A Whip for the present House of Lords, OR The Levellers Leveled. In an Epistle writ to Mr. Frost, Secretary to the Committee of State, that sits at Derby House, in answer to a lying book said to be his called a declaratio, etc. By L.C. Io. Lilburne, Prerogative Prisoner in the Tower of London, Feb. 27. 1647.  
Into which is inserted his speech against the House of Lords Legislative and judicative power, made at the bar of the House of Commons, the 19 of january, 1647. In which is punctually proved, both by reason, and the Parliaments own Declarations, that though the present House of Lords, (de facto) exercise a law making, and a law judging power, yet (de jure) they have no right to either, being mere prerogative Usurpers, and that the House of Lords, exercising their pretended Legislative power, is destructive to the Liberty and Freedoms of England, it alone having been the chief cause of all the late wars and blood shed in England, for which as the Bishops were, they deserve to be pulled up by the Roots. In which is also a lash for L. G. Cromwell and Mr. Masterson, the lying Shepherd of Shoreditch near London.  
Mr. Frost.  
I Took occasion the 14. of this present to write a few lines unto you, which before I can go any further, I am necessitated here to insert.  

Mr. Frost.  
I Have looked upon you formerly as an honest English man (though full of fears, and a spirit possessed with two much compliance with unrighteousness.) But a book coming this day to my hands, called A Declaration of some proceed of Lievt. Col. john Lilburne, published by authority, but yet without an Author's name to own it, (makes me a little in my thoughts to stagger) for upon reading of a few pages of it, in my own thoughts, I judged the book to be of Mr. Nathaniel Fines his penning, or of your own, and as I was musing who should be the Author of it, I had word brought me from Westminster, that positively it was yours. But being desirous, (if possible I can,) to know certainly whether it be yours or no, (before I direct my lines, in answer to it, to you.) For I cannot but acquaint you, that by God's assistance, I do intent to answer it to the purpose, and therefore cannot but entreat you to prevent me from wronging of you, and that if my information do deceive me, I entreat you by this bearer to send me two lines under your hand, that it is not yours, for without such a disavowing, I shall take you (as in it you say the Lords took me, pro confesso) and make in due time further addresses to Mr. Walter Frost, from his friend John Lilburne.   
But Mr. Frost, having not to this hour received one word of answer, or one line from you, either to own or disavow the foresaid malicious, fallacious, and lying book, I do therefore in good earnest take it to be yours (though in the first reading of the 10. pag, one would take it to be compiled by the House of Lords themselves) and accordingly shall direct my present lines to you as the Author of it▪ though it may be supposed, you had more fingers in it then your own.  
And at present, I shall only principally meddle with that part of it that concerns the House of Lords, but of neccessitie, I must sum up the substance of your discourse that antesedes that, and if I mistake you not, the drift of your pen is to varnish over the reputation of the present swaying tyrants, the Grandees in the Army, and their confederates in the two Houses, and to bespatter and level with the ground upon which they tread, all those that they or you conceive may stand in their way, in keeping them from attaining to the full possession of their ultimate or final desires, viz. to set up themselves in the full throne of the exercising of an unlimited, unquestionable, arbitrary, and tyrannical power and domination over the lives, liberties, and proprieties of the free men of England: Which I will maintain it, they have already, de facto, leveled with the corrupt rule of their own factious, and arbitrary wills, and have already s●● ordered the business; that no man in England can justly or rationally say, that his life liberty, or estate that he possesseth is his own, or that it is possible to enjoy it any longer, then during their tyrannical wills and pleasures, which already is become the sole and only present safe rule to walk by in England.  
You spend your 1, 2, and 3. pages, with laying a good round load upon the King, and the mischievousness of his evil government.  
And then in the last end of your third pag, and in your 4, 5, 6. pages you insinuate, that there are a generation of men, under specious pretences, that have not been professedly of the King's party that yet drive on his designs. And in the beginning of your 5. pag. you intimate, that the Levellers perfectly play the King's game. And truly I must tell you, I do absolutely believe you, and tell you, that you and your tyrannical Lords, and masters, Cromwell and Jreton, and the rest of their confederate, Grandees of the Army, and in both Houses (the names of the principallest of which you m●y read in the 57, 67. pages of my late book, called the people's prerogative, and privileges vindicated, etc.) are the true and perfect Levellers that are in being in the Land of England, having already filled up all the ditches, and pulled down all the hedges that should be as afence to preserve our lives, liberties, and proprieties, and have already de facto, leveled them, and all our just laws to their tyrannical wills, which I have punctually and particularly pr●●●d 〈◊〉 my 〈…〉 book, as you may read in the last pag. of the proem: and in the 40. 41. pages of the book itself, to the last end, but read especially the last half sheet, and argumental answer it, which I challenge from you, or any other of the Grandees pensioners.  
But in the third place, in the conclusion of your 5. pag. you declare, who the Levellers are, viz. the promoters of the dividing destructive Agreement of the people.  
Truly Sir, I now know who you mean by the Levellers, and that is a company of honest men, that both in the Bishop's time laboured against, and opposed tyranny in all they meet with it in, to the apparent hazard of their lives, and at the beginning of this Parliament and ever since, hath done the very self same thing, and I will maintain it by particulars upon my life, have been to the utmost of their powers, constantly and continually, (ye in the Parliaments greatest strait,) the truest friends to the universal, common and true interest of England, and the just interest of Parliament, that the kingdom of England hath afforded, and never changed their principles to this day, and have been the truest and constantest asserters of liberty and propriety (which are quite opposite to community and Levelling) that have been in the whole land besides. And I challenge you (in their behalf) and all your copartners in England, to instance, or lay unto their charge) any the least particulars acted, writ, said, or done by the body of them, or those that you count the ring leaders of them, that in the eyes of any rational men in the world, doth in the least tend to the destruction of liberty and propriety, or to the setting up of Levelling by universal Community, or any thing really and truly like it.  
A lass poor men, their great and real crime is this: and nothing else, that they will not be ride and enslaved by your masters, Cromwell and Ireton, and their confederates in the Houses, viz. Earl of Northumber and Earl of Solisbury, Lord Say Lord Wharton, Mr. Lenthall Speaker, the two Sir Henry Veins, Sir Arthor Hasterige, Sir john Eveling junior, Mr. Recrepoint, Col Natth. Eines, covetous and ambitious Solicitor S. john, Commissary Gen. Staines, Scout Master General Watson & Col. Rich, the greatest part of which, put altogether, hath not so much true valour in them, as will half fill a Sempster's Thimble, nor so much honesty as will ever make them fit for any thing but Tyrants. And indeed and good earnest, Mr. Frost, if divers of the forementioned honest men, which you call Levellers, would have been soft wax, weather cocks, Creatures, every thing and nothing, but to serve great men's ends: I am very confident of it, they should not have had your pen so deeply dipped in gall and vinegar against them, as in that most desperate, malicious, lying book it is, (but in doing what there you do, you do really without a mask or vizard, show yourself what you are, viz. a Secretary more fit for the Great Turk, then for a Committee of that Parliament, that in the years, 1640. and 1641. did so many just, gallant, and excellent things,) nor have incurred so much bloody hatred, and destroying indignation from your last forementioned Grandees, Lords, and Masters, as they have done, but I am confident of it, some of them might easily at this day have been in as great repute, esteemation, and place, as yourself, having as much brains and parts, (and a little more resolution) as yourself.  
But hinc ille lacrimae, heers their sorrow, heers their treason, been their rebellion, faction, sedition, stirring up, and dividing the people, and here is their Annarchicall Levelling, (as you call it) that they will endure tyranny, oppression and injustice no more in apostatised Cromwell and Ireton, and their forementioned confederates, then in Mr. Hollis, Sir Pillip Stapleton, etc. nor then in the Earl of Ess●x, Earl of Manchester, etc. nor in the King and his Cavieleers, nor in the Council Board, Star Chamber, High Commission, etc. but desire that all alike may be Leveled to, and bound by the Law: and so fare I ingeniously confess I am with them a Leveller, and this Mr. Frost without any vernishing or colution, is their only and alone crime in the bloodshot eyes of you and your new Lords and Masters.  
And besides, if in the phrases of men I may speak to you, the forementioned honest men, and their principles, have been the Creators to set up Cromwell, his preservers to support him in his straits, which have not been a few, his Sanctifiers, by their praises and fightings, to sanctify him, and to make him amiable and lovely in the people's eyes, his Redeemers, to redeem him from destruction, by Hollis and Stapleton, etc. even at that time, when I am confident he gave himself up in a manner, for a lost and undone man, and to requite them for all their faithfulness to him, and hazards for him, he hath visibly and apparently made it his study and work, to crush and dash them to pieces like a cuber of Glasses, with such violence as though he designed and intended they should never be goude or sodered together any more: O monstrous, unnatural, ignoble and horrible ingratitude, and yet even this in its height, hath been acted and done by him unto them, as is undeniably demonstrated, in that notable book called Putney projects; and an other book called the Grand design, and a book in answer to his lying champion Mr. Masterson, called A lash for a Lyar. And therefore from all that hath been said, I again christian your forementioned tribe, the true and real Levellers, and those that you nick name Levellers, the supporters and defenders of liberty and propriety, or Anti Grandees, Anti Jmposters, Anti-Monopollsts, Anti-Apostates, Anti-Arbitrarians, and Anti-Levellers.  
And further in your six pag. you say, that the foresaid (honest) men are grown to that height, both by making combinations, printing and dispersing all manner of false and scandalous Pamphlets, and papers against the Parliament, to deb●uch the rest of the people, gathering moneys, and making treasures and representers of themselves, that the Parliament can no longer suffer them in these seditious ways without deserting their trust in preserving the peace of the Kingdom, and the freedom and propriety of peaceable men. For printing and dispersing all manner of false and scandalous Pamphlets, I retort that upon you, and the rest of the mercianary pensioners of your Grandees; lying Dia●nolls and Pamphlets being one of the chief means to support their rotten reputation, and new attained unto sovereignty, but I am sure you and they, have almost locked up the presses as close as the Great Turk● in Turkey doth, Tyrants very well knowing, nothing is so likely to destroy their tyranny, & procure liberty to the people, as knowledge is, which they very well know is procured by printing, and dispersing rational discourses. But your Grandees have been very gross in their setting up their new tyranny, for at their first rising at one blow, and with one ordinance, they lock up the press clooser than ever the Bishops did in all their tyranny or then Mr. halis and his faction (againws whom for tyranny and injustice (your Grandees in their declaration) so much crid out upon) did al● those years they bore the sway.  
And I am sure it was the maxim of the chief of your Grandees, the beginning of this Parliament, that always in time of Parliament, [it being a time of liberty and freedom] the printing press should be open and free, and I am sure this was their answer to the Bishops the beginning of this Parliament, when they solicited the House of Commons to stop the presses; and for my particular I shall give you my consent to an Ordnance or law, to make it death for any to print or publish any book unless the author, to the printer or bookseller, enter into some engagement, to maintain with his life the truth of his book provided the Presses may be free for all that will so do.  
And as for gathering money to promote popular Petitions, and all the rest of your charges upon them they may easily justify them out of the Parliaments own premitive declarations: and for a little taste of the proof of it, I desire you to read the first part book of Decl. pag. 44, 95, 150. 201. 202. 207, 209. 382. 4●2. 5●9, 532, 533. 548. 557. 637, 690. 720. And for the Parliaments lenity or gentleness which you talk of, I for my part crave none at their hands, but for any thing that any particular man, or any faction of men amongst them hath to say to me, the same defiance I bid to Leut. Gen. Cromwell in the 57, 58 pages of my last published book, I bid to them.  
And as for their disserting their trust, if they do not punish us, I answer, the generality of them hath doth it so often, that they have now forgot to be sensible of the dishonour of doing it again, and I do not think that ever any generation of men breathed in the world, that ever disserted their trust more than they have done, or else they would never have given so many 10000 l. amongst themselves.  
But in the sam● sixth pag. you go on and name me to be the chief of all those men, that have under specious pretences served the King's ends and designs. And in the 7. pag. you carrectarise me to be a man known to the world, by those Heaps of Scandalous books and papers that I have either written or owned against the House of Peers, and ●uch as have done him greatest courtesies, filled with fashood, bitterness, and ingratitude, whereby he hath distinguished himself (say you) from a man walking after the rules of sobriety, and the just department of a Christian, and also in the same 7. pag. to make me as odious for an Apostate, as your grand master Lievt. Gen. Cromwell too justly deserves to be: you brand me to be a Cavialeer, for you say that some that know me have well observed, that I brought not the same affections from Oxford, that I was carried thither prisoner withal.  
