THE Oppressed Man's Oppressions declared: OR, An Epistle written by Lieut. Col. JOHN LILBURN, Prerogative-prisoner (by the illegal and arbitrary Authority of the House of Lords) in the Tower of London, to Col. Francis West, Lieutenant thereof: In which the oppressing cruelty of all the Gaolers of England is declared, and particularly the Lieutenants of the Tower▪ As also, there is thrown unto Tho. Edward's, the Author of the 3. Ulcerous Gangraenes, a bone or two to pick: In which also, divers other things are handled, of special concernment to the present times. Prov. 21.7. The robbery of the wicked shall destroy them; because they refuse to do judgement. Prov. 21.15. It is joy to the just to do judgement, and chap. 29.10. The bloodthirsty hate the upright but the just seek his soul. SIR, IT is the saying of the Spirit of GOD, in the 12. Prov. 10. That a righteous m●n regardeth the life of his Beast, but the tender mercies of the wicked are cruel. How far your actions, and carriages with me, that am more than a Beast, have been point-blank contrary to the first part of that divine Sentence, but consonant to the conclusion of it; is very easy to demonstrate with Pen and Ink, to the ●…ew of the World; and as facile to your face, before any competent Judges to justify and prove: And this is the Theme I have chosen a little to insist upon at this present time: but being resolved, to be as concise as I may, I shall not now make any ample repetition of your harsh dealing with me at the first; in divorcing me by the Law of your own Will from my Wife, and getting the Lords to make an Order to bear you out in it after you had done it; and, that I should speak with none of my friends, but in the presence and hearing of my Keeper, etc. Which cruel Order, merely obtained and got by your solicitation, the Reader may read in the 35. p. of Vox Plebis. Therefore, in regard that the Author of that book hath pretty well discovered your cruel and illegal dealing with me, at my first coming to the Tower, especially in the 45, 46 47, 48, 49, pages thereof: And the Author of the said book, called Regal tyranny discovered, in the 48, 49, pages, And myself hath pretty well laid it open in the 16, 17, 18, 20. pages of my printed Relation before the Committee of the honourable house of Commons, Novemb. 6. 1646: called An Anatomy of the Lords tyranny, to which I refer the Reader, and in regard you are not ashamed of your cruel and illegal carriages towards me, but persevere in them (as though you would justify one tyranny, with backing it with continual acts of tyranny) I shall therefore go on as effectually and punctually as I can, more fully to anatomise you, and your unjust, illegal, cruel, and unrighteous dealing with me, and for matter of fact, shall say nothing to your charge, but what I will justify before any legal Authority in England. But in the first place, I desire to let you understand, that I am a freeborn Englishman, and have lived a legal man thereof all my days, being never yet convicted of any attempt or design undertaken, or countenanced by me, that did tend to the subversion of the Fundamental Laws and Constitutions thereof; but have always sided with the Parl. itself, who hath pretended nothing so much, as the preservation of the laws, liberties, & Fundamental Freedoms of England, and the peace and tranquillity of the people; as you may read in their own Declarations, 1 part col. D●●. pag. 172, 195, 214, 281, 342, 464, 498, 663, 666, 673, 750. for the preservation of which, I have constantly, courageously, and as freely advetured my life, as any of themselves, what ever he be: And therefore in every particular, have just and grounded cause to expect the utmost privilege and benefit that the Law of England will afford any man whatever, that is under the obedience and subjection thereof: Nay moreover, having to do with those men as my Judges, that made all or the most of these Declarations, and who have also declared, it lies not in their power to enslave or invasalize the people, being trusted for their good, not for their mischief, to provide for their weal, but not for their woe, 1 part Col. dec. pag. 150. 214. 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in these and other of their own Declarations, imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them, and theirs, when they cease actually to perform what verbally they there declare, unto which I say AMEN: And there they protest, vow, and swear, they will maintain the fundamental Laws, and Liberties of the people, and therefore in that tespect, you cannot groundedly in the least, think, that I should Issacar-like stoop willingly unto any other burdens, impositions, or Commands laid upon me, by you, or any other whatsoever, that are not warrantable and justifiable by the fundamental Laws of the Land, and whether your practices have been so with me, I will compare them to the Law, and leave every rational man to judge. First I do not find any Law that makes Prisons, places of execution, punishment, or torment, but only places of safe custody: for, the Law of England (as Sir Edward Cook in the second part of his institutes fol. 28. excellently declares) is a Law of mercy, (yet as he then said, so I much more say now) it is now turned into a mere shadow, which is the most we now enjoy of it) and therefore as the author of the late book, called Liberty vindicated against Slavery, very well saith p. 7. from Sir Ed. Cook in the 1. part of his instit. f. 260. that by Law, prisons are ordained not for destruction, but for securing of man's persons, until they be brought forth unto due & speedy trial, (for being in prison, they are under the most especial protection of the Law, and the most tender care thereof) and are therefore to be humanly, courteously, and in all Civility, ordered and used; otherwise Gaolers are not Keepers, but tormentors and executioners of men untried, and uncondemned, but this were not (salvo custodire) to keep men in safety, weich the Law implies (and is all it requires) but (destruere) to destroy before the time, which the Law abhors and detests, yea and that prisoners (though never so notorious in their crimes) may be the more honestly and carefully provided for, and the better and more civilly used, and to the end, that Gaolers and Keepers of prisons, should not have any colour or excuse, for exacting any thing from prisoners, (under what colour or pretence soever, whether the same be called fees, or Chamber-rent) who are in custody of the Law: It is provided, and declared by the Law, that all Prisons and Goals what ever, be the Kings, for the public good, and therefore are to be repaid and furnished as prisons at the common Charge, see Cook on the 1. E. 2. Statutum de frangentibus prisonum, in his 2. part institutes fol. 589. and on the 26. Chap. of Magna Charta fol. 74. Ibem, and on the statute of Westminster. The first Chap. 26. fol. 209. 210. Ibem. Yea and the Law takes care that in case the prisoner when he is in prison, have no means of his own to live upon, that then by the public he is to be maintained, 14. Eliz. 5.21. james 28. Vox Plebis, pag. 57 for a freeman of England (as I am) is not brought to prison to be starved with cold, or hunger, but to the end justice upon him may be done: The prison, at most, in Law, is but a safe preserver, but not a destroyer of the prisoner, who with all convenient speed according to Law, is to come to his trial, and either according unto Law to be condemned, or else to be delivered in convenient time without delay, 4 E. 3. 2. See my answer to Mr. Pryn, called Innocency and Truth justified, pag. 32. who by Law is never to remain in prison above 6. months at most, for Goal deliveries are by the 4. E. 3. 2. to be kept and made 3. times a year, which is once in four months, and oftener if need shall be. And as the author of Vox Plebis pag. 55. saith, out of Stamf. pl. Cor. f. 30. Imprisonment by Law, is (neither aught to be) no more than a bare restraint of Liberty, without those illegal distinctions, of close and open imprisonment, and therefore Bracton fo. 18. saith, that if a Gaoler keep his prisoner more close than of right he ought, whereof the prisoner dieth, this is felony in the Gaoler And Horn, in the mirror of Justice pag. 288. saith that it is an abusion of the Law that prisoners are put into Irons, or other pain, before they are attainted. And pag. 34. 36. he reckons the starving of prisoners by famine, to be among the crimes of homicide in a Gaoler. And we find in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295. that it was felony at Common Law, in Gaolers to compel their prisoners by hard imprisonment to become approvers, whereby to get their goods: which Law is since confirmed by the statute of 14. E. 3. Chap. 10. with some enlargement; as to under keepers of prisons, and the penalty of the Law, and that Gaolers having done this, have been hanged for it, you may read 3. E. 3. 8. Northampton, Fitzh. pl. Cor. 295. and elsewhere, but this for a taste to them. In the second place, I will tell you what the Law saith about Gaolers Fees. The mirror of Justice pag 28. tells us, that it is an abusion of the Law, that prisoners or others for them, pay any thing for their entries into the Goal, or for their go out: this is the Common Law; there is no fee at all due to any Gaolers whatsoever by the common Law. See what the Statutes say. The statute of Westminster 1. Chap. 26. being the 3. E. 1. 26. saith, that no Sheriff, nor other the King's Officer, take any reward to do his Office, but shall be paid of that which they take of the King, and he that so doth shall yield twice as much, and shall be punished at the King's pleasure, under which word Officer, is concluded Gaoler, Coronor, etc. so Sir Edward Cook 2. part institutes fol. 209. Stamf. pl. Cor. 49. nay, by the statute of 4. E. 3 10. Gaolers are to receive thiefs, and felons, taking nothing by way of fees for the receipt of them, so odious is this extortion of Gaolers, that very thiefs and felons are exempt from payment of fees. It is true, that by an encroaching statute upon our liberties, made in the 23. H. 6. 