The resolved man's Resolution, to maintain with the last drop of his heart blood, his civil Liberties, and freedoms, granted unto him by the good just, and honest declared laws of England, (his native Country) and never to sit still, so long as he hath a tongue to speak, or a hand to write, till he hath either necessitated his Adversaries, the house of Lords, and their Arbitrary Associates in the house of Commons, either to do him justice and right, by delivering him from his causeless and illegal imprisonment, and handing out unto him, legal and ample reparations for all his unjust sufferings or else send him to tyburn's: of which he is not afraid, and doubteth not if they do it, but at and by his death, to do them (Sampson like) more mischief, than he did them all his life. All which is expressed and declared in the following Epistle written by Lieut. Coll. John Lilburne, Prerogative Prisoner in the Tower of London, to a true friend of his, a Citizen thereof, April 1647. Isai●h 1.23, 24. Thy Princes are rebellious and Compa●o●● of Th●●v●●, every one loveth gifts, ●●d followeth after rewards: they Judge not the fatherless, neither doth the cause of the widow ●●m● unto them. Therefore saith the Lord, the Lord of h●st, the mighty one of Israel, Abel will ●●●se ●●e of my adversaries, and avenge me of ●ine enemies. Acts 13 6, 7, 8. But when Paul perceived that the one part were Sodduces, and the other Phe●●s●es, be cried out in the Council, Men and brethren, I am a Pharisee, the son of a Pharisee: of ●●e hope and resurrection of the dead, I am called in question. And when be had so said, there a●●●e a dissertion between the Pharisees and the Sadd●●es: and the multitude was divided. For ●●e Sadduces say that there is no resurrection neither Angel nor Spirit: but, the Pharisees confess ●●th. And there arose a great cry: and the Scribes that were of the Pharisees part, arose and ●●rove ●●ying; We find no evil in this men: but if a Spirit, or an Angel hath spoken to him, let us not ●b● against God. Acts ●●. 8. While he answered for himself, Neither against the law of the Jews, neither 〈◊〉 ●●●st the Temple, nor yet against Cesor, have I offerded any thing at all. Verse 16. To who 〈◊〉 answered, it is not the manner of the Roman● to deliver any man to d●e● before that he which is accused, have the accuser face to face, and have licence to answer for himself concerning the crime ●●d against him. Acts 22.25. And as they bond him with things, Paul said unto the Centurion that stood by, is 〈◊〉 lawful for you to scourge a man that is a Roman, and 〈◊〉 can denned, and verse 28. But Paul said, ●●t I was free borne. TRue friend, after my real respect presented unto ●ou etc. I desire in inform you● that I am told, you are very much troubled at my proceed with the Committee of the House of Commons, upon Monday, the 8. of Feb. 16●6. That after I had stood so stiffly at the beginning with them, upon the Lowes, Rights and privileges every free man of the Kingdom, that I should undo all, and ●●●ny fi●me hold go, by answering at last to their Interrogatories, by which you say, I updid all I had done, and went against m●● own declared principles, and not only so but by owning my book, have exposed myself to a gre●●● deal of hazard and danger, which I might easily have avoided, if I had not answered their Interrogatory. Upon serious consideration hereof, I judge myself bound in duty to myself, to write these lines unto you, for your satisfaction, and my own vindication, and therefore I shall begin to gi●● you so true and real a Narrative of my whole proceed with them, as the utmost of my memory will enable me, part of which you yourself were an eye and ear witness unto, and it was in this manner. About 9 a clock upon the foresaid Monday, Lewis a servant to the Sergeant at Arms, came to my lodging in the Tower, and shown me a Warrant he had to take my wife into safe custody, for dispersing some of my last books, and I told him it was very hard, for any Committee of Parliament, to send forth a warrant to make my wife a Prisoner, before they had heard her sp●● for herself, or so much as summoned her to appear before them, and I plainly told him it was was more than by law they could justify, but how ever, I bore so much honourable respect unto the House of Commons, and all its Committees, that I would not persuade my wife to conte●●● their warrants, but if he pleased to take my word for her appearance, I would engage my life for her, that she should be punctually at the hour appointed, to wait upon the Committee to know their pleasure: which engagement he was pleased to take, but withal told me, he had brought warrant to the Lieutenant of the Tower, to carry me before the Committee at two a clock in the afternoon, but I told him, unless I see and read the warrant, I should not go, but by force 〈◊〉 compulsion, and ●●●refore if he pleased to go with me to the Lieutenant, and get him to let me read the warrant, I should readily obey it, which he did accordingly, but time being very short, I considered with myself what was most fit for me to do, for I assured myself I was to go before those, divers of which, would bend all their incensed malice and indignation against me, and make use of all their power and wits, to entrap and ensnare me, and therefore, I listed up my soul to my old and faithful Counsellor, the Lord Jehovah; and in my ejaculations, pressed my Lo●● and master, with a great deal of grounded confidence and clearness of spirit, to declare and manifest his faithfulness, in being present with me, to counsel, direct, encourage and stand by me, according to his promise of old (made unto me) in the tenth of Matthew, and to his praise and glory I desire to speak it, he presently came into my soul with a mighty power, and raised me high above myself, and gave me that present resolution that was able to lead me, with a great deal of assured confidence to grapple with an whole host of men; But in my own spirit I was led presently to take care, to do something for my wife as the weaker vessel, that so she might not be to see● in case she were called before them, and for that end, I drew her presently up a few lines, which I read unto her, and gave her instructions, that upon the very first question they should ask her, she should give them her paper, as her absolute answer to their question: unto which she readily assented, and set her name to it, which verbarum thus followeth. To the Honourable the Committee of the Honourable, the House of Commons, for suppressing of scandalous Pamphlets. The humble addresses of Elizabeth Lilburne, wife to Lieut. Col. John Lilburn, prerogative prisoner in the tower of London. Feb. 8. 1646. Gentlemen, YOu have all of you taken the Covenant, (for you have made an Order, that no man shall sit in your House, that will not take it) where you have sworn to maintain the fundamental Laws of the Kingdom, and for you to examine me upon Interrogatories, is contrary to the fundamental Law of the Kingdom, (and for me to answer to them, is to be traitorous to my own liberty) or for you to proceed by any other rules to punish me, for any real or pretended crime, but what is declared by the Law, is unjust and unrighteous, and therefore I humbly entreat this honourable Committee, seriously to read and consider the Statute of the 42. of Edward the third, Chapter 3. which thus followeth. Item, At the request of the Commons by their Petitions put forth in this Parliament, to eschew the mischiefs and damage done to divers of his Commons by false ●●●users, which often times have made their a●●● a●onmo● for revenge, and since for benefit the● for the profit of the King, or of his people, which 〈◊〉 used persons, some have been ●aken, and sometime caused to come before the King's Counsel, Which the Parliament is. by 〈◊〉 or otherwise upon grievious pain against the Law this assented and accorded, for the good governance of the Commons, that no man be put to answer without presentment before justices, or matter of record, or by due process and writ original according 〈◊〉 to the old Law of the land, and if any thing from henceforth be done to the contrary, it shall be 〈◊〉 ●oid in the Law, and holden for error. And suitable to this is the 19 chap of Magna Charta, and ●he 5 E. 3.9. and 25. ●. 3.4 and 28. E. 3.5.37. E. 3.18 which are all and every of them con●●rmed by the Pe●●tion of Right, made in the third year of the present King, which expressly saith." No 〈◊〉 man ought to be adjudged, but by the laws established in the Realm, and not otherwise, which ●et●tion of Right, you yourselves have in every point confirmed, as appears by the Seatu●e that aboli●●th the Star Chamber, and by the Statute that abol●sheth Ship-money, and you yourselves with your and lifted up to the most high God, have often sworn, vowed, protested and declared, you will main●ine, preserve and defend, the fundamental laws of the land, and square your actions accordingly, and ●●recate the wrath and vengeance of the great God of Heaven and Earth to fall upon you, when you ●ase to perform what there you swear to, and declare, and therefore Gentle men, what thoughts soever displeasure you have towards me, I hope you will be so tender of your own honours and reputations, that will not in the least indervou● to deal with me contrary to the true intent and mea●ing of the forementioned laws, but if you should, I cannot stoop unto any tried that i● contrary to the pattern of the ●rem●ntioned honest, just and good laws, and if you please to ●e me ●●●y the benefit of them, I shall be ●●●dy to joice issue with you, whensoever you please, and legally to answer whatsoever. I have said and ●on●, and so I humbly take my leave of your honours, and rest. ●●sbr. 8. 1646. Your servant, Elizabeth Lilburne. And having finished hers, and taken care to get a copy of it, I begun to think what to do fo●●y self, and being very confidently persuaded, that they would show me my book, and ask me if I ●ould own it for mine, because this was their method the last year with me, as you may fully ●ad, in a printed Epistle I writ to you last year, when I was a prisoner under the S●rgeant at Arms ●f the house of Commons, which Epistle is dated july 25. 1645. And in my answer to William Prinus notorious lies and falsehoods, * Which he was so ●ree of, that he did print 13, or 14 in ●ight lines, as you there may read, pag. ●, 5, 6. see also pag. ●5. ●him. called Innoceney and truth justified, pag. 6. 13, 14. 15. 16. And therefore I fell to my pen and ●●k●, but before I had writ a quarte● of that I intended, myself to give into the Committee, my keeper came, and told me it was paston● a clock, and therefore full time for us to be gone, being we were to be there by two, and in regard it was so very cold, we marched all the way by land, and coming to the outward Court of of wards before the. Committee said, I fell to perfect what I had begun, and as I was at work, out came to me a Citizen and told me there was a young Gentleman in a for ●acket who looked something a squi●●, pressed with a great deal of cho●er and indignation, that I might be immediately called 〈◊〉 to answer for my notorious crime, or writing the Oppressed man's oppressions declared, which I say 〈◊〉 a book of truth and honesty, and ●●●st as I had done, I was called in before the Committee, wh●●e I found (as I conceived them) 〈◊〉 ●reat many of the little better than the evish catch-poule Stationers, whose trade it is for divers of them illegally and little better than feloniously, to break open honest men's houses and I 〈◊〉 Thiefs and Rogues, carry away their true and proper goods, * As lately whit taker the Bookseller, etc. did mine the other day, loading away 3. Porters with my proper and truly come by goods, for which by God's assistance I intent to arraign them as felons, and hang them if Law will do it. and a very large company of Parliament men, as ever I see at a Committee to my remembrance before, and looking well abou● me, the most of them were to me men of new faces, and one of them appeared to me, to be one of pryn's infants or Minors, not above 18. years old as I conceived, but amongst them all I see not the face of one of my old acquaintance. And after I had ●endered my respects to Mr. Corbet, the Chairman thereof, he took a little book and read the title of it, The Oppressed man's Oppressions declared, etc. and also turned to the last end of it, and read the conclusion, which was subscribed john Lilburn Semper idem, and told me he was commanded by the Committee, to ask me this question, whether I would own that book for mine or no? unto which I answered. Sir, with the favour of this honourable Committee, I shall humbly desire to speak a few words, well said Mr. Corbet, answer to the question, Sir, said I, if you please to give me leave to speak, well and good, if not, if you please to command me silence I shall obey you. Saith he the question is but short therefore answer to it, either I or no, Sir said I, I am now past a school boy, and have long since learned to say my A, B, C, after my master, but have now attained to a more ripe understanding, so that I am now able to speak without being dictated unto what I should say, and therefore if you please to give me leave to speak my own words in my own manner and form, well and good, if not, I have no more to say unto you: Sir saith he, the question is but short, therefore you are commanded to give a positive answer to it, unto which I replied, Sir if you will not let me speak my own words, in my own way, I will neither tell you, whether I will own it or disavow it, and with that he took his pen and writ part of what I said, and read it to me. Sir said I, what you have writ, is not full what I said, and therefore if you please to give me pen, ink and paper, I shall write what I said myself, and set my hand unto it, which he refused, but divers of the Parliament men, pressed him to keep me to the question. Unto which I said, Gentlemen, if you please to give me leave to speak, well and good, if not lets come to an issue, and command me out of doors, for I will not answer you till I have free liberty to speak, upon which one or two of the Committee said, let him speak, but saith Mr. Corbet, if after you have liberty for to speak, will you return a positive answer to the question? yea, Sir said I, that I will, well then speak said he speak. Sir said I what I have to say, is in the first place, in reference to the house of Commons, for apprehending with myself, that my carriage and speeches this day before the Committee, may be represented to the honourable House of Commons, to my detriment and damage, I therefore judge it convenient for me to fortify myself as well as I can, and therefore I desire humbly to declare; that I own the constitution of the honourable house of Commons, as the greatest, best, and legallest interest, that the Commons of England have for the preservation of their Rights and Liberties, and I do not only own their constitution but also I honour their authority and power, and the power and authority of all Committees, legally deriving their power therefrom, and shall readily and cheerfully, yield obedience to all their commands, provided they act according to the rules of justice, and to the good known laws of the hand, but not otherwise. And in the second place, I desire to speak a few words of my thoughts of this Committee, but I was exceedingly interrupted, not only by the Chairman, but also by other Members of the House, and very much pressed to give an answer to the question, which made me say, Mr. Corbet, if you please to let me go on in my own way, well and good, if not I have no more to say to you, for I came not hither of my own head, to make a complaint unto you of my own, but I was sent for by you, (as I conceive) in a criminal way, to answer something before you in which regard, it behoves me to stand upon the best guard that either law, reason, or judgement can furnish me with, and being that I apprehend, I am so much concerned in my present appearance before you, it exceeding much concerns me, to be very considerate and wise, in managing my business before you, therefore i● you please, let me go on to speak out what I have to say, and I think in conclusion, I shall give you as positive an answer to the question as you desire. So up stepped a welsh Gentleman, one Mr. Harbert, as I remember his name, & desired Mr. Corbet to let me speak on for saith he, you hear him promise to give you a positive answer to your question. Well then saith Mr Corbet, but will you as soon as you have spoken give a positive answer to the question? Yea, Sir said I, (and clapped my hand upon my breast) upon my credit and reputation will I, then go one saith he. Well then Sir said I, two words concerning this Committee, and that at present I have to say is this, that I look upon this Committee, as a branch deriving its power from the House of Commons, and therefore honour it, and I look upon you in the capacity you fit here, as a Court of justice, and I conceive you look upon yourselves in the very self same capacity, but in case you do not, I have no more to say unto you, neither if ye be not a Court of Justice, do I conceive have you in law, any power at all to examine me. But none of them replying upon me, made me take it for granted, they took themselves for a Court of justice, and therefore I went one and said, if you so do, that is own yourselves for a Court of justice, than I desire you to deal with me as it doth become a Court of Justice, and as by law you are bound, which is to let me have a free, open, and public hearing. For Gentlemen, you have all of you taken the Covenant, in which you have lifted up your hands to the most high God, and sworn to maintain the laws of the Land. And it is the law of the land, that all Courts of Justice ever have been, are, and aught to be held openly and publicly, (not close like a Cabinet Counsel) from whence no Auditers are, or aught to be excluded, * See Mr. pryn's relation of Colonel Fines his trial, pag. 11. 12, 13. and Regal Tyranny discovered, pag. 81. 82. 