THE PICTURE OF THE Council of State, Held forth to the Free people of England BY Lievt. Col. John Lilburn, Mr Thomas Prince, and Mr Richard Overton, now Prisoners in the Tower of LONDON. OR, A full Narrative of the late Extrajudicial and Military Proceed against them. Together with the Substance of their several Examinations, Answers and Deportments before them at Derby house, upon the 28. of March last. Printed in the Year, 1649. THE PICTURE OF The COUNCIL of STATE, Held forth to the Free People of England, By Lieutenant Coll. John Lilburn, M. Thomas Prince, and M. Richard Overton. The Narrative of the proceed against Lieut. Coll. John Lilburn, thus followeth. ON Wednesday the 28. of March 1649. about four or five a clock in the morning, my Lodging at Winchster-house was beset with about a hundred or two hundred armed men, Horse and Foot, one of which knocking at my chamber door, I rise and opened him the door, and asked him who he would speak with, and what he would have? He replied, he was come to take me Prisoner, where upon I demanded of him to see his Warrant, he told me he had one, but had it not here, but as soon as I came to Paul's I should see it; I told him if he walked by the rules of Justice, he ought to have brought his Warrant with him, and to have showed it me, and given me leave to have copied it out, if I had desired it; but divers of the foot Soldiers rushing into my room at his heels, I desired him to demean himself like a Gentleman, and not with any incivilities affright my children & family, for if it were nothing but my person he would have, I would but make me ready and go along with him without any more a do, whither he would carry me, for his power of armed men was beyond my present resisting, or power to dispute; so I desired him and another Gentleman with him to sit down, which they did, and when I was almost ready to go, I demanded of him whether it would not fully satisfy his end, in my going along with him and one or two more of his company in a boat, and I would engage unto him as I was an Englishman, there should be no disturbance to him by me, or any in my behalf, but I would quietly and peaceably go with him, wherever he would have me; but he told me no, I must march through the streets with the same Guard that came for me; I told him I could not now dispute, but it would be no great conquest to lead a single captive through the streets in the head of so many armed men, who neither had made resistance, nor was in any capacity to do it; and coming down stairs into the great yard, I was commanded to stand till the men were marshaled in Rank and File and two other Prisoners were brought unto me, viz. my Landlord, Mr. Devennish's two sons, but for what they knew not, nor could imagine; So away through the streets the armed Victors carry us, like three conquered Slaves, making us often halt by the way, that so their men might draw up in good order, to encounter with an Army of Butterflies, in case they should meet them in the way to rescue us their Captives from them; so coming to Paul's Church, I th●re meet with my Comrade Mr. Prince, and after embraces each of other, and a little discourse, we see our acquaintance M. William Walwin marching at the head of another Party as a captive, and having understood that our being seized as Prisoners was about a new address by way of Petition to the Parliament, entitled the second part of England's new chains discovered; We could not but wonder at the apprehending of M. Walwin about that, he having for some months by past (that ever I could see, or hear of) never been at any of our meetings, where any such things were managed; But Adjutant General Stubber that was the Commander of the Party coming then to view, I repaired to him, and desired to see his Warrant by virtue of which his men forced me out of my bed and habitation, from my wife and children, and his Warrant he produced, which I read, he denying me a copy of it, though both there and at White-Hall I earnestly demanded it as my right, the substance of which so near as I can remember, is from the Committee, commonly styled the Council of State, to Authorize Sir Hardresse Waller, and Colonel Edward Whalely, or whom they shall appoint, to repair to any place whatsoever, where they shall hear Lieut. Coll. John Lilburn, and M. Prince, M. Walwin, and M. Overton are, them to apprehend and bring before the Council of State, for suspicion of high Treason, for compiling &c. a seditious and scandalous Pamphlet etc. And for so doing, that shall be their warrant. Signed john Bradshaw Precedent. And in the same paper is contained Sir Hardress waller's, and Col. Whaley's Commission or Deputation to Adjutant General Stubber, to apprehend M. Walwin, and myself; who with his Officers, dealt abundantly more fairly with us, than I understand Lieut. Col. Axestell dealt with M. Prince and M. Overton; From which Lieut. Col. if there had been any harmony in his spirit to his profession, abundance more in point of civility, might have been expected, than from the other, though he fell much short. But when we were in Paul's Churchyard, I was very earnest with the Adjutant General, and his Ensign that apprehended me (as I understood by the Adjutant he was) that we might go to some place to drink our morning's draughts, and accordingly we went to the next door to the School-house, where we had a large discourse with the Officers, especially about M. Divinish sons; we understanding they had no warrant at all to meddle with them in the least, nor nothing to lay to their charge, but a private information of one Bull their father's tenant, between which parties there is a private difference; we told them, we could not but stand amazed, that any Officer of an Army durst in such a case apprehend the persons of any Freeman of England, and of his own head and authority, drag him or them out of his house and habitation, like a Traitor, a Thief, or a Rogue; and they being ashamed of what they had done to them, at our importunity, let both the young men go free. So away by water we three went to Whitehall, with the Adjutant General, where we met with our friend M. Overton. And after we had stayed at Whitehall till about 4. or 5. of the clock in the afternoon, we were by the foresaid Adjutant carried to Derby house, where after about an hours stay, there were called in Lieu. Col. Goldegne, a Coalyard keeper in Southwark, and as some of good quality of his neighbours do report him to have been no small Personal Treaty man; and also Capt. Williams, and M. Saul Shoe-maker, both of Southwark, who are said to be the Devil's 3. deputies, or informers against us; and after they were turned out, I was called in next, and the door being opened, I marched into the Room with my hat on, and looking about me, I saw divers Members of the House of Commons present, and so I put it off; and by Sergeant Dendy I was directed to go near M. Bradshaw, that sat as if he had been Chairman to the Gentlemen that were there present; between whom, and myself, passed to this following effect. Lieut. Col. Lilburn (said he) here are some Votes of Parliament that I am commanded by this Council to acquaint you with; which were accordingly read, and which did contain the late published and printed Proclamation or Declaration, against the second Part of England's New Chains discovered, with divers instructions, and an unlimited power given unto the Council of State, to find out the Authors and Promoters thereof. After the reading of which, M. Bradshaw said unto me, Sir, You have heard what hath been read unto you, and this Council having information that you have a principal hand in compiling and promoting this Book, (showing me the Book itself,) therefore they have sent for you, and are willing to hear you speak for yourself. Well then M. Bradshaw, said I, If it please you and these Gentlemen to afford me the same liberty and privilege that the Cavaliers did at Oxford, when I was arraigned before them for my li●●… for levying War in the quarrel of the Commonwealth, against the late King and his Party (which was liberty of speech, to speak my mind freely without interruption) I shall speak, and go on; but without the Grant of liberty of speech, I shall not say a word more to you. To which he replied, That is already granted you, and therefore you may go on to speak what you can or will say for yourself, if you please; or if you will not, you may hold your peace, and with draw. Well then (said I) M. Bradshaw, with your favour, thus. I am an Englishman born, bred, and brought up, and England is a Nation Governed, Bounded, and Limited by Laws and Liberties: and for the Liberties of England, I have both fought and suffered much: but truly Sir, I judge it now infinitely below me, and the glory and excellency of my late actions, now to plead merit or desert unto you, as though I were forced to fly to the merit of my former actions, to lay in a counter-scale, to weigh down your indignation against me, for my pretended late offences: No, Sir, I scorn it, I abhor it: And therefore Sir, I now stand before you, upon the bare, naked, and single account of an Englishman, as though I had never said, done, or acted any thing, that tended to the preservation of the Liberties thereof; but yet, have never done any act that did put me out of a Legal capacity to claim the utmost punctilio, benefit, and privilege that the Laws and Liberties of England will afford to any of you here present, or any other man in the whole Nation: And the Laws and Liberties of England are my inheritance and birthright. And in your late Declaration, published about four or five days ago, wherein you lay down the grounds and reasons (as I remember) of your doing Justice upon the late King, and why you have abolished Kingly Government, and the House of Lords, you declare in effect the same; and promise to maintain the Laws of England, in reference to the People's Liberties and Freedoms: And amongst other things therein contained, you highly commend and extol the Petition of Right, made in the third year of the late King, as one of the most excellent and gloriest Laws in reference to the People's Liberties that ever was made in this Nation; and you there very much blame, and cry out upon the King, for robing and denying the people of England the benefit of that Law; and sure I am (for I have read and studied it) there is one clause in it that saith expressly, That no Freeman of England ought to be adjudged for life, limb, liberty, or estate, but by the Laws already in being established and declared: And truly Sir, if this be good and found Legal Doctrine (as undoubtedly it is, or else your own Declarations are false, and lies) I wonder what you Gentlemen are; For the declared and known Laws of England knows you not, neither by names, nor qualifications, as persons endowed with any power either to imprison or try me, or the meanest Freeman of England; And truly, were it not that I know the faces of divers of you, and honour the persons of some of you, as Members of the House of Commons that have stood pretty firm in shaking times to the Interest of the Nation; I should wonder what you are, or before whom I am and should not in the least honour or reverence you so much as with Civil Respect, especially considering the manner of my being brought before you, with armed men, and the manner of your close sitting, contrary to all Courts of Justice. M. Bradshaw, it may be the House of Commons hath passed some Votes or Orders, to authorize you to sit here for such and such ends as in their Orders may be declared: But that they have made any such Votes or Orders, is legally unknown to me, I never saw them. It's true, by common Fame you are bruited abroad and styled a Council of State, but its possible common Fame in this particular may as well tell me a lie as a truth; But admit common Fame do in this tell me a truth, and no , but that the House of Commons in good earnest have made you a Council of State, yet I know not what that is, because the Law of England tells me nothing of such a thing; and surely if a Council of State were a Court of Justice, the Law would speak something of it: But I have read both old and new Laws, yea all of late that it was possible to buy or hear of, and they tell me not one word of you, and therefore I scarce know what to make of you or what to think of you, but as Gentlemen that I know, I give you civil respect, and out of no other consideration: But if you judge yourselves to be a Council of State, and by virtue thereof think you have any power over me, I pray you show me your Commission, that I may know the better how to behave myself before you. M. Bradshaw, I will not now question or dispute the Votes or Orders of the present single House of Commons, in reference to their power, as binding Laws to the people; yet admit them to be valid, legal, and good; their due circumstances accompanying them: yet Sir, by the Law of England let me tell you, what the House Votes, Orders, and Enacts within their walls, is nothing to me, I am not at all bound by them, nor in Law can take any cognisance of them as Laws, although 20. Members come out of the House, and tell me such things are done, till they be published and declared by sound of Trumpet, Proclamation, or the like, by a public Officer or Magistrate, in the, public and open places of the Nation; But truly Sir, I never saw any Law in Print or writing, that declares your power so proclaimed or published; and therefore Sir, I know not what more to make of you, than a company of private men, being neither able to own you as a Court of Justice, because the Law speaks nothing of you; nor as a Council of State, till I see, and read, or hear your Commission, which I desire (if you please) to be acquainted with. But Sir, give me leave further to aver unto you, and upon this Principle or Averment I will venture my life and being, and all I have in the world; That if the House had by a Proclaimed and Declared Law, Vote, or Order, made this Council (as you call yourselves) a Court of Justice, yet that proclaimed or declared Law, Vote, or Order, had been unjust, and null, and void in itself; And my reason is, because the House itself was never (neither now, nor in any age before) betrusted with a Law executing power, but only with a Law making power. And truly Sir, I should have looked upon the people of this Nation as very fools, if ever they had betrusted the Parliament with a law executing power, and my reason is, because, if they had so done, they had then chosen and empowered a Parliament to have destroyed them, but not to have preserved them, (which is against the very nature and end of the very being of Parliaments, they being by your own declared doctrine) chosen to provide for the people's weal, but not for their woe) And Sir, the reason of that reason is, because its possible if a Parliament should execute the Law they might do palpable injustice, and male administer it, and so the people would be robbed of their intended extraordinary benefit of appeals, for in such cases they must appeal to the Parliament, either against itself, or part of itself, and can it ever be imagined they will ever condemn themselves, or punish themselves; nay, will they not rather judge themselves bound in honour and safety to themselves, to vote that man a Traitor and destroy him that shall so much as question their actions, although formerly they have dealt never so unjustly with him; For this Sir I am sure is very commonly practised now a days, and therefore the honesty of former Parliaments in the discharge of their trust and duty in this particular was such, that they have declared, the power is not in them to judge or punish me, or the meanest freeman in England, being no Member of their House, although I should beat or wound one of their Members nigh unto their door, going to the House to discharge his duty, but I am to be sent in all such cases to the Judge of the upper * See 5. H. 4. 