10. there is a fee given to the Gaoler to be paid him by his prisoner, but yet it is very small, the words of the statute are these; nor that any of the said Officers and Ministers by occasion or under colours of their Office, shall take any other thing by them, nor by any other person to their use, profit, or avail of any person by them or any of them to be arrested, or attached, nor of any other of them for the omitting of any arrest or attachment to be made by their body, or of any person by them or of any of them, by force or colour of their Office, arrested or attached for fine, fee, suit of prison, mainprize, letting to bail, or showing any ease for favour to any such person so arrested, or to be arrested for their reward or profit, but such as follow; that is to say, for the Sheriff 20. d the Bailiff which maketh the arrest or attachment 4. d and the Gaoler, if the prisoner be committed to his ward, four pence; and that the Sheriff, under-sheriff, Sheriff's Clerk, Steward, or Bailiff of Franchise, Servant, or Bailiff, or Coroner, shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panel, and for the copy of any panel, but 4. d And it follows in the same Statute, that all Sheriffs, under-Sheriffes, Clerks, Bailiffs, Gaolers, Coroners, Stewards, Bailiffs of Franchises, or any other Officers or Ministers, which do contrary to this Ordinance in any point of the same, shall lose to the party in this behalf indammaged or grieved, his triple damages, and shall forfeit the sum of 40. l at every time they or any of them do the contrary thereof in any point of the same, whereas the King shall have the one half to be employed in the use of the house, and in no otherwise, and the party that shall sue, the other half. But (as Sir Edward Cook well observes, on the 25. chap. of Magna Charta, 2. part Institut. fol. 74.) after the rule of the Common-Law was altered, and that the Sheriff, Coroner, Goaler, and other the King's Ministers, might in some case take of the subject; it is not credible what extortions and oppressions have hereupon ensued. So dangerous a thing it is, to shake or alter any of the Rules or Fundamental points of the Common-Law, which in truth are the main Pillars and Supporters of the Fabric of the Commonwealth, as elsewhere I have noted more at large viz. fol. 51, 210, 249. ibim. see the Preface to the 4. part of his Reports and the 4, part of his Institutes▪ cap. of the High Court of Parliament, f. 41. Now sir, having laid this sure foundation, I will assume the boldness, to compare your deal with me, to the rules that the Law prescribes you: And first to matter of usage, you know very well, you of your own head at first kept my wife from me, and made me a close prisoner, as in the books, pag. ●… is truly declared. And then secondly, although you could not but know that by the Lords, etc. in the Star-Chamber, I, for about four years together before this Parliament, underwent a great destruction by them, both in my body, goods, and trade: and since this Parliament, have spent many hundred pounds to obtain my just reparations (besides other great loss I have had) yet have not got a penny, and being a younger brother, and in Land have not 6. d incoming in the year; and being rob of my trade, calling, and livelihood, by the Merchant-Monopolizers: so that I could not with freedom transport one Cloth into the Low-countries, to get any livelihood thereby: all which, above a year ago, I was necessitated publicly to declare, in answer to William pryn's lies and falsehoods, in my book called Innocency and Truth justified, which there you may read, especially in pag. 39, 43, 47, 48, 62, 65, 75. and how being committed to your custody in the Tower, the chargeablest Prison this day in all England; and where I am denied the just and legal usage and allowance that the King himself used to allow all prisoners committed to this place, although those that had great estates of their own, into their own hands and possession, whose allowance was to find them diet, lodging, and pay their fees, Vox Plebis, p. 50, 56. 57 Nay, when I came in, and desired you, that I might have my diet from my wife out of the town, which I did for two reasons. First, for safety, having heard much of sir Thomas Overbury's being poisoned when he was a prisoner in the Tower. Secondly, for the saving of money, which stood me much upon; but you absolutely denied me that legal and just privilege, and tied me either to fast, or have my diet from the Cooks in the Tower. Thirdly, being thus committed to this extraordinary chargeable expensive place, and being in so mean a condition, as I must ingeniously confess I was, you took in the third place, the ready way to starve & destroy me; and of your own head, ordered your Warders to take the names and places of habitation, of all those that came to see me, or speak with me, a destructive bugbear to any captived prisoner, which the Law of England doth not in the least authorise and enable you to do: but this was not all, but in the fourth place, my friends, though they gave their names, were by your Warders, set on by yourself (for upon your score, I must, and do lay it all) exceedingly in words abused, and divers of them turned away, and not suffered to come and speak with me: O bloody and cruel man! what is this else, but an absolute Declaration of your resolved intention, to destroy me in my imprisonment under your custody? which the Law abhors: but if for the sake of the Law, or for my sake, you will not square your deal with me, according to the known and declared law of the kingdom, then for your own sake, I desire you to remember your Predecessor, Sir Gervase Elmayes, who was indicted by the name of Gaoler of the Tower of London, and hanged upon Tower-hill, for consenting to the poisoning of Sir Thomas Overbury, Vox Plebis, pag. 48. In the fifth place, seeing by all the ways & means you could not scare all my friends from me, and so by consequence, destroy me. Then you devise another way, and set one of your old Mastive dogs upon me, to bait and to worry me with lies, reproaches, and calumniations: and for that end, printed and published a most base & scandalous book against me, thereby to make me odious to all men whatsoever, that would believe that book, which was published against me at such a time; when by yourself, my hands were fast tied behind my back, being kept by your order very strictly from Pen, Ink, and Paper, and so in a condition unable publicly to vindicate myself, and much importunity was I forced to use to yourself, before I could obtain leave from you to answer it, and necessitated to tie myself by promise to such and such conditions: and amongst the rest, that you should read it all over, before it was published: And I, for my part, performed my promise, and was necessitated to give the original into your hands, in such haste, that I could not take a Copy of it: out of whose hands, I could not get it, till I was in some respect necessitated to an arbitration: and being not able to do what I would for my own vindication, I was in a manner compelled by you to be content with what I could do, which was to accept a submission from him for my wounded, rend, and torn reputation by him: although, if I could have accomplished what I desire, I should first have published my answer to his lies: and then if he had had a mi●● put it to arbitration, but necessity hath no other Law but a stooping to it: but I was in hope, that I should have found so much candour and ingenuity in you, and your Agent, old John White, a● that I should not have had the like abuse● from you after that arbitration, that I had before it, from you both▪ but in regard that he at the ga●●…, as my friends inform me, doth not cease in his rancour and venom against me; I must be necessitated to publish my answer to him; especially, seeing as I conceive, Thos. Edward's the cankered Gangrena 〈◊〉 joy●●● in confederacy with him: But ●o this, pr●●●●●…, I shall 〈…〉 with the inserting of his recantation, or acknowledgement, and refer the Reader for a full relation of that arbitration, to the 59, 60, 61, 62, 63▪ pages of my late book, called London's Liberty in Chains discovered; the aforesaid acknowledgement 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 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 October, 1646. in the presence of us, John Strangewayes. Lewis Dyves. John Glanvil. William Morton. Henry Vaughan. Knights. Christopher Comport, Warder in the Tower. Sixthly, after all this, by means of my wife's Petition, which was delivered to the house of Commons 23. Septemb. 1646 and which you may read in the last mentioned book. pap. 65, 66, 67, 68 etc. by means of which, there was a Committee of the honourable house of Commons appointed, to hear and receive my complaint against the Lords, and the 6. of Novemb. 1646. was the last time I was before the Committee; where I had an opportunity, in part, to declare unto them, your illegal dealing with me: which Declaration, you may read in the 17, 18, 20. pages of that relation, now in print; and I must confess unto you, I did think that you durst not have run the hazard of persevering in your illegal deal with me: but in regard you do, it clearly demonstrates unto me, that you judge the streams of Justice so muddy and corrupted (by the interest and power of your Lords, and their factions, who would have no other rule, but their own base and corrupt wills to walk by, and therefore lay the rule of the Law and Justice aside) that they will never run clear, nor purely again, to punish such transgressors as you are. But that you may know (although I have had exceeding hard measure, in being so long delayed in the making of my report) that I am not out of hopes, nor in despair, I give you this fresh charge, and tell you, that after I had done with the Committee, your next illegal design that you executed upon me, was, that my friends could not pass your guard, unless my keeper were there present to conduct them unto me; by means of which, some of them have been forced to come four several times, before they could find him at the Gate; & others have been forced to stay, and sit in the guard an hour, and sometimes two, expecting his coming; without whose presence, they could not have access to me; and divers of them in the time of their stay at the Guard, examined whether they be not Independents, or no; & whether they never preached in Tubs, or no: And if they answer crossly to the questions, as well they may, than they are fallen upon, and both they and I in words exceedingly abused: and I am told, that an old tall man in black, with a great staff in his hand, is not wanting to play his part, which I judge to be Mr. White. Now sir, is not this the height of illegality, cruelty, tyranny, and bloodthirstiness in you, thus to deal with me; endeavouring thereby strongly to scare away all my friends from me? For, who in so many difficulties and abuses would come to visit a man, unless he bore a very great affection to him: the which, if he do, the continual meeting with these base and unwarrantable affronts, in conclusion will make him weary. And truly sir, let me tell you, this is not to use me with civility, and humanity in my imprisonment, as the Law requires I should: but this is to torment, punish, and destroy me, which, the Law, and all just and honest men abhor and detest. In the 7. place, being in the condition that I am in, and being guilty of no legal crime in the world; unless it be for being over honest and zealous for the preservation of the just and public Liberties of the Kingdom; I know no reason, why I may not enjoy the utmost privilege and liberty in the Tower, that any prisoner in it doth enjoy: yet notwithstanding, not many weeks ago, I was but going with a fellow-prisoner in the path that leads to the Record-office; and coming back to my Lodging under the Gate, that is just against the Traitor's Gate, I met your pretended-Gentleman-Goaler, and immediately Mr. Comport, my Landlord