83. and therefore as you would not give cause to me to Judge you a company of forsworn men, I desire you to command your door to be opened that so all the people, that have a mind to hear and see you, and bear witness, that you proceed with justice and righteousness, may without check or comptrole, have free access to behold you, they behaving themselves like civil men. But here arose a mighty stir by some Parliament men, who declared, fiery indignation in their very countenances against me, but especially, a Gentleman that sa●e on the left hand of the forementioned Gentleman in the fur jacket, who pressed vehemently to hold me close to the question, and keep to their Committee proceed, but truly I conceived the Gentleman to be but a very young Parliament man, and one that neither had read, nor understood the laws of England, and therefore Sir said I to him, to stop your mouth, I tell you, I bless God, I am not now before a Spanish Inquisition, but a Committee of an English Parliament, that have sworn to maintain and preserve the laws of the Kingdom, and therefore Mr. Corbet, I know you are a Lawyer, and know and understand the laws of the Kingdom, and I appeal to your very conscience, whether my desire of an open and public hearing, be any otherwise then according to Law, sure I am Sir, it was the constant practice of this very Parliament at the beginning thereof that in all their Committees whatever, where they sat to hear and examine criminal causes, that they always sat open, and I speak it out of my own knowledge, that you were then angry with any man amongst yourselves, that did press or move that you might fit in a cabinit and clandestine way, and truly Mr. Corbet, I think this Committee would take it very ill at my hands, if I should affirm you are more unjust & unrighteous now, than you were at the beginning, for I myself, had about half a score public hear at a Committee about my Star-Chamber business, and therefore being now before you, upon a business in my thoughts, of as much concernment to me as that was: I beseech you, let me have the same fare and just play now, that then I had, and give for t●e ●ust cause to me and others, to say your actions and proceed are unrighteous and u●●ost, and therefore you sit in holes and cornt●s, and dare not abide the public view of your actions, which will be too clear a demonstration to all the world, that your deeds are evil, john, ●. 10.21. Well Sir said Mr. Corbet, here is company enough to hear you, therefore you may go on, true is is Sir, here is enough of my enemies, but I see never a one of my friends: therefore if your please to command the door to be s●t wide open, well and good, if not will not say one word more unto you, so I was commanded to withdraw, which I did And being called in again, Mr. Corbet told me, be was commanded by the Committee to ask me the question again, whether I would own the took of no● But I told him I was the same man now, that I was when I withdrew, and therefore I said nul●●le they would command and order the door to be opened, that every man that had a mind to co●● in, might come in without let or molestation, I would returns a● answer i● all. With that one of the Gentlemen said, the door is open, and so it was, and whether they had given a private Order to the door keeper so to do I know not. Well Mr. Corbet said I, it is not an accidental or casual openning of the door will serve ●oy turn, but an orderly and legal openning of it, as that which ought to be done of ●ight and justice, and therefore Mr. Corbet, if you please as you are Chairman of this Committee, to command the do●● to be set and stand wide open, I shall go on, it not, I shall be silent. Well then door keeper (saith he) set open the door, now Sir said I, with your favour, I shall express myself a little further to this Committee, whereupon I opened a written paper I had in my hand, and began to look upon it, but Mr. Corbet told me, the question was so short, that it needed no long answer to it, and therefore I might spare the labour of using my paper Good Sir sail, beseech you, afford me but so much privilege as you do every ma●cena●y Lawyer, that pleads his Client's cause for a fee before you, to whom you never deny the benefit of pleading by ●lse help of his notes or papers, and I know no reason why I should be denied the same privilege in my own case, and therefore I humbly entreat you, to afford me the benefit of looking upon my own paper, but said Mr. Corbet, how came you to write these paper? did you know before hand what we would say to you? O Sir said I, you may remember I was several times before you in this manner the last year, and very well remember the method of your illegal proceed with me then, * Which you may fully read in the forementioned Epistled ●ited july 25. 1645. and lanocencency and Truth justified. and being by you summoned now again to come before you, I eid very strongly conjecture, that you would tread in the method of your old steps of Interrgatones, and therefore I judged it but wisdom and foresight in me, to sit myself for you, and accordingly I have writ down the substance of what I have to say to you in this paper, saith Mr. Corbet, give me the paper and we will consider of it, no Sir said I, I beseech you excuse me, for you have been so hasty with me, that I had no time to copy it over, and I do not love to part with my papers in this nature, without keeping copies of them, but if you please to let me go on, either to read it to you, or to say it by ●eart to you, now and then looking upon it I shall very willingly give you a true copy of it under my hand. I pray you Mr Corbet, said the afore mentioned, Mr. Harbert let him go on, which he assented unto, and I purposely past over the preamble of it, having already as I told them touched upon it, and begun in that place, where mention is made of the Star-Chamber. With which Sir William Stri●kland interrupted me, and laid Mr. Corbet, I do not like nor approve of raiking up these things, much less in comparing us to the Star Chamber, therefore I wish Mr. Lilburne would be persuaded to forbear these dishonourable expressions, for they are not handsome. Good Mr. Corbet I beseech you hear me a little, for under Sir William's favour, I do not compare you to the ●●●ar Chamber, but if you would not be compared unto it, than you must not walk in its unjust, 〈◊〉 illegal ways, but Sir said I, for Sir William's further satisfaction, I desire to let him know, I do ●onour the true and just power of the House of Commons, as much as himself, and have adven●●ed my life and blood, for the preservation thereof, as cordially, really and hearty, in the singleness and uprightness of my soul, as any man that at this day sits within the Walls of that house, ●●ha●●ver he be, and I have still the same love and affections, to the just interest of that house, and ●●●e same zeal to maintain it that ever I had, and it doth not in the least repent me of what I have ●●●merly done or suffered for it, though I think by their late deal with me, I have as true and ●●●ounded cause administered unto me by them, to repent, as any man in England either hath or ever 〈◊〉, & therefore Sir, under your favour, although I be very unwilling like a simple man, to part with ●y just & legal rights to this Committee, a branch of the Honourable House of Commons, it doth ●o● in the least therefore follow, that I am disaffected or disrespective of the just interest & power of ●●e House of Commons, but rather it doth follow, that I am the same man now that eve● I was be●●re. & Sir under your favour I tell you, it is neither for the honour, interest nor benefit of the house 〈◊〉 Commons, for any of its Committees, to swallow, down or destroy, the public interest and liberties of the people, the preservation of which, (by their own Declarations * See the Oat cries 〈◊〉 Oppressed Commons'. pag. 4, 5. 6. 〈◊〉 and Regal Ty●nny pag 33. 34. ●●. 72. 73. ) being the principal end wherefore the people choose and trusted them to sit where they do, and therefore Sir, I pray you, let me go on, which was granted, but before I could get through my paper, there was a grea● hurly burly amongst the Parliament men, being extremely nettled at my par per which many of them expressed in their speeches to Mr. Corbet, and desired him to silence me in the way I then was in, and hold me to the question. Gentlemen said I this is very strange proceed, that you will neither let, ●e alone, nor let me speak. Be it known unto you, that I conceive I stand in need neither of mer●● nor favour ●●om you, but only what reason, Law and justice affords me, neither do I crave any ●her privilege at your hands, but what the E●rle of Strafford enjoyed from you, (although you 〈◊〉 selves judged him the greatest of offenders) which was a free and uninterrupted liberty to ●●●k for himself, in the best manner he could, and to make the best defence for himself, that ●●ssible all the wit and parts he had, would enable him to do, and sure I am this is a privilege due by law to every Murderer, Rogue, & These, * 〈◊〉 See 1. H. 7. sol. 〈◊〉 in S●r Humphe●● strafford's case. which I am sure the arrantest Villain that is arraigned at Newgate Sessions (for the no●orioust of crimes) enjoys this privilege as his right by law, to speak his own words, in his own manner, for the best advantage of himself, to his own understanding, and it is very strange to me, that I who am after man of Eng●ed, and am not conscious to the committing of 〈◊〉 crime against the Law, shall not be suffered by a ●●●●ittee of Parliament, that have solemnly swor●● to maintain the laws, to enjoy that legal pri●●ledge to speak my own word, in my own manner, for my most advantage and best defence, that is 〈◊〉 nor legally, nor cannot be denied, at any Assizes, or Sessions, to the most capital, bloody, and a●r●n●● Rog●t in England. Truly Gentlemen, I must plainly tell you, I never was convicted of any crime 〈◊〉, that did in the least disfranchise me of my hereditary and legal Rights and Liberties, nor ●●er was legally in the least made uncapable of enjoying the utmost benefit and privilege that the 〈◊〉 of England will afford or hand out to any legal man of England, But have at your command, ●●y times and often adventured my life and all that 〈◊〉 had in the world, l●● the maintenance and pre●●●ation of the laws and liberties of England, with as much uprightness of heart▪ and as much man 〈◊〉 ●●rrage, and resolution, as any member of the House of Commons what ever he be, and therefore I tell 〈◊〉 before this Committee, or any power in England, what ever it be, shall rob me of my just ex●●●ed recompense of reward for all my labours, travels and hazards (which recompense of reward is the enjoyment of the just pri●iledges and benefits of the good laws of the Kingdom, I will spend my bear't blood against you, yea, if I had a million of lives, I would sacrifice them all against y●●, and therefore seeing you have all of you solemnly lifted up your hands to the most high God: and sworn to maintain the Laws of the Kingdom, I desire you for your own credits ●ake, to deal with me so, as not to give me to just cause, to avouch it 〈◊〉 your faces, you are a company if forsworn men, and so to publish & declare you to the whole Kingdom. With this Mr Wever, Burgess for Stamford spoke. Mr Corbet, I conceive such reproachful and dishonourable expressions as Mr. Lilburn gives us to our fates, is not to be endured or suffered, and therefore I beseech you, let us be sensible of the honour due to our Authority, and the house whereof we are Members. Good Mr. Corlet, I entreat you hear me, for I desire to let that Gentleman know, I am very confident I have not you said any thing that is dishonourable to the legal and just interest and power either of this Committee, or the house of Commons whereof you are Members, and Sir if I should, I conceive you are enough to bear witness against me, and I think you judge yourselves sufficiently endowed with power to punish me, if I should do as that Gentleman pretends, I have done, and truly Mr. Corbet, I must again aver it before you, that I am no contemner nor despiser of the just and legal authority of the house of Commons, neither do I desire to affront or reproach this Committee, but I pray consider, I am but a man, and a prisoner under many provocations, and to be so tosly ●alne upon as I am, by half a dozen of you at a time, and interrupted in making my legal defence, and not suffered to speak my own words, is very hard and it is possible hereby, I may be provoked to hear, and in heat say that that is not convenient and sitting, the which if I should do I hope you Mr. Corbet, have understanding enough to judge, and to reprove me for it, and truly Sat upon your reproof, if I can possibly apprehend and see I have done amiss, I shall presently Cry you peccavic. But here abouts, my wife seeing Mr. Wever so furious upon me as he was, burst out with aloud voice & said, I told thee often enough long since, that thou would serve the Parliament, and venture thy life so long for them, till they would hang thee for thy pains, and give thee Tyburn for thy recompense, and I told thee besides, thou shouldst in conclusion find them a company of unjust, and unrighteous Judges, that more sought themselves, and their own ends, than the public good of the Kingdom, or any of those that faithfully adventured their lives therefore. But I desired Mr. Corbet to pass by what in the bitterness of her heart being a woman she had said unto them, and desired him to let me conclude my paper, and then I would give him a positive answer to their question, which was granted, and I read out my paper, the true copy of which at large thus followeth. To the Honourable Committee of the Honourable House of Commons, for suppressing of scandalous Pamphlets. The humble Addresses of Li●ut. Col. John Lilburne, Prerogative Prisoner in the Tower of London Feb. 8. 1646. M●y it please this honourable Committee, this any I see and read a warrant under the hand of Mr. Miles Corbet, d●●●sed to the Lieutenant of the Tower, to bring me before your honours, s●●●ng in the inner Cour●s of wards, at two a clock this present afternoon, but no cause wherefore is expressed in the warr●●●, therefore in the first pla●e, I desire and humble entreat this honourable Committee, to take ●o●●e that I ho●●●● and reverence the constitution, authority and power of the honourable house of Commons, and look upon it in its constitution, at the greatest and legal, best interest that the Commons of England ●ath, and of all the Committees thereof, that legally and ●ustly derive their power therefrom, and act according to the Law and just customs of Parliament, within their bounds, unto all whose commands so fare as the established law of England requires me, I shall yield all cheerful and ready obedience, but having the last year very large experience of the arbitrary and illegal proceed of some Committee or Committees of the House of Commons, and the Chair-manor Chair-men thereof, and fearing to meet with the like now against, by way of prevention I amnec●ssitated humbly to declare unto this honourable Committee, that in the days of the Star-Chamber, I was there sentenced for no other cause, but for refusing to answer to their interrogateries or questions, and upon the 4. of May, 1641. the honourable house of Commons, whereof you are Members upon the report of Mr. Francis Rouse made these ensuing Votes. Resolved upon the question. That the sentence of the Star Chamber given against John Lilburn l●illegall and against the the liberty of the Subject, and also bloody, wicked, cruel, barbarous and tyrannical. Resolved upon the question, that reparations ought to be given to Mr. Lilburn for his imprisonment, sufferings and losses, sustained by that illegal sentence. Here is your own just and legal Votes in my own case, to condemn as illegal and unjust; all inquisition proceed upon self accusing interrogatories, and your Votes are suitable to the ancient and fundamental laws of this land, as appears by the 29. chap. of Mag●a Carta, and the 5. E. 3 9 and 25. E. 3.4. and 2●, E. 3.3. and 37. E. 3.18. and 42. E. 3.3. the words of which last cited Statute thus followeth. Item at the request of the Commons by their Petitions, put forth in this Parliament, to eschew the mischiefs and damages done to divers of his Commons by false accusers, which oftentimes have made their accusations more for revenge and singular benefit, then for the profit of the King or of his people, which accused persons, some have been taken, & sometime caused to come before the King's Counsel * Which the Parliament is. by writ & otherwise, upon grievous pain against the law. It is assented and accorded, for the good governance of the Commons, that no man be put to answer without presentment before justices or matter of record, or by due process and writ original, according to the old Law of the land, and if any thing from henceforth be done to the contrary, it shall be void in the Law, and holden forerrour. All which forementioned good Laws are all and every of them confirmed by the Petition of right made in the third year of the present King Charle●, which expressly saith, no man ought to be adjudged but by the laws established in the Realm, and not otherwise, which Petition of right, you yourselves in this present Parliament have in every point confirmed, as appears by the Statute that abolish●th the Star-Chamber, and by the Statute that abolishe●h ship money, and you yourselves with your hands lifted up to the most high God, have often sworn, vowed, pro●●●ted and d●e●●red, you will maintain, preserve and defend the fundamental laws of the land, and square you actions accordingly, and imprecate the wrath and vengeance of the great God of Heaven an dearth to fail upon you, when you cease to perform what there you swear to and declare. And therefore honourable Gentlemen, what thoughts soever of indignation and displeasure you have towards me, I hope you will be so tender of your own honours and reputations that you will not in the least endeavour, to deal with me contrary to the true intent and meaning of the forementioned good and just laws. But if you should, I cannot, nor shall not willingly stoop unto ●●y trial, that is contrary to the pattern of the forementioned honest, just and good laws, and if you please to let me ●●ioy the benefit of them, I shall be ready to join issue with you, whensoever you please, without craving any mercy, pity or compassion at your hands, and legally to answer whatsoever I have said or done. But under the favour of this honourable Committee, I die humbly conceive it will neither b●lu● nor honourable for the house of Commas to punish me either for a pretended or real crime committed by me in a bard, tedious, provoking and unjust imprisonment, while my case is depending before themselves, and I by themselves extremely delayed in receiving justice and right, therefore I make it my humble suit unto this honourable Committee, to represent myiust desire to the honourable house of Commons, that they would first adjudge my cause betwixt the house of Lords and me, which hath been dependant before them about this 8, months, and either according to the laws and constitutions of the land, justify we or condemn me, and then in the second place, when they have done righteous and true judgement in this, than I desire them if they have any real or pretended crime or crimes to●ay to my charge, committed by me in my present, hard, unjust and extraordinary provoking imprisonment, whilst I am managing my buslnesse before them, that then they would proceed according to law with me, and according thereunto to punish me without mercy or compassion, which proposition I hope is so rational, that in iustiece it cannot be denied me. So humbly taking leave of your honours, I subscribe myself. A true and faithful servant to the honourable House of Commons, to be commanded by them according to law and justice but no further. John Lilburne. From the outward Court of Wards 8. day of February. 