The Prisoner's Plea for a Habeas Corpus, Or an Epistle writ by L. C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of April, to the Honourable Mr. W. Lenthall Speaker of the House of Commons. In which is fully proved, that the judges are bound by Law and their Oaths to grant a Habeas Corpus to any prisoner whatsoever that craves it, by whomsoever committed, and to deny it (whosoever commands the contrary) is to forswear themselves, for which they may be in Law indicted for perjury, and upon conviction, are for ever to be discharged of their office, service and council. In which is also declared the usurpation of Mr. Oliver Crumwell, who hath forcibly usurped unto himself the Office of L. G. in the Army, for almost 12. months together, and thereby hath rob the Kingdom of its treasure, under pretence of pay, which he hath no right unto, and by the power of the said Office hath tyrannised over the lives Liberties, and estates of the freemen of England in a higher manner than ever Straford or Canterbury did, all which John Lilburne will venture his life according to the Law of the Land to make good, unto which he hath annexed his Epistle which he writ to the Prentices of London the 10th of May 1639 when he was like to be murdered in the Fleet by the Bishops, as now he is like to be murdered in the Tower, by Crumwell and his tyrannical fellow Grandees. Mr. Speaker. IT is the saying of the Spirit of God, That a righteous man regardeth the life of his Be●st: but the tender mercies of the wicked as cruelty, Prov. 12.10. And if a righteous man regardeth the late of his beast; much more of a man, that did or doth him service; but he that to such a one rewardeth evil for good, declares to the purpose, that his tender mercies is cruelty indeed; but whether your deal in particular, and the deal of your House in general have been so un●o 〈◊〉, yea or no, I will not now determine, but at present leave it to the consciences of you and them 〈◊〉 you have any left] to judge. But Sir, give me leave to put you in mind that I have contrary to all Law and justice been 〈◊〉 almost two years a prisoner in the Tower of London; committed originally by those [viz the ●●use of Lords] that at your Bar the 19 jan. last I averred and in 〈◊〉 good measure proved a As you may read in my late printed speech, called a Whip for the present house of Lords, pag. 14, 15, 16, 17. and which is absolutely and fully proved by Mr. Lionel Harb●n in his plea the 17. present for the imprisoned Aldermen of London, etc. pag, 11, 15, 16, 17, by Law had no more power to com●● then so many Turks or Tart●rs hath; But that day I was by Vot● of your House a new committed to prison, who if you please believe the learned opinion of your brother Lawyers, Mr. Wil●●a● Prin, declared in his late plea for the Lords jurisdiction o●●● Commoners, your House in Law hath not so much power to 〈…〉 me, as the Lords hath, and they none at all. But howsoever, whether they have or have not, I ought by 〈◊〉 when I am committed, by whomsoever to be brought to a speedy trial, as is excellently well proved and illustrated by Sir Edward Cook in this exposition the 29 Chap of Magna Charta b in the 2 part instit. fol. 42, 43, also fol. 186, 189 515 and 1 part instit. lib 3, chap, 7. Sect. 438 fol 260. the oppressed man's oppressions declared pa 1.3 4 & a Whip for the Lords pag, 2, 25. Th● Law of England i● extreme tender and favourable of a man's freedom ●nd 〈◊〉 And therefore it hath appointed officers and ministers, to del●● the Goal three times a year or oftener c 4 E. 3. chap, 2, prined in the people's prerogative pag 6. if need be, because in eye of the Law, the prison is a bad, or a hard mansion or dwelling And besides that all men committed for any trespass whatso●v●● for which he is not to lose life or member shall be d See 3 Ed. 1.15. printed in tho people's P. pag. 6. ba●●ed, Goal by the common law of England saith Sir Edward Coo● being the pledge or surety of him that could find no other, ●● therefore by the ancient common law of England, Treason Felony (in case the party that had committed it, could find g●● bail) was bailable; And in case the prisoner be long the●● should be, e See 2 part instit. fol 186 189. detained in prison, and denied to be bailed according the law, the law hath provided a Habeas Corpus for his reme●● to bring his body and cause up before the judges, with a Habeas Corpus is not to be denied to any that craves it, whether he be b●● able or f See 2 H. 5 ch 2. & 11, ch. 10. Petition of Right in the C R. bag case 11 part works reports & 2 p. insti. fol. 615. 616. Noah. And to deny it to any man what ever that craves it, let his ca●● which he is committed for be it what it will, is to deny him the benefit of the Law of the Land, for 〈◊〉 the return of the Habeas Corpus, it doth not judicially appear for what cause he is imprison, but on the return it will appear: and if upon the return it doth appear, that he is imprison contrary to the known and declared Laws of the Land; the judges are bound by their Oat● without any more ado to deliver him whosoever commands to the contrary; And if it appear, th●● he is legally committed for a crime in Law, that is bailable, they are to bail him, and if his er●● be not bailable, they are to turn him back from whence he came, and all this clearly appear●● by Sir Edward Cook, upon the 29 chap, of Magna Charta fol. 55. published by yourselves Law; And by the judge's answer to the 25 Articles or objections that Richard Bancroft Are bishop of Canterbury, exhibited in the name of the whole Clergy (than high enough) in M●chaelmas Term, in the the third year of King james, to the Lords of the privy counsel agains the judges of the Realm, for encroaching (as they suppose upon their Ecclesiastical jurisdiction, g which you may read at large in the 2 part instit. fol. 191, 602 to fol. 618. where in their Article, they complain against the judges in Westminster ha●● that they command and cause the Sheriff to bring before the into their Courts, parties so committed by the Ecclesiastie●● judges, to prison, that by the Laws of the Land, they ought not to deliver until the Ecclesiastical Courts were satisfied, and yet by their own discretion set them at liberty, without nor a thereof given to the Ecclesiastical judges, etc. Unto which all the judges of England, and all th● Barons of the Exchequer, upon mature deliberation & consideration, in Easter Term following with one unanimous consent, that if the party imprisonned be in Law not bailable, yet we oug●● [say they] upon complaint to send the Kings Writ [of a Habeas Corpus] for the body and t●● cause, And if in the return no cause, nor no sufficient cause appear, than we do [as we aught set him at liberty; otherwise upon removing the body, the matter appear to be of Eccelsiasticall cognizance, than we remit him again, and this we ought to do in both cases, say they And in the 22 Article the Clergy complains, that some of the temporal judges are grown to such an innovating humour upon their jurisdiction given them by Law, that they have delivered certain lewd persons fined and imprisoned by them, for grievous crimes, to the● treading th● Kings supreme Ecclesiastical authority under their feet: unto which the judge's answer. W● do not neither will we in any wise impunge the Ecclesiastical authority, In any that pertains unto it, but if any by the Ecclesiastical authority commit any man to prison, upo● complaint unto u● that he is imprisoned without just cause, and if they will not certify unto us 〈◊〉 the particular cause, but generally, without expresing any particular cause, whereby he it ma● appear unto us to be a matter of Ecclesiastical cognizance, and his imprisonment just, 〈◊〉 we do and aught to deliver him, and this is their fault, and not ours; and although some 〈◊〉 us have dealt with them to make some such particular Certificate to us, whereby we may be able to judge upon it as by Law they ought to do, yet they will by no means do it and therefore their error is the cause of this, and no fault in us, for if we see not a just cause of the party's imprisonment by them, than we ought, and are bound by Oath to deliver him; And they ●ll conclude, that the judges doing what they ought, and by their Oaths are bound to do, they ●●e not, nor ought not to be questioned therefore. ●nd that a Habeas Corpus, is not by law to be denied to any prisoner, whatsoever his crime be, ●y whomsoever committed, I further make appear thus. First, a man in execution for debt, is by the Law of the Land not bailable, and yet a Habeas Corpus cannot nor aught to be denied h 2 H. 5, ch. 2 and 11 H. 6. chap. 10. to him. Secondly, a man excommunicated is not bailable by Law, and as Law a Habeas Corpus cannot nor ought not to be denied to ●● i 2 part insti. fol. 614, 615, 616. such, and so for all offences whatsoever; And among o●● remedies against unjust imprisonment, the Law of the Land 〈◊〉 this remedy amongst many others, as the Writ de homine pag●●●do, and the Writ de odia ●t atia, and the Writ ponendo ●●idlium, and the Writ of false imprisonment, and an action of ● k See 2 part insti. fol. 42, 43 53 55. 