and Keeper, came and delivered a message from you to me, which was to this effect: That Mr. Lieutenant did understand, that I was beyond the Ring; but it was his pleasure, that I should forbear to go any more beyond it: Unto which, I replied, Landlord, I had only thought, that to go beyond the Ring, had been for a man when he came to it, to have turned on the right hand, and so to have gone, as if he would have gone out at the Gate, which I did not in the least: for I turned on the left hand with one of my fellow-prisoners, and walked in the path that goes to his Chamber, and divers other Chambers of my fellow-prisoners, which path they do and may walk in every day in the week, and every hour in the day. And therefore, tell your Master from me, I shall not obey his order, for I have as good right to enjoy any privilege within the Tower, as any prisoner in it: and therefore will walk that way again, seeing all my fellow-prisoners enjoy the same liberty. In the 8. place, the other night there being a friend with me about 6 or 7 a clock at night, I walked out of my chamber with him; which is a privilege that all my fellow-prisoners enjoy: and he having a candle and lantern in his hand, passing under Cole-Harbour Gate, I was roughly and suddenly demanded whither I went? And I replied, along with my friend, to conduct him as fare as my liberty would extend (which was down to the Ring, which is, as I conceive, at least three or foursore yards, on this side of the gate where your guard stands) I was replied unto in these words, Sir, you shall not go: At which, looking well about me (it being very dark) to see who it was, that was so malapert, I perceived it to be yourself (who had with you, as I conceived, some of your Warders) unto which I replied: Truly sir, I do not like the word shall; it is but unhandsome language, to tell me, I shall not go. No sir, I say (said you) you shall not go; for you ought not to stir out of your chamber after candles are lighted. Truly sir (said I) I know no such order. Unto which, you replied, Well, then sir, I now give you such an order: and I bid you give it to those that would obey it; for I would not: and I gave you the reason of it; which was, that I was a freeborn Englishman, a Kingdom that pretends (at least) to be governed by Law, and not by Will, & I am not to be subject unto those orders in my imprisonment, that have no other Warrant, but the Gaolers Will. Neither will I willingly be subject in the Tower unto any other orders, but what are consonant and agreeable to the fundamental Laws of the Kingdom. Unto which you replied; Sir, you shall obey my orders, and I will make you. Sir, said I, I will not obey your orders; nor you shall not make me: And I tell you to your face, I scorn both you and your orders, and that I value you not, the paring of my nail, Unto which, you replied, Sir, I will make you; for I will lock you fast enough in your chamber: And I bid you do your worst, that either you could, or durst do, I cared not a straw for you: But I bade you take notice of this, by the way; that if you locked me up by the power of your own unbinding will, and did not make your doors very strong, I would make work for your Carpenters, by breaking them into as many pieces as I could. You replied, you would make them up again. And I told you, I would break them again. You told me, you ordering us to keep our Chambers after candle was lighted, was for your own security. I shall now take liberty, to return you a more full answer to this, than I did before to you, which is this; That I for my part, for all the gold in London, would not give just cause to be counted so base and unworthy, to do upon deliberation that action, that I would not justify to the death: But if I should in the least, step aside, I should contract unto myself that guilt, which I am confident, all the enemies I have in England, are not able in the least to fix upon me: For, I understand by the Law of this Kingdom, that he that is committed to prison for Felony, or Treason; although really and truly he be guilty of neither, yet if he break prison, and be taken again, he shall die like a Felon or Traitor that is legally convicted, 1. E. 2. de frangentibus prisonam. See Cooks 2. part. instit. fol. 590, 591. For his slight, in the eye of the Law, argues guiltiness. And besides, my friend and I had a horn Lantern and Candle, which put all out of suspicion of going out in the dark. But thirdly, what ground have you, upon any pretence what ever framed by yourself, to lock me up in my chamber, as soon as candles are lighted, seeing I am in a moated and double-walled Prison, where you have not only a Train-bond, but also great store of your Warders to secure me? And therefore, I tell you plainly, I shall never condescend to be locked up sooner than that convenient hour of 8. a clock, the accustomed hour of the place, which is much sooner than they are in other prisons, that I have been in. Fourthly, if under pretence of your security, I should give way for you to confine or lock me up in my chamber at candlelight, which then was before five a clock, may not you as well and as groundedly upon the same pretence (if you please to say it is for your security) keep me locked up in my chamber till 12. a clock; yea, the whole day, if you please: And if I should suffer this in the least, what am I less than traitorous to myself, and to my liberties, to give you a power by your own mere will, to make and impose a Law upon me, whensoever you shall please to say that it's for your security; when the Law provides and enjoins you no more, but to keep me in safe custody within your prison, and to use me and all that come to me, civilly, and with all humanity, and leaves me not in the least to your will, but only in some extraordinary cases, as in doing or offering violence to the Gaoler, or Gaolers, or to my fellow-prisoners, to the apparent breach of the peace of the prison: and yet in this, the Law is extraordinary tender of the prisoners safety: but none of this I have not in the least done, either to you, or the poorest boy belonging to you, not by God's assistance will not: but yet on the contrary, before you shall make me a slave to your will, you shall have the heartblood out of my body. Now in the last place, I will compare the fees taken and demanded in the Tower with those the Law gives; and what they are, you may fully read before. Now, by the Author of Vox Plebis, who to me seems to be a knowing man in the practices of the Lieutenants of the Tower, who in his 48 49. pages, saith, That there is demanded for the admittance of an Earl 100 l for a Baron 80. l for a Knight and Baronet 70. l, for a Baronet 60. l for a Knight 50. l and for an Esquire 40. pound, and 30. s a week of every prisoner for liberty to buy and dress his own diet, and 10. s 15. s 20. s per week, for their Chamber-rent, and of some more. For Sir Richard Gurney sometimes Lord Mayor of London, & now prisoner in the Tower, hath paid as I have heard him aver it 3. l a week for his chamber-rent; and in the time of a Predecessor of yours, dieted 3 weeks at the Lieutenant's table; for which he had the impudency to demand of him for it 25. l per week. o horrible and monstrous extortion and oppression: and yet this is not all, for the last mentioned euthor in his 48. pag. saith, There is a new erected Office, and an intruded Officer, called the Gentleman Goaler, one Yates, a busy fellow, who pretends to a fee of 50. s to be paid him, at the going away of every prisoner, pag. 51. ibim. But yet this is not all: for in p. 49. of the late printed book called Regal Tyranny discovered, he saith, that the Gentleman Porter demands for his fee 5. l and a man's upper garment: 40. s to the Warders, 10. s to the Lieutenant's Clerk, 10. s to the Minister; and divers of my fellow-prisoners tell me, that their Keepers have and do demand of them, either their diet, or 5. s a week, for locking them up at night in their Chamber, and opening their chamber-dores. O horrible and monstrous injustice, oppression, and cruelty, to demand and take these fees; whereas, by Law, there is not one farthing taken of all these fees due to be paid by the prisoner, but one bare great at most, and that given away by an oppressing and encroaching law upon our ancient and just liberties, as is before truly observed. And yet prisoners are detained in prison by your will, after they are legally discharged, because they will not pay these undue and unjust fees, which at this very day is Sir Henry anderson's case, and hath formerly been others; as the Author of Vox Plebis truly observes: although the arrantest Rogue & Thief that ever breathed, had, or hath, as true a right to any purse that ever he did, or shall take from an honest man upon the highway by force and violence, as you or any other hath to any of the fees. O ye proud and impudent man, that dare assume unto yourself of your own head, more than a regal power, to levy and raise money by the law of your own will, upon the free people of England. Sir, let me tell you, this very thing was one of those things, that was the Earl of strafford's great Crimes, for which he paid very dear; and it is not impossible, but you and others that use it, may pay as dear for it in conclusion: therefore, look to it, and think of it. And if you please to read the Petition of Right, made by the Lords and Commons unto this King, in the 3. of his Reign, you shall find in the beginning of it, they show him that by the statute of the 34. E. 1. called Statutum de tallagio non concedendo; that no tallage or aid shall be laid or levied by the King or his Heirs in this Realm, without the good will and assent of the Archbishops. Bishops, Earls, Barons, Knights Burgesses, and other the freemen of the Commonalty of this Realm, and by authority of Parliament holden in the 25. E. 3. it is declared, and enacted; that from thenceforth no person should be compelled to make any Loans to the King against his will; because such Loans were against reason, and the franchise of the Land, and by other Laws of this Realm, (viz 1. E. 3 6. 11. R. 2. 9 1. R. 3. 