To the last of which I answer first, and challenge thee Frost, and all thy associates in England, grounddedly & particularly to instance the least particular, for this 11. years together, when I have in the least apostatised from my declared principles, though I have had as many thundering shake, piercing trials, as I do confidently believe would have shaken the very foundation, of the tallest & stoutest cedars among your grandees, & I am confident in Oxford, I behaved myself with more resolution in my imprisonment there, than all the Gentlemen prisoners, that there were officers did, and run more hazards, and underwent more tormenting cruelties, than any of them, and maintained openly and publicly more discourses with the King's party, to justify the Parliaments authority, and the justice of their proceed, insomuch that it was grown to common saying, with the Mashal and his officers, when they had got a fat and timorous Prisoner, of whom they intended to make a prey of, keep him out of the Castle from Lilburne, for if he come to discourse with him, he will seduce him from all his allegience, from taking the King's Covenant, or forsaking the Parliaments principles, and when the King by four Lords complemented with me, and proffered me no small things, I deliberately and resolvedly, bid them ●ell the King from me, I scorned his pardon, and maintained the Parliaments proceed with them, by dint of argument, and reason for above an hour together, and told them I would part with my heart blood, before I would resede from my present engagement or principals, and when I was arraigned for high treason therefore, I told the judge in the open Guildhall at Oxford when he pressed me to save myself: that I was seduced by no flesh alive to take up arms against the King, and his party to defend my liberties, and that ● girded my sword to my thigh in judgement and conscience to fight for my liberties, with a resolution to spend the last drop of the blood in my veins therefore; and pressed the judge to go o● with his tyall, telling him a scorned to beg or crave longer time at his hand, protesting unto him, ●hat I was as ready and willing that day to lose my life by a halter, as ever I was by a sword or a bullet ●elling I feared not death in the least, having by the assistance of God for above seven years before, always ●arried my life in my hand, ready every moment to lay it down, and besides my purse and pains to relieve and help the poor sick starving prisoners, was as free and as ready as any man's in the House, and 〈◊〉 do verily believe in the two last particulars, I was as serviceable to the Prisoners as the richest in ●he house; and some of them had about 1000 l. land per annum, and I had never a farthing per annum; nay I defy a or any of the Prisoners that ever were there face to face, to lay to my charge the least ●emonstration of fraging or denying my principles, from the first day of my going in to the last hour of ●●y staying there.  
And I am sure when I come home, I was not a little praised, and made much of by those that are ●ow my professed adversaries, and proffered the choice of divers places, all of which I absolutely re●ised, and expressly told my wife, when I was pressed by her to stay at home, that I sconrd to be so base, ●s to fit down in a whole skin, to make myself rich, while the liberties and freedoms of the Kingdom was in danger by the sword to be destroyed, and rather than I would take a place at present of 100L. l. per annum, to lay down my sword; I would fight for a groat a day; and my zeal carried me to Manchester, and Cromwell (after upon my enlargement, I had several ways, been more really obliged ●y the Earl of Essex, then ever I was before or since, by all the great men of England, put them all in ●ne) choosing them merely for their honesty, I then judged then to be in them; and there I fought ●nd behaved myself in all my engagements like a man of resolutions till I had spent some hundreds ●f pounds of my own money, and lost all my principles of fight, by reason of Manchesters' vis●ble & palpable treachery, which went unpunished after he had apparently bought, Sold, & betrayed us all to the King, being impeached as a Traitor therefore by Cromwell himself, and for prosecuting of him. etc. ●or his treasons, all my present miseries and sufferings are come upon me, and your Idol Cromwell who set ●e a work is now joined hand in hand with him, like a base unworthy fellow to destroy me therefore, and because I will not turn a weathercock, an Apostate, and an enemy to the liberties of England, as ●e hath done.  
But it is very strange that you in your book should Carracterise me for a Cavilere, when but the other day the Grandees (that I believe now set you at work) at the head quarter's endeavoured to destroy me for secretly designing, basely and unworthily (as they said) to have murdered the King, and upon that very pretence, got him into their Moustrap in the Jsle of weight, but Cromwell's baseness with Paul Hobson's and their third confederate about that very particular, I shall have a fit opportunity in the second part hereof to ●●otamise, and thus when one thing will not serve your and their turn to murder me, by robbing me of my reputation (after your Grandees have cast me into prison, of purpose to starve me, for they keep above 2000 l. of my own from me, and allow me nothing to live upon but the stone walls) you and the rest of the Grandees, many hundred mercionary, pentionary En●s●ries ●n City and Country, take up any thing that you think will undo me, and with your and their notorious lies and falsehoods labour nothing more than to rob me of my reputation and credit, knowing right well, that if you could do that, I must of necessity peris●● and therefore you and they make it your work with your groundless reproaches, to bespatter me, and make me as black as a chimney sweeper, and render we as a man not fit to live in civil or moral society, and yet to my face dare not bid the trial of particulars, but eat and abher all such honest and just dealing as that, though to Cromwell etc. I have often proffered to come face to face, to the Test of all differences betwixt us, yea to make his General Umpire betwixt us, as you may read in my printed epistles to him, etc. which he never durst embrace, but avoid and shun, yea if you please to speak with Mr. Hugh Peter, he will tell you that the last week again and again, I made the same proffers in effect to him, and wished him to tell both the General, Cromwell and Ireton of it, and I say their long and continual refusing, fairly face to face, to have the differences betwixt us debated, before friends or enemies, is a clear demonstration, that they have guilty consciences within them, and that nothing will satisfy their tyrannical malice, but my dearest blood, and the total distraction of my wife and little Children, for upon Cromwell and Ireton principally, I lay all my present sorrows, miseries, and cruel sufferings, out of which I had long since been delivered had it not been for them.  
But Mr. Frost, I would feign know of you, wherein the Parliament hath been mindful (as you in your 7. pag. say they have been) of my sufferings and services, any otherwise then to require me evil for good, and to seek my destruction by making orders to arraign me, and tossing and tumbling me from one Gaol to another, to starve and murder me. And for those several sums of money (you say) they have given me, truly I do not remember them, and would have you to name them if you can. And as for the report from the Committee of accounts, that you hit me in the teeth with, I refer you to my answer to it at large, in the last end of my book called, the Resolved man's resolution, pag. 31, 32, 33, 34, 35, 36 And so I come to your main charge laid upon me, which as I find it in your 8, 9, 10, 11. pages amounts to thus much, that my contemptuous carriage and language, to the dignit●e and authority of the House of Lords, with so little loss (or punishment) unto myself, was a main encouragement to that general assault and force upon both Houses, upon the 26. of july last, by that rabble of Reformadoes, and of the Aprentices, set on and encouraged, by the known malignant then ruling party of the City. This carriage of his (say you) might seem sufficient to discover the man, and being known might warn every well tempored and peaceable disposition, to take heed of engaging in any design, that may be the conception of such a spirit, the birth whereof can portend nothing but distraction and confusion.  
I thank you kindly Mr. Frost; for your badge, but I doubt not but in handling of this particular, I shall cudgel your coat sound: and not yours alone, but also the House of Lords, and make it as evident, as the Sun when it shines, that reason, law, truth, and justice, is clearly on my side, and all and every of these against the Lords, in the present contest betwixt us, and if so, then by the truth of your last fore recited calumniations, I desire all rational Englishmen may judge of the truth of all the rest.  
And therefore Sir, if you please to read my book, called the Free man's freedom vindicated, you shall there find a true relation under my own hand, of the ground and reason of my contest with the Lords, and that in my first appearing before them, I gave them more honour and respect then by law was their due, in that I obeyed their warrant, and appeared at their bar, which was more than by law I was bound to do, and at my first appearing before them, I put of my hat to them, and demeaned myself with all respect before them, and modestly and smoothly delivered in my plea against their jurisdiction over me, and appealed therein to the House of Commons for protection, against their usurpations, for which they committed me, upon which commitment, I sent my for●● all appeal to the House of Commons, whereupon the Lords sent for me again, and I refused to go, and forced the Keepers of Newgate to break my wall upon me, (which they easily did, because I wanted weapons to hinder them) and by force and violence to compel me to go, and when I came before the Lords, I put of my hat, but did refuse to kneel (and would sooner be hanged then to have done it, neither was I bound thereunto in the least by law) for which they committed me close prisoner to Newgate, without access of friends, wife or children, or the use of pen and ink, and about three weeks after, sent a warrant to the Sheriff of London, with a guard to force me up the third time, and when I came there, I made them force me into the house, and its true, I then marched in with my hat on, in contempt and disdain of their usurpations, when I see no reason would satisfy them & I did again refuse to kneel, & stopped my ears, and refused to hear their scrolls or papers read to me, and in this I did not in the least misbehave myself, neither did my carriage cast any legal contempt upon them, for it was their own did it, in that they meddled with that they have no jurisdiction of, and therefore my carriage was abundantly more justifiable than theirs, in that I played the part of a faithful Englishman, in maintaining and justifying my liberties and freedoms, and sticking close to the law of the land, and they the parts of usurping tyrants, and destroyers of law and liberty.  
For though by law I grant the House of Lords to be a Court of justice, and to have cognizance o●●er delays of justice yet in my case (as I said in my grand plea before Mr Maynard of the House of Commons, page 13. so I say still) their Court was no Court to me, having not the least jurisdiction in ●he world by law of the cause, and therefore my affronting, contemning, abusive carriage towards them 〈◊〉 as you are pleased to call it) was no violation of the Law, and therefore not punishable, in regard they ●e●led with that they had no power by law to meddle with, for if a Court of Session's questions me for my freehold, and I refuse to answer them, and give them contemptious words for meddling with that, which ●y law they have no jurisdiction of, they may by law, bind me to my good behaviour, but cannot fin● or ●●pr●son me, much less disfranchise me of all the privileges of an Englishman, as the Lords have most ●●●e●ally done to me, (as appears by their sentence printed in that notable book called Vo● pl●bis) the ●●me holds good in the Court of common Pleas, who if they go about to hold Plea of murder before ●hem, if the party refuse to answer, it is no contempt of the Court, because by Law they have no jurisdiction ●ver such cases; and pertinent to this purpose is Baggs case in the 11. part Cooks reports, who being ●●mmoned before the Mayor of Plymouth, in open Court called him cozening knave, and said unto him come ●●sse my arse etc. for which the Mayor disfranchised him, and it was by law resolved that the disfranchisement was illegal, because it was not according to law, for the Mayor in law had no power to ●o it, and at most could have only bound him to his good behaviour, the same holds good with the ●ords in reference to me, 〈◊〉 that they have no jurisdiction over me in the case in controversy (nor over ●ny Commoner of England in criminal cases) I have undeniably proved in my Plea, before Mr. Mar●n of the house of Commons) of the 6. of November 1646. now in print, and called an Anatomy of ●he Lords Tyranny, and in my Grand Plea, before Mr. Maynard of the 20. October 1647. And in ●y wifs large petition delivered to the House of Commons the 23. Sept. 1646. and printed in the ●● 72 73. 74. 75. 76. 77. pages of Regal Tyranny, and the 65. 66. etc. pages of my own book called london's liberty in Chains and in the 20. 21. etc. pages of my book called the Outcry of oppressed commons', but a colourable Answer to the Arguments therein contained I could, yet never see, ●●ough I have extraordinarily longed to see what rationally and legally could be said in Answer 〈◊〉 them.  
●nd that I have never declined a fair ishew of my controversy with Lords the, before my competent ●udges, the house of Commons that I have appealled to, clearly appears b● my constant uninterupted solicitations of them, to hear it, & finally adjudge it, and this also fully appears, by my Additional plea, ●nt to Mr. Maynard the 38. Octo. 1647. and printed at the last end of the second edition of my grand ●lea where I wholly put myself upon the final judgement of the house of Commons, though sufficiently corrupted,  
But that I may fully make it evident to all the world, that I have offered the Lords all the fair play ●n the earth, to come to a final issue with them; I shall here insert my proposition of the 2, October ●647. the original Copy of which I sent to the House of Commons which was there read and debated, and after that I printed and published some thousands of them in single papers, and after that reprinted it in the 16. page of the second impression of my Grand plea, and now of late have reprinted 〈◊〉 the third time, in the 70. page of my last book called The people's prerogative or privileges asserted etc. ●hich thus followeth verbatim  

The Proposition of Lieu. Col. john Lilburne Prerogative Prisoner ●n the Tower of London, made unto the Lords and Commons assembled at Westminster, and to the whole Kingdom of England October 2. 1647.  
