words, or to this effect: I tell you, Sir, you have no other way in 〈◊〉 with these men, but to break them in pieces: and thumping upon the Council Table again, he said, Sir, Let me tell you that which is true, if you do not break them, they will break you; yea and bring all the guilt of the blood and treasure shed and spent in this Kingdom, upon your heads and shoulders; and frustrate and make void all that work that with so many years industry, toil and pains you have done, and so render you to all rational men in the world, as the most contemptible generation of silly, low-spirited men in the earth, to be broken and routed by such a despicable contemptible generation of men as they are: And therefore, Sir, I tell you again, you are necessitated to 
* Reader, Observe I pray that this 40 headed Tyrant called the Council of State, are under an oath of Secrecy; so that if the Cromwellitish Faction plot there the ruin and destruction of the Nation, or all the honest men in it, the rest that do not consent with them, must not reveal it. But the more unworthy men are they amongst them that profess to be lovers of their Country to take such a wicked oath of secrecy.  break them. But being a little disturbed by the supposition of one of their Messengers coming into the room, I could not so well hear the Answer to him, which I think was Colonel Ludlow's voice, who pressed to bail us; for I could very well hear him say, What would you have more than security for them? Upon which discourse of Cromwel's, the blood ran up and down my veins and I hearty wished myself in again amongst them, (being scarce able to contain myself) that so I might have gone five or six stories higher than I did before, yea, as high as I intended when I came to their door, and to have particularly paid Cromwell and Haslerig to the purpose, for their late venom, not only against me in the House, but my whole Family; Haslerig saying (as I am informed) in the open House, There was never a one of the lilburn's Family fit or worthy to be a Constable in England; though I am confident there is not the worst of us alive that have served the Parliament, but he is an hundred times more just, honest and unspotted than he himself, as in due time I shall make it appear, by God's assistance (I hope) to his shame. But the fair carriage of the Gentlemen of the supposed Council to me at the first, took off the height of the edge of my Spirit, and intended resolution; which (it may be) they shall have the next time to this effect: Y●u yourselves have already voted the People, under God, the Fountain and Original of all just Power; and if so, then none can make them Laws, but those that are chosen, empowered and betrusted by them for that end: And if that be true, as undoubtedly it is, I desire to know how the present Gentlemen at Westminster can make it appear they are the People's Representatives, being rather chosen by the Will of him, whose head as a Tyrant and Traitor they have by their Wills chopped off, (I mean the King) then by the People: whose Will made the Borough towns to choose Parliament men, and thereby robbed about nineteen people of this Nation of their undubitable and inherent right, to give to a single man in twenty for number (in reference to the whole Nation) a Monopoly to choose Parliament men▪ dis-franchising thereby the other nineteen: And if so in any measure, then upon their own declared Principles, they are no Representative of the People, no nor was not at the first. Again, the King summoned them by his Writ (the issue of his will and pleasure; and by virtue of that they sit to this hour, and so are rather his Parliament, than the People's. Again, the King by his Will and pleasure combines with them by an Act to make them a perpetual Parliament (one of the worst and tyrannicallest actions that ever he did in his life) to sit as long as they pleased; which he nor they had no pow●r to do in the least; the very constitution of Parliaments in England being to be once every year, or oftener, if need require. Q●aere. Whether this Act of perpetuating this Parliament by the Parliament men themselves, beyond their Commission, was not an act in them of the highest Treason in the world against the People and their Liberties by setting up themselves an Arbitrary power over them for ever; which is the greatest slavery can be exexcised upon the sons of men: Yea, and thereby razing the foundation and constitution of Parliament itself: And if so, than this is null, if at the first it had been any thing.  
Again, if it should be granted this Parliament at the beginning had a legal constitution from the people (the original and fountain of all just power) yet the Faction of a traitorous party of Officers of the Army, hath twice rebelled against the Parliament, and broke them to pieces and by force of Arms culled out whom they please, and imprisoned divers of them and laid nothing to their charge, and have left only in a manner a few men, (besides 12 of themselves viz. the General, Cromwell, Ireton, Harrison, Fleetword, Ri●h, Ingalsby, Haslerig, Constable, Fennick Walton, and Allen Treasurer;) of their own Faction behind them that will like Spanel-doggs serve their lusts and wills; yea some of the chiefest of them, viz. Ireton, Harrison, etc. yea, M. Holland himself, styling them a mock Parliament, a mock power at Windsor, yea it is yet their expressions at London; And if this be true that they are a mock power and a mock Parliament; then,  
Quere, Whether in Law or Justice, (especially considering they have fallen from all their many glorious promises, and have not done any one action that tends to the Universal good of the people, and absolutely degenerate into pure tyranny, and thereby, have lost the essence and soul of authority, and are become but a dead and stinking Carkess) Can those Gentlemen sitting at Westminster in the House, called the House of Commons, be any other than a Factious company of men traitorously combined together with Crumwel, Ireton, and Harrison, to subdue the Laws, Liberties, and Freedoms of Ergland; (for no one of them protests against the rest) and to set up an absolute and perfect Tyranny of the Sword, will and pleasure, and absolutely intent the destroying the Trade of the Nation, and the absolute impoverishing the people thereof, to fit them to be their Vassals and Slaves? And if so, then,  
Quere, Whether the Free-People of England, as well Soldiers as others, ought not to contemn all these men's commands, as invalid and illegal in themselves, and as one man to rise up against them as so many professed traitors, thiefs, robbers 