2.) it is provided; That none shall be charged by any charge or imposition, called a benevolence, nor by such like charge by which the statutes , and other the good laws and statutes of this Realm, your subjects have inherited this freedom; that they should not be compelled to contribute to any tax, tallage, aid, or other like charge, not set by common consent in Parliament. All which, the King confirms. And by the statute made this present Parliament, that abolished Ship-money; All and a very the particulars, prayed or desired in the said Petition of Right, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in the same Petition they are prayed and expressed: yea, in this very statute it is declared and enacted to be against Law, for his Majesty upon any pretence what ever, to levy money of the people of England, without common consent in Parliament. And truly sir, let me tell you without fear or flattery, that if your great Masters the Lords, & the true prerogative-friends of the house of Commons, had any true and real intentions to preserve the Fundamental Laws and Liberties of England, or had any time to spare (to punish those that justly and groundedly infringe them, and do, as much as in them lies, to destroy them) from their weighty employment, of dividing great and vast sums of the Commonwealth's money amongst themselves, without either doing justice and right in the like nature to any man breathing, unless it be themselves, or some of their sons, kinsmen, or near friends; whose principles, are to serve their ends to the breadth of a hair in all they enjoin them; they would scorn to give cause to be reputed so base and unworthy as they are, to deny the King the power (unto whom ever and anon, they give such glorious and transcendent titles unto) to levy and raise money without common consent in Parliament; when they allow every paltry Jailor in England to do it at his pleasure; yea, and for any thing I can perceive abet and countenance him in it: for they will not, nor have not done, all this long Parliament, any man any effectual Justice against them that have complained of them, but every man is crushed, and in a manner destroyed, that meddles any thing to the purpose with them. I pray sir, tell me, whether this be to keep the Solemn League and Covenant (which now is made a cloak for all kind of knavery and villainy) which they and you took with your hands lifted up to the most high God, and swore to maintain the Fundamental Laws and Liberties of the Kingdom: But this I dare boldly tell you, you never intended it, as by your practices, appears. But sir, in the second place, I should desire to know of you, the reason why Jailers are so impudent and oppressive as they are, and go so from punishment (though often complained of) as they do. Truly, for my part, I am not able to render any more probable one then this; That it may be some powerful Parliament-man, or men, are sharers with them in their profits (for as gross, if not groser things, are commonly reported, yea printed of some of them: See the 99, 100, 101, 102, 103, etc. pages of the book, called Regal Tyranny discovered) and therefore must, and do improve their interest and power, to protect them in their knaveries and oppressions. For, within these few days, I was talking with an understanding knowing Gentleman, that came to visit me; and he told me, he durst venture his life to make it evident to any rational man in the world; that there is one Gaoler about this City, that makes of his Prison above 20000, l a year, and commits all manner of villainies, and yet no Justice can be had against him, though he hath often and powerfully been complained against to the Parliament itself, where he said, he had more favour, countenance, and protection, than the honest man that complained of him; yea, more than them all, put all in one. Now sir, in the last place, I come to acquaint you, what moneys I have paid, since I came to the Tower for my Chamber-rent only; the 10. of July last I came hither, and you sent me to the Lodging where I am, with extraordinary strict and severe command upon my Keeper, who within certain days after I came to him, demanded chamber-rent of me at a great deal higher rate than I pay, and I told him necessity had no law; and I therefore desired him to ask me reasonably, and he should see what I would say to him: So at last, he asked me 15. s a week, I told him I knew well the laws of all Prisons in England and 15. s a week was a great deal of money for bare Lodging; but in regard it was with me, as it was, conditionally that he for his part would use me, and those my friends that should come to to see me, with civility and humanity, I would give him 15. s a week, and find my own linen besides, protesting unto him, that the first time he used me, or any that came to see me, churlishly, I would not pay him one penny more of money; and I must ingenuously confess, I have no cause in the least to complain of the man in point of civility, nor he of me in performing my promise: for I have paid him, though it hath been with some straits to me, betwixt 20. and 30. l which I am now able no longer to pay. And therefore I desire you, according to your duty which by law you are bound unto, to provide me a prison gratis: for I profess unto you, no more rent I can, nor will pay, though it cost me a dungeon (or as bad) for my pains. And truly, Sir, I shall deal ingeniously with you, and give you the true reason wherefore I condescended to pay chamber-rent at first, and have done it so long; It was because I had extraordinary potent adversaries to deal withal, viz. the House of Lords, or Peers, as they are called, who had pretty-well managed their deal with me like tyrants, in keeping very strictly my friends from me, and also pen, ink, and paper, that so I was debarred of all ability in the world, to publish to the view of the whole kingdom, my own innocency, and their inhuman and barbarous tyranny, which they knew well enough I would do, if I had not been debarred of all means to do it, and then fell upon me, and transcendently sentenced me to pay 4000 l etc. and illegally and unjustly entered notorious crimes against me in their records. And you know I told you at my first coming to the Tower, I was refreshed at the hopes of my being freed from my close imprisonment; but your falling so heavily upon me as you did, struck me to the heart and made me believe it was possible I might have been destroyed before I should have an opportunity publicly to clear my own unspotted innocency in reference to the Lords, and to anatomize their tyranny; both of which my soul thirsted after: and therefore if I had been able, I would have purchased an opportunity to have done it, though it had cost me 20. l a week. And-truly, Sir, I have done my do, and in despite of all the Lords, published, and truly and faithfully stated my cause to the view of the whole Kingdom. First, in my Wives Petition, delivered by her to the House of Commons, Septem. 23. 1646. which I penned and framed myself without the help or assistance of any Lawyer in England. And secondly, in my Book called, London's Liberty in Chains discovered. And thirdly, twice before the Committee of the Honourable House of Commons. The last discourse of which I published to the view of all the Commons of England, and called it, An Anatomy of the Lords tyranny. And besides, some of my friends, or wellwishers have done it excellent well for me, in those two notable Discourses called, Vox Plebis, and, Regal Tyranny discovered, which will live when I am dead; and be (I hope) as good as winding-sheets unto the Lords; and therefore I am now ready for a Dungeon, or Irons, or Death itself, or any torture or torment that their malice can inflict upon me; and seeing that I cannot by any means I can use, get my report made to the House of Commons, and so enjoy justice and right at their hands, (which I beg not of them as a Boon, but challenge of them as my due and right) by reason of the Lords, and the rest of their Prerogative Copartners influence into the House Commons, to divert them from the great affairs of the Kingdom, in doing justice and right unto the oppressed, and putting them upon making Laws, Edicts, and Declarations, to persecute and destroy the generation of the righteous, and so bring the wrath and vengeance of heaven and earth upon them and theirs: (Read Mr. Thomas goodwin's Sermon preached before them Feb. 25. 1645. called, The great Interest of States and Kingdoms) and also lay a great blot of reproach upon them by all the rational men in the world, for endeavouring to destroy a generation of peaceable and quiet-minded men, that have contributed all they had and have in the world, for their preservation; and by whose undaunted valour and bloodshed, as principal instruments they enjoy liberty at this day, to sit in the House of Commons, and to be what they are. (Sure I am, the Spirit of God saith, That he that rewardeth evil for good, evil shall not departed from his House, Prov. 17.13.) And yet for any thing I can perceive, the best reward is intended these men from those they have done so much for, is ruin and destruction, that so that Antichristian office and function of Priesthood, newly transformed into a pretended godly and reformed Presbyter, may again be established, although by the second Article of the Covenant (now more magnified by the sons of darkness add blindness, than the Book of God) they have expressly sworn to root up that Function by the roots. The words of the Covenant are, That we shall in like manner, without respect of persons, endeavour the extirpation of Popery, Prelacy, (that is, Church-government by Archbishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Arch-Deacons, and all other Ecclesiastical officers depending on that Hierarchy) superstition, heresy, schism, prephaneness, etc. Mark the sentence, And all other Ecclesiastical Officers depending on that Hierarchy. In the number of which are those pretended reformed presbyter-Ministers, that either sit in the Assembly, or are in any other place in the Kingdom, that officiate by virtue of their Ordination, which they had from the Bishops, or any, by virtue of their Authority. And I will maintain it with my life, that he is a forsworn man (whether he be Parliament-man or other) that hath taken the Covenant, and doth contribute any of his assistance, to maintain, preserve, and uphold that Ordination of the Presbyterian Ministers, that they received from the Bishops; or punish, any man for writing preaching, or speaking against it, or any other ways endeavouring the destruction or extirpation thereof. For the express words of the Covenant are, that we must endeavour the extirpation of all Officers (without exception) depending on that Hierarchy; part of which, all the Ministers are, being ordained Priests and Deacons by the Bishops, and have no other Ordination to this very day, but what they had from them. But if they shall say, they were ordained by them not as Bishops, but as Presbyters; I answer, This is a simple foppish distinction: For as well may the Bishops say, They were not ordained by the Pope, or his Bishops, quatenus as Pope or Bishops▪ but quatenus as Presbyter, or Presbyters, and so are in every particular as lawful Ministers as any of these men that have their ordination from them, and yet have endeavoured to draw the whole Kingdom into a Covenant sinfully to extirpate them that are Christ's Ministers upon their own Principles, as really, truly, and formally, as any of themselves. But in the second place, if they were ordained Presbyters by the Bishops, not as Bishops, but as Presbyters, then are these present reformed Ministers less than Presbyters. For the Author to the Hebrews, chap. 7. v. 7. saith, Without all contradiction, the less is blessed of the better, or greater. And I desire the learned Presbyters to show me one example in all the New Testament, that ever any Officer ordained another Officer in the same Office and Function that he himself