I Grant the House of Lords, according to the stattute of the 14. of Ed. 3. chap. 5, 
Which statute verbatim you may read ●n the 9 page of my last forementioned book withal the rest of the princpalest statutes made for the People's liberty since Magna Charta.  to have in law a jurisdiction for redressing of grievances, either upon illegal delays or illegal judgements given in any of the Courts at Westminster Hall, provided they have the King's particular Commission therefore, and all other the legal punctilloes contained in that Statute, which jurisdiction, and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap. 8. and 31. Eliz. chap. 1.  
But I positively deny, that the House of Lords, by the known and declared Law of England, have any original jurisdiction over any Commoner of England whatsoever, either for life, limb, liberty or estate; which is the only and alone thing in controversy betwixt them and me. And this position I will in a public assembly, or before both Houses in Law debate with any 40. Lawyers in England, that are practisers of the Law, and I will be content the LORDS shall choose them every man, and if after I have said for myself what I can, that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England, give it under their hands against me, 〈◊〉 will give over my present contest with the Lords, and surrender myself up to the punishment and sentence of the present Lords and Commons.  
Provided at this debate, I may have six or ten of my own friends present, to take in writing all that passeth thereupon.  
Witness my hand and Seal, in the presence of divers witnesses in the Tower of London, this 2. of October, 1647. John Lilburne.   
Now I oppeale to all the rational men in England, whether any man under heaven can offer the Lords farer then here I have done, to which I now again, to you declare, that I am willing to stand to, yea and now again dare them to enter the lift of the dispute upon that very proposition.  
But seeing just in the very nick of time, as I was writing these lines, there is brought in unto me a brandished weapon of another petty fogging Champion of the Lords, viz William Prinn, who stile● his book the Levellers Leveled to the very ground, who pretends to be a Champion for the House of Lords, but hath not so much parts, abilities, courage and mettle in him, as to dare to meddle with either of the main things in controversy betwixt the Lords, and those in his 2. pag. he styles Lilburnist● and Leyellers.  
And that is first, their right to their Legislative or law making power.  
Secondly, Their right by Law to their judicative power over Commoners in crimimall causes.  
But he only answers a mere fallacy, which is none of my tenant (nor desire) to have the Lords (〈◊〉 Lords) to come and sit with the House of Commons, and vote as one House, the endeavouring of which 〈◊〉 more abhor, then to have them sit as they are; but this I acknowledge, that if they will put themselves upon the affections of the people, to be chosen for Knights of the shire, etc. [And if they be legally chosen) I think than they will have as good a right to sit and vote in the House of Common● as any that sits there, and if they would do this, I should never be angry at the continuance of their titles of honour to their posterity for ever, and to their enjoying their large estates as their real proprieties, and not in the least to be taken from them, but by their own free consent, either general or particular, provided they be subject to the law as other men are, in paying their debts, etc.  
But seeing the man would feign be doing the Lords some service, or else he would never have framed a fixion of his own brain, and then go fight with it, just li●● a Coward that in the dark draws his sword against and upon a gates post, and falls a beating and sl●shing it, and then raiseth up his courage to a great height, as though it were some body indeed, because it stands still and doth not (not b● is sure will not) fall again upon him.  
And truly he that contests without a real adversary to encounter him may easily be a Conqueror, and yet as attant an Ignoram i● and Coward as any is in the world, and therefore Mr. Frost, that you and Mr. Prinn may have something (of new) in reality to lay your heads together, to study how to ●udge●, that so your mettle may battled indeed, I shall there insert for your special perusal, what I delivered in my speech at the House of Commons bar (as I have already penned it) upon the 19 january, 1647. against the House Lords but in regard it was spoken about the middle of my second speech that day, I shall make a little introduction to it thus, that upon the 18. of january, 1647. I had information, that one Mr. Masterson the Priest of Shareditch, had accused me, and Mr. john Wildman (who hath already published his defence, and called it Truth's triumph, or Treachery anatomised) to the Parliament of plotting dangerous things against them: of which being in London informed, I went immediately to Westminster, and freely promised the Sergeant at Arms, without any warrant being served upon me, the next morning to be at the House of Commons door, and accordingly the next morning preparing for the journey I arrived with other of my friends at Westminster, and being not long at the House door (Where was many of my friends come down from London and Southwark, to bear and see how things went) I addressed myself to the Sergeant of the House, to let him know I was there to tend upon the houses pleasure, and he immediately came out with his Mace, and called for Mr. Masterson, the lying, malicious Judas Priest, and myself, so in we went: and also the Lieutenant of the Tower as my Guardian, and having given them that due respect that I conceived is due unto their just and true authority, (though I own little or none unto the persons that sat th●●e, by reason of their abusing and most abominable m●sexecuting of their righteous authority) the things that passed, so near as my memory to the utmost punctillo will serve me, I shall faithfully relate unto you, (rather adding then detracting.) Upon our coming to the bar, where both my lying and false accuser and myself stood; the Speaker stepped up in his Chair, and commanded Mr. Masterson in the name of the House of Commons, to give them again, a narrative of what he yesterday he declared to them.  
So he very formerly begun, and spoke as freely as if he had learned his lesson without book, and truly I could not but stand amazed at the man's impudence, that he durst with so much confidence tell and belcsh out so many lies as he did, but giving not much regard to his accusation, to treasure it up in my memory; being resolved before hand to take no cognizance of his verbal impeachment; which in law was nothing, I fixed my mind very seriously upon the Lord jehovah, and was a wrestling with him for the incomes of his own self, that so I might speak freely and boldly in his might and power, (if it were possible) to the amazement and terror of his enemies amongst those that should hear me, divers of whom I was confident would lay in wait to catch and entrap me.  
And now and then (the House (in my apprehension) being very full) I cast my eye about me, to look upon the countenances of the Members, and to observe their behavours, most commonly fixing my eye steadfastly upon the Speaker in the Chair: who as soon as he perceived Mr. Masterson had done, beckoned his hand unto me, as I conceived, to have me answer the Priest, but I stood still and took no notice of his beck, at last he wished me to say what I could for myself unto it, whereupon pausing a little after a Congee made unto him, I opened my mouth to this effect.  
Mr. Speaker, I desire in the fi●st place to premise this; That I look upon and own this honourable House in its constitution and power, as the best, legallest, and justest interest and authority that it established in this Kingdom: or that all the Commons of England visibly hath for the preservation of their Lives, Liberties and Estates: And I doubt not but so to speak unto you this present day, as clearly to demonstrate to you, that I am an honourer, an owner and a priser of this greatest english authority and interest, in which as a free Commoner of England I have a little share. And therefore if this honourable house please to afford me Paul's privilege which he enjoyed amongst the Heathen and Pagan Roman Governors or Magistrates, which was, to hear him speak freely for himself before they would condemn him, which liberty and privilege I freely and largely enjoyed at the hands of the Cavialeer judges at Oxford, when I was arraigned m●i●ons before the Lord chief justice Heath, and Sir Thomas Gardner late Recorder of London, for drawing my sword, and a your command adventuring my life, for the great interest of the Kingdom involved and singly represented in this honourable house, in the destruction of which it perisheth, who before all th● City and Country then assembled at Guild Hall in Oxford, gave me free liberty without the least interruption, ●o say what I pleased, and to plead for my life in the best manner that all th●se abilities God had given me would enable me to do.  
And if you please to grant me 〈◊〉 privilege which is my natural right, I shall speak freely, with this protestation and S●vo●, that I do not speak nor answer out of any duty or tye that lies upon m● by law, for all charges in law ought to be in writing under the hand, or hands of him or them that chargeth; And in that form that the Law requires, and proceeded in according to the form of the Law of the land, expressed in the 29. chap. of the Great Charter, and those laws which expound it, which are mentioned and nominated in the Pet●ion of Right 
* Which you may may at large read in my Plea before M Corbet, etc. recorded in the 8 9 10. pages of my book, called the resolved man's resolution, and in Mr. John W●ldmans late defence called tou●hs triumph. , which this pretended verbal charge is not in the least. And indeed Mr. Speaker, in law it is no charge at all, neither in the way this informer is in, can I well have any remedy against him in case he abuse me, for as I understand, if he tell twenty lies against me, I cannot punish him, but if he maliciously swear one against me, I have his ears at my mercy, etc. 
* See Sir Edward Cooks 3. part instituts fol.   
And a betrayer of my liberties I should be, if I should look upon it as any charge at all. And in that consideration return an answer to it, and therefore again saving unto me the rights and privileges, 
☞  of an English man, which is to be tried by no other rules or methods, for any real or pretended crime whatsoever, than what is expressly declared by the known, established, and declared laws of England, nor by, nor before any other authority or magestracy, than what the Law hath authorised to be the executors of it 
† Which I am sure the House of Commons are not in the least, their proper work being to repeal and make Laws, and to leave the execution of them to the judges and justices of peace, etc. see the people's prerogative, p 40, 41, 72, 7. & M. ●eldmans truths triumph p 17, 18, 19 , I say saving as before I have expressed.  
I shall out of that ingenuity of spirit, and candidness and integrity of heart that dwells within me, and out of that high and honourable respect I bear to the interest and just authority of this House, give you if you please, a free, voluntary, full and perfect relation of all the most materialest actions passages and speeches, that have passed from me, about this Petition, since it was first begun, to our conclusion of our late meeting at W●●p●●.  
And I shall the rather at present ●●y aside the punctillo●s of my liberty, which is nor to answer to any interrogatries, or confess any thing against myself, till it be legally and punctually proved; because I have longed for such an oportuity as this, and my silence at this time might in the prejudised opinions of some among you, (against me) argue in their spirits, my guiltiness of all their lies▪ laid unto my charge; and thereby m●ght in their own hearts, take me pro confesso; and conclude me guilty from my silence, but without a grant of free liberty, from this house to speak my mind freely without any interruption, I shall not say one word more, but remain in perfect silence, so the Speaker commanded us to withdraw, which we did.  
And about a quarter of an hour's time after the Sergeant at Arms came with his Mace, and ushered us in again, and having placed ourselves at the Bar, Mr Speaker having a paper in his hand looked upon it, and said to this effect, Mr. Masterson the House conceives that you have nothing high given them so full a relation, of this business to day, to Mr. lilburn's face, as you did yesterday; when you were single 
† And I am sure this relation that he hath ●ven in under his hand to the Committee ●f Derby house, and printed by him in is answer to Mr. Wildmans' book, and reprinted in Mr. Frosts for mentioned book, 〈◊〉 not one half of what he said at the Ho●se of Commons b●r, and yet their are ●es enough for all that, as appears by an answer to it, called a lash for a Lyar.  therefore I am commanded to ask you what you say to such and such a thing, and mentioned as I remember about 6. or 7. particulars, the substance of all his accusation, so ne'er as that little heed that I gave unto it, would enable me to Collect was to this effect.  
That there was a design (especially by me declared at the foresaid meeting) contrived by me, etc. to destroy or cut of both houses of Parliament, and that we could not be far form the intention of executing of it, in regard I had appointed blue ribbons to be worn in the hats of all those that should be saved alive; and that though we did now draw a Petition to the House, yet it was no more but a Cloak, or Colour to raise the people by, that so we might the more covertly make ourselves strong enough ●o destroy them,  
But after he had done, the Speaker told me the house had given me free liberty to say what I pleased, at which I made a Congee, and mightily raised up my heart to God, with an earnest inward Cry up ●o Heaven now to come in (if ever) with power, strength, wisdom, resolution and utterance accord●●● to his wont goodness, and praised be his name he heard my inward sight and eyes unto him, and ●ut as it were a new heart and burning fire into all the blood in my veins, & raised up my spirit high beyond its ordinary temper, and with a little pause I begun and said after this manner with a soft ●oyce.  