* For Magistacy going beyond its bounds and limits, and setting up their wills and lusts are no more Magistrates but Bears and Wolves, and so may be resisted; for these three things out of the Parliament and Armies Declarations I will prove to be good and sound doctrine, consonant to reason and scripture, viz. first that all Magisteriall power in England what ever, are at most but Officers of trust and expressly bound up with this limitation, to be exercised for the good and well fair of the trusters; Secondly, that it is possible that all, or any, of the several Magisterial trusties may forfeit their or its trust; Thirdly, that in case of forfeting the Magisterieal trust, the trusters the people are disobliged from their obedience and subjection, and may lawfully do the best they can for their own preservation, and their Magistrate's punishment.: See the first part of the Parliaments Declarations, pag. 81. 150. 201. 207. 264. 267. 270. 276. 304. 492. 494. 629. 690. 694. 696. 699. 700. 701. 726. 728. See the Army's book, Declaration pag. 26. 34. 38. 39 40, 41. 60. 61, 62 66. 141. 143, 144. See also King James opinion betwixt a Real King and a Tyrant, in his speech to the Parliament 1609. See my Book called, The Outcries of oppressed Commons pag. 16. 17. 18. and regal Tyranny; pag. 32. 33, 34, 35. etc. 59 60. 61, 62. but to behead the King for Tyranny and Treason, who was fenced about with the Letter of multitude of Laws, puts this out of all dispute.  & high way men, & apprehend, secure and bring them to Justice in a new Representative, chosen by virtue of a just Agreement among the pecple, there being no other way in the world to preserve the Nation but that alone; the three forementioned men, viz. Cromwell, Ireton, and Harrison, (the General being but their stalking Horse, and a Cipher) and there traitorous faction, 
** For the greatest Traitors they are that ever were in this Nation, as upon the loss of my head l joh. Lilburn will by law under take to prove and make good before the next free and just Parliament to whom I hereby appeal.  having by their wills and Swords, got all the Swords of England under their command; and the disposing of all the great places in England by sea and land, andalso the pretended law executing power, by making among themselves (contrary to the Laws and Liberberies of 
*** For the people being in reason, justice and truth, as well as by the Parliaments late votes, the true fountain, and original of all just power, they ought not only in Reason, Right, and Justice, choose their own law makers, but all and every of their law executors, and to obey none what soever but of their own choice, and it is not only their right by reason and justice; but Sir Ed. Cook in his second part Institut. (published for good Law by this present house of Commons) declares and proves Fol. 174. 175. 558. 559. that by law it was and is, the people's right to choose their Coroner, Justices, or conservators of the Peace; as also their high Sheriff and Verderors of Forest; and saith he there expressly for the time of War, there were likewise Leaders of the countries' Soldiers of Ancient time, chosen by the Freeholders' of the county: but it's true, the chiefest of these things were expressly taken from the people, and invested in the King by the Statute of the 27. Hen. 3 chap. 24. and therefore Kingly government being abolished, the right is returned into the people, the king or fountain of power, and cannot be exercised as a new devise by the Parliament although they were never so legally and Justly chosen by them without a conference with them thereupon, & a power deputed to them for that end as Sir Edward Cook declares in the 4 part of his Institutes chap. High Court of Parliament. Fol. 14. 34. therefore I do hereby declare all the present Parliaments Justices, Sheriffs &c. to be no Justices, Sheriffs etc. either in law or reason, but mere tyrants, invadors and usurpers of their power and authority; and may very well in time come to be hanged for executing their pretended offices.  England) all Judges, Justices of Peace, Sheriffs, Bailiffs, Committee-men, etc. to execute their wills and tyranny, walking by no limits or bounds, but their own wills and pleasures: And traitorously assume unto themselves a power to levy upon the people what money they please; and dispose of it as they please, yea, even to buy knives to cut the people's throats that pay the money to them, and to give no account for it till Doomsday in the afternoon; they having already in their wills and power to dispose of Kings, Queen, Princes, Dukes, and the rest of the children's Revenues; Deans and Chapter lands, Bishops lands, sequestered Deliquents lands, sequestered Papists lands, Compositions of all sorts, amounting to millions of money; besides Excise, and Customs; yet this is not enough, although if rightly husbanded, it would constantly pay above one hundred thousand men, and ●urnish an answerrable Navy thereunto: But the people must now after their trades are lost, and their estates spent to procure their liberties & freedoms, be sessed about 100000. pound a month, that 
**** But saith there own Oracle, Sir Ed. Cook in the 4 part of his instutes chap. High Court of Parliament. Fol. 14. 34. It is also the Law and custom of Parliament, that when any new device is moved on the King's behalf in Parliament for his aid or the like, the Commons may answer, that they tendered the King's estate, and are ready to aid the same, only in this new device they dare not agree without conference with their countries; whereby it appeareth (saith he) that such conferences is warrantable by the law and custom of Parliament, and this was do●e in the Parliament of the 9 Ed. 3. numb. 5 but the present Parliament assume unto themselves the regal office in the height, and therefore ought not to be their own carvers in reference to the people's purses, but aught to demand and obtain their consents (especially in time of peace) before they levy either 90000 pounds per month, or any such like new device what ever; and therefore I know neither law equity or reason to compel the people to pay a penny of it; unless they have a desire to bring themselves into the same condition in reference to the present Parliament that the Egyptians were to Pharaoh, when Joseph was so hard hearted as to make the Egyptians to pay so dear for breadcorn, that it cost them all their money, and all their cattle, yea all their lands and also themselves for his slaves. Gen. 47. 14. 15. 16. etc. for which tyranny God plagued him and his posterity by making them slaves to the Egyptians afterwards.  so they may be able like so many cheaters and and State thiefs, to give 6. 8. 10. 12. 14. 16000 pounds apeice over again to one another, as they have done already to divers of themselves, to buy the Commonwealth's lands one of another, (contrary to the duty of trusties, who by law nor equity can neither given or sell to one another) or two or three years purchase the true and valuable rate considered, as they have already done, and to give 4 or 5000l, per annum over again to King Crumwell. with ten or twenty thousand pounds worth of wood uponit) as they have done already out of the Earl of Worcester's estate, etc. Besides about four or five pounds a day he hath by his places of Lieut. General, and Colonel of Horse in the Army (besides the extraordinary advancement of many of his kindred, that so they might stick close to him in his tyranny) although he were at the beginning of this Parliament but a poor man, yea, little better than a beggar (to what he is now) as well as other of his neighbours.  
But to return, those Gentlemen that would have had us bailed lost the day, by one vote as we understood, for all their wicked oath of secrecy, and then about 12. at night, they broke up, (a fit hour for such works of wickedness, John 3. 19 20. 21.) and we went into their pretended Secretary, and found our commitments made in these words, our names changed, viz.  