was in. Thirdly, I desire to know of these reformed Presbyterian Ministers, that seeing as they themselves confess, the Bishop's Office and Function was and is Antichristian, how is it possible their Ministerial Function, or Ordination, can be Christian, that like a stream flowed from them the fountain? Sure I am, Job demands this question; Who can bring a clean thing out of an unclean? And by the same Spirit of God he answers; Not one, Job. 14.4. And James interrogates, saying, Doth a Fountain send forth at the same place, sweet water and bitter? Or can the Figtree, my brethren, bear Olive-berries? either a Vine; Figs? Therefore in a positive negation he concludes, that no Fountain can both yield salt water and fresh. And therefore seeing THOMAS THE GANGRENA, the Rabshakeh Champion of the new sprung-up Sect in England of Presbyters, who may more truly and properly, be called schismatics, than any of those he so brands; for they have separated from their Ghostly Fathers the Bishops, and yet are glad to hold their ordination, and are therefore schismatical. And therefore seeing in his last GANGRENA he hath fallen so point-blank upon me, for no other cause but for standing for the Fundamental Laws of England; which, if he had not an absolute desire to be notoriously forsworn, he might know his Covenant binds him to do the same. But seeing he there plays the simple man to fight with his own shadow, and doth not in the least meddle, for any thing I can perceive (by so much as I have read of his Book, which, so near as I could find, was every place where I was mentioned) with the Statutes and other Legal Authorities, as I cite in my wife's petition, and elsewhere, to prove, That all the Commoners of England ought in all criminal cases to be tried by their Peers, that is, Equals; and that the House of Lords, in the least, are not the Peers of Commoners: And therefore seeing seemingly by that ulcerous book, he hath given me something to answer that concerns me, I will really and substantially give him something to answer, that in good earnest concerneth him, and all the rest of his bloody-minded pretended reformed fellow-Clergy Presbyters; that lying, deceitful, forsworn, and bloody Sect, of whom it is true that the Prophet said of the Prophets of old, That they make the people to err, and by't with their teeth, and cry peace; and he that putteth not into their mouths, they even prepare war against him, Micah 3.5. And that at present I have to put to him to answer, shall be certain Arguments which I made when I was close prisoner in irons in the Fleet, against the then Episcopal Ministers of the Church of England, and will serve in every particular, against the present Presbyterial Ministers, and you shall find them thus laid down in the 23. page of my Book called, An Answer to 9 Arguments written by T. B. and printed at London 1645. First, Thtt every lawful Pastor, Bishop, Minister, or Officer in the visible Church of Christ, aught to have a lawful call, and be lawfully chosen into his Office, before he can be a true Officer in the Church of Christ, Acts 1.23, 24, 25. & 6.3.5, 6. & 14.23. Gal. 1.1. Heb. 5.4. But the Ministers and Officers in the Church of England, (as well Presbyterian as Episcopal) have not a lawful call, neither are lawfully chosen to be officers in the Church of Christ. See the Book of Ordination of Bishops, Priests, and Deacons, as also the Directory, and compare them with the Scripture. Therefore all your Ministers are false and Antichristian Officers. Rev. 9.3. and 13.2. and 16.13. Secondly, the doing of those actions that belong to the execution of an Office, doth not prove a man to be a lawful Officer, but a lawful power instating him into his Office. Acts. 8.4.11.19.20. and 18.24, 25, 26. 1 Cor. 14.29, 30, 31. 1 Pet. 4.10. But all the Ministers in the Church of England have nothing to prove the lawfulness of their standing in the Ministry, but the actions of a Minister, and are not in the least able to prove that they are instated into their Ministry by virtue of a lawful power and authority. Therefore they are no true Ministers of Christ, but false and Antichristian Ministers of Antichrist. Thirdly, again in the third place upon your own grounds I frame this Argument. Those that by their Ministry do not accomplish the same ends, that the Ministry of the Apostles did, are no true Ministers. But the Ministers of the Church of England do not accomplish the same ends by their Ministry, that the Ministry of the Apostles did, 1 Cor. 11.2. Therefore your Ministers are no true Ministers of jesus Christ. But Gangrena one word more at present to you, seeing in the 217.218. pages of your late 3. Gangrena, you fall so exceeding heavy upon me, and my honest Comrade Mr. Overton, and say that these 2. audacious men, their daring books shall escape without exemplary punishment, and instead thereof be countenanced and set free, I do as a Minister pronouncae (but I say it is as one of Satan's) that the plague of God will fall upon the heads of those that are the cause of it. Come Antagonist, let us come to a period; for I hope, for all your malice you are not yet so fare gone beyond yourself as to desire to have me hanged or killed, and then condemned and adjudged, and therefore I will make you 2. fair propositions. First, (in reference to the Lords whose Goliath and Rabshaca-like Champion you are) that if you please to join with me in a desire to both Houses, I will so far go below myself, and my present appeal now in the House of Commons, (always provided it may be no prejudice to the benefit I justly expect from my said appeal) and join with you in this desire, that there may be by both Houses, a proportionable number thereof, mutually by themselves chosen out, to set openly, and publicly in the painted Chamber, where I will against you by the established Laws of this Land, maintain against you and all the Lawyers you can bring, this position (which is absolutely the contest betwixt the Lords and me) THAT THE LORDS AS A HOUSE OF PEERS, HATH NO JURISDISCTION AT ALICE OVERDO ANY COMMONER IN ENGLAND, IN ANY CRIMINAL CASE WHATSOEVER, and if you will, I will wholly as in reference to the contest betwixt you and me, stand to the vote, and abide the judgement and sentence of that very Committee, whose vote upon the terms, if you will tie yourself, I will tie myself, either actively to execute, or passively to suffer and undergo it. In the second place, because so fare as I am able to understand your meaning, in your pages, you would have me dealt withal, as the Earl of Strafford, and the Bishop of Canterbury was, for endeavouring (as you say) with so much violence, the overthrow of the three Estates, and the Laws of the Kingdom, and in the stead of the fundamental Government and constitution of this Kingdom, to set up an Utopian Anarchy of the promiscuous multitude and the lusts and uncertain fancies of weak people, for Laws and Rules. Now in regard of the distractions of the Kingdom which are many, and that they might not be made wider by new books from either of us, I shall be very willing for peace and quiets sake, to join with you in a Petition to the House of Commons, to appoint a select Committee publicly to examine all things that are a miss in your books and mine, and to punish either, or both, according to Law and justice without partiality, and I appeal to all rational men in the world, whether I have not offered fair or no. But in regard I know not whether you will embrace my proffer, I shall speak a little more for myself, and reduce all to these three heads. First, whether the Lords have by the known Law of the Land any jurisdiction of the Commons, or no? Secondly, whether in the Parliaments own public declarations in Mr. Prinns sovereign power of Parliaments, and in the Assemblies exhortation to the solemn legal Covenant, and other Presbyterian books, licenced by public authority, and others sold without control, there be no more said to justify and maintain, that which Gangrena calls Utopian Anarchy, then in any books whatsoever published by these he calls Sectaries. Thirdly, whether or no that out of my own words, in my book, called INNOCENCE AND TRUTH JUSTIFIED, there can any thing be drawn to justify the Lords in that which now I condemn them in? as Gangrena affirms, pag. 157, 158. For the first, see what the ninth Chapter of Magna Charta saith. No freeman shall he taken or imprisoned, or be disseised of his free hold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed, nor we will not pass upon him, nor condemn him, but by lawful judgement of his PEERS, or by the Law of the Land. See the 3. of E. 1. ch. 6. And that no City, Borough, or Town, nor any man be amerced wiithout reasonable cause, and according to the quantity of his trespass, 9 H. 3. 14. that is to say, every free man, saving his freehold, a Merchant saving his Merchandise, a villain saving his waynage, and that by his or their Peers. Now here is the express Law of the Land against the Lord's jurisdiction over Commons in criminal cases. Now in the second place, let us see what one of the ablest expositors of the Law that ever writ in England, saith, of this very thing▪ and that is Sir Edward Cook, in his exposition of Magna Charta 2. part institutes, which book is published by two special orders of the present House of Commons, as in the last page thereof you may read: who, in his expounding the 14 Chapter of Magna Charta, p. 28. saith, Peers signifies, Equals, and pag. 29. he saith, the general division of persons by the Law of England, is either one that is noble, and in respect of his nobility, of the Lords House in Parliament; or one of the Commons of the Realms, and in respect thereof, of the House of Commons in Parliament, and as there be divers degrees of Nobility, as Dukes, Marquesses, Earls, Viscounts, and Barons, and yet all of them are comprehended within this word, PARES; so of the Commons of the Realm, there be Knights, Esquires, Gentlemen, Citizens, Yeomen, and Burgesses of several degrees, and yet all of them of the COMMONS of the Realm, and as every of the Nobles is one Peer to another, though he be of a several degree, so is it of the Commons; and as it hath been said of men, so doth it hold of Noble-women, either by birth, or by marriage, but see hereof Chap. 29. And in Chap. 29 pag. 46. Ibim: he saith, no man shall be disseised, that is, put out of ●eison, or dispossessed of his freehold (that is) Lands, or livelihood, or his liberties, or free Customs, that is, of such franchises, and freedoms, and free Customs, as belong to him by his birthright, unless it be by lawful judgement, that is, verdict of his equals (that is 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. No man shall be in any sort destroyed, (to destroy id est; what was first built and made, wholly to overthrow and pull down) unless it be by the verdict of his equals, or according to the Law of the Land. And so saith he is the sentence (neither will we pass upon him) to be understood, but by the judgement of his Peers, that is equals, or according