187. case, upon a false return made upon such a Habeas Corpus. Thirdly, It is against the judge's Oath to deny it, in which Oath, he swears to do equal Law 〈◊〉 execution of right to all people, rich or poor, without having regard to any person; and that ●●y deny to no man common right, by the King's letters, nor none other man's, nor for no other ●●se, and in case any letters come to you, contrary to the Law, that ye do nothing by such letters, notify the King thereof, and proceed to execute the law, not ●standing the l See his Oath at large printed in Pultons' coll. of statutes fol. 154. and my late book called the people's prerogative pag. 10. letters. But a Habeas Corpus is part of the Law of the Land, which 〈◊〉 judges ought to grant to all men that demand them, by whom over committed, although their crimes be unbaileable. Therefore the judges denying of it to any man whatsoever that craves against their Oath, by doing of which they forswear themselves, and so are liable to be indicted for perjured persons, upon conviction of which they for ever 〈◊〉 their places and are for ever to he uncapable to be Counsellors, etc. as appears by an act of parliament of the 11 H. Rot Parl. not 28 m. not printed in the statute book, but is printed in the 3 〈◊〉 instituts fol. 224 22. Fourthly; To deny a Habeas Corpus is against Magna m bide 2 part insti. fol. 53. 55. ●●●arta, and the Petition of Right made in the third of the King, ●●d the act that abolished n both which you may read in the people perrogative page 1, 2, 3, 23, 24, 25. the Star-chamber made in the 〈◊〉 of the King, yea against your own declarations, as appears, part dec. pag 6, 8. Fifth, To deny it, is to rob the people of their declared and un●●●ed birthright, viz. the Law of the o 1 part bo● dec. page 7.38, 39, 77, 201, 278, 459, 650. 660, 845. Land, and so to deny all the ends wherefore we fought in the late Warr● against 〈◊〉 King, which was principally to preserve our Laws and liber●●. Sixtly, To deny it, is to contemn the declared authority of Parliament, who in all their 〈◊〉 Protestations, Vows, Covenants and Declarations have sworn, Vowed, promised and ●●lared they will maintain unto the people their Laws and Liberties, and again and ●●i●e imprecated the wrath and vengeance of Heaven to fall upon them when they do ●i p See and compare together 1 part bo. decls. p 17. 18, 214, 264▪ 266, 267, 340. 462, 464. 466. 473, 588 666, 673, 690. 750. not solemnly declaring they have no aims at themselves, but wholly at the public; But Habeas Corpus, is an essential part of their Laws and liberti●● And therefore to deny it, is to contemn the Parliaments authority. And for then to suffer it, is to render them a company forsworn men, and so never fit hereafter to be trusted. But if it shall be objected that if you should maintain the la●● you could not now, or in your by past straits, preserve yourselves and the Kingdom against the King. To which I answer, there is a great disproportion in reaso● (and so adjudged by yourselves q 1 part bo●●. decls. 205, 266, 276, 687, 690, 700. betwixt that Law whic● concerns a single person, the King (who had so much caused the Laws to be broken as in yo● first Remonstrance you declared before this Parliament as he did) and his prorogative, and betwixt that law that concerns millions of people (that never had a hand in being guilty in a● such thing,) viz. all that are or hereafter shall be in the Kingdom. And besides, though the people in assisting you against the King, suffered you in the time open and denounced war, to do, and did themselves, many things that were not consonant to th● strict letter of the Law of England, walking then in that great extremity by that rule of rig●● reason, that universal safety is above all Law, and that necessity hath no law, which caused them present to wink, at the stopping the usual and ordinary course of justice, and to bear wi● many other enormities in you besides, especially in the arbitary proceed of your illegal committees, yet they never assisted you against the King, with any such intention to help you subdue him or his exorbitant and Tyrannical will, that you should then become their arbitra●● Lords and masters (and they your perfect vassals and slaves) and tread under your feet their rational and fundamental Laws and liberties; and destroy their properties; but rather, that th●● might by you, be set in a better condition than you found them, and their Laws and liberti●● r●n in a purer stream and Channel, by regulating the insufferable exorb●tancies of the Cou●● of justice, and abridging both the delays and changes of Law Suits, etc. according to yo●● promise in your Masculine first Remonstrance 1 part book decla page 15. and that at the e●di●● of the wars (which you in you late declaration against 〈◊〉 Scots Commissioners▪ of the four● of March, 1647. declare is now at an end page, 5 16) they might by you, according to you many Solemn declarations and engagements, be put in the full possession and enjoyment the de●re-bought-fruit of all their labours, expenced, travels and hazards that they have 〈◊〉 in assisting you in the date war against the King, principally for their Laws and liberties: an● all this you fully p●●●so●● your excellent declaration of the 17 of April 1647. 2 part dec● page. 879. where you declare, It is your intentions and earnest desires to obtain th● end of the primitive institution of all government, viz. the safety and weal of the people and though by the necessity of the wars, (you confess) you have been compelled to d● many irregular things, yet upon the ●educement of your affairs; We do declare (say you that we will not, nor any by colour of any authority derived from us, shall interrupt the ordina●ry Courts of justice in the several Courts and judicators of this Kingdom, nor intermed in cases of private interest otherwhere determinable, unless it be in case of male administration of justice, wherein we shall see and provide that right be done, and punishment inflicted 〈◊〉 there shall be occasion, according to the Laws of the Kingdom, and the Trust reposed in 〈◊〉 But the wars are ended, and your affairs (if you by your covetousness and selfishness (●●vastly deviding the public treasure against Law, reason and justice amongst yourselves] spoil them not again] reduced to a very good condition, the ordinary courts of justice being all open where solv● only, and alone the Law ought to be executed, if not in the least degree pertaining to your House; the executing of the Law making or legislative power, being their proper and sol●● work. And therefore if you would ever be reputed for honest men, [who it is commonly said are a●● ways as good as their words) than it is high time for you to make good your declarations, and to ●●●●ease the exercising of all your arbitrary and illegal power in executing Laws, and let the ordinary and proper Courts of justice only do it, lest the people never give credit to you any 〈◊〉 for men of faith, truth or honesty; but by your tyrannizing over them and robbing them ●● the benefit of their Laws, they be necess●iously provoked and compelled to rise up against you, afterwards you for all your cruelty, with the severity exercised upon them, as you have rewarded 〈◊〉 all their love, bounty