These are to will and require you, to receive herewith into your custody, the Person of Lieu. Col. John Lilburn, and him safely to keep in your Prison of the Tower of London, until you receive further order, he being committed to upon suspicion of high Treason, of which you are not to fail, and for which this shall be your sufficient Warrant; given at the Council of State at Derby-house 28. day of March, 1649.  
To the Lieu. of the Tower of London, Signed in the name, and by the Order of the Council of State, appointed by authority of Parliament. Jo. Bradshaw. Precedent.   

Note that we were committed upon Wednesday their fast day, being the best fruits that ever any of their fasts brought out amongst them, viz. To sinite with the fist of wickedness. For the illegallity of this warrant, I shall not say much, because it is like all the rest of the warrants of the present House of Commons, and their unjust Committees; whose Warrants are so sufficiently anatomised by my quondam Comrade M. John Wildeman, (though much degenerated) his Books, called Truth's Triumph, and the Laws subversion, being Sir John Maynard's Case truly stated; and by myself, in my late plea before the Judges of the King's Bench, now in print, and entitled The Laws Funeral, that it is needless to say any more of that particular; and therefore to them I refer the Reader.  
But to go on: When we had read our Warrants, we told Mr. Frost, we would not dispute the legality of them, because we were under the force of Guards of armed Musketeers: So some time was spent to find a man that would go with us to prison; Captain Jenkins (as I remember his name) being Captain of the Guard, and my old and familiar acquaintance, was prevailed with by us, to take the charge upon him, who used us very civilly, and gave us leave that night (it being so late) to go home to our Wives, and took our words, with some other of our friends then present, to meet him in the morning at the Angel Tavern near the Tower; which we did accordingly, and so marched with him into the Tower; where coming to the Lieutenant's House, and after salutes each of other, with very much civility, the Lieutenant read his Warrants: and Mr. Walwin, as our appointed mouth, acquainted him that we were Englishmen; who had hazarded all we had for our Liberties and Freedoms for many years together, and were resolved (though Prisoners) not to part with an inch of our Freedoms, that with struggling for we could keep; and therefore we should neither pay Fees nor chamber-rent, but what the Law did exactly require us; neither should we eat or drink of our own cast or charges, so long as we could fast: telling him, it was our unquestionable right by Law, and the custom of this place, to be provided for out of the public Treasure, although we had never so much money in our pockets of our own, which he granted to be true; and after some more debate, I told him, we were not so irrational, as to expect that he out of his own money should provide for us: but the principal end of our discourse with him was, to put words in his mouth from ourselves (he being now our Guardian) to move the Parliament or Council of State about us, which he hath acquainted us he did to the Council of State; who, he saith, granted, the King or former times used to provide for the Prisoners: But I say, they will not be so just as he was in that particular; although they have taken off his head for tyranny, yet they must and will be greater Tyrants than he; yea, and they have resolved upon the Question, that he shall be a Traitor that shall but tell them of their Tyranny, although it be never so visible: But let me tell them, that saying of Mr. John Cook their Solicitor general, in his Book, called the King's case stated, is most true, That in condemning the King for tyranny, they have already past Sentence against themselves when they tyrannize. But I say, and will make it good upon my life before competent Judges, that they are greater Tyrants than the King was, and the Ringleaders of them better deserved his punishment of loss of their heads, than he did; for he never made such professions of Liberty and Justice to the People as they have done, but always maintained the people had no share in Government; and that for his misgovernment he was accountable to none but God: and yet I will justify it, their actions are as wicked as his: yea, I will maintain it, that the cruel tyrant Duke D'Alva so much mentioned in Edmond Grimstons' general History of the Neatherlands, lib. 9 who with his High Court of Justice, or Counsel of State, put above eighteen thousand to death under pretence of Justice in less than five years, fol. 435. 462. was more excusable than the Leaders of these men: Yea, bloody Qu. Mary (in comparison) was a Saint to these men, who never went about to burn or hang the Martyrs, but for transgressing a Law in being; yea, and let them enjoy open trials according to Law: but these men would hang us for Traitors, although we have transgressed none of their Laws; yea, and in the night, contrary to Law, in a close room examine us against ourselves, without producing face to face either prosecutor, accuser or witness, yea, or so much as laying any crime unto our charge, our chiefest Adversaries being our Judges. Wherefore, Hear O heavens, and give ear O earth.  
So now I have brought the Reader to my old contented lodging in the Tower; where, within two or three days of our arrival there, came one M. Richardson a Preacher amongst those unnatural, un-English-like men, that would now help to destroy the innocent, and the first promoters in England (as Cromwel's beagles to do his pleasure) of the first Petition for a personal Treaty, almost two years ago, and commonly style themselves the Preachers to the seven Churches of Anabaptists: which Richardson, pretending a great deal of affection to the Commonwealth, to Cromwell, and to us; and pressed very hard for union and peace (and yet by his petition since this, endeavours to hang us) telling us, men cried mightily out upon us abroad for grand disturbers, that sought Cromwel's blood for all his good Service to the Nation, and that would centre nowhere, but merely laboured to pull down those in power, to set up ourselves: And after a little discourse with him, being all four present, and retorting all he said back upon those he seemed to plead for, before several witnesses, we appealed to his own conscience to this effect, whether those could intent any hurt or tyranny to the people, that desire, and earnestly endeavoures for many years together, that all Magistrates hands might be bound and limited by a just law and rule, with a penalty annexed unto it, that in case they outstripe their rule, they might forfeit life and estate therefore, and that all Magistrates might be chosen by the free people of this Nation by common consent, according to their undubitable right, and often removed, that so they might not be like standing waters, subject to corruption; and that the people might have a plain easy, short, and known Rule amongst themselves to walk by, administered in their own Countries; but such men were all we; and therefore justly could not be styled disturbers of any, but only such as sought to rule over the people by their absolute Wills and pleasures, and would have no bounds or limits but their lusts, and so sought to set up a perfect tyranny, which we absolutely did, and still do charge upon the great men in the Army, viz. Cromwell, Ireton, Haselrig, Harrison etc. and are ready before indifferent Judges to make it good. And as for seeking ourselves, we need no other witnesses but some of our present adversaries in the House, whose great proffered places, and courtship by themselves and their Agents some of us have from time to time slighted, s●●rned, and contemned, till they would conclude to come to a declared and resolved centre, by a just Agreement of the People; there being no other way now in the world to make this Nation free, happy or safe, but that alone. And as for Cromwel's blood, although he had dealt basely enough with some of us in times bypast, by thirsting after ours, without cause; of whom (if revenge had been our desire) we could have had it the last year to the purpose, especially when his quondam Darling, Maj. Huntingdon, (Maj. to his own Regiment) impeached him of Treafon to both Houses: yet so deer was the good of our Native Country to us, to whom we judged him then a serviceable Instrument to balance the Scots, that we laid all revenge aside, hoping his often dissembled Repentance was real indeed; and Mr. Holland himself (now his favourite) if his 1000 or 1500. l. per annum of the King's Lands, that now he enjoys, did not make him forget himself, can sufficiently testify and witness our unwearied and hazardous Activity for Cromwel's particular preservation the last year, when his great friends in the House durst not publicly speak for him.  