to the Law of the Land, see him page 48. upon this sentence, per judicium Parium suorum, and page 50. he saith it was enacted that the Lords and Peers of the Realm should not give judgement upon any but their Peers: and citys, Rot. Parl. 4. E. 3. nu. 6. but making inquiry at the Record-Office in the Tower, I had this which follows, from under the hand of Mr. William Colet the Record-Keeper. Out of the Roll of the Parliament of the fourth year of Edward the third THE FIRST ROLL. Records and Remembrances of those things which were done in the Parliament summoned at Westminster, on Monday next after the Feast of Saint Katherine, in the year of the reign of King Edward the third, from the Conquest, the fourth, delivered into the Chancery, by Henry de Edenstone Clerk of the Parliament. THese are the Treasons, Felonies, Wickedensses, The judgement of Roger de Mortimer. done to our Lord the King, and his people, by Roger de Mortimer, and others of his confederacy. First of all, whereas it was ordained at the Parliament of our Lord the King, which was held next after his coronation at Westminster, that four Bishops, four Earls, and six Barons, should abide near the King for to counsel him; so always that there may be four of them, viz. one Bishop, one Earl, and two Barons, at the least. And that no great business be done without their assent, and that each of them should answer for his deeds, during his time. After which Parliament, the said Roger Mortimer, (not having regard to the said assent) took upon himself Royal power, and the government of the Realm, and encroacht upon the State of the King, and ousted, and caused to be ousted, and placed Officers in the King's House and elsewhere throughout the Realm at his pleasure, of such which were of his mind, and placed John Wyard and others over the King, to espy his actions and say; so that our Lord the King was in such manner environed of such, as that he would not do any thing at his pleasure, but was as a man which is kept in Ward. Also whereas the Father of our LORD the KING, was at Kenilworth, by ordinance and assent of the Peers of the Land, there to stay at his pleasure for to be served as becometh such a Lord, the said Roger, by Royal power taken unto himself, did not permit him to have any money at his will; and ordered that he was sent to Barkly Castle, where, by him and his, he was traitorously and falsely murdered and slain. But that which is to my purpose, is Roll the second, being the judgement of Sir Simon de Bereford, which verbatim followeth thus. THE SECOND ROLL. ALso, in the same Parliament, our Lord the King did charge the said Earls and Barons, to give right and lawful judgement, as appertained to Simon de Bereford, Knight, who was aiding and counselling the said Roger de Mortimer in all the treasons, felonies, and wickednesses, for the which, the foresaid Roger so was awarded and adjudged to death, as it is a known and notorious thing to the said Peers, as to that which the King intends. The which Earls, Barons, and Peers, came before our Lord the King in the same Parliament, and said all with one voice, that the foresaid Simon was not their Peer, wherefore they were not bound to judge him as a Peer of the Land. But because it is a notorious thing, and known to all, that the aforesaid Simon was aiding and counselling the said Roger in all the treasons, felonies, and wickednesses abovesaid, (the which things are an usurpation of Royal power, Murder of the Liege Lord, and destruction of Blood-royal) and that he was also guilty of divers other felonies and robberies, and a principal maintainer of robbers, and felons: the said Earls, Barons, and Peers did award and judge, as Judges of Parliament by the assent of the KING the same Parliament, that the said Simon as a traitor, and enemy of the Realm, be drawn and hanged. And thereupon it was commanded to the Marshal, to do execution of the said judgement. The which execution was done and performed the Monday next after the Feast of St. Thomas the Apostle. In the same Roll. And it is assented and agreed by our Lord the King, Agreement not to be drawn into example. and all the Grandees in a full Parliament, that albeit the said Peers, as Judges of Parliament, took upon them in the presence of our Lord the King, to make and give the said judgement by the assent of the King, upon some of them which were not their Peers, and that by reason of the murder of the Liege Lord, and destruction of him which was so new of the Blood-royal, and son of the King; that therefore the said Peers which now are, or the Peers which shall be for the time to come, be not bound or charged to give judgement upon others then upon their Peers, nor shall do it: (But let the Peers of the Land have power) but of that for ever they be discharged and acquit, and that the aforesaid judgement now given, be not drawn into example, or consequent for the time to come, by which the said Peers may be charged hereafter, to judge others than their Peers against the Law of the Land, if any such case happen, which God defend. Agreeth with the Record, WILLIAM COLET. It is the saying of the spirit of God Eccle. 4.9.12. two are better than one, and a threefold cord is not easily broken, so that to prove my position true for all the Rabshaca Language of Gangrena, I have first the fundamental Law point blank on my side, and 2. the Judgement of one of the ablest Lawyers that ever writ in England and his Judgement authorised (as good and sound) by the present House of Commons, to be published to the view of the whole Kingdom, and 3. the Lords own confession, for if you mark well, the 2. last lines, of the forecited record, you shall find, they ingeniously confess and declare, that it it against the Law of the Land, for them to judge a Commoner, and for further confirmation of this, read Vox Plebis pag. 18. 19 36, 37, 38, 39, 40, 41, 42. 44. 45. But if the Ulcerous Gangrena please to read a late printed book, called Regal Tyranny discovered, he shall find that the author of that Book, in his 43, 44, 45, 46, 47, 86. pages, lays down many strong arguments to prove, That the House of Lords have no Legislative power at all. And in his 94, 95, 96, 97. pages, he declares & proves, That before Will. the Conqueror subdued the rights and privileges of Parliaments, the King and the Commons held and kept Parliaments without temporal Lords, Bishops, or Abbots. The two last of which, he proves, had as true and as good a right to sit in Parliament, as any of the present Lords now sitting at Westminster, either now have, or ever had. For the second thing, which is, Whether or no there be not in the present Parliaments Declarations, and in the Assemblies exhortation to take the Covenant, and in Mr. Prynnes Sovereign power of Parliaments, and other Presbyterian books publicly licenced, and others sold without control, as much, if not more, said, to set up, or maintain that which Gangrena calls Utopian Anarchy, then in any Book what ever published by those he calls Sectaries: And I aver it positively, There is, and shall join issue with Gangrena to prove it in every particular. Therefore let him publish an exact Catalogue of any of our Positions, when he pleaseth, and I doubt not, but to make it evident, that it cannot justly by them be counted any vice in us, to tread in their steps, especially seeing they have accounted them so full of piety, truth and honesty; as they have done. Now first, for the Parliaments Declarations, read but the King's answers to them, and you shall easily see he lays it as deeply to their charge of endeavouring to set up Anarchy, as Gangrena doth either to mine or Mr. overton's; yea, and instances the particulars, and tells them plainly, The Arguments they use against him, will very well in time serve the people to turn against themselves. And as for Mr. Prynnes Sovereign power of Parliaments, I never read more of that Doctrine (in any Book in all my life) that Gangrena so much condemns in me, etc. then in that very Book, which is licenced by Mr. White, a member of the House of Commons, and in his days as stiff a Presbyterian as Gangrena himself. See his 1. part Sooner. pag. 5, 7, 8, 9, 19, 26, 29, 34, 35, 36, 37. But especially 42, 43, 44, 47, 57, 92. And 2. part, pag. 41, 42, 43, 44 45, 46. & 73 74 75, 76 & 3. part. 11, 12, 13, 14, 15, 16, 17. & 61, 62, 63, 64, 65. & 131, 132, 133. And 4. part, pag. 10, 11, 15, 16. See his Appendix there, unto pag. 1, 2, 3, 4, 5▪ and 11: 12. 13, etc. Besides these, see the first and second part of the Observations; Maxims unfolded; the case of Ship-money briefly discoursed; A new Plea for the Parliament; A fuller Answer to a Treatise, written by Dr. Fern, with divers others. Now for the third thing, which is the triumph Gangrena makes in his 3 part Gangrena, pag. 158. which is, that in my book, (called Innocency and Truth justified, which I published the last year, 1645.) I give that to the Lords, which now I in 1646. in many wicked Pamplets would take away from them: such new light, saith he, hath the success of the new model; and the recruit of the house of Commons brought to the Sectaries: Well I will the man stand to this? if he will, than I desire the impartial Reader to judge betwixt us, and turn to the 11, 12, 36 37, 74. pages of that book: in which pages, is contained all that any way makes to his purpose; or else turn to the 157 pag. of his book, and see, if in all my words there quoted by him, there is any thing that carries the shadow of giving that to the Lords, that now I would take from them; for there I am a reasoning with Mr. Pryn, or the house of Commons, not upon my principles, but their own. And therefore, I say, a Committee of the house of Commons, is not the whole Parliament; no, nor the whole house of Commons itself, according to their own principles, which is the only clause he can fix upon. And good Mr. Gangrena, is it not as just, and as manlike in me, if I be set upon, by you, when I have no better weapons to cudgel you with, than your own, to take them from you, & knock your pate, as to make use of my own proper weapons, to cut you sound, or any other man that shall assault me to the hazard of my Being; & this is just my case, that you count such a disgrace unto me. But say you there, I have owned their legislative power, and their judicative power over Commons: Therefore, you draw an inference to condemn me from mine own practice. Alas man! may not I lawfully seek or receive a good turn from the hands of any man; and yet as lawfully do my best, to refuse a mischief from him? But secondly, I answer, what though the 4. of May, 1641. I stooped to a trial at the Lords Bar, upon an impeachment against me, by the King, doth that ever the more justify their Authority, or declare me to be mutable and unstable? No, not in the least; for you cannot but know the saying of that most excellent Apostle Paul, 1 Cor. 13.11. When I was a child, I spoke as a child, I understood as a child, I thought as a child; but when I became a man, I put away childish things. So say I to you; five or six years ago, I