London's Liberty In Chains discovered. AND, Published by Lieutenant Golonell JOHN LILBURN, prisoner in the Tower of London, Octob. 1646.  JER. 22.15.16.17. 
Shalt thou reign, because thou closest thyself in Cedar? Did not thy Father eat and drink, and do judgement and justice, and then it was well with him?  
He judged the cause of the poor and needy, than it was well with him: was not this to know me, saith the Lord?  
But thine eyes and thine heart are not, but for thy covetousness, and for to shed innocent blood, and for oppression and violence to do it.  
Therefore thus saith the Lord concerning jehoiakim the son of josiah King of judah, They shall not lament for him, saying, Ah my brother, or ah my sister: they shall not lament for him, Ah Lord, or ah his glory.  
IT is to be obsebserved, That the illegal election of great Ministers and Officers for the administration and execution of Justice, and where the people have been and are deprived of this their just right and liberty; there have ever all act●ons and practices of injustice and oppressions abounded: Freedom and Liberty being the only Jewels in esteem with the Commonalty, as a thing most precious unto them, and meriting that men should expose themselves to all danger, for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever.  
For prevention therefore of these mischiefs and miseries (which through evil government of magistrates by their injustice and other oppressive practices) do usually fall upon Kingdoms and Cities. And for that all lawful powers reside in the people, for whose good, welfare, and happiness, all government and just policies were ordained: And forasmuch as that government which is violent and forced, (not respecting the good of the common people, but only the will of the commander) may be properly called Tyranny: (the people having in all well ordered and constituted Comon-wealths, reserved to themselves the right and free election of the greatest Ministers and Officers of State.) Now although the tyranny whereby a City or State oppresseth her people, may for the present seem to be more moderate than that of one man; yet in many things it is more intolerable: And it will clearly appear, that the miseries wherewith a Tyrant loadeth his people, cannot be so heavy as the burdens imposed by a cruel City.  
Therefore all free Cities, lest their government should become a tyranny, and their Governors, through ambition and misgovernment, take liberty to oppress and enslave the people to their lusts and wills; have in their first Constitutions provided, that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City; and no longer to continue then a year, (as the Annual Consuls in Rome.) By which moderation of Government, the people have still preserved their ancient Liberty, enjoyed peace, honour, and accord: and have thereby avoided those calamities incident to people subjected to the Laws and Arbitrary Dominion of their insulting Lords and Magistrates (or Masters;) of all which this Honourable City, and Metropolis of this Kingdom, upon the first erecting of this Island into a Monarchy, or Kingdom, by that valiant, wise, and victorious Prince, Alfrede, who first freed the Land from under the Danish yoke and slavery, under which it had a long time groaned; did with the approbation of their King, and States, then assembled in Parliament, for their well-being, and more peaceable good government, agree, and by a perpetual law, ordain; That all their Governors, and Magistrates, should be Annual and Elective, by the free votes of the free men of the City, Then, and Yet, called by the Names of Barons, and Burgesses of London, as appears by their general Charters of Confirmation of their Liberties, by several Princes (before and since the Conquest) although in process of times, their Titles, and Names of their Offices, be changed; yet the power and right of election still remains, and aught to continue in the body of Commonalty, and not in any particular or select persons of any Company, or Brotherhood whatsoever. And for illustration, and more clear manifestation hereof, I need none other Evidence, or Proof, than the Charter of King John, granted to the Citizens before the Incorporation of any Company: The first Company that was incorporate, about the year of our Lord, 1327. being more than an hundred years after the date and grant of the aforesaid Charter; which hath been since by sundry Kings and Parliaments confirmed. Their Charter I have here set down at large; which, compared with the Protestation, will make good your right, and Justify your claim to vote In electing the Major of this City.  

The Charter.  
IOhannes Dei gratia Rex Angliae, Dom. Hiberniae, Dux Norman. Aquitania, & Comes, Anjou. Archiepisc. Episcop. Abbatis, Com. Baron. Justice, Vic. Prapositis, & omnibus Ballivis fidelib. suic. Salutem, Sciatis nos concessisse, & praesenti Charta nostra confirmassa Baronibus nostris de London, quod eligant sibi Majorem de seipsis singulis annis, qui nobis sit fidelis, discre●us & idoneus ad regimen Civitatis: ita quod cum electus fuerit; nobis, vel Justice. nostro, si praesentes non fuerimus, praesentetur, & nobis Juret fidelitatem▪ & quod liceat eis ipsum in fine Anni amovere, & alium substituere si voluerunt vel eundem retinere. Ita tamen quod nobis ostendatur idem vel Justice. nostr. si praesentes non fuerimus. Concessimus etiam eisdem Baronibus nostris, & hac Charta nostra confirmavimus quod habeant bene & in pace quiet & integre omnes libertates suas quibus hactenus usi sunt, tam in Civitate quam extra tam in terris quam aquis, & omnibus aliis locis. Salva nobis Chamblengeria nostra. Quare volumus & firmiter praecipimus quod praedicti Barones nostri Civitatis nostrae London eligant sibi Majorem singulis Annis de seipsis praedicto modo: & quod omnes praedictas Libertates, etc. been & in pace habeant sicut praedict. etc. Testibus, etc. Anno regni decimo sexto.  
JOHN by the grace of God, King of England, Lord of Ireland, Duke of Normandy, Aquitain, and Earl of Anjeou, To his Arch-Bishops, Bishops, Abbots, Earls, Barons, Justices, Sheriffs, Stewards, and all his Bailiffs, and faithful Subjects greeting; Know ye, that We have granted, and by this present Charter, have confirmed to our Barons of London, That they may choose to themselves every year a Ma●o● of themselves, who is faithful to Us, being discreet and fit for government of the City. So that when he shall be chosen, he be presented to Us, or to Our Justice, if We be not present, and swear to Us fidelity, and that it may be lawful for them at the end of the Year, to remove him, and and appoint another, or retain him, if they please; yet so, as the same be showed to Us, or to Our Justice, if We be not present. Moreover. We have granted to Our said Barons, and by this Our Charter have confirmed, that they may well, and in peace quietly and fully have and enjoy all the Liberties which hitherto they have used, as well in the City as without: in the Land as in the Waters, and in all other places, saving to Us Our Chamberiege; Wherefore We will and firmly command, that Our said Barons of Our City of London, may yearly elect a Major of themselves, after the aforesaid manner, and have and enjoy, well and in peace, wholly and fully, all their said Liberties, with all things appertaining to the same aforesaid; Witness, etc. in the 16. Year of Our Reign.  
Wherein is fit to be observed. 1. That all the Freemen of London be all and every of them Barons, being so entitled and ordained by the Kings Grant or Charter. 2. That every of them hath his free Vote in the election of their Major. 3. That they have liberty to choose any Baron or Burgess from amongst themselves, without restriction or reference to any particular person or persons, or to any other Fraternities of Aldermen, Common-council men, or any other particular Gown or Livery-men only; so as he be faithful, discreet, and such as they judge fit to govern. 4. That no Major may continue in office above one year, without a new Election. 5. That Aldermen were likewise eligible by the Commonalty, and but to continue for the year, Patent 22. Edw. 2. No: 2. Cook 2. Part Institutions, fol. 253. 6. Sheriffs are only eligible by the Barons or Burgesses of the City, as appeareth by by the Charter of Henry the 3. made in the 11. Year of his Reign, confirmed after by Henry the 5. Charta de 2. Hen. 5. Part. 2. No. 11. But of late years the Aldermen and Common-council of this City, by their power and policy, have invaded your rights and just privileges, and contrary to the fundamental Law of the Land, & the ancient customs of the City, most injuriously have betrayed the trust reposed in them: spoilt you of your Liberties: taken upon them (of themselves, with some selected Companies) without the free vote, the rest of the Barons or free Burgesses (the Commonalty) of this City, the sole Power & Government of the City, changing and altering your Laws and Customs at their pleasure, and choosing of Majors and Sheriffs, such, and whom they pleased, hindering and prohibiting all others (who ever had the like equal right and interest with them) to have their Votes in the choice and election of the Major and Sheriffs. Whence have ensued many calamities and miseries, even to the endangering of the utter overthrow and desolation of this most famous and honourable City of Europe, being wholly disfranchised of those liberties, and immunities, which even the meanest Burrough or Corporation in England now enjoyeth.  
Hence, by their craft and policy, have so many Monopolies and Patents under pretext of public good, been brought in, and set up to the ruining of thousands, and great decay of Trade & Traffic, bringing in and countenancing of Arbitrary Laws, and unlimited Power and Government, and whereby Tyranny, Injustice, and Oppression, have without control been exercised and practised by these your late Governors and Rulers, as well as by those your former Governors and Magistrates, not by the Commonalty.  
Were not the Land-Money, Ship-money (and many other illegal Taxes and Impositions) with rigour and force exacted of you Citizens by these your illegal Governors? Were not many of you free Barons of this City (for refusing to pay those exactions, and to part with your estates by such illegal tyrannous courses) imprisoned by these your Governors (thus illegally forced upon you without your own free Election?) Were not the cruel Edicts, and bloody tyrannous Decree of the Star-Chamber, High Commission, and Council-table, withal readiness in a compulsive Torrent executed? Nay, to reckon up in particular, the several cruelties, exactions, oppressions, insolences, violences, and the illegal practices and proceed of these your Magistrates, and their subordinate Ministers; would require a particular Tractate, which I rather desire might be buried in Oblivion, by a timely restauration of you to your ancient and just freedoms in electing your own Officers. But if still you be denied Justice, and may not enjoy your due and accustomed privileges; I shall be occasioned to remonstrate at large, and in particular, set forth your several heavy burdens, harsh deal, great grievances, and several encroachments upon your Franchises: how, and by whom your Rights and Liberties have been invaded: and how you are enslaved, that were, and are (or at least of Right aught to be) free Burgesses and Barons, but now captivated to the Laws, covetous Lusts, and the arbitrary unlimited power and dominion of your illegally imperious lording Magistrates.  
Therefore, for the present, I will insist only upon the manner of the election of your now new Lord Major: The Narrative whereof will fully discover, how much the Barons of this City suffer, and that by their long forbearance, or rather neglect, to own and claim their just privileges and immunities (if they stoutly stand not up) and resolve to be no longer rob and spoilt of their Birthright and Inheritance; They are, and will be then in danger to be reduced into a condition worse than ever any of your Progenitors, were, under the Bastard Norman Bondage. For indeed, you Citizens are but freemen in name, as in truth this your giving up yourselves to the power and government of men, without your free and public choice and approbation, demonstrates: and therefore (truly) you can be accounted none other then mere slaves to your thus elected Governors, as the rest of the whole Nation is become, unto Lawyers, Attorneys, Clerks, Solicitors, and cruel Jailers, and such instruments of contentions, by whom the peace and flourishing State of this Kingdom is quite devoured and the people wholly enslaved to their wills; for truth hereof, I appeal to all the Inhabitants of every county throughout this Kingdom, whose estates, purses, and persons, have for these many score of years groaned under the inhuman burden thereof; all which, is farther demonstrated unto us all, the Inhabitants of this Land, by the (still continued) frequent, unjust, and illegal Commitments of your fellow-Citizens, and all the free Commoners of England to the several murthering-houses (styled Prisons) in this Kingdom, aboundnig in cruelty, murder, and oppression: being most wickedly and powerfully countenanced and supported by their Potent Adherents.  
I have showed you, how by right, the meanest Baron of this City of London (by their Charter) hath as good right to have his vote in the Election of the new Major, and other the subordinate Officers, as the Lord Major, or any Aldermen (for the time being) with their Golden Chains. Notwithstanding, this undoubted Right be acknowledged; yet is it denied to the people upon bare surmises, and vain pretences of danger, by tumults and disorder, if the same should be yielded unto, which in truth is, but a poor allegation, and frivolous excuse: The vanity and weakness whereof, must needs be apparent to any who is impartial, and not carried aside with desire of Rule, through Ambition, and blinded with affection, or beastly besotted, and against Nature and Reason, loving Bondage more than Liberty. For what mischief (I pray you) do we find, or have we ever heard of in any Town, City, or Corporation, (where the Citizens have, and enjoy this freedom) of any disorder or tumults that have grown thence?  
Were not the Sheriffs (till now of late) ever chosen by the freeholders' in full County? & yet we find not that choosing to have been complained of but rather (only) by Prerogative Power taken away to defrauding the people of their free choice due & of right belonging unto them, by the great Charter of the Kingdom. And how are the Commons and Burgesses now assembled in that High Court of Parliament, elected? Whether by the Sheriff, and some few selected Grandees of each County, or by the Majority of voices of all & every the Freeholders' that will appear, & give their votes upon the day assigned by Proclamation, if our great Senators come in place, and be chosen by the general and free voice of all, and not of a few (like some) which hath been the right manner of Election from the first establishment of this Kingdom, and so hath continued to this day, being conceived to be the best form of Government, and so hath been found to be by approved experience? For, did Rome ever so flourish, as when, not any thing was done but by the Senate and People there? But of this, expect a larger Discourse.  
I pray you, whence have we fetched this new wisdom? Surely, not from above, but beneath; it being none other then Satanical pride in thus despising their fellows, and free Commoners. For these can be of no other spirit, but such as affect Tyranny, Injustice, and Oppression: And being thus, is it not then a lawless Dominion, and so, not of God, but of the Devil?  
But let us now say somewhat of the election of the Mayor upon the 29. of September, 1646. the day assigned for electing the Mayor of London; at which time Mr Wansie, a Citizen and Baron of London, came to the Guild-Hall, London, the place appointed for electing the Lord Mayor for the year ensuing the door of the Hall being kept shut) the Marshal of London, who was with divers others, standing with staves, to keep the door: But Mr. Wansie, with divers other Citizens of London, desired, that they might have liberty to go into the Hall; telling them, that they came with intent to pass their free votes in electing the new Lord Maior. But could not by any means obtain liberty to enter the Hall, (although by them earnestly desired) but were kept out forcibly with Halberds, Bills, and Staves, upon a special command of the now Lord Maior, Thomas adam's: Whereupon the said Citizens having framed a Protest, (which they intended to deliver in the open Court) the said Mr. Wansie having the said Protest in his hand, and reading it to the rest of the Citizens there present; the said Marshal thereupon with force, and much violence, laid hold on him (with the said protest in his hand) and dragged him into the Guild-Hall, and kept him there as a prisoner for the space of an hour, until the Lord Maior, and Aldermen came from the Sermon: and then he was brought before the Lord Maior, and Court of Aldermen; who there examined him strictly about the said Protest; demanding where he had it, and who delivered it to him. And th●● they all threatened him very violently, that they would send him to Newgate. But he answered, That he knew not the framer of it, nor him that delivered the said protest unto him: and then also affirming, that he and the rest of the Citizens, intended to have subscribed it, and then to have delivered it unto h●s Lordship, and the rest of the Court. But the said Protestation was derained from him. And he thereupon dismissed for the present, with engagement by promise, that he would attend his Lordship the day following. But for more assurance, his Lordship sent an Officer for him (as for a Delinquent.) Upon whose appearing before the Lord Maior, the said said Martial made a great complaint against the said M. Wansie, for saying that he would question him the said Marshal for abusing him, as aforesaid, being very earnest with his Lordship to have him committed. But the Lord Maior and some of the Aldermen for that time, dismissed and let him go.  
Thus you may see how imperious this Marshal is (being none other then a mere vassal or servant unto the Citizens of London) showing and expressing his disaffection to all honest and good men, in the highest nature.  
After the thus election of the Lord Maior, the Livery men departing, and the Court not risen, the Hall door then being opened; the Lord Maior, Thomas adam's, gve command to the Constables and Halbert-men then standing at the door, that they should take care that no Cloakmen should come in; fearing, as it is conceived, lest the Citizens should come in, and protest against that unjust and undue election of the new Lord Maior.  
This brief relation, that made unto you, may be a sufficient discovery of the intentions and sinister ends of your great Masters, to continue you still under an enforced slavery and subjection, who esteeming you no other than as objects, & as unworthy to have any thing to do in the choice of your own Officers, withholding from you your Charter of Liberties, and Franchises, the more to blind you, and keep you in ignorance, that they may the better carry on their designs against you, for the continuance of your thraldom, and to hold your necks under their yoke.  