And whereas it is said we will Centre nowhere, we have too just cause to charge that upon them; the whole stream of all our Actions (as we told Richardson) being a continued Declaration of our earnest desires to come to a determinate and fixed centre: one of us making sufficient propositions to that purpose to the Council of State at our last being there, and all our many and late proffers as to that particular, they have hitherto rejected, as no ways consistent with their tyrannical and selvish ends and designs: and given us no other answer in effect, but the sending our body's prisoners to the Tower: and therefore we judged it infinitely below us (as we told him) and that glorious cause, the People's Liberties and Freedoms, that we are now in bonds for) and for which we suffer, to send any message but a defiance by him or any other to them. Yet to let him know (as one we judged honest, and our friend) we were men of reason, moderation, and justice, and sought nothing particularly for ourselves more than our common share in the common freedom, tranquillity, and peace of the land of our Nativity: We would let him know, we had a two fold Centre, and if he pleased of and from himself to let our Adversaries know, we were willing our adversaries should have their choice to which of the two they would hold us to.  
And therefore said we in the first place, The Officers of the Army have already compiled, and published to the view of the Nation, an Agreement of the people, which they have presented to the present Parliament; against which we make some exceptions, which exceptions are contained in our Addresses: Now let them but mend their Agreement according to exceptions, and so far as all our interest extends in the whole Nation, we will acquiesce and rest there, and be at peace with them, and live and die with them in the pursuance of those ends; and be content for Cromwell and Iretons security, etc. for the blood of war shed in time of peace at Ware, or any thing else; and to free ourselves that we thirst after none of their blood, but only our just Liberties (without which we can never sit down in peace) That there shall be a clause, to bury all things in oblivion, as to life and liberty, excepting only estate; that so the Commonwealth may have an account of their moneys in Treasurer's hands, etc.  
Or secondly, if they judge our exceptions against their Agreement (or any one of them) irrational, let them choose any 4 men in England, & let Crumwel & Ireton be 2 of them, & take the other 2 where they please, in the whole Nation, & we 4 now in prison, will argue the case in reason with them, and if we can agree, there is an end, as to us, & all our interest; but in case we cannot, let them (said we all) choose any 2 membes of the House of Commons, & we will choose 2. more, viz. Col. Alex. Rigby, & Col. Henry Martin, & to be final umpires betwixt us: & what they, or the major part of them determine, as to us (in relation to an Agreement) and all our interest in the whole land, we will acquiesce in, be content with, and stand to without wavering: and this we conceive to be as rational, just, and fair, as can be offered by any men upon earth: and I for my part, say and protest before the Almighty, I will yet stand to this, and if this will content them, I have done; if not, fall back, fall edge, let them do their worst I for my part bid defiance to them, assuredly knowing, they can do no more to me, than the Devil did to Job; for resolved by God's assistance I am, to spend my heart blood against them, if they will not condesend to a just Agreement that may be good for the whole Nation; that so we may have a speedy new and as equal a Representative as may be, chosen by those that have not fought against their freedoms, although I am as desirous the Cavaliers should enjoy the benefit of the Law, for the protection of their persons and estates, as well as myself. I know they have an Army at command, but if every hair on the head of that Officer or Soldier they have at their command were a legion of men, I would fear them no more than so many straws; for the Lord Jehovah is my rock and defence, under the assured shelter of whose wings, I am safe and secure, and therefore will sing and be merry; and do hereby sound an eternal trumpet of defiance to all the men and devils in the earth and hell, but only those men who have the image of God in them, and demonstrate it among men, by their just, honest, merciful and righteous actions. And as for all those vild aspersions their saintlike Agents have fixed upon me of late, I know before God none is righteous no not one, but only he that is clothed with the glorious righteousness of Jesus Christ, which I assuredly know my soul hath been, and now is clothed with, in the strength of which I have walked for above 12 years together, and through the strength of which, I have been able at any time in all that time, to lay down my life in a quarter of an hours warning. But as to man I bid defiance to all my Adversaries upon earth, to search my ways and go with a candle, and to lay any one base Action to my charge in any kind whatsoever, since the first day that I visibly made profession of the fear of God, which is now about twelve years; yea, I bid defiance to him or them, to proclaim it upon the house top, provided he will set his hand to it, and proclaim a public place, where before indifferent men, in the face of the Sun, his accusation may be scanned; yea, I here declare, that if any man or woman in England, either in reference to my public actions, to the State's money, or in reference to my private deal in the world shall come in and prove against me, that ever I defrauded him, or her of twelve pence, and for every twelve pence that I have so done, I will make him or her twenty shillings worth of amends, so far as all the estate I have in the world will extend.  
Courteous Reader, and dear Countryman, excuse I beseech thee my boasting and glorying, for I am necessitated to it, my adversaries base and lying calumniations putting me upon it, and 
john Lilburn, that never yet changed his principles from better to worse, nor could never be threatened out of them, nor courted from them, that never feared the rich nor mighty, nor never despised the poor nor needy, but always hath and hopes by God's goodness to continue semper idem.  Paul and Samuel did it before me: and so I am thine, if thou art for the just Freedoms and liberties of the land of thy Nativity,  
From my rejoicing captivity (for bearing witness against Tyranny in whomsoever I find it) in the Tower of London April 3. 1649    

Postscript.  