6. 11. H. 6. Ch. 11. see also my plea against the Lord's jurisdiction, before the Judges of the King's Bench called the Laws Funeral. Pag. 8, 9 and my grand Plea against the Lord's jurisdiction, made before M. Maynard of the house of Commons; and the four imprisoned Aldermen of London's plea against the Lord's jurisdiction, published by M. Lionel Hurbin 1648. Bench, unto whom by Law they have given declared rules, and direction in that particular how to behave himself, which are as evident for me to know as himself, now Sir, if reason and justice do not judge it convenient that the Parliament shall not be judges in such particular cases, that is of so near concernment to themselves, but yet hath others that are not of their House that are as well concerned as themselves, much less will reason or justice admit them to be judges in particular cases, that are farther remote from their particular selves, and doth merely concern the common wealth, and sure I am Sir, this is the declared Statute Law of England, and doth stand in full force at this hour, there being I am sure of it no law to repeal it, no not since the House of Commons set up their new Commonwealth. Now Sir from all this I argue thus, that which is not inherent in the whole, cannot by the whole be derived, or assigned to a part. But it is not inherent neither in the power nor authority of the whole House of Commons, primarily and originally to execute the Law, and therefore they cannot derive it to a part of themselves. But yet Sir with your favour, for all this I would not be mistaken as though I maintained the Parliament had no power to make a Court of justice, for I do grant they may erect a Court of justice to administer the Law, provided that the judges consist of persons that are not Members of their House, and provided that the power they give them be universal, that is to say, to administer the law to all the people of England indefinitely, and not to two or three particular persons solely, the last of which for them to do is unjust, and altogether, out of their power: And therefore Sir, to conclude this point, It being not in the power of the whole Parliament to execute the Law, they can give no power to you their Members to meddle with me in the case before you; For an ordinary Court of Justice (the proper Administrator of the Law) is the only and sole Judge in this particular; and not you Gentlemen, no nor your whole House itself. For with your favour M. Bradshaw, the fact that you suppose I have committed (for till it be judicially proved (and that must be before a legal Judge that hath cognisance of the fact) or confessed by myself before the Judge; it is but a bare supposition) is either a crime, or no crime; A crime it cannot be, unless it be a Transgression of a Law in being, before it was committed, acted, or done; For where there is no Law, * Rom. 4.15. See the 4. part of the L. Cook's Instituts, Ch. 1. high Court of Parl. fol. 14. 35. 37. See also my printed Epistle to the Speaker, of the 4. of April, 1648. called The Prisoner's plea for a Habeas Corpus, p. 5, 6. and England's Birthright, p. 1, 2, 3, 4. and the second edition of my Epistle to Judge Reeves, p. 11, 12, 13, 14, 15. and M. John Wildmans Truth's Triumph, p. 11, 12, 13, 14. and Sir John Maynards' Case truly stated, called The Laws Subversion, p. 9.13, 14, 15, 16. 38. there is no Transgression. And if it be a Transgression of a Law, that Law provides a punishment for it, and by the Rules and method of that Law am I to be tried, and by no other whatsoever, made ex post facto. And therefore Sir, If this be true, as undoubtedly it is; then I am sure you Gentlemen have no power in Law to convene me before you, for the pretended crime laid unto my charge; much less to fetch me by force out of my habitation by the power of armed men: For Sir, let me tell you, The Law of England never made Colonels, Lieu. Colonels, Captains, or Soldiers, either Bailiffs, Constables, * See the Petition of Right, in the C. R. and my Book, called the People's Prerogative, p. 67, 68, 69, 70. or Justices of the Peace: And I cannot but wonder that you should attach me in such a manner as you have done, considering that I have all along adhered to the Interest of the Nation against the common enemy (as you call them) and never disputed, nor contemned any Order of Summons from Parliament, or the most irregularest of their Committees, but always came to them when they sent for me, although their warrant of summons was never so illegal in the form of it; and I have of late in a manner de die in diem, waited at the House door, and was there that day the Votes you have read, past, till almost twelve a clock; and I am sure there are some here present (whose conscience I believe tells them, they are very much concerned in the Book now before you) that saw me at the door, and stared wishfully upon me as they went into the House; and I cannot but wonder there could be no Civil Officer found to summon me to appear; but that now, when there is no visible hostile enemy in the Nation, and all the Courts of Justice open, that you (that have no power at all over me) must send for me by an hundred or two hundred armed Horse and Foot, as though I were some monstrous man, that with the breath of my mouth were able to destroy all the Civil Officers that should come to apprehend me; Surely I had not endeavoured to fortify my house against you, neither had I betaken myself to a Castle, or a defenced Garrison in hostility against you, that you need to send an hundred or two hundred armed men to force me out of my house, from my wife and children, by four or five a clock in the morning, to the distracting and frighting of my wife and children: Surely, I cannot but look upon this irregular, unjust, and illegal hostile action of yours, at one of the fruits and issues of your new created Tyranny, to amuse and debase my spirit, and the spirits of the People of this Free Nation, to fit me and them for bondage and slavery. And Sir, give me leave further to tell you, that for divers hundreds of men that have often been in the field with their swords in their hands, to encounter with hostile enemies, and in their engagements have acquitted themselves like men of valour, and come out of the field conquerors; for these very men to put themselves in Martial Array against four Mice or Butterflies, and take them captives, and as captives lead them through the streets, methinks is no great victory and conquest for them, but rather a diminution to their former Martial Achievements and Trophies: And therefore to conclude this, I do here before you all, prorest against your Power and Jurisdiction over me, in the case in controversy; And do also protest against your Warrant you issued 〈◊〉 to apprehend me; And against all your martial and hostile acts committed towards me, as illegal, unjust, and tyrannical, and no way in Law to be justified: Further telling you, that I saw most of the Lord of strafford's arraignment, and (if my memory fail me not) as little things as you have already done to me, were by yourselves laid to his charge, as acts of Treason; For which I saw him lose his head upon Tower-hill as a Traitor: And I doubt not for all this that is done unto me, but I shall live to see the Laws and Liberties of England firmly settled, in despite of the present great opposers thereof, and to their shame and confusion: and so M. Bradshaw I have done with what I have now to say. Upon which M. Bradshaw replied, Lieut. Col. Lilburn, you need not to have been so earnest, and have spent so much time in making an Apologetical defence; for this Council doth not go about to try you, or challenge any jurisdiction to try you, neither do we so much as ask you a question in order to your trial, and therefore you may correct your mistake in that particular. Unto which I said, Sir, by your favour, if you challenge no Jurisdiction over me, no not so much as in order to a trial, what do I here before you? or what do you in speaking to me? But Sir, seeing I am now here, give me leave to say one word more, and that is this; I am not only in time of peace (the Courts of Justice being all open) fetched & forced out of my house by multitudes of armed men, in an hostile manner, & carried as a captive up and down the streets, contrary to all Law and Justice, but I am by force of Arms still kept in their custody, and it may be, may be intended to be sent to them again, who are no Guardians of the Laws of England, no nor so much as the meanest Administrators or Executors of it, but aught to be subject to it themselves, and to the Administrators of it: And truly Sir, I had rather die, than basely betray my liberties into their Martial fingers, (who after their fight for our Freedoms, would now destroy them, and tread them under their feet) that have nothing at all to do with me, nor any pretended or real civil offender in England: I know not what you intent to do with me, neither do I much care; having learned long since to die, and rather for my Liberties, than in my bed: It's true, I am at present in no capacity effectually to dispute your power, because I am under Guards of armed musketeers, but I entreat you, If you will continue me a prisoner, that you will free me from the military Sword, and send me to some Civil Goal; and I will at present in peace and quietness obey your command, and go. And so I concluded, and was commanded to withdraw; which I did, and then M. William Wallin was called in, and while he was within, I gave unto my comrades M. Prince, and M. Overton, and the rest of the people, a summary account of what had passed between me and them: and within a little time after, M. Walwin came ●ut again, and M. Overton was called in next: and at M. Walwins coming out, he acquainted us what they said to him, which was in a manner the same they said to me; and all that he said to them was but this, That he did not know why he was suspected. To which M. Bradshaw replied, Is that all you have to say? And M. Walwin answered, yes. So he was commanded to withdraw. And after M. Overton was come out, M. Prince was called in, and after he had withdrawn, they spent some time of debate among themselves, and then I was called in again; So I marched in suitable to my first posture, and went close to M. Bradshaw, who said unto me to this effect: Lieut. Colonel Lilburn, This Council hath considered what you have said, and what they have been informed of concerning you, and also of that duty that lies upon them by the command of the House, which enjoins them to improve their utmost ability to find out the Author of this Book; and therefore to effect that end, they judge themselves bound to demand of you this question: Whether you made not this Book, or were privy to the making of it or no? And after some pause, and wondering at the strangeness of the question, I answered and said, M. Bradshaw, I cannot but stand amazed that you should ask me such a question as this, at this time of the day, considering what you said unto me at my first being before you; and considering it is now about eight years ago since this very Parliament annihilated the Court of Star-chamber, Council board, and High Commission, and that for such proceed as these. * See the Acts that abolished them, made in the 16. C. R. printed in my Book called The people's Prerogative, p. And truly Sir, I have been a contestor and sufferer for the Liberties of England these twelve years together, and I should now look upon myself as the basest fellow in the world, if now in one moment I should undo all that I have been doing all this while, which I must of necessity do, if I should answer you to questions against myself; For in the first place, by answering this question against myself, I should betray the Liberties of England, in acknowledging you to have a Legal Jurisdiction over me, to try and adjudge me; which I have already proved to your faces you have not in the least: and if you have forgot what you said to me thereupon, yet I have not forgot what I said to you. And secondly Sir, if I should answer to questions against myself, and so betray myself, I should do that which not only Law, but Nature abhors: And therefore I cannot but wonder that you yourselves are not ashamed to demand so illegal and unworthy a thing * And well might I, for M. John Cook, and M. Bradshaw himself were my Counsel at the Lords Bar, against the Star-Chamber, the 13. of Feb. 1645. where M. Bradshaw did most excellently open the Star-chamber injustice towards me; and at the reading of their first sentence, he observed to the Lords, that that sentence was felo de se, guilty of its own death; the ground whereof, being because M. Lilburn refused to take an oath to answer to all such questions as should be demanded of him, it being contrary to the Laws of God, Nature, and the Kingdom, for any man to be his own Accuser: Whose words you may more at large read in the Printed relation thereof, drawn up by M. John Cook, and myself, p. 3. of me as this is. And therefore in short, were it that I owned your power (which I do not in the least) I would be hanged, before I would do so base, and un-Englishman-like an Action, to betray my Liberty; which I must of necessity do, in answering questions to accuse myself: But Sir, This I will say to you, my late Actions have not been done in a hole, or a corner, but on the house top, in the face of the Sun, before hundreds and some thousands of people; and therefore why ask you me any questions? Go to those that have heard me, and seen me, and it is possible you may find some hundreds of witnesses to tell you what I have said and done; for I hate holes and corners: My late Actions need no covers nor hidings, they have been more honest than so, and I am not sorry for what I have done, for I did look well about me before I did what I did, and I am