1646. And having concluded my paper, now Mr. Corbet said I, if you please let's go to the question, well than said he will you renounce this book or no? Sir said I, I had rather give you leave to hough ●e in ten thousand pieces, then renounce any act of mine, done by me upon grounded, mature and deliberate consideration, and therefore Sir, somethings before hand premised, I shall give you a positive and satisfactory answer to the question. And therefore in the first place, I desire you and all here present to take notice, that I do not return you an answer to your question our of any opinion that I am bound in duty or conscience unto your Authority to do it, because you command me to do it, for I know I am (actively) only to obey you in lawful things, which this is not in the least, for by law no man what ever is bound to betray himself. Nor secondly, I do not return you an answer to it, as though I were bound by any law in England thereto; for I have before punctually proved it to your faces out of my paper, that it is altogether unlawful by the law of the land, to press or force me to answer to interrogatories. Neither lastly, do● I answer your interrogation, out of any base tymerousnesse to betray the liberties & privileges of the laws of England, or to save my from self your insenced indignation, and therefore protesting that my answering your question, neither is, shall or justly can be drawn into precedent in future time, to compel me or any other free men of England, to answer to interrogatories, and therefore having (premised these things) affirmatively, I re●●turn you an answer to your question out of this consideration, that when I penned that book, I was inwardly exceedingly pricked forward to it, and framed it, with a resolution to lay down my life in the justification of it. And secondly, I return you an answer to the question out of this consideration, that upon your summons, I came before you with an absolute resolution to own and avow that book, (though I have been much by some of my friends persuaded to the contrary) always provided I could get some things effected before I did own it, which I have already done, (that so I might set it in a way to come to a legal justification.) For first I have got the door opened, that so I might have a rublique hearing as my right by law. And secondly, have obtained liberty (though with much ado) to declare before you, in the presence and hearing of all these people, the illegallity of all yours, and all other Committees proceed, enforcing the free men of England, (against the known and fundamental laws, of the land, and your own oather,) to answer to self accusing interrogatories, and now having sully effected what I desired and thirsted after, I come now with as much willingness and readiness to answer to your question, as you are to have me answer to it, and avowedly I tell you, I invented, compiled and writ that book, and caused it to be printed and dispersed, and every word in it I will own and avouch to the death, saving the Printers Erratas, which if you please to give me the book, and liberty of pen and ink, I will correct and amend them under my own hand, and return you the book again, with my name annexed, under my own hand at the conclusion of it. Well then said Mr. Corbet, take the book and pen and ink, and go mend it, truly Sir, said I, I have but one good eye to see with, and yet for that, I am forced to use the helped of spectacles, and I have very much this day wrained the strength of my eyes, with reading and writing, and besides the book is fut sheets of-paper, so that it is almost impossible for me seriously and carefully (with my weak eyes) to read it over this night, but if you please to give me but any reasonable time, I will be very punctual in returning it to you again; so I had tell wednesday in the afternoon given me, and accordingly I amended the faults under my own hand, which principally were literal and verbal faults, and at the conclusion of the book, I writ, examined and avoned by me John Lilburn, 10. Feb. 1646. And upon wednesday, I enclosed the book with a copy of my forecited paper that I read at the Committee) in a letter sealed to Mr. Corbet the Chairman of the foresaid Committee, the true copy of which letter thus followeth. Sir, ACcording to my promise, I have corrected the Printers Erratas, and subscribed my hand thereto, 〈◊〉 and sent you back enclosed the very book you delivered to me with a tru●copy of my paper I read before you at the Committee, which is all I have at present to trouble you with, but to subscribe mysefe. From my prerogative, illegal and tyrannical imprisonment, in the tower of London this 10. of February 1646. A true and faithful friend to the Common wealth of England, and your real servant, if you will be true to the public trust reposed in you, and act for the preservation of the fundamental lawc● of the land, john Lilburn. But after this little digression, I return to the rest of that which followed at the Committee, which was to this effect, as soon as I had owned the book, and received the book from Mr. Corbet, I said Gentlemen, you having as I perceive done with me, I shall humbly crave liberty to make one motion to this Committee, for the discharge of my wife, for by virtue of your warrant she is a prisoner, for dispersing some of my books, and truly gentlemen she is my wife, and set at work to do what she did at the earnest desire of me her (unjust imprisoned) husband, and truly I appeal to every one of your own consciences, whether you would not have taken it very ill at the hands of any of your wives? if you were in my case, and she should refuse at your earnest desire to do that for you that she by my persuasions hath done for me, therefore I entreat you toser her at liberty, and set the punishment of that her action upon my score, so with one consent sh● was discharged, for which I thanked them. Now Gentlemen with your favour and patience I humbly entreat you to hear me but one word more, which is this, I was the other day tobd, or at least plundered, and had my house violently, forceably, & without any colour of law or conscience entered, & an Iron larch drawn, as I am informed by one Whittaker a bookseller, who dwells in Paul's Churchyard, who with others like high contemneiss and ●i●laters of the law, loaded away, as I am informed three potters w●th me u●e and proper goods, that I bought with my own proper money, and he pretended he did it by virtue of a warrant from this Committee, therefore I humbly desire to know, whether this Committee will avow his action, and b● are him out in what he hath so done? No saith Mr. Corbet, he had no such power from this Committee, as forceably to enter your house, nor to meddle with any of your good or books, but only at random to seize upon all of this book where he could find them. Well gentlemen, than here is a high act of violence and contempt of the law committed, for here is my house by violence entered, and so many of my goods as they pleased to seize upon carried away, none belonging to me being present to see what they did, and my doors by them left wide open, for any that had a mind to go in and take away, and rob me of all the rest of my goods that they left, for which actions I hope I shall obtain justice in time, but in regard you say your warrant did not authorise him to take any of my books, but The Oppressed man's Oppressions declared▪ and yet he took away abundance of several other books besides that, which I bought with my money I hope this honourable Committee will be so just as to command him faithfully to restore me them all again, or at least all but the hundred of the present books in controversy, and I was fairly promised I should have but the hundred of the present books in controversy, and I was fairly promised I should have them, but as yet I have found no performance at all, though truly I do conceive there was is many books carried away by him as stood me in about twenty or thirty pounds, for there was the greatest part of a thousand of my books, called London Charters, the printing of which▪ with the paying for the copies of the original Charters, etc. (which I had out of the Record office in the Tower) cost me almost twenty pounds, besides a great many of several oth●● sorts, And at my withdrawing, the people eryed out, they never would answer to close Committees any more, being the doors by law ought to be open, which they never kn●w before. Now friend, I know you are acquainted very well with some able and honest Lawyers, and therefore I pray do me the favour as inquire of them, whether all these things laid together, it be not an act of Felony in the forementioned Whittaker, &c▪ thus forceably to enter my house, and without any real or pretended warrant to take away my good●●; but if it be not felony, I desire to know of them, what effectual course, I may take in saw, to obtain my just and legal satisfaction for this illegal wrone, and making these catch-poule Knaves (who art as bad if not worse than the Bishop's Rooks and Catchpoules) examples to all their fellow▪ Knaves and Catchpoules. Thirdly, I desire to know, whether by law, any free man's house in England can be broken open, or forceably entered under any pretence whatever? unless if be for felony and treason, or a strong and grounded suspicion of felony or treason, or to serve an execution after judgement for the King? Fourthly, if any person or persons whatever, shall indeavonr to break open, or forece●bly enter my house, or any other free men● of England, upon any precence what ever, but the forementioned, 〈◊〉 some other that is expressly warrantable by the known law, whether according to law or no, I may not stand upon my own defence in my own house being my Castle and Sanctuary, and kill any or all of those that so illegally (though under specious authoritive pretences) shall assault me. Fiftly, whether in law it be not as great a crime in the foresaid whittaker, etc. for cably to enter my house, and carry away my own goods fawfully come by, under a pretence of a warrant signed by a single Member of the House of Commons, commonly called a Chairman of a Committee. As for Sir William Beacher Clark of his Majesty's Privy Counsel, Old Sir Henry Vain a Privy Counsellor, and (it I mistake not then) Secretary of State, and Mr. Laurance wh●tt●ker that old corrupt Monopoliser, now Member of the House of Commons, by virtue of Regal, or council-board authority, to sench the pockets, or break open the study doors of the Earl of Warwick, the Lord Say, Mr. Hambden, Mr. Pym, Mr. C●ue, or any other of those that was so served after the breaking up of the short Parliament, for which by this present Parliament (as I am credibly informed from knowing and good hands) Sir william Beacher was committed to the Fleet, Mr. Laurance Whittaker to the Tower, and old Sir Henry Vain, who as it is credibly said was this principal actor in this business, and was in this present House of Commons, strongly moved against, again, and again, and in all probability had smarted sound for it, if it had not been for the interest that his Son young Sir Henry had in Mr. john Pym, and the rest of his bosom associates, who as it plainly (now appears, for ends besides the p●bli●●e, had use to make of him against the Earl of Strafford, who was one of the chief men that stood in their way, and hindered them from possessing themselves of those high and mighty places of honour and profit that is now too much apparent they then aspired unto, and therefore truly when I seriously cast my eye upon their continued serious of actions, (especially of late) my conscience is overcome, and I am forced to think that there is a great deal of more truth in many of the charges fixed upon them, in those two notable Declarations of the Kings, (then at the first reading of them, I conceive there was) the first of which is the 12. of August, 1642. and gins book Decl▪ 1. pan pag. 514. some notable passages of which Mr. Rubard Overton and myself have published in the 6 pag. of out late discourse, called The Outcry I of Oppressed Comm●ns, unto which I shall desire toad one more, and that is of their partiality in judgement, which the K●ng chargeth them with (ibim) page 516 That they threw out of their house some Monopolizers, as unfit to be Lawmakers, because their principles was not fit for the present turns of the powerful party there, and kept in other as great Monopolizers as those they threw out, because they did comply with them in their ends and the King instances Sir Heary Mildmer, and Mr. Laurance Whittaker, both of whom, for all their transgressions, still fit in the hou●●. And if it be an act of treason to exercise an Arbitrary and tyrannical power (for so it was charged upon the Earl of Strafford, etc.) than I will maintain it, M. Laurance Whittaker is guilty of it, for he hath several times done it unto the free men of England, yea, upon mean particular, as at large you may read in my book called Innocency and Truth, justified, to the apparent hazard of my life and being, for which I will never forgive him, tell he hath acknowledged his fault, and made me legal and just satisfaction, the which if he do not the speedier, seeing by his unreasonable privilege, as he is a Parliament man, that by law I cannot meddle either with his body or goods, I will by God's assistance (seeing I have no other remedy) pay him with my pen, as well as ever he wa● paid since his eyes was open, cost it what it will and therefore I now advise him, if he love his own reputation, without any more ado to acknowledge his fault, by giving me legal satisfaction. The King second Declaration, is an answer to the two Houses Declaration of the proceeding of the Treaty at Oxfo●d, 1643. and in the second part book decls. pag. 100 printed Anno 1646. where in pag. 10●. he chargeth them poss●●vely, that the maintenance and advancement of Religion, justice, liberty, propriety and peace, are really but their stalking ho●ses, and neither the ground of their water, nor of their demands, and I for my part must ingeniously protest and declare unto you, that the deal of both houses with me, and others of the Kingdom's best friends is such, that as sure as the Lord lives, I should sin against my own soul, if I should not really believe this particular charge of his Majesties to be most undeniable true and just, and to my understanding he there gives notable demonstrations to evince and clear the forementioned charge, I shall only instance that in pag. 112.113. Where his Majesty framing an answer to something they say in their Declaration about the judges, and Members of Parliament, he saith. That by never having appeared at all in the favour, excuse or extenuation, of the fault of those judges (who are to answer for any unjust judgement, in all which his Majesty lest them wholly to their consciences, and whensoever they offended against that, they wronged his Majesty no less than his people.) And by his being yet so careful of those Lords and Gentlemen, it may appear that his Majesty conceires, that those only adhere to him, who adhere to him according to law. And whether the remaining part of the Houses be not more apt to repeal● their own impeachments and proceed against those judges, (if they conceive they may be made use of and brought to adhere to them) than his Majesty is to require they should, may appear by their requiring in their 14 propositions, that Sir John Bramston (impeached by then selves of so great misdemeanours) may be made chief justice, and by their freeing and returning justice Barkly, (accused by themselves of high Treason) to fit upon the bench, rather than free and employ justice Mallet, who was not legally committed at first, but feicht from the bench to prison by a troop of Horse, and who after so many month's imiprisonment, remains not truly impeached, but wholly without any knowledge of what crime he is suspected. And indeed their partiality in doing justice and judgement, appears in no one man in England (I think more, then in old Sir Henry Vain, who by all men that I can talk with that knows him and his practices, renders him a man as full of guilt (in the highest nature) and court baseness, as any man what ever that was there. For I have credibly been told by one that sat in the short Parliament, that he was the main and principal man, that instrumentally broke up that Parliament, for in the House in the King's name he strongly moved for twelve Subsidies, when he had no such Commission from his Majesty, but did it of purpose to set the Parliament in a heat, and make them fly high against the King, of which heat he took advantage, and then went to the King, and incensed him against them, and thereby provoked him to break it up, on set purpose to save himself from being questioned about his dangerous and desperate Monopoly of Gun powder, and other of his illegal Knaveries, in which he was deep enough even over both boots and shoes. For Sir john Eveling was the old powder master, and then Sir Henry Vain stepped in, and justled him out, and got in one Mr. Samuel Cordwell one of his own servants that waited upon him in his Chamber, who had the sole Monopoly of making all the powder in England, and furnished powder for viid. ●b. into the Tower, which powder was sold out commonly for 18. per. l. at the first hand, besides the charge of getting first a warrant from the Counsel board, to the Lord Newport, than master of the Ordinances, to sell such and such so much powder, which warrant besides the loss of time and trouble, cost dear enough, than there was a second warrant from the Lord Newport, to be obtained to the officers of the Ordnance to deliver the powder out, according to the warrant of the Counsel board, and then there was a third warrant to be got from the officers of the Ordnance to the particular Clerk that kept the powder, all which besides trouble, cost, money, besides a see of a mark which was paid by the buyer to the officers of the Ordnance, for every last of powder they delivered, and the forementioned Cordwell, Sir Henry Veins Gunpowder Agent, constantly engaged to bring in every month to the Tower 20. last, there being 24. barrels in every last, and 100 l in every barrel, and besides he (as the principal instrument of setting this dangerous Monopoly on foot) forced the Merchants, and sea men, many times for divers days together, to stop their viages to their great and extraordinary detriment, till they would give large bribes, or were forced to use some other indirect means, to obtain his warrant, etc. to get powder out of his unjust Monopolising hands to furnish their ships, for which notwithstanding they were forced to pay above double the price for it, (nay almost trible) according to the rate it was sold at before his Monopoly. Yea, and by this means, he wickedly and illegally disfurnished all the Countries in the Kingdom, at is notoriously known to all the Deputy Lieutenants, by means of which he laid the Kingdom open to the invasion and overrunning of aferraign enemy, which did create, nourish and foment, strange and strong jealousies in the people, that there was some strange and desperate design upon them to enslave and inv●solize them, which was no little occasion of out present wars, by blowing of coals to the fomenting and increasing of devisions betwixt the King and the people. Yea, and besides all this, he was not one of the least of Canterbury's Creatures, being not a little active in the Star-Chamber, to serve his ends, the smart of which with a witness, I am sure my shoulders felt. For upon the 13. of Feb. 1617. in the 13. year of the present King, the Lord Coventry, Earl of Manchester, Lord Newburgh, old Sir Henry Vain, Judge Bramstone, and Judge Jones, in the Star-Chamber sentenced me for refusing to take an illegal oath to answer to their Interrogatories to pay to the King 500 l to be bound to my good be behaviour to be whipped through the strect to Westminster, and there to be set upon the Pillory, and then to remain in prison tell I conformed to their tyrannical commands. Which decree or sentence you may at large read in the 1, 2, 3. pages of my printed relation of my Star-Chamber sufferings, as they were presented by my Counsel, Mr. Bradshaw, and Mr. john Cook, before the Lords at there Bar, and proved by witnesses, the 13. Feb. 1645. the barbarous execution of which you may read not only in that relation, but also in a large relation of it, made and printed by me, that year I suffered, called the Christian man's trial, and lately reprinted by Mr. William Larnar in Bishopsgate street, and in my books also then made, called, Come out of her my people, the afflicted man's Complaint, A cry for justice, my Epistle to the Aprentizes of London, and my Epistle to the Wardens of the fleet, which foresaid sentence the House of Commons after a long and judicious examination and debaite, thus voted. Die Martis, May 4. 