and kindness towards you; and when you cry out to them for law and justice, they Preach unto you your own doctrine, which by solicitor St. john, you preached to the ●arle of Straford, in his argument of Law against him pag, 70 viꝪt. That he in vain calls for the help of the law, that walks contrary unto Law, and thou the Law of like for like▪ he that would not have others to have law, why should 〈◊〉 have any himself? Why should not that be done to him, that he himself would have done to another? its true (saith he) we give law to Hares and Dear, because they be beasts of Chase, but it was never accounted either cruelty or foul play ●● knock Foxes or Wolves on the head, as they can be found, because they be beasts of ●●rey; The Warrenner sets trapped for Poulcats, and other vermin for preservation of the Warren. And that cruel tyrant Adon● Bezek, found the righteous God, a just executer of the Law of ●● for like upon him, who after his thumbs and his great toes were cut of; said, threescore and 〈◊〉 Kings having their Thumbs, and their great toes out off, gathered their meat under my table ●● I have done, so God saith the Pagan] hath required me, judges 1 6, 7. And saith the Apostle 〈◊〉 chap. 2.13. ●●e shall have Judgement without mercy that hath showed no mercy. But Sin if you should object against me, as some ignorant men do, that your House is above 〈◊〉 laws of the Land, and therefore are not tied by them, nor bound to act according to them. I answer positively no: you are not in the least above the laws, but while they are Laws and unrepealed, they are as binding unto you, as the meanest men in England, and you have no privilege of exemption from the lash of them, either for treason, Felonry o● breach of the r 4 part inst●. chap. high. Cou. Parli. fol. 25. 1 part boo. decls. p 48. 278. peace) And excellent well worth observation is that of Sin Ed. Cook in his 4 pt. instit ch. high Court of Parli. fol 37, where speaking of the attainder in Parliament of 〈◊〉 Cromwell Earl of Essex in the 32 H. 8. who by the Parliament was condemned of high Treason, & yet was never called to answer in any of the Houses of Parliament: of the manner of whose proceed against him, he saith, let oblivion take it a●●at. ●● it may be, if 〈◊〉 however let silence cover it; for saith he, the more high and absolute the ●●sdiction of the Court is, the more just and honourable it ought to be in the proceeding, & to give ●ample of justice to inferior Courts, which kind of proceed of the Parliament with the aforesaid Earl, be condemns as altogether illegal, and citys the 29. chap. of Magna Charta, etc. 〈◊〉 prove it against the Law of England; and to prove it to be against the Law of God, he qu●te● ●● 3.9. & 18.21. & Deut. 17.10. & 19.15.17. & josh 7.19 20.22.23. judg. 20.21.3.4. & job, ●51. And that it is against the Law of reason engraven in the hearts of Heathenish cits Act 25. ●● where the very Pagan Magistrates, answer to the jews, when they pressed for judgement against Paul, That it is not the manner [or Law] of the Romans to deliver any man to die, before that he which is accused, have the accuser face to face, and have licence to answer for himself concerning the crime laid against him; who when they were to send him prisoner to 〈◊〉, by the very light of Nature declared, That it seemed unreasonable, to send a Prisonner and not withal to signify the crime laid against him, Act. 25.27. And in fol. 35. ibi. he saith that by Order of Law a man cannot be attained of high treason, unless the offence in law be high he ought 〈◊〉 to be attained by general words of High Treason by authority of Parliament (at some time hath been used) but high ●reason ought specially to be to press●●, seeing that the Court of Parliament is the highest and most honourable Court of justice, and aught (as hath been said) give example to inferior Courts. And in pa●● 14 ibim, declaring the danger that ensueth to the Kingdoms when any of the maxims, or fundamental Law of the Kingdom is altered, which was gr●at Empson and Dudlys' rigid, executing that unjust act of Parliament of the 11 H. 7. 3. he hath the words. A good Cav●t to Parliaments to leave all causes to be measured by the Golden and straight Afterwards of the Law and not to the incertain and crooked Cord of discretion, or will or pleasure. But Secondly, I put a clear distinction betwixt you Legislative power, and jurisdictive power and I grant you have a legal proportion of Legislative power inherent in you according to th● present constitution of the Kingdom; to repeal those Laws that are amiss, and to make better i● their places, always provided you walk by the rules of common equity and reason, which I positively conceive and judge, a Law to all Legislators in the world. And therefore for you to go about to punish me, or any other man whatsoever, for any pretended crime whatsoever by an unknown Law, made after any fact is committed, I am absolutely of opinion is the greatest injustice in the world. And that I illustrate thus. My action done or acted, is either a crime or no crime, a crime it cannot be, unless it be a transgression of a known and declared Law in being before the act done, (for faith the Apostle where there is no Law there can be no transgression, Rom 4 15.) and if so, to punish me for that act, which is no crime, or at least was no crime declared when I committed it, or to punishment any other ways; or by any other manner, then by that law against which I have transgressed is expressed, and prescribed, is the highest of injustice, and the most righteous and justest man in the world, under such principal or tenets, can never be safe, being always in liberty, estate, and life; liable to be leveled or destroyed, by the will, malice and pleasure of the present swaying grand faction, in which condition a man differs nothing from a brute beast, but in shape. And therefore Mr, Speaker all your Legislative power put forth to make a Law to punish men after their pretended crimes committed: I judge to be the desperatest injustice and wickedness that ever was committed, or acted in the world, by men that had professed and fought for Law and justice all which are so fully proved, in the 1, 2, 3, 4. pages of England's birthright, and the 11, 12, 13, 14, 15. pages of the second edition of my epistle to judge Reves, and in the 11, 12, 13, 14. pages of Mr. Wildmans' Truths Triumph, And in the proem of my late book, called the people prerogative, and the 12. 13, 14, 15. 16. etc. Sir john Maynards' case truly stated, And the Plea of A. B. a Citizen of London published by Lionel Harbin Gentleman in pag. 11, 15, 76, 17, 18. That I at present judge it is irrational to add any more reasons to justify them, then to light a cancel to the Sun when it shins in its brightness. And therefore Mr Speaker I earnestly entreat you, and by the duty of your place require you, to communicate these lins to your House, in the conclusion of which I humbly from the desire. First, to yield me my two thousand pounds, already adjudged me from my Starr-Chamber (bloody and cruel) judges, or else. Secondly, it they judge it not proper by law, for the jurisdiction of their House, that they would throw it out of doors, and totally leave it to the common Law. Always provided that I may without interruption, have my legal remedy against the Earl of Salisbury, and old Sir Henry Van●● my potent and bloody adversaries, who by their inhuman and unparleld decrees in Starr-Chamber in the years 1637. and 1638. pas● against s Which bloody sentences you may at large read 1, 2, 3, 4. p. of my relation before the Lords Feb. 13. 