ready to lay down my life to justify what I have done; and so much in answer to your question. But now Sir, with your favour one word more, to mind you again of what I said before, in reference to my Martial imprisonment; and truly Sir, I must tell you, Circumstantials of my Liberty, at this time I shall not much dispute, but for the Essentials of them I shall die: I am now in the Soldier's custody, where to continue in silence and patience, is absolutely to betray my Liberty; for they have nothing to do with me, nor the meanest Freeman of England in this case; and besides Sir, they have no rules to walk by, but their wills and their swords, which are two dangerous things; it may be I may be of an hasty choleric temper, and not able nor willing to bear their affronts; and peradventure they may be as willing to put them upon me, as I am unwilling to bear them; and for you in this case to put fire and tinder together, to burn up one an other, will not be much commendable, nor tend much to the accomplishment of your ends; But if for all this, you shall send me back to the Military sword again, either to Whitehall, or any other such like garrisoned place in England, I do solemnly protest before the Eternal God of Heaven and Earth, I will fire it, and burn it down to the ground, if possibly I can, although I be burnt to ashes with the flames thereof; for Sir, I say again, the soldiers have nothing to do to be my Gaolers; and besides, it is a maxim among the soldiers, That they must obey (without dispute) all the Commands of their Officers, be they right or wrong; and it is also the maxim amongst the Officers, That if they do not do it, they must hang for it: therefore if the Officers command them to cut my throat, they must either do it, or hang for it. And truly Sir, (looking wishfully upon Cromwell, that sat just against me) I must be plain with you, I have not found so much Honour, Honesty, Justice, or Conscience, in any of the principal Officers of the Army, as to trust my life under their protection, or to think it can be * And truly I am more than afraid honest Capt. Bray hath too much experience of this at Windsor Castle, who though he be but barely committed thither into safe custody, yet (as I from very good hands am informed) the Tyrannical Governor Whichcock, Cromwel's creature, doth keep him close prisoner, denying him the benefit of the Castle Air, keeping not only pen and ink from him, but also his friends and necessaries with which cruelty etc. he hath already almost murdered and destroyed the honest man; in whose place were I, and so illegally and unjustly used, a flame (if possibly I could should be the portion of my chamber, although I perished in it. safe under their immediate fingers; and therefore not knowing, nor very much caring what you will do with me, I earnestly entreat you, if you will again imprison me; send me to a Civil Goal that the Law knows, as Newgate, the Fleet, or the Gatehouse, and although you send me to a Dungeon, thither I will go in Peace and quietness, without any further dispute of your authority. For when I come there, I know those Gaolers have their bound and limits set them by the Law, and I know how to carry myself towards them, and what to expect from them; and if they do abuse me, I know how in law to help myself. And so Sir, I have said what at present I have to say. Whereupon M. Bradshaw commanded the Sergeant to put me out at an other door, that so I should no more go amongst the people; and immediately M. Walwin was put out to me, and ask him what they said to him, I found it to be the same in effect they said to me, demanding the same foregoing question of him, that they did of me: to which question, (after some kind of pause) he answered to this effect, That he could not but very much wonder to be asked such a question, however that it was very much against his Judgement and Conscience to answer to questions of that nature, which concerned himself; that if he should answer to it, he should not only betray his own Liberty, but the Liberties of all Englishmen, which he could not do with a good Conscience; And he could not but exceedingly grieve at the dealing he had found that day; That being one who had always been so faithful to the Parliament, and so well known to most of the Gentlemen there present, that nevertheless he should be sent for with a party of Horse and Foot, to the affrighting of his Family, and ruin of his credit; And that he could not be satisfied, but that if was very hard measure, to be used thus upon suspicion only; And that if they did hold him under restraint from following his business and occasions, it might be his undoing, which he conceived they ought seriously to consider of. Then M. Bradshaw said, he was to answer the question, and that they did not ask it as in way of Trial, so as to proceed in Judgement thereupon, but to report it to the House. To which M. Walwin said, That he had answered it so as he could with a good Conscience, and could make no other Answer, and so withdrew. And after he came out to me, M. Overton was next called in again, and then M. Prince, so after we were all come out, and all four in a room close by them, all alone, I laid my ear to their door, and heard Lieutenant General Cromwell (I am sure of it) very loud, thumping his fist upon the Council Table, till it rang again, and heard him speak in these very words, or to this effect; I tell you Sir, you have no other way to deal with these men, but to break them in pieces; and thumping upon the Council Table again, he said Sir, let me tell you that which is true, if you do not break them, they will break you; yea, and bring all the guilt of the blood and treasure shed and spe●t in this Kingdom upon your heads and shoulders; and frustrate and make void all that work, that with so many year's industry, toil and pains you have done, and so render you to all rational men in the world, as the most contemptible generation, of silly, low spirited men in the earth, to be broken and routed by such a despicable contemptible generation of men as they are; and therefore Sir I tell you again, you are necessitated to break them, but being a little disturbed by the supposition of one of their Messengers coming into the room, I could not so well hear the answer to him, which I think was Col. ludlow's voice, who pressed to bail us, for I could very well hear him say, what would you have more than security for them? Upon which discourse of Cromwel's, the blood run up and down my veins, and I hearty wished myself in again amongst them being scarce able to contain myself) that so I might have gone five, or six stories higher than I did before, yea, as high as I intended when I came to their door, and to have particularly paid Cromwell and Hasleridge to the purpose, for their late venom not only against me in the House, but my whole family, Hasleridge saying (as I am informed) in the open House, there was never an one of the lilburn's family fit or worthy to be a Constable in England, though I am confident there is not the worst of us alive that have served the Parliament, but he is a hundred times more just honest and unspoted than he himself, as in due time I shall make it appear by God's assistance (I hope) to his shame: But the fair carriage of the Gentlemen of the supposed Council to me at the first, took off the height of the edge of my spirit, and intended resolution; which it may be they shall have the next time to this effect. You yourselves have already voted the People under God, the Fountain and Original of all just power, And if so, then none can make them Laws, but those that are chosen, empowered, and be trusted by them for that end; and if that be true, as undoubtedly it is, I desire to know how the present Gentlemen at Westminster can make it appear they are the people's Representatives, being rather chosen by the will of him, whose head as a Tyrant and Traitor, they have by their wills chopped off (I mean the King) then by the people: whose Will made the Borough Towns to choose Parliament men, and there by robbed above nineteen people of this Nation, of their undubitable and inherent right, to give to a single man in twenty for number (in reference to the whole Nation) a Monopoly to choose Parliament men; disfranchising therereby the other nineteen, and if so in any measure, than this; upon their own declared principles they are no Representative of the people, no nor was not at the first; Again, the King summoned them by his Writ, the issue of his will and pleasure, and by virtue of that they sit to this hour; Again, the King by his Will and pleasure combines with them by an Act to make them a perpetual Parliament (one of the worst and tyranicallest actions that ever he did in his life) to sit as long as they pleased, which he nor they had no power to do in the least, the very constitution of Parliaments in England, being to be once every year, or oftener if need require; Quere, Whether this act of perpetuating this Parliament by the Parliament men themselves beyond their Commission, was not an act in them of the highest Treason in the world against the People and their liberties, by setting up themselves an arbitrary power over them for ever? Yea, and thereby razing the foundation and constitution of Parliament itself: And if so, than this is nul, if at the first it had been any thing. Again, if it should be granted this Parliament at the beginning had a legal constitution from the people (the original and fountain of all just power) yet the Faction of a traitorous party of Officers of the Army, hath twice rebelled against the Parliament, and broke them to pieces, and by force of Arms culled out whom they please, and imprisoned divers of them and laid nothing to their charge, and have left only in a manner a few men, besides eleven of themselves viz. the General, Cromwell, Ireton, Harrison, Fleetwood, Rich, Ingolsby, Hasleridge, Constable, Fennick, Walton and Allen, Treasurer; of their own Faction behind them that will like Span el-doggs serve their lusts and wills; yea some of the chiefest of them, viz. Ireton, Harrison, etc. yea, M. Holland himself, styling them a mock Parliament a mock power at Windsor, yea, it is yet their expressions at London; And if this be true that they are a mock power and a mock Parliament; then, Quere, Whether in Law or Justice, especially considering they have fallen from all their many glorious promises, & have not done any one action that tends to the universal good of the Peolpe? Can those Gentlemen sitting at Westminster in the House, called the House of Commons, be any other than a Factious company of men traitorously combined together with Crom. Ireton, and Harrison, to subdue the Laws, Liberties, and Freedoms of England; (for no one of them protest against the rest) and to set up an absolute and perfect Tyranny of the Sword, Will and pleasure, and absolutely intent the destroying the Trade of the Nation, and the absolute impoverishing, the people thereof, to sit them to be their Vassals and Slaves; And if so, then, Quere, Whether the Free People of England, as well Soldiers as others, ought not to contemn all these men's commands, as invalid and illegal in themselves, and as one man to rise up against them as so many professed traitors, theives, robbers and high way men, and apprehend and bring them to justice in a new Representative, chosen by virtue of a just Agreement among the People, there being no other way in the world to preserve the Nation but that alone; the three forementioned men, viz. Cromwell, Ireton, and Harrison, (the General being but their Stalking horse, and a Cifer) and there traitorous * For the greatest Traitors they are that ever were in this nation, as upon the loss of my head I John Lilburn will by law undertake to prove and make good, before the next free Parliament, to whom Ihereby appeal. faction, having by their wills and Swords, got all the Swords of England under their command; and the disposing of all the great places in England by Sea and Land, and also the pretended Law making power, and the pretended law executing power, by making among themselves (contrary to the Laws and and Liberties of England) all judges, justices of peace, Sheriffs, Bailiffs, Committee men etc. to execute their wills and Tyranny, walking by no limits or bounds but their own wills and pleasures; And traitorously assume unto themselves a power to levy upon the people what money they please; and dispose of it as they please, yea even to buy knives to cut the people's throats that pay the money to them, and to give no account for it till Doom's Day in the afternoon; they having already in their wills and power to dispose of the Kings, Queens, Princes, Dukes, and the rest of the children's Revenue; Deans and Chapters lands, Bishops lands, sequestered Delinquents lands, sequestered Papists lands, Compositions of all sorts, amounting to millions of money; besides Excise, and Customs; yet this is not enough, although if rightly husbanded it would constantly pay above one hundred thousand men, and furnish an answerable Navy there unto: But the people must now after their trades are lost, and their estates spent to procure their liberties and freedoms, be cessed about 100000. pound a month, that so they may be able like so many cheaters and State thiefs, to give 6. 8. 10. 12. 14. 