The very relation of the bad usage of M. Wanfie, with the manner of the election of the Mayor, compared with your Claim of Right, and Protestation against the same, is sufficient to show & plainly set forth the illegality thereof, to which you cannot submit, without betraying your own Liberty. Your Protestation being in my hand, I held it my duty no longer to conceal it: but for your common good to publish the same, hoping, that as you have freely fought for your Liberties, sworn to 〈◊〉 your Liberties, and largely contributed to the State to enable them to protect you in your Liberties: so you will not sit still, and pass by this injury and indignity of those that would and do make themselves Lords and Masters over you, by violence 〈◊〉 wrong. But instantly adhere to your Protestation, conclude the claim of your right, and with courage and resolution, maintain and preserve your just and undeniable Liberties and Privileges, which are thus unjustly extorted, and kept from you by fraud and force, lest it be said in after ages; These were the men, these were the Fathers that durst not, would not, own their Liberties and Rights: These were the men, who when a free Parliament were sitting, subjected them, and their Posterity to voluntary slavery. If you neglect this opportunity, and advantage offered you, for the regaining of your Liberties, and recovery of your Birthright (the Law;) the loss will be irrepayable, irrecoverable, bringing with it certain ruin, & unavoidable vassalage upon you, and your whole City; yea, though I am not a Citizen, yet no stranger, nor foreigner, but a freeman of England, who hath freely hazarded all, for the recovery of the common Liberty, and my Country's freedom; and it is no small grief unto me; yea, it lies more heavy upon me, than all other my troubles undergone, to see our Nationall and Fundamental Laws, Rights, and Privileges, thus trodden under foot, even by those, by whose endeavours we expected a restauration of the same. Oh! the unexpressable misery, and besotted condition possessing this Nation, that we should be so regardless of ourselves and Posterity, as thus in, and by cowardly silence, to betray ourselves, and to beget Children, to live and remain (by our means) Bondmen, and Bondwomen; yea, Slaves.  
Look but upon your industrious Neighbour-Nation, the Netherlands, how for a long time, under fair and colourable pretences; (As Conformity, and Religion,) they were spoilt of their Lives, Liberties and Estates. But at the length, they discovered the cunning and crafty deal and devises of the Bishops, and their Clergy, whom the Spaniard promoted, and used as his Instruments, by whom he intended to bring those Countries under the power of his Sovereignty, and cruel will. These your Neighbours were constrained to knit themselves together by Bond and Oath, to stand up for their common Liberties, and Country's safety, leaning every man (in matters of Religion) according to that common Principle, Religio suadenda non cogenda, Religion may be persuaded, not forced; & the good success they have had therein, and tranquillity and security they thereby enjoy; may be great encouragement to us, not to despair of the recovery of our Native, and just Freedoms, and by the like means to put an end to these our troubles, & unnatural oppressions, if we will but tread in the same steps, each one labouring in his place to preserve the common Liberties and Laws of the Kingdom, which makes us indeed true freemen, without seeking, or endeavouring to Lord it thus (as now we do) one over another's faith; your Brethren, together with you, and all the Commons of England, have an equal interest, and property in the Law, being all of us freeborn Englishmen.  
Therefore look about you, and be no longer deluded to be by a mere shadow of greatness and flattery, fooled into slavery; But according to your Protestation, endeavour to preserve, or rather recover your lost Liberties, which under conformity, and other specious pretences and glosses, you have been long deprived of: Till when, expect not any Justice or Right to be done unto you: For, it is impossible, for those that have reduced you to this slavery, to degenerate so far from themselves, as to maintain or give you any assistance or countenance, in standing for liberty, until they lay down their Offices and Functions, which they all this time have unjustly usurped, and intruded themselves into. I will forbear to insist further upon this matter for the present, being ready and willing, if any should presume to question the Citizens just rights, in the election of their Major; upon the peril of my head, and forfeiture of my life (if I be called thereunto, and may have a just and equal hearing) to prove and maintain, That it is the just and due Right and Liberty, for any free Citixen and Baron to give his vote in the election of the Major, and Sheriffs, and other the public Officers: the same being grounded upon the Law of God and Nations, and agreeable, as well with the Fundamental Laws of this Kingdom, and Customs of this City, as by the Charter and Acts of Parliament (yet unrepealed,) is confirmed.  
But one thing I cannot pass by (which may cause some scruples) which is thi●▪  
By the words (Barons of London) mentioned in King John his Charter, Whether, all, or but some special Citizens of note, are to be understood; to be the Electors of the Major and Sheriffs of London;  
That all and every Citizen is there meant and employed; The very words of the Charter itself clearly manifest: For, the Liberties there granted by the Charter, are to them all as Barons, and not otherwise, nor to any other particular persons of any Society: Yet the same may be farther cleared, thus in that before the Conquest; all Freeholders' of this Kingdom, (as well as in Scotland, are yet to this day) were called Barons; and therefore saith, Lamb. fol 128. and 136. Courtbaron is so called, because amongst the Laws of King Edward the Confessor, it is said thus, Barones vero qui suam habent Curiam de suis hominibus, etc. Barons are those who have their Court for their Tenants or men. And this Jurisdiction hath every Freeholder, according to Mirror, C. 1. Sect. 3. & chesoun, free Tenant use jurisdiction ordinary: every Freeholder hath this ordinary jurisdiction; and the name Baron in the eye of the Law hath relation to Freeholders', saith Sir Edward Cook 1. Part, Institut. fol. 58. and in very ancient Charters and Records, saith he, The Barons of London, and the Barons of the Cinque-Ports, do signify, the Freemen of London, and the Freemen of the Cinque-Ports, Cook ibid. All which, I desire may be taken into due consideration: which, as I writ the Protestation, so this I have published for the good of this famous City, and for the benefit of all the Barons thereof; and if you will own this your right, and not suffer yourselves to be brought into voluntary servitude; I shall be encouraged to make a farther discovery of the Privileges and just Rights, now unjustly detained, and holden from you.  
By the Contriver of the Citizen's Protestation, here following.   

The Copy of the Protestation made by the Citizens of London, the 29. of Septemb. 1646.  
The right and claim of the Freemen Citizens, and Commonalty of the famous and most ancient City of London, for their Votes in the election of their great and highest Officer, the Lord Major, etc. With their Protestation against the election of such, who shall be elected Majors, as illegal and destructive to the Liberties and Privileges of this City, if in case the Commonalty, and Freemen thereof, or any of them, be denied, and not admitted to have their Votes in the Election.  
WHereas this City hath had, and enjoyed before, and since the Conquest, many great and notable Franchises, Custom, and Privileges, often and sundry times confirmed, as well by the Laws and Statutes made in the several Parliaments, as by the several Charters of the Kings and Queens of this Realm appeareth; amongst which, it hath been an ancient and laudable custom▪ (Time out of mind) for all, and every the Freemen and Citizens of London, in the annual elections of the Majors thereof, to have their votes, as formerly they had, 
Porte Grave, signifieth the Governor, & safe Keeper of the City, or Town gates.  in the election of their Porte Graves. In whose place and office, the Major succeeded; as appeareth by the Charter of King John, granted in the sixteenth year of his Reign, where he granteth to the Citizens, Liberty and Authority to choose yearly a Major out of themselves, Cook the 4. Part, Institut. fol. 253. Printed by Authority of this present Parliament.  
Which Custom, of Election of Majors, by majority of voices of the Freemen and Commoners of the City, agreeth with the Fundamental Law of this Kingdom, and the manner of election of Majors, in all other the Cities and Burroughs of this Realm as Coroners, were, and are chosen in full County, by the Freeholders' of each County, Inter leges Edward. Sanct. Chap. Lambert, folio 136. Artic. super. Charta, chap. 8. & 10, etc. The Major is Coroner within the City of London.  
Now, forasmuch as we be Freemen, and Commoners, and Burgesses of this City, and so have right, and aught to have our Votes in the election of the Major; Do hereby claim, and demand, as our Right, Custom, and Privilege, to vote in the election of this present Major to be chosen; and do likewise hereby signify, That for the same end we are come hither, to give our free votes in electing a Major for the ensuing year, if we may freely, without molestation, disturbance, and interruption, do the same, according to the Statute of Westminster, the 5. chap. the 9 of Edward the 2. 14. The words whereof are these;  
And for that Elections ought to be free; it is ordained, upon pain of great forfeiture, That no Noble man, or other, by force of Arms, neither through malice or menacies, shall hinder to make free Elections in Counties, Universities, Cities, Corporations, and other places, Cook 2. Part, Instit. fol. 169.  
And forasmuch, as all the due, just, and accustomed Privileges, Franchises, Liberties, and Immunities of this City, are confirmed by this present Parliament, The Petition of Right, And Magna Charta, the great Charter of Liberties, where it is said, That the City of London shall have and enjoy all its ancient Liberties, and Customs, Mag. Chart. chap. 9 and the 28. of Edw. 1. E. 1.  
And although it may seem, by reason of some undue elections of late years made, through usurpation of some few, who by power and menacies, hindering the free Elections, not suffering us the Freemen and Commoners to give our votes upon choosing and electing the Majors to be a Bar, let, or hindrance to this our present voting; yet the same doth nothing at all prejudice our Rights, but rather aggravates the wrong done unto us: For there is a beneficial Statute (yet unrepealed) made for the strengthening and preservation of our Liberties and Rights, which no other Corporation hath that we know of; Whereby it is enacted, That the Citizens of London, shall enjoy all their whole Liberties whatsoever, with this clause, Licet usi vel abusi fuerunt, Although they have not used or abused the same, and notwithstanding any Statute to the contrary, Parl. Rot. R. 2. N. 37.  
Therefore, if we may not be admitted, being Freemen and Citizens of London, to enjoy our due and accustomed Privileges and Liberties, to have and give our free votes in the election of the Major, we being by Parliament enjoined, and by Oath and Protestation bound, to our uttermost power, to defend and preserve the lawful Rights and Liberties of the People; Do declare and protest against all such who shall any-wise hinder us, or any of us, in a free way, to vote in the electing of the said Major; as oppugnors and violators of the Laws and Liberties of the Kingdom, and destroyers of the Privileges of this ancient Metropolitan City, and shall by all lawful ways and means, labour to bring them to condign punishment, for such their offences.  
And we do hereby declare, and protest against the Major, so unduly and illegally elected, being chosen without our free Votes and consents, who have right, and are come hither to give in our free votes, if we might have freely, peaceably, and without let or trouble done the same, always acknowledging our obedience, and shall be ready, with all alacrity and cheerfulness to manifest the same, to our lawful Magistracy duly elected, in all their just Commands.  
LONDON.   

A Postscript written by Lieutenant Colonel john Lilburn, Prisoner in the Tower of London, Octob. 1646.  
THE omnipotent, glorious, and wise God, creating man for his own praise; made him more glorious than all the rest of his Creatures that he placed upon earth: creating him in his own Image, (which principally consisted in his reason and understanding) and made him Lord over the earth, and all the things therein contained, Gen. 26, 27, 28, 29. and chap. 5.1. and 9.6. 1 Cor. 11.7. Col. 3.10; But made him not Lord, or gave him dominion over the individuals of Mankind, no further then by free consent, or agreement, by giving up their power, each to other, for their better being; so that originally, he gave no Lordship, nor Sovereignty, to any of Adam's Posterity, by Will, and Prerogative, to rule over his Brethren-Men, but ingraved by nature in the soul of Man, this golden and everlasting principle, to do to another, as the would have another to do to him; but man by his transgression, falling from his perfection of reason (that Image in which God created him, Col. 3.10.) became tyrannical, and beastly in his principles and actions; the effect of which, we see in Cain's slaying of Abel; for which he was accursed of God, and all things he went about, Gen. 4.8, 10, 11, 12. but God taking mercy of Mankind in some measure, and not executing the fullness of his wrath, in the 9 of Gen. to revenge that beastliness, bloody, revengeful, and devouring temper of Spirit, that, by the fall, had now entered into the Spirits of all Mankind; institutes a perpetual, moral, unchangeable, and everlasting Law; that is to say, That whosoever he was, that would be so beastly, bearish, and Woolvish, as to fall upon his neighbour, brother, or friend, and to do unto him that, which he would not he should do to him, by taking away his life and blood from him; God ordains, and expressly saith he shall lose his life without mercy or compassion for so doing, verse. 5.6. Yea, and afterwards, when he chooseth unto himself Israel, out of all the Nations of the world to be his peculiar people, Levit. 19.15, 16, 17, 18. ordains this for a standing Law amongst them; Ye shall do no unrighteousness in judgement; thou shalt not respect the person of the poor, nor honour the person of the mighty; but in righteousness shalt thou judge thy Neighbour. Thou shalt not go up and down as a Tale-bearer amongst thy people; neither shalt thou stand against the blood of thy neighbour: I am the Lord. Thou shalt not hate thy Brother in thy heart: thou shalt in any wise rebuke thy neighbour, and not suffer sin upon him. Thou shalt not avenge, nor bear any grudge against the Children of thy People; but thou shalt love thy Neighbour as thyself: I am the Lord.  
And when the fullness of time was come, that Christ the Restorer and Repairer of man's loss and fall, should come and preach Righteousness & Justice to the world; He saith, it is the Law, & the Prophets, that whatsoever we would that men should do to us, that we should do to them, Matth. 7.12. Luke 6.31. Yea, and further saith, That as it is the great Commandment, that we should love (our Sovereign Creator, and Preserver) the Lord our God with all our hearts, and all our souls, and with all our minds; so the second Commandment, which is like unto it, is, That we should love our neighbours as ourselves; and on these two, saith he, hang all the Law and the Prophets: So that by this, it is clearly evident, that Religion, Christianity; or the knowledge of Christ, doth not destroy morality, civility, justice, and right reason; but rather restores it to its first perfection, beauty, splendour, and glory: and therefore the Apostle exhorts Saints and Believers, Ephes. 4.17, 18, 19, 20, 21, 22, 23, 24. Not to walk as other Gentiles do, in the vanity of their mind, having their understanding darkened, being alienated from the life of God, through the ignorance that is in them, because of the blindness of their heart. Who being past feeling; have given themselves over to lasciviousness, to work all uncleanness with greediness. But (saith the Apostle to all that love Christ,) Ye have not so learned Christ: If so be ye have heard him, and have been taught by him, as the truth is in Jesus. That ye put off, concerning the former conversation, the old man; which is corrupt, according to the deceitful lusts: And be renewed in the Spirit of your mind. And that ye put on that new man, which after God is created in righteousness, and true holiness; and excellent to this purpose, is that of the Apostle, Col 3.7, 8. where speaking of, and to those that have put off the old man, with his deeds; and have put on the new man, which (saith he) is renewed in knowledge, after the Image of him that created him.  