Mr. Speaker I take it for no small honour, to be admitted this day, to this great (though just) privilege, to have free liberty to speak my mind freely and boldly, without interruption, and having again premised what is before premised, and protested again what is before protested, with a loud and mighty voice (though with an easy and senceable command over myself) I went punctual on (with ●ut the least interruption) and extempore said.  
Mr. Speaker, I do here freely and voluntarily confess it that I had a band or a finger in drawing the 〈◊〉 Petition, with ●arge marginal notes fixed to it, and that I also had a hand in putting it to the ●rinting gross, and paying for it, and went on, giving the House the grounds and reasons of my so do●ng, acquainting them with all the pains I had taken to promote that gallant Petition in City and Country, telling them that I durst at their bar with confidence aver it, that there is never a man in England, that dare or can justly speak against the body, or scope of that just, necessary, and righteous Petition, unless it be those that have guilty consciences within them, or those that are of, and allied unto, some of those corrupt interests that are there struck at.  
I also acquainted them truly with the real causes of our late meeting at Wapping, that Masterson ●omplained of: and after I had given them the substance of the beginning of our discourse there, I acquainted them, that it was objected by some in the Company, that the people all over the Kingdom, ●ere generally very ignorant and malignant, and hated the Parliament (and us, whom they called Round ●eads, Independents, etc. for our Cordial adhering to them) under whom they groaned under greater oppressions and burdens then before the Parliament. And for all their expenses and fightings, were never 〈◊〉 whit the fre●r, either at present or in future grounded hopes, and therefore for us, (that were for the foresaid reasons so hateful to the generollity of the people) to act in this Petition, they would but con●emn it for our sakes, and be provoked to rise up against us.  
Unto which Mr. Speaker, myself, etc. answered to this effect, the people are generally malignant, and more for the King then for the Parliament, but what's the reason? but because their burdens are greater now than before, and are likely to continue without any redress, or any visible, valuable consideration, holden out unto them, for all the blood and treasure they had spent for their liberties and freedoms. And the reason why they were so ignorant, and did so little inquire after their liberties and freedoms, was Mr. Speaker, because that though the Parliament had declared in general, that they engaged to fight for their liberties, yet they never particularly told them what they were, nor never distinctly h● forth the glory and splendour of them, to make them in love with them, and to study how too pres 〈◊〉 them, and for want of a clear declaring what was the particulars of the King's rights, and the natu● of his office, and what was the Parliaments particular privileges, power, and duty, to the people of 〈◊〉 Kengdome, that choosed and betrusted them, and what particularly was the people's rights and freedoms they were hereby left in blindness and ignorance, and by reason of their oppressions, because the● knew no better, doted implicitly upon the King, as the fountain of peace, justice, and righteousness without whom nothing that was good, could have a being in this kingdom; And I told them 〈◊〉 Speaker, it was no marvel, that the poor people in this particular were in fogs, mists, wildernesse● and darkness; considering that this House in their Declarations hath so played at fast and lose w●● them, for though Mr. Speaker, this house voted to th● effect 
* See the Votes of May 20. 1642. 1. part book decls. pag. 259, 260. compared with pag. 499. 508, 509 574. 576. 580. 584, 587. 617. 618. 632. 640. 722. 914. , that the King being seduced by evil Council, h● made war against the Parliament and people, and that th● are traitors that assisted him: And further declared, th● he had set up his Standard against the Parliament an● people, and thereby put the whole Kingdom out of his protection; contrary to the trust reposed in him, contrary to 〈◊〉 oath, dissolving government thereby. And that he in his own person marched up in the head of o● Army, by force of Arms, to conquer and destroy the Parliament, and in them the whole kingdom, th● laws and liberties.  
And yet Mr. Speaker with the same breath declared, the King is the fountain of justice 
* See 1 part book decla. p. 199. 304. , and that he can do● no wrong, and forced the people to take oaths and Covenants, to preserve his person, and yet at the same time gave the Earl of Essex and all those under hi● Commission, to fight with, kill and slay all that opposed them, and declared, the King in his own person marched in the head of an Army to oppose and destroy them, and yet gave them Commission to fight fo● King and Parliament, so that Mr. Speaker, here was riddle upon riddle, and mystery upon mystery which did even confound and amaze the people, and put them into Woods, and Wildernesses, that they could not see or know where they are, or what to think of themselves, or of the Parliament, or o● the King, only this they very well know that their burdens are greater now than ever they were before, and that they have been made fools, in pretendingly to fight for liberty, which hath brought them into bondage, and that though it was formerly declared the King had no negative voice, or legislative power, but is bound by oath to pass all such laws as the people, folk or Commons shall choose; yet no● the Parliament sends unto him again, and again, for his concurrence to their Acts, as though the giving of life, soul and power to their actings, were undisputably and inseparably inherent in him, and as though now there consciences told them, they must crave pardon of him, for all the actions they have done without him, and against him; O riddles and unfathomable mysteries, sufficiently able to make the people desirous to be ignorant of their liberties and freedoms forever, and never to hear of them more, especially considering they have paid so dear pretendedly for the enjoyment of them, and yo● after 5. years fight for them, know not where to find one of them.  
But Mr. Speaker, they were told that in this Petition the people had clearly held out unto them, and that upon the undeniable principles of reason and justice, the King's rights, the Parliaments and their own; and that the two former, were, and of right always aught to be, subservient to the good of the latter: and they were told, it was not so much persons as things that the people doted upon; and therefore undoubtedly those that should really hold out justice and righteousness unto them, were those that they would be in love with, and therefore in mercy to ourselves, and in love and compassion to our native Country, it was pressed, that every man that desired to fulfil his end in coming into the world, and to be like unto his master in doing good, should vigorously promote and further this just and gallant Petition, as the princeple means to procure safety, peace, justice and prosperity, to ●he land of our nativity, and knit the hearts and spirits of our divided Country men in love again each unto other, and in love unto us, which they could not choose but afford, when they should visibly ●ee we endeavoured their good as well, and as much as our own, there being all the principle foundations of freedom and justice that our hearts could desire and long after, in this very Petition; And if our greatest end were not accomplished in our prosecuting of this Petition, viz. the Parliaments establishing the things therein desired, yet the promoting of it would beg it understanding and knowledge ●n the people, when they should hear it and read it, and discourse upon it, and if nothing but that were effected, our labour would not be totally lost, for nothing did more instate Tyrants in the secure possession of Tyranny, than ignorance and blindness in the people. And therefore for the begitting of knowledge, it was requisite it should be promoted. And also for the healing of the divisions amongst the people, and knitting them together in love, that so their minds might be diverted from studying the ●uin each of other, to study the destruction of Tyrants that would in time destroy them all; whose fundamental maxim ●t is, that they must by policies and tr●cks, divide the people amongst themselves, or else they can never safely tyrannize over them. 
† And therefore of all dangerous kind of cattles that ever were; have a care of the Lawyers, whose interest it is to set up and promote tyranny, that so thereby divisions and discords enough may be begot, without which they cannot live and grow rich and great, and therefore take this for an infallible rule, that if at any time there be any thing promoting for healing the divisions of the people, and securing their liberties and proprieties, the mercenary hackney Lawyers, are principally the men that bend all their might and strength to oppose it and crush it, and therefore I say again look upon them with an evil eye, as the vermin, plagues and pests of a Common wealth, there being so many of them in England, as is able to set a thousand peaceable Kingdoms together by the ears, therefore say I to the people, never fit still till you have got your Laws abreviated, with all their entryes and proceed in English, that so you may understand them, and plead your causes yourselves, and so let the Lawyers go shake their cares; till which you will never enjoy peace and quietness.   
And Mr. Speaker, there was one in the Company that made a motion to this effect, that he did conceiveit was more requisite at present, speedily to second the Army's Declaration with a petition to encourage this House vigorously to go on to prosecute their last Gallant Votes (for so they were called) to which was answered to this effect.  
That in this petition was contained more than was in all them Votes, for it struck at the very root of all that tyranny that had enslaved and would enslave us, viz. the Negative voice in King and Lords both, which the Votes did not in the least. And it was impossible that there could be an active member in the House of Commons, but knew that this petition was promoting all over the Kingdom: which abundantly declares greater encouragement to all those Members of the House, that really intended good to the Commonwealth, then possible could be in a single complemental Petition, signed with 4, or 500 hands, such a petition being rather fit to puff them up, and thereby divert them from fully intending the people's good, then upon real ground to strengthen and encourage them therein, and there was never a member of the House, whose design in the largest extent of it was no more, than the pulling down of the King, that so he might be a King himself, but of necessity he must receive more satisfaction and encouragement from the knowledge of the promoting this gallant, unparaleld petition (which is a clear demonstration to the Parliament, that those that promote it, clearly understand, that the King and the Lords tyranny, and their liberties are inconsistent) than he could do from a bare complemental petition, which would also be dangerous to ourselves, in quashing the vigorous prosecuting of this, that contained the utmost of our desires: and the sum of all those things that in this world we desired to make us happy.  
But Mr. Speaker, it was again objected, that seeing the Petition struck so much at the House of Lords as it did, who lately it was said had concurred with this House in their Gallant Votes against the King, it was dangerous to the Kingdom's safety in this juncture of time, to promote it, lost is might occasion a clashing betwixt the two Houses, which would now be very dangerous.  
U● to which Mr Speaker, myself, etc. answered to this effect, that if the Lords had so concurred in these Votes, that they had declared it had been their duty, without dispute ●o have concurred to all such Votes as the House of Commons had passes, there had been some ground to have pleaded for a respect 〈…〉 from us. But seeing they so passed the Votes, as in the passing of them, they declared it to be their right, to give their denial to any Votes the House of Commons shall hereafter pass, that doth not please them: We are thereby engaged the rather to go on with our Petition to pluck up their destructive interest by the roots, that had brought all our miseries and woe● upon us.  
For Mr. Speaker, if the Lords be considered in their indicative power, we shall find them as guilty of treason in subverting our fundamental laws and liberties, as ever the Lord of Strafford was, for which he lost his head 
† See his Bill of Attainder (by virtue of which he lost his head) printed in the 29. pag. of the People's prerogative, read also the ●6. 47. 55. pages thereof, read also his charge, printed at large in a book called speeches and passages, mentioned in the 28 pag. of my book above mentioned. , who in his impeachment of high treason by this House was accused it▪ tho 4, 5, 6, 7, 8, 9 articles, that he had treacherously subverted the fundamental laws and liberties of England and Ireland, and introduced an arbitrary tyrannical government beyond and above law: in that he had upon paper petitions, and verbal complaints, without any due course, process or shadow of Law (but merely by the Law of his own will) outed divers of the free men thereof, out of their liberties, proprieties, and freeholds: to the ruin and destruction of many of their families.  
And truly Mr. Speaker, I must aver it, and do aver it before this House, that the present House of Lords are as guilty of this traitorous subverting of our fundamental laws and liberties, and introducing and exercising an arbitrary and tyrannical government above and beyond all law and justice; as he was. And by the law of their own wills, without any due course or process of law, (or the least shadow of law) have outed, divers free men of England, out of their liberties, properties & free holds, 
* See amongst many other of their transcendent acts of injustice, the lamentable case of john Pointz, alias Morris, Esquire, and Isabel Smith, etc. which you may read at the last end of this Epistle.  they themselves being Complainants, Prosecuters, Parties, Witnesses, Jury, and judges, have passed most barbarous and tyrannical censures, upon them, to the apparent ruin of them and their families; yea and upon me have passed so barbarous, and transcendent an illegal sentence, that I am confident the like of it in all circumstances, is not to be paralleled in all the Earl of strafford's tyranny, for which he lost his head.  
And Mr. Speaker, let me freely tell you, that unless this House do execute upon the present tyrannical House of Lords, or the mischievous and law destroying ring leaders amongst them, the Earl of strafford's punishment, I shall never justify you for righteous and impartial judges, or think that you have discharged your duty either to God or the Common wealth.  
And then Mr. Speaker, in the second place, as for the Lords Legislative power: I told my friends to this effect, that the Lords usurpations in that particular, had been the cause of all the late wars, and blood shed in England.  