16, thousand pounds a piece over again to one another, as they have done already to divers of themselves to buy the Common wealth's lands one of another, (contrary to the duty of trusties, who by law nor equity can neither give nor sell to one another) at two or three years purchase the true and valuable rate considered, as they have already done, and to give 4 or 5000 l per annum over again to King Cromwell, as they have done already out of the Earl of Wrocesters' estate, etc. Besides about four or five pounds a day he hath by his places of Lieut. General, and Colonel of Horse in the Army, although he were at the beginning of this Parliament but a poor man, yea, little better than a beggar (to what he is now) as well as other of his neighbours. But to return, those gentlemen that would have had us bailed lost the day, by one vote as we understood; and then about 12. at night they broke up, & we went into their pretended Secretary, & found our commitments made in these words, our names changed, viz. These are to will and require you, to receive herewith into your custody, the person of Lieut. Col. John Lilburn, and him safely to keep in your Prison of the Tower of London, until you receive farther order, he being committed to you upon suspicion of high Treason, of which you are not to fail, and for which this shall be your sufficient Warrant; Given at the Council of State at Darby-house this 28. day of March, 1649 Signed in the name, and by the Order of the Council of State, 〈◊〉 appointed by authority of Parliament. Jo. Bradshaw. Precedent. To the Lieut. of the 〈◊〉 〈◊〉 of London. Note that we were committed upon Wednesday their fast day, being the best fruits that ever any of their fasts brought out amongst them, viz. To smite with the fist of wickedness. For the illegality of this Warrant, I shall not say much, because it is like all the rest of the Warrants of the present House of Commons, and their unjust Committees; whose Warrants are so sufficiently anatomised by my quondam Comrade, M. john Wildman, in his books, called Truth's Triumph, and the Laws subversion, being Sir john Maynards' case truly stated; and by myself, in my late Plea before the Judges of the King's Bench, now in print, and entitled The Laws Funeral, that it is needless to say any more of that particular, and therefore to them I refer the Reader. But to go on, when we had read our Warrants we told M. Frost we would not dispute the legality of them, because we were under the force of Guards of Armed musquettiers: So some time was spent to find a man that would go with us to prison, Capt. jenkin's (as I remember his name) being Capt. of the Guard, and my old and familiar acquaintance, was prevailed with by us, to take the charge upon him, who used us very Civilly, and gave us leave that night (it being so late) to go home to our wives, and took our words with some other of our friends then present, to meet him in the morning at the Angel Tavern near the Tower; which we did accordingly, and so marched with him into the Tower; where coming up to the Lieut. house, and after salutes each of other with very much civility, the Lieut. read his Warrants: and M. Walwin as our appointed mouth, acquainted him that we were Englishmen, who had hazarded all we had for our Liberties & Freedoms for many years together, and were resolved (though Prisoners) not to part with an inch of our Freedoms, that with struggling for we could keep, and therefore we should neither pay fees nor chamber rend, but what the Law did exactly require us; neither should we eat or drink of our own cost and charges so long as we could fast; telling him it was our unquestionable right by Law, and the custom of this place, to be provided for out of the public Treasure, although we had never so much money in our pockets of our own, which he granted to be true; and after some more debate I told him, we were not so irrational as to expect that he out of his own money should provide for us: but the principal end of our discourse with him was, to put words in his mouth from ourselves, (he being now our Guardian) to move the Parliament or Council of State about us, which he hath acquainted us he did to the Council of State, who he saith granted, the King or former times used to provide for the Prisoners, but I say, they will not be so just as he was in that particular, although they have taken off his head for tyranny, yet they must and will be greater Tyrants than he, yea, and they have resolved upon the Question, that he shall be a Traitor that shall but tell them of their tyranny, although it be never so visible. So now I have brought the Reader to my old and contented Lodging in the Tower, where within two, or three days of our arrival there, came one M. Richardson a Preacher amongst those unnatural, un-English-like men, that would now help to destroy the innocent, and the first promoters in England (as Cromwel's beagles to do his pleasure) of the first Petition for a Personal Treaty almost 2, years ago, and commonly style themselves the Preachers to the 7 Churches of Anabaptists, which Richardson pretending a great deal of affection to the Common wealth to Cromwell, & to us, pressed very hard for union and peace, (and yet by his petition since this, endeavours to hang us) teling us, men cried mightily out upon us abroad for grand disturbers, that sought Crom. blood for all his good service to the Nation, and that would centre no where, but merely laboured to pull down those in power, to set up ourselves: And after a little discourse with him, being all 4. present, and retorting all he said back upon those he seemed to plead for, before several witnesses, we appealed to his own conscience, whether those could intent any hurt or tyranny to the people, that desires, and earnestly endeavours for many years together, that all Magistrates hands might be bound and limited by a just law and rule, with a penalty annexed unto it, that in case they outstrip their rule, they might forset life & estate, and that all Magistrates might be chosen by the free people of this Nation by common consent, according to their undubitable right, & often removed, that so they might not be like standing waters, subject to corruption; and that the people might have a plain, easy, short, and known Rule amongst themselves to walk by; but such men were all we; and therefore justly could not be styled disturbers of any, but only such as sought to rule over the people by their absolute Wills and pleasures, and would have no bounds or limits but their lusts, and so sought to set up a perfect tyranny, which we absolutely did, and still do charge upon the great men in the Army, and are ready before indifferent Judges to make it good. And as for seeking ourselves, we need no other witnesses but some of our present adversaries in the House, whose great preffered places, and courtship by themselves and their Agents some of us have from time to time slighted, scorned, and contemned, till they would conclude to come to a declared and resolved centre, by a just Agreement of the People; there being no other way now in the World to make this Nation free, happy, or safe, but that alone. And as for Cromwel's blood, although he had dealt basely enough with some of us in times bypast, by thirsting after ours, without cause; of whom (if revenge had been our desire) we could have had it the last year to the purpose, especially when his quondam Darling, Maj. Huntingdon, (Maj. to his own Regiment) impeached him of Treason to both Houses: yet so deer was the good of our native Country to us, to whom we judged him then a serviceable Instrument to balance the Scots, that we laid all revenge aside, hoping his often dissembled Repentances was real indeed; and M. Holland himself (now his favourite) if his 1000 or 1500. l. per annum of the King's Lands, that now he enjoys, did not make him forget himself, can sufficiently testify and witness our unwearied and hazardous Activity for Cromwel's particular preservation the last year, when his great friends in the House durst not publicly speak for him. And whereas it is said we will Centre no where, we have too just cause to charge that upon them; the whole stream of all our Actions (as we told Richardson) being a continued Declaration of our earnest Desires to come to a determinate and fixed centre: one of us making sufficient propositions to that purpose to the Council of State at our last being there and all our many and late proffers as to that particular, they have hitherto rejected, as no ways consistent with their tyrannical and selfish ends and designs: and have given us no other answer in effect, but the sending our body's prisoners to the Tower: and therefore we judged it infinitely below us (as we told him) and that glorious cause (the People's Liberties and Freedoms, that we are now in bonds for) & for which we suffer, to send any message but a defiance by him or any other to them. Yet to let him know (as one we judged honest, and our friend) we were men of reason, moderation, and justice, and sought nothing particularly for ourselves, more than our common share in the common freedom, tranquillity, and peace of the land of our Nativity: We would let him know, we had a two fold Centre, and if he pleased of and from himself to let our Adversaries know, we were willing our adversaries should have their choice to which of the two they would hold us to. And therefore said we in the first place, The Officers of the Army have already compiled, and published to the view of the Nation, an Agreement of the people, which they have presented to the present Parliament; against which we make some exceptions, which exceptions are contained in our Addresses: Now let them but mend their Agreement according to our exceptions, and so far as all our interest extends in the whole Nation, we will acquiesce and rest there, and be at peace with them, & live and die with them in the pursuance of those ends; and be content for Cromwell and Iretons security, etc. for the blood of war shed in time of peace at Ware, or any thing else; and to free ourselves that we thirst after none of their blood, but only our just Liberties (without which we can never fit down in peace) That there shall be a clause, to bury all things in oblivion, as to life and liberty, excepting only estate; that so the Commonwealth may have an account of their moneys in Treasurer's hands, etc. Or secondly, if they judge our exceptions against their Agreement (or any one of them) irrational, let them choose any 4. men in England, and let Cromwell and Ireton be 2. of them, and take the other 2. where they please, in the whole nation, and we 4. now in prison, will argue the case in reason with them, and if we can agree, there is an end, as to us, and all our interest, but in case we cannot, let them (said we all) choose any 2. members of the House of Commons, and we will choose 2. more, viz. Col. Alex. Rigby, and Col. Henry Martin, to be final umpires betwixt us, and what they, or the major part of them determine, as to us (in relation to an Agreement) and all our interest in the whole land, we will acquiesce in, be content with, and stand to without wavering: and this we conceive to be as rational, just, and fair, as can be offered by any men upon earth: and I for my part, say and protest before the Almighty, I will yet stand to this, and if this will content them, I have done; if not, fall back, fall edge, let them do their worst, I for my part bid defiance to them, assuredly knowing, they can do no more to me, than the devil did to job: for resolved by God's assistance I am, to spend my heart blood against them, if they will not condescend to a just Agreement that may be good for the whole Nation; that so we may have a new and as equal a Representative as may be, chosen by those that have not fought against their freedoms, although I am as desirous the Cavaliers should enjoy the benefit of the Law, for the protection of their persons and estates, as well as myself. I know they have an Army at command, but if every hair on the head of that Officer or Soldier they have at their command, were a legion of men, I would fear them no more than so many straws, for the Lord jehovah is my rock and defence, under the assured shelter of whose wings, I am safe and secure, and therefore will sing and be merry; and do hereby sound an eternal trumpet of defiance to all the men and devils in earth and hell, but only those men that have the image of God in them, and demonstrate it among men, by their just, honest, merciful, and righteous actions. And as for all those vild Actions their saintlike Agents have fixed upon me of late, I know before God none is righteous no not one, but only he that is clothed with the glorious righteousness of jesus Christ, which I assuredly know my soul hath been, and now is clothed with, in the strength of which I have walked for above 12 years together, and through the strength of which, I have been able at any time in all that time, to lay down my life in a quarter of an hours warning. But as to man, I bid defiance to all my Adversaries upon earth, to search my ways and go with a candle, and to lay any one base Action to my charge in any kind whatsoever, since the first day that I visible made profession of the fear of God, which is now above twelve years; yea, I bid defiance to him or them, to proclaim it upon the house to●e, provided he will set his hand to it, and proclaim a public place, where before indifferent men, in the face of the Sun, his accusation may be scanned; yea, I here declare, that if any man or woman in England, either in reference to my public actions, to the State's money, or in reference to my private deal in the world shall come in and prove against me, that ever I defrauded him, or her of twelve pence, and for every twelve pence that I have so done, I will make him or her twenty shillings worth of amends, so far as all the estate I have in the world will extend. Courteous Reader, and dear Countryman, excuse I beseech thee my boasting and glorying, for I am necessitated to it, my adversaries base and lying calumniations putting me upon it, and Paul and Samuel did it before me: and so I am thine, if thou art for the just Freedoms and Liberties of the land of thy Nativity. JOHN LILBURN, that never yet changed his principles from better to worse, nor could never be threatened out of them, nor courted from them, that never feared the rich nor mighty, nor never despised the poor nor needy, but always hath, and hopes by God's goodness to continue, semper idem. From the Tower of London April 3. 1649. Postscript. Courteous Reader, I have much wondered with myself, what should make most of the Preachers in the Anabaptist Congregations so mad at us four, as this day to deliver so base a Petition, in the intention of it against us all four; (who have been as hazardous Sticklers for their particular liberties, as any be in England) and never put a provocation upon them that I know of, especially, considering the most, if not all their Congregations (as from divers of their own members I am informed) protested against their intentions openly in their Congregations, upon the Lord's day last, and I am further certainly informed that the v Petition the Preachers delivered, is not that which was read by themselves amongst the people; but another of their own framing since, which I cannot hear was ever read in any one of their Congregations: So that for the Preachers viz. M. Kiffin, M. Spilsbury, M. Patience, M. Draps, M. Richardson, M. Constant, M. Weighed, the Schoolmaster, etc. to deliver it to the Parliament in the name of their Congregations; they have delivered it a lie and a falsehood, and are a pack of fawning daubing knaves for so doing, but as I understand from one of M. Kiffins members, Kiffin himself did ingenuously confess upon Lord's day last, in his open Congregation, that he was put upon the doing of what he did by some Parliament men, who he perceived were willing and desirous to be rid of us four, so they might come off handsomely without too much loss of credit to themselves: and therefore intended to take a rise from their Petition to free us, and for that end it was, that in their Petition read in the Congregations, after they had sufficiently bespattered us, yet in the conclusion they beg mecy for us; because we had been formerly active for the Public. Secondly, I have been lately told, some of the congregational Preachers are very mad, at a late published and licenced book sold in Pope's head Alley and Cornhill, entitled, The vanity of the present Churches; supposing it to be the Pen of some of our friends, and therefore out of revenge might Petition against us; I confess I have within a few hours seen and read the book, and not before, and must ingenuously confess, it is one of the shrewdest books that ever I read in my life, and do believe it may be possible they may be nettled to the purpose at it; but I wish every honest unbyased man in England would seriously read it over, John Lilburn. April 4. 