1641. Mr. Rouse this day reported john Lilburn his cause, it was thereupon ordered and resolved upon the question as followeth. Resolved upon the question, That the sentence of the Star-Chamber given against john Lilburn is illegal and against the liberty of the Subject, and also bloody, Wicked, cruel, barbarous and tyrannical Resolved upon the question. That reparations ought to be given to Mr. Lilburne for his Imprisonment, sufferings, and losses sustained by that illegal sentence. Ordered that the Committee shall prepare this case of Mr. Lilburnes to be transmitted to the Lords, with those other of Doctor bastwick's, Doctor Leighton, Master Burton, and Mr. Pryn. Hen. Elsing Cler. Dom. Com. And though it war a matter of four years before I could get this my case transmitted to the Lords, the obstructing of which I cannot altribute to any, but principally to that old crafty For, Sir Henry Vain, (who I am confident of it hath long since deserved the Axe or Halter) and and his powerful interest and influence, especially by his son, young Sir Henry, though (Machiavelli like) he faces and looks another way, who for ●ll his religious pretences, I for my part think to be as crafty (though not so guilty a) Colt as his Father, which I believe I could easily and visibly demonstrate, which I groundedly apprehended I have sufficient cause administered unto me to do, especially for some subtle, cunning, but mischievous late underhand deal, by as guilded instruments as himself, but at present for my own interest sake I will spare him, though (my finger's itches,) yet I must tell him, I am very confident for all his ●●●guises, he will shortly be known to conscientious men, to be but at the best (if he be no more) than one of the prerogative quench coals, to keep the people in silence, from acting and ●●●ring t● deliver themselves from slavery and bondage. And when● came amongst the Lords, they the 13, Feb, 1645. decreed, that that sentence, and all proceed thereupon shall forthwith be for ever totally vacuated, obliterated, and taken of the file 〈…〉 Cou●●s where they are yet remaining, as illegal, and most unjust, against the liberty of the Subject, and law of the land, and Magna Charta, and unfit to continue upon Record. And 〈…〉 said L●lburn shall be for ever absolutely freed, and totally discharged from the said s●●●●●ce, and all proc●e●ing▪ thereupon, as ●ully and ample as though never any such thing h●●●●n, etc. 〈…〉 may a● large read in the foresaid relation, yea, and by an other decree, ordered 〈…〉. And down into the House of Commons they send my Ordinance for their concurrence, which is there again bl●ckt up, as I may too justly conceive by the powerful and unjust 〈◊〉 of the fore mentioned old, tyrannical Monopo●izer, Sir Henry Va●ne, for which by God's assistance, s●eing I have no other ●●medy, nor means left me, to obtain my right, and the 〈…〉 of the Kingdom, I am resolved to pay him, (and all that I can groundedly know and hear joins and concurs with him to destroy me, and hinder me of justice and my right which should preserve me and keep me and mine alive) cost it hanging, burning, drowning, strangling, poisoning, starving, cutting to pieces, or what ever it will or can yea, though it lose me all the interest I have in the world, in any or all the great ones thereof, put Lie● Ge●●▪ Cromwell into the number. And therefore I desire not only yourself, (but all impartial Readers that reads these lines) to judge whether it be not the height of partiality and in justice in the House of Commons, to ●●●●er him to sit and vote there, especially they having thrown out divers others, for ten times less faults than he is publicly known to be guilty of, and I desire you to satisfy me, whether or no the people for their own welfare are not bound, and may not groundedly petition the House of Commons to throw out him, who is so great a transgressor and violater of the Laws of England, and therefore altogether unfit to be one of those that maketh and gives laws unto the free men of England, for in my apprehension if there were no more to be laid unto his Charge, but to have been so unjust and unrighteous a judge, as to have had a ●inger in inflicting a sentence that is voted by the house of Commons in the days of their virginity, purity and uncorruptness, (to what it is visibly now, yea, himself sitting as a Member there) to be not only illegal, and against the liberty of the Subject, but also bloody, wicked, cruel, barbarous, and tyrannical, it alone were legally and justly cause enough for ever to eject him. O England, England! woe unto thee! when thy chosen preservers turn to be thy grand destroyers, and in stead of easing thee of thy grievances, with a high hand of violence protect from justice those that commit them, and thou seest it and knowest it, and yet art like a silly Dove without heart, and dares not open thy mouth wide to reprove it, and endeavour by petition or otherwise the amending of it, surely and undeniably that body, who, or what ever it be that is not able to evacuate its excrements, is nigh unto the giving up the Ghost, or bursting out into such botches and ulcers, that it shall be an eye sore to all that behold it, and stink in the nostrils of all men, that have their senses. But with your patience, I will trace this old For a little further, and see how he hath played his cards since this Parliament fate, and to let pass● his unfaithful deal with his master the King, whose Secretary of State he was, and yet could not, or would not keep his secrets, (which is an act base enough in itself) although as I have been told by one very near and dear unto him, his places he enjoyed under the King, were w●ith to him, 8●00 l. per ann●●, but having as before is truly observed, before this Parliament (by acts of baseness done, ●●he was a Courtier and a privy Counsellor) too himself over boo●● and shoes▪ and seeing that it was impossible for him and all his confederates, to break of this Parliament, as they did the late short Parliament, therefore it behoved him for the safety of his own head, to lay his designs so, as that h● might by the swaying party merit preservation to himself, which to do being as he was a Secretary, p●●rie to all the King and Court● principal secrets, though he was under an Oath, and the strictest obligation of secrecy that could be, yet they must all out, and out they went, as in the case of the Earl of Strafford, of which I have heard some great ones say, it was screwed to the highest pin, if it were not higher then in honesty & justice it should, but all this was done, that he might not only save himself, but gain an esteem in the present Parliament, and so be in a possibility by the interest of his son, Sir Heary, (although to men that were half blind, there was, and I think still is a seeming enmity betwixt him and his Father) in time to make himself amonds, for his 8000. l a year by his places, which by disserting of the King (to save himself) he was likely to lose, (and indeed it is commonly reported, that in his place as one of the Committee of the King's ●●venue, he hath learned to lick his own fingers well) and the first or grand step of honour he attained to, by the Parliament, was to be made Lord Lieutenant of the County of Durham, and the wars coming one betwixt the King and Parliament, to endear himself again unto the King (knowing that the chance of war was doubtful) he sent his second son, Sir George Vain to wa●e upon and serve the King, who in person was actually ●●●nd in the baitell of Edge-Hill, with the rest of his fellow Courtiers, but to make up his case the more with the King, though himself stared with the Parliament, where as a seeming friend to them, he was able to do the King truer service, yea, and did it then if he had been with him, for instead of protecting, preserving, securing and defending the County of Durham, (of which he was Lieutenant) according to the duty of his place, and those many importunare desires expressed unto him by the well affected Gentlemen of the Country, which were all in rain, for in stead of preserving the Country, he sent his Magazine of Arms from his Castle at Raby, (by his t●o principal servants, Mr. Will 'em Conyers Steward of his land, and Mr. Henry Dingly his Solicitor at law) as a present for the King, to the Earl of Newcastle, then in Arms at New Castle against the Parliament, who might then have been easily suppre●● at his coming to New Castle, if old Sir Henry Vain had been true to his trust the Parliament reposed in him. And that he sent them is visible enough, for they carried them openly and avowedly in the day time through the Country, boasting of their act both in their going and coming, and at Newcastle from the hand of one of the Earl's s●rvant, or Officers, received a note for the receipt of those arms, that so when time should serve, Sir Henry Vain might have it to justify his good service done for his Majesty in being the principal instrument of raising the Earl of New Castles Army, and giving the King so great a footing in the North as there he had, for his Arms being sent to the King's General so openly, publicly and avowedly as they were, though his person were with the Parliament, yet it ●●de all people there to conclude that he was himself absolutely for the King against the Parliament, which presently (his influence in those parts being grent) got the Earl of New Castle a mighty repute and credit, and made those that were really for him to be impudent and bold in their attempts, and made abundance of Newters then to declare, (all or most of whom might at the first have been made serviceable to the Parliament, if they had been look to betimes) and the most of those few of cordial, well affected Gentlemen, were immediately forced to ●ly and leave all they had behind them, and the test that stayed, were immediately taken prisoners and destroyed, (as well as the other) in their estates, for which Sir Henry Veins land and estate, ought i● justice and conscience to go to the last penny of it, to make them satisfaction, being the 〈◊〉 instrumental cause of all their losses, woe and misery, and of all the woe and misery of the whole North, occasioned by the Earl of Newcastles forces, and those that were necessitated to be raised to destroy them, which if they had never had a being, there had never been no need of the Scots coming into this Kingdom to our dear bought aid, the evil consequences of whose coming, I am afraid England this twice seven years will not ●●●ke of without a great deal of blood shed and misery, the yo●k of Presbyterian bondage alone, (besides then to-operations, if not co sharing in the Civil government of England, to the unspeakable prejudice to the freemen thereof) which they brought with them over Twe●d into this Kingdom, which is likely to prove 100 times worse than the tyranny and lordliness of the Bishops. One thing more about Sir Henry Vain I desire you to take notice of, and that is further to demonstrate, that his servants carried the Arms, not of their own heads, but by his command, or at least good liking, is this, that he never complained to the Parliament of it, nor never indeavouted to have them punished for it, but rather protected and defended them, so that those that complained of them, as well as of himself, by reason of his greatness, could never be heard nor obtain justice, though it was with some zeal followed by my Father, & my Uncle Mr. George Lilburn, with other Gentlemen of the same Country, as you may partly read in England's Birth R●ght pag. 19.20.21. All this while if the King lost the day and the Parliament prevailed, here was himself and his son, young Sir Henry to make good his interest here, so that of which side soever the g●●t went, the old crafty Fox was sure in his own thoughts to stand upon his legs, and be no loser, but perceiving the King likely to go down the weather, by the Scots coming in, he whistles away his son Sir George Vain from the King's Army. And though the Parliament had upon the 20 May 1642 voted. That when soever the King in kith war upon the Parliament, it i●●breach of the trust reposed in him by his people, contrary to his oath, and tendeth to the dissolution of this Government. And th●t whosoever shall serve or assist him in such wars, are Traitors by the fundament all laws of this Kingdom, and have been so adjudged by two Acts of Parliament, viz. 11. R. 2. and 1 ll. 4: And yet notwithstanding, though Sir George Vain did both serve and assist the King actually at the battle at Edge-Hill, yet as soon as any footing by the Parliament is gotten in the County of Durbam, he is by his Father, (and I think I might say brother too) for it is impossible if young Sir Henry were honest and true to the public interest of his Country, according to what he seemingly professes, and would be thought to be, that his father and brother should do such actions as they have done and daily do, and escape scot free, and no man to be heard that complains of them, but rather crushed and destroyed, which could not be, if he and his interest did not support them in all their baseness) I say Sir George is by his Father sent down into the Country, as the only fit man to govern it, by deserving well at the hands of the Parliament for being with the King at the battle of Edge-hill, and therefore is made the receiver of the King's sequestered revenue there, worth to his particular a great many hundreds pounds per aunum, and is also made chief Deputy Lieutenant, yea, as it were Deputy Lord Lieutenant, justice of peace and quorum, Committee man and Chairman of the Committee, and hath also the Posse commitatis of the whole County put into his hands, as being the fitte●● man to be High Sheriff there, yea, and no●irin that County, what ever a King is in his Kingdom, that saying of Da●i●l, chap. 5.19. concerning the power of tirabad nezzar, being too truly verified of him and his father, in ●efo●e●ce their acted and executed power in that ●oore County, that whom they will they set up, (yea, even as arch blades as Sir George himself) and whom they will they pull down, and all the people there in a manner tumble and fear before them. But this is not all, for the Parliament upon the clearing of the Country, sent a Magazine of Ammunition and Arms down, which was landed and laid up at Sunderland in the possession of my Vn●le, Mr. George Lalburn; one of the Deputy Lieutenants, and justices of Peace, etc. of the County, which Sir George Vain by his supreme prerogative sent for away, and put into his Father's Castle of R●b, no laid in store of Provisions there, but I will not say he sent for some scores of Cavieliers from a Castle in York shire to come and take possession of it so soon as be had so done, but this I will say, that they did come and take possession of it with a great deal of ease, and it cost the Country some thousands of pounds before they could take it again. So here you have at present a brief relation of the game that Sir Henry Vain hath played this many years together, by means of which he hath got a great estate, but I may say an ill estate, to leave to his son Sir Henry principally, a man for all the experience I have had of him, (and I have had not a little) no whit inferior in my apprehension to his Father in Machiavels principles, for all his guilded professions, and truly it is very strange tone what the Family of the Veins hath deserved of this Kingdom, that they must have so many thousands pounds a year out of the Kingdom's Revenue, in its present great and extraordinary poverty, as they have, never any of which ever hazarded the shedding of one drop of blood for the Parliament or Kingdom. And besides the two sons before mentioned, there is a third lately come out of Holland that was a Captain there, and though he hath not one foot of Land in the County of Durham, yet he is as I am informed lately made a justice of peace, and hath besides profitable and gainful Offices there. I pray Sir, what do you think such do as this (of which the Parliament is full, as I could easily declare) doth portend to the whole Kingdom, do you think that it portends less than absolute vassolage and slavery to the whole Kingdom, by a company of base and unworthy men, set up by the people, whom they may if they please pull down by calling them home, and