1645. me, would have murdered, starved and destroyed me, And. Thirdly, that your House immediately give me but one half o● my arrears, that they justly own me (for the whole) to enable me to live, and follow my business, And. Fourthly, that they adjudge my appeal against the Lords, that so I may 〈◊〉 way or another get my liberty, or else freely and wholly leave me to the ●ommon Law, without over awing or terrifying the judges from granting me a Habeas Corpus, which I conceive you cannot in the least legally forbidden them to ●he, especially considering by the forementioned act that abolisheth the Star-chamber, you have enacted a penalty, upon all these Judges that shall deny a Habeas Corpus to any that demand it, although committed by the King himself; yet the judges are there in joined without delay or any pretence whatsoever to grant it. And therefore Mr. Speaker, I earnestly entreat you throughly to acquaint your House with my present necessitated desires, and to take some effectual course, ●hat by their means I may not starve ●n Prison, as in the condition I am in ●ow, of necessity in time t See my lamentable complaint made at your Bar in my speech at the 29 I●● 1647. called a Whip for the Lords pag. 20. 21. 22. I must, ●●● you keep me in prison (and lay no ●ame at all to my charge) and allow ●e not the value of one farthing token to live upon, to keep me, my wife and ●ittle children alive, and yet keep almost three thousand pound of my just and ●egall right from me, which is now all (after my 11 years sad sufferings) I have ●eft me in the world to pay my debts and to live upon. But Sir if you and your House will not take some speedy and effectual course 〈◊〉 my legal relief, seeing that a Habeas Corpus is my right by Law, and seeing the last Term I could get never 〈◊〉 Lawyer to move for one for me, although I endeavoured it, as much as if my life had lain upon it, and yet could not prevail with any to venture to do 〈◊〉 for fear the indignation of your ●hose or the Grandees of the Army would destroy v For I know and am able to prove it that whem Cromwell and his confederates accused the eleven Members of Treason, they had all their matter in a manner against them to seek, and I will prove to this effect to Crumwells' face, that when by the Counsel, etc. it was demanded of him, both at St. Albon, and Colbracke what he had against Sir john Maynard, he positively answered he at present did not well know, but he was a busy prating man, and therefore must be in, that so he might be taken out of the way. them as without ●all ground it hath done others, the ●ower and tyranny of whom doth to●ly over awe them, of which every ●ng yourselves remarkably combine in the 8 page of your forementioned first Remonstrance; And seeing ●am in Prison, I cannot come to the King's Bench Barr to move for myself, if our House will, do any thing that is suitable to Law and justice, which is all ●e mercy and pity I crave at your hands, than I must of necessity be compell● (as you in your great straits did, to cry out to all those, that had any sense of my, honour or honesty, to come in to aid a distressed State 1 part bo. decls. p. 98) earnestly and mournfully, to cry out allowed to all the honest Noun substantive men in and about the City of London, to pity and 〈…〉 distressed and oppressed estate and condition; and rather than to suffer me to murdered and starved in Prison by the Tyranny of Cromwell and his Grandees; that have now visably turned their backs of God, (of the Liberties their native Country, of common honesty, humanity and justice) to use th● utmost endeavours to bring me to the Bar of justice, there to receive a try according to the known Law of England for my life, and that justice with o●● partiality, mercy, pity, or compassion may be executed upon me, either to 〈◊〉 condemnation or justification, which is all the favour, pity or compassion crave from all the adversaries I have in the world. And for that end Mr. Speaker, I shall with all earnestness and industry, endeavour to get as many of them as I can the first day of the next Term to g●● up by 6 or 7 a clock in the morning, in person to Westminster hall, a●● deliver me a Petition to the judges there sitting, in the very following word●▪ To the Honourable the judges of the King's Bench. The Humble Petition of Leut. Col. john Lilburne Prisoner in th● Tower of London. Shows THat your Petitioner is an Englishman, and thereby entailed, and entitled to the benefit▪ all the Laws of England which by your Oaths x Which is printed in Pultons col. of Statutes fol. 144. and the people prorogative p. 10. you are sworn indifferently and equa●●● without fear or partiality to administer gr●tis to all perso●● rich and poor, without having regard to any person, notwithstanding any command whatsoever to the contrary. Now for as much as a Habeas Corpus is part of the Law England, and aught no● by Law to be denied to any man y See 2 H. 5. cha. 2 Petition of Right 3. C R. the act that abolisheth ship money 17. C. R. 2 part insti. fol. 53. 55. 55. 615 616. See 26. ch of Magna Charta and Sir Ed. Cook exposition upon it, fol. 42 & 3 Ed. 1. ch. 26. and the exposition upon it in 2 part insti. fol. 210. and the Statute of the 11 H. 4 Nu. 28. not printed in the Stat. book but as printed in the 3 pt. insti. fol. 146. 224. 2●5. whatsoever that demands it, which though your Petition earnestly endeavoured the last Term to obtain, yet occur not prevail with his Counsel to move for it, although 〈◊〉 hath almost this two years been detained in prison in t●● Tower of London, without all shadow of Law or justic● and by the Lieutenant thereof, hath been divorced from t● society of his wife, debarred from the free access of 〈◊〉 friends, deprived of the use of Pen, Ink and Paper; all wh●●● usages are against the express Laws and Statutes of a● Land; your Petitioners birthright and Inheritance. Therefore your Petitioner humbly prayeth, accordi●● to his right, and your Oaths, the benefit of a Habeas C●●pus (and that he may have it gratis according to the L●● of the land and you Oaths) to bring his body and car●● before you in open Court, there to receive your award and judgement, according to the declared Law of England. And your Petitioner shall pray, etc. john Lilburne. And now Mr. Speaker I desire to acquaint your House, with my intentions to bring myself up 〈◊〉 the King's bench bar, the first day of the next Term, who I hope will not so far subvert the 〈◊〉, as to go about to hinder me, but there meet me according to law and justice, with whatsoever they have to lay unto my charge, and not still keep me in Prison, by will and force of Arms, without laying any crime at all unto my charge, and there think to murder or starve me, unless ●ill stoop to their tyrannical lusts and wills; which if they do Mr. Speaker, it is not the ●t palpable injustice that I have undergone by you in particular and them in general, as I ●erly evinced and fully proved to your faces in my speech the 19 of jan. last at your open bar, which you may now read in my Whip to the House of Lords page 19 20. 21. 24. 25. 26. But they shall do this, than I shall absolutely conclude the levellers, viz. Cromwell and his grandee * For in my Whip 〈◊〉 the Lords I have ●dly proved that fact 〈◊〉 the absolutest Le●ellers in England, and those honest men they nickname Le●lers, to be the principal supporters of ●●●ly and property in the whole Kingdom page 2 3. faction hath in good earnest already de facto leveled all our laws and liberties to their own corrupt lusts and wills, and have made England already, to become like Turkey, London like Constantinople, the Army (that was raised to preserve our laws liberties and freedoms) like the great Turk's guard of Janissaries, that will put all his commands in execution, whether it be right or wrong, And White Hall and the Muse, like the Seralia (in Constantinoppe being the place of Randezvouz or lodging of the tyrants, mercenary law and liberty destroyers. For truly Mr. Speaker I must say and 〈◊〉 it that Mr. Oliver Cromwell hath destroyed all our laws and liberties and properties, and set up an absolute tyrannical arbitrary Government by sword (and principally over all those that have fought in the sincerity of their hearts for the Parliament and their Country) for worse than ever Strafford or Canterbury attempted to do, for which they lost their heads, who yet in comparison to 〈◊〉, were but fools and chickens, scarce daring to think what he hath executed and acted. But Mr. Speaker if you would know the reasons why I do not call him Leiut. Gen. Cromwell, It is because I would correct a vulgar cheat amongst the people, which of right take him now to be lieut. Gen. to the Army, when as indeed and in truth he is no such thing rightfully; for at the ●andellising of the present