1649. The Proceed of the Council of State against Richard Overton, now prisoner in the Tower of London. UPon the twenty vl of March 1649, a party of Horse and Foot commanded by Lieut. Colonel Axtel (a man highly pretending to religion,) came betwixt five and six of the morning to the house where I then lodged, in that hostile manner to apprehend me, as by the sequel appeared. But now, to give an account of the particular circumstances attending that action, may seem frivolous, as to the Public; but in regard the Lieutenant Colonel was pleased so far to outstrip the the capacity of a Saint, as to betake himself to the venomed Arrows of lying calumnies and reproaches, to wound (through my sides) the too much forsaken cause of the poor oppressed people of this long wasted Commonwealth: like as it hath been the practice of all perfidious Tyrants in all ages. I shall therefore trouble the Reader with the rehearsal of all the the occurrant circumstances which attended his apprehension of me, that the world may clearly judge betwixt us. And what I here deliver from my pen as touching this matter, I do deliver it to be set upon the Record of my account, as I will answer it at the dreadful day of judgement, when the secrets of all hearts shall be opened, and every one receive according to his deeds done in the flesh: and God so dead with me at that day, as in this thing I speak the truth: And if the rankorous spirits of men will not be satisfied therewith, I have no more to say but this, to commit myself to God in the joyful rest of a good conscience, and not value what insatiable envy can suggest against me. Thus then to the business itself. In the House where I than lodged that night there lived three families, one of the Gentlemen being my very good friend, with whom all that night he and I only lay in bed together, and his Wife and child lay in another bed by themselves: and when they knocked at the door, the Gentleman was up and ready, and his Wife also, for she risen before him, and was suckling her child: and I was also up, but was not completely dressed; And of this the Gentleman himself (her Husband) hath taken his oath before one of the Masters of the Chancery. And we three were together in a Chamber discoursing, he and I intending about our business immediately to go abroad, and hearing them knock, I said, Yonder they are come for me. Whereupon, some books that lay upon the table in the room, were thrown into the beds betwixt the sheets (and the books were all the persons he found there in the beds, except he took us for printed papers, and then there were many;) and the Gentleman went down to go to the door; and as soon as the books were cast a to-side, I went to put on my boots; and before the Gentleman could get down the stairs, a girl of the house had opened the door, and let them in, and so meeting the Gentleman upon the stairs, Axtel commanded some of the soldiers to seize upon him, and take him into custody, and not suffer him to come up: And I hearing a voice from below, that one would speak with me, I went to the chamber door (it being open) and immediately appeared a Musketier (Corporal Neaves, as I take it) and he asked me if my name were not Mr. Overton: I answered, it was Overton; and so I sat me down upon the bed side to pull on my other boot, as if I had but new risen, the better to shelter the books; and that Corporal was the first man that entered into the chamber, and after him one or two more, and then followed the Lieutenant Colonel; and the Corporal told me, I was the man they were come for, and bade me make me ready: and the Lieutenant Colonel when he came in, asked me how I did, and told me, they would use me civilly, and bid me put on my boots, and I should have time enough to make me ready: And immediately upon this the Lieutenant Colonel began to abuse me with scandalous language, and asked me, if the Gentlewoman who then sat suckling her child, were not one of my wives, and averred that she and I lay together that night. Then the Gentleman hearing his Wife called Whore, and abused so shamefully, got from the soldiers, and ran up stairs; and coming into the room where we were, he taxed the Lieutenant Colonel for abusing of his Wife and me, and told him, that he and I lay together that night: But the Lieutenant Colonel, out of that little discretion he had about him, took the Gentleman by the hand, saying, How dost thou, brether Cuckold? using other shameful ignorant and abusive language, not worthy repeating. Well, upon this his attempt thus to make me his prisoner, I demanded his Warrant; and he shown me a Warrant from the Council of State, with Mr. Bradshaw's hand to it, and with the Broad Seal of England to it, (as he called it) to apprehend Lieutenant Colonel Lilburn, Mr. Walwine, Mr. Prince, and myself, wherever they could find us. And as soon as I was dressed, he commanded the Musketeers to take me away; and as soon as I was down stairs, he remanded me back again into the chamber where he took me, and then told me, he must search the house, and commanded the trunks to be opened, or they should be broken open: and commanded one of the soldiers to search my pockets. I demanded his Warrant for that: He told me, he had a Warrant, I had seen it. I answered, That was for the apprehension of my person; and bid him show his Warrant for searching my pockets, and the house: and according to my best remembrance, he replied, He should have a Warrant. So little respect had he to Law, Justice, and Reason; and vi & armis, right or wrong, they fell to work, (inconsiderately devolving all law, right, and freedom betwixt man and man into their Sword, for the consequence of it extend, from one to all) and his party farmed Horse and Foot (joined to his over-hairy exorbitant will) was his irresistible Warrant: And so they searched my pockets, and took all they found in them, my money excepted, and searched the trunks, chests, beds, etc. And the Lieutenant Colonel went into the next chamber, where lived an honest Soldier (one of the Lieutenant General's Regiment) and his wife, and took away his sword, and vilified the Gentleman and his wife, as if she had be a his whore, and took him prisoner for lying with a woman, as he said. He also went up to the Gentleman who lets out the rooms, and cast the like impurations upon his wife, as also upon a Maid that lives in the house, and gave it out in the Court and Street, amongst the soldiers and neighbours that it was a Bawdy-house, and that all the women that lived in it were whores, and that he had taken me in bed with another man's Wife. Well, he having ransacked the house, found many books in the beds, and taken away all such writings, papers, and books, of what sort or kind soever, that he could find, and given them to the soldiers, (amongst which he took away certain papers which were my former Meditations upon the works of the Creation, entitled, God Word confirmed by his Works; wherein I endeavoured the probation of a God, a Creation, a State of Innocence, a Fall, a Resurrection, a Restorer, a Day of Judgement, etc. barely from the consideration of things visible and created: and these papers I reserved to perfect and publish as soon as I could have any rest from the turmoils of this troubled Commonwealth: and for the loss of those papers I am only troubled: all that I desire of my enemy's hands, is but the restitution of those papers, that becomes of me, they may not be buried in oblivion, for they may prove useful to many.) Well, when the Lieutenant Colonel had thus far mistaken himself, his Religion and Reason thus unworthily to abuse me and the household in that scandalous nature, unbeseeming the part of a Gentleman, a Soldier, or a Christian (all which titles he claimeth) and had transgressed the limits of his Authority, by searching, ransacking, plundering, and taking away what he pleased, he marched me in the head of his party to Paul's Churchyard, and by the way commanded the soldiers to lead me by the arm; and from thence, with a guard of three Companies of Foot, and a party of Horse, they forced me to Whitehall; and the soldiers carried the books some upon their Muskets, some under their arms: but by the way (upon our march) the Corporal that first entered the room (whose word in that respect is more valuable than Axtels) confessed unto me (in the audience of the Soldier they took also with them from the place of my lodging) that the Lieutenant Colonel had dealt uncivilly and unworthily with me, and that there was no such matter of taking me in bed with an other woman, etc. And this the said soldier will depose upon his oath. When I came to Whitehall, I was delivered into the hands of Adjutant General Stubber, where I found my worthy friends Lieutenant Colonel, John Lilburn, Mr. Wallwin, and Mr. Prince in the same captivity under the Martial usurpation: and after I had been there a while, upon the motion of Lieutenant Colonel Lilburne, that Lieutenant Colonel Axstell, and I might be brought face to face about the matter of scandal that was raised, he coming there unto us, and questioned about the report he had given out, there averd, that he took me a bed with an other man's wife; and being asked if he saw us actually in bed together, he answered, we were both in the Chamber together, and the woman had scarce got on her coats, (which was a notorious untruth) and she sa●e suckling of her child, and from these circumstances he did believe we did lie together, and that he spoke according to his conscience what he believed. These were his words, or to the like effect, to which I replied, as a . But how short this was of a man pretending so much conscience and sanctity as he doth I leave to all unprejudiced people to judge: it is no point of Christian faith (to which is so great a pretender) to foment a lie for a wicked end, and then to plead it his belief and conscience, for the easier credence of his malicious aspersion: but though the words belief and Conscience be too specious Evangelicall terms, not truly conscientious person will say they are to be used, or rather abused to such evil ends. Well in that company I having taxed him for searching my pockets, and without warrant, he answered; that because I was so base a fellow, he did what he could to destroy me. And then the better to make up the measure of the reproach he had raised, he told us, it was now an opinion amongst us to have community of women; I desired him to name one of that opinion, he answered me, It may be I was of that opinion, and I told him, it may be he was of that opinion, and that my may be was a good as his May be: whereupon he replied, that I was a sawsy fellow. Surely the Lieutenant Colonel at that instant had forgot the Bugget from whence he dropped, I presume when he was a pedlar in Harsord-shire he had not so lofty an esteem of himself, but now the case is altered, the Gentleman is become one of the Grandees of the Royal palace: one of the (mo●k●) Saints in season, now judging the Earth, inspired with providence and oppertunities at pleasure of their own invention as quick and as nimble as an Hocas Spocas, or a Piend in a Juggler's Box, they are not flesh and blood, as are the wicked, they are all spiritual, all heavenly, the pure Chameleons of the time, they are this or that or what you please, in a trice, in a twinkling of an eye; there is no form, no shape that you can fancy among men, into which their Spirituallities are not changeable at pleasure; but for the most part, these holy men present themselves in the perfect figure of Angels of light, of so artificial resemblance, enough to deceive the very Elect if possible, that when they are entered their Sanctum Sanctorum, their holy convocation at Whitehall, they then seem no other than a choir of Arch-Angels, of Cherubins and Seraphims, chanting their fals-holy Halelujaes of victory over the people, having put all principalities and powers under their feet, and the Kingdom and dominion and the greatness of the Kingdom is theirs, and all Dominions, even all the people shall serve and obey them, [excuse me, it is but their own Counterfeit Dialect, under which their pernicious hypocrisy is vailed that I retort into their bosoms, that you may know them within and without, not that I have any intention of reflection upon holy writ] and now these men of Jerusalem (as I may term them) those painted Sepulchers of Zion after their long conjuring together of providences, opportunities and seasons one after another, dressed out to the people in the sacred shape of God's Time, (as after the language of their new fangled Saintships I may speak it) they have brought their seasons to perfection, even to the Season of Seasons, now to rest themselves in the large and full enjoyment of the creature for a time, two times and half a time, resolving now to ware out the true asserters of the people's freedom, and to change the time and laws to their exorbitant ambition and will; while all their promises, declarations and engagements to the people must be nulled and made Ciphers, and cast aside as waste paper, as unworthy the fulfilment, or once the remembrance of those Gentlemen, those magnificent stems of our new upstart Nobility, for now it is not with them as in the days of their engagement at New-market and Tripl●e heath, but as it was in the days of old with corrupt persons, so is it in ours, Tempora mutantur—. But to proceed to the story: the Lieutenant Colonel did not only show his weakness, (or rather his iniquity) in his dealing with me, but he converts the aforesaid Soldier of Lieutenant General's Regiment before divers of the Officers at Whitehall, and there he renders the reason wherefore he made him a prisoner, because said he, he takes overton's part, for he came and asked him how he did, and bid him be of good comfort, and he lay last night with a woman: To which he answered It is true, but the woman was my wife, than they proceeded to ask, when they were married, and how they should know she was his wife, and he told them where and when, but that was not enough, they told him, he must get a Certificate from his Captain that he was married to her and then he should have his liberty. Friends and Countrymen, where are you now? what shall you do that have no Captains to give you Certificates? sure you must have the banes of Matrimony re-asked