choose honester men in their places, in a new Parliament to call them to a strict account, without doing of which the laws and liberties of England are destroyed, and our proprieties utterly overthrow, that do and will tyrannize ten times worse ov●r us, than ever our prerogative task masters of old did. Sir, sure I am by the ancient, good, just and unrepealed laws of England, it is enacted, that a Parliament should be holden every year once or more oftener ●f●●ed require for the maintenance of the laws, and the redress of divers mischiefs and grievances which daily happen, 4. E. 3.14. and 36. E. 3.10. And by the act made this present Parliament in the 16. year of the King, called an Act for the preventing of inconveniences happening by the long intermission of Parliaments, there It is provided, in ease the King do not perform his duty to the Kingdom, in summoning of Parliaments as he ought; that then we shall have a Parliament once in 3. year whether he will or no, as appears by the Act itself, which most excellent. Act is altogether fruitless to the Kingdom, if we must have a perpetual Parliament, and therefore an everlasting Parliament is the greatest abridgement and de●●ustion to our laws, liberties, and proprieties that possibly can be imposed upon us, the present Parliament men being in their own principles unpuestionable, lawless, & uncontrowleable (and so are a kind of Monsters, rather of the Devil's creation than Gods, for he never created and made any man lawless) during all whose fitting as they by their actions order the matter, we have no propriety in our lives, liberties, estates or trades, for all of them are subject to be destroyed by a Vote and 〈◊〉 sometimes it may be carried but by the Vote of one of D. Bastwicks' N●nyes or 〈…〉 print Minors or Infants, it may be but of 18. years old, 3. years younger than any 〈◊〉 to be by law that can sit in that House, nay to such a height of tyranny are these 〈…〉 grown, that they by Vote (without law of reason) take our liberties from us, upon 〈…〉 and false report of any of their Members, or any of their secofanising Catch pouled, 〈◊〉 either the bearing us speak for ourselves, or so much as telling us the cause wherefore 〈◊〉 imprisonned, and this the last year in every particular was my portion, by the mean●● of 〈◊〉 William ●●th●ll Speaker of the House of Commons, D●. Bastwick, and that bas● and 〈…〉 fellow, Col. Edward King, who divers years ago deserved to be hanged for be●●●ing 〈◊〉 trust reposed in him by the Parliament, & this was lately the portion of Major T●●●● by 〈◊〉 means of M Hollis, Sir Walier Ea●le, Sir Philip Stapleton, Sir Sam. Luke, & the rest of their g●● trusty and doughty Associates. O brave Parliament! Which by its constitution on and primitive practices, was a Bulwark to secure the Commons of England from being ca●e● up and destroyed, by the prerogative and wills of the Kings of England, but ha●●●● now f●r ●aken this first station, destroys us with unknown, unlimited and arbitrary priviledger, more th●● 〈◊〉 the prerogatives of any King of England, since the first day of M●g●● Ch●●tas estiblish●●● and are unaccomptable for any thing they say and do, yea, and do not only act the Parliamentary power, but also a regal power, yea, and though they count themselves the great●●● judges in the Kingdom, yet contrary to law, justice, reason, and conscience, take upon them for sees, (which I may call bribes), to plead causes before judges of their own making, who dare as well ease their fingers ends, as displease them, and then in conclusion it may be the very same causes by way of appeal comes before themselves as supreme judges, and judge yo● how those causes must go in which they have been, and it may be are Hackney Counsellor, which they ought not in the least to be, it being not only contrary to law, but the 〈◊〉 of judges that any judge should give Counsel or be a Counsellor. Yea, Parliaments in former times used to be so careful in the discharge of their Da●, for the welfare of the people that did choose and be trust them, that they would impose nothing upon the people that might be a burden to them, without acquainting them first with●●● 〈◊〉 Sir Edward Cook that learned Lawyer in the 4. part of his Inst●●●tes Chap. of the high Court of Parliament, fol. 1● declares his words are as followeth, which is printed by the present Parliaments special order. It is also the law of the Parliament, that when any new device is moved on the Kings 〈…〉 Parliament, for his aid on the like the Commons may answer that they ●●●der●d the Kings sat, and are ready to aid the same, only in this new device they dare not agree, without conser●●●ce with 〈◊〉 Countryer, whereby (saith he) it appeareth that such conferences is warrantable by the law ●●●●stome of Parliament. And folio 34. (he saith) that at the Parliament holden in the 9 E. 3. whe● a m●●ion was made for a subsidy to be granted of a new kind, the Commons answered that they would b●ve conference with those of their several Countries and places, who had put th●● 〈◊〉 trust before they treated of any such matter. Set my b●●k●●alled Innocency and truth just f●e●, pag 60. But now things by the present Parliament are so carried, as if they were absolute Lords over all the estates of all & every individual in the Kingdom, that choose and trusted them, and as though they might leavie upon them at their wills what they pleased, and dispose of it how they pleased, even to their own particular pockets to the inrichment of their particular selves. See the Oppressed man's Oppressions declared; pag. 22, 35. Regal Tyranny, p. 100L, ●04, 105, 106. and London's account. So that the People now, are without a Bol-warke to preserve them from being swallowed up by unlimited prerogative & unknown priviledg●● exercised by them so that by their own principles if they vote to set up ●o●ary, o● the ●urki●● A●●●●●, 〈…〉 it be cause they vote and declare it, and if they vote into their own 〈…〉 (we must give) them unto them, or if they vote to monopolise unto themselves, ●ll our ●ives and children we must part with them to them, because they vote it, and have no remedy to help ourselves, because we have trusted them, (O brave Parliament principles) though we never intended them in the least any power at all to do what they list, nor any other power, but only rationally to the best of their understandings, (according to justice▪ 〈◊〉 and right ●eason) to provide for our greater happiness and better well being which they themselves before they had ●or the King and his party down, did honestly confess, book ●ecl. 1, 〈◊〉 pag. 1● 〈…〉 to call the judges to an account, and to punish them if they should per●●●● the law and justice of the Kingdom, either by the King flatteries, letters, commands or threats, which the law expressly ●aith, they are not in the least to regard, in the administration of justice 9 〈…〉 8.5. E. 3.9.14 E. 3.14, 11. R. 2.10. And if they see cause to call the Lord 〈…〉 etc. to account, to know and see, if the public Treasure of the ●●●dome be 〈…〉 according to the end and uses that it is assigned 〈…〉, for the good preservation safety and protection of the Kingdom, and not to be imbe●elled or ●●●●●ed 〈◊〉 ends or use 〈◊〉 warrantable not justifiable. But they were never in the least betrusted with a power to protect and bear out their own Members in all manner of treachery and baseness committed by them against the Kingdom, (as I could easily instance they have done in divers) and to cheat and 〈◊〉 them of great and vast sums of their money, and yet not to be liable to be called to any account for it: see Mr. Andrew Burrells Remostrance to the Parliament of England, and the state of Irish affairs presented to the Parliament by the Committee of adventures in London, for Ireland, and Regal Tyranny, pag. 101, 102, 103, 104, 105, 10● in which pages i● i● declared, that a right reverend Gentleman of the House of Commons, Sir John Clotworthy, and his agent Mr. Davis, have put in their particular pockets, 97195. l. of the money raised for the relief of Ireland, and I have heard that the foresaid Committee of L●●dou●r● half-sighted Sir J●●● Clotworthy to the purpose in the House of Commons, about 24000. d. that they positively say he hath in his hands, if as I am informed, he had not by a great deal of industry found some very great Citizens tardy (contrary to the law,) in transporting beyond the Seas, Silver and Gold, who improved all their interest to keep him from complaining, and it is thought prevailed on purpose with the said Committee to cease prosecuting Sir John Clotworthy, that so he might cease of securing them, for their transportations, nay it is verily though some licked their fingers sound about this business, for I have from very good hands heard, there are some notable blades about London, that can easily discover so many great men about London capitally tardy, with transporting of the Kingdom treasure beyond the Seas, that if there were any that would do impartial justice in 〈…〉 the penalty of the laws, divers hundreds of thousands of pounds might easily be raised to be put into the public purse, only it were worth the Commons of England's serious looking to it, that three quarters of it were not put into particular Parliament men's pockets▪ Oh for a new chosen Parliament to find out that almost unfadomable knavery that i● amongst divers of this Parliament, about mighty sums of the publiques money, I d●re boldly aver it, that all the business against Strafford, Canterbury, Lord Keeper Finch, Lord Chieft justice Brimstone, judge Ba●●let, Barron Tr●ver, Sir George Ratcl●ffe. The Farmers of the Custom house, Alderman Abel Mr. C●●vet, and the rest of their Caterpillar brethren Monopolisers, was never when they were opened, more odious to the people, than the villainy and roguery of divers of the present Parliament men would end●ay appear, if there were any uncorrupted and ●●partiall ●udge●● 〈◊〉 open, which 〈◊〉 they are, is impossible to be found or had, they being generally and 〈◊〉 (in a manner) so corrupted with ●●g●●ing the State's money, that for my part I am very 〈◊〉 dea● of it, they da●e not ●ip up one another's knavery, for ●eare he that first gins gets a 〈◊〉 himself before he hath done. Yea, I have observed it for divers months together, that 〈◊〉 a common practice in the House of Commons, that as soon as a Soldier is chosen a Parliament man, of whose honesty, valour and boldness, many people had high thoughts of, but ●●minatish him, and low up his lips, which gifts do Pa●●. 23.8. Deut. 16.19 Eccles. 1●. 11 within a month or six weeke● very commonly, order that he shall have his Arrears can ●pa●● paid him, of else a Vote for 〈◊〉, or 5000. l. for one loss or another, so that for my part I 〈◊〉 though a man be never so gallant when he is in the field, yer such bewitching baits of money etc. is in the House of Commons, that as soon as he comes to sit there, he is in my thought● three quarters spoilt, yea, and it may be in a very little time will be an enemy to that gall●● try and down right honesty, he in the field professed, so that for my part, of all the late Commanders that have been chosen to fit in the House, (they are so taken with the Silver baits of that House) that I profess for my part● will not give a groat a dozen for them, (to do the Common wealth service in their present plate) unless it be one or two at most amongst them, therefore say I, let us earnestly contest for the enjoyment of our just, national liberties and the long and ancient, just laws of B●gland to have every year afresh and new Parliament, to call this to an account for all our money they have had, and all the injustice they have done us, 〈◊〉 our which we are destroyed, both in our laws, liberties and proprieties, but if any shall 〈◊〉 the Kingdom in general will ●●d great hazards by a new choice, I say no, for if never ●●ch base men be chosen, if we have a fresh Parliament every year, to sit three or four score d●yes a● most, it will be as a rod kept over their heads to awe them, that they shall not dare to do the Kingdom one thousand part of that into slice that this Parliament hath done, for fear the next Parliament they shall be questioned, and then lose their head, or estates. Therefore for the Kingdom's good in general, it is worth the endeavouring to get the same provisory in a● annual act, that now is in the trianiall made the 16. year of the King, & to settle the government of the Kingdom, either by the King again, of some otherway that the Parliament shall think sit, by choosing out a Committee amongst themselves to manage the great affairs of the Kingdom, till the next free and new chosen Parliament, for now we are under a La●, when Parliament men please to destroy us, and when the Law will not reach us, than their will shall, tell which be done, England shall never enjoy justice, impartiality, but be in the absolute condition of as perfect vassolage and slavery, as either the Turks in Turkey, o● the Pes●n●a France, or the Boor● in Fl●nders, having neither the enjoyment of liberty nor propriety now; it being I will maintain it, the greatest act of breach of trust that ever the King did in his life when he passed the Act called the Act to prevent inconveniencies, by untimely dissolving the Parliament made 1641. to let both houses sit as long as they pleased, and so make sitting in Parliament a Monopoly and hereditary to them and their heirs for ever, which is such a palpable and visible violation of our essential and fundamental liberties, that it is less to be induced by the honest free men of England, than any act of injustice, or violence that ever he did to us in his life, for this is so universal that it absolutely destroys both our laws, liberties, trades, and proprieties, and makes us all perfect and absolute slaves, but Parliament men and their new made and created creatures, there being nothing wanting but the King's consent to the twelfth Proposition, that both houses by law may levy upon the People, what money they please, and do with it what they please, and never be accountable, and therefore I will adds ●●ft thing, to those things of g●●●●sh evil mentioned by 〈◊〉 i● 〈…〉 del●●●ery, before ●●y book called To Charters of London, and pray from the Pope's 〈…〉, King's ●●limited Prerogatives, Parliaments unknown privileges, the Lord Major, Court of Alde●●●en, and the rest of the prerogative Common-counsel men of London● impl●●● saith, ●ut especially from an everlasting Parliament, Good Lord deliver honest John Lilburne. Now Sir, I come to speak a few words unto the state that ye●● are in by reason of the trouble I have brought upon myself, (a you think) by owning of my book, to which I answer. Alas I profess it seriously, death itself is more acceptable to me, then to live, and be without cause destroyed in a Gaol, what should I be afraid of? For I assuredly know God in jesus Christ, is my reconciled father, in the strength of which I have walked steadfastly above these ten years, so that I without doubt know he hath in store for me a crown of eternal glory in the Kingdom of glory, And Cursed be he that is afraid of 〈◊〉 that shall die, and of the s●●● of man which shall he made as grass, and forget test the Lord his make, that stretcheth forth the heavens, and laid the foundations of the Earth, Esay 11.12, 13. And truly ●o extraordinary large experience have I had of God, unfadomable loving kindness and truth, that there is nothing but sin can make me afraid, (For the Lord is on my side, I will not fear what man can do unto 〈◊〉, Psal. 118.6 and 56, 4.11. Heb. 13.6) which I am principally tied from by that over●owing, bounty, & goodness, that I have tasted in God. And for my wife and children which most troubles me, unto who●● I ought, and I hope have and do● bear a husband and fatherly affection unto, yet alas, shall I for love of them sin against my own soul, and be silent, when my conscience from sound grounds tells me God would have me to speak, to reprove the perverseness and stiff nedeednesse of an Hypocritical, uncircumcised, in heart generation of men, that under specious pretence a go about to enslave their native Country, and so by consequences strongly endeavour to destroy my wife and Children as well as myself, who must undeniably perish, if I should live with them, if the law and justice of the Kingdom be overthrown, which cannot in likelihood be avoided, if God should not open the mouths of some to speak, reprove and inform, and God having ●●●asted me with a Talon, yea, and by my unjust imprisonment, put an opportunity into my ●and to improve it for his advantage and glory, accursed should I be in my own apprehension, if I should tie it up in a Napkin and hid it. And besides when all ordinary means fails, to contest for my right (without the enjoyment of which, my wife and children in the eye of reason most perish and be destroyed) In my understanding is the only way to obtain it, but if in the pursuit of my present contest I should lose my life, I can lay it down with a great deal of comfort, and commit my wife and children with a great deal of confidence, to the faithfulness and co●e of God, who hath manifested so much unto me in all the straits and extremities that ever I was in, for the faithful discharge of my duty to him in endeavouring to keep my conscience unsported before him, I pray read my Epistle dated 11. Nou. 16●8 and printed at the latter and of my answer to Pryn, called Innocency and tru●h justified. Besides, in my present imprisonment, I am stripe of all industrious means to provide for my wife and children, and am much more in the road way by expenses to destroy them, then to lay up six pence for their future subsistence, and which if long continued, in the eye of reason, I must either eat them, or they me. And therefore being in many straits in my own spirit, and under many capital oppressions, contrary to the law and justice of the Kingdom, I looked up to God, and plucked up my resolution, and put pen to Paper on purpose if it were possibl● to give them a provocation to bring the forth to a publ●que trial, that so if possible I could I might know what to 〈◊〉 to, and yet so carrying ●●y business, that I would in my own appreh 〈◊〉 〈◊〉 have the law of the land of my side, and advantages sufficient to render my adversary's 〈◊〉 and contemptible for their unjust proceed with me, and therefore it was that I 〈◊〉 ●●●pose before the forementioned Committee owned my book in that manner that I did, which if I had not, the credit of the book would have been blasted, and divers other great inconveniences to me would have followed. And therefore knowing very well, that though divers in the house of Commons were 〈…〉 the book, yet by law they themselves in their Arbitrary way, could not try me for it, the 〈◊〉 if they should or had attempted, I should have showed them their own Oaths and