And Mr. Speaker, I illustrate it unto you thus, that before this Parliament was called, there were certain great and wicked men in England, that had in a manner totally destroyed and subverted all our laws and liberties (For the Judges in the judgement of Ship money alone had given up to the King at one blow, all our properties, and by consequence all our lives, and all that was dear unto us And these with many others had de facto, set up an arbitrary tyrannical power, beyond & above all law, (which is well set forth in your first Remonstrance of the state of the Kingdom) which had like to have destroyed this whole Nation; and the King being of necessity compelled to call this Parliament, this House in its verginitie and purity, according to the great trust reposed in them, endeavoured to execute justice and judgement upon the forementioned tyrannical law and liberty destroyers, whose power and interest, by reason of those many great places and command they possessed in the Kingdom: and by reason of the length of time, they had continued in their wickedness, had so fastly routed and revited them in the bowels of the Common wealth: That the endeavouring to pluck them up occasioned the fear of a dreadful Earthquake in the Kingdom, and therefore that this House might in security go on effectually to discharge their trust and duty to the kingdom, they were therefore as to me appears, necessitated to new mould the Militia of the Kingdom, and to put the strength of the nation into more confiding hands than it was before, which desires of theirs they sent up to the Lords, for their concurrence, who refused to concur, not once, nor twice, but many times 
† See 1 part book dec. pa. 289, 364. 365. 398. 548. 557. , and procrastinated time so long by their delay, that the Kingdom was thereby in danger of ruin, which necessitated this house to send up Mr. Hollis (a quandum Patron of the people's liberties) to the Lords bar, with a message to this effect, to demand the names of all those Lords that would not concur with this House in saving the Kingdom, that so they might be the object of their justice and punishment.  
And truly if the Lords had had a rea●● and true right and title to their Negative voice, to deny concurring with this House in what they pleased, this message was no better, then by fear and compulsion to ravish them out of their judgements and consciences; and so by force to rob them of their rights. And upon this message Mr. Speaker, when the House of Lords see this House was in good earnest, being pricked up thereunto by divers transcendent high Petitions of the people, after they had delayed their concurrence so long, as they could or durst, the most of them fled, and the remnant or less part concurred, who at the best, if they had a right to deny or grant it their wills and pleasures, can be styled no better than a House under force, and by the same argument it ●ill follow, they have so continued ever since, and so all their acts eversince, are null and void in law and reason both; being the act of force, and therefore of necessity it must either be granted, that the Lords pretended right to their law making power, is a mere usurpation, or else that the House of Commons committed the Apprentices late treason enforcing the Parliament.  
But Mr. Speaker, I said and still do say, that the Lords so long standing out, and refusing to concur with this house to settle the Militia of the Kingdom, gave the King an opportunity to withdraw from the Parliament, and to lay his design for a War, yea and to gather his forces together, whereas if they at the first desire, had concurred with this house in settling the Militia, the King had never had an opportunity to have withdrawn himself from the Parliament, or to have gathered 300. men together, much less an Army, and so there could have been no War and blood shed in the Kingdom.  
And therefore Mr. Speaker, as I old amongst my friends so I do here again lay the guilt of all the blood that hath been spilt in England in the late war: (which I do believe amounts to the number of 100000. men, that have lost their lives in it) at the House of Lords door, and this House, (Mr. Speaker) in my apprehension, can never in justice (either before God or man) acquit themselves as just men, if at their hands they do not require, and upon their heads requite the guilt in shedding all this innocent blood.  
And as for their right to their pretended Legislative power, I told my friends Mr. Speaker, I would maintain it upon my life against all the Proctors the Lords had in England: that they had no truer right to their Legislative or Law making power, than what they could derive from the sword of that Tyrant, Will●am the Conqueror, and his successors, and therefore it was that in their joint Declaration with this House, published to the view of the Kingdom, they do not style themselves, the chosen trusties, or Representatives, of the Kingdom, but the Hereditary Councillors of the kingdom 
† See 1. part book decls. pag. 324. 508. and Vox Plebis, pag. 43, 44, 45, 86. 92. 93. 94. in which pages the Lords are sound paid, but especially in the last, the strength of which is taken out of Will. Prinns part of the sovereign power of Parliaments and kingdoms. pag. 42, 43. 44. where he hath (if my judgement serve me) leveled the Lords as sow, as ever any of those he calls Levellers in England did, and therefore his new book needs no other answer but his own words in his forementioned book, so his own hand is against himself. , that is to say men imposed upon the Kingdoms for their lawmakers and Rulers, by the ficious omnipotenc● will of the King to be their law makers and governors. Who in his answer to the 19 propositions, hath no better plea for the Lords Legistive power, but that they ha●● their right thereunto by blood. And Mr. Speaker, I said unto them, and now aver it with confidence unto you, tha● for them to take upon them the title of Legislators of England, they have no more right so to do, than a Rogue, Th●eefe, and Robber that robs me upon the high way, and by force and violence takes my purse from me, had or hath, to call my money when he hath so done, his own true and proper goods.  
Or Mr. Speaker for them to plead, that because they have exercised this power for some 100 of years together, that therefore now without all dispute, it is their right and due, I told them 'twas no better an argument then for a Knave to aver, such an honest rich woman, was his wife, and her riches his propriety, because by force and violence he had committed a rape upon her virginity, and by force and violence had taken possession of her goods, and forced and compelled her for fear of having her throat cut to hold her peace. Now Mr. Speaker, from the act of force and violence committed upon such an honest woman, to draw this argument or conclusion, that therefore he that did commit it, because he used her (or lay with her) is her lawful and true husband, or that all her goods are his, because by force he hath taken them from her, and by force keeps them and useth them as his own, is no found argument, and yet as strong a one, as for the ●or as by force of Arms, to join with the Kings of England to rob us of our native and undoubted liberties and rights, (which is to choose and empower all out lawmakers, and to be bound by n● law imposed upon us, by those that never were chosen & be trusted by us, to make no laws,) and then usurp them to themselves, and by force and violence is keep them from us, and then to plead because they have possessed them so ●ong, that therefore they have a true undoubted and natural right unto them.  
Besides Mr. Speaker, I told my friends, that if ever the Lords had any right at all to their pretended Legislative or law making power, (which utterly deny that ever they had,) yet they have since this Parliament with their own pens and tongues given it away. And that I did, and do prove thus, the Lords themselves never claimed their power by any other right, than what they derived from the King, by his letters, paten●●, writ in a piece of Parchment with a seal to i●▪ Now if the King have no Legislative power, inherent in himself, without all controversy in the world, he can give or derive none unto the Lords, for it is impossible, that that should flow or come from a thing, that is not originally inherent i● the thing itself.  
But the King hath no legislative or law making power inherent in himself, and therefore can give or derive none unto the Lords And that the King hath no legislative power inherent in himself, I prove out of the Lords own words, in their joint declarations with this house, of the ●6 May 1642. and of the 2. Novemb, 1642. 1. part book declarat. pag. 268, 269, 270. 7●6, 707, 708, 709, 710, 711, 712, 713, 714, 715 Where they spend many leaves to prove, that the King is of duty bound by his Coronation Oath, to pass all such Laws as the FOLK, PEOPLE, or COMMONS shall choose, and if so then he hath no Negative voice, and if no Negative voice, than he hath no Legislative power, and so cannot possibly give any to them, and that he hath no Negative voice, or Law-making power, their own words and arguments fully prove in the forementioned declarations.  
Nay Mr. Speaker, it was further declared to this effect, that if this house did instate the people of the Kingdom in all the rest of their liberties, and left this pretended Legislative power of the Lords unro●ted up, they were but slaves, by that one particular alone, and that was illustrated in this manner.  
All Legislative power in its own nature, is merely arbitrary, and to place an arbitrary power in any ●rt of persons whatsoever for life, (considering the corruption and deceitfulness of man's heart, yea ●●e best of men) was the greatest of slavery; but the claim of the Lords is not only to have an arbitrary power inherent in themselves, for life, but also to have it hereditary to their sons, and sons ●●nnes, for ever, be they Knaves or Fools: which is the highest vassalage in the World. And herefore Mr. Speaker, I must freely tell this House, that I shall never believe they really and in good earnest ●●tend to make the Kingdom free, till I see them plucked up by the roots, this grand tyranny of the ●ords, though for my part, I am not against their enjoyment of their titular dignities, nor the inheriting of their great estates, always provided they be made sublect to the Law as other men in paying their debts, etc. And if for this rigidness against the King and the Lords Negative voice, I be called 〈◊〉 State Heretic, I answer for myself, that the Parliaments own Declarations, hath made me so ●nd that if I be deluded and deceived, they are the men that have done it. *  
The rest of my narrative at the bat, about the business of apostatised Lieut. Gen. Cromwell Com-Gen. Jreton, 
I desire the Reader to read my large A●ologie formerly made in this kind, which ●e shall find in the 24, 25. pages of my ●ook called the Resolved man's resolution, in which book the treachery and knavery of my bloody and tyrannical ●tar Chamber judges, old Sir Henry Vain, ●s lively carrectarised.  the second Felton, and my Lord Wharton, etc. up about half an hour, & contain● so much manner in my own head 4, or 5. sheets of paper, which I must scipover and remit to another time, but because I judge my conclusion to be very pertinent to my present business and sufferings, I shall give it you verbatim, as I have many days ago writ it, which thus followeth.  
And now Mr. Speaker, I shall draw towards a conclusion, having dealt ingeniously with you, and freely of my ●wn accord, (not with the least relation to this notorious lying, illegal Charger or Informer) given you a full relation of all the material discourses at the Meeting, etc. so fat as my present memory will enable me, & this I am sure of Mr. Speaker, that I have not timerously or falsely hid any thing from you, or in one tittle minced the business, having rather given you more than less, humbly submiting myself, my present relation, and all my actions relating thereunto, unto this House to refer me and them, (if they shall be judged offensive) wholly and solesy to be justified or condemned at the Common law, by a trial before one ordinary judge, the true and proper executor of the Law; and a jury of my Equals, according to the known and declared law and just custom of England, which is my Birth right and inheritance, which instates me into the capacity, that I am not in my present condition, to be tried, judged or condemned by this house or any other power in England, but according to the known and declared Laws of England, the Executors of which in the least I ever this House are not 
† Which is very well and fully proved in the 2, 3, 4, 5. pages of England's Birthright, and the last sheet of Mr. john Wildmans' defence against Mr. Masterson, called Truth's triumph, or treachery anotamised. and Sir john Mayna protest delivered to the Lords the 14 Feb. 1647.  nor ought not to be.  
And therefore Mr. Speaker, before I totally conclude in preventing this house, to conclude their ill begun opinion of me; I shall humbly desire a little further liberty to propound three things unto your consideration, and in them I shall be brief.  
The first of which is, that when Paul stood before the Heathen and Pagan Roman Governors, and the jewish Scribes and Pharisees, Pressed hard against him, to have him destroyed, as this English Pharisee doth now against me at this bar, yet they had so much righteousness and justice in them, by the light of nature, that they would not condemn him for all that, tell they had given him the benefit, which the very law of nature gives to any man, and which the law and custom of the Romans gave unto him, which was to hear him make the best defence for, himself that he could, the which when he had done, the Governor was convinced, that his accusation was ●eer malice, and that he had done nothing worthy of death or bonds, Acts 23.29. and 24.25.26.  
And Mr. Speaker, as Paul amongst the Heathens enjoyed the benefit of a Roman, viz. the privileges of the Laws of his Country, so let but me from this house enjoy but the privileges of an Englishman, viz the benefit of the known and declared Laws of my native Country: and I doubt not but to make it as evident as the Sun when it shines in its glory, that I have done nothing that deserves either death or bonds, and that this information is a mere malicious bundle of lies, and that if the Informer dare but to swear on● quarter of that which now with confidence he affirms, that he forfeits his ears. And to punish me before this be granted me, I must over is the height of injustice, and the actors in it less moral than the pagans and Romans were.  