And therefore the same Apostle layeth down his exhortation at large, and declareth, it is not only the duty of the Saints, to do good each unto other, but as much as in them lies, to do good unto all the Sons of Adam; saying, Gal. 6.10. as we have therefore opportunity, let us do good unto all men; especially, unto them, who are of the Household of Faith. But the greatest good that I know of, that any man can do unto the Sons of Men besides the discovery of the knowledge of Christ, and the benefits and privileges that are to be enjoyed by him; is, rationally to discover the privilege, that is, the Right, Due, and Propriety of all the Sons of Adam, as men: that so they may not live in beastliness, by devouring one another: and not only so, but also to stand for, and maintain those Rights and Privileges in any Kingdom, or Nation, wheresoever they are in any measure established: that so the trusted, made great and potent, by a power conferred upon them; may not therewith (as is too commonly seen) Lord it, domineer over, and destroy by their Prerogative-will and pleasure, the Betrusters: yea, and also to maintain the liberties and privileges established in a Land, by Law, against the encroaching usurpations of some great and mighty Nimrods' of the world, made so by ways and means, more immediately and properly flowing from the Devil, than God: and by their false-assumed encroaching power, tyrantlike tread under their feet, all just, and innocent persons: and protect, defend, and countenance none but those, that will comply, applaud, and assist them, in their brutish, woolvish, and tyrantlike proceed: which practices are contrary to the very end of Government, and Magistracy; as is largely declared by the Apostle, Rom. 13.3, 4. where he plainly saith, Rulers are not (not nor ought not to be) a terror to good works, but to the evil: wilt thou then not be afraid of the power? Do that which is good, and thou shalt have praise of the same. For he is the Minister of God to thee for good: But if thou do that which is evil, be afraid, for he beareth not the sword in vain; for he is the Minister of God, a Revenger to execute wrath upon him that doth evil, but not upon him that doth good. The knowledge of which, in some measure, in my own soul, hath been the true ground, that conscientiously made me out of duty to myself, and neighbours, and obedience to God; stand against, and oppose myself against the Bishops, and with resolution so often since, in the midst of many deaths; hazard my life for my liberties, and the laws, liberties, and rights of all the people of this Land, & which is the only principle that now carries me on in opposition against the Lords: unto whom, as so many men, I have and must confess, I am ten times more obliged, for my own particular, than to the house of Commons itself, having found at their hands several times cordial and speedy Justice, which I never enjoyed from the House of Commons in my life; although I have waited upon them therefore, these six years, and followed them as close as any man (I think) in England: and I dare safely say it, without vain or lying boasting; for these nine or ten years together, I have been as serviceable to the Commonwealth of England in my place and condition, as any one man whatsoever that sits in that house; though I have been as ungratefully dealt with by them, as ever man in England was: yet I say, when the Lords forced me to contest with them, which I profess, I was as unwilling to do, as I was to run my head against the wall, the which I told unto one of themselves; yet I say, before I would have parted with my reason and understanding, and so have defaced, obliterated, and annihilated, as much as in me lay, the Image that God created me in, (and which Christ by communicating of himself to me; hath restored, confirmed, and enlarged) and degenerated into the habit of a beast, (which all slaves that live in the World without a rational and just Law are in) by parting with, and betraying my native, natural, just liberties, which the fundamental laws of this Land give me; I will part with my very heartblood first; yea, and if I had a thousand lives, they should all go, before I will part with my just liberties, either to them, or any power on earth, what ever it be, that dare assume unto themselves so much tyranny, and satanical pride as to go about it, or endeavour it. And it is this very principle that now engageth to write this Postscript, to beget a Contest with the Prerogative-men of London, England's mighty Nimrods', who have enslaved not only this City, but been strong Instruments from time to time, to do the same to the whole Land. And the present ground of my putting pen to paper at present, ariseth from this ensuing: The day the last Lord Major was elected; It seems, Major Wansie, a Watchmaker in Cornhill, (a man that in these late wars, hath freely and gallantly adventured his life for the preservation of the present Parliament, and England's Liberties) and some other free Citizens, commonly by the Prerogative-men of London, distinguished by the name of Cloakmen; intended to have claimed their right, to give their Vote in the election of the Lord Major, as by Law, and the Charters of London, every freeman thereof aught to do; as also, in both the Sheriffs, etc. And in case the prerogative- L. Major adam's, and the prerogative-Aldermen his Brethren, would not permit them; They then intended, to deliver in a Protest in writing; the Copy of which Protest within a day or two after, I saw and read, and not before: and understanding how basely Major Wansey was used by the Marshal of London, and of my Lord Major's prerogative-Mastives; and how that contrary to Law, Guild-Hall Gate was guarded with armed men, which rendered the election in no sense to be free, as all elections of all public Officers ought to be; and reading the Protest over, the reason of it, and the injustice offered to its well-willers; It inflamed my spirit with indignation, and set my very soul as it were all on fire; Insomuch, that I went immediately to old Mr. Colet, the Record-keeper of the Tower, and asked him, if he had the original Records of the Charters of London; and understanding he had them; out of my penury, I bestowed three or four pound for the Copies of those that were most useful for me; and also the Copy of H. 5. prerogative, and unbinding Proclamation: by virtue and authority of which, they have invaded the rights of all the free men of London, in divers particulars, and as much as in them lies, annihilated divers of the ancient and just Charters, and legal privileges of this City confirmed by Magna Charta; and making further inquiry of a man versed in antiquity, I understood that there was an ancient book in print, above 100 years ago, containing many of the Liberties and Franchises of London; for which I sent into Duck-lane, and with some industry found it out, which is a most excellent book, which with the Records I sent to a true friend of mine, to get him to translate the Records into English, and all the Latin and French that is in that book, who sent unto me the foregoing Discourse; which in regard he was a stranger to London, he was unwilling to set his name to it, and I reading the Discourse, and liking it very well, judged myself bound in duty to myself, and all my fellow-Commoners, the Cloakmen of London, to publish it in print; and in regard, by God's assistance, I intent shortly to publish and print the Records, with a Commentary in point of Law upon them; I judged it convenient hereby, by way of Postscript, to give you the understanding thereof; and also, to give you the reasons which moved me to resolve, to hazard no small adventure there upon, which are these:  
First, because the Prerogative-Pattentee monopolising Merchant adventurers, have contrary to Right, Law, and Justice, rob me of my trade, whose illegal, arbytrary, destructive practices, to the liberties, freedom, and prosperity of England; I have in my answer to Mr. William. Pryn (called Innocence and Truth justified) punctually anatomised, as there you may read from page 48. to page 63. Now, as Paul saith, 1 Tim. 5.8. If any provide not for his own family, and specially for those of his own house, he hath denied the Faith, and is worse than an Infidel; In which, to me is employed, that a man must not only be provident and industrious to keep and preserve what he hath, but also to maintain and defend his rights liberties, and proprieties, that they be not invaded or taken from him: and this made honest Naboth, that he would not partwith his Vineyard, his inheritance to wicked King Ahab, although he offered him very good terms for it, 1 Kings 21.1, 2, 3. much less should I part with my trade, to any illegal Monopoliser and every individual Freeman's of London, etc. and that not only by the principles of nature and reason, but also by the Law of England, as is not only proved by the forenamed Discourse, but also by another excellent Treatise, called, Discourse for free Trade, published about two years ago by a Merchant of London.  
Secondly, the readiness of the Prerogative-Magistrates of London, to execute any illegal Commands upon the freemen thereof, and particularly upon myself; as for instance, when I was prisoner in Newgate, illegally committed by the house of Lords, that had no jurisdiction over me in that case, and when upon the 22. of June last, by their Warrant, they commanded me to dance attendance at their Bar, for what cause they did not express: neither know I any Law extant that authorizeth them so to do. Which action, I looked upon, as a trampling the Laws of the Land, and the Liberties of all the free Commons of England, under their feet; and therefore, for the prevention of further mischief, I writ this following Letter to Mr. Woollaston, the chief Jailor of Newgate under the Sheriffs of London.  
SJR,  
I This morning have seen a Warrant from the house of Lords, made yesterday, to command you to bring me this day at ten a clock before them, the Warrant expresseth no cause wherefore I should dance attendance before them; neither do I know any ground or reason wherefore I should, nor any Law that compels, me thereunto; for their Lordship's sitting by virtue of Prerogative-pattents, and not by election or common consent of the people, hath, as Magna Charta (and other good Laws of the Land) tells me, nothing to do to try me, or any Commoner whatsoever in any criminal case, either for life, limb, liberty, or estate: but, contrary hereunto, as incrochers and usurpers upon my freedoms and liberties; they lately and illegally endeavoured to try me a Commoner at their Bar, for which I under my hand and seal, protested to their faces against them, as violent and illegal incrochers upon the rights and liberties of me, and all the Commons of England (a copy of which etc. I in Print herewith, & send you) and at their Bar I openly appealed to my competent, proper, legal tryers, and Judges, the Commons of England assembled in Parliament (for which their Lordships did illegally, arbytrarily, and tyrannically, commit me to prison into your custody) unto whom divers days ago I sent my appeal etc. which now remains in the hands of their Speaker, if it be not already read in their house, unto which I do, and will stand, and obey their commands.  
Sir, I am a freeman of England, and therefore I am not to be used as a slave or Vassal by the Lords, which they have already done, and would further do. I also am a man of peace and quietness, and desire not to molest any, if I be not forced thereunto: therefore I desire you as you tender my good and your own; take this for an answer, that I cannot without turning traitor to my liberties; dance attendance to their Lordship's Bar: being bound in conscience, duty, to God, myself, mine, and my Country; to oppose their encroachments to the death: which by the strength of God I am resolved to do.  
Sir, you may, or cause to be exercised upon me, some force or violence to pull and drag me out of my chamber, which I am resolved to maintain, as long as I can, before I will be compelled to go before them; and therefore I desire you, in a friendly way, to be wise and considerate before you do that, which it may be, you can never undo,  
Sir, I am your true and fair conditioned prisoner, if you will be so to me, JOHN LILBURN. From my Cock-lost in the Presse-yard of Newgate this 13. of June 1646.   

The Copy of the Order.  
Die Lunae 22 Junij 1646.  
ORdered by the Lords in Parliament assembled, that Lieutenant Colonel John Lilburn now a prisoner in Newgate, shall be brought before their Lordship's [in the High Court of Parliament] tomorrow morning by ten of the clock: And this to be a sufficient Warrant in that behalf.  
To the Gent. Usher of this House, or his Deputy, to be delivered to the Keeper of Newgate, or his Deputy.  
john Brown Cler. Parliamentorum.   
Which Letter I sent by my wife, and a friend; but they not finding Mr. Wollaston within, I ordered them to carry it to Mr. Kendrick, and Mr. Foot, the Sheriffs of London his Masters, whom they found at Guild Hall, at the Court of Aldermen; to whom they delivered the letter, with my Protest against the Lords, and appeal to to the House of Commons therein mentioned; who (as they told me) carried it in to the Court of Aldermen: and, as they judged, there read them. But, in stead of any remedy, according to my just expectation; I had my chamber wall immediately after broke down by force, by Ralph Brisco, the Clerk of Newgate, and their Officer: & a violent and forcible entry made into my chamber, and my person by force carried away before the Lords, who had no Legal, or Magisteriall power over me. I confess, I was suddenly surprised, it being past ten a clock at night before I knew of it: and so could neither provide myself of victuals, or any defensive Arms; the which if I had had, I would (to the death) have defended myself against all the Officers in London that had come to have fetched me out of my Chamber (my legal Castle) by virtue of that illegal Warrant, to carry me before the Lords, who had nothing to do with me: especially considering I had legally protested against them; and legally appealed to the House of Commons, my proper and legal Judges; who had accepted, read, and approved of my appeal, as just and legal: And therefore not only that business, or proceeding of the Lords; but all their after proceed: yea, the sentence itself, in this very particular alone; was, and is, illegal: For they ought not, neither (in law) had they any ground to meddle or make with me any further; unless the House of Commons had judged my proceed with the Lords, illegal, and had given me up to them as my legal Judges to try me. And therefore the affront of the Lords (in point of right and privilege) is as great to the House of Commons, in proceeding to judgement against me without their leave, or so much as ever desiring it; as their usurpations are destructive to me and my Liberties, and the Liberties of all the Commons of England: And opportunity they could not have had to have made me so fully as they did, the object or subject of their usurpation; if it had not been that the prerogative-Sheriffs of London had been as full of prerogative-Principles, as the Lords themselves, and as desirous to destroy the Laws and Liberties of England, as they; for which I will never forgive them, till they have acknowledged their great wickedness therein, and made me (according to Law and Justice) ample reparations: which by God's assistance I will with all the strength and might I have, uncessantly seek for.  
But their malice and indignation to me, for standing for the Laws, Liberties, and Freedoms of England, ceased not here; but when the Lords committed me, by their tyrannical order, close prisoner to Newgate, to be locked up close in my Chamber; These Arbitrary & tyrannical Sheriffs and their Officers executed it upon me to some purpose for 3 weeks together. For; contrary to all law and justice, they kept my wife from me, & would not so much as suffer her, or any of my friends, to set their feet over the threshold of my chamber door: nor suffer my wife, servant, or any of my friends, to deliver either meat, drink, money, or any other necessaries. And when I pressed the Jailers to permit my wife to come into the prison yard, that so I might (in their presence) speak with her out of my chamber window; they absolutely refused it, and told me, I little knew what a strict charge was laid upon them to the contrary, by the great ones at Guild-Hall. And therefore my wife was forced to speak with me out of the window of a neighbouring house, at about forty yard's distance: whose cruelty and malice was so enraged, that they often threatened to board and nail up the poor man's windows: Yea, Brisco, the Clerk came up into my chamber, and commanded me to forbear speaking to my wife, (although it were at such a distance) or else he would board up my windows, and so deprive me not only of seeing and speaking to my wife; but also rob me of the greatest part of that little air that I had coming in at my Casements. But I bid him do his worst: for I would pull them down as fast as he nailed them up; or else if I could not, I would set ●re to them, though it burned the House down to the ground: And also I would speak to my wife in spite of his teeth, and all his great Masters; unless they either sewed up my lips, or cut out my tongue. And then in a rage he told me, He would carry me into Newgate itself, and lay me in a close place, where I should speak with none, nor see none, whereupon I desired him to cease his threatening of me; for I scorned him, and bid defiance to the malice of him and all the Men and Devils in earth and hell; having my confidence fixed in and upon that God that I knew would preserve and keep me, and who by his power was able to destroy him, and ten thousand such, in the twinkling of an eye; telling him, that to lock me up in such a place, was the ready way speedily to get me my liberty: For then all my friends and acquaintance would conclude, that the Lords had set his Masters and him on to murder me: (as the Earl of Northampton, and the Earl of Somerset, set Sir Gervis Elvis, the Lieutenant of the Tower, and Weston his servant, to murder Sir Thomas Overbury in his imprisonment in the Tower of London; for which act they were both deservedly and justly hanged) which might hazard, at the least, either the pulling down, or breaking open the prison; to see what was become of me: Therefore I wished him to be advised what he did; for I assured him, I would improve all the interest I had in the world to effect it. For, before I will be murdered, I would sell my life at as dear a rate as it was possible for me to sell it at. And at another time I turned him to the Parliaments Declaration, 2 N. 1642. Book Declar. pag. 722.723. Where, speaking of the difference betwixt the King and themselves, in answer to something said by him about the interpretation of the Statute of 25. E. 3. that they would take away his power from him; they demand a question, How that doth appear? And they answer, Because we say it is treason to destroy the Kingdom of England, as well as the King of England; and because we say, that the King of England hath not a power to destroy the laws and people of England. And what is that interpretation of that Statute, that no learned Lawyer will set his hand to? That treason may be committed against the King's Authority, though not directed against his Person. Do there want (say they) precedents, or Book-cases to make this good? Or, is it not, that they cannot see wood for trees, that look after precedents to prove this, which at length is acknowledged in his Majesty's Proclamation of the 18. of June? Is it then that interpretation of the Statute, that the raising of force in the maintenance of his Majesty's Authority, and of the Laws, against those that would destroy both it and them, is no treason, though such acts of traitors and rebels should be in pursuance of his Majesty's personal commands, and accompanied with his Presence? And have we cited no precedents to this purpose? What are those then of Alexander Archbishop of York, Robert de Veer, Duke of Ireland, and the rest in the time of Richard the second, which we caused to be published: whose levying of Forces against the authoriy of the Parliament, and to put to death divers principal members of both Houses, by the King's express command, which he promised to accompany with his presence; was by two Acts of Parliament judged Treason: And the Act of such levied forces to suppress them, was judged good service to the Commonwealth. These precedents are said to be grounded upon repealed Statutes: and we have indeed heard it said so twice; but we never heard the Statute that repealed them, cited once. And whether the Parliament of the eleventh of Richard the second, was a more forced Parliament then that of the twenty first of Richard the second, which repealed the Acts thereof: And whether that of the first of Henry the fourth, which repealed that of the twenty first of Richard the second, and all the acts thereof, and revived that of the eleventh of Richard the second, and all acts made therein; was ever yet repealed: And consequently, whether those two acts of the eleventh of Richard the second, and the first of Hen: the fourth, do not still stand in force; None that are acquainted with the Records and History of that time, can deny, or so much as doubt. But do we need Precedents in this case? Is it not a known Rule in Law, That the Kings illegal commands, though accompanied with his presence, do not excuse those that obey him? And how then (say they) shall it excuse Rebels and Traitors? and how shall it hinder the King's Courts and Ministers to proceed against them judicially, if they submit; or by force, if they make opposition with force? If the King might control all the Courts in Westminster Hall, and the High Court of Parliament itself, and make it good by force; what were become of the known legal government of this Kingdom? or what a Jewel had we of the Law? or what benefit of being Governed according to Law; if all Laws might by force be overthrown, and by force might not be upheld and maintained?  
Now Mr. Brisco, said I, if the King's commands and power cannot overthrow the Law; much less can the Lords commands, who are fare inferior in power unto him, their absolute earthly Creator and Master, from whom they have derived all that they have; and therefore cannot be above him. For it is a maxim in Nature and Reason, That there is no Being beyond the power of Being. And another Maxim it is, That every like begets its like; but not more: And therefore impossible it is, that their power should be above the power of their begetter, or Improver, the King.  