Desolations, where they swear and declare to maintain the laws and liberty of the land, and should, 〈◊〉 shall say to them, as Tam●r said to Judah after he had in his unadvised rashness 〈◊〉 to death, for being with child by 〈…〉, but when she was ●●ought forth; she sent to Juda● 〈◊〉 Father in Law, saying, to the man whose th●se are, am I with Child, 〈◊〉, I pray the●, 〈…〉 these, the Sign●●, and ●ras●e●●, and S●●ffe And Judah acknowledged them and said, she hath 〈◊〉 more righteous than I 〈◊〉 because I gave her not to Sh●●●h my son; and he knew her 〈◊〉 more Gen 38, 14, 15, 16 etc. Even so should I have said, if they should have fall'n upon me with fury to have tried me, (for writing my book) In their Arbitrary and Parliamentary way● (and fall'n upon me 〈◊〉 as much heat for standing upon my legal privilege, as Judah did upon Tamar, when he judged her to be burnt) whose Oaths? whose Covenants? whose Declaration and Protestations 〈…〉 th●se? In all of which you have solemnly engaged before the presence of the great God of Heave● 〈…〉, and all the world, that you will 〈…〉 the laws and liberties of the land. Ye●, the House of Commons in their most excellent Declaration of the 19 April, 1646. book 〈…〉 folio, 879 expressly say, Th●● although the necessary of the w●r hath given some disturbance● to all proceed, stopped the usual course of justice, enforced the Parliament, for the preservance of th●s S●ate▪ to impose and require many great and unusual payments from the good Subjects of th● Kingdom, and to take extraordinary ways for pr●●●ring of m●neys for their many pressing ●●si●ns, it having pleased God to reduce our affairs into a more hopeful condition then heretofore we do declar●, (mark this well) That we will not, nor any by colour of any authority derived from us, shall interrupt, the ordinary course of justice o● the several Courts and judicatories of this Kingdom, nor intermeddle in cases of Private interest other where determinable, unless it be 〈◊〉 case of male administration of ●ustice wherein we shall see and provide, that right be done, 〈◊〉 inflicted as th●●● shall be oc●●●sion, according to the laws of the Kingdom, and the trust reposed in us, wh●ch elsewhere they say, i● to provide for the people's weal, but not for their woe, and in other of their Declarations they declare, That the l●w, and the ordinary course of ●ustice, i● the common birthright of every Subject of England, and what the Law is in case of trial, they declare it to be one and the same with that expressed in my forementioned paper, see ●., part book Dec●●●a. pag. ●, 7.38.39.77 278.458.459.660.845. see also The A●●●otomy of the 〈…〉, pag. 8, 9, 10. The Out-tryes of Oppressed Commons, pag. 7, 8. and V●x Plebis, pag. 13.14, 15.6 etc. And therefore if I be in an error, or have committed an evil in the judgement of the Parliament, for standing upon my legal privileges against them, verily by the men who●e are these, am I seduced, deluded, and led into error, discern I pray you, whose are these, these Remonstrances, Declarations, Protestations, Oaths, Vows, and Covenants, the benefit of which I ought to 〈◊〉, the which if they let me, I shall let you know I was not, nor am not altogether ●os●●it to know my own privileges at the Common Law, for I know if they indict me, 〈◊〉 they have wholly altered the government) it must be in the King name, and for committing a crime against him, & this is expressly the form of their ●●dictment●● & I am sure can be found guilty of no crime committed against him, unless it be at their command for drawing my sword & fight against him & his Army, & in this I 〈◊〉 plead their own Ordinances and Declarations, where they promise to bear me hirm●●●sse for so doing, and I am sure this is a good and sufficient plea before one of their own judges, who hath no other power but what he detives from one of their own Ordinances, which if he shall hang or destroy me, or any man, for actions done expressly in obedience to their Ordinances, for any thing I know he ought to be hanged as a wilful ●urtherer for destroying me, for doing actions in obedience to that power (and expressly commanded by them) from which he hath all his power, and hath no other power to sit as a judge, but by virtue of an Ordinance of the two Houses. But if they should condemn me for this action, what do they else but condemn in me, the whole Parliament, and all that have in these wars adhered to them. But if they should happen to indict me, for acting, committing, or endeavouring to act, or commit treason, rebellion, or insurrection against the Parliament: I very much question according to Law, and the present constitution of the Kingdom, whether any such indictment can be made or no, but if it can? I wonder then the Parliament doth not then try the Caviele●●s in the several prisons of London, that avowedly, and professedly have drawn their swords against them to destroy them, yea, and glory in it as their duty so to do, and truly it is the greatest injustice in the world, to let those go scot free that are guilty in the highest nature, and to punish him or them that is not in the hundred degree so guilty, and yet this is my case, where if here I could not defend myself, (although I believe I should be able to give them good store of strong and pulling reasons, which now I will not communicate to you) but yet they would go one and press me to plead to the indictment, I should desire to see and know, whether or no, my jury of twelve men of my equals were all legal men or no, yea, and something more besides. And in the first place, if I were indicted for treason, I might by law, except against 35. Jury men without tendering any reason for it, see the 32. H. 6. folio. 26. ●4 H. 7. folio 19 Stam. Pleas Crown, folio 158. Cocks 3. part Institutes, folio 24. and 27. and then I might except against so many as I could declare boar me a particular malice * See 28 E. 3.13. ●. H. 6.29. for pre-judgement is a good challenge by the law, for the common law of the land i●, that a jury man must be in different, and impartial before he be sworn, see Stanfords' Pleat of the Crown, lib. 3. folio 158. and Britt●n in his discourse of the laws of the Land, folio 12. and 25. l. 3. chap. 3, 12. Ass. plea. 30. Br●. Challenge 42. 101.120.142.1●6. And so within the compass of malitions men against me would come all the Presbyterians; that have taken the League and Covenant, in the second Article of which b●d●●● part fol. 415. they have iliegally and unjustly sworn to destroy and extirpate all Heretique●● one of which they judge me to be, because I will not take that ilegall Oath, nor be conformable to their Scotch; Antichristian Presbytery, and so have sworn to destroy me, before I be legally convicted, which is wicked and unlawful. For a man bound by an Oath before, to do that which he is to do upon the indictment; evidence and proof thereof, is partial, and not in different, see Cookers, pair institutes libr. 1. chap. 12. sect. 234. pag. 156. who saith expressly, I ●ers must be me● without all exceptions. And by the Statutes of 2. H. 5.3. and ●. H. 6.19. It is enacted, that ●o person shall be admitted to pass in any inquest (or jury) upon trial of the de●th of a man, or i● (any inquest betwixt p●●ty or party in Plea real, nor in plea personal, whereof the debt or the damnage declared, amount to forty makes, if the same person, (or Jurer) have not lands or tenements of the yearly va●● of forty shillings, always provided that the party to be tried do make his challenge. And by the Statute of 17. Eliz chap. 6. It is enacted, that is all cases where any l●rers to be returned for trial of any issue, or issues joined in the King's be●ch, Common pleas, and the Exchequer, or before 〈◊〉 isg●ates of Assize, shall every one of them have estate of free holdin lands, I e●iments, or Heredi●●ments to the yearly value of 4. l. at the least, and the Sheriff or other Ministers, unto whom the me●ing of the Pa●nell shall appertain, shall not return many such panel, any person, unless be ●●y dispend four pound by the year at the least, of free hold out of ●●●ient demesue, within the County where the issue is to be tried, upon pain to forfeit for every person so returned in any such p●●●ll, that cannot dispend 4. l. free hold, 20 s. It is true that by the Statute of the 33. H 8.13. it is enacted. That every person and persons being the King's natural Subject borne, which either by the name of a Cuizen, or of a fro 〈◊〉, or a●● other name, doth enjoy and use the liberties and priv●ledge, of any City, Burrough, or Tricorporate, where be dwelleth, and makes his abode, being worth in movable goods and substance to the clear value of 40 l, be from henceforth admitted in trial of murders and●el●nies in every 〈◊〉, and Gaol delivery kept and holden in and for the liberty of such Cities, ●urrought and Town●●●● p●rate, albeit they have no frethold, provided always, that this act do not extendin any 〈◊〉 of wise, to any Knight, or Esquire, dwelling, abiding, or resorting in, or to any such City, etc. And I by virtue of having been à Lieutenant Colonel, ●m an Esquire, as may easily be proved one of the Herald of Arms Office, and therefore in what place soever I am or shall be tried, 〈◊〉 lawfully make ●y exceptions against every man of my jury that is not worth in free land 〈◊〉 alper annum: And besides, if none of these will do me good, I have this last remedy, that I am confident, I shall legally and fully prove any charge whatever; that in that book I lay upon the Parliament in general, or any member of it in particular, if I may from them enjoy the benefit of the law, and then I pray what do they gain, or I lose by owning and arowing the 〈◊〉 book. But if you think that by owning of my book, they are thereby so exasperated, that I 〈◊〉 the hazard of being destroyed by them by an act of power and will, to which I answer, by that law neither you no● any man in England is safe, but liable to be destroyed at their pleasure, jo● the lesser part of themselves, are liable by that law every hour to be destroyed by the Vo●● of the Major part, and then the Major part are liable every hour to be destroyed for acompany of Tyrants and forsworn perjured men (for●re king all their Oaths which they have taken is maintain the law of the Kingdom, and l●ke absolute Tyrants, have made their will a law) by any company or multitude of men stronger than themselves, which if they should go this way to work they would every hour be justly in fear of, but if they should be so fare be stuped and b●fo●ted as to run the hazard of their own deserved ruin, by destroying me by an act of power is cold blood, by the law of their own will, I for my own particular should be no loose● by ●y translation from an earthly death, to an eternal life, and therefore I fear not their malice, nor care not a straw for the worst they can do to 〈◊〉, being (notwithstanding the fear of yourself, and other of my friends) resolved so to provoke them, that they shall either be necessitated, & forced out of mere fear or shame to do me justice & right, by making & hearing my report (now in the hands of sluggish Mr. Henry Martin, whose prisoner principally I n●w a●) judging my case, and setting me free at liberty, and giving me legal reparations for my illegal and unjust sufferings, ●relse out of mere madness, furie and revenge, to send me to Ryturne to be ●id of me, of which I am not in the least afraid, and doubt not but if God should so forsake them, and the Devil ●o sure lead them as there to hang me, but at and by my death, 〈◊〉 should (Samson like, judges 16.28.29.30.) do them more mischief than I did them all my life, by p●lling away the two main pillars, that up●● is their i●●●afely to ●e 〈◊〉 in house of tyranny. And therefore, if you would avoid the evil you fear to come upon me, I entreat you to press Mr. Martin (with whom I know you are acquainted) to make my report to the house, which he hath so unjustly kept in his hands so many months, to my unspeakable prejudice, and the unconceivable prejudice of the whole Kingdom, and if he should say, that their house are not in atemper to do either me, or the Kingdom concerned in me, justice, or right, and therefore it is better for borne then made, les● their house by Vote confirm what the Lords have done to me, to answer which I must tell you, I am as sure as that I am a man, that I have the Law of England on my side against the Lords, and which I think is unanswerably demonstrated in the foremen ioned books, and therefore let their house be in never so bad a temper, I most earnestly in't eat you to press him to endeavour to make it, and so quit his hands of it, I care not what the issue be●so he do but discharge his duty, by attempting and endeavouring to make it, and take some of his Comrades to bear witness of it, and send me the names of those that in that House stand up against me to hinder and pervert the justice of the Kingdom, in this particular case of mine, and I shall think him an honest man, and that he hath done his duty in endeavouring to obtain justice and right for me, at the hands of those that ought impartially to hand it out to me, or the meanest Commoner and legal man of England, but this Sir I do assure you, that if Irin ●in upon good grounds know the names of those that interpose their power & parts to hinder me of that justice & right which is my due in this particular, by the good, just and unrepealed law of the Kingdom, I will pay them with my pen upon the posts of London, and to the view of the whole kingdom, as well as all the wit, praines and parts I have will enable me to do, cost it what it will, I pray Sir press Mr. Martin but to endeavour the making of my report, for while it is in his hands, I am tied in a manner by him hand and foot, and cannot as I would stir for my own good, till he hath rid his hands of it, one half of whose ill dealing with me, I should never bear nor take from all the professed adyersaries I have in the world, which I must be necessitated in a large Epistle shortly to signify to him, and publish his dealing with me to the world. In the next place, if you desire to prevent that evil that you fear will befall to me, than I pr●y you improve your utmost intere●● amongst the Commons of England in City and Country, to petition to the House of Commons, either according to justice and right, to justify or condemn me, and in case they will not receive, read and satisfactorily answer their Petitions, than I entreat you improve all your interest in them, to get them publicly and avowedly to remonstrate and declare the Parliaments unjust deal with them to all their fellow Commons of England, tha● I may not be necessitated to ●un the bazard of making my single appeal against them to all my fellow Commons, as well in the Army, as City and Country, which before I will be destroyed in person without cause, I both must and will do, though I should lose my life the next day after for so doing. But now before I conclude, in regard I intent to make this Epistle public, I will communicate to your consideration, two things of special concernment to me, and the first is a peace of justice of the House of Lords in its kind, as excellent as theirs to me is, and it is the case of one Mrs. Elizabeth Walter, the breviate of which as she herself gave it me in writing with her 〈◊〉 subscribed to it, I shall recite here verbarium, saving some of the Marginal notes. The proceed of Mr. Walter in the Parliament with the House of LORDS. SHrove Sunday last is seven year since my husband left me in this town with three children, a house and family, and left me but seven pence for the relief of me and them. I followed him into the Country two hundred miles of this place, and came to him where he was in one Chapels house, who wrought such dissension betwixt us, that as soon as he see me, he took the 〈◊〉 and by the Contents of that book he swore he would never more live with me, and fell to be●● 〈◊〉 most truly, and turned me out of doors. 1 My first Petition was the beginning of this Parliament. 2 See their Order of the 2. june 1641. 3 See their Order of the 23. jun. 1641. 4 See their Order of the 27. Novemb. 1641. 5 See their order of the 10. July, 1641. and 2. of April, 1642. 6 Upon the 12. May, 1642. 7 See their order of the 13. May, 1642. 8 See his notable Decree, made 13. May, 1642. 9 See their order of the ●. june, 1646. and the Commissioners order of the 22. June, 1646. 10 See their order of the 23. Nov 1646. and their order of the 1. Feb. 1646. 11 See their order of the 28. Nou. 1646. 12 See the Moderate Jntilligence, upon the 23. Feb. 1646. 13 See their order of the 18. Feb. 1646. 14 See their fatal order of the 23. Feb. 1646 15 Whose husband Mr. Stavely, was lately high Sheriff of Leicester-shire, and a Committee man, and whose said, wife is suspected extraordinarily guilty of a kind of processed & open incontinency, yet the house of Lords committed him prisoner to the Fleet, about two years ago, for refusing to pay her Alley money, to support her in her professed wickedness, where they have kept him prisoner to this very day, a brave contradicting piece of justice, and worthy to be sounded out abroad for their Lordship's deserved commendations. On which I returned back to London, and 〈…〉 to the House of Peers, 1 for some relief for me and my children: who sent for my husband up, 2. 〈◊〉 at a full hearing, my husband being in place, before three score Lords, having nothing to allege against me but that he would not live with me, they th●● ordered by his own consent out of two 〈◊〉 pounds a year, to pay me three score pounds a year, and further what Estate should fall to him, either by the death of Grandmother or mother, I should 〈◊〉 the one half thereof, for the relief of me and my three children, 3. which is five hundred pounds a year more, All which order my husband would never obey, but still stood under contempt. 4. 