Secondly Mr. Speaker I desire to acquaint this House that upon the third of May in the year 1641. one Littleson servant to Prince Charles that now is, informed the King himself (with a great confidence) that I had said if we could not have justice against the Earl of Str●fford, we would pull the King out of White Hall, and without any more ado I was apprehended as a Traitor, and clapped up close in the messengers hands, and the next morning I was brought to White Hall as a Traitor, (and the King sent Mr. Nicholas (then as I remember) Clerk of the Council to the House of Lords to impeach me of High treason, and the said Littelton swore the words point blank against me, and unto the B●nch I was called, where I had a kind of an arraignment of High treason, before almost a 100 Lords then sitting unto which I stooped, knowing my liberties no better, and the Lords giving me leave to speak for myself what I could, I dealt as ingeniously with them then, as now I have done with this House, and told them freely and boldly the whole truth of the matter, and I being withdrawn one Mr. Andrews a Counsellor of Lincoln's Inn was called in, as a witness of confirmation to Mr. Litleton not knowing well what I had said nor what he had sworn, and he was put upon his Oath to declare the truth of my discourse, and Jumped point blank upon what I had ingeniously related to them, so by examining the truth to the bottom, my life was saved, and my body honourably delivered (by order of that honourable House) from my present bonds, and Mr. Litleton like a rogue, for his own preservation was fain to sneak away, but Mr. Speaker that which I here observe, is this, that if the House of Lords (then possessed with indignation enough against me) had been so credilous and unjust, to have believed a single informer then upon his oath, (which yet is more than this informer is) for any thing I know, I had died for it, and I hope this house will not fall short of the house of Lords (yea and of the house of Lords when it was fullest of arbitrary courtiers in doing justice in condemning me to any the least punishment in the world, upon the bare virball information of a single informer, not upon his oath) especially having so long and large experience of my unspoted integrity, to the real and just interest of this House, that now with my pen I dare aver it with confidence, never any man in England ever gave greater or larger, for all the rustling, buslings or confident lies of any rotten apostatised or corrupt members therein.  
Thirdly and lastly Mr. Speaker, I desire to acquaint this House, with some hard measure in this very particular I have had from this House itself, & truly M. Speaker I intended at my coming in freely & boldly to have grated upon some unpleasant string, and loudly to have sounded a harsh and unpleasant base upon them, but truly Mr. Speaker, I must ingeniously confess, I am overcome by that honovourable respect I have this day found from this House, in that you have heard me with so much patience speak my mind so largely, with freeness and boldness without the least interruption in the world; that I do in good earnest canfesse, I take it for a greater obligation and tie unto my spirit, than all the favours that ever I received from this House from the first day of their sitting to this present day; but Mr. Speaker I beseech you, let me not be misinterprited, as though I said this to collogue and flatter with you, and thereby to insinuate into you, lesten your just indignation, unto me for my crimes, no Mr. Speaker I hate and abhor the thoughts of any such thing, and do before you all with detestation protest against it: assuring you that if my naked integrity and sincerity, in the just and strictest eye of the law, will not bear me out in whatsoever can justly and legally be laid unto my charge, I am resolved to perish.  
But I go on with your favour Mr. Speaker, to say what I intent, with the greatest respect to this House that possibly the businese will bear, and Mr. Speaker, you yourself may remember, that I brought post letters of glad tidings in july 1645. from the Army in the West, of their routing General Goring at Lampart, and being waiting at the House door upon the 19 of july 1645. there was ●me kind of false information given into this House against me, by whom I then did not know, nor ●o not legally know to this day, but the informers were never called into the House, to testify the least ●●me in the world against me, and with those that (since I understand) were the informers (viz ●r. ●ast●ick & Col. Edward King) I had not for many months before to my knowledge changed so much as ●●e word with, and yet notwithstanding my best requital, for my hazardus posting from the Army to 〈◊〉 House upon my own charges with the foresaid glad tidings, was to be voted by the house about 8. Clerk at night to be clapped by the heels, without to this day expressing any pretended or real crime or cause ●herefore, without eversomuch as calling me (though then at the door to speak one word for myself; a harsh piece of justice Mr. Speaker, but yet this was not all for the causeless indignation of this House 
* And I must and will now say here in ●he margin, that Mr. William Lenthall ●he speaker was the principalest man that ●en sought to murder and destroy me, for ●y Innocency, and the powerful fountain from whence all my then miseries and sufferings did come, although I meddled nor made not with him before he had got me clapped by the heels,, only he having 〈◊〉 guilty conscience in him, made him smite any that he apprehended stood in his way, but this let me ●w tell him, that I am very confident of it, if Mr. Laurance Whittaker, Mr. Corbet and the rest of ●he Committee of Examinations, had performed the duty of righteous Judges, and not have made a most false and lying report to the House of Commons, Mr. Speaker had been proved a Traitor according to their own Ordinances, but read England's birth right.  burnt so hot against me, that upon the 9 of August following, they caused me to be sent from the Sergeant at Arms his messenger's house to Newgate, and by all the means I could use in the world, could neither get this House not its, Committees, before whom I was, to tell me in the least the cause wherefore they were angry with me, and yet your causeless indignation rested not here, but when I was in Newgate, this House made several Orders for Mr. Bradshaw, Mr. Steel, and Mr. Walker, to prosecute me for my ●ife (as I conceived) at the Sessions in the Old Bailey, and a jury was also (as I was informed) panneld upon me, and hundreds of my friends gave me over for a dead man; and many times pressed me to seek ●he favour of this house, which I always absolutely refused and trusted to the protection of God, my innocency and my pen: and in conclusion this House sent me 100 l. to help to bear my charges and the 14. Octob. 1645. by Vote of this house, as a just and innocent person, against whom no crim information or charge had or could be laid, released me.  
So that Mr. Speaker, you see that this very house upon false and ungrounded information, 
† By or from yourself Mr. Speaker, Dr. Bastwick, and Col. Edward King,  (which causelessly heated and inflamed their indignation against me,) had like to imbrued their hands formerly in my innocent blood, and yet in conclusion were necessitated to release me, as an innocent, just, and righteous man, and Mr. Speaker, I could tell this House the name of those in this House, that were the principal prosecuters of me in this unjust and unrighteous manner, but for that ingenious and honourable respect that I have this day enjoyed from this house, I am at present in that particular silent, only I must acquaint this house that I was no sooner at liberty, than the agents of your brother Sir John Lenthall, Mr, Speaker, went up and down the city, declaring that I and my confederates had a plot in hand by force of A●mes to destroy this Parliament 
* And Mr William Prinn was authorised by authority, being the common divulger of Lies, to print it, see his book called the Liar confounded, pag. 27, and my answer to it called Innocency and Truth justified, pag. 4, 5, 6. 34, 35. where I prove, that in eight lines, he hath told thirteen or fourteen Lies. , of which when I heard, I went to Alderman Atkins, now a Member of this House, and then Lord Mayor of London, before whom some of Sir john's Agents, Complotters, and Knights of the post, were brought, and desired him to do me justice upon them, by taking such a legal course, that they might be put upon the effectual proof of 〈◊〉 conspiracy, and treasons which they accused me of, or exemplary justice done upon them for the false accusations and combinations to take away my life, But truly Mr. Speaker, I must clearly declare to this house, that I clearly apprehend, these persons were set on by men of such power, that 〈◊〉 than Lord Mayor of London (now a member of this House) neither durst, nor would do me one dra● of justice 
† And who those men of power are, you may find named in England's Birth right, and my book called Innocency and truth justified, in which two books you may read the whole history of all that desperate combat, , And Mr. Speaker, I look upon this very accusation given against me, as a designed, ploud melicious and false a thing, as any of these formentioned & do hope to find so much honour and justice now at t● hands of this Honourable house, especially considering that now I have in some good measure give● them to understand, how maliciously formerly I have been dealt with, that they will not in the lea● condemn or punish me upon this verbal suggestion, nor have the least evil thoughts of me, till the● see the business fully debated according to law and common justice.  
And now to conclude all, Mr, Speaker I shall humbly crave the patience of this house, to hear me tw● or three words about my own particular business, that hath hung so long in this house,  
And what I have to say in this particular, I shall be very brief in.  
And in the first place Mr. Speaker, as for my appeal to this house, which hath hung here almo●● two years without your judgement or final determination post upon it, although I for my part Mr▪ Speaker (have used all the ways and means I can to procure it, but as yet Mr. Speaker I can not obtain it I therefore make it my humble suit unto this Honourable House, that if yet they be not satisfied, in the legally of my protest against the Lord's usurping jurisdiction over me, that then thi● house Mr. Speaker, will be pleased to appoint a day in the open house to hear me openly, whe● 
† As all plead or trials in all Courts of justice ever aught to be. See 2. part inst. fo. 103. 104, and regal tyranny, p. 81, 82. 83. And the Royal quarrel. p. 8. & S. Io. Maynards' case truly stated.  now Mr Speaker I solemnly offer, singly and alone 〈◊〉 this bar, to maintain and justify the legallitie of my proceed against the Lords, against all the proctors they have in England, to send to this bar to plead their caus● for them face to face, yea Mr. Speaker; I shall be willing they shall take in the help of all the Agents they have 〈◊〉 this House, 
† And the help of their Creatures in the House, I the rather proffered them, because I was certainly informed, that Mr. Sam. Brown, Mr. Pridix, and Mr. Hill, (all Lawyers (had proctered for them in the open House, against me a little before of whom face to face in that particular, in their own profession, I dare engage my head to make Novices and liars of.  provided I may be suffered myself to answer their objections, and when the discourse is done I shall readily, and cheerfully submit to the final determination and judgement of this House in it, or if I cannot obtain this at your hands.  
Then in the second place Mr. Speaker I most humbly entreat this honourable House, that they will be pleased to appoint a day, to read over my Plea I made for myself before Mr. john Maynard etc. 
† Who I do aver dealt most unworthily, treacherously and not like a righteous judge nor adjust English man with me, who though the House had expressly ordered him and the rest of the Committee, not only to hear and examine my business, but also to conclude their opinions upon it, and report their results to the House, yet notwithstanding Mr Maynard being then in the Chair (as some of the Committee told me) would not upon any terms suffer them to do it, by means of which he rob● me of my real benefit of that Committee which the House intended me, and hath done like a treacherous man as much as in him lies, to destroy me and my liberties, and the liberties of all the Commons of England, the Lords being encouraged thereby to deal since as illegally with Sir John Maynard, and other Commons of England, as they have done with me; see Sir john, pleas of the 5 and 14, Feb. 1647.  and which since I have printed (and delivered some hundreds of them to the members of this House) and upon the reading of it to proceed to give a final Judgement in it, that so I may after almost 2. years waiting know what to trust to, and not be kept everlastingly in Prison, in a condition worse than death itself for truly, Mr Speaker, my pressing and unsupportable necessities compels me to deal ingeniously with this House, and truly to acquaint you, that I have not (being a younger Brother) one foot of land in the whole world, nor a penny of any rents coming in to maintain me, my wife and little Children, nor any trade going to bring me in one farthing, nor a penny allowed me by those that unjustly imprisoned me to buy me bread, and all these things considered with my 11 years (in a manner constant) sufferings laid unto them, I cannot apprehend how this house can rationally conceive (how without maricle) I should live or subsist especially seeing I am necessitated to contest for my own preservation, with all the corrupt grand interests in England, & therefore in the second place I humbly entreat this honourable house, to let me have something at the present out of my Arrears (to keep me alive) which I dare with confidence Mr Speaker avere before this House, justly amounts to the greatest part of a Thousand pounds.  
And in the third place; Mr. Speaker, I humbly entreat this Honourable House, seriously to consider and pass my Ordinance, (that long hath laid dormant here) for my 2000 l. reparations against my cruel Star-Chamber judges, and that I may speedily and effectually by you, he put into a certain way where to receive my money, and not be sent unto those for it, where it is impossible for me to get it, 
* The names of those my unrighteous and barbarous High Commission and Star-Chamber judges are, Dr. Lamb, Dr. Gwin, and Dr. Alylet, whose hands were to my first commitment, and yet never see my face, & these that past my first bloody whipping sentence upon me, etc. were Lord Coventry, Earl of Manchester, Lord Newburgh, old Sir Henry Vain, Lord Chief justice Bramstone, and judge Jones, & those that past my second most barbarous sentence to starve me &c. were Canterbury, Coventry, London, Manchester, Arundel, Salisbury, Cottington, Secretary Cook, and Windebank, the several sentences you may read at large in the 1, 2, 3, 4. pages of my printed relation before the Lords, of the 13. Feb. 1645. and from the fattest and ablest of these, I expect my reparations, viz. from old Sir Henry Vain, & the Earl of Salisburys, whose greatness alone in both Houses, I have cause to judge hath kept me all this while from my reparations, and therefore O all true hearted English men help me to grapple with their lawless greatness.  without the loss of a great deal of time, and the expense of a great deal of money (if ever I get it at all) which I have not now to spend, having I dare with confidence aver it, spent above 1000 l one way and another, in following this House, etc. for it, and so Mr. Speaker I have done with what I have to say to you at present, whereupon I was commanded to withdraw, which I did.  