Again, Mr. Brisco, said I, if here, by the confession of the Lords themselves; (for they joined in the making of this very Declaration) it be a known Rule in Law, That the Kings illegal commands, though accompanied with his presence, do not excuse those that obey him; then much less are you, your Master Wollaston, nor his Masters, the Sheriffs of London, excusable, for executing the Lords illegal and barbarous Warrants and Orders upon me; which they do not accompany with their presence to see put in execution. Therefore, Mr. Brisco, assure yourself, that if I live, I will turn all the stones in England that possibly I can turn, but I will have justice, satisfaction, and reparations from you and all your masters, for executing the Lords illegal Orders and Commands upon me. At which he told me, he and his Masters were Officers, and must execute the commands the Lords gave them, without the disputing the illegality of them. Well then, said I, by the same Rule, if the Lords (who have no legal authority over me) send you a Warrant to hang, strangle, or stab me, or cut off my head in prison, although I have had no legal trial according to the Law of the Land; you will put it in execution: And as well, said I, may you do that, as to do to me as you have done: and besides I know no Ground they had to receive me a prisoner upon the Lords Warrant, at all: especially considering according to Magna Charta, the Petition of Right etc. none of their Warrants of commitments of me, have either legal beginning, or legal conclusions. And excellent to this purpose are those Golden expressions of the most worthy Lawyer, Sir Edward Cook in his exposition of the 29. chap. of Magna Charta, in his 2. Part. Instit. fol. 52. Where expounding what is meant by per legem terrae, that is, the law of the land, having spoken of divers things, he comes to speak of Commitments, and saith,  
Now seeing no man can be taken, arrested, attached, or imprisoned, but by due process of law, and according to the law of the land; these conclusions hereupon do follow.  
First, that a Commitment by lawful warrant, either in deed, or in law; is accounted in law due process or proceeding of law, and by the law of the land, as well as by process by force of the King's Writ.  
Secondly, That he or they which do commit them; have lawful authority.  
Thirdly, That his warrant or MITTIMUS be lawful, and that must be in writing under his hand and seal.  
Fourthly, The CAUSE must be contained in the WARRANT, as for Treason, Felony, etc. or for suspicion of Treason, or Felony, etc. Otherwise if the MITTIMUS contain no cause at all, if the prisoner escape; it is no offence at all: Whereas if the MITTIMUS contained the cause; the escape were Treason or Felony: though he were not guilty of the offence. And therefore for the King's benefit, and that the prisoner may be the more safely kept; the MITTIMUS ought to contain the cause.  
Fifthly, the Warrant, or MITTIMUS containing a lawful CAUSE, aught to have a lawful CONCLUSION, Viz. and him safely to keep, until he be delivered by Law etc. and not until the party commiting doth further order. And this doth evidently appear by the Writs of Habeas Corpus, both in the King's Bench, and Common Pleas, Exchequer, and Chancery, which there Hecites.  
But, Mr. Briscoe, I am a legal man of England, who in all my actions have declared a conformity to the laws thereof, and have as freely adventured my life for the preservation of them, as any Lord in the Land, whatsoever he be, hath done. And besides, I have to do with those very LORDS that have styled themselves, The Conservators of the Laws and Liberties of England; and wish in their printed Declarations, the plague and vengeance of heaven to fall upon them, when they endeavour the destruction and subversion thereof. And therefore I expect in every particular to be dealt with according to Law (my inheritance, and the inheritance of all the free Commoners of England) and not otherwise; and my life and blood I will venture against that man,  he be, that shall attempt the contrary upon me: for the Freeborn men of England (yea the meanest of them) can neither by the command of the King, nor by his Commission, nor Council, nor the Lord of a Villain can, or could imprison, arrest, or attach any man, without due process of law, or by legal judgement of his equals, viz. MEN OF HIS OWN CONDITION, or the Law of the Land, against the form of our defensive great Charter of Liberty. Nay, in old time a Pagan or an Heathen could not be unjustly imprisoned, or attached, or arrested, without due process of Law, as appears by the Laws of King Alfred, Chap. 31. and consonant to this doctrine, and that forementioned in the Parliaments Declaration; is the judgement of Sir Edward Cook in the 186, 187. pages of the 2. part of his Institut. and which was so resolved for Law, as he there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe, the Sheriff's Clerk of Newgate, about 9 a clock at night; the Sheriffs the next morning sent 30. or 40. of their Varlets that wait upon the Thiefs and Rogues, and the Hangman to Tyburn, to carry me by force, nolens, volens, to the Lords Bar (those Usurpers and Incrochers) to receive my most illegal, unjust, barbarous, and tyrannical sentence.  
My third reason is, because I have not only been so evilly and unjustly dealt with this year by the Sheriffs of London; but also the last year by the Lord Major of London, Alderman Atkins, and Mr. Glyn Recorder thereof, when I was committed to Newgate by the House of Commons; for what, to this day, I do not yet know: yet Mr. Glyn so thirsted after my blood, that as I was from very good hands credibly informed, he was a main stickler to get an Order to pass that House, to have me tried at the Sessions of Newgate for my life; saying (as I am told) in the house, to some members thereof, turn him over to me▪ and I will hamper him to the purpose: of which, when I heard; it was not for me to sit still; and therefore, I got published certain Quere's to state my case, in one side of a sheet or paper: the substance of which, you may read in a printed Book called England's Birthright. And what was the issue of that business, you may fully and truly read in my  answer to Mr. pryn's notorious lies, falsehoods, and calumnies; especially, in pag. 28, 29, 30, 31, 32, 33 34. to which, I refer the Reader.  
And then secondly, there was a false, and base report raised, spread, and divulged by Mr. Pryn, and some other of my bitter Presbyterian Adversaries (those bloody cozen-germen to the persecuting Bishops) merely to make me and my friends odious to the people that so instead of enjoying a legal trial, and the benefit of the Law, our common Inheritance; we might by the rude multitude, be either stoned to death, or pulled in pieces: which report was, that I had conspired with other Separates & Anabaptists to root out the Members of this Parliament by degrees, beginning with Mr. Speaker; whom if we could cut off, (as Pryn saith it in print, in his book, called, The Liar confounded) all the rest would follow: and if this succeeded not, then, to suppress & cut off this Parliament by force of Arms, & set up a new Parliament of our own choice & faction; my answer to which abominable false charge, you may read in my  answer to him, pa. 35. And there running divers of his Authentical witnesses and Creatures (little better than Knights of the Post) up and down London; and at last, one or more of them came into Hounds-ditch, to one Mr. Rogers, etc. to ensnare him, and told him of the plot; but he like a wise man, apprehended him by a Constable, and carried him before the than Lord Major, who dealt neither fair, honestly, nor justly with me, nor them; no, nor with the Kingdom, etc. But in regard it may at a distance, touch upon some present Member or Members of the House of Commons, with whom, I do ingeniously confess, I have no desire at all to contest; I cease it: though it was as mischevous a plot against me, as ever in my life was contrived against me, and which had come out to the bottom, if my Lord Major had been as just and honest, as a righteous Judge ought to be, and had not been so full of prerogative-principles, as to fear Man, more than God.  
My fourth reason, is, because I have not only been rob of my trade, by the monopolising Merchant-Adventurers; and so evilly, hardly, and unjustly dealt with, by the late Lord Major, the two Sheriffs, and though Jailers of Newgate, all Mr. Recorders pride and malice, all prerogative Officers in London; but also, have been so evilly, illegally, and unjustly dealt with all, by Col. Francis West, the present Lieutenant of the Tower (thereunto appointed by the principal prerogative-men of London,) which you may briefly read in a late published book of a friend of mine, called, Liberty vindicated against Slavery, and which I shall, by the help of God, fully lay open in due time; and also, in regard of that late abuse, given unto my wife at Westminster, at the very Parliament door, when she was peaceably waiting there with eight Gentlewomen more of her friends, for an Answer to her late Petition, and for Justice from the house, about my illegal sufferings, which it is their duty to hold put to her, and all others whatsoever, that have just cause to seek it from them; where came unto her one Richard Vaughan, Ensign to the Guard that day, and a Citizen of London, being a Goldsmith in Foster-lane; who, after he had set his Guard at the door, that goes into the Room next to the House of Commons: my wife, with other of her friends, standing in a peaceable manner at the bottom of those stairs; he came, and enquired of them which was lilburn's wife; at which my wife answered, she was she; upon which he wished, I had been out of the Land when I first went out in the Parliaments service; and without any more ado, laid violent hands upon her, and endeavoured to throw her down the next stairs, which are three or four steps, that go down into the Court of Requests, and had gone near to have spoilt and undone her, if some of her friends by her, had not preserved her from the fall: but being not consent with this, he followed her into the Court of Requests-chamber, and then again laid violent hands upon her, and took her by the throat, as if he would have throttled her, and would have dragged her away as a prisoner, calling out to his armed men to help him: a piece of unmanlike cruelty and barbarism, which will be in future ages, a badge of shame to the sufferers of it, to go unpunished, and which renders him to be one of the malicious, basest, unworthiest, and cowardliest of men, to use a Gentlewoman in such a barbarous manner, that neither affronted, nor meddled, nor made with him, and which makes me judge him to be a fellow more fit to feed hogs and Swine, then to be named a Soldier, or ranked amongst the number of martial men: but yet notwithstanding, it gives me cause to think, and judge, that some of my prerogative-adversaries either in the City, or elsewhere, set him on of purpose, at last, to abuse and affront my wife; that so, she should never dare any more to come thither to seek for justice, at the hands of those who have sworn to hand it over impartially to every legal man & woman of England. The comparing of which, with what I have but very lately heard, puts my thoughts into a deep and serious muse: the late relation of which, as it is told me, is thus; That day my wife delivered her Petition in print to the Members of the House of Commons, there was a Barrister at Law in the Lord's House (it seems before they sat) reading my wife's Petition, and there came a Lord to him, and said unto him in a familiar manner, What art thou reading? unto which; he answered, the Petition of Lieut. Col. lilburn's wife to the House of Commons: Unto which that Lord said, the Plague on him for a Rogue; how are we troubled with him? but if the Lords would be ruled by me, and be all of my mind; we would dispatch him, and stretch him up without any more ado: But truly, my Lord, I must tell you, you have no Law to do it, I am sure of it; and therefore in reference to that, I challenge you, and your whole House, to a trial of Law, for all the differences betwixt us, begin when you please: and your Lordship knows very well, that when I was last at your Bar, I challenged you all face to face to a trial at Law: But, my Lord, seeing I find and meet with such ready Instruments, amongst the prerogative-men of London, my unnatural fellow-Citizens, to put in execution, without dispute, fear, or check of Conscience; (all your unjust Commands) I have some cause to be jealous, that I may meet with Sir Thomas Overbury's portion, to be murdered in prison, there being a very near parallel betwixt divers of his usages and mine, as appears to me, by the printed relation thereof, made by the Right Honourable Foulke, Lord Brooke, and printed at London for N. R. 1643.  
And therefore, for all these reasons laid together, I am resolved, both in point of conscience, prudence, and safety, to sit no longer in silence; but to give to you Lords, and your Kinsmen, the prerogative men of London (by some of whom, I have suffered so much of late, & have just cause to fear, that they will be your arbitrary and illegal Instruments, to make me yet suffer much more) a joint and home-charge both together; and this I send you forth, as a forlorn Hope: the body of which (do all of you the worst you can) by the strength of God, shall follow after; although you should tie, and fetter both my hands and feet, and set twenty Warders upon me, to keep me from Pen and Ink: for I am now resolved, by the power of the Almighty, to sell my life to you my conjoined adversaries and enemies, as dear (if it be possible) as ever Samson did his to the Philistines: of whom it is said, he did them more mischief at his death, than he did them in all his life, Judg. 16. and good reason have I so to do, in point of conscience; both in the sight of God, and all rational men that are not distempered with the principles of prudential cowardliness; and that I prove thus:  
If to do to another, as we would have another to do to us, be a principle, so acceptable to God, and all good men, and an unalterable Law established by God, before Moses Law, and under his Law, and also established by Christ, the just and righteous Prince of peace, under the Gospel; as the most transcendent excellentest Law, that can be amongst the sons of men, and which purely flows, from the pure fountain of reason: then from the same pure principle of reason and Justice; I deduct this which naturally ariseth from the less to the greater;  
That which in point of conscience is unlawful for me to do to another, is much more in point of conscience, unlawful to do unto myself:  
But, to do evil unto another, to mischief, rob, spoil, kill, or any way destroy another, in point of conscience, is unlawful;  
And therefore, in point of conscience, it is much more unlawful for me to do any evil unto myself, or to mischief, rob, spoil, kill, or any way destroy myself.  
And the reason of all is, because in myself, is nature nearer to myself then all the world besides. And again, if by the Command of God, and the instinct of nature; I must as much as much as in me lies, do good to all men: then by the same strength of reason, must I much more do good unto myself. And therefore for me to know of, and see mischief before my eyes intended me, and to be so stupid and sottish, as not to take care, by all just and rational means to prevent it; is to be felonious to myself, and to do that unto myself, which I should not do unto another, no, nor suffer to be done unto another: But my adversaries have taken from me, my liberty, (and tormented and tortured my body with cruel and close imprisonment) and spoiled me of my trade and livelihood, and disfranchised me without cause or ground, by robbing me of my right and benefit in the laws and liberties of England (more dear to me then any earthly treasure whatsoever) and thereby as much as in them lies, have made a slave and a beast of me, and so changed the property that God created me in: and now thirst after my life and blood, which is all they have left me. To preserve which (finding no remedy at the hands of Justice (by the powerful operation of some prerogative-men there, the names and qualities of whom you shall shortly know) to whom I have appealed; I send my adversaries this bone to pick, as aspeciall means (appearing so to my understanding) to break their cruel fangs, and devoureing tusks; and the mighty and omnipotent power of the Lord JEHOVAH, go along with it, and make it effectual for the accomplishing that end. And I hope no rational man will blame me for doing hereof, seeing as job saith, eye for eye, tooth for tooth, and all that a man hath will he give, (or venture) for his life. And so much for the particular reasons concerning myself, which moved me to write this.  
I will only give you two more, which are more general; and then conclude.  
And the first is, because the greatest bondage of this land ariseth from the monopolising patentee-Clergy, who have been and still are the men that as john in his Reu. (Chap. 7.1.) saith, hold the four winds of the earth, that the wind thereof should not blow upon the earth. And though in Paul's time, some preached the Gospel of envy, and others of good will; yet he forbids none to preach it; but rejoiceth that it was preached by any, whether in pretence or truth, yea, and thereat would rejoice, Phil. 1.15.16.17.18 But these Clergymen, like so many of the Devil's Agents, whose Kingdom is a Kingdom of darkness; set themselves on purpose to overspread the earth, with blindness and darkness, and so by consequence; with injustice, cruelty, and bloodshed: and rather than any, though never so able, should preach Christ and his Gospel, that will not receive power; therefore, from them, by their mouldy, greasy consecration and imposition of hands; thousands, and ten thousands of soul●s shall perish for want of knowledge, and so run headlong to hell eternally: yea, men that will not be conformable unto them, and be absolutely of their cut, and fashion; though never so extraordinarily adorned with the knowledge of Christ, and of his will and mind; shall neither eat, and drink, buy, nor sell amongst them, no nor live, nor have a habitation amongst them in the land of their nativity: witness that most DEVILISH, WICKED, BLOODY, , PAPISTICAL REMONSTRANCE of the prerogative-men of London, etc. who amongst many other base and wicked desires, would have us reduced back to the Pope of Rome again, to believe as the Church believes; for they would have us be conformable in Church Government, etc. not only to what is already established, but what ever shall be established: and to speak properly, this very Remonstrance is but one of their brats, which with other of their actions, doth demonstrate them clearly to be part of that Antichristian beastly power, spoken of Reu. 13.11, 12, 13, 14, 15, 16, 17. And what Doctor Leighton in his book called Zion's Plea, pag. 69. saith of the prelate's in reference to the popish Bishop; may we say of the present Clergy in reference to the Bishops, whose office and function they have condemned for Antichristian, viz. that they are garments cut out of the very same cloth, a pair of shears (as we say) went but between them, only divers hands have cut them out. And to me it is the greatest riddle in the world, how the Bishops can be Antichristian as themselves say, and themselves Christ's Ministers, although they have no other ordination but what is derived from them, seeing as nature tells me, every like begets its like: and reason also tells me; that there is no being, beyond the power of being: and the Scripture saith, without all contradiction, the less is blessed of the greater, Heb. 7.7. but not where saith, the better or greater is blessed of the lesser: and james demands a question which in reason, and the ordinary course of nature is impossible to be, saying, james 3.11. doth a fountain send forth at the same place, sweet water and bitter? and job demands to know who he is, that can bring a clean thing out of an uncleane● and answers: ●ot one.  
