The Innocent Man's first Proffer. OR, The Proposition of lieutenant colonel John Lilburne, Prerogative Prisoner, in the Tower of London, made unto his present Adversaries, and to the whole Nation of England, Octob. 20. 1649.  
For William Hevenningham Esq. of Hevenningham, in Suffolk, these Present.  
HAVING sometimes the opportunity to discourse with you, there appeared that in you unto me, that gives me encouragement to pick you out above all men that now remain sitting in your House, to write a few Lines unto, in as moderate a way, as my Condition and my Provocations will permit me: I have now within a very few days been seven monneths a Prisoner, the legality or Illegality of which I shall not now discourse, having already of late said ●o much in my own Defence 
* See my Salva Libertate sent to the lieutenant of the Tower in September last, and my Discourse with Master Prideaux, entitled, Strength out of Weakenes●●.  grounded upon the Law, your own Declarations, and the Armies; which with other things (it seems) hath occasioned your House to pass a special Commission of Oyer and Terminer, to Try me; which whether such a special Commission, made by never so unquestionable an Authority, be not contrary to the Petition of Right (which you have so often sworn, and particularly Declared to maintain inviolably) I shall for brevity's sake not now dispute; only give me leave (and I hope without any offence) to put you in mind of that excellent and Printed Argument (in speeches and passages of Parliament 1640. 1641. page 409, 410, 411, to 417▪) of Master Hides, your quondam fellow-Member, before the Lords in Parliament, as the than Mouth of the Commons-House, in April 1641, upon the special Commission of Oyer and Terminer, that was exercised in the five Northern Counties at York, in which argument, besides many excellent and observable passages about the midst of it he Interrogates and saith: What hath the good Northern people done, that they only must be disfranch●zed of all their privileges by Magna Charta and the Petition of Right, for to what purpose serve these Statutes if they may be fined and imprisoned without Law, according to the discretion of the said Commissioners (of special Oyer and Terminer) what have they done? that they and they alone, of all the People of this (then) happy I sland, must be disinherited of their birth right, of their Inheritance?  
I sh●●l at present make no application for myself, only I shall add a few more of his Lines towards the conclusion of hi● Argument in page 415, which I hope cannot be offensive, being spoke by him that was so eminently Authorized thereunto▪ where he saith to the Lords:  
Truly my Lords, these vexed, w●rne, People of the North, are not suitors to you● Lordships to regulate this Court (of special Oyer and Terminer) or to refo●me the Judges of it, but for exti●pa●ing th●se Judges, and the utter abolishing this Court; They are of Cato's mind, who would not submit to Caesar for his life; saying▪ he would not be beholding to a Tyrant for Injustice; for, it was Injustice in him to take upon him to save a man's life, over whom he had no Power. Which Court of special Oyer and Terminer was absolutely and totally abolished by that excellent Act that abolished the Star-Chamber being the 17 of the late King an. 1641.  
But Sir, If it shall be objected against me that you are necessitated to take such an extraordinary course with me, as a special Commission of Oyer and Terminer is, because I will not own your authority: Yea, and i● I so continue, to deal with me as you dealt with the late King. Unto which at present I answer, First, the King's Case and mine is different, for he refused to answer to his Charge principally out of ●his consideration, Because he had inherent in him an old received Principle (as appears in his answer to the Petition of Right anno 1627. and in many of his Declarations made since the beginning of the late wars, and by his Speeches at his Death, by virtue of which, he judged himself as not liable o● capable of being Judged by any Power on Earth, but only by God alone: And as being in any sense, not in the least, for any Action he did (though in itself never so vile) subject to the punishing part of the Law.  
Now, for my part, I ●oe not in the least, refuse to be tried out of that consideration, for I acknowledge myself but a bare Englishman, subject to the laws thereof, as well in the Penal as in the Directive part of them, unto the ordinary rule of which, with all my heart, I am willing to stoop, and wish my adversaries would do the same, and then I believe the controversy would not long last betwixt us.  