at the Conventicle of Gallants at Whitehall, or at least you must thence have a congregational Licence, (without offence be it spoken to true Churches) to lie with your wives, else how shall your wives be chaste or the children Legitimate? they have now taken Cognizance over your wives and beds, whether will they next? Judgement is now come into the hand of the armed-fury Saints. My Masters have a care what you do, or how you look upon your wives, for the new-Saints militant are paramount all Laws, King, Parliament, husbands, wives, beds, etc. But to let that pass. Towards the evening we were sent for, to go before the Counsel of State at Darby-house, and after Lieutenant Colonel John Lilburne, and Mr. Wallwine had been before them, than I was called in, and Mr. Bradshaw spoke to me, to this effect. Master Overton, the Parliament hath seen a Book, Entitled, The Second Part of England's New-Chains Discovered, and hath passed several Votes thereupon, and hath given Order to the Council to make inquiry after the Authors and Publishers thereof, and proceed upon them as they see Cause, and to make a return thereof unto the House: And thereupon he Commanded Mr. Frost their Secretary to read over the said Votes unto me, which were to this purpose, as hath since been publicly proclaimed: Die Martis, 27 Martis, 1649. THe House being informed of a Scandalous and Seditius Book Printed, entitled, The Second Part of England's New-Chains Discovered. The said Book was this day read. REsolved upon the Question by the Commons assembled in Parliament, That this printed Paper, entitled, The Second Part of England's New-Chains Discovered etc. doth cont●in most false, scandalous, and reproachful matter, and is highly Seditious and Destructive to the present Government, as it is now Declared and settled by Parliament, tends to Division and Mutiny in the Army, and the raising of a New War in the Commonwealth, and to hinder the present Relief of Ireland, and to the continuing of Freequarter: And this House doth further Declare, That the Authors, Contrivers, and Framers of the said Papers, are guilty of High Treason, and shall be proceeded against as Traitors; And that all Persons whatsoever, that shall join with, or adhere unto, and hereafter voluntarily Aid or Assist the Authors, Framers, and Contrivers of the aforesaid Paper, in the prosecution thereof, shall be esteemed as Traitors to the Commonwealth, and be proceeded against accordingly. Then Mr. Bradshaw spoke to me much after this effect, Master Overton, this Council having received Information, That you had a hand in the Contriving and Publishing of this Book, sent for you by their Warrant to come before them; Besides, they are informed of other Circumstances at your Apprehension against you, That there were divers of the Books found about you. Now Mr. Overton, if you will make any Answer thereunto, you have your Liberty. To which I answered in these words, or to the like effect: Sir, what Title to give you, or distinguish you by, I know not; Indeed, I confess I have heard by common report, that you go under the name of a Council of State; but for my part, what you are I cannot well tell; but this I know, that had you (as you pretend) a just authority from the Parliament, yet were not your Authority valuable or binding, till solemnly proclaimed to the people: so that for my part, in regard you were pleased thus violently to bring me before you, I shall humbly crave at your hands, the production of your Authority, that I may know what it is, for my better information how to demean myself. Presid.] Mr. Overton, We are satisfied in our Authority. Ric. Overt.] Sir, if I may not know it, however I humbly desire, that I may be delivered from under the force of the Military power; for having a natural and legal title to the Rights of an Englishman, I shall desire that I may have the benefit of the Law of England, (which Law taketh no cognizance of the Sword). And in case you or any man pretend matter of crime against me, in order to a trial, I desire I may be resigned up to the Civil Magistrate, and recceive a free and legal trial in some ordinary Court of Justice, according to the known Law of the Land; that if I be found a transgressor of any established declared Law of England, on God's name let me suffer the penalty of that Law. Further, Sir, In case I must still be detained a prisoner, it is my earnest desire, that I may be disposed to some prison under the jurisdiction and custody of the Civil Authority: For, as for my own part, I cannot in conscience (to the common right of the people) submit myself in any wise to the trial or custody of the Sword; for I am no Soldier, neither hath the Army any Authority over me, I own them neither duty nor obedience they are no Sheriffs, Justices, Bailiff, Constables, or other Civil Magistrates: So that I cannot, neither will I submit unto their power, but must take the boldness to protest against it. Presid. Mr. Overton, If this be your Answer, you may withdraw. R. Overt. Sir, I humbly desire a word or two more. Lieut. Gen. Let him have liberty. Presid. Mr. Overton, You may speak on. R. Over. Gentlemen, for future peace and security sake, I shall humbly desire to offer this unto your consideration; namely, that if you think it meet; That you would choose any four men in England, pick and choose where you please; and we (for my part, I speak it freely in my own behalf, and I think I may say as much in theirs) shall endeavour to the utmost of our power by a fair and moderate Discourse, to give the best account and satisfaction concerning the matter of difference betwixt us, that we can, that if possible, peace and agreement may be made: And this, after the weakness of my small understanding, I judge to be a fair and reasonable way: if you shall be pleased to accept of it, you may; if not, you may use your pleasure; I am in your hand, do with me as you think good, I am not able to hinder you. Presid. Mr. Overton, If this be all you have to say, withdraw. R. Overt. Sir, I have said. So I was commanded into a little withdrawing room close by the Council; and I supposed they would have taken my motion into consideration: But after I had been there a while, I was ordered to the Room again, where Lieut. Col. Lilburn, Mr. Walwins, etc. were. And now that it may be clear unto the whole world, that we hearty desire the prevention and cessation of all differences and divisions that may be bred and break forth in the Land, to the hazard, if not actual imbroilment thereof in a new exundation of blood in the prosecution of this controversy, we do freely from the heart (that heaven and earth may bear witness betwixt our integrity to the peace of the Commonwealth, and their deal with us) make this proffer as to be known to the whole world; that we (in the first place I may best speak for myself; and I so far know the minds of Lieutenant Col. John Lilburn, Mr. Walwine, and Mr. Prince, that I may as freely speak it in their behalves) will, by the Assistance of God, give any four men in England that they shall choose (although the Lieutenant General, and the Commissary General be two of them) a free and moderate debate (if they shall think it no scorn) touching all matters of difference betwixt us, as to the business of the Commonwealth (for therein doth consist the controversy betwixt us) that if possibly, new flames and combustions may be quenched, and a thorough and an hearty composure be made betwixt us, upon the grounds of an equal and just Government. And that the business may be brought to a certain issue betwixt us, let them, if they please, choose two Umpires out of the House, or elsewhere, and we will choose two; and for our parts, we shall stand to the free determination or sentence, that these four, or any three of them shall pass betwixt us. Or else, if they please but to centre upon The Agreement of the People, with amendments according to our late sad Apprehensions, presented to the House upon the 26 of February 1648, for our parts, we shall seal a Contract of: Oblivion for all bypast matters, relating either to good name, life, liberty or estate; saving of making Account for the public moneys of the Commonwealth: And in such an Agreement we will centre, to live and die with them in the prosecution thereof. And if this be not a fair and peaceable motion, let all well-minded people judge. But if nothing will satisfy them but our blood, we shall not (through the might of God) be sparing of that, to give witness to the Right and Freedom of this Commonwealth against their Usurpation and Tyranny; but let them know this, That Building hath a bad Foundation that is laid in the blood of honest men, such as their own knowledge and consciences bear them record, are faithful to the common interest and safety of the People: out of our ashes may possibly arise their destruction. This I know, God is just, and he will repay the blood of the innocent upon the head of the Tyrant. But to return to the Narrative. After some small space that we had all been before them, we were called in again; first, Lieut. Col. John Lilburn, than Mr. Walwine, and then myself: And coming before them the second time, Mr. Bradshaw, spoke to this effect: Presid. Mr. Overton, The Council hath taken your Answer into consideration, and they are to discharge their duty to the Parliament, who hath ordered them to make enquiry after the Book, entitled, The second part of England's new Chains, etc. and thereof they are to give an account to the House: And the Council hath ordered me to put this question unto you, Whether you had an hand in the contriving or publishing this Book, or no? R. Overt. Sir, I well remember, that since you cut off the King's head, you declared (or at least the Parliament, from whence you pretend the derivation of your Authority) that you would maintain the known fundamental Laws of the Land, and preserve them inviolable, that the meanest member of this Common wealth, with the greatest, might freely and fully enjoy the absolute benefit thereof. Now Gentlemen, it is well known, and that unto yourselves, that in cases criminal, as now you pretend against me, it is against the fundamental Laws of this Commonwealth to proceed against any man by way of Interrogatories against himself, as you do against me▪ and I believe (Gentlemen) were you in our cases, you would not be willing to be so served you selves; (what you would have other men do unto you, that do you unto them.) So that for my part, gentlemans, I do utterly refuse to make answer unto any thing in in relation to my own person, or any man or men under heaven; but do humbly desire, that if you intent by way of Charge to proceed to any Trial of me, that it may be (as before I desired at your hands) by the known established Law of England, in some ordinary Court of Justice appointed for such cases (extraordinary ways being never to be used, but abominated, where ordinary ways may be had) and I shall freely submit to what can be legally made good against me. But I desire that in the mean time you would be pleased to take notice, that though in your eye I seem so highly criminal, as by those Votes you pretend; yet am I guilty of nothing, not of this paper, entitled, The second part of England's new Chains, in case I had never so much an hand in it, till it be legally proved: for the Law looketh upon no man to be guilty of any crime, till by law he be convicted; so that, I cannot esteem myself guilty of any thing, till by the Law you have made the same good against me. And further Sir, I desire you to take notice, that I cannot be guilty of the transgression of any Law, before that Law be in being a it is impossible to offend that which is not; Where there is no Law there is no Transgression: Now, those Votes on which you proceed against me are but of yesterday being; so that, had I an hand in that Book whereof you accuse me, provided it were before those Votes, you cannot render me guilty by those Votes: If I had done any thing in it, since the Votes (provided you had solemnly proclaimed the same) than you might have had some colour to have proceeded against me: but I have but newly heard the Votes, and since that you know I could do nothing. Presid. Mr. Overton, I would correct your judgement in one thing▪ We are not upon any Trial of you; we are only upon the discharge of our duty, and that trust committed unto us by the Parliament, to make enquiry after the authors, contrivers and framers of the Books and having information against yourself and your Comrades, we sent for you, and are to return your Answer to the House, howsoever you dispute their Authority. R. Overt. Dispute their Authority, Sir I That's but your supposition, and supposition is no proof. And Sir, as you say, you are to discharge your duty, so must I discharge mine. And as for matter of trial, I am sure you tax me in a criminal way, and proceed to question me thereupon. But Sir, I conceive it my duty to answer to none of your Questions in that nature, and therefore shall utterly refuse. Now Gentlemen, I desire you to take notice, that I do not oppose you as you are members of the Commonwealth; for it is well known, and I think to some here, that I have ever been an opposer of oppression and tyranny, even from the days of the Bishops to this present time; and the † viz. Arraignment of Persecution. Ordinance of Tithes Dismounted. The Game at Scotch and English, etc. Books that I have writ and published do in some measure bear witness thereof, and it is well known, that my practice hath ever been answerable thereunto. I suppose no man can accuse me, but that I have opposed Tyranny wherever I found it: It is all one to me under what name or title soever oppression be exercised, whether under the name of King, Parliament, Council of State, under the name of this, or that, or any thing else; For tyranny and oppression is tyranny and oppression to me wherever I find it, and wherever I find it I shall oppose it, without respect of persons. I know I am mortal and finite, and by the course of nature my days must have a period, how soon I know not; and the most you can do, it is but to proceed to life; and for my part, I had rather die in the just vindication of the cause of the poor oppressed people of this Commonwealth, then to die in my bed; and the sooner it is, the welcomer, I care not if it were at this instant, for I value not what you can do unto me. But Gentlemen, I humbly desire yet a word or two. I confess, I did not expect so much civility at your hands as I have found, and for the same I return you hearty thanks. Now whereas you commonly say, That we will have no Bottom, centre not where, and do tax us by the Votes you read unto me, of destruction to the present Government, division and mutiny in the Army, etc. But here I do profess unto you, as in the presence of the allseeing God before whom one day I must give an account of all my