Courteous Reader, I have much wondered with myself, what should make most of the Preachers in the Anabaptists Congregations so mad at us four, as this day to deliver so base a Petition, in the intention of it against us all four; (who have been as hazardous Sticklers for their particular liberties, as any be in England) and never put a provocation upon them that I know of, especially, considering the most, if not all their Congregations, (as from divers of their own member I am informed) sprotested against their intentions openly in their Congregations, upon the Lord's day last, and I am further certainly informed that the aforesaid Petition the Preachers delivered, is not that which was read by themselves amongst the people; but another of their own framing since, which I cannot hear was ever read in any one of their Congregations: so that for the Preachers viz. M. Kiffin, M. Spilsbury, M. Patience, M. Draps, M. Richardson, M. Constant, M. Weighed the Schoolmaster, etc. to deliver it to the Parliament in the name of their Congregations; they have delivered a lie and a falsehood, and are a pack of fawning daubing knaves for so doing, but as I understand from one of M. Kiffins members, Kiffin himself did ingenuously confess upon the Lord's day last, in his open Congregation, that he was put upon the doing of what he did by some Parliament men, who he perceived were willing and desirous to be rid of us four, so they might come off handsomely without too much loss of credit to themselves: and therefore intended to take a rise from their Pettition to free us, and for that end it was, that in their Petition read in the Congregations, after they had sufficiently bespattered us, yet in the conclusion they beg mercy for us; because we had been formerly active for the Public. Secondly, I have been lately told, Some of the congregational Preachers are very mad at a late published and licenced Book, sold in Popes-head Alley, and the blue Anchor in Cornhill, entitled, The vanity of the present Churches; supposing it to be the Pen of some of our Friends, and therefore out of revenge might petition against us: I confess, I have within a few hours seen and read the Book, and not before; and must ingenuously confess, it is one of the shrewdest Books that ever I read in my life, and do believe it may be possible they may be nettled to the purpose at it; but I wish every honest  man in England would seriously read it over.  
April 4. 1649. John Lilburn.  
I Shall desire to acquaint the Reader, that when the Title page of the foregoing Book was first set, there was an absolute determination to have reprinted all our Examinations together; but for some weighty reasons the intentions are altered; and because I understand that the fury, rage and bloodthirstiness of Cromwell, Ireton, Hasterig, and Harrison is most at me, right or wrong to destroy me and have my blood, I am determined, by God's assistance, to fill their hands as full with my own pen, as all the brains I have can fill them; and to make them pay a valuable price, if possibly I can, for every hair of my head. And in order to my future intentions, I shall here annex my Outcries against the Bishops, when they had like to have murdered me in the Fleet, being printed at Amsterdam 1639, entitled  
A CRY FOR JUSTICE: OR; An Epistle written by John Lilburn, To all the grave and worthy Citizens of the famous City of London, but especially to the Right honourable Maurice Abbot, Lord Maior thereof,  
The most miserable and lamentable complaint of that inhuman, barbarous, savage and unparalleled cruelty and tyranny, that is causelessly, unjustly, and wrongfully exercised upon me J●hn Lilburn a faithful Subject to my Prince, Country, and a Prentice of this Honourable City, though now a most deplorable close prisoner in the common Gaol of the Fleet. 1639.  
MOst Honourable and Noble Lord, The chief cause wherefore God the wise Governor of Heaven and Earth, did appoint Magistrates, was for the good of the sons of men, and that they should do Justice betwixt a man and his neighbour, and that they should hear the grievances of the oppressed, and deliver them from the cruelty of their oppressors.  
That wrong, violence and injustice that I have suffered, would be now too long to relate in particular: but it being so insupportable, made me to publish it abroad unto the view of the world, to the perpetual infamy of my tormentors, the chief of which are the traitorous, bloody, murdering Prelates.  
The story of my former misery and wrongs you may, if you please, read at large in three several Books of mine now in print, and published to the view of England, Scotland, Ireland and Holland. They are called My unjust Censure in the Star-chamber, My Speech at the Pillory, and My mournsull Lamentations. I have not seen them since they were put in print, because the Prelate of Canterbury wrongfully detains well nigh two thousand of them from me: but there are still many thousands of them behind; and I doubt not but some, who pities my afflicted estate, will convey some of them unto your Lordship's hands: In the last of which I have proved, that I am more cruelly dealt with, then bloody Bonner dealt with the poor Saints and Martyrs in Queen mary days, and that I am denied that which in England was never yet denied to any Traitor that ever I read of. And in it I accuse William Laud the Prelate of Canterbury for High Treason; the which I did a year ago before Sir John Banks Knight, and will still venture my life upon the proof thereof, if I may have a Legal proceeding. One ground of my accusation is this; the, Parliament Laws and Statutes of this Land, as the 25 and 37 of Hen. 8. and the first of Edw. 6. and the first and 27 of Elizabeth, doth enact to this effect, That whosoever goes about to set up or challenge any foreign or domestic Ecclesiastical Jurisdiction, but what doth immediately flow and come from the Imperial Crown, is (ipso facto) a Traitor, and aught to die without the benefit of Clergy, as more at large in them you may read. Now the Bishop of Canterbury and the rest of his merciless brethren, about four years ago, in the Censure of that Noble Doctor Bastwick, (now of late much degenerate) there in their open Court at Lambeth, renounced the King and his Authority, and said, They were not beholding to him for their Episcopal Jurisdiction; for they were made Bishops by Jesus Christ, and consecrated by the holy Ghost, and they had their thrones, and were before Christian Kings, and they held the Crowns of Kings upon their heads; and their Maxim was, No Bishop, no King. And if this be not treason, than I think there was never any committed: And this, with much more to this effect, Doctor Bastwick doth declare in his answer to Sir John Banks his Information (as you may read in the tenth and eleventh pages thereof.) And for this (most Noble Lord) was I, against all Law and Justice, laid in irons for a long time together, in a most inhuman manner, and locked up close prisoner for these twelve months together, against all Law, and to the violating of the Subjects Liberty: for by Magna Charta, and other Statutes of this Land, which are still in force, but only the execution of them is thrown in the kennel, neither the Lord