Now these Clergymen demonstrating by all their actions, that they are the natural and truebred children of their bloody fathers the Prelates, if not worse than they; for all their fair speeches and glozing pretences to the contrary: therefore we may safely avert, that proposition to be true of them, that Doctor Leighton in the foresaid book, pag. 51. averrs and proves to be true of their spiritual forefathers, viz. that of all the evils inflicted, and of all the good hindered, since Anno. 600; one or more of the hierarchy, have been a principal cause. And I add and aver, that there is no misery befallen this Kingdom, nor no good hindered from coming to it, since the Prelates were put down; but some of the present Clergy have been the main principal in it, witness their continual and daily dividing and distracting the Kingdom in all the parts of it, on ●et purpose for the establishing that devilish and tyrannical interest of pride, Lordship, and Domination, which they will effect, or else they will lay it in blood and force. Witness their bloody intended Ordinance, brought in by Mr. Tate, and Mr. Bacon. And have they not already almost brought us to the door of a new war with the Scots; which, God prevent. But, if for a plague to us it should come upon us; I hope the people of England will have their eyes opened to see the Clergy to be no small causes of it, whom I hope they will not let pass without due punishment, as grand disturbers of the peace of this distressed Commonwealth: Seeing that the temporal and trade-Monopolizers, and other prerogative-men in London, are their stalking-horses, by which they act their designs the more strongly: the one helping the other to enslave the people, and therefore are and may justly be called Simeon and Levi, brethren in evil, and wickedness, whose tyrannical mystery wants an Anatomy, the beginning of which; this is.  
The last reason why I publish this, is, because that although the fundamental Laws of England, be rational and just laws, and so pleasant and delightsome to the people: these Prerogative-Monopolizing Patentee-men of London, have done as much as in them lies, to pervert them, and to turn them into Wormwood and Gall: And though they be the common birthright and inheritance of every particular individual freeman of England; yea, of the meanest Cobbler and Tinker, as well as of the greatest Gentleman or Nobleman. And therefore justly doth the King call the Law, The Birthright of every subject of this Kingdom. Book Declar. 312. and in pag. 328. he saith, The Law is the common inheritance of his people. And in pag. 385. he calls the Law, The common Birthright of his Subjects; to which only, they own all they have besides: And therefore are bound in the defence of it, to be made MARTYRS for it. And in pag. 28. he saith, The Law is not only the inheritance of every subject, but also the only security he hath for his life, liberty, or estate: And the which, being neglected, or disesteemed; (under what specious shows soever) a great measure of infelicity, if not an irreparable confusion, must without doubt fall up them. The meanest of which, he saith, p. 650. are born equally free, (and to whom the Law of the Land is an EQUAL INHERITANCE) with the greatest Subject. And that the wealth and strength of this Kingdom, is in the number and happiness of the people; which is made up of men of all conditions: and to whom in duty without Distinction, he acknowledgeth he oweth an EQVALL Protection. And he in pag. 140. 163. passeth a most superlative high commendation upon those golden expressions of Mr. John Pyms speech against the Earl of Strafford: and published in print by a special order of the House of Commons, which are, That the Law is the SAFEGVARD, the CUSTODY of all private interests: Your honours, your lives, your liberties, and estates; are all in the keeping of the Law: And without this, every man hath alike right to any thing. And therefore (saith he) the Law is that which puts a difference betwixt good and evil, betwixt just and unjust. If you take away the Law, all things will fall into a confusion; every man will become a law unto himself: which, in the depraved condition of humane nature, must needs produce many great enormities: Lust will become a law, and envy will become a law, covetousness and ambition will become laws: and what dictates, what divisions such laws will produce; may easily be discerned.  
And in this very language doth the Parliament speak in their declarations, Book Declar. pag. 6. where they speak with a great deal of vehemency and bitterness against the bold and presumptuous injustice of such Ministers of Justice as before this Parliament, made nothing to break the laws, and suppress the liberties of the Kingdom, after they by the Petition of Right, etc. had been so solemnly & evidently declared. Yet they obstructed (amongst abundance of other grievous crimes there enumerated, the ordinary course of Justice; which they there (pag. 7.) call the COMMON BIRTHRIGHT of the Subjects of England. And in pag. 38. they speaking of the Kings dealing with the five accused Members: who, by his Majesty's Warrant, had their Chambers, Studies, and Trunks sealed up: Which action (they say) is not only against the privilege of Parliament, but the common liberty of every Subject. And in the same page they say, His Majesty did issue forth several warrants to divers Officers under his own hand, for the apprehension of the persons of the said members, which by Law he cannot do; there being not all this time, any legal charge, or accusation, or due PROCESS of law issued against them, nor any pretence of charge made known to that House whereof they were Members. All which are against the fundamental laws and liberties of the Subject, etc. And in pag. 458, 459. they declare, That in all their endeavours since this Parliament began, they have laboured the regaining of the ancient (though of late years much invaded) rights, laws, and liberties of England, being the Birthright of the Subjects thereof. And therefore pag. 660. they own it as their duty, to use their best endeavours, That the meanest of the Commonalty may enjoy their own Birthrights, freedom, and liberty of the law of the land; being equally (as they affirm) entitled thereunto with the greatest Subject. And in pag. 845. they declare, that to be assaulted or seized on without due Process or Warrant; is against the legal privilege of every private man: but the Prerogative-Monopolizing arbitrary-men of London, as though they had an absolute Deity-power in themselves, and were to be ruled and governed by nothing, but the law of their own will: And as though they were more absolute and sovereign in power, then either the King or Parliament, divided or conjoined; dis-franchising the greatest part of the Commons of London, of their Liberties, Trade, and Freedoms, at their pleasure; which is granted unto them not only by God, and the great Charter of Nature, and Principles of Reason, but also by the Fundamental Laws and Constitutions of this Kingdom: by which laws, and by no other; is London, as well as the rest of England, to be governed. And therefore Arbitrary, Irrational, and Illegal it is for them, or any of their brotherhoods, Monopolising Corporations and Companies, by the authoirty of any pretended Royal Patent, Proclamation, or Commission, whatsoever; to assume unto themselves a power to destroy, annihilate, and make void the Fundamental laws of the Land; which yet notwithstanding they daily do. And sure I am, by the Petition of Right, the King of himself can neither make an oath, nor impose 6 pence upon any of his people, nor imprison, nor punish any of them, but by the Law, & by the Statutes of Magna Charta, chap. 29. & 2. E. 2.8. & 5. E. 3.8.9. The King shall neither by the great Seal, nor little Seal, disturb, delay, nor defer judgement, or common right: And though such commandments do come; the Justices shall not therefore leave to do right in any point. But yet notwithstanding, they merely by their illegal prerogative, both frame oaths absolutely-destructive to the public law of the kingdom: impose arbitrary fines, and illegal levies and payments of moneys: and act illegal imprisonments and punishments: yea, and at their pleasure seize upon the goods of freemen. All which is constantly practised in their Patentee-Monopolizing Companies, Corporations and Fraternities. So that to speak properly, really, and truly, their Brotherhoods are so many conspiracies to destroy and overthrow the laws and liberties of England, and to engross, enhance, and destroy the trades and Franchises of most of the Freemen of London.  
But if it should be objected. That these things are the ancient customs and practices of the Grandees of London: and therefore by prescription of time are become laws thereto;  
I answer: Course of time amends not that which was nought from the beginning. And that which was not grounded upon good right, and found reason; is not made good by continuance of time. And therefore to give a definition of the Laws of England, as it may be proved out of the works of the best and most conscientious Lawyers thereof.  
It consists of the ancient constitutions, and modern acts of Parliament, made by the States of the Kingdom: but of these only such as are agreeable to the word of God, and law of Nature, and sound Reason.  
Or the Fundamental Law of the Land, is the PERFECTION of Reason, consisting of Lawful and Reasonable Customs, received and approved of by the people: and of the old Constitutions, and modern Acts of Parliament, made by the Estates of the Kingdom. But such only as are agreeable to the law Eternal and Natural, and not contrary to the word of God: For whatsoever laws, usages, and customs, not thus qualified; are not the law of the land: nor are to be observed and obeyed by the people, being contrary to their Birthrights and Freedoms, which by the Law of God, and the great Charter of Privileges, they ought not to be.  
And therefore Sir Richard Empson, and Edm. Dudley, Justices of Peace, were both hanged in Henry the eighths' days, for putting in execution, several illegal practices grounded upon an unjust law made in the 11. H. 7. chap. 3.1. which, as honourable Sir Edw. Cook saith, was made against, and in the face of the Fundamental Law of the great Charter, 2. part. Instit. fol. 51.  
And just it was they should be thus dealt with, because it is honourable, beneficial and profitable for the Commonwealth, that guilty persons should be punished, lest by the omission of the punishment of one, many men by that ill example, may be encouraged to commit more heinous offences. And excellent to this purpose, is that saying of the Parliament, which I desire they may never forget, Book, Declare pag. 39 which is, That they are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And therefore pag 656. they call the execution of the law, the very life and soul of the law, as indeed it is: without which; it is but in truth a dead letter, and a senseless block. But woe unto you prerogative Patentee-Citizens, if the Law shall be executed upon you; I profess I will not give three pence for an hundred of your estates, for all the greatness rhereof,  become of some of your liberties, or lives; which many of you have hitherto preserved by bribes, and other indirect courses. Witness some of you in a jo●nt fraternity, like brethren in evil, giving above threescore thousand pounds at once for a bribe in the days of the Council-table, to preserve you from Law and Justice; and to destroy the Law, and to buy and rob your fellow-Citizens, as free as your se●ves, of their liberties, franchises, trades, and livelihoods. Read the Discourse for Free Trade.  
Only worse than highway men, pick-pockets, & housebreakers, who now would fain transform yourselves into Angels of light, like your old wicked Father, & become godly Presbyters, that now-sprung-up Sect and Heresy in England; whose lordliness and pride, was long since as Heathenish, and Gentilism, condemned by Christ and his Apostles; and zealous Covenanters, which you make your stalking horse, to disfranchize all honest and tender conscience men, that cannot take that impossible to be kept, and doublefaced Covenant, the greatest makebate and snare, that ever the Devil, and the Clergy his Agents, cast in amongst honest men in England, in our age; which I dare pawn my head and life so to prove it to be, in a fair & public discourse, against the greatest maintainer thereof in England. But alas! If it were ten times worse, your wesons are wide enough to swallow it down, and your consciences large enough to digest it, without the least danger of vomiting: But I hope the true, faithful, and just God of Heaven and Earth, will raise up heroical Instruments, to unveil, and unmask you, and bring about ways & means enough, for all your juggling, and machivel-like endeavours, to divide the people's affections, each from other, about those unhappy names of Independents and Presbyters, to bring you to condign, and just deserved punishments, before you have fully saddled and bridled them, and made them fit to be rid by you as slaves: And therefore, for the further discovery of you, I judge it not amiss, here to insert, that excellent Petition of Mr. William Sykes, and Thomas Johnson, delivered in writing first to the house of Commons, and then in print to the Members thereof; which thus followeth:  

To the Honourable the Knights, Citizens, and Burgesses of the Commons House in Parliament Assembled.  
The humble Petition of William Syeks, and Thomas johnson, Merchants, on the behalf of themselves, and all the freemen of England.  
Shows,  
THat whereas divers Merchants in the 21. year of the Reign of Queen Elizabeth, under the great Seal of England, obtained a large and illegal Charter of incorporation, for them and their Company, to use the traffic and seat of Merchandise, out, and from any of Her then Majesty's Dominions, through the Sound into divers Realms, Kingdoms, Dominions, Dukedoms, Countries, Cities, and Towns, viz. Norway, Swethi●, Poland, etc. Whereby none but themselves, and such as they shall think fit, and for such fines and compositions as they shall impose, shall take any benefit by the said Charter; disfranchising thereby, all other the freeborn people of England, who during the time of all these wars, have been in divers respects, greatly charged for the defence of this present Parliament; the laws and liberties of their native Country, and therefore ought indifferently to enjoy the benefit of the good laws, franchises, and immunities by Magna Charta established: which great Charter hath been ratified by 31. sessions of Parliament; as also this present Parliament, being bound by protestations, oaths, and covenants to maintain the same: by reason whereof, and other illegal monopolies, they are debarred from that free enlargement of common traffic, which the Kingdoms of Scotland and Ireland do enjoy; the same being destructory to their laudable liberties and privileges, the fundamental laws of the Land, to the manifest impoverishing of all owners of ships, masters, mariners, clothiers, tuckers, spinsters, and multitudes of poor people; besides the decrease of customs, the ruin and decay of navigation, together with the abating the price of our wools, cloth, stuff, and such like commodities, arising and growing within this Ralm, and the enhancing of all commodities imported from those foreign parts, by reason of the insufficiency of the merchants, they being few in number, and not of ability to keep the great store of our ships and seafaring men a work, and to vend our native manufactories, and likewise by reason that those foreign commodities are in few men's hands, much hurt and prejudice hath redounded to every private or freeman of this Kingdom, and tendeth to the ruin of the constitutions thereof.  
Your Petitioners most humble suit is, that the charter and monopoly of the Eastland-merchants, the charters and monopolies of the merchant Adventurers, Turkie-marchants, Greenland-marchants, Muscovia-merchants, etc. upon misinformations, and untrue pretences of public good, so unduly obtained, and unlawfully put in execution, to the great grievance and inconvenience of the free Denizens of this Realm, contrary to the great Charter, and divers other statutes of former Parliaments, viz. the 12. H. 7▪ the 3. Jac. which was made for the overthrow of the Spanish Corporation, etc. the Petition of Right, the act made for the abolishing of the Star-Chamber in this present Parliament (in which our liberties and freedoms are confirmed) may be, as indeed they are, declared to be contrary to law, and to be utterly void, and of none effect, and in no wise to be hereafter put in execution: and this we are the rather emboldened to crave, for that the Parliament in the 3. Car. by the Petition of Right, and this Parliament by the act for abolishing the Star-Chamber, have confirmed the statute of tallage, made in the 34. of Edw. 1. whereby in the 4. chaptar, it is enacted; that we shall have our laws, liberties, and free customs, as largely and wholly as we or our ancestors have used to have the same at any time, when we had them at the best: and if any statute hath been made, or any custom brought in contrary to them; that such manner of statutes and customs, to be void and frustrate forevermore: and by another statute of the 25. Edw. 1. yet in force, and unrepealed, It is enacted, that if any judgement be given contrary and against the subject's liberties, confirmed by Magna Charta, by any justices, or by any other Ministers, that hold plea before them; the same shall be undone, and holden for nothing: all which your Petitioners doubts not but you will grant and confirm, and no more subject your Petitioners to those law-destroying monopolizers: but that free trade and traffic may be restored in all points, according to law, as of right it ought to be: these Corporations called to a strict account for all their wrongs and oppressions, and reparations made to the parties grieved, as shall be agreeable to justice (the life and soul of all well-governed Common wealths) that all men hereafter to succeeding generations, may be terrified from making inchroachments upon the common liberties and freedoms of the people.  
And your Petitioners shall ever pray, etc. 

William Sykes.  
Thomas Johnson.   March the 4. 1645.   
And I do hereby exhort all my fellow-Citizens that have been denied and prohibited by you to follow their trades and vend their goods, seriously to read over the Statute of Monopolies, made 21. James, chap. 3. and seriously with the best advice and counsel they can get, consider thereof; and I believe they will, by it, find your practices to be against the Fundamental Laws of England, and yourselves liable to pay triple damages, and double costs, to every man that shall ground his action upon this Statute; and, sue you at common-law, for hindering, grieving, disturbing, or disquieting, or his, or their goods, or chattels, any way seizing, attaching, distraining, taking, carrying away, or detaining by occasion, or pretext of any Monopoly, or of any such Commission (as in the Declaratory-part of this Statute, is mentioned) grant, licence, power, liberty, faculty, Letters-Pattents, proclamation, inhibition, restraint, warrant of assistance, or other matter, or any thing tending as aforesaid.  
And for the encouragement of all those, that sue upon this most excellent Law; it is enacted in the body thereof, That he that delays an action grounded upon this Statute, incurs a Praemunire, according to the Statute of the 16. R. 2. chap. 5.  