And immediately upon it, Mr, JOHN WILDMAN was called in a several times, and myself having sent in word to Mr. Speaker, that I earnestly desired to come to the Bar again, to speak two or three words more to the House, and accordingly I was called in, & coming to the Bar very hoarse, (by reason of my straining myself to speak audably in my former speeches, one of which lasted above an hour and half) I said with a mild voice, Mr. Speaker, a Prison by the law of this Land, is appointed not for the punishment or distuction of the Prisoner but for the secure and salf-keeping of him, for a speedy trial at the next Assizes, Sessions or Goal delivery; And truly Mr, Speaker I have now been many assizes, Sessions and Goal deliveries in Prison, and never called out to have any crime in the world laid legally unto my charge being committed by those, that I must and do aver with confidence before this house, have no more power or authority by the law of England, to commit me, than so many Turks or Tertors; and this House was lately pleased to do me so much justice and right, as to give liberty day by day to go obroad to follow my business, and yesterday I understand they have taken of that order, and left me a Prisoner under the power of the Lords, by reason of this information of Mr. Mastersons, which I aver is a most malicious lying one, truly Mr. Speaks my necessities are such and I count it no disgrace to repeat it over again to this House (especially considering my eleven year● hard and constant chargeable sufferings for the liberties of my native Country) that I have neither Lands, houses, nor tade agoing to bring me in a penny to buy me bread, to preserve alive my wife and little children; and I never die any action in my life, but I was always willing, and still am ready to answer for it, at the touchstone of the Law, and by it to justify it at my peril, without ever craving, o● now desiring, the least dram or courtesy in the world at the hands of any flesh alive, but merely what the Law of my native Country will allow me, and truly Mr. Speaker, I have borrowed many scores of pounds, to preserve me alive in my necessities, and truly Sir I must needs tell this House, that in all likelihood I might have perished in my straits, if I had not had a little credit to have borrowed some money to supply my wants, but truly sin, when money is borrowed, it must be paid again, and if I break my word, I lose my credit, and when that is lost, I must of necessity perish, and therefore Mr. Speaker, I beseech this honourable House that they would no more subject me to the Lords lawless murdering wills, by sending me again to prison, there to starve, (for while I am at liberty, I can a little help myself amongst my friends and acquaintance) wherefore I humbly beseech this honourable house, to judge my cause, and grant me my absolute liberty, which is my due and right by law, or at least at present continue your former Order, that I may day by day go abroad to follow my business, tell this House have finished, and fully determined it, protesting Mr. Speaker, unto this honounourable house, that I had rather this house would order their guard of Halbeteers at the door, to knock my brains out, or with their Swords to run me through, then send me again to prison, there to remain during the Lords, unconscionable wills and pleasure, there to be murdered and starved.  
But Mr. Speaker, if my just, lamentable, and pitrifull complaint, cannot enter the ears, nor pier●● the hearts of the Members of this house, but that of necessity I must be compelled to go to prison again then I humbly entreat this honourable house speedily to assign, (and give me my own (which Mr. Speaker, is almost three thousand pounds that I justly expect from and by the means of this House) to live upon, that so in my captivity I may live in some contented silence and patience, and not fill your ears with any more necessitated clamours, and just outcries, which I must of necessity do, unless you either give me my own money to live upon, or a reasonable proportion of yours, but if at present I cannot enjoy neither of these, then in the third place, I crave and challenge from the bands of this House, the benefit of the law of England, and the custom of the Tower, where I am to go. And first by the declared law of the Kingdom, I am sure all prisoners whatsoever, that have not of their own whereof to live, aught to be maintained in their imprisonment out of the public treasure, in what prison soever they be in 
† See my Epistle to Col. West, late Lieu. of the Tower, called the Oppressed man's oppressions declared. pag. 2, 3. 4. and Vox Pleb●s. pag 43, 44 45. and the late complaint or true relation of the cruel sufferings of the Knights and Gentlemen prisoners in the tower of London. pa. 3, 4, 5, 7, 10. . And I am sure by the custom of th● Tower, I ought to be maintained out of the public treasure, and to be allowed such an allowance, as is suitable to my quality. And sure I am Mr. Speaker, I have there seen copies of divers Records, of some hundreds years of age, to justify this, and this I am sure of, that when Mr Hollis, Mr. Long, and other Members of this House were prisoners there in the third of the King, the King allowed them maintenance out of the Exchequer according to their qualities, when they enjoyed the injure profits of their own great estates. And Mr. Long, lately in the Tower confessed he sp●nt the King 1500. l. And truly Mr Speaker, I hope you will not be more unjust to me, in allowing me maintenance according to my quality, now I demand it as my right; then the King was to your rich Members, against whom you have proclaimed so many out cries of oppression and injustice 
* See their last Declaration ●gainst the King, of the 11. ●f February, 1647.  and so with a Congee, two or three, I took my leave of the House, and withdrew.  
And being withdrawn, the House fell into a hot debate for some hours together about the business, and my greatest, and fearcest enemy (that I could hear of) at the debate was Mr. William Peerpoint, the Earl of Kingstones' brother, 〈◊〉 man of a vast estate, and so full of zeal and mettle to the Parliaments cause, that at the begininning of these troubles, he would fame (as I am from very good hands informed) have run away, and did ask leave to go over into France, but it would not be granted to him, and yet he hath attained so much Majesty as to be one of the superlative form of Grandees, and although he never ventured his life for the Parliament that I could heat of, yet they have largely requited him for sitting still, and given him seven thousand, 500 l. for his pretended losses out of his brother's Composition, and it is strongly reported besides, that he saved his brother a great deal (above as much more) in his Composition, and therefore, no wonder Mr. William Peerpoint was such a grand enemy to me, and Mr. John Wildman, for promoting such a Petition, as desired to know what was become of all the public treasure of the kingdom, which the Parliament men hath in a manner solely monopolised unto their own use (to buy Bishops lands of themselves, etc. with) as well as all the great and rich places of the Kingdom, and truly I am very much afraid, that if the people do not the speedier look into all their cheets, if not robberies (for no better do I account all the many hundred thousand pounds of the people's money that they have given each to other, it being positively and absolutely against the law of this ●and, for Feffes in trust, (and they are no more at most) to give a penny amongst themselves) they will shortly go make an Ordinance to set up the Great Turk's law, viz. that the Parliament men, shall be Heirs and Executers of all the rich men in England, and therefore if ever the people think to get any good from this present Parliament (who do nothing in a manner, but buy and sell each others Votes, to serve the faction and coviteousnesse each of other) then let them first resolve without any denial, to effect these two just things.  
First, That all Parliament men whatsoever (while they fit in Parliament, and continue Members thereof,) he uncapable to possess or execute any place whatsoever, either in Military or Civil affairs.  
Secondly, That the people be put into aiust and rational capacity, to inquire into those many millions of money that have been raised upon them, &c, (which I am confident since the wars begun, is above twelve pence for every penny that hath justly been spent that can be justly accounted for) and then have at you, and your letter Monopoly, etc. Mr. Pridiox, and you and your Horse Cosing, etc. Sir Arthur Hasterig, for I must of necessity have a fling at you both; for your late zeal manifested ●or me, to make me be a Comrade with judge ●enkins to Tyburn. no other place in your judgement so well becoming him and me then that, though truly I am very confident it would better become yourselves.  
But upon the debate in the House, after Candles was lighted, news was brought out that Mr. Wildman was committed to the Fleet, and myself to the Tower, for treasonable and seditious practices against the State, but for all that I stirred not, but stayed with my Comrade in the Lobby at the House of Commons door, and after the House was rise, Mr. Bicket the Sergeant ac Arms come to us, and told us what was done, and I told him at present I would not dispute the power of the House in commiting me, but if the Warrant were not legal, I was resolved to lose my life upon the place before I would go willingly to prison without a legaall warrant, containing the particular cause, and having a legal conclusion, viz. and him safely to keep until he be delivered by due course of Law, but Mr. Sergeant brought me a copy of the Warrant, and it was to remain in prison during pleasure, which I told him I would have my brains beat out, before I would willingly obey, and stoop to it, so the people that stayed, being about 100 cried out unto us to go away with them for to prison they would not suffer us to go without a legal Warrant, telling Mr. Sergeant, that if the warrant were legal, if we would not go, they would help him to c●rry us, so Mr. Sergeant went into the Clerks office, and mende● the form of the Warrant, but wanted Mr. Speakers hand unto it, who was then gone home, so we gave him our Perrowls to appear there betimes the next morning, and accordingly we did, and tha● evening reading Sir Edward Cooks Commentary upon the 29. Chap. of Magna Charta, and his Exposition of the 1. Edward 2. which treats upon breaking of prison, in his 2 part institutes. I find in th● last, fol 590, 591. he expressly declareth, it is not enough to express the cause in general, but it m●● be in particular, and if for Treason, for what particular Act of Treason, and if for Felony, For whi●● particular act of Felony; whose words at large you may read in the 74, 75 pages of The People● Prerogative. And in the 5, 6. and 10. pages of Sir john Maynards' case truly stated.  
And being at the House of Commons door the next morning, Mr. Sergeant shown me my warran● the Copy of which verbatim thus followeth.  

BY virtue of an Order of the House of Commons, these are to require you to receive from the Sergeant at Arms, or his Deputy, the body of Lievt. Col. john Lilburne into the Tower of London, and him there to detain in safe Custody as your Prisoner, in order to his trial according to Law, he being committed for treasonable and seditious practices against the State, and for so doing this shall be your Warrant.  
Dated 19 january. 1647. To the Lieutenant of the Tower of London. William Lenthall, Speaker.   
Upon reading of which, we both desired to speak two or three words with Mr. Speaker, (and the House being not sat) we accordingly did, and I told him I very much desired his favour to be called again to the bar, to speak two or three words to the legality of the warrant, for as it was (I told him) we might remain in prison ad infinitum, before the judges durst or would grant us a Habeas Corpus to bring us up to the bar of justice, to receive a legal trial, or our liberty according to Law: And having Sir Edward Cooks 2. part inst. in my hand, published by their own Order for good law, I desired to show him his judgement to declare the Warrant illegal, but when the House sat we could not prevail to be called in, but Mr. Sergeant came to me, and pressed me to be willing to go to prison upon the Warrant already made, or else the House had ordered him to force me, but I told him I would lose my life before I would be a traitor to the liberties of England, which I must do, (I told him) if I obeyed that illegal Warrant. And when I had so done, I fell of preaching law and justice out of Sir Edward Cooks institutes, (then in my hands) and the Parliaments own declarations to the Soldiers that guarded the House, telling them, that they were raised to fight to preserve the liberties and freedoms of England, but not to destroy them which they must of necessity do if they laid violent hands upon me to force me to prison upon the Houses illegal Warrant, and in making me a slave, they subjected themselves to slavery, and manifest themselves to be a pack of arrant mercinaries, by destroying their own declarations, being it was possible my case to day, might be theirs to morrow, I further told them, that a general charge of treason in Law was no charge at all, by the Houses own Declarations, and I instanced the case of the five Members, and the Lord Kimbilton, and the same is declared in the case of Alderman Pennington, when he was Lord Mayor of London, And Alderman Foulkes, Col. Venus, and Col. Manwering, whose cases you may read in the first part book declarations, pag. 38, 39 77, 201. 278. 660. 845.  
I also instanced the cases of Mr, Hollis and the rest of the eleven Members, where the House vote, a general charge was no charge.  
And I also told them it was no contempt of authority, (by the Parliaments own Declarations) to refuse obedience to illegal commands, for in their declaration of the 19 May, 1642. 3. part book dec. pag. 101. they look upon the Attorney general's impeachment of the 5. Members, and the Lord Kimbo●ton as upon a heinous crime against the Law of nature, against the rules of justice, that innocent men should be charged with so great an offence as treason, in the face of the highest judicatory of the Kingdom, whereby their lives and estates, their blood and honour are endangered without witness, without evidence, without all possibility of reparation in a legal course, yet a crime (mark it very well) of such a nature, that his Majesty's command can no more warrant, than it can any other act of injustice; It is true (say they) that those things which are evil in their own nature, such as a false testimony, or false accusation, cannot be the subject of any command, or induce any obligation of obedience upon any man by any authority whatsoever, therefore the Attorney in this case, was bound to refuse to execute such a command. And pag. 150. If a General attempt or command to turn the mouths of his own Cannons against his own Soldiers, it doth ipso ●ac●●, estate the Army in a right of disobedience, because the General hath gone against the nature of his trust and place. See also page 266, 267. 269. 276, 277. 3●4 361. 382. 494. 696, 700. 716. 721 726. But that my Warrant is illegal, I evince it in those four particulars.  