knew nothing but the Lord's Jurisdiction was as much more above the House of Commons (over Commons) as their Robes and Grandeur in which they sat was above them; especially, seeing at all Conferences betwixt both Houses, I see the members of the house of Commons stand bare before the Lords: for which action I now see no ground for, especially having of late read so many books which discourse upon the Lord's jurisdiction, which was upon this ground about a month or six weeks. A Gentleman, a Member of the house of Commons, and one that I believe, wisheth me well, bid me look to myself; for to his knowledge, there was a design amongst some of the Lords (the grounds of reasons of which, he then told me) to clap me by the heels, and to fall so heavy upon me, as to crush me in pieces, or else make me at least an example, to terrify others, that they should not dare to stand for their Rights. And being thus forewarned, I was half armed, which made me discourse upon every opportunity with any that I thought knew any thing of the Lords Jurisdiction, and I found by a general concurrence, that the 29. Chap. of Magna Charta, was expressly against the Lord's Jurisdiction over Commoners in all criminal cases: And upon that ground I protested against them: and then upon further inquiry I found Sir Edward Cook's Judgement expressly against them, and is before recited: which book, Mr. Gangraena, I must tell you, is published since my first trial before the Lords, and was not publicly in being when I then stooped unto their Jurisdiction; and then coming prisoner to the Tower, one of my fellow-prisoners very honestly told me of the Record of Sir Simon de Bereford, which presently with all speed under M Colets' hand I got out of the Record-Office: All which just and legal authorities and testimony makes me so stiff against the Lords, as I am; and I hope I shall continue to the death against them in the thing in question betwixt us, as unmoveable as a brazen Wall, come hanging, come burning, or cutting in pieces, or starving, or the worst that all their malice, and the ulcerous Gangrena Priests put together can inflict: For all that I principally care for, is to see if the thing I engage in, be just; and if my conscience upon solid and mature deliberation, tell me it is, I will by the strength of God, if once I be engaged in it, either go through with it, or die in the midst of it, though there be not one man in the world absolutely of my mind, to back me in it. But lastly, admit in former times, I had been as absolute a Pleader for the Lords Jurisdiction over Commons, as now I am against them. Yet truly, a man of Mr. Gangraenaes' coat, is the unfittest man in the Kingdom to reprove me for it: For his Tribe, I mean of Priests and Deacons, those little toes of Antichrist, now called reform Presbyters, are such a Weathercock, unstable generation of wavering minded men, as the like are not in the whole Kingdom. For their Predecessors in Henry the 8. days, were first for the Pope▪ and all his Drudgeries, and then for the King and his new Religion, and then 3. in his time, returned to rheir vomit again: and then 4. in Edward the 6. days, became by his Proclamation godly reform Protestants: and then 5. in Queen Mary's days, by the authority of her and her Parliament (which Parliament, I do aver it, & will maintain, had as true a ground to set up compulsive Popery, as this present Parliament hath to set up compulsive Presbytery) became for the generality of them bloody and persecuting Papists: And then 6. by the Authority of Queen Elizabeth and her Parliament (who had no power at all, no more than this present Parliament, to wrest the Sceptre of Christ out of his hands, and usurpedly to assume the Legislative Power of Christ, to make Laws to govern the Consciences of his people; which they have nothing at all to do with, He having made perfect, complete, and unchangeable, Laws himself, Esa 9.6, 7, and 33.20, 22. Acts 1.3. and 3.22, 23. and 20.26, 27. 1 Cor. 11.1, 2. 1 Tim. 6.13, 14. Heb. 3 2, 3, 6) became again a Generation of pure and reformed Protestants, and have so continued to this present Parliament: But now like a company of notorious forsworn men (who will be of any Religion in the world, so it carry along with it profit and power) after they have for the generality of them, taken and sworn six or seven Oaths, that the Bishops were the only true Church-government, and that they would be true to them to the death. Yet have now turned the 7th time, and engaged the Parliament and Kingdom in an impossible-to-be-kept oath and Covenant, to root up their ghostly Fathers the Bishops as Antichristian, from whom, as Ministers they received their Life and Being. Yea, and now the 8th. time have turned & fallen from that Covenant and Oath, by which they made all swear that took it; not only to root out Bishops, but all Officers whatsoever that depend upon them: in the number of which, are all themselves, having no other ordination to their Ministry, but what they had from them, and so are properly, really, and truly dependants upon them; and yet now of late have by themselves and instruments, as it were forced the House of Commons to pass a vote, to declare themselves all forsworn, that had a finger in that vote, and so a people not fit to be trusted: For, by their late Vote, no man what ever must preach and declare Jesus Christ; but he that is ordained; that is to say, unless they be depending on the Bishops by Ordination, or else on the Presbyters, who are no Presbyters, unless they depend on the Bishops for their Ordination; for they have no other: and what is this else, but to punish every one that shall truly endeavour the true and real performance of the Covenant? Truly, we have lived to a fine forsworn age, that men must be punished, and made uncapable to bear any office in the Kingdom, if they will not take the Covenant. And then if they do take it, it shall be as bad, if they will not forswear themselves every moment of time, that the Assembly shall judge it convenient, and the house of Commons vote it. And truly, there is in my judgement a good stalking-horse for this practice in the Assembly of Dry-vines (alias Divines, Deut. 32.32, 33. Esa 44.52.) Exhortation to take the Covenant, in these words, and if yet there should any oath be found, into which any Ministers or others have entered, not warranted by the Laws of God and the Land, in this case, they must teach themselves and others, that such Oaths call for, rapentance, not particularly in them; that is to say, that neither the Covenant, nor any other Oath whatsoever, that they have before, or hereafter shall take, binds them any longer than the time that they please to say it, is not warrantable by the Laws of God, & the Land, and so by this Synodian Doctrine, a man may take a hundred Oaths in a day, and not be bound by any of them, if he please. Besides, I would fain know, if by the Parliaments so eager pressing of the Covenant, they do not press the hastening of many of their own destructions: For by the Covenant every man that takes it, is bound thereby to maintain and preserve the fundamental laws of the Kingdom, with us every day trodden under foot, by some of the members of both Houses arbitrary practices, not only towards Cavaliers, (for which they have some colour by pleading necessity) but also towards those of their own party, that have as freely and uprightly adventured their lives to preserve the laws and liberties of the Kingdom, as any of themselves: for justice and right effectually they have scarce done to any man that is a suitor to them. And therefore I here challenge all the Members of both Houses, from the first day of their sitting to this present hour, to instance me, that man in England, that is none of themselves, nor dependence upon themselves, that they have done effectual justice to, though they have had thousands of Petitioners and Complainants for grand grievances before the Parliament; some of which have, to my knowledge, even spent themselves with prosecuting their business before them, and run themselves many hundred pounds thick into debt to manage their business before them, and yet to this hour not one penny the better; and yet they can find time enough since I came prisoner to the Tower, to share about 200000. l of the Commonwealth's money amongst themselves, as may clearly be particularised by their own news books licenced by one of their own Clerks. O horrible and tyrannical wickedness! Was a Parliament in England ever called for that end, as to rob and poll the poor common people, and to force those that have scarce bread to put in their mouths, to pay excise, and other taxations, or else to rob and plunder them of all they have, and then share it amongst the members of both houses; as 10000 l to one man, 6000. l to another, 5000. l etc. to another, and this many times to those that never hazarded their lives for the Weal-public; no, nor some of them never intended, I am confident of it, good to the generality of the people; but that they should be as absolutely their vassals & slaves (if not more) as ever they were the Kings. O thou righteus and powerful Judge of Heaven and Earth that of all the base things in the world, hatest & abhorrest dissemblers & hypocrites. Jer. 7.9, 10, 11 12. to 16. Matth. 23, deal with these the greatest of Dissemblers thyself, who like so many bloody and cruel men, have engaged this poor Kingdom in a bloody and cruel war, pretendedly for the preservation of their laws and liberties; when as God knows by a constant series of actions, they declare they never truly and really intended any such thing, but merely by the blood and treasure of the people, to make themselves tyrannical Lords and Masters over them: So that for my part, if I should take the Covenant, I protest it before the God of Heaven and Earth, without fear or dread of any man breathing, I should judge it my duty, and that I were bound unto it in duty, in conscience, by virtue of my oath, to do my utmost to prosecute even to the death, with my sword in my hand, every member of both houses, that should visibly engage in the destruction of the fundamental Laws & Liberties of England, and prosecute them with as much zeal, as ever any of them prosecuted the King: for tyranny, is tyranny, exercised by whom soever; yea, though it be by members of Parliament, as well as by the King, and they themselves have taught us by their Declarations and practices, that tyranny is resistable; and therefore, their Arguments against the King, may very well serve against themselves, if speedily they turn not over a new leaf: for what is tyranny, but to admit no rule to govern by, but their own wills? 