Keeper, nor any others ought to commit any of the King's Subjects close prisoners, unless either for Felony or Treason, and only in case of an extraordinary crime; and then they must forthwith bring them to their trial: But by close imprisonment the Law doth not mean that the King's Subjects should be locked up in rooms; much less, that their friends should not be suffered to come to speak with them, and bring them victuals to preserve their lives, as grave Judge Cr●ok, not long since, in his Speech at Westminster-Hall did prove, when he pleaded for the Subjects Liberty. But contrary to the Parliament Laws, yea, and the practice of Heathens and Pagans, I am locks up close all alone, and cannot be suffered to come to a just trial; but am kept up so close, that my friends and acquaintance that bring me relief (I being long since deserted of my Kindred) are not suffered to come at me, but are sent away with that they bring me, with all the abuses, reproaches, and revile that possible may be, by my Keeper. And one that came unto me he hath beaten, and others he hath threatened to kick if they come any more to me; and to others of them he hath most falsely and slinderously reviled me, calling me Rebel and Traitor, telling them that no victuals should come at me: so that I am forced daily, in regard of barbarous cruelty, to cry out aloud at my iron grate, to the prisoners and strangers, to let them know the height of my misery wherein I live: and yet no redress can I have, but daily more and more cruelty is exercised upon me, and many grievous threats from bloody murdering Morry my keeper, who threatens to hamper me, and lock my head and legs together for my complaining: This he did the last Lord's day at night, and also offered to beat me with his keys, in so much, that at ten a clock at night I was forced to cry out to the prisoners of it. And in this most miserable condition do I remain, though I have been dangerously sick almost these eleven months, which many times hath brought me even unto death's door; and in regard of my exceeding extremity of pain in my head, by reason of my long closeness ever since Candlemass Term was twelve months, and my cruel torments besides, I have been constrained (for to get a little ease of my extreme pain, which in sudden fits takes me for two or three hours together) to be tied to a constant course of Physic usually once in fourteen days, and sometimes oftener: And though of late I had a little liberty to walk once a day in the common prison yard; yet I am now deprived of it by the Warden for complaining of my keeper's cruelty, and his shameful abusing me, and my friends which did but come to look upon me; with whom this was my greatest discourse, that I had tied myself by promise, before I could get that little liberty of walking, that I would not talk with any Friends; therefore I desired them not to be offended, for I durst not talk with them: Yet because they came but to see me, I was deprived of it; and also they that looked to me in my sickness and weakness kept from me; so that now in my weakness I have none to look to me. In my Grievous and mournful Complaint already published, I have a little touched the Wardens galled conscience for his cruel oppressions: wherefore he in revenge (it seems) intends to murder me, lest I should by my just complaints make it cost him as dear as the salving up of his wickedness did, when he was last called to an account; for I have heard the prisoners with open mouth proclaim it, that for making his peace, he gave to the Barl of Bohon ten thousand pounds, and to the foreman of the Jury one thousand pounds; for which his conscience being troubled, he revealed it upon his death bed: And also to an Officer five hundred pounds to raze out some things which were upon record: yea, I have heard the poor Prisoners proclaim it aloud, that he cousin's them of above seven hundred pounds a year which belongs to them; and allows them but a small pittance, upon which they are not able to live; and some of them have several times in the open Chapel cried out to the Gentlemen prisoners, that they are ready to starve and perish for want of food; yea, so great hath been the barbarous cruelty of the Warden to the poor, that (if the Prisoners reports may be believed) poor men here have been forced, for want of food, to eat their own dung: And this had been my own condition, in likelihood, had not God raised up some compassionate Friends, that were mere strangers unto me before my sufferings; some of which, through all difficulties and reproaches from my Keeper, have brought me food. And though the poor have not by the Wardens means the tenth part of their due, yet to lessen that small means which the poor hitherto hath had (some of which have nothing else in the world to live upon) he hath of late added unto them so many more, (some of which are men of able estates) which he hath put upon the charity, contrary to their Orders, purposely to starve the poor indeed: yea, he hath by force put upon the charity Henry the Hangman, who is under-Turn-key, and hath forty pound land a year, as he himself confesseth; and whose veils besides, as I have heard the prisoners say, are some times better worth than three shillings a day; and this▪ the warden hath done for him, because he is so officious and ready in beating and abusing the poor distressed prisoners, that cry out of the wardons cruelty; and not only the poor prisoners, but also some of those that come to visit and relievethem, some of which he hath beat, and threatened to kick others.  
I have heard the prisoners affirm that the revenues of the Fleet hath been cast ●p to be above threescore thousand pounds a year; oh therefore the height of cruelty not to be paralleled, I think amongst the savage, and barbarous Heathens and Pagans, and which mightily cries unto your Honer, now in our Sovereign's absence, for the welfare of the City, betimes to be looked unto, and with the assistance of the Noble Lord Protector, to examine out the truth of things, that poor oppressed men may have speedy redress of their wrongs; the greatest part of which, ariseth by reason of the wardens greatness with the Bishop of Canterbury and the Lord Keeper, so that they dare not for fear (as I have heard some of them say) complain of him.  
Besides my Lord it is notoriously known, that John Morry my upper keeper hath been arraigned at Newgate for murdering a prisoner here in former times, and I think here are other fresh things against him, if poor prisoners might be heard and have justice, which would bear another indictment, and at least manifest him to be too too bloody a man to have the keeping of poor innocent men; For some in this prison, as it is here reported have been secretly poisoned and lost their lives upon it, and others with eating garlic, and like antidotes have expelled it, and are yet living here to justify the same; and my dogged under keeper hath been a hangman; whereupon the prisoners at their fall out with him, do say this verse to his face (vix) Morry the Irish pedlar, and Harry the hangman of Cambridge-Shiere, and by these two bloody▪ men, from both of which I have received unsufferable wrongs, my Adversaries intent I shall be killed in a corner.  