But seeing betwixt my Adversaries and myself there is a difference about the legallity and Justices of Power, which in some late printed Papers and popular Discourses, is made use of against me, as though I had a self conviction in my own Conscience, of my own guilt, and therefore to avoid, as much as in me lies, a trial.  
To ●ake off which, and to lay myself, and my Adversaries nakedly, and fully open to the Judgement and Censure of all ingenious and rational men in England. I do hereby, under my Hand and seal (for that end it may be showed to your House) Proffer you, beside what I lately Proffered Mr. Prideaux, which is contained in the 18, and 19, pages of the substance of that Discourse now in Print, and here enclosed; That I am willing and ready, if they please, to choose one of your own twelve Judges, that sit in one of the three public Courts at Westminster, and all or any of my Adversaries shall choose which of the eleven remaining they please, and I will freely and voluntarily, oblige and b●nd myself under my hand and seal before witnesses, to stand to their final and absolute determination (upon the P●●nciples of Law) for all differences betwixt them (or any of them) and me, although it reach to bannishmen●, loss of Estate, Limb, or Life, so my adversaries will do the like:  
Provided, the hearing may be open, public, and free, indifferently for both parties, and that the Judges give their Judgement in writing under their hands, with their reasons for their so doing to every point of their Judgement. And,  
Provided I may for my own benefit, use, or advantage; choose two▪ friends, freely to take, as well as their pens will enable them, all that passeth, pro and con, without danger to their Persons, Liberties or Estates; or without hazard of having their papers (by force or authority) taken from them; and this I think is as fair as any rational man under Heaven can desire, and which I cannot believe you can judge to the contrary, especial●y considering it is so consonant to that righteous Rule of the son of God (Jesus Christ) contained in the Scripture (the volume of truth) viz. to do as you would be done to, which is the sum of both the Law and gospel, and of all righteousness amongst men.  
And I hope this is so fair, that those that most thirst after my blood cannot, nor will not refuse it. But to make it more f●i●e if they judge it inconvenient to fix upon two of your own Judges (who in Interest are positively engaged against me) I will be content they shall choose one Sch●●ller, commonly called a Clergy man, and I will choose another, or a citizen, or a countryman (which they please) and I will do the like.  
So with my humble service presented to you, craving pardon for my boldness in troubling you, with whom I have had so little face to face acquaintance, earnestly entreating your utmost Interest speedily in acquainting your house herewith, in the publiquest manner you can: I commit you to the Lord my God, my protector and preserver, and rest,  
Yours (desirous particularly to be engaged to serve You) JOHN LILBURNE. From my Captivity, & Bodily-Bondage in the Tower of London, Octob. 20. 1649.  
Courteous Reader,  
SInce I sent the foregoing Epistle, I understand that Wednesday next being the 24. of Octob. 1649. is positively resolved by my Adversaries, to be the day of my trial, and therefore I cannot choose but publish this in print, and because a late Pamphlet-scribler, and pretended vindicator of S. art Haslerig, said to be Mr. Thomas May, the council of state's pensioner, renders me in his late false and lying book to be an Atheist, a denier of God and the Scripture, and given up to all licentiousness, and an absolute Confederate with Prince Charles, to set up his absolute Will and Prerogative in this Nation; & therefore not knowing whether my Life will be mine so long till I am able to publish a Vindication at large, against his base calumniations, I shall desire you to take this at present, and if I die before more come, let the constant Series of my Actions and Writings be my future testators) That if to believe constantly all that is contained in the Law and the gospel, and to have confident hope of the Resurrection of the Dead and the Life to come, and particularly of my own, and to live Conscientiously in all good Conscience, as in the sight of that God that searcheth and knoweth the hearts of all the sons of Men, both before God and Men, be sufficient cause to be judged an Atheist, &c. than I am one. And if to oppose, with all my might and strength, all Interests whatsoever, that would set up a single man, or more, to rule and govern by Will and Pleasure, without bounds, limits, check or control, be sufficient grounds to be judged a cavalier, and for Prince Charles, then must I Ingenuously confess I am such a cavalier, &c. and I hope so to die, for which I bless God I am ready and fitted, let it be by what butcherly hands it will.