1 part col. declare. pag. 284, 694. But Tho: Gangrana, one word more to you; your threatening to write a book against liberty of Conscience, and toleration of Religion: I pray let me ask you this question, if the Magistrate, quatenus as Magistrate, be Judge of the Conscience, and thereby is endowed with a power to punish all men that he judgeth, conceiveth, or confidently believeth, are erroneous and heretical; or, because in Religion he differeth from the magisterial Religion in the place where he lives; Then I pray tell me, whether all Magistrates, quatenus as Magistrates, have not the very same power? And if so, then doth it not undeniably follow, that Queen Mary and her Parliament did just in her days, in making a law to burn those Heretics, that dissented from her established Religion? who were as gross in their tenants in the then present Magistrates eyes, as any of your Sectaries tenants are now in the present Magistrates eyes, and if you, and your bloody-brethrens of the Clergy-Presbytery, shall engage the present Parliament and Magistracy, to prosecute the Saints and people of God, under pretence of heretical Opinions, I will upon the hazard of my life justify and prove it against you, and the present Parliament, that you and they thereby justify Q. Mary in murdering and burning the Saints in her days; yea, and all the bloudy-persecuting Roman Emperors, that caused to be murdered thousands of the Saints, for bearing witness to the testimony of Jesus; yea, and all the persecutions of the Jews, against Christ and his Apostles; yea, and the putting them to death, and so bring upon your own heads all the righteous blood shed upon the Earth, from the days of righteous Abel, to this present day, Mat. 23.29, 30, 32, 33, 34, 35. which I warrant you will bring wrath and vengeance enough upon you. Now Mr. Lieutenant, a few words more to you, and so conclude; I desire you in the next place, not only to provide me gratis, a prison-Lodging, for I can pay Chamber-rent no longer; but also to provide me my diet, according ro the custom of the place; for you cannot but know, and if you do not, I now tell you that the King was always so noble and just, as to do it to all the Prisoners he committed to this place, of what quality soever: of the truth of which, * Who as I have lately heard, confessed he spent his Maj. 1500. l while he was a prisoner here. Col. Long, Col. Hollis, and Mr. Selden, etc. now members of the house of Commons, can inform you; and how that themselves, when they were the King's prisoners here in the 3. of His Reign (for speaking and acting freely in the Parliament) were maintained by the King, according to their qualities, though some of them had great estates of their own, in their own possessions and enjoyments; and now, as the newes-books tell me, are voted 5000. l a piece, for their then illegal sufferings. And Sir, the Lords who committed me hither, have in a great measure the King's Revenue in their hands at their dispose; and therefore, I expect, now I seek for it, they shall be as just as their Master (whom they have so much condemned for injustice) and provide for me, according to my quality. And, Sir, I must tell you, that I am very confident I have as many noble qualities in me, and as much of a man in every respect, as any of those that sent me hither; (For Titles of Honour, without Honesty and Justice, are no excellenter than a gold ring in a Swine's snout;) Yea, and have given as large a declaration of it to the view of the world, as any of them, what ever, hath done. And therefore, Sir, if they shall deny me this piece of justice and equity, I will, by God's assistance, tell them as well of it, as ever they were told in their lives. But, Sir, in the third place, if this fail me, I desire you to speak to them to allow me interest for my two thousand pounds, (it being scarce twice so much as I have spent since I first became a suitor for it,) that they the last year decreed me, for my illegal, bloody, barbarous, and inhuman sufferings by the Star-Chamber; which, I dare confidently say, were more tormenting than all the sufferings of the Gentlemen, and their copartners. (See my printed Relation of it made at the Lords Bar 13. Feb. 1645.) For which, as I understand, there is 50000. l reparations voted them by the House of Commons,) that so I may have something of my own to live upon. For without some of the three things be done for me; I must either perish, or run exceedingly into debt, which, I profess, I am very loath to to do: or lastly, live upon the alms of my friends, which, I confess, is not pleasant unto me. And besides, the freest horse, or horses in the world, with continual riding, may not only be wearied, but also jaded and tired. But if they will not yield that I shall have my lodging gratis, and my diet found by them, nor interest for my many years expected, and long-looked-for 2000 l that last year they decreed me; nor the remainder of my just Arrears, (which yet is divers hundreds of pounds, that I faithfully, valiantly, and dearly earned with the loss of my blood) to maintain and keep me alive, and my wife and small children. Then, as my last request, I entreat from you, to desire them to call me out to a legal trial, and by the law of the Kingdom, (but not their arbitrary wills) either to be justified or condemned. And here, under my hand, I profess, I crave nor desire, neither mercy nor favour at their hands, but bid defiance to all the adversaries I I have in England, both great and small, to do the worst their malice can unto me; always provided, I may have a legal trial, by my Peers, my Equals, men of my own condition; according to the just, established, unrepealed, fundamental law of the Land, contained in Magna Charta, and the Petition of Right: And truly, Sir, if upon these terms they will not call me out, but resolve to keep me here still, I will, by God's assistance, before many months be expired, give them cause (with a witness) to call me out: for here, if I can help it, I will not be destroyed with a languishing death, though it cost me hewing to pieces, as small as flesh to the pot. For if it had not been that my report hath lain so long dormant in the hands of Col. Henry Martin, the glory of his Age amongst Parliament men, for a lover of his Country; whose credit and reputation I ingeniously confess, I should be very loath in the least (if I could avoid it) to bespatter. But in regard by all the means and friends I can use to him, I cannot get him to make my report; though I desire nothing at his hands but a bare endeavour of the discharge of his duty, to quit himself of it, let the issue be good or bad, all is one to me, so it were but done, or endeavoured to be done: I had long since made a formal appeal to the people, but in regard of my constant hard usage both from divers Lords and Commons, and their Jailers, and other instruments, & the many unresistable prickings forward of my own spirit, which presseth me rather to hazard the undergoing of Sampsons' portion, Judg. 16.21. then to be forced to degenerate from the principles of Reason (the King or chief of all Creatures) into the habit of a bruit beast, and so to live a slave or vassal under any power under the Cope of Heaven, whether Regal or Parliamentary or what ever it be. And therefore, having now with a long deliberated deliberation, committed my wife and children to the tuition, care, and protection of a powerful God, whom, for above these ten years, I have feelingly, and sensibly known as my God in Jesus Christ; who with a mighty protection, & preservation hath been with me in six troubles, and in seven, and from the very day of my public Contest with the Bishops; hath enabled me to carry my life in my hands, and to have it always in a readiness, to lay it down in a quarter of an hours warning, knowing that he hath in store for me a mansion of eternal glory. All these things considered, I am now determined, by the strength of God, if I speedily have not that Justice, which the Law of England affords me, which is all I crave, or stand in need of, no longer to wait upon the destructive seasons of prudential men: but forthwith to make a formal Appeal to all the Commons of the Kingdom of England, and Dominion of Wales, and set my credit upon the tenters to get money to print 20000. of them, and send them gratis to all the Counties thereof: the ingredients of which shall be filled with the Parliaments own Declarations and Arguments against the King, turned upon themselves, and their present practice, and with a little Narrative of my Star-chamber tyrannical sufferings; and those I have there to complain of, are first Dr. Lamb, Guin, and Aliot, for committing me. And 2. Lord-Keeper Coventry, Lord Privie-Seal Manchester (that corruptest of men, whose unworthy Son, is now, and hath been for some years, the chief Prosecutor of my ruin, for no other cause, but that I have been honest, valiant, and faithful, in discharging the trust reposed in me, which he himself was not) my L. Newburgh, old Sir Henry Vane (a man as full of guilt, as any is in England, whose baseness & unworthiness I shall anatomize to the purpose) the L. chief Justice Bramston, & Judge Jones, who sentenced me to the Pillory, and to be whipped, etc. And then 3. Canterbury, Coventry, Manchester, Bishop of London, E. of Arundel, Earl of Salisbury, Lord Cottington, L. Newburgh, Secretary Cook, & Windebanke, who sentenced me to lie in irons, and to be starved in the prison of the Fleet; With a short Narrative of my usage by Lords and Commons this present Parliament; and conclude with a Declaration of what is the end, wherefore Parliaments by law ought & should be called which is, to redress mischiefs & grievances, etc. but not to increase them, 4. E. 3. 14. & 36. E. 3. 10. to provide for the people's weal, but not for their woe, Book Declar. 1. part. pag. 150. and yet notwithstanding all the trust reposed in them, and all the Protestations they have in their public Declarations, made, faithfully, without any private aims, or ends of their own, to discharge it: And notwithstanding all the blood and money, that hath been shed, and spent at their beck and commands, I would fain have any of them to instance me any one Act or Ordinance, since the wars begun, that they have done or made, that is for the universal good of the Commons of England, who have born the burden of the day. Sure I am, they have made several Ordinances to establish Monopolies against the Fundamental Laws of the Kingdom, and thereby have rob freemen of their trades and liveli-hoods, that at their command have been abroad a fight for maintaining the Law; and in practice, annihilated Magna Charta, and the Petition of Right: So that a man (though of their own Party) may perish, if committed by a Parliament-man, or Parliament men, before he can get the Judges to grant an Habeas Corpus, to bring him and his cause up to their Bar, there to receive a trial (secùndum legem terrae) that is according to the Law of the Land, although the Judges be sworn by their oaths to do it. So Sir, desiring you seriously to consider of the premises, which I could not conveniently send you, but in print, I rest Your abused Prisoner, who is resolved to turn all the stones in England, that lie in his way, but he will have right and justice against you, JOHN LILBURN, semper idem. From my illegal and chargeable captivity in Coal-harbour in the Tower of London, this 30 Jan. 1646. FINIS.