But if you shall think, that you are free, by reason of the 5. proviso therein contained: I believe you are merely cuzoned; for if you read the Preamble or Declaratory-part of the Statute, you shall find it there declared, That all grants of Monopolies, and of the benefit of any penal Laws, or of power to dispense with the Law, or to compound for the forfeiture, are contrary to Law; So that thereby it appears, the ancient fundamental known law of the Land, is absolutely against Monopolists; so that this Statute is no new law, but a declaration and confirmation of the old and just law of the Land, which makes the Statute the more stronger: but lest it should in future time, by any scrupulous or cautious Judge, be questioned, whether it be a true Declaration of the Law: Therefore, to make it strong, without staggering; it is not only declared to be law, but it is enacted to be so, and that by all the estates, in a free and peaceable time; which makes it as firm, and sure, without the least flaw in the world, as it is possible for any humane law to be made: And therefore, for the avoiding, and preventing of the like mischiefs in future time, as had happened in the Kingdom in times past, to the great grievance and inconvenience of the people; May it please your most excellent Majesty, at the humble suit of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, That it may be declared and enacted; And be it declared and enacted, by authority of this present Parliament, That all Monopolies, and all Commissions, Grants, Licences, Charters, and Letters Patents, heretofore made or granted, or hereafter to be made or granted to any person or persons, bodies politic, or corporate whatsoever, of, or for the sole buying, selling, making, working, or using of any thing within this Realm or the Dominion of Wales, or of any other Monopolies, or of power, liberty, or faculty, to dispense with any others, or to give licence or toleration to do, use, or exercise any thing against the tenor or purport of any Law or Statute, or to give or make any Warrant for any such dispensation, licence, or toleration to be had or made or to agree, or compound with any others for any penalty, or forfeitures limited by any Statute, or of any Grant or promise of the benefit, profit, or commodity of any forfeiture, penalty, or sum of money, that is, or shall be due by any Statu●e, before judgement thereupon had, and all Proclamations, Inhibitions, Restraints, Warrants of Assistants, and all other matters and things whatsoever, any way tending to the instituting, erecting, strengthening, furthering, or countenancing of the same, or any of them; are altogether contrary to the Laws of this Realm, and so are, and shall be utterly void, & of none effect, and in no wise to be put in ure or execution.  
Now I pray tell me, ye Monopolizers of London, of what strength, validity, or authority, is your proviso against this strong declared Law? truly, not worth a button, being absolutely weaker, than all the other 9 Prouisoes.  
But let us a little consider of your proviso; the conclusion of which, expressly saith, That your Fraternity, Charters, Customs, Corporations, Companies, Fellowships, and Societies, and their Liberties Privileges, Powers, and Immunities, shall be, and continue of such force and effect (mark it well) as they were before the making of this Act, and of none other: any thing before in this Act contained, to the conteary, in any wise notwithstanding. And truly, they were all of them illegal before, and therefore of no force and effect, as is fully proved and declared in the Preamble, so that you get not the breadth of a hair, either in point of benefit or power, by this proviso. But, notwithstanding, your Patents, Charters, etc. are not only declared and enacted, to be illegal, but also your estates liable to pay triple damages, and double costs, to all men that you wrong, contrary to this just and excellent Law: in which, besides the incurring the Praemunire, to any that shall delay an Action grounded upon this Statute: It is also enacted, That no Essoign, Protection, Wager of Law, Aid Prayer, Privilege, Injunction, or order of restraint, shall in any wise be prayed, granted, admitted, or allowed, nor any more than one imperlance.  
And for the further illustration, that the Proviso of London is under, both the declaratory, and penal part, of this Statute; seriously read and consider, the strength of the five last provisoes, which only are fenced in unquestionably, and you shall find their provisoes run clear in another strain to that of London, viz. Provided also, and be it enacted, that this Act, or any Declaration, provision, disablement, penalty, or other thing before in the Act mentioned; shall not extend to, etc. and in the conclusion of their proviso, the words run thus. That all etc. shall be, and remain of the like force and effect, and no other, and as free from the declarations, provisions, penalties, and forfeitures contained in this Act, as if this ACT had never been had nor made, and not otherwise.  
But compare the proviso for London (which is absolutely the weakest of the rest) and you shall find no such words in it at all; the words of which Proviso; thus follow:  
" Provided also, and it is hereby further intended, declared, and enacted; that this Act, or any thing therein contained, shall not in any wise extend, or be prejudicial unto the City of London, or to any City, Borough, or Towns-Corporate within this Realm; for, or concerning any Grant, Charters, or Letters-Pattents to them, or any of them, made or granted, or for, or concerning any custom or customs used by or within them, or any of them, or unto any Corporations, or Fellowships of any Art, Trade, Occupation, or Mystery, or to any Companies, or Societies of Merchants within this Realm, erected for the maintenance, enlargement, or ordering of any Trade of Merchandise; but that the same Charters, Customs, Corporations, Companies, Fellowships and Societies, and their liberties, privileges, powers, and immunities shall be and continue of such force and effect, as they were before the making of this Act (which was just none at all) and of no other: any thing before in this Act contained to the contrary in any wise: notwithstanding, the Statute of 3. James, chap. 6. which Statute opens and make free, the trade for Spain, Portugal, and France, with Sir Edward Cook's Comment upon the Statute of Monopolies, in the 3. part of his Institut. fol. 181. and his say upon the same subject, in his Exposition of Magna Charta, 2. part, Institut. fol. 47. is extraordinary well worth the judicious Readers serious perusal; for they will give a great deal of light about these Monopolists, etc. But in case the Reader have not the books by him, nor cannot furnish himself therewith without a great deal of money; if he please to furnish himself with my  Treatise (which for a very small matter he may) called Innocence and Truth justified, and read the 55, 56, 60, 61, 62. pages thereof: you shall find there, both the  Statute at large, and the marrow of Sir Edward Cooks Aaguments; to which I refer you.  
But if any man shall propound the question, and ask what's the reason that the Statute of Monopolies, being a Law of so great concernment, to all the people of London, is no plainer penned.  
I answer (according to that information that I have from every good hand, and one that knows as much of the hammering contriving, and passing of that Statute; as I think any one man in England doth) that in the Parliament before this most excellent Law passed, it was in more plainer expressions than now it is sent up to the Lords, who judged it so prejudicial to the Prerogative, and divers great Courtiers, that with scorn and indignation they tore it in their house, and threw it over their Bar; so that there was an end of it for that Parliament: But it being of so much use to the Commonwealth, as it was; some Patrons thereof in the next Parliament, set it on foot again, and prosecuted it very close: but judging it impossible, purely without clogs to pass the Lords; and if it did pass the Lords, yet they feared it would stick at the King; and therefore put in some colourable provisoes, which not one in a hundred could rightly understand: but it coming into the Lord's house with the provisoes, much all alike, the subtle, crafty, Attorney General, than Sir Thomas Coventry late Lord-Keeper presently found out the fallacy; and being put upon it by his Master the King, strengthened the five last provisoes as they are, which principally served his turn, and beating then a goodwill to the Commonwealth and the Law of the Kingdom, passed by that proviso of London, etc. that so the Act might be as beneficial for the Kingdom, as possible it could be got to be then: and to be the promoters of that Statute, were willing to please the King and his Courtiers, in admitting the five last provisoes, having gained London, etc. being the main and principal of all the rest, rather than not to have it pass at all; which than it was impossible to do without them: and therefore there was an extraordinary great necessity, to pen it so ambiguous & doubtful as it is, not only for casting a mist over the Citizen's eyes, as indeed they have done it excellently well; who if it had been plain, perspicuous, and easy to their understandings, would have interposed with all their might and strength: and if they could not have prevailed to stop it in the House of Commons; would have gone near to have bribed all the Courtiers about the Court (in which practices they are very well versed) before it should have passed either with the Lords, or King.  
Now seeing the Patentee-Monopolizers are so pernicious and destructive to the laws and liberties of England, as by constant experience they are found to be; that both informer Parliaments, and this present Parliament, the House of Commons have thrown divers Patentee-Monopolists, out of the House; as altogether unfit to be lawmakers, who have been such law-destroyers. It had been pure Justice indeed, if they had made no exceptions of persons; but swept the House of all such: and then the King in his Declaration of the 12. August, 1642. Book Declar. pag. 516. had not had so much cause too justly to hit them in the teeth, with being partial in keeping, Justice Laurence Whittaker, etc. who the King there saith, hath been as much employed as a Commissioner in matters of that nature, as any man. And by all the information that I can get, or hear of, from those that knew him well before the Parliament; the King in this particular hath spoken nothing but truth: and I am sure, and will to his face make it good, secundum legem terrae (that is by the law of the land, but not by the arbitrary law of Committees, that his estate and head will not make a sufficient satisfaction to the kingdom for those intolerable Inroads that he hath made since this Parliament, into & upon, the fundamental and essential liberties, privileges, and laws of England. Therefore to you my fellow-Citizens, the Clokemen of London, I make this exhortation, to make a petition to the Parliament, to bring him, & all such Delinquents, to condign punishments: which both the most of you, and the Parliament are bound unto (not only by your own interest, but also) by your protestation, etc. Book. Declar. 156. 191. 278, 629. And good encouragement you have from their own Declarations, so to do: For there they say, Book. Decl. 656. The execution of Justice is the very soul and life of the law. And pag. 39 they say, They are very sensible, that it equally imports them, as well to see justice done against them that are criminous, as to defend the just rights and liberties of the Subjects and Parliament of England. And in pag. 497. they say, Woe unto them if they do not their duty. Therefore never think that the Parliament will be worse than their words, or throw their own Declarations behind their backs: and therefore if you want the fruit of them; blame yourselves for not pressing them to make them good unto you. For I am sure it is their own Maxim and saying, that, of the Parliament there ought not to be thought or imagined a dishonourable thing, page 28. and therefore, as they would have men to believe the truth of this Maxim; so undoubtedly they will be very careful and wary not to do a dishonourable action, much less to protect visible Delinquents and Offenders amongst themselves in the great Council of the Kingdom, which were not only a dishonourable action, but would justly open all rational men's mouths (not only to think, but also) to speak dishonourably of them.  
But it may be, you will say, that your Grandees of London tell you, the Parliament will receive no Petitions from a multitude of Citizens, unless it come through the Common-council.  
I answer, true it is, there hath been a very strong report of such a thing in London; but roguery, knavery, and slavery is in the bottom of it: for if the prerogative-men of London could once bring you to that; they might tyrannize over you at their pleasure, ten times more than they do. Therefore, an enemy to the Liberties of England and London in the highest degree; he is that would persuade you, to believe any such thing: Yea, and I say further, he is an enemy to the honour, dignity, and safety of the Parliament that so doth: for this were to destroy the fundamental freedoms of England, which the Parliament themselves cannot destroy, being appointed to provide for our weal, but not for our woe, Book Decl. p. 150, 81, 179, 336, 361, 382, 509, 663 721, 726. and themselves say, pag. 700. that all interests of trusts are for the use of others, for their good, and not orherwise.  
And punishable is he, that shall make the people believe any such thing: the Parliament judging it the greatest scandal, that can be laid upon them, that they either do, or ever intended such a thing, as to enslave the people, and rob them of their liberties and freedoms, Book Decl. p. 264, 281, 494, 496, 497, 654, 694, 696, 705, 716.  
And therefore, when the King chargeth it upon them as a crime, that they have received Petitions against things that are established by Law; they acknowledge it to be very true, And further say, that all that know what belongeth the course and practice of Parliament, will say, that we ought so to do; and that both our Predecessors, and his Majesty's Ancestors have constantly done it, there being no other place, wherein laws, that by experience may be found grievous and burdensome, can be altered or repealed; and there being no other due and legal way, wherein they which are aggrieved by them, can seek redress, Book Decl. pag. 720.  
Yea, and when his Majesty hits them in the teeth, with the great numbers of people that used to come up to Westminster, the beginning of this Parliament, calling them tumultuous numbers; They tell him, that they do not conceive that numbers do make an Assembly unlawful; but when either the end, or manner of their carriage shall be unlawful. Divers just occasions (say they) might draw the Citizens to Westminster, where many public and private Petitions, and other causes were depending in Parliament, and why that should be found more faulty in the Citizens, than the resort of great numbers every day to the ordinary Courts of Justice, we know not, Book Decl. p. 201. 202. And therefore, pag. 209. they affirm, that such a concourse of people, carrying themselves quietly and peaceably (as they did) ought not in his Majesty's apprehension, nor cannot in the interpretation of the Law, be held tumultary and seditious:  
And therefore up and be doing again, as than you did, and also petition for the exemplary punishment of those amongst themselves, that have rob you of your Laws, Liberties, Franchises, and Trades; for besides all that is before named, a greater is behind, namely, the disfranchising of all you Clokemen of London, in giving any vote in choosing your Burgesses for Parliament, although I am confident you are above three hundred, for one Livery-man, and although your Persons and Estates, I dare say it have been voluntarily ten times more ready and serviceable, in these late distractions, to preserve the Parliament, and the Kingdom, and the laws and liberties thereof, than the Gown or Livery-men; although you be robbed, by them of yours. Truly for my part, I speak from my soul, and conscience, without fear, I know no reason (unless it can be proved that you are all slaves & vassals (why you should be concluded by the determinations, orders, and decrees of those, that you have no vote in choosing: (for it is a true and just maxim in nature, no man can bind me but by my own consent) neither do I see how in reason or conscience it can be expected from you, to pay any taxes, etc. but that the whole charge that is laid upon this City, should totally be borne by the Aldermen, and the Livery men till you be actually put in possession, and enjoy your equal share in the laws, liberties and freedoms thereof; as by the law of nature, reason, God and the land, yea, and your own ancient and original Charters, the meanest of you ought to do, as fully and largely in every particular, as the greatest of them.  
And now I am upon this theme, I will make bold humbly to propound or declare to the consideration of the Parliament, an insufferable injury, and wrong, that is done unto thousands of the freemen of England, by virtue of Prerogative Charters, and corporations, and the restrictive and unjust statute of the 8. H. 6. chap. 7. First, by Prerogative Charters, the King makes corporations of what paltry Towns he pleaseth, to choose two Burg●sses for the Parliament, in diver of which a man may buy a Burgesship for 40. or 50. l. and in some of which is scarce, 3. legal men to be found according to the Statute of 8. H. 6 7. that is to say, men that are worth 40. s. in land by the year, above all charges, and in others of them, are scarce any but Ale-house-keepers, and ignorant sots, who want principles to choose any man, but only those, that either some lord, or great man writes for, and recommends; or else one who bribe's them for their votes; and this undenezing of those Corporations, is an undenezing to all the towns and villages adjacent; in which live thousands of people, that by name are freemen of England, and divers of them men of great estates in money and stock; which also also are disfranchised, and undenezed, by the  unrighteous Statute; because they have not in land 40. s. per annum, and so shall have no vote at all in choosing any Parliament man, and yet must be bound by their Laws, which is mere vasalage; and besides, unrighteous it is, that Cornwall should choose almost 50. Parliament-men; and Yorkshire twice as big, and three times as populous, and rich, not half so many; and my poor Country the Bishopric of Durham, none at all; and so indeed, and intruth, are mere vassals and slaves, being in a great measure like the French Peasants, and the Vassals in Turkey: but the more fools they: for I profess, for my part, I would lose life and estate, lived I now in that Country, before I would pay 6. d. taxation; unless it might enjoy the common, and undeniable privilege in choosing, (as others, and all the Countries in England, besides, do) Knights and Burgesses, to sit and vote in Parliament: the greatest hinderer of which, at the present, I judge to be old Sir Henry Vane, the Vain and unworthy Lord Lieutenant thereof, who hath done more mischief to that poor Country, by his negligence, if not absolute wilfulness, perfidiousness, and treachery, (the discovery of which you may partly read in the 19, 20, 21. pages of England's Birthright; and which I understand is likely shortly more fully to be anatomised (if he turn not the more honester and juster speedily) by them or him, that to the death will avouch it,) than his life and estate can make satisfaction. And therefore, me thinks it were a great deal of more Justice and Equity, to fix upon the certain number of the men, that the House of Commons should consist of at 500 or 600. or more, or less, as by common consent should be thought most fit; and equally to proportion out to every County, to choose a proportionable number, suitable to the rates, that each County by their Books of Rates are assessed, to pay towards the defraying of the Public charge of the Kingdom; and then each County equally and proportionable by the common consent of the People thereof to divide itself into Divisions, Hundreds, or Wapentakes, and every Division of and within themselves, to choose one or more Commissioners to sit in Parliament, suitable to the proportion that comes to their share: which would put an end and period to all those inconveniencies that rarely happen, which are mentioned in the foresaid Statute of the 8. H. 6, 7. and restore every freeman of England, to his native, and legal rights and freedoms: Oh! that England might enjoy this peace of pure Justice; the which if it do not, the freemen thereof may blame themselves.  
But now to return back to the City, and its prerogative-Monopolizers, who, and their predecessors, I may justly say, have been main and principal Instruments of all England's woe and misery; as I dare pawn my life upon it, clearly, justly, and rationally to demonstrate: for what hath brought all the present wars upon us, but the unjust swelling of the Prerogative, beyond the just Bounds of the known, and established Law? and who hath put the arbitrary commands thereof in execution; but principally the Monopolising Citizens? as in hundred of particulars, might clearly be evidenced, and furnished the King from time to time, and year to year, with vast sums of money, to supply his extravagancies, and the extravagancies of his extravagant Courtiers, which did enable him to break off former Parliaments at his pleasure, and to keep them off, so long, till this poor Kingdom with oppression and injustice was almost destroyed.  