〈◊〉 the house referred it to the judges, Foster 〈◊〉 Heath, 5. to draw a sequestration for my life, according to Law, which they did, 6. and brought it to the house, and the House confirmed it, 7. and ordered it to my Lord Keeper, who decreed it in Chancery, 8. and set it out under the great s●●le of England, I having all this while received nothing from the Estate, the great seal being made void, I petitioned to the house in ●●ay last, 1646, for the new broad s●ale, which was granted me, 9 and I therewith sequestered part of the Estate, but never ●●●ved but one five pounds thereof. In the mean time my husband petitions to the house for a r●-bearing, (alleging he could pr●●● incontinency against me) it was granted him, and coming with our Counsel to the bar, my counsel pleaded his several contempts, at which time 〈◊〉 were dismissed, the● he petitions again, gets of his contempt, paying me my arrears, 10. which was 〈◊〉 hundred pounds, before he should have a re-be●●ing than he petitions again, and then I was ordered to suspend the arrears till after the hearing, 11. then we had a hearing Counsel of both sides meet, without witnesses, on his side there was nothing or little proved, and ●●l●●red of wh●●●spertions were laid upon me, i● then the Lords referred it is all the 〈…〉 what alley money was due to a woman by the law, 1●, who reported there 〈…〉 report they dissin●ulled all their former orders, took of they s●●●stration, 14. and distressed the cause, though my Counsel cited to them several cases of wom●n, that were found g●●●ry of incontinency, As Sta●ely, 15. Dutton and others. I have spent above four hundred pounds in the suit, and now no less without release as at the beginning. The Judge's report was but verbal which is no●●●din●●●, At the giving me an estate, there was three score or four scare Lords, at the raking it away, there was not above twelve or fourteen, and two of them protested against it, which was my Lord North and Moulgrave. My Counsel were Mr. Maynard, Mr. Horn, and Mr. Nudi●●●. Elizabeth Walter. Now I pray you friend judge and consider, whether or no these Lords be not a company of brave and gallant conscionable men, fit to be our Law makers indeed, that can make a poor Gentlewoman dance above 6. year's attendance for a little relief to keep her and her children alive, (for you see that when her husband left her, he left her bereaven pence, and did not forsake her for any undutifullnesse or incontinency but rather th●● he●●igh● have elbow room enough to live as incontinent as his lust pleased) and yet in conclusion to expose the poor Gentlewoman and her three children in the eye of reason to a perishing and starving condition, after she hath spent above 400. l. to obtain that at their ●●●ds, that in itself is as just, equitable and conscionable, as any thing in the world can he, c●nduf●●r they have made her order upon order, for the possessing of her just desire, (〈◊〉 full I think for I have read the mall) as it is possible to he comprised in paper, and I desire ●ot only you, but all the Ladies and Gentlewomen in England, yea, all the Fathers of Feminine creaturel, to consider what a sad thing it is, that if they shall bring up their daughters well, and bestow large portions upon them, and marry them, and their husbands shall live with them tell he hath got three or four children upon them, and then at his pleasure without any just cause given him by his wife, (for ●he satisfying of his lust, upon a whore or whored) shall leave, his wife and children to the wi●e world, and not allo● them fix pence to live upon, and then (which is worst of all) to be in such a condition, that they have no legal way to compel him to do it, (for it see ●●es by the gallant, but not unspotted justice of the House of Lords to this Gentle woman, there is none) and yet they can find some to commit Mr. St●vely to prison, for refusing to pay his wife ally-money, who I myself have heard him, etc. say, li●es in the highest professed, and open incontinency that a woman can, I pray answer me this, whether these very Lords do not by these two forementioned actions visibly declare, that they are greater friends to whores and rogue's then to honest & chastmen & women & whether injustice & oppression be not more delightsome to them, than justice, righteousness and truth? and whether or no it is possible to be in a worse & a sadder condition, then when such men as these fi● at the Helm, and govern the stern of it, not by true, just, rational principles, but by the crooked, ●hir stand perverst principle of their own crooked, partial, and depraved wills. 〈◊〉 England, England! woe, woe unto th●e, in this thy present sad condition, which thou seel, 〈◊〉 will not see, and which thou feelest, but wilt not feel, but stoop Isakar like, unto the burden, and no●●●ke any rational course for thy preservation, from being as brillancy and a prey to every from 〈…〉, which 〈◊〉 neessity thou must 〈◊〉 in conclusion, in the way that is now ●●ad, ●●●●ly if the Lords of C●●mons, or both of them put together, ●●y do unto thee what they please, without my control, because they are thy Magistrates, and thou with all submission must stoop unto a, 〈◊〉 of necessity thou art guilty as a wilful murtheter, in sh●ading the blood of all the Cavi●●●●, for endeavouring to protect their King from thy violent and furious hands, who is a hun●●ed times more secured and fortified, with the expressed and declared law of the Kingdom, than the Parliament is, who now do what they list, yea, levy money upon us, and put it in that own pockets, and pretend we must 〈◊〉 question them, and ask them wherefore they d●●s●, because we have rusted them. Oh brave Parliament principles indeed! fit for the gre●● Turk, then for English Parliament men. The second thing I shall declare to you, is the scandalous and base dealing of William 〈◊〉 with me, a fellow so unworthy and base, and so fraught with malice and blood th●● 〈◊〉, and so habituated in telling lies and falsehoods, that a man of unspotted worth, honour and integrity, would scorn (as job saith chap. 30. 1●) ●o set him with the dogs of his flock, who a about this 3. years hath been an agent in the hands of the Devil, maliciously and causelessly to endeavour (with all his might) the destruction of the generation of the righteous, purposed with the blood of the Lamb in this land and Kingdom, and either to have them 〈◊〉, hanged, killed, or banished of which when 〈◊〉 a well wi●●er alve●●●s●● him, as you may read 〈…〉 primed spistle to him, dated 7. january 1●45. and in my printed dragon's delivered into the Committee of Examinations, dated 13. june, 164●. the 〈◊〉 was filled ●o fullon fury as 〈◊〉 be would eate me up at a mouthful, and tossed and c●mbled me at Committees, so as if 〈◊〉 would have beat me to dust and powder, as you may partly read in my printed Epistles, 〈◊〉 25. july, 1635. and December 1645. Yea, and one day in Westminster H●ll laid violent 〈◊〉 upon me, having my sword in my hand, to provoke me to strike him, that so I might lose 〈◊〉 hand by striking in the face of the Judges, fitting in the King's ●ench 〈◊〉 Westminster hall, 〈◊〉 afterwards his two great Co●●●● Dr. ●est●ick and Col King, having b● the Spea●en means, (Pr●●s Patron) got me ●ni●stly clapped by the heels, from the 19 of july 16●● to the 14. of October. 1645. I was by the whole house of Commons honourably released, as you may read in the 34. pag. of J●nocency and fr●th justified, but yet in that unjust and untighteous imprisonment, I was ordered by the House of Commons to be tried at Newgate S●ff●●● for my life, by the powerful influence of Mr. Speaker and Mr. Gline, Recorder of London, in which business I have just cause to think that Pryn had more than a finger, because that when he see I was likely honourably to be delivered as a spotless and innocent man, he frames a book, and publisheth it Cumprivilegi●, and dedicates is to Mr. Speaker, in which book called The Liar confounded, he positively acculeth me of a most transcendent crime. viz th●● I have conspired with other Separates and 〈◊〉 to 〈◊〉 out the Members of this Parliament by degrees, beginning with Mr. Speaker, when if they could eat off (he saith) all the 〈◊〉 would easily follow: and if this s●●●●ded not, then to suppress and cut off this Parliament by force of Arms, and set up a new Parliament of our own ●●●se and faction, by this ba●●● charge, P●yn manifestoth himself a perfect Knave, and enemy to the Kingdom, in that he knew me guilty of such a thing, and never to this day durst question me or prosecute me for it, and if it be but one of his false malicious suggestions, than he proves and declares himself a liar to f●ix so notorious a falsehood upon him that now, as well as formerly in this and all other things, bids defiance to him, see my answer to this in the ●5. page of my book called Innocency and truth Justified, yea, and in the some false scandalous and transcendent lying book of his, beside scores of lies, he 〈◊〉 positively 13. or. 14. upon me in less than I lines as I have truly declared in the 4, 5, 6. pages of the last ●●●●tioned book and there offered to his face, publicly to prove ●hat there I say against 〈…〉 ●●e lying and pa●lte●y fellow durst never embrace my challenge there made to him, ●●r never so much as in any of his late volumin●s lines, return one word of answer that ever I could see to what there I justly 〈◊〉 upon him, and therefore by his silence in their particular, though be hath pr●●●ed scores of she●●● since, have given me just cause now to proclaims him so 〈…〉, and base a liar, that he is not ashamed ●o ●ell and publish above a dozer in ●, lines. But the cowardly unworthy fellow, like one of 〈◊〉 broad, who was 〈◊〉 from the beginning, John 8.44. knowing that I was fast by the h●●les, under a great indignation of the house of Lo●ds, and knowing that my business by way of appeal was depending in the house of Commons, and eady for a report, that he might blast my reputation and credit, and so by consequence destroy me and mine, some weeks ago at the house of Commons b●t, (as I have been informed from many good hands) made a most false groundless and lying report of me, that I was in their debt above 2000 l. which I had little be●●● than co●●●ed them of and in his late book published since, and dedicated to the House of Commons, called the Sword of Christian Magistracy supported, in the 10.11. pages of his Epistle, he strongly endeavours to 〈◊〉 me more odious and capital, than the late beheaded Arch Bishop of Canterbury, and there and else where in his base lying book, presseth them to punish me as se●●rely as they did him, although I am confident he is not able to si● any crime upon ●e, but that I am honester and j●ster than himself, and stands for the laws and liberties of England, which he endeavours to destroy and overthrow, and set up a perfect tyranny, as by his late printed book● is to evident, and though in this book as well as the Epistle, he hath so many bitter charges against me, yet in regard I have proved him so base and notorious a liar already, which by his not vindicating of himself, he to my understanding grants to be true, I shall only at the present return as brief an answer as I can, to that most notorious lie of his laid 〈◊〉 in the 12. p. of his said Epistle, (after he hath expressed the Lord's ●●●ity to me, i● not murdering and destroying of me ask● would have them, for no crime in the world but for maintaining the just and good laws of the Kingdom, which they have all often sw●r●● to preserve,) he expresseth himself in these words. And yet this obstinate seditious ungrateful w●●ch, in stead of ●aving pardon for his most insolent a fain like Libels * Thou ●rt a calumniater for my books are no Libels having my name to them to justify them. contempts against the whole House of ●●ers, and several particular M●●●ers of it, because your honourable House of Commons, will ●orr●l●●se him upon his Libelle us Petition, (against all Law and justice, i● affront of the Lords, * Who I say justly deserves it, for treading under their fe●● the fundamental laws and liberties of England, as in my cas● they have 〈◊〉, which 〈◊〉 will 〈…〉 the Pri●●, and all thy g●●gli●●, lying associates in England. and their privileges) in this his mutinous Libel, (viz. The Oppressed want oppressions declared) rails more upon your honours then the House of Peets, not only clamouring, upon you for arrears of pay, (when as there is not one farthing 〈◊〉 to him, for aught he could make appear upon the reference of his Pe●●tion to the Committee of Accounts, who gave him a charge of ●●ove 1100. l. received from the Earl of Manchester and his officers ●●ly, besides free quarter which he took, of which he ●ever yet gave 〈◊〉 account) but like a most seditious unworthy creature, ●●●●ed●●ted of with so●e Malignants, in the Tower (who have furnished him with ●●●taken law and Records, to drive on their designs,) he th●●● 〈◊〉 you, etc. Now for answers to which charge of 1100. l. that ●e falsely saith I received, for my ow●e vindication 〈◊〉 ●●e world, I shall give you this account▪ that by Commission under the hand and scale of 〈…〉 of Manchester, ●ated the 7. day of October, I 〈◊〉 I was made Major of a foot Regimens to Ch●● Edward ●●y, and then the 16. of May, 〈◊〉 I was made Lieutenant Colonel to the Earl of Ma●●hesters Regiment of Dragoons, which 〈◊〉 sted●ill about or unto the last of April, 1645▪ at which time I delivered the Troop and ●●●ment up to Col. John Obely near Ab●ageon. By the first Commission there is due to 〈…〉. ●●s. for 223. day's service, at 24 ●. per 〈◊〉, and by the second Commission there is 〈◊〉 to me 612. l. 10●. 〈◊〉 for. 350. ●●yes service at 3●. s. per d●●m, both being 〈◊〉 2.5. of all which during my service under the Earl of Manchester (I aver it) I never receive● 200 l. as pay for all Prins lies, 'tis true, that 〈◊〉 or upon the 20. of December, 1645. I receive 〈◊〉 Mr. Ne●thr●p, Col Kings Treasures, 〈◊〉 Mr. Tilsons House in Boston, by the hands of 〈◊〉 St●dders tho● my Lieutenant, 〈◊〉 Cap●●●ne in Sir Har●resse waller's Regiment, the 〈◊〉 51. l. 1. 〈◊〉. 10. d. for so 〈…〉 ●id out for Col▪ King at London by his own order, 〈◊〉 guilt Sword, a Plush Coat with 〈◊〉 and Silvey Cl●ps●s, 10. yards of ●lush for his wife's 〈◊〉 a Cornet and ric● banners, two parts of Stockings, one Crimson velvet saddle, one bl●● 〈…〉 saddle, and one Scarle● saddle with f●rnitures three pair of bolsters satable, and 〈…〉 and padlock to pa●k them in, and then also I laid out for him 25 l 1.1▪ 6, l. and delivered 〈…〉 a bill of particulars, and received my money of his man, for 7. yards of fine grey cloth, 〈◊〉 ●●●ver tri●●●ung, three p●●re of Sp●●●, Sold●● wi●●es, Gloves, a ●ath●rs cal●, a 〈…〉, and forty pair of gr●●● bi●s, for portage and ●●rriage from London to ●osto● of ●55. l. 〈…〉 l. But I hope Col. King doth not inten● to make either me or the State to pay for all this his bravery. After this I laid out for divers other particulars mentioned in a note, which I gave 〈…〉 and his clerk, 23. l. ●. ●. 7. d. which money I received in February▪ 16●3. and being Ma●● of the town of ●●ste● under him, that often occasion to lay but small sums of money for 〈◊〉 fall things to the value of above 50. l. the particulars of which I always gave him 〈…〉 clerk under my hand, ●●d received my money in reference to such a ●●●e dated such 〈◊〉 as by my notes and receipts under my own hand with him and his Clerk will fully 〈◊〉, I also the 13. january 1643. at Lincol●e, received of his Clerk 200. l. which was laid 〈…〉 followeth. Paid to Captai●e Cotton for the Colonel's company, and Lieutenant Col● 〈◊〉▪ ●●srots, and Capt. ●res 〈◊〉 a ●●●●le town within half a mile of Lincol●e upon the 〈…〉 house ne●t the heath, 140. 〈◊〉. p●●d to Cap. Doting Lie●t. 15. l. paid to Capt. Wregs 〈…〉 l. paid to him that Commands Capt. A●ers men as Quarter master upon the beating 〈◊〉 of their Quarters near Lincol●●, 4. l. that he is to be accountable for, and six pound for himself by the Col●● order, paid by his order to john ●●ost and john H●gger two of his Soldiers, ●o carry them to Cambridge 2. l. laid out to my Soldiers as per my roll of the 17. D●●●●er appears ●7. l. 3. s. ●. d. paid for bringing arms ●●o●● Lincol●e, 〈◊〉 paid for carrying ammun●●●● at several times to S●mpringb●●●, and S●le●f●rd, 11. s. 4. d. and this note his Cle●●● 〈…〉 self did a little while after the said 1●▪ january perfect, and he received particular 〈◊〉 from the several Officers upon their acknowledging they had received the above said some of me, and I dare ●●ldly say it, I was as exact in perfecting all such accounts as this with his 〈◊〉, as an who pl●ce p●●in England is in keeping his books, a● by the notes of particulars in his hands will manifestly appear, and then for my Soldiers with him, they were so con●●●●●ly mustered under the Collon●l● no●e by one of his own creatures, that it 〈◊〉 impo●●●● 〈◊〉 man had a mind unto it, to have paid the k●●ve, especially either I or any under my particular command, being●●●●mity with his Muster master, and besides I a●er it, that if one 〈◊〉 we made a muster, and the 〈…〉 we made another, if my one of the Soldiers that was in his muster roll the week before, were absent by sickness the second time, although he lay sick● in the very same Town, and though we named the house where he was sick, and were ready to go● to show him to the Muster Master, yet so exact w●● Col. King, that I nor my Lieutenant was not trusted with the pay of my particular fie● Soldiers, and as for the payment of them, their money was most commonly received and paid by my Lieutenant, yet I commonly g●●e the rece●●● for it inder my hand, in as exact a way as it was possible to make it, viz, received such a day, so much money, far so many days pay, for say ●●figne, two Sergeants, three Corporals, and so many common Soldiers. My Lieutenant himself usually received his own money, and I received of Th●. Hewer the Cols man at three several payments about three sco●epoun●s, which in my receipts I mentioned as my own porticular pay. Besides this in February and March, 1643. I received of the ●●nd T●●ma● Hewer and one Mr. Browne, by Col. King's appointment, betwixt two and three hundred pounds, in part of payment for divers things delivered at his e●●est desi●e in his straits, into his Magazine at ●oston, at least by 20. l. in the hundred cheaper than he there paid at the 〈◊〉 time for the like, the exact copy of which particulars, as I had them under 〈◊〉 hand of his o●ne Magazine k●epet (the original itself to my remembrance being delivered to Mr. 〈◊〉 at Lincol●●) thus followeth. A note of all the Swords, Belts, and Holsters for Pistols, and Bandeliers That Major Lilburuc caused to be brought into the Magazine at Boston. February 5. 1643. Received from London by Major Lilburno● appo●●●●●, two hundred and ●i●●ty Swords, more received immediately after by M●●●r Lilburno● 〈◊〉, five hundred Swords, Feb. 1643 Received from Thomas Forman at Lyn by ●●●ior Lilburnes appointment, me chest of Swords, containing two hundred, received 〈◊〉 April, after from Ma●or Lilburne, that his men brought into the Magazine and delivered 〈◊〉 to my s●● Sh●pherdson, twenty Sword●, so 〈◊〉 ●●ceived in Swords 1010. Received of Maior Lilburn 80. pair of Holsters for Pistols, and th●● hundred ●●●ts for Swords▪ ●●●ived of Mr. Wood and Mr. Wind by Mayor Lilburnes ●pp●●●●●●, ●e 〈◊〉 s●●●d colours of ●●●del●rs, all these Swords, H●●●●●ers for Pistols, 〈…〉, ●●●i●rec●●ved 〈◊〉 the Magazine from Mayor Lilburn, but what 〈◊〉 is paid 〈◊〉 for 〈◊〉 of them I 〈◊〉 not. By me Richard Coney, keeper of the Magazine in Boston. Now if you please to read the 42, 43, 44. and 46. pages of 〈◊〉 ●●●●●y and Truth i●●stifi●d, and the ●, 4, 5, 6, ●, 8, 9 pages of my painted Epistle to ●●●ge 〈◊〉 called Th● just 〈…〉 you shall largely and particularly 〈◊〉 the cause of Kings ●●lling ●●●●nd ●i●●, which 〈◊〉 principally for his endeavouring in my apprehension in b●●●y hi●●●ust, ●f●●● our fatal 〈◊〉 at Newar●e, at which time, all accounts betwixt him his clerk and me, was even saving 〈◊〉 own particular pay, and betwixt 100 and 200. l. for the foresaid Swords, etc. 