actions, That in case you will but conclude upon an equal and just Government by way of an Agreement of the People, as was honourably begun by the General Officers of the Army; and but free that Article in it which concerns the liberty of God's Worship from the vexatious entanglements and contradictions that are in it, that so conscientious people might freely (without any fear of an insulting Clergy) live quietly and peaceably in the enjoyment of their consciences; As also to add unto it a Bar against Regality, and the House of Lords; As also to make provision in it against the most weighty oppressions of the Land; that thereby they may be utterly removed, and for the future prevented, and the people settled in freedom and safety: And then, for my part, neither hand, foot, pen, tongue, mouth or breath of mine shall move against you; but I shall with my utmost power, with hand, heart, life and blood, assist you in the prosecution thereof, and therein centre. Try me, and if I fail of my word, then let me suffer. Presid. Mr. Overton, If you have no more to say, you may withdraw. R. Overt. Sir, I humbly crave the further addition of a word or two. Gentlemen, I desire (as I did before) that I may (according to the common right of the people of England) be forthwith freed from under the power of the Sword, and be delivered into the hands of the Civil Magistrate, in case I shall be still detained a prisoner; for I am so much against the intrusion of the Military power into the feat of the Magistrate, that I had rather you would fetter me legs and hands, and tie me neck and heels together, and throw me into a Dungeon, and not allow me so much as the benefit of bread and water till I be starved to death, than I would accept of the best Downe-bed in England, with suitable accommodation, under the custody of the Sword. Precedent. Mr. Overton, I would correct your Judgement a little, you are not under the Military power, but under the Civil authority; for by the Authority of Parliament this Counsel by their Warrant hath sent for you. R. Overton. Sir, it is confessed, that pro forma tantum, for matter of Form, ink or paper, I am under the Civil Authority, but essentially and really, I am under the Martial power; for that Warrant by which I was taken, was executed upon me by the Military power, by a Party of Horse, and divers Companies of Foot in Arms, and in that Hostile manner (like a prisoner of War) I was led Captive to Whitehal, and there ever since, till commanded hither, I was kept amongst the Soldiers, and I am still under the same force: Besides, Sir, these men are mere Soldiers, no Officers of the Magistracy of England, they brought no Warrant to me from any Justice of Peace, neither did carry me before any Justice of Peace, but seized on me, and kept me by their own force: Therefore it is evident and clear to me, That I am not under the Civil, but the Martial power. Precedent. Master Overton, If this be your Answer, you may withdraw. R. Overton. Sir, I have said. And so I was conducted to the Room where they had disposed Lieutenant Col. Lilburne and Mr. Walwine: And the next news we heard from them, was, of our Commitment to the Tower, and Master Prince and I were joined as yoak-fellows in one Warrant; a Copy whereof is as followeth; THese are to will and require you, to receive herewith into your Custody the Persons of Master Richard Overton, and Master Thomas Prince, and them safely to keep in your prison of the Tower of London, until you receive further Order: They being Committed to you upon suspicion of High Treason; of which you are not to fail; and for which this shall be your Warrant: Given at the Council of State at Darby-House this Twenty eighth day of March, 1649. Signed in the Name, and by the Order of the Council of State, appointed by Authority of Parliament. Jo. Bradshaw Precedent. To the Lieutenant of the Tower. Thus all un-interested, unprejudiced persons, (who measure things as they are in themselves, having nothing in admiration with respect of persons, who simply and sincerely mind the freedom and prosperity of the Commonwealth) may clearly see, as in a Glass, by this taste of Aristocratical Tyranny towards us, a perfect and lively resemblance of the Council of State; Ex pede Leonem, you may know a Lion by his foot, or a Bear by his paw: by this you may see their nature and kind, what and from whence they are, and whether they tend, by this line you may measure the height depth and breath of their new Architecture of State, and by making our case but yours, you will find yourselves new fettered in chains, such as never England knew or tasted before; that you may (truly if you will but measure it in the consequence thereof,) break forth and cry out, Their little finger is thicker than our Father's loins; our Fathers made our yoke heavy, but these add unto our yoke; our Fathers chastised us with whips, but these chastise us with Scorpions. Who would have thought in the days of their glorious pretences for Freedom, in the days of their Engagements, Declarations and Remonstrances, while they were the hope of the oppressed, the joy of the righteous, and had the mighty confluence of all the afflicted and well-minded people of the Land about them, (I principally reflect upon the Victors of the times) I say, who would have thought to have heard, seen, or felt such things from their hands as we have done? Who would have thought such glorious and hopeful beginnings should have vanished into Tyranny? Who would have thought to have seen those men end in the persecution and imprisonment of persons whom their own Consciences tell them, to be men of known integrity to the Commonwealth; and which is so evident and demonstrative, that thousands in this Nation can bear Record thereof; and that those men should be so devilish, so tyrannical and arbitrary, as after their imprisonment, to rake hell, and skim the Devil, to conjure out matter of Charge or accusation against them, that they might have their blood, as in our case they have done, sending abroad their bloodhounds to search and pry out in every corner, what could be made out against us, going up and down like roaring Lions seeking how they might devour us; one offering Mistress Prince her Husband's liberty, and the 1000 l. they own him, if he will but discover what he knoweth (as they are pleased to imagine) against us; and not only so, but some Members of the House (as Mr. Kiffin confessed in respect of himself) negotiate with the principal Leaders of several Congregations of religious people about the Town, to promote a petition, which was no other but in order to their bloody design against us; that those conscientious people (surprised by their fraudulent suggestions and craft) might (not truly understanding the business) appear in the dis-ownment and discountenance of us; and in the approbation and furtherance of the prosecuters of their bloody Votes of High-Treason, intentionally breathed out against us: for could they by their delusions over-whelm us once in the odium of religious people; with the venomous contagion of their malicious clamours, bugbears, reproaches and lies, beget us under the Anathema of the Churches, than they think they may with ease and applause cut us off; for that's the venom lieth under the leaf, how finely soever they zeal it over; that so our friends and brethren (thus surprised and overtaken) may become our Butchers, and think they do God and their Country good service while they slay us; but let them beware how they contract the guilt of our blood upon their heads; for assuredly the blood of the Innocent will be upon them, and God will repay it; I speak not this to beg their mercy, I abhor it, I bid defiance to what all the men and devils in earth or hell can do against me in the discharge of my understanding and Conscience for the good of this Commonwealth; for I know my Redeemer liveth, and that after this life I shall be restored to life and Immortality, and receive according to the innocency and uprightness of my heart: Otherwise, I tell you plainly. I would not thus put my life and well-being in jeopardy, and expose myself to those extremities and necessities that I do; I would creaturize, be this or that or any thing else, as were the times, eat, drink, and take my pleasure; turn Judas or any thing to flatter great men for promotion: but blessed be the God of Heaven and Earth, he hath given me a better heart, and better understanding. But to proceed; That which is most to our astonishment, we understand of a truth, That Master Kiffin (to whose Congregation my backfriend A●tel is a retainer) Master Spilsbury, Master Patience (who vilified the Book entitled, The Second Part of England's New Chains, and yet confessed be never saw it or heard it read, as by evidence can be made good) Mr. Fountain, Mr. Drapes, Mr. RICHARDSON, Mr. Couset, Mr. Tomlins, and Mr Wade the Scholmaster became their Pursuevants or bloodhounds, to hunt us to the Bar of the House of Commons with a Petition (most evidently and clearly in pursuance of our blood) Entitled, The humble Petition and Representation of the several Churches of God in London, commonly (though falsely) called Anabaptists, April 2. 1649. tacitly and curiously in a most Religious vail pointing at, and reflecting upon us, as Interrupters of the Setlement of the Liberty and Freedom of this Commonwealth; heady, highminded, unruly disobedient, presumptuous, self willed, contemners of Rulers, Dignities and Civil Government, whoremasters, drunkares, cheaters, etc. as if it were not with those men, as with the Publican and Sinner, dis-owning the Book entitled, The Second Part, etc. which at that juncture of time, all circumstances duly weighed, was an absolute justification of those Votes of High Treason, and of prosecution against us as Traitors, for the tendency of those Votes were vented at us, and that their own knowledge and Consciences tells them to be true, so that they could have done no more in Order to our blood, than what they did in that matter, so as to ●and it of fairly and covertly preserving to themselves the reputation of the Churches of God: and to add unto their impiety against us, they juggle with the Churches, present it in the name of the Churches of God in London called Anabaptists, and in their names Remonstrate that they (meaning the Churches, as by the title they speak) neither had nor have heart nor hand in the framing, contriving, abetting, or promoting of the said Paper, which though read in several of our public Meetings, we do solemnly profess, it was without our consent, being there openly opposed by us. Notwithstanding it is notoriously evident, That the generality of the People Dissented from their Petition against us; and as upon good intelligence I am informed, They had scarce ten in some Congregations to sign it, in some not above 2 or 3, in some none; and in the main they had not the Tithe of the people; and yet those men like a Consistory of Bishops, a Synod of Presbyters, or a New-England Classis, presume upon the Assumption of the name of Several Churches of God, as if to themselves they had purchased the Monopoly or Patent thereof, or as if the persons of Mr. Kiffin, Mr. Patience, etc. were so many several Churches, (hence sprang the papal, Prelatical, and Presbyterial Supremacy over the Consciences of people) and therefore it behoveth the people to have a care of their Leaders. We have had the name of King, the name of Parliament, the name of the Army, etc. surprised, abused, and usurped against us by the hand of our exorbitant enemies; but never before, the name of Several Churches of God, and those styled Anabaptists; Hear O Heavens, and judge O Earth! Was there ever the like Fact attempted or perpetrated amongst the Churches of God? such wickedness is not once to be named amongst them: And I do not doubt but the well-minded Christian people of those several Churches presented by that Petition, will vindicate themselves from the Aspersion thereby laid upon them; For I cannot believe till I see it, That those people would do any thing, or own any thing that might but so much as seemingly tend to our blood, or our imprisonment; I am confident they abhor it● And they cannot in Conscience do less then to disavow that Bloody Petition (as to its tendency against us) and till they do it, they will be sharers in the public guilt of our imprisonment, yea, and of our Blood, for (however God may divert the wicked purposes of men) that Petition is guilty of our Blood. I confess, for my part, I am a man full of Sin, and personal Infirmities, and in that Relation I will not take upon me to clear or justify myself; but as for my Integrity and uprightness to the Common wealth, to whatsoever my understanding tells me is for the good of mankind, for the safety, freedom, and tranquillity of my Country, happiness and prosperity of my Neighbours, to do to my neighbour as I would be done by, and for the freedom and protection of Religious people. I say as to those things, (according to the weak measure of my understanding and judgement) I know my integrity to be such, that I shall freely (in the might of God) sacrifice my life to give witness thereunto; and upon that Account I am now in Bonds, a protestor against the Aristocratical Tyranny of the Counsel of State, scorning their Mercy, and bidding defiance to their Cruelty, had they ten millions more of Armies, & Cromwel's to perpetrate their inhumanities' upon me; for I know they can pass but to this life, when they have done that, they can do no more; and in this case of mine, he that will save his life shall lose it; I know my life is hid in Christ, and if upon this account I must yield it, Welcome, welcome, welcome by the grace of God. And as for those reproaches and scandals like the smoke of the bottomless pit that are fomented against me; whereby too many zealous tender spirited people are prejudiced against my person, ready to abhor the thing I do, though never so good, for my person sake; I desire such to remove their eyes from persons to things: if the thing I do be good, it is of God; and so look upon it, and not upon me, and so they shall be sure not to mistake themselves, nor to wrong me: And I further desire such to consider, That tales, rumours, slander, backbitings, lies, scandals &c. tossed up and down like clouds with the wind, are not the fruits of the Spirit, neither are they weapons of God's warfare, they are of the devil and corruption, and betray in the users of them an evil mind: It is a certain badge of a Deceiver to take up whispering and tales of men's personal failings to 〈◊〉 them to the cause those person's 〈◊〉, by such means to gain advantage) upon them. Consider whether the things I hold forth and profess as in relation to the Commonwealth, be not for the good of mankind, and the preservation of God's people and if they be, my personal failings are not to be reckoned as