General's Army by the self denying (alias cheating) Ordinance, no member of either House was to have any Office in the Army, yet at the special desire of divers ●est petitioners in London (who now are by Cromwell christened Levellers) & the General & his Council of War, the Parliament by special Ordinance made Mr. Cromwell Lievt. Gen. of the ●se of that Army for six months (reserving still for aught I ever could hear, the sole making of General Officers (of the Army) in their own hands, and never gave it in the least to the General) and after the expiration of the six months, continued him by an other special Ordinance for six months longer, but I could never hear that after the expiration of that six months they redeemed it again; And if they did (which I confidently believe the contrary,) yet I am sure a●●●t a year ago, he, (and a● I remember all the rest of the Colonels in the Army, that were lately made members of the House) were by special Ordinance taken from their commands in the Army, so that I am confident I may safely and positively call him a palpable usurper, of his pre●●● place and Office of Leiut. Gen. of the Army; and if so, than he is no better than a Robber, and a Thief, in forcing money from the Parliament and People (as he hath done, for his pay; and aught in equity and justice at least to make restitution of every penny he hath taken since he 〈◊〉 cashiered, and hereafter to retire out of the Army (that Soldier being no better than a fool that will obey him) and take no more. Nay he is not only a Thief, a Robber and usurper but he is an absolute murderer too. which I will maintain upon my life to prove him to be at the King's bench bar, and there or at the Assizes in ●●ertford shire he may and aught by the declared law of England to be indicted, and aught in justice, law and conscience to lose his life for that wilful, malicious premeditated and forethought of ●urther, that he committed upon the Soldier of my brother Col. Robert Lilburnes Regiment, for Mr. Cromwell being indeed and in truth no Officer but a palpable usurper, had not the least shadow or colour to meddle to adjudge the Soldier to death or cause him to be shot for any pretended marshal crime whatsoever, but. Secondly, if Mr. Oliver Cromwell should prove himself an Officer of the Army then, (which I am confident he never can justly or legally do,) yet that would do him no good to save his life † For I am sure the Earl of Strafford was general of an Army in Ireland by legal Commission, and did but do that which many generals there before him had done, and by Martial law caused the Lord Mount-Norris to be condemned to die, and by this Parliament he was therefore strongly impeached of treason, and amongst other things lost his head therefore, and yet the Lord- Mount Norris i● alive to this day, but the Soldier condemned by Cromwell an Usurper is shot to death in the time of full peace, Ergo▪ he undeniably deserves to die. for that murder, for it being done in a time of peace and not of war [although an Army be up in in the Kingdom] and all the ordinary Courts of justice free and open, where law and justice i● d● spenced and administered according to its usual manner, where only and alone all Soldiers as well as all other Englishmen, that are no Soldiers ought by the law of this land to be punished and no where else, the law having made particular provision therefore, yea almost for every crime that in time of peace, is imaginable a Soldier can commit, all which is fully proved in the 11. pag of the forementioned Plea of A. B Citizen of London, and in my forementioned book called the People's prerogative. pag 42, 43, 44, 45, 46, 47, 48, 49, 50, 51. but especially pag 53, 54, and in the 55, 56. pages thereof, you may read my letter which I sent to Windsor to the General, the 23. Decemb. 1647. by way of challenge, to all the Officers in his Army, to dispute that point with them before the General, viz. that it now being time of peace he nor his Counsel of War cannot by Marshal Law put any man whatsoever (Soldier or other) to death, but it is absolute murder. And is so declared by your own authority in your premitive purity and virginity, in the 3. part of the Lord Cooks institutes, chapter of murder, fol. 52. Where he positively declares, it hath in law been often so resolved, and there gives strong and undeniable reasons for it, and I am sure the Earl of Strafford paid for it to the purpose. And therefore Mr. Speaker I do absolutely conclude Mr. Oliver Cromwell to be a murderer, with which I now charge him, and require you as you will hereafter answer it, to a acquaint your house that I do hereby require him at their hands as a murderer of a Soldier of Co. Ro. Lilburnes Reg. near Waire, this last Winter, 15. No. 1647. called Rich. Arnell, And that they forthwith commit him as a murderer, to prison, without Bail or Mainprize according to the law of the land, and I john Lilburne am ready to enter into security according to Law, to prosecute him, and to make good the charge upon my life against him, by way of indictment according to the known law of the land, either at the King's bench bar in Westminster Hall, or else at Hartford Assizes. Sir you may please to remember, that at your open bar the 19 of jan. last, I delivered a formal impeachment against him, and his son in Law the pretended Commissary Gen. Ireton, being the very same things but in a fare transcendent nature, that they positively accused Mr. Hall is etc. of reason for; And I offered before you all (as you very well know) upon my life to make it good, and am still ready and willing to do it, but the justice you did the kingdom was to commit me to prison for my faithfulness and therefore truly Sir, I must in good earnest tell you, that my urgent oppressing necessity, and your, & Sir Henry Vain, and Cromwel's unparraleld cruelties toward me are so great and transcendent, that unless I speedily enjoy, and really possess some effectual justice from you, I must be compelled to throw all care and fear aside, and pluck up the same resolution in reference unto you, that I did towards the Bishops after they had caused to give me upon the 18. of April 1638. with knotted cords 500 stripes in less than 2. hours' time, and set me upon the pillory immediately after, and there put a gag in my mouth for an hour and a half, to the almost renting my jaws in sunder, and immediately after this, in the common Gaol of the Fleet laid me in Irons upon both my arms and legs, night and day, all wihch was done unto me by the bloody and wicked decree of merciless and barbarous Sir Henry Vain Senior, and the Earl of Salisbury, Lord Chief justice Bramston, etc. at which time I sent Canterbury and the rest of h●s bloody brethren word, that for all that, they had caused to be done unto me, or could farther do unto me, I was not in the least afraid of them, for I neither feared an Axe at Tower Hill, nor a Stake in Smithfield, nor a Halter at Tyburnt, nor whipping at a Cart's arse, nor a Pillory in the Palace yard, nor gagging, nor cutting of ears and nose, nor burning in the forehead and cheeks, nor yet banishment with john to P●thmos. For I verily believe if you should send me thither I shall there find Christ, which by his spirit will unfold the revelation unto me, and then I would write it and send it abroad into the world, which would vex you as i'll as Samson did the Philistims, and prove as fatal to your decaying, tottering, spiritual, Babylonian, Antichristian Kingdom, as his Foxes with fire brands at their tails, were to the Philistims Corne. And therefore as you love your almost ruinated Kingdom, look to it, and know that the faster you kick, the harder I will sp●r you, and the more you fling the closer I will stick and cleave fast unto you, for you are plants (which I groundedly know) the Lord never planted, and therefore undoubtedly he will pluck you 〈◊〉, Mat. 15.13. And therefore by the might power and strength of my God. Psal. 118.14 Esay 12.2. who is the worker of all my works in me, and for me, Esay 26 12. I am resolved come life ●●e death, seeing you by force have called me to it, to show myself valiant for the truth of God, Jer. 9.3. which message Mr. Speaker