And sure I am, if the King had found none to obey, or put in execution his illegal commands; our former miseries, and these present wars had never been: and impossible it would have been for the King to have kept off Parliaments so long as he he did, if these men and their predecessors had not been beginning, original, and ill precedents, illegally (from time to time for their own particular ends and advantages) to supply his necessities with vast sums of money: yea, I have heard it from very good hands, of solid and substantial Citizens, That after the breaking up of the Parliament in the third of this King, the Corporation of MERCHANT ADVENTURERS, freely and voluntarily without any compulsion, made a most unjust, and England-destroying and enslaving order, in their Company, TO PAY UNTO THE KING CUSTOMS, etc. for all their Merchandise, contrary unto law, and the liberties of England. Yea, and in affront of the late, or most excellent Parliament that had made the Petition of Right, by which all royal impositions, and levies whatsoever, are damned: and not only enacted, but also declared, to be against the Fundamental laws of the kingdom; and yet I never heard of any of these men, whose life and estate was made a just sacrifice therefore; although to my understanding, they as much, if not more, deserve it, than the Earl of Strafford, But contrary to their deserts, divers of the Grandees of this very Monopoly, and illegal Corporation, are become the great Treasurers of the kingdom's money, both in the Customhouse, and Excise; contrary to law, right, equity and conscience: which action of the Parliaments, in putting them into those a grand places, loseth the Parliament more in the affections of thousands of honest people; and will, if not speedily prevented, make a greater breach in the peace of this distressed kingdom, than all their estates confiscated will repay: For people do already very much murmur, and begin privately to question the intentions of the Parliament in reference to these men: and many begin to say, that this demonstrates unto them, that they shall but only have a change of Masters, and not of their Bondage, slavery, and oppression; seeing such Varlets, Vipers, Pests, enemies and destroyers of the laws and liberties of England employed in the great Places of the kingdom, who must needs act according to their old and corrupt principles, and drive on their habituated and destructive designs against the weal, peace, trade, and tranquillity of this poor bleeding kingdom. And if (say the people) these worst of men, who eat up men's trades and livelihoods, and so suck their bloods, as Sir Edward Cook in his forementioned discourse well observes, and destroy men and this poor kingdom, with a secret destruction, shall possess the Customhouse; are they not enabled thereby to curb every Merchant that hath any Principles in him for the laws and freedoms of England; are they not enabled hereby, to send their agents, creatures, and servants, to all the Ports and Sea-townes of England, where, they have an influence into the elections of all the Burgesses that in any of them are chosen to sit in Parliament. By means of which we may have (say they) wickedness, bondage, slavery, and all kind of Monopolies established by a Law: and then our last error will be worse than the first, and all our money, & blood, and fight, shed and spent in vain. And have not the Excise-men the same power in every particular, in their hands likewise: For can they not, yea do they not sit upon the skirts of every man that hates and opposes their tyrannising and monopolising ways? And do they not authorise, and send their Sub-commissioners, etc. into all the Counties and Corporations in England, where they have the same influence into all elections, that their brethren at Customhouse have in Seaports and Havens? Nay, these Blades strengthen their interest, and make it double. therefore look about you Gentlemen, before it be too late. For sure I am, were it not for those unhappy, unnatural and irrational divisions, that these men (with the help of their Monopolising brethren the Clergy) have made amongst us; I am assuredly and confidently persuaded, that neither the King nor the Scots, nor yet the unjust Lords, would be so high in the Instep, as they are; which is like to beget a new war again. For shame therefore unite in affection, though you cannot in judgement, in matters of Religion, and study and stand for your common interest, laws and liberties, and take heed the French come not creeping in at a back door: For they have already got Dunkirk, and so are furnished with a good Harbour and store of shipping, from whence with a fair wind they can in 6 or 8 hours' land in the coasts of ken, Essex, Suffolk or Norfolk: Therefore beware of those two dangerous places, Lin, & the Isle of Lovingland, hard by Yarmouth: therefore up, and as one man, to the Parliament with a Petition, to displace all those Monopolilize●s, and to put honest Englishmen into their places, that love the Fundamental laws, and the common and just liberties of the Nation; And also desire the Parliament to reduce the public treasure of the kingdom, into the cheap, public, and old good way of the kingdom. The Exchequer for these obscure clandestine ways of these men's receiving and paying moneys, is not safe nor profitable for the kingdom, if you will believe Mr. John Pyms Speech, made at the Bar of the House of Peers against the Duke of Buckingham, which is a most excellent speech. And also desire the Parliament, not only to remember, but also cordially, hearty, and really to put in execution their self-denying Ordinance, that they themselves may be examples of self-denial to all the men in the kingdom. For a hard matter is it for any Parliament-man  he be, in such times of distress as these are, wherein Soldiers that have ventured their lives for eight pence a day, to save both the Parliament and the kingdom, and many poor Widows and fatherless children, that have lost their husbands and Fathers in the wars, and are now ready to starve and perish for want of bread; and yet cannot get their small arrears. And when the kingdom is reduced to that poverty, that Excise and Taxes must be laid upon poor men, that have wives, children and families, and nothing to maintain them with, but what they earn with the labour of their lands, and the sweat of their brows, and yet then for &c. to have great places of 1000 l. 1500. l. or 2000 l. per annum, and the salaries and stipends of them paid out of the public stock, when they are able to live in pomp and gallantry of themselves besides: and it is possible to get honest, faithful, and experienced men, that have ventured life and all for the common wealth, to officiat in those places, as well, if not better, for 100 l. or 150. l. or 200. l. per annum: let such men, if there be any profess what honesty or Religion they will; l I profess seriously, that to me such actions, at such a time as this; are clear demonstration to me, that such men have neither honesty, Christianity, nor Religion; but merely make them pretences for their own unworthy ends.  
And this Parliament being now a standing Parliament, and like so to continue; it is very hard that the Lawyers thereof should run from Bar to Bar to plead causes before Judges made by themselves, who dare not easily displease them, for fear of being turned out of their places by their means. Sure I am, well and conscientiously to officiate the single place of a Parliament man; is enough for one.  
But to return again to the Monopolizers, the endevourers, & contrivers of England's destruction. If Alex. Archb. of York, and Rob. de Veer, Duke of Ireland, etc. deserved to be prosecuted as traitors, for but endeavouring at the King's command to destroy certain members of both Houses: How much more do these law-and-kingdome-destroying Monopolizers, deserve the same, that have not only endeavoured the destructions of some Parliament-men, but also the very Being of all Parliaments themselves; and so by consequence; the whole kingdom. Sure I am, if the Commonalty of London will carefully peruse their own ancient and just Charters, they shall find, That they within themselves have power enough not only to disfranchise all these Monopolizers, but also all other freemen of London that shall endeavour the destruction of their ancient fundamental and just Freedoms, Liberties and Franchises: And that they, namely, the Commonalty, have not only liberty to choose their Lord Mayor, and that not only from amongst the Court of Aldermen; but also if they please, they may choose a discreet man from amongst themselves: And the Commonalty in every Ward; upon a fixed day, are enabled once every year to choose an Alderman in every Ward, with an express Prohibition, that one man shall not be Alderman two years together. And the Commonalty expressly have a power to choose Chamberlain, common Sergeant, Bridgemaster, etc. and to whom alone they are to be accountable for the moneys in their offices received.  
Now having brought this Discourse to this period; it behoves me a little to Apologise for myself: because I believe I shall have a whole sea of indignation to arise against me; which I here profess I fear not, nor value, if I may have fair play, and have not my hands and feet bound, and then challenge to fight, and defend myself. And truly I must say, and that in the presence of God. I have in the singleness of my heart, without ends of my own; discharged my conscience: the boilings of which I could not withstand, being at the writing hereof in Jeremy's case, when he said, pleading with God, Thy word was in my heart as a burning fire shut up in my Bones, and I was weary with forbearing, and I could not stay, Jer. 20.9.  
But yet, because  I meet with besides, I persuade myself I am sure to meet with the revile, and reproaches of the barking curs of the times, such as (S. Shipard) etc. who in my close captivity have nibbled at my heels, like brats of the old Serpent; I shall therefore, for my present apology, publish to the view of the world, the deal of Mr. john White, a Warder in the Tower with me, who lately writ a most false and scandalous book against me, & with much importuning the Lieutenant of the Tower, (being prohibited Pen, Ink, and Paper) I obtained leave from him, upon certain conditions made with him, to write an answer to it; which was, that I should not in the least meddle with his masters that committed me; and to let him see it, before it was printed, which I performed. But my Angatonist, old john White, as it appears to me, hearing the Answer was very plain, and home English; sent me a message by a Gentleman, my fellow-prisoner, That he desired to put the difference betwixt us to arbitration: And I being a man of peace, and willing to avoid jangling, if it were possible; upon agreement to compose it.  
I did choose two of my fellow prisoners, strangers to me, and men of opposite principles; but knowing the Justice of my cause, and being convinced of the moral Justice of the Gentlemen: I chose Sir Lewis Dive, and Sir William Morton; and he choose Sir John Strangewayes, and Sir John Glanvill; and the first day of the hearing of the business was before Col. Francis West Lieutenant of the Tower at his own house, where we both referred ourselves, to stand to the final award of our foresaid Arbitrators: at which hearing, they were pleased to give my Antagonist certain days time to procure Witnesses, to prove the essentials of his Charge; and he outstripping the time, and I lying under his public disgrace and calumny; I pressed them for a conclusion: upon which they issued out this following Warrant.  

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


John Glanvill.  
John Strangewayes.  
Lewis Dive.  
William Morton.     
But the next day, the Lieutenant's office not permitting him to be present at the final hearing; we all met at Sergeant glanvil's Chamber, where after a large and fair hearing, they made this award under their hands and seals; the Copy of which, thus followeth:  

TO all true Christian people to whom these presents indented shall come; We Sir John Strangewayes, Sir Lewis Dive, Sir John Glanvill, and Sir William Morton Knights, Arbitrators, heretofore (that is to say, upon the 26. day of Septemb. last past, before the date hereof) indifferently chosen by Lieutenant Col. John Lilburn," of the one party, and John White, one of the Warders of the Tower of London, of the other party, for the ending of all differences, and matters of controversy betwixt them; having entered into the hearing of the said differences, and matters of controversy, upon the said 26. day of September, and having upon the 6: day of this instant month of Octob. 1646. in the 22. Year of the Reign of our Sovereign Lord King Charles, fully heard the said differences, and matters of controversy; Do find the same to be, and arise by, and upon the writing and publishing in print, of a certain Book, entitled, John Whites Defence, in behalf of himself, etc. against a lying and scandalous Pamphlet, written by John Lilburn, entitled, Liberty vindicated against Slavery: In the 7. p. of which Book, to written, and published by the said John White; he intimateth, That the said Lieut. Col. Lilburn, was, and is the Author of another scandalous Libel; entitled, An Alarm to the House of Lords: and in a Postscript added to the same Book of the said John White, pag. the 12; he allegeth the said Lieut. Col. John Lilburn, to be the Author and" contriver of a printed Letter, annexed to the said Book or Treatise, of Liberty vindicated against Slavery: of which Letter, he rehearseth a passage, reflecting in a scandalous way upon the honourable houses of Parliament: Of which Book, entitled, John Whites Defence, the said John White confesseth, and acknowledgeth himself to be the Author and Publisher.  
But the said Lieut. Col. Lilburn denied himself to be in any sort the Writer, Contriver, Author, or publisher of the said other Books, Treatise, and Letter, or of any of them; or that he had any hand, direction, or approbation, in, or concerning the writing, printing, or publishing of the same, or any of them.  
" And the said John White, did not at our entering into the hearing of the said differences, and matters of controversy, nor at any time since produce or offer unto us any sufficient proofs, by witnesses, or otherwise: Whereby it did, or might appear unto us, That the said Lieut. Col. Lilburn was the Writer, Contriver, Author, or publisher of the said Books, Letters, and Treatise, so by him denied as aforesaid, or of any of them: And the said John White being now offered further time to produce his witnesses, or other good proofs, which he had to insist upon, for the making good of the several Imputations, in, and by his the said John Whites book, laid and fixed upon the said Lieut. Col. Lilburn; He the said john White, absolutely refused to take any further time in that behalf; expressly saying, he would travel no more in it; We the said Arbitrators, upon due consideration of the whole premises aforesaid, a●e c●eer of opinion; That the said john White (as the ca●e hath been, & is represented & appearing before us) had no sufficient ground to write print, or publish, That the said Lieut. Col. Lilburn was the Writer, or Author of the said Books, Treatise, and Letter, or any of them: But that the said john White in and by his writing, p●inting and publishing of his said Book, entitled, john Whites Defence, etc. in manner and form as aforesaid hath unjustly scandalised the said L. Col. ●ohn ●ilburn; And therefore, we the said Arbitrators do most unanimously ●ward, That the said john White shall before the 10. day of this instant month of October, make a public acknowledgement before Col. Francis West, Lieutenant of the said Tower of London, at his the said Lieutenants house in the said Tower, That he the said john White hath done the said Lieut. Col. john Lilburn wrong, and shall make and pronounce the said acknowledgement, in these words following; That is to say, I john White, one of the Warders of the Tower of London; Do acknowledge, that I have unjustly wronged Lieutenant Col. I. Lilburn, in, and by my writing, and publishing in print, in such sort as I did, That he was the Writer, Author, or Contriver of a Book called, Liberty vindicated against Slavery, And of a Printed Letter thereunto annexed; And of a Book, called, An Alarm to the House of Lords: For all which, and for all the unjust, and scandalous matters and language alleged, and used by me, in my said Book, reflecting upon the said Lieutenant Col. Lilburn; I am hearty sorry.  
We the said Arbitrators do also award, That after the said john White hath so made and pronounced the said acknowledgement before the said Mr. Lieutenant; He the said john White shall then deliver his said acknowledgement in writing (subscribed by him the said john White) into the custody of the said Lieutenant Colonel john Lilburn, to be by him kept and disposed of, for his better vindication, against the said scandals said upon him by the said john White, in his the said john Whites said Book.  
Lastly, we the said Arbitrators do award, That this our award shall be a final end of all differences and matters of controversy whatsoever betwixt the said Lieut. Col. I. Lilburn, and the said john White, to us, or to our award in any wise, submitted by the said parties, from the beginning of the world, unto the day of their said submission to our award; so fare as the same doth, or may concern the said parties, or either of them in their particulars: and that the said parties from henceforth shall▪ continue lovers and friends, without any repetition of former injuries on either part.  
And for the better clearing of the said john White in his credit, touching some rumours of cozenage, and perjury by him supposed to be committed, or touching his being forsworn, lately scattered abroad to his discredit; We the said Arbitrators, do unanimously declare; that we have not found any colour, much less any just ground to fix upon the said john White any suspicion, of, or for the same, or any part thereof; But do thereof in our opinions, absolutely clear him. Given under our hands and seals the 7. day of Octob. aforesaid, 1646.  


John Strangwaies.  
Lewis Dives,  
John Glanvill.  
William Morton.     
But the Lieutenant not being willing, for causes best known to himself, that the submission or recantation, should be made before, or in his presence; it was done at Lir John glanvil's chamber: the Copy of which, thus followeth:  

I John White, one of the Warders of the Tower of London, Do acknowledge, that I have unjustly wronged Lieut. Col. john Lilburn, in, and by my writing, and publishing in print, in such sort as I did; that he was the Writer, Author, or Contriver, of a Book called, Liberty vindicated against Slavery; and of a Printed Letter thereunto annexed; and of a Book or Treatise, called, An Alarm to the House of Lords: For all which, and for the unjust, and scandalous matters and language alleged, and used by me, in my said Book, reflecting upon the said Lieut. Col. Lilburn; I am hearty sorry: and in testimony thereof, I have hereunto subscribed my hand, the 8. day of October, 1646.  
JOHN WHITE. Subscribed, pronounced, and accepted, the 9 day of Octob. 1646, in the presence of us; 



Knights.  
John Strangwaies,  
Lewis Dive,  
john Glanvill,  
William Morton,  
Henry Vaughan,    
Christopher Comport, Warder in the Tower.     