First, because it is signed by the Speaker of the House of Commons, who as Speaker, in law hath no power at all in the case in controversy, to commit me to prison, for the House itself, is chosen and betrusted to make and repeal Laws, but is not in the least by law or reason empowered to execute the Law.  
Secondly, my warrant had no seal to it, as by law it ought to have, as is fully proved by the fore recited places: but neither of these were the things I stood upon, though I might justly have done i● in Law.  
Thirdly, my Warrant hath no legal cause expressed in it, and therefore illegal, because it only runs in general, but doth not express in Particular the treason they lay to my charge, and therefore not in law to be obeyed, either by me or by the Lieutenant of the Tower, or any other, against all the executers of which in Law. I have my action of false imprisonment, if there were any justice to be had, which now I must and will say, is destroyed by Sir Thomas Fairfax, and his mercionary janissaries under his command. As is clearly evident in their late condemning W. l. Thomson by Martial Law, who is a mere Commoner.  
Fourthly, it wanted a legal conclusion, viz. and him safely to keep, until he be delivered by due course of Law, which two last things I stood upon, and ground enough I had so to do, because for want of them I was eternally co●●mitted to prison, without any legal crime laid unto my charge. And therefore mercenary, janisary Col Baxster, might as well and as legally commanded his Soldiers to have cut my throat, as to have commanded them to have drawn their swords upon me, and to have dragged ●ee away by force of Arms, by virtue of an illegal warrant. F●r if my warrant had been legal, I could with a Hab●a● Corpus have brought up myself to the King's Bench bat the last term and there according to law, have forced my imprisoners to a legal trial, either for my justification o● condemna●●●●, whereas now by the illegallity of my warrant, I am deprived of all means to bring myself in a ●●st trial at Law (although I desire it as much at to eat when I am a hungry) and so now must either starve or rot in prison, or troop unto the wills of Tyrants to cry them p●ccavie, to get my liberty, to the traitorous betraying of the laws and liberties of England, the which rather than I would willingly do, I would by God's assistance be cut in a thousand pieces.  
But expostulating with the Officers and Soldiers that commanded the guard, the Sergeant at Arms could not get one of them to lay hand upon me, and at last it at mercionary, cowardly, unworthy, base fellow, Col Baxster (came up with a freshguard) who hath not the least spark of a true br●d English man in him, (as I shall be ready when time serves to testify to his nose) and I begun to expostulate in law and reason with him, but he like a professed Mercionary, Turkish janisarie told me to this effect. It was his office and place, not to dispute Orders or Commands, but to put them in execution, and therefore I must talk no more to him, for to prison he would carry me; and most imperiously commanded to clear the Lobby of all my friends, and not knowing but 〈◊〉 intention was to murder me at the House of Commons door, in such a manner, that there should be none of my friends by to bear witness of his blood guiltiness: I gave my books, staffs, and gloves to my friends being resolved (of p●ssi●le I could) to seize upon the very wind pipe of him that first laid hands upon me, and to deal with him as a bloody fellow, that came to murder and destroy me, but the crou● going out of the door I strove to go with them: and as soon as I was out upon the top of the stai●● he himself laid hands upon me, but the crowd was so strong, that my very arms was pinioned, tha● I could do no more but attempt the throwing him down the stairs, but the crowd became his pro● and safeguard, and all of a sudden, abundance of swords were drawn about my cares, and I so crowded up, that I was necessitated to have patience perforce, although I was resolved if I could have go● any elbow room, to have lost my life upon the place like a man, rather than to have been robbed of my legal and natural liberties standing upon my feet; but some of the Soldiers were extremely desperate, and mad upon me, upon which I cried out murder, murder, murder, as loud as ever I could cry, whereupon followed a fearful cry of the people in the same tone, & Baxsters new Soldiers that he brought up with him, that had heard none of my discourse, laid about them like mad men, upon a company of naked men, and knocked down some of my friends with the but ends of their Muskets, and others run several times a tilt at me, with their drawn swords, and had undoubtedly dispatched me, had not my wife stood betwixt me and them, and one young fellow especially I took notice of, who run several times fiercely a tilt at me, and had undoubtedly destroyed me, but for the ingenuity of the Lieutenant belonging to the Captain of the guard, which fellow upon inquiry, I found to be the Ensign to the Captain of the guard, and as I was led away, I found my old acquaintance, Captain Groom very active against me, and to set up Slavery and Tyranny, veryfying that proverb, that set a beggar on horseback, and he will gallop, and drive more furiously than he that is acccustomed to riding.  
So being necessitated to yield up at present, the liberties and freedoms of England, to the tyranny of that House of Commons, and the Soldiers of that General, who raised and commanded an Army pretendedly to fight for and preserve the liberties of England, and in divers of their Declarations have imprecated the wrath and vengeance of Heaven and earth to fall upon them when they cease so to do, And truly did I not consider there is a just, righteous, and powerful God in Heaven, that is able to perform upon these men's heads, their own prayers, I should even be overwhelmed with sorrow and grief at their unrighteous, blood thirsty, and cruel deal with me. And being with a guard of Soldiers by water, brought to the Tower, and discoursing with Col. Titchburne the present Lieutenant of the Tower, I became engaged upon my perrowle, to be a true prisoner, and he became engaged to use me with all civility and respect, which truly from himself I have at this bout no cause to complain of, but yet notwithstanding ever since by his Warders at the gate, my friends have been contrary to the laws & liberties of England, very much restrained for coming to me, & have often been forced to stay an hour or two at the gate before they could get a Keeper to come up with them to me, and divers have had from them very base and provoking language, and others have been forced to go away without access unto me, so that I am in some sense in the nature of a close prisoner, robbed by men in greatest authority of my estate and propriety, robbed of my liberty, and of the free access of my friends unto me, in my great and almost unsupportable captivity, so that if it be not immediately mended, I must be necessitated and compelled whether I will or no, to cry out in the next to all the free men of England, as loud as I did in the Bishop's time, in my Epistle to the Apprentices of London of the 10. May 1647. (which I caused on their play day to be thrown in moorfield's amongst them) Murder, Murder, and Murder, and provoke every English man that hath the spirit of a man in him, to importune (with loud cries) the Parliament to do me justice and right, so far as I have Law and justice on my side, and to punish or destroy me without mercy, so fare as by law and justice I have deserved it, which is all the courtesy I crave at the hands of all the men in England, and resolved I am by God's assistance, never to sit down in silence so long as they so murderinly and tyrannically (as they do) tyrannize over me, let the issue be what it will, I value it not, having long since through the goodness of God learned to die, hoping and strongly believing, that that God hath been my God in six troubles, and in seven hath ●ot left me, will be a loving and careful husband and father unto my poor wife and children, if I ●hould be taken from them, in that distressed mean and low condition they are now in. And therefore M●. Frost, I shall draw towards a conclusion, and according to my promise in the foregoing lines, ●ive you a short breviate of Mr. john Morris his case, as I find it drawn up to his Excellency Sir Tho●as Fairfax, by divers of the late Agents, which thus followeth.  

May it please your Excellency.  
BEing deeply oppressed in our spirits, and overburthened in ourselves, at the manifold doleful outcries and complaints of the people in all parts of our quarter's where we come, uttered against the daily pressures and inroads that are made by prerogative and arbitrary violence upon their Common rights, and in particular the cry and miserable moan of certain oppressed Commoners, to wit of john Poyntz, alias Morris, Esquire, Isabel Smith, john Harris, and Leanord Derby, coming unto our ●ates, that we could not, but (as in duty we are bound) deeply represent their miserable condition, as fellow feelers of their oppressions, and persons liable (when we come into their single capacity of Commons) to the said mischief, and therefore conceiving it our duty to contribute our utmost endeavours for the remedy of the same, we could not but unburthen in some measure our spirits unto your Excellency in their behalves, who in such a horrid and barbarous manner have been abused and supplanted of their common rights, by acts of violence and force, committed by john Brown, Clarke unto the House of Lords, and his accomplicies, under the colour of several Orders surruptuously by misinformations gained from the said House, to the high usurpation and abuse of the name and authority of Parliament, in permitting the image thereof upon his own prerogative outrage and violence, to the total ●uine and supplantation of the just freedoms and birthright, inheritance of the said persons, as the several papers thereunto subjoined for the full information of your Excellency do demonstrate. And for more certain confirmation of our premises, represented by the same, be pleased to consider, that whereas the abovesaid persons, are accused, condemned, and sentenced by the Lords (supprised by Brown's misrepresentations and delusions) to pay 2500. l. fine, and suffer imprisonment, contrary to the regular course of the Laws, during the pleasure of the said House, for forging and framing a copy of an Act of Parliament, touching the estate of the said john Poyntz, alias Morris, pretended to be taken out of the Office of the said john Brown with his hand thereunto, no such original Record as Brown pretendeth to be found in his office, that since the said accusation, another original Record of the said Act of Parliament with other writings and evidences for the said estate, is found in the Court of Wards, and they have gained copies thereof, examined and subscribed by the Master of the said Court and his Clerks, the which with their hands thereunto are herewith presented, and concerning the truth thereof, three of us can also give it upon oath, that the wife of one Godfrey Cade, now prisoner in the Fleet, did declare unto us, that the said John Brown went to the Fleet unto her husband, and gave him 25. shillings in hand, and promised him 5. l. more, and his enlargement, to swear at the Lords Bar, that he forged the copy of the said Act of Parliament, and counterfeited the Clerks hand unto it, and the sai● Cade did also confess the same.  
Wherefore we humbly implore that your Excellency would be pleased to grant the said distressed persons your letter of request, unto the Parliament according to their Petition herewith directed to your Excellency, that the said persons and their adversaries, may be left to the free course and trial at common law, and that in the mean time till the controversy concerning the estate be decided at Law, the said persons may enjoy their enlargement upon Bail, without any further trouble or durance, and the execution of their severe sentence be suspended, and the said Poyntz, alias Morris enjoy peaceable possession of the said estate, like as all his ancestors from the days of Queen Elizabeth have done before him, which request is so reasonable and just, and their condition so miserable, desperate, and dangerous, and of such concernment to the whole Common wealth, that no man, if such exhorbit●ces be not stop and curbed, can have any security in his estate of liberty, that we cannot but promise ourselves your Excellency's con●se●●●●●n of their condition, and readily assent unto their just s● Thus we humbly take our leave, beseeching your favourable construction upon our boldness a● remain  
Your Excellencies most humble Servants and Soldiers, 

Lievt. Gen. R. 

Robert Everard.  
George Sadler.    
Com. Gen. R. 

George Garret.  
Thomas Beverly.    
Col. Whalys 

Matthew Wealy.  
William Russell.  
Will. Samson.  
Richard Daley.    
Col. Riches. 

Will. Hudso●  
john Dober.    
Col. Fleetwood. 

William Priar.  
William Bryan.       
Now Mr. Frost to conclude all at the present, I shall desire you to ask your grand Senior Cra●well, whether he intends forthwith, to become an absolute brother to the great Turk, and to set up ●mongst us in England his absolute tyranny, and the reason why I desire you to do it, is because hear he lately near the Parliament, met with on William Thomson, a mere Commoner and no Soldier, and without any affront given him by the breath of his mouth, committed him prisoner to 〈◊〉 Mercenary lanisaries at Whitehall, and have since passed a sentence upon him, at a Council of War● to be shot to death, over whom he hath no more jurisdiction than the great Turk hath, and now kee● him close prisoner in Whitehall, without use of pen, ink, and paper, where it is said he intends th●ly to murder him, for no other crime in the world, but only because he hath more honestly in his li● finger, than Cromwell hath in all his body. So being in haste, letting you know I intent to visit yo● again, and your silly Comrade William Prinn shortly, for writing his late silly book for the supporta●on of the Lords rotten and illegal jurisdiction, and so I rest.  
Your Antagonest, John Lilburne.  
FINIS.