you may read in the 34. pag of my book called, Come out of at my people, printed at Amsterdam, 1639. And truly Mr. Speaker, if you compel and force me to such a course, I shall deal ingeniously with you, and acquaint you before hand, with my epistle I writ to the Apprentices of London upon the 10 of May, 1639. the copy of which I shall hereunto annex, the effects of which was like to have saved Derick the Hang man a labour, in reference to the Bishop of Canterbury, the like of which in reference to you and Cromwell, etc. I shall not fear to write again, and set my credit upon the tenter hooks, if it be possible to get money to print enough to send all over England, let the issue be what it will, I can but die, and say I, better any way, then to be murdered and famished by you in a bowl and a corner in silence. But I am confident I shall fix such a charge upon Cromwell, etc. as shall clearly make them apparent to be the arrantest jugglers, Dissemblers, Hypocrites, Apostates, and Liars, that ever breathed in the world, that professed honesty, a Which is already pretty well done in those two books called Putney Projects, and Westminster projects. and sincerity, yea to be tyrannical monsters in comparison of Strafford, and Canterbury, who were esteemed bail enough in their generation. For though the Earl of Strafford caused to be condemned the Lord Mount Norris, a Member of the Irish Army, by Marshal Law, over which Army the Earl was General by lawful Commission, which act of his notwithstanding, was objected against by your house as an act of treason in subverting the law, which act was strongly pressed upon him as a most heinous crime, by Mr. Glyn, Recorder of London, and a member of your hous●, being assigned so to do by you, to which he made a more notable defence for himself by a thousand degrees, than I am confident Cromwell is able to make to justify his Martial Law actions, whose defence you may partly read in a printed relation thereof, printed 1647 pag 11, 12, 13. Yet though he were esteemed very bad in his generation, he never had so much impudence, to ●ed●le with, or endeavour to condemn to death a mere Commoner, as Mr. Cromwell hath done in the case of William Thompson a mere Commoner, as he hath fully proved himself to be, in his ●●●e and impartial printed relation, dated from White Hall the 12. March, 1647. whom upon the 16 Fol. 1647. he took from the House of Commons door, and most illegally by word of mouth, and force of Arms committed prisoner to his Mercenary junisaries at Whitehall, where to the ut●er levelling & subverting of Magna Charta, and the Petition of Right, etc. he hath passed upon him a sentence by Marshal Law, to be shot to death, and your House (who should be the preservators and conservators of the laws and liberties of England) take no notice of the poor man's dying condition, to redeeem him as you ought in duty and conscience to do, out of the clutches of that grand Usurper and Tyrant Cromwell, and to punish him, etc. severely therefore, but by your silence, you rather seem to justify that murdering and tyrannical action, yea and so carry you ●●●ves in it, as though you were resolved without check or comptroule, to give him leave to murder and destroy all the honest men in England at his will and pleasure, that he bears a malic● to: the full discovery of the evil consequence of which single precedent of Thompson, will be worth the Kingdom, knowledge, which in due time to your eternal shame amongst men, it may be the may enjoy, which is may be may in time bring Cromwell for all his arbitrary proceed again and subvertion of the fundamental law of the land, to the punishment of Empson and Dudley Privy Consellours to Henry 7. who yet had an Act of Parliament to authorize their proceed of whom and their arraignments and ends, you may read in the 2 part institutes fo. 51. and 3 part. fo. 208. and 4 part fo. 41 196, 197, 198. and in john Speeds Chronicles. fol▪ 978, 983. But Sir, before I totally conclude, I cannot but acquaint you, what a lving, desperate, and malicious design, Cromwell some months ago had to destroy me, and take away my life, who by his mercenary Emisaries, Paul Heison, and Lieut. Col. H. L. groundlessly raised a report all over the Army, that I had told the foresaid Lieut. Col. that some of the late Agents had a design or intention to murder and kill the King, which was and is the most notoriousest and fals●lye in the world, for I do protest before men and Angels, I never said any such thing in all 〈◊〉 life to any man breathing, nor never was so told from any of the Agents or any of their friends and I will justify what I now say with my life, against any man breathing that shall have so much baseness and impudence to affirm the contrary against me, viz. that ever be heard me say such words, yet upon this complotted and contrived lie of Cromwell, and his pencionary creature's (for no other can I judge it) he writ his Letter to Col. Whaty, the King's Gaoler at Hampto● Court, that he had certain intilligence of the Agents intent to murder and kill the King, whic● letter Whaley shown to the King, upon which false suggestion and lie of Cromwell and his confederates own framing, the King fled (no doubt with Cromwell's privity, knowledge, and good l●king) into Cromwell's mouse trap in the Isle of White, and after his departure it was bruited by Cromwell's instruments, all up and down the Army, City, and Country, that I was the original reporter of it, from whence to the hazard of my life they drew this inference, viz. That john Lilburne in the Tower, who pretendedly stood so much for law and justice, was one of the Conspirator to kill or murder the King, without all shadow of law, and further said, that he that without a●● colour of law would not stick to have a hand in murdering the King, would not stick without the colour of law, if he had power in his hands, to destroy all those that stood in his war, (thereby measuring me by their own practices, and by their own principles, laid down by their darling Solicitor St. john, in his plea, of Law against the Earl of Strafford) and therefore it is necessary (said they) to keep him fast in the Tower, & this, or the substance of it with much confidence wa● reported by men of quality to divers desperate Cavalier on b And yet at the same time Cromwel's agents and instruments amongst honest men in London, reported me to be an absolute Cavalier, and stuck not with confidence to declare I was commonly drunk with Judge jenkin's, &c. in the Tower, hoping thereby to destroy my reputation amongst honest men for ever. purpose (as I cannot but conceive) to set them upon me to stab me or cut my throat, some of whom told me of again, protesting they could not believe that report of me but I wondered and stood amazed from whence it should arise, having for myself protested again and again upon many discourses with my friends, &c that I could never see an● law in being in England to enable the two Houses of Parliament itself, to draw up a charge or impeachment against the King, to enable them formally and judicially to try him for his life, either for wilful murder or misgovernment, &c and to take away his life by a law made expost fa●●o, I then declared, and for my part still do● think is not just, And an impeachment by the Parliament, which they judged legal was the highest that ever I knew any man to attempt c But yet in reason and equity I cannot apprehend a reason, why a King (who is but a mere creature as well as any other man, and at most is but a Magistrate of trust) for murder, 〈◊〉 should not be as liable to punishment amongst men, as any other man, (though I confess I ●●ver could see any thing by the Law of England to declare the King of England so) for this I 〈◊〉 sure of, God the Supreme King, never created any man whatsoever lawless, which he must 〈◊〉 be, that is free and above the punishment of all law, and I am sure nature and reason reaches me to hold or tie my Father's hands, (at least) if with them he should do so unnatural 〈◊〉 thing as to go about to destroy me, and therefore seeing in my apprehension there is a defect in ●●is particular in the Law of England, I shall for the future