And now to conclude at the present; because there is not any, discourse of mine own abroad in Prin● (since I was first locked up so close, as I was by the Lords in Newgate) by way of Narrative, to state my case to the world; I shall, it may be, inform and silence, many men's rash censures; by inserting first my Wife's late Petition to the House of Commons; and because by a Gentleman of the Committee to whom my cause was referred, it was judged a Declaration, rather than a Petition, and so unfit to be insisted upon any further, after once reading there: although I am not apt to think, if I had been a man accustomed to write Letters to my Lord Cottington, when he was at Oxford at that time; when by Ordinance of Parliament, it was little less than death so to do, her Petition, and my cause, would have found more favour from that Gentleman, than they did, whose cavels necessitated me to send a Petition of my own, to the same Committee, which I sha●l also insert. But first of all, my wife's Petition thus followeth:  

To the Chosen and betrusted Knights, Citizens and Burgesses, assembled in the high and supreme Court of PARLIAMENT.  
The Humble Petition of ELIZABETH LILBURNE, wife to Lieu. Col. JOHN LILBURNE, who hath been for above eleven weeks bypast, most unjustly divorced from him, by the House of Lords, and their tyrannical Officers, against the Law of GOD, and (as she conceives) the law of the Land.  
Shows,  
THat you only and alone are chosen by the Commons of England, to maintain their Laws and Liberties, and to do them justice and right; 
a Coll. of decls: pag. 264. 336. 382, 508, 613. 705. 711. 716, 721, 724, 725, 726, 729. 730.  which you have often before God and the World sworn to do: 
b Coll. decls. page ●6● SIXPENCES▪ protestation ● and covenant▪  yea, and in divers of your Declarations declared; it is your duty (in regard of the trust reposed in you) so to do; 
c Coll. decls. pag. 81● 17●▪ 262, 266, 267, 340, 459. 462, 471, 473, 5●●, 690.  without any private aims, personal respects, or passions whatsoever: 
d Col. declare p. 464, 490, 750.  And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends: 
e Coll. declare. p. 214. 67.  And that you will give up yourselves to the uttermost of your power, and judgement; to maintain truth, and conform yourselves to the will of God; 
f Col. decla. p. 666.  which is to do justice and 
g jer. 22. ●5. 16, 17.  right, and secure the Persons, Estates, and Liberties of all that joined with you; 
h Col. declare. 666. 673.  imprecating the judgements of heaven to fall upon you when you decline from these ends: 
* Col. Declar. 4  you judging, it the greatest scandal that can be laid upon you, that you either do or intent to subvert the Laws, Liberties, and Freedoms of the people. 
i Col. decla p 264, 281, 494. 497. 654, 694, 696.  Which Freedoms, etc. you yourselves call, The common Birthright of Englishmen, 
k col. declare. p. 738, 14845.  who are born equally free, and to whom the law of the land is an equal inheritance: And therefore your confess in your Declaration of 23. Octob. 1642. 
l Pag. 660.  It is your duty to use your best endeavours, that the meanest of the Commonalty may enjoy their own birthright, freedom and liberty of the laws of the land; being equally (as you say) intiteld thereunto with the greatest subject, The knowledge of which, as coming from your own mouths, and Pen, emboldened your Petitioner, with confidence, to make her humble address to you, and to put you in mind, that her husband, above 2 months ago, made his formal and legal appeal to you against the injustice and usurpation of the Lords acted upon him; which you received, read, committed, and promised him justice in: But as yet no report is made of his business, nor any relief or actual justice holden out unto him; although you have since found time to pass the Compositions and pardons, for the infranchising of those that yourselves have declared Traitors and Enemies to the kingdom: which is no small cause of sorrow to your Petitioner, and many others, that her h●sband, who hath adventured his life, and all that he had in the World, in your lowest condition for you should; be so slighted and disregarded by you, as though you had forgot the duty you own to the kingdom, and your many Oaths, Vows, and Declarations 
** Decl. 460. 498. 666. 673  which neglect hath hastened the almost utter ruin of of your Petitioner, her husband, and small children. For the Lords in a most tyrannical and barbarous manner (being encouraged by your neglect) have since committed her husband, for about three weeks, close prisoner to Newgate, locked him up in a little room, without the use of pen, ink, or paper (for no other cause but for refusing to kneel at the Bar of those, that by Law are none of his Judges.) 
m Magna ●harta 29 Sir ●. Cook 2. 〈◊〉 Instit, fol. 28, ●9. Rot. 2. Ed. 3.  The cruel Jailers all that time refusing to let your Petitioner, or any of his friends, to set their, feet over the threshold of his chamber door, or to come into the prison-yard to speak with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries. A most barbarous & illegal cruelty! so much complained of by yourselves in your Petition and Remonstrance to the King, 1. Decemb. 1641. 
n col. declare. 6, 7, 8.  and digested and abhorred there, by you, as actions and cruelties being more the proper issues of Turks, Pagans, Tyrants, and men without any knowledge of God, then of these that have the least spark of Christianity, Honour, or justice in their breasts. And then while they thus tyrannised over your Petitioners husband; they command (as your Petitioner is Informed) Mr. Sergeant Finch, Mr. Hearne, Mr. Hail, and Mr. Glover, to draw up a charge against your Petitioners husband, without giving him the least notice in the world of it, to fit himself against the day of his trial: but contrary to all law, justice, and Conscience, dealt worse with him, than ever the Star-Chamber did; not only in keeping his Lawyers from him, but even all manner of Councillors and Friends whatsoever, even at that time when they were about to try him: and then of a sudden send a Warrant for him to come to their Bar (who had no legal authority over him) to hear his charge read: where he found the Earl of Manchester his professed enemy, and the only party (of a Lord) concerned in the business; to be his chief Judge, contrary to that just Maxim of law, That no man ought to be both party and judge; (a practice which the unjust Star-chamber itself, in the days of its tyranny, did blush at, and refuse to practice, as was often seen in the Lord Coventries' case, etc.) And without any regard to the Earl of Man hesters imment (in your House) of treachery to his Country, by Lieu. Gen. Cromwell, which is commoely reported to be punctually and fully proved, and a charge of a higher nature than the Earl of strafford's, for which he lost his head: And which also, renders him, so long as he stands so impeached; uncapable in any sense, of being a judge. And a great wrong and injustice it is unto the kingdom to permit him; and to himself, if innocent; not to have had a legal trial ere this, to his justification or condemnation. And besides all this, because your Petitioners husband stood to his appeal, to your Honours, and would not betray England's liberties; which you have, all of you, sworn to preserve, maintain, and defend: they most arbitrarily, illegally, and tyrannically, sentenced your Petitioners said husband to pay 4000.l. to the King (not to the State) for ever to be uncapable to bear any Office in Church or Commonwealth, either Marshal or Civil, and to lie seven years a prisoner in the extraordinary chargeable prison of the Tower; where he is in many particulars illegally dealt withal, as he was, when he was in Newgate.  
Now forasmuch as the Lords as they claim▪ themselves to be a House of Peers have no legal judgement about Commoners, that your (Petitioner can hear of, but what is expressed in the Statute of the 14 Ed. 3. 5. which are, delays of justice, or error in judgement in inferior Courts only, and that with such limitations and qualifications, as are there expressed; which are, that there shall be one Bishop at least in the judgement, and an express Commission from the King, for their meddling with it. All which was wanting in the case of your Petitioners husband, being begun and ended by themselves alone. And also seeing that by the 29 of Magna Charta, your Petitioners husband, or any other Commoner whatsoever; in criminal cases, are not to be tried otherwise then by their Peers: which Sir Ed. Cook, in his exposition of Magna Charta, (which book is printed by your own special authority) saith, is meant [equals] fol. 28. In which, (saith he, fol. 29.) are comprised, Knights, Esquires, Gentlemen, Citizens, Yeomen, and Burgesses of several degrees; but no Lords. And in p. 46. he saith: No man shall be disseised] that is, put out of seison, or dispossessed of his freehold; that is, (saith he) lands, or livelihood, or of his liberties or free customs,] that is, of such franchises and freedoms, and free customs as belong to him by his free Birthright, unless it be by the lawful judgement (that is, verdict of his Equals; that is (saith he) of men of his own condition:] or by the law of the land; that is (to speak it once for all) By the due course and process of law. And, saith he, No man shall be in any sort destroyed, unless it be by the verdict and judgement of his Peers] that is, equal or by the law of the land. And the Lords themselves in old time, did truly confess: That for them to give judgement of a Commoner in a criminal case, is contrary to law; as is clear by the Parliaments record in the case of Sir Simon d' Bereford. 4. Ed. 3. Rot. 2. the copy of which is now in the hands of Mr. H. Martin, & they there record it, That his case who was condemned by them for murdering King Edw. ●. shall not be drawn in future time into precedent, because it was contrary to law, they being not his Peers, that is, his Equals. And forasmuch as the manner of their proceed was contrary to all the former ways of the law publicly established by Parliament in this kingdom, as appears by several Statutes 
o 5. Ed. 3. ●. 25. Ed. 3 4. 28. E. 3. 3. 37. Ed. 3. 8. 38. Ed. 3. 9 42, Ed. 3. 3. 17. Ri. 2. 6. Rot. parli. 43. E 3. Sir Io: Alees case, Num. 21, 22, 23, etc. lib. 10. fol. 74. in case delar. marshalseas, see Cook, 2 part Instit. fol. 46.  which expressly say, That none shall be imprisoned, nor put out of his freehold, nor of his franchises, nor free customs, unless it be by the law of the land, And that none shall be taken by Petition, or suggestion made to the King, or to his Council, unless it be by indictment, or presentment of good and lawful people of the same neighbourhood where such deeds be done, in due manner, or by process made, or by Writ original at the common-law. Which Statutes are nominally and expressly confirmed by the Petition of Right, by the Act made this present Parliament for the abolishing the Star-chamber; and thereby, all acts repealed that formerly were made in derogation of them. But contrary hereunto, the Lords (like those wicked Justices spoken of by Sir Ed. Cook 
p 2. Part. Instit. 51.  in stead of trying her husband by the law of the land; proceed against him by a partial trial, flowing from their arbitrary will, pleasure, and discretion, etc. 
* Rot. part. 2. 1. H. 4. mem. 2. num. 1.27. Instit. f. 51. Book declare. 58. 39 278. 845.  For though they summoned him up to their Bar, June 10. 1646. to answer a Charge: yet they refused to show it him, or give him a Copy of it, but committed him to Newgate, June 11. 1646. (although he behaved himself then with respect towards them both in word and gesture), merely for refusing to answer to their Spanish Inquisitionlike Interrogatories, and for delivering his legal Protestation. Their Mittimus being as illegal as their summoning of him, and their own proceed with him. Their commitment running, To be kept there: not till he be delivered by due course of Law; but, During their pleasure: which Sir Edward Cook saith, is illegal, 
q 2. part. instit fol. 52, 53.  and then locked up close, that so he might be in an impossibility to understand how they intended to proceed against him.  
Wherefore your Petitioner humbly prayeth, to grant unto her husband the benefit of the law, and to admit him to your Bar himself, to plead his own cause, if you be not satisfied in the manner of his proceed, or else according to law, justice, and that duty & obligation that lieth upon you; forthwith to release him from his unjust imprisonment: and to restrain & prohibit the illegal & arbitrary proceed of the Lords, according to that sufficient power enstated upon you, for the enabling you faithfully to discharge the trust reposed in you, & to vacuate this his illegal sentence and fine, and to give him just and honourable reparations from the Lords, & all those that have unjustly executed their unjust Commands: It being a Rule in law, and a Maxim made use of by yourselves in your Declaration 2. Novemb. 1642. 
r col declare. 723.  That the Kings illegal commands, though accompanied with his presence, do not excuse those that obey them; much less the Lords, with which the law accordeth, and so was resolved by the Judges, 16. Hen. 6. 
s See Cook. 2. part. Instit. fol. 187.  And that you will legally and judicially, exexamine the crimes of the Earl of Manchester, and Col King, which the Petitioners husband, and others, have so often complained to you of, and do exemplary justice upon them, according to their deserts: or else, according to law and justice, punish those (if any) that have falsely complained of them. 
t 3. E. 33. 2. R. 2.5. 37. E. 3. 18. 38. E 39 12. R. 2. 11. 17. R. 2. 6. 122. p. & M. 3. 1 El. 6.  And that you would, without further delay, give us relief by doing us justice. 
v 9 H. 3. 29 2. E. 3. 8. 5. E 3. 9 14. E. 3 14. 11. E. 2. 10.  All which, she the rather earnestly desireth, because his imprisonment in the Tower is extraordinary chargeable and insupportable: although by right, and the custom of that place; his fees, chamber, and diet, aught to be allowed him, and paid out of the Treasure of the Crown) he having wasted & spent himself with almost six years' attendance, and expectation upon your Honours for justice and raparations against his barbarous Sentence, etc. of the Star-chamber, to his extraordinary charge and damage, and yet never received a penny; and also lost divers hundred pounds, the year he was a prisoner in Oxford Castle for you. Neither can he receive his Arrears for (the price of his blood) his faithful service with the Earl of Manchester, although he spent with him much of his own money. And the last year, by the unadvised means of some Members of this Honourable House, was committed prisoner for above 3. months, to his extraordinary charges and expenses: And yet in conclusion he was released, and to this day knoweth not wherefore he was imprisoned. For which, according to law and justice, he ought to receive reparations; but yet he never had a penny. All which particulars considered, do render the condition of your Petitioner, her husband and children, to be very nigh ruin and destruction, unless your speedy and long-expected justice prevent the same. Which your Petitioner doth earnestly entreat at your hands, as her right, and that which in equity, honour, and conscience, cannot be denied her. 
w col. declare. 127, 174, 244, 253, 282, 284, 285, 312, 313, 321, 322, 467, 490, 514, 516, 520, 521, 532, 533 534, 535, 537, 539, 541, 543, 555, 560.   
And as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you own to the kingdom, according to the Great Trust reposed in you: And so free yourselves from giving cause to be judged men that seek yourselves more than the public good.   

To the Honourable, the chosen, betrusted, and representative Body of all the Freemen of England, in PARLIAMENT assembled.  
The humble Petition of Lieut. Col. John Lilburn, a legal Freeman of England; though now unjustly imprisoned by the Lords, in the extraordinary chargeable Prison of the Tower of London.  
SHOWETHS, THAT  
WHereas the Petitioner is a legal and freeborn Englishman, and aught by the fundamental laws of this Land, to enjoy the benefit of all the laws, liberties, privileges, and immunities of a freeborn man, and a Commoner of England: and whereas by the Laws and Statutes of this Realm; no freeman may be taken & imprisoned, but by lawful judgement of his equals, who are men of his own condition, and the Law of the Land: and by the Law of the same, no man ought to be imprisoned, before he be taken upon indictment, or presentment, by good men of the same neighbourhood, or by due process of Law. And whereas, every man that is taken or imprisoned by the common Laws of the Land, aught to be bailed: But he that is taken and convicted for Murder or Felony, or for some other offence for which a man ought to lose life or member. And by the Statutes of this Realm, every man is bailable; unless he be taken for Treason, Murder, Felony, or some particular case excepted; whereof the Petitioner is no ways guilty. But your Petitioner showeth, that he being taken and imprisoned above 4 Months, by colour of unjust orders, and an illegal sentence of the Lords pronounced against him in their house (although they have no legal jurisdiction over him) for supposed contempts and scandals committed against them, which was nothing else then a defence of his own liberty, and of all the freemen of England, in a plea and defence put into the said house, which contained an Appeal to your Honours, against their unjust proceed: for which supposed contempts, he is by their unjust sentence committed to the Tower, there to remain for the space of 7. years, and disabled to bear any office, either Military or Civil, and to pay 4000.l. Fine: All which proceed of their Lordships, the Petitioner doth protest against as unjust, illegal, and destructive to the liberties, immunities, and privileges of all the Commons of England; which he doubts not to free himself, and all other freeborn Englishmen, of, by the Justice of this honourable House (to whom he hath formerly, and now also doth Appeal) and by the assistance of the Laws of this Land.  
Therefore, your Petitioner doth most humbly pray, that he may be enlarged, at least upon bail, being by Law liable to follow and prosecute his cause depending before you, and redemption from the said illegal sentence, and to obtain just and legal reparations from the inflictors and executors thereof.  
And he shall pray, etc. JOHN LILBURN.   
COurteous Reader, by reason I am prohibited to have Pen, Ink, and Paper; I am forced now to write a piece, and then a piece, and scarce have time and opportunity seriously to peruse and correct what I writ; and in regard I cannot be at the Press, either to correct, or revise my own lines (which besides is attended with many difficulties and hazards,) I must entreat thee, as thou readest, to amend with thy Pen, what in sense or quotations may be wanting, or false; & I shall rest thy true and faithfu●l Countryman, ready to spend my blood for the fundamental Laws and Liberties of England, against any power  that would destroy them.  
JOHN LILBURN. From my prerogative, and illegal imprisonment in the Tower of London, this present Octob. 1646.  
FINIS.