Because of my untainted innocency, they dare not bring me to a legal public trial to the view of the Kingdom; wherefore I am forced by reason of intolerable cruelly injustice and wrong, to cry out unto your Honour, as I have often done at my grate, murder, murder, murder; therefore hear O Heavens, and give care O Earth, and all ye that hear or read this my just complaint and lamentation, bear witness to future generations, that I cry out of violence, wrong, injustice, cruelty, and inhumanity, that I suffer from the traitorous Bishop, and the unjust Lord Keeper, old Sir Henry Vain, and their bloody jailors, which do and will execute their commands, be they never so unjust and unlawful. And how that for my zeal and courage for my God and his truth and glory, and for my ardent love to my Prince and Country, and for my strong de●ire and endeavour for the prosperity and flourishing estate of this renowned City, the Metropolis of England, I am like to lose my life and blood by murdering cruelty in close Imprisonment; Therefore, oh all ye brave and worthy Citizens, save, help and rescue me a poor distressed and greatly oppressed young man, from the devouring paws of devouring Lionish men.  
Now my Honourable Lord, I come to make my humble supplication unto yourself, which is this; that you would be pleased to take my most deplorable condition into your grave and serious consideration, and after your consultation about it, with your worshipful brethren the Aldermen of this City, acquaint the honourable Lord protector that noble and courteous Earl of Northumberland, with it (who in part knows it already) but alas alas, I am long since deserted of my kindred and friends, so that I have none that dare follow my business for me; wherefore I am like shortly to perish in my great distress unless your Lordships be pleased in this particular to do something for me.  
I desire from your Honours neither silver nor gold, for alas at present it would do me no pleasure; for had I all treasure in the world to buy me victuals, and want a stomach when I should have them, they would nothing avail me: and yet so lamentable is my condition, by reason of my long closeness and painful sickness; so that all the favour I desire is but the one of these two things. First that îf I be thought to be an offender; that then I may be forthwith brought to a public trial, and suffered with freedom to plead my own just cause again the Bishops, and the Lord Keeper, and old Sir Henry Vaine's illegal and unjust censure of me which was only upon this ground: because I refused to take an illegal and unlawful inquisition oath, which he the Lord Keeper tendered to me; which as I told him to his face in the Star-chamber is against the Statute Laws of this land; yea against the petttion of right, enacted in the 3 year of our Sovereign King Charles; yea I told him and proved it to be against the Laws of God and man, and contrary to the practice of the Heathens and Pagans; (as you may read in the Acts of the Apostles) yet this was the only ground wherefore he and old Sir Henry Vane, etc. censured me to pay 500 pound, and to be whipped; for there was no witness brought against me face to face, only there was read two false oaths made by one Edmond Chillington (now a Lieut. in Col. Whalyes Regiment, and one of the principal men that lately caused the Soldier to be shot to death at Paul's) whom the Bishop hired, by giving him his liberty out of Newgate prison for swearing those two false oaths, and doing them other wicked service of the like nature.  
My Lord for my own part I desire no mercy nor favour nor compassion from the greatest of my enemies, but only the benefit of my Sovereign's Laws, which as I am a faithful and loyal subject to my Prince and Country, I do according to my privilege earnestly crave and beg not fearing by reason of my unspotted Innocency the rigour of Justice; for my innocency is such that I fear neither death nor hell, men nor Devils, hanging nor burning; for I assuredly know that when this my miserable life is ended I shall go to my God of glory to be a posessour of an immortal Crown of glory.  
In the second place, if they will not let me have a speedy and legal trial, than therefore in regard my keepers are such murdering, poisoning and starving fellows, that I have just cause, in regard of their cruel bloody threats and inveterate malice at me, to fear that they will either secretly by poison, or else by other wicked cruelty put me to death. I humbly and earnestly desire, that I may be turned over to Bridwell, Newgate, either of the Countors, or any other prison about this City, where my friends may be suffered to come to me and relieve me, and look to me in my weakness and great distress; for I am necessitated with speed to take physickagain to ease the extremity of pain which I endure in my head; if my Friends according to law and humanity might be suffered to come to look to me. And for my safe imprisonment, if I may be removed I will put in sufficient security either to the L. Protector, or yourself for my forthcoming at all times to answer whatsoever the greatest or capitallest of my enemies shall at any time object against me.  
Now, my Lord, I have a little acquainted you with my grievous and just complaint, the particulars of which I offer to justify and prove, it being such an example of cruelty which is lawlessly and unjustly exercised upon me, which I think cannot be paralleled in any Nation in the world, where morality and humanity are professed.  
Oh therefore, as you are the Noble Governor of this Renowned City, and a Magistrate of good report, make me some powerful and speedy help against the cruel Warden, whose lawless, unjust, and uncontrollable oppressions are so great (not only to me, but also to many other poor prisoners) that I think no Prison in the world is able to parallel those just complaints that poor distressed men are able justly to make against him; the chief of which arise from the Bishop, old Sir Henry Vane, and the Lord Keeper's bearing up the Warden in all his cruelty, for executing with tyranny and rigour their unjust and unlawful Commands upon th●se they commit hither to be tormented in our cruel Fleet Purgatory; which if any of the oppressed do but offer to speak of, the Warden and his Officers do labour by lawless cruelty to murder them.  
Therefore it behoves you, my Lord, and my Lord Protector, now in our Sovereign's absence [being then gone against the Scots] to hear the cries of poor distressed, and too too much oppressed prisoners, and to ease them according to justice and right, of their intolerable burdens.  
For my own part, my distresses and miseries are so great, that I protest before the God of heaven and earth, that I had rather embrace present death, than still endure the piercing bitterness of my oppressing torments: yea, I had rather choose to be banished into the howling and dolesom wilderness, and left among the Lions, Dragons, Bears and Wolves, those devouring and ramping wild beasts, then to be as I am, in the custody of the lawless, murdering Bishop and Jailers.  