wish, desire, and endeavour by all befall and just ways and means, that all whatsoever may be bounded by law, and subject to the punishment of the Law, professing before all the world, that I know nothing that makes a ●an a Magistrate over me but law, and while he walks by the rules of that Law which make him a Magistrate, I shall own him as a Magistrate, but when he tramples it under his feet, and walks by the law of his own will, I for my part in such a condition cannot own him for a Magistrate. or desire) which I could never learn perfectly till I lately spoke to him of ●●e Agents that were in prison at Windsor, and see and read their petition to their General, earnestly to press and desire him to search into the bottom of that false and groundless ● p●rt, which its believed usurping, tyrannising, Cromwell, would never suffer him to do, be being his Lord and Master, a copy of which petition you may read at large in the 52. pag. of my forementioned book, called the People's prerogative, but I must take a fit time of purpose to discover ●●lly this desperate plot of Cromwell, and his associates against my life, and the reputation, and ●●ves of the gallant and honest Agents, and their Noun Substantive Associates, who by him and his fellow Tyrants, are nicknamed and baptised Levellers, which title (as I have in my last printed book fully proved) is only proper for himself, and his fellow grandees, who have already actually Leveled all our liberties, laws, properties, and lives, to their tyrannical, lawless wills and pleasures, so that really the quandom free men of England, cannot say they can enjoy any of them, l●●ger than the Grandees will and please, yet to that height of tyranny are they grown in the very ●●my, that even in the General's Regiment of Horse, some of their weather cock Mercenary Officers, have already commanded the Soldiers, not to go or ride a mile out of their quarters without have at their perils, nor to talk nor discourse of news, or of state affairs, with any Country men or Soldier, so that if they do a little longer proceed as they have already begun, verily, verily, Englishmen shall not differ from bruit beast but in shape, and shall be worse than ever our ancestors were in that tyrannical age of William the Conqueror, whose tyranny, is lively set forth in the beginning of that notable book called Regal Tyranny, a true parallel of which, if I have ●o more employment than I find in a prison, may shortly be the work of my pen, but at present I shall take my leave of you, desiring now at last for you if it be possible you may turn honest and do me some justice, before fear, vengeance, and judgement sweep you from off the land land of the living. to the place of recompense of all Tyrants and oppressors, and so I rest. Yours to serve you (if you would but faithfully serve your native Country) till death, john Lilburne, that neither fears a Tyrant nor loves an Oppressor. ●rom my most illegal, and murdering imprisonment it the Tower of London, this 4. April, 1648. going in the eight year of my fruitless expecting justice from the House of Commons, who now make it their principal study and work, to cheat and deceive the poor people of the Kingdom of their money, in raising it for other pretences, and then share and divide it by thousands and ten thousands amongst themselves, and suffer the poor Widows and Orphans, that have lost their husbands and fathers in the wars, (and have long waited at their doors for their dear bought wages, without pity, relief or compassion) to die and starve for hunger and cold, whose blood cries loud in the are● of the Lord of hosts for wrath and vengeance upon them. The forementioned Letter to the Apprentices of London thus followeth: To all the brave, courageous, and valiant Apprentizes of the honourable City of London, but especially those that appertain to the worsh●pfull Company of Cloth workers, (of which company, if I l●ve I hope to be a Free man.) THe kind and hearty salutation, together with the grievous deplorable complaint of me Ioh● Lilburne, a most miserable, distressed, and cruel, oppressed, exceeding close prisoner in the Common G●o● of the Fleet, against all law, equity, justice and conscience, in which condition I am like t● he murdered and devoured, in my innocency, and for my courage and boldness for my Prince an● Country, against the Capital and open enemies thereof, the traitorous Prelates and their most wicke● confederate, and for my love to the welfare, and prosperity of all my faithful fellow-Subiects an● Apprentizes. WOrthy fellow Prentices it is a Maxim in mortality, that the glory o● the great and Sovereign Creator, and the Common good of 〈◊〉 Kingdom or City, aught to be preferred before a man's own particular liberty or welfare. The knowledge and consciousness of which, hath made me fo● the glory of my God, the good of my Country, and the future good o● you my fellow Prentices, to abdicate all, and hazard and jeopard my estate, hopes, and fortunes in his world (which in outward liklihood would have been no smal● portion) yea my sweet life and liberty. For being banished from my Master's service (who liveth near Londonstone) in June or July next will be two years; for no offence nor trespass in the world but only because the Prelates knew that I was a familiar acquaintance and Visitor of that Noble and renowned D. Bastwick, who stood out valiantly, bravely and courageously against them, for the honour of his God, the good of his Prince and Country, and the prosperity of you● my fellow Prentices. My exilement was into Holland, where I spent my time, not like a drone, but for the welfare of England, and all true hearted English men, I both with my purse and person laboured both night and day, for the accomplishment of which, I both early and late without weariness, traveled without the assistance of any man's purse but my own, and my industry, by boat, and shipping by water, and on my fee● by land, of which the enemies here to the King and State being informed by their Scouts in Holland they out of malice, and envy at me for my good service to this land, at my coming over again ●ast me in the Gate house prison in Decemb. last was 12. Months, but as the Lord ordered it by his overruling providence, it was for a thing I was clear of (as I truly declared unto the Nobles, and Peer, of the land when I was before them) [a] see my examinations and defence at the Star-Chamber bar etc. called the Christian man's trial reprinted by William Larnar at the black boy in Bishop's gate street. yet they kept me wrongfully in Prison ever since; against all law justice equity, and conscience, exercising such bloody tyranny, murdering cruelty, devouring oppression (in laying me in Irons, keeping me 15. months together closely Prisoner, keeping my victuals & friends f●om me, & beating threatening & most shamefully abusing those that came to seem & relieve me, threatening & exercising cruelty upon the poor Prisoners, that but seem to favour & p●●ty me) that the like example of cruelty I dare maintain it, is not to be found among the Heathens, and pagans, Turks and Infidels, (as I have truly in my late grievous lamentaced and just complaint to the right honourable the Lord Major of the City of London entitled A Cry for Justice and the right worshipful Aldermen his brethren, and all the rest of the grave and worthy Citizens published and which I have more largely in 3. several books in print, being forced by unheard cruelty thereunto) declared and published unto the view of England, Scotland, Ireland and Holland, which if you be pleased to inquire after, you may meet with in the City. But now to come to the thing, I desire of you my fellow Apprentizes, it is but thus much, that ●●ag I am in the hands and custody of corrupt cruel, oppressing, murdering, poisoning, starving 〈◊〉 a thirsty Hangmen jailors (as I have truly declared in my last week's complaint before named ●●at Copy of which I have sent you) and seeing all hopes of lively hood is taken away from me 〈◊〉 that I now live and subsist by the miraculous power and providence of the great omnipotent ●ed of Heaven and earth. And I having had a grievous and dangerous sickness well nigh these 11. months ●y reason of my cruel whipping, to the number of at least 500 strips; Which with much 〈◊〉 was punctually ●●ed before the ●●ds upon oath the 〈◊〉 Feb. 1645. as ●n●●e printed relation ●●ereof, you may 〈◊〉 page. 3. 