a counter-balance against them. As I am in myself in respect to my own personal sins and transgressions; so I am to myself and to God, and so I must give an account; the just must stand by his own faith: But as I am in relation to the Commonwealth, that all men have cognizance of, because it concerns their own particular lives, livelihoods and beings, as well as my own; and my failings and evils in that respect I yield up to the cognizance of all men, to be righteously used against me. So that the business is, not how great a sinner I am, but how faithful and real to the Commonwealth; that's the matter concerneth my neighbour, and whereof my neighbour is only in this public Controversy to take notice; and for my personal sins that are not of Civil cognizance or wrong unto him, to leave them to God, whose judgement is righteous and just. And till persons professing Religion be brought to this sound temper, they fall for short of Christianity; the spirit of love, brotherly charity, doing to all men as they would be done by, is not in them; without which they are but as a sounding brass, and a tinkling cymbal, a whited wall, rottenness and corruption, let their ceremonial formal practice of Religion be never so Angellike or specious. There is a great noise of my sins and iniquities: but which of my Aspersers' Ox or Ass have I stolen? which of them have I wronged the value of a farthing? They tax me with filthiness, and strange impieties; but which amongst them is innocent? he that is innocent, let him throw the first stone; otherwise let him lay his hand on his mouth: I have heard of as odious failings, even of the same nature whereof they tax me (and it may be, upon better evidence) amongst them, laid open to me, even of the highest in present power, as well as amongst eminent persons in Churches; which I ever have counted unworthy to be used as an engine against them in the Controversy of the Commonwealth: But if they will not be quiet, I shall be forced, in honour to my own reputation, to open the Cabinet of my Aspersers infirmities, that the world may see what sort of men they are that say unto others thou shalt not steal and steal themselves: I shall be 〈◊〉 to informed to it; 〈…〉 〈◊〉, necessity 〈◊〉 law, I shall (as Mr. 〈…〉 to Mr. Edward's, if he would not be quiet) make all their reputations as a stinking carcase. And although they think they have such firm matters against me, let them not be too hasty to pursue me with reproach any further, lest it recoil with a vengeance upon themselves: for it is an old and a true saying, One tale is good till another be told. Therefore let no man judge before the time, lest he be judged; for I am able to vindicate myself to all rational men, as clear as the Sun at noon day, in what I have done. Much I might have said as in relation to the illegality of our Apprehension, Commitment, etc. But for the present I shall omit it to further opportunity, or the engagement of some more abler pen: And so I shall commit myself and my ways to God alone, with cheerfulness and alacrity of spirit, rejoicing that he hath counted me worthy to bear witness once more against the Oppressors of the People, and to suffer for the sake of the poor, against the insulting tyrants of the times. Richard Overton. From my Aristocratical Captivity in the Tower of London; April 4, 1649. Dulce est pro Patria mori. Postscript. COurteous Reader, for thy better satisfaction concerning the infamous scandal raised by Lieutenant Colonel Axtel upon me, I thought meet to subjoin hereunto a Copy of an Affidavit concerning the Matter: But I have forborn the publishing of the Deponents name in print, upon his own desire; Yet those of my friends who are desirous, I shall be ready to show unto them the Original Copy: A transcript whereof is as followeth. A. B. of the Parish of St. Anne Aldersgate, Citizen and Pewterer of London, aged thirty six years or thereabouts, maketh Oath, That whereas Lieutenant Colonel Axtel, upon his Apprehending of Mr. Richard Overton, upon Wednesday, between five and six of the clock in the morning, being the twenty ninth of March last passed, 1649, by an Order from the Council of State, did raise and make a Report, that he took the said Mr. Overton in bed with this Deponents Wife, that That Report was and is altogether false and scandalous; for that this Deponent and the said Mr. Overton, the Tuesday night next preceding the said Wednesday, did lie both together all that night in one and the self same bed; and this Deponents Wife and his little Child in another bed of this Deponents house or lodgings. And that the next morning, before the said Lieutenant Colonel Axtel knocked at the door, this Deponent, with his Wife, with the said Mr. Overton, were all up and ready (saving that Mr. Overton had not put on his boots, band and cuffs) and were altogether in a chamber of this Deponents house, where this Deponents Wife was then suckling of her child: and this Deponent hearing some body knock at the door, went down to open it; which was readily done by a girl of the same house. Whereupon the said Lieutenant Colonel Axtel (meeting this Deponent upon the stairs, and ask him if he were Mr. Overton; to which this Deponent replying, No;) commanded the Musketeers (who attended him) to take this Deponent into their custody, and he himself went directly up into the chamber with some Musketeers attending him. All which this Deponent affirmeth upon his oath to be true. A. B. Jurat. 4 Aprilis, 1649. ROB. AYLET. FINIS. THE NARRATIVE of the Proceed against Mr Thomas Prince, Thus followeth. UPon Wednesday the 28. of March 1649, about four a Clock in the morning, my house was beset with about 200 Horse and Foot Soldiers with their Arms; one or more of them knocked at my door, my Wife being up with one of my Children (who was very sick) she hearing the knocking, speedily went and asked who was there? Some of them said, Is Mr Prince within? my wife said, yes: one of them said I would speak with him about some Butter and Cheese for Ireland: my wife told them, my husband is not stirring: they said, We must speak with him, it is not for his hurt: my wife presently comes running to my chamber and said to me, Husband, what have you done, here is a Troop of horse and many soldiers at the door for you? I gave my wife this Answer I fear them not, if there were ten thousand Troops: presently my wife went and let them into my house, and being entered, they searched my cistern and Oven, and three beds, and asked who lay in this bed? and who in that bed? etc. and turned and tossed the bed : presently after they came to the chamber where I was, with a pistol and muskets presented against me: I asked them what the matter was? Lieutenant Colonel Axtel told me, I was his Prisoner, and that he did apprehend me for High Treason; I desired to see his Warrant: He said, here is a Warrant from the Council of State, signed by the Lord Precedent, and sealed with the great Seal: I took it of him, and read it over, and I found it was no Legal Warrant; and so I told the Lieutenant Colonel. Forthwith came my Wife unto me, and said unto the Soldiers, that she knew her Husband had done no harm, and that he cared not for the worst his Enemies could do unto him. I was joyful to hear the cheerful words of my Wife; And my Wife further said, Is these the men my Husband hath stood for, and adventured his life, as he hath done, and trusted the Parliament in their necssities, above six years past, with above 1000 l. and is yet unpaid? I am sure my Husband is above 2000 l. the worse in his Estate, for assisting them. I said, Good sweet Heart be content, it is not for men I have stood, it is that the Commonwealth might be freed from Tyranny and Slavery, and I am not sorry for what I have done, for I have discharged a good Conscience therein. I made me ready presently, took my leave of my dear and loving Wife, and went with the Lieutenant Colonel into my shop, where I found one of my servants and divers Soldiers with him; The Lieutenant Colonel asked me if I miss any thing, wished me to search the Soldiers. I looked upon the Soldiers, and I told them, By their faces they seemed to me to be no such men: I told them, I had better thoughts of them; I, for my part, have done the Soldiers no wrong: And I doubt not but these men and their fellow-soldiers will stand for their own and the People's just Liberties against all Tyranny in whom soever. And as I was going from my shop in the Lane which doth join to my house, there was another party of Soldiers which stood nigh unto my door; and perceiving them in the street and lane, I laughed hearty to see so many armed men come for me: I told the Lieutenant Col. one man with a Legal Warrant had been sufficient: The Lieutenant said, they had special Order upon their peril to come: I told him, to come in that manner was suitable to his unjust Warrant: And I also told him, my name is Prince, and that it was usual for Princes to have great attendance. The Lieutenant Colonel gave a Captain charge of me, to bring me to Paul's yard, which was performed with a strong Guard following close unto us; after a very little time, came my Friend Lieut. Col. John Lilburn, and Mr. William Walwyn, after salutations betwixt us, we went from thence with Adjutant General Stubbard to White-Hall, and there with a very strong Guard of Soldiers was brought unto us our Friend Mr Richard Overton, and there we were kept prisoners until about five a Clock in the afternoon, at that time with a Guard of Soldiers we were brought to Darby-house; within two hours after we had been there, I was called for; I presently went, as was desired, into a room, where I see about ten or twelve men sitting about a large Table; after I had given them a full view. I put off my Hat: I was spoke unto to go nigh Mr Bradshaw, which I did; Mr Bradshaw said unto me, Here is the Votes of Parliament against that printed paper, entitled, The second part of England's new Chains discovered, which Mr Bradshaw gave unto Mr Frost to read it to me, which he did. Mr Bradshaw likewise told me, Here is an Order of Parliament, giving power to this Council of State to find out and examine the Authors, Framers and Contrivers of the aforesaid paper, and to deal with them as they shall see cause; This Council is informed that you are one of the Authors, Framers, or Contrivers of the aforesaid Paper, and you are required to give your Answer. After a little silence, I said these words, or to this effect. Sir, I am an Englishman, and therefore lay claim to all the Rights and Liberties which belongeth unto an English man; and God gave me such knowledge, that in the very first beginning of the late Wars I gave my cheerful assistance against those that would rule over the people by their own wills, and upon that account, I adventured my life, and lost much blood in defence of the Commonwealth, and all along to this day have assisted in person and purse, to my utmost abilities, and I am the same man still to withstand Tyranny in any whomsoever. Sir, I hate no man in the world, only the evil in any man I hate. Sir, all those good things which my conscience and my actions will witness, I have done in behalf of the Commonwealth; I desire they may be all laid aside, and not come in the balance, as to hinder any punishment that can be afflicted upon me for breaking any known Law. Sir, that which makes a man an offender, is for breach of a Law, and that Law ought to be made before the offence is committed. Sir, Although I have fought and assisted against the wills and tyranny of men, yet I have not fought to overthrow the known Laws of the Land; for if there be no Law to protect my Estate, Liberty and Life, but to be left to the will of men, to the power of the Sword, to be abused at pleasure, as I have been this day, contrary to Law, being fetched from my wife and family. Sir, by the same rule you may send for my wife, and children, and for all my estate, and the next time, if you please, to destroy all my neighbours; nay all in the City, and so from County to County, until you destroy as many as you please. Sir, I have heard talk of Levellers, but I am sure this is levelling indeed, and I do here before you abhor such do, and I do protest against them. Sir, There is a known Law in this Land; if I have wronged any man, let him take his course in Law against me, I fear not what any man in England can do to me by Law; and, Sir, the Law I lay claim unto, as my right, to protect me from violence. Sir, the Parliament hath lately declared, they would maintain the Law; but I am sure their and your dealing by me declares to the contrary. Mr Bradshaw said, Is this your Answer? I said, Yes; then I was commanded to withdraw. After some space I was called in again, Mr Bradshaw asked me, if I did own or deny that Paper, entitled, The second part of England's new Chains discovered; and to this I was required by that Council to give my Answer. To which I replied: Sir, At the beginning of the Parliament it was declared, how destructive it was for any man to be examined upon Interrogatories; and Sir, if they had not Declared it, it is my right not to be examined against myself; Sir, God hath given me this understanding, not to wrong my Neighbour nor myself; if my right hand should take away and betray the liberty of my left, I would cut it off: Sir, the people who is the Original of all Just Power, hath not given any such power to the Parliament, as to examine men against themselves in criminal Causes; the Parliament cannot give that to others they have not. Sir, as I said before, if any man in England hath any thing against me, let them take their course by Law; Sir, the Law doth prescribe Rules for the Offender to be brought before a Justice of Peace, and after the Justice hath examined witnesses upon Oath, before the party apprehended, if the offence (although proved upon oath) be bailable, the Justice is to take Bail, if the Justice refuse, the party may arrest the Justice, and have his cost by Law against him; if not bailable the party is to be sent to prison, and there to be kept until the next Session or Assizes, and not during pleasure. Sir, I never heard of any Law that gives you, or any of these Gentlemen that sit here, any just Authority to call me here in this manner before you. Master Bradshaw said, Is this your Answer? I answered yes; then I was bid withdraw. About an hour after, news was brought unto us, That we were to be sent Prisoners to the Tower, upon suspicion of High Treason; we disputed with the Officer, and shown he had no Legal Warrant to carry us thither as prisoners, notwithstanding (by the power of the sword) we were brought Prisoners to the Tower of London, where we are Rejoicing that we are counted worthy to suffer in bearing Testimony for the Freedom of the People, against their Usurpation and Tyranny. Tho: Prince. From the Tower of London this 1. day of April 1649. FINIS.