O therefore, if there be any bowels of mercy and compassion in you, most Noble Lord, pity the deprorable condition of me a poor distressed innocent young man, and a Apprentice of this Honourable City: And with you, my Lord, I have had occasion to speak face to face about my Master's business; and the last piece of service that I did him was in your Honour's House. O that I were with you again, that I might with mournful solicitations solicit you for some speedy redress; which for our Christ his sake I beseech you let me shortly have, lest the continuance in my present and constant misery, cause me to publish this in print, proclaiming it aloud to other Nations, to the public view of all men, that so they may know my miserable condition. But if I can but have any redress I shall be ready at your Honour's command to do you any service that I am able; and in the interim, I shall with willingness sit down in peace and silence. So committing you and all your brave Citizens to the keeping of the Almighty Protector, desiring him to guide your Noble heart uprgihtly to execute Justice and Judgement in your great place, in these tormenting, oppressing and bloody times; that so your good name for equity and justice may be had in perpetuity in future generations. So for the present I humbly take my leave, and rest,  
Your most miserable distressed, and cruelly oppressed poor Suppliant, JOHN LILBURN.  
All of this I subscribe with my own blood, which is already almost shed with cruelty: And for the safety of my life, since I was whipped, to the number of above 500 stripes with knotten whip-cords in less than an hours space, I have been forced to be let blood four times.  
And because in my most cruel condition I am not suffered to have either pen or ink, neither of which I make use of in the writing of this, I am forced to send it very ruggedly to your Honour, and to crave pardon for those literal faults that you shall find in it.  
JOHN LILBURN. From the Fleet, the oppressingest and cruelest prison (I think) that is in the world; the middle of this fifth Month, called May, 1639.  
Courteous Reader, I shall desire thee to cast thy eye seriously upon this ensuing Letter of mine and my fellow-prisoner, Mr. Richard Overton, which we wrote to the General the 27. of April 1649, in the behalf of Captain Savages Troopers: the Copy of which is as followeth.  
The Copy of a Letter written to the General, from Lieut. Col. Jo. Lilburn and M. Rich. Overton, Arbitrary and Ari-stocratical prisoners in the Tower of London, the 27 of April 1649, in behalf of Mr. Robert Lockier, tyrannycally ordered to be murdered by the Council of War: M. George Ash, M. Joseph Hockley, M. Robert Osburn, Mr. Matth. Heyworth, Mr. Tho. Goodwin, all of Captain Savage his Troop in Col. Whaley's Regiment; who by the said Council were adjudged to cast lots for their lives, and one of them to die.  
In which it is by Law fully proved, that it is both Treason and Murder for any General or Council of War to execute any Soldier in time of Peace, by Marshal Law.  
May it please your Excellency,  
We have not yet forgot your Solemn Engagement of June 5. 1647, whereby the Army's 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 a 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 Judgement 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 or 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 Council 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 Soldiers 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 Commonwealth, as should be agreed unto by their Council of Agitators. And by virtue, and under colour of this Establishment, all the extraordinary Actions by your Excellency, your Officers, and the Army have passed: Your refusal to Disband, disputing 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 declared, etc. which can no way be justified from the guilt of High 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 Soldiery and other Free-People; and principally your cruel exercise of Martial Law, even to the Sentence and execution of Death upon such of your Soldiers as stand for the Rights of that Engagement, etc. And not only so, but against others not of the Army; we cannot but look upon your defection and Apostasy in such deal, as of most dangerous consequence to all the Laws and Freedoms of the People.  
And therefore, although there had never been any such solemn Engagement by the Army, as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation. We do protest against your exercise of Martial Law, against any whomsoever, in time of peace, where all Courts of Justice are open, as the greatest encroachment upon our Laws and Liberties that can be acted against us; And particularly, against the Trial of the Soldiers of C. Savages Troop yesterday, by a Court Marshal, upon the Articles of War, and sentencing of two of them to death's 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 year of the late King, which declareth, That no person ought to be adjudged by Law Martial, except in times of War; And that all Commissions 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 Soldiers 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 itself, neither by Act nor Ordinance, can justly or warrantably destroy the Fundamental Liberties and Principles of the Common Law of England: It being a maxim 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 aught 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 (Soldier or other) that he should be punishable only in the ordinary Courts of Justice, according to the Laws and Statutes of the Realm in the time of Peace, as now it is; and the extraordinary way by Court Marshal, in no wise to be used.  
Yea, the Parliaments Oracle, S. Ed. Cook. Declares in the third part of his Institutes Cap. of Murder, that for a General or other Officers of an Army, in time of Peace to put any man, (although a soldier,) to death, by colour of Martial Law, it is absolute murder in that General, or Council of War 〈◊〉. Therefore erecting of Martial Law now, when all Courts of Justice are open, and stopping the free current of Law, which sufficiently provides for the punishment of Soldiers as well as others, (as appears by 18. H. 6: Ch. 18, 19 & 2, & 3. Ed. 6. Cham 2. 4, & 5. P. & M. Chap. 3. & 5. Eliz. 5. & 5. Jam. 21.) is an absolute destroying of our Fundamental Liberties, and the razing of the Foundation of the Common Law of Eng 〈◊〉 the which o●t of duty and Conscience to the Rights and Freedoms of this Nation 〈◊〉 we value above our lives) and to leave You and all Your Council without all ex 〈◊〉, we are moved to present unto your Excellency; Earnestly pressing, you well to consider what you do, before your proceed to the taking away the lives of thosemen by Martial Law; lest the blood of the Innocent, or the blood of War shed in the time of peace, (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 of old: for innocent blood God will not pardon, Gen. 9 5. 6. 1 Kings 2 v. 4. 5. 28, 29, 30, 31, 32, 33. 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  
Sir, Your Excellencies humble Servants, 

john Lilburn.  
Richard Overton.   From our Causeless, unjust, and Tyrannical Captivity in the Tower of London, April 27. 1649.  
POSTSCRIPT.  
And that for the present General or his Council to put any man to death in time of peace by Martial Law, is not only Murder, but Treason, is undeniably proved in Capt. John Ingrams Plea, and M. William Tompsons' Plea, and M. Joh● Crosmans' Plea; all of which are printed at large in Lieut. Col. John Lilburn's Book, called   
FINIS