4. and long lying in Irons upon both hands, and legs night and day, with other barbarous tyranny and cruelty: and seeing that now my friends are not suffered to come at me, to look to me in my weakness nor bring me victuals, and I daring not to eat any for fear of being poisoned (as I truly told the Warden not many days ago) but what my own friends deliver into my own hand, in regard several Prisoners have here been poisoned and other murdered, for one of which Murry my upper keeper was arraigned as Newgate, and my under keeper hath been a Hangman, being fittest for that employment, being of such a doged churlish and cruel disposition that he seems to be a man without humanity. In consideration of all the premises, (most worthy fellow Apprentizes) with multitudes of ●●re deplorable grievances, which time will not suffer me to let down, I being now out of all ●●ward hopes, if you get not speedy redress for me, but that shortly my life and blood in cruel 〈◊〉 imprisonment will be shed and taken away. therefore my earnest and importunate request & desire unto you, (my loving fellow Apprentice) is but this, that you would be pleased to take my aforesaid, just and miserable complaints which I have sent you, and by hundred or thousands go in a faite and peaceable way in my behalf to the honourable Lord Mayor of this City, and desire him that it may be read to him in 〈◊〉 hea●ing, and importune him without rest, that I may be forthwith removed out of this mur●●●ing Prison, to any other prison in the City for the safety of my l●fe, where if I may have but ●●e liberty of a faithful subject which my supported innocency doth challenge for me, and which ●●e Laws of my Sovereign Lord King CHARLES doth afford unto me, I will p●t in sufficient ●●●●erity without exception for my safe imprisonment, to answer at all ●imes, whatsoever shall be ●ected against me, by the mightiest and potentest of my enemies. But take notice of this, that for my own part (God is my witness) I do not send unto you to 〈◊〉 a tumult, or uproar, that so, for fear of the Law, and the rigour of justice for my offence, I ●●●y escape by flight, and so save my life, no, I scorn now to fl●●, for I was never borne to be a s●●●sser for to fly, and my unspotted and untainted innocence is such that I dare with inward peace 〈◊〉 boldness abide the touchstone, and the extremity of the Law, and a public trial before the ●ea●est potentate in England, for I desire no mercy nor favour at any of my adversaries hands, 〈◊〉 only the benefit of my Sovereign's Laws, and in the maintaining of my innocency. I do here ●●●claime it, that if I had absolute liberty to go whether I please, I would come to fly, for I 〈◊〉 resolved by the might and strength of my God, for the honour of my King and Country, and ●e good of future generations, to fight it out so long as I have a leg to stand on, and to wage ●●●ofessed war so long as I have drop of blood in my billie; with the domestic and home bred●● ne●●s of the King and State, for I have a Soldier, heart within my innocent breast. And with my ●●●itall adversaries, the chief of which is the devil, that devouring Lion, and the Prelate of Canterbury, that guilty Traitor, (as upon the loss of my life I will maintain) and with the Lord kee●er Coventry, that unjust and unrighteous judge (that passed a wicked and unlawful censure up●n me) and My Gaolers, those murdering, poisoning starving, and grand oppressors: against all ●f which by the strength of God, (if I live) I will prosecute the Law for all my wrongs sustained 〈◊〉 them. Oh! therefore my fellow Apprentizes, I cry out unto you, to provoke you to zeal for God, and his glory, and to courage and boldness to stand for liberties and privileges, which are granted to us by the Parliament laws of this Land, against the wicked Prelates supported with the power assistance of the unjust Lord keeper. My ●ope is I shall not need to press you with multiplicity of arguments (oh my fellow Pre●zes) to fulfil my forced desire in regard it was so just and equal, and in regard I am like to be m●●thered for innocency, and eye for eye, tooth for tooth, skin for skin, and all that a man ●● will he gave for his life, for the saf●y of which I am pressingly forced to send in this man● unto you. The fulfiling of what I desire you, cannot in the least, lay ye open to the punishment or s●●tence of Justice, in regard my just complaint doth arise from lawless oppression, and wrong, for deliverance from which I have already used exceeding much fair, peaceable and lawful mean● from time to time, without intermission, with multitudes of humble petitions both to the K●●● and the Nobles jointly, and severally, yea and with mornfull petitions supplicated the Illustrious Queen of Bohemia to solicit the King her Brother about me, which I caused to be sent to 〈◊〉 friends, and acquaintance at the Hage, to be delivered to her; but by reason of the greatness the Prelate of Canterbury, and the Lord Keeper, and the Warden of the Fleet (from all of which have suffered the height of misery and wrong, I can have no redress or answer to any of them 〈◊〉 they daily load me with more and more cruelty, for my complaining of purpose to take away 〈◊〉 life for my unspoted innocency, Wherefore unto all you stout and valiant Prentices, I cry out murder, murder, murder 〈◊〉 murder, wherefore as you pity the most miserable and deplorable codition of me who am y●● stout and courageous (though sore) afflicted fellow Prentice, give the Lord Major no rest, till 〈◊〉 by the assistance of the noble Lord protector, fulfil my just and equal desire, that so my in●●cent blood may be preserved, that I may live in future time, to do my King and Country a this honourable and noble City, of which I am most oppressed member, faithful and true ●●●vice; which if I were delivered from my cruel condition, and were well of my weakness 〈◊〉 sickness which I have had for many months together, were able to do, if need did require, ●●ther with sword or Pen. For if I have a good cause to ground my quarrel up●● I durst venture to combat with any man whatsoever, that steps upon the ground though perished in the battle, for my Mother did not bear me to be a Coward, or a Son of base 〈◊〉 slavish fear. Now if you should inquire what I am, I truly answer in the expression of the world, I am 〈◊〉 second Son of a Gentleman in the North parts of England, 200. miles from hence, descend●● of an ancient and worshipful Family (according to the estimation of the world) and about 〈◊〉 and two years of age: whose predecessors have been men of valour, and did with their Swo●●● good service to that noble Prince Henry the 8. at the conquest of Bulloign in France, and 〈◊〉 Father in his youthful days in his service at the Court, beware a gold Chain as the badge and 〈◊〉 very of an Illustrious and Noble Earl of this land. And for my Mother she was a Courtier borne, bred, and brought up, where she ended her da●● whose Father wa●●● Household Officer to that famous Queen Elizabeth, and afterwards to Roy●● King James. But alas, alas my kindred, though some of them be rich and great in the no●●● have all long since left me, in regard of the greatness of my adversaries whose power they 〈◊〉 afraid of, and I have not one of them to stand by me: wherefore if my fellow Apprentizes 〈◊〉 not now at a pinch lend me some speedy help, now my life lies at the stake, and is like every ha●● to be taken away by bloody Gaolers in the Fleet, I am like in a few days to perish in my ●●●stressed condition, for verily there is but a step betwixt me and death. So remembering my kindest love unto you all, desiring speedily to hear from you, and w●●● good success you have, I commit you to God and rest. Your faithful, stout and courageous fellow Apprentize (though now in the depth of mis●●● and distress) john Lilburne. From the murdering prison called the Fleet, the cruelest Geole I think this day under the s●●●● the 10, day of this 5. month of May, in the year of remembrances 1639.