〈…〉 〈◊〉 when I was going away, I bro●ghut him in a true account 〈…〉 head wh●● was due to 〈◊〉 for them, and what I had received; and I am sure this was his answer, he had 〈◊〉 money 〈◊〉 ●●●●e then, but as soon as any came in he would care to p●y●●●, so away I went to ●edford, ●●●y General, as in the two last mentioned books, you ●●y 〈◊〉, and afterwards to L 〈◊〉 〈◊〉, where we had notable bussing, to bring King to a Council of War, for his gross and palpable knavery and treachery, but we could not bring him to the touchstone, because the harle of Manchester and his two chaplains, Ash and Good, protected him in his baseness, after that being at the siege of York, Mr. Tredwell a Cutler, living now at the Lion were Fleet-Bridge, pressing me to perfect the account with him for the Swords I had of him, and being in a strait how to get my money from King, who I knew was mad at me, for presenting him so hard, I went unto Dr. Staines and complained to him, who gave me this ensuing warrant. By virtue of my Commission of Auditor General for the whole Association and Army, and by virtue of my Lord of Manchesters' present Order, these are to require you to give an account, what monies or payments have been made to Major john L●lburn, Captain ●●bert Lilburn, and Captain Lieutenant Henry Lilburn, and to send it by the le●ter hereof. Given under my hand, by my Lord of manchester's warrant this 11. of june, 1644. Also you are to give an account under your hand, what moneys Major john Lilbur● h●●h received of you for Swords, Beles, Bandaleers, Holsters, etc. delivered into the Magizine of Boston. To Thomas Howet Clerk to Col. King and pay master to the forces there. per me Will. Stain. This warrant I sent away to Boston by a careful hand to my wife, to follow the Clerk, King's menial servant for an account, but none she could get, and then after Marston ●●●re sight, etc. we came into Lincolnshire, where I met with the foresaid Mr. Tredwell, who pressed me for some money due to him for the foresaid Swords, and I went to Col. King with him th●n at Boston, and after an outside compliment in his Hall, I told him I had got Auditer General to send his warrant to his man for an account, but it would not be obeyed, and therefore I was come to him myself with my friend to desire him to pay me the rest of the money due to me, for the Swords, etc. he had had of me, that so I might pay my friend that which I owed him, for some of them, whereupon he told me he had none of me, unto which I replied you will not offer to say so, for at your earnest entreaty I provided them for you, at cheaper rares a great deal then here you could have them; and by your express order delivered them unto your Magazine keeper, who under his hand hath acknowledged unto me the receipt of them, and you yourself hath often been at the Magazine with me to view them, and thanked me for the cheapness and goodness of them, and hath also under your own hand sent me divers orders for the issuing them out, at which the man was in a mighty fury, and fell a raging at me, and bid me before my friend as if I had been a dog, get me out of his doors, whereupon told him he was a base impudent lying fellow, and if he durst manifest so much manhood as to come out of his own doors, I would ●udgell his coat for abusing me, but he played the coward and durst not ●●ir, and so we parted▪ Now let all the rational men in England judge where the fault 〈◊〉 that my account was not made up, and upon this Mr. Tredwell and myself went to Li●●●●●, where we fully made Lieutenant General Cromwell acquainted how it was with us, who by his earnest importunity with the Earl of Manchester, got him as I remember to order Mr. Whover to pay Mr. Tredwel 150. l. which he received of him, and besides I perceiving before first left Boston, that Col King intended to play the Knave with me. I reserved above 200. p●ire of my Hou●sters which he should have had from me in my own hands, and afterwards got M●●●ackson of Boston in his shop to sell some of them for me, and the rest by the Earl of Manchesters' express order, Col. Edward Ro●●●ter in his necessity had of me, for which 〈◊〉 remember I received 40. l. of M●●●aver, and besides reserved about 20. l. worth of Sword belts which I was necessitated to bring to London, and have them till in my own hands, and should willingly take for them less by 5. l. then what they cost me, and so much for King. And now in the second place, for money received by me when I was Lieutenant Colonel of Dragoones, in which service I am sure I spent divers months and never received a penny, no not so much as to buy me a horse shoe, being forced to lend my Soldiers money divers times to shoe their horses, part of which I lost for my reward, and I am sure that from Feb 1643. to September 1644. which was 7. month's time, I received not six pence pay, and then as we marched to Banbury leaguer, at Daintery town, I and other of my Officers received at the hands of the Northompton Committee. 800. l. as part of six week's pay, 215. l. of which Major Evers, my Major had for his troop, and Capt. Beama●t 185. l. for his troop, and Capt. Abbot, 180. l. for his troop, and myself for my troop 220. l. which then by my muster roll and debenter daited from the 25. March, to the 26. of August, 1644. excilu● being 22. weeks consisted of myself, Lieutenant, Cornet, Quitter master, two Sergeants, three Corporals, two Drums, and 85. common Soldiers, which said money at that Town's end was immediately paid to the troop, every Cemmon Soldier having out of it sive weeks pay to pacify the mutiny they were in, and I am sure there was not one Soldier in the muster roll but had it to a penny, and the Officers slaid for theirs tell we came to Ba●●bury, where I sent my Quartermaster and other Quarter-masters to Mr. Golson. the Treasur●● for the rest of the six week's pay, which every troop then and there received; and I am sure mine was faithfully disposed of according to the Muster Roll to a penny, only as I remember, one or two had lost their lives at the Castle before the last money came, and then after that siege we marched to the siege of Crowl●nd, a service hard and difficult enough, Where my Cornet received 100 of the Cambridge Committee, in part of the foresaid debenter, out of which I paid my Officers and all my Soldiers th●n in being 14 days pay, which according to the rules and practice of War I think is more than I ●●eded ●n strictness to have done, for 14 days pay according to the forementioned Debenter comes to almost 130. l. all the slain and dead pays of which tell the ●ext muster, I might if I Would justly h●ve mode my own▪ and then in my absence at Stamford as I remember my Lieutenant made a new muster, from Whom I received three W●●kes pay, and he himself paid the Soldiers their pay, I think justly for when I came down to them at Sir Richard Stones, near Huntlington, heard no complaints from any of them, Where I 〈◊〉 paid them 14 days pay I had r●●●ved for them at London, and they having lately at Melton Mobury had a Skirmish with Sir M●●mad●ke Langd●●, some of my Soldiers were wanting which my Lieutenant told me he did confidently believe were slain, upon which at his desire, as I remember ●●paid three Soldiers that he had listed since the last muster, but I was a loser by the bargain, for the Soldiers supposed to be slain were only prisoners, whose pay after their deliverance I faithfully in Glocestershire &c paid unto them, and this is all the pay to a penny I received as an officer of D●●goons, being in all 91▪ days pay, which for me, comes to 91. l. And after this being in London, D●. Stai●es cold me my brother Robert owed him 10. l. which he lent him, which he entreated me to p●y him, which I condescended to, if he Would got me a Warrant from my Lord for 20. l. which he did, and I received ten p●unds of the Treasurer, and he ten pound more, and I gave him a receipt fo● 20 l. So here is a true account for all the money and pay I received, and I was never un●●ll●●●● to come to a true account, but having always truly sought for it, for when the new Model was a framing, I was by no mien man profi●ted a good command in it, but seeing that visibly there was such bitter designs against the poors people of God, who then as well as now were strongly endeavoured to be destroyed by them who with all their might they had endeavoured to preserve, and also the laws and justice of the Kingdom to my understanding in a very sad condition, I plainly told Lieutenant General Cromwell, I would die for Turnips and Carrots before I would fight to set up a power to make myself a sl●ve, which expression be relished not Well, Whereupon I told him Sir I Will (if I Were fire to fight again) never serve a jealous master While I live, for the Parliament by their late Vote hath declared a i● clousie in all men, that W●ll not took the Covenant, Which I can never do, 〈◊〉 any other of their ●athes, and therefore seeing I have served them faithfully, and they are grown jealous of me Without cause, after so much assured experience of my faithfulness, I Will never in the mind I am now of s●●ve them as a Soldier, While I breath, let them g●● Whom they please and do what they p●ease. And upon my ceasing the life of a Soldier, I with mu●h industry and difficulty upon the 1●. November, 1645. got a Petition read in the House of Commons for my Arrear, etc. which Petition you may read verbatum with the Houses answer to it, in the 64, 65, 66, 67. page's of innocency and Truth ins●ified, where you will find they order: That it be r●fo●ed to the Committee of accounts, to cast up and state the accounts of Lieut. Col. Lilburn, and ●ocertifie What is due to him to this house. Ordered that it be referred to the Committee of accounts to call Col. King, and Dr. Stane before them and. to state their accounts, and What is due to Lieut. Col. Lilburn from either of them. And thought it were strange to me to be referred to William Prin my ●ortall, malicious and deadly enemy, yet I went to the Committee of accounts, and what passed betwixt us, you may read in the 68 page of the last mentioned book, the sum of which was, William Pry● being in the chair, tendered to me an oath, which wa● to this effect, that I should swear what what was due unto me, and what I had received, and what free quarter I had had, what horses and arms from the State, which oath for the reasons there mentioned I refused to take, and am still resolved rather to lose all my money, & to be hanged, before I will make myself such a slave, by depriving myself of the benefit of the good and just law of England, by taking such a wicked and unlawful oath, knowing very well that by the law of England, as well as the Law of God, a man is not bound to swear against himself, where either his own honour, credit or profit is concerned. And therefore having besides been plundered of divers of my papers concerning my Soldiers and Muster rowle● at the siege of Nowa●k, whereby Kings meane● I lost four horses, my port man●le, and , etc. to the value of almost 100 l. and was stripped from the Crown of the head to the sole of the foot, and forced to march divers miles without either has, cap or Periwig, (having lately before lost my hair with sickness and cruel usage in Oxford Castle, by William Smith, that merciless Turk) breaches or dablet, bouts or shoots, over hedge and ditches for the safety of my life. By reason of the loss of which papers, it was impossible for me upon my oath to give an exact account, and besides I never in my service dreamt of any such thing, walking then by that rule that was established in the Ordinances then in being, thinking that if the Army Committee that was set over us to look to us * See the Ordinance for the Earl of Manchesters' Army of the 15. July 1643. b. d. 2. pt f. 275, ●76, 178. and of the 10. Aug. 1643. fol. 286. and of the 11. ●ct. 1643. f. 360. and of the 20. Jan. 1643. f. 413 4●4, 415.416 and of the ●5. May 1644, 492, 493. and of the 26. Sept. 1614 f. 451.452. and compare them altogether and see if the Committee of accounts, or their selfe accusing oath be in any of them, and if not, why am I required to take it. and the Counsel of War that was to punish us for any the least misdemeanour committed, had nothing to say to me nor accuse me of, that I should have had my accounts audited and signed by those persons named in the Ordinances under whom I served, and not be brought to a Committee at London, that was not in being when ●ingaged my ●se, nor had all the while I was a Soldier no power over us, nor never was in the field to know that belongs unto a Soldier, and are merely in my apprehension intentively erected to cheat and ensnare honest & faithful Commanders of their just due, though for my part I do acknowledge I hate no particular charge concerning myself against any of that Committee but ●ryn. And when I told-them I had my commissions ready to justify my service, and craved so much money as my right for my faithful service, and therefore desired them to let me receive a charge what moneys, &c they could six upon me, and I shall either acknowledge it or disprove 〈◊〉, but they told me they could do nothing in my business unless I would take the oath, than 〈◊〉 told them I must and would repair again to the House of Commons that sent me thither, so I was dismissed without receiving any charge, though I earnestly desired it, and so it remained and I followed my other business about obtaining reparations from the houses about my Star-Chamber sufferings, which when I had got it into a good forwardness to divert and disinable me to follow it by pryn's means, as I conceive, I was summoned to come before the Committee of Accounts with a warrant in these words. By virtue of an Ordinance of Parliament of the 12. of February, 1643. for taking the general accounts of the Kingdom, these are to require you to appear before us of the Committee appointed by the said Ordinance at the House of sir Freeman in Cornhill London, on Wednesday, next at ten of the clock in the forenoon hereof fail you not dated the 9 of March, 1646. Authony Bidd●l. Thomas Hodges. Robert-Ellis. john-gregory. Thomas Bramfi●●●. Henry Hunter. Richard Burren. Hump●rey Ford. To Lieut. Col. john Lilburne. And coming before them, I desired to know their plesaure with me, and Mr. Pryn being in the Chair told me to this effect, Lieut. Col. you were some months ago with us, by virtue of an order of the House of Commons about your accounts, and we gave you time ever since to state them, but we hearing nothing from you, according to our expectation about them, we have sent for you to clear yourself of above two thousand pounds that is fixed upon you to be ●eceived of Mr, Goulsone the treas●●ter, Mr. Weaver, and Col. King, unto which I replied to this effect, with the favour of this Committee, I by my own seeking procured the Order from the House of Commons that gave you particular cognizence of my accounts, and accordingly I of my own accord brought it to you, being not compelled thereunto by any man, & according to that which I conceived just I ●●●●●estly desired of you, that the par●●es concerned ●o my accounts might by you be summoned to come before you, & that face to face I might rective a charge of what moneys they had paid me, that so I might either confess it or disprove it, and then obtain your certificate for that which is behind, as due to me, which I am very confident it divers hundreds of pounds for any pay for my hazard us, faithful and industrious service, and truly Gentlemen, you refusing this unto me as you did, and would ●●●e had me upon my path to have charged myself, which I for my part though you have an Ordinance of Parliament to authorize you so to do, did, and still do conceive it unjust, and therefore without hope from you departed to seek my right, in a more legal and just way from those that sent me, 〈◊〉 these was the terms upon which we then parted, and I am sure you neither desired not commanded me any more to come to you, neither did I promise to come to you, and besides th●● loss of time, is no l●sse to you nor the State, but to me, in whose debt the State is, and a● I to them, and assure yourselves, if I had not assuredly known that the State is in my debt, I would never have taken so much pains, to have run through so many difficulties to have got my accounts audited. And set the 2000 l. and above, you say I am to account for, it is very strange to me how it is possible to fix such a charge upon me, having never received I am confident 100L. l. of the Earl of Manchester, or any under him, for all my service under his command * ●t is true, when I was a prisoner in New gate by the House of Commons, they upon the petition of some of my friends in London, (which you may read in Innocency and Truth justified, pag, 29. ●0. sent me 100 l. which I was t●ld was in part of my arrears, though I did, and still do l●ke upon it, as a gratitude of the house, for so unjustly imprisoning me, as than they did, or else of Mr. Sp●●ker who was the principal instrument of clapping me by the heels, without ever hearing me speak one word for myself or examining one witness against me, or ever to his day telling me wherefore I was so imprisonned. and for the money for my Soldiers, it was most commonly paid unto my officers, and besides it was so little, and so seldom, and so well known before we received it, to the Soldiers, how much it was, that it was impossible for me or any under me, to co●●● them, much l●sse of any such sums, to be compared to 2000 l. And therefore I make it my earnest desire unto this Committee, that I may receive a particular charge from you in writing, and that I may not be tied up to a few days to answer it, but that I may have some competent time allowed me, that so I may not be hindered or disenabled to perfect my business now depending before the Lords, which I have already made a good progress into, and have got a decree for 2000 l. for my Star Chamber sufferings, and am daily to wait upon them to perfect an ordinance they intent to make and send down to the house of Commons, to enable me effectually to receive the full benefit of their decree, and hope Gentlemen, you will not hinder me to follow my business, by commanding me to wait here upon you, when I must of necessity be waiting upon the Lords or the Commons, and if you should command me to wait here, and I not come, by reason of my business at Westminster, which I am sure some of you knowe● of, you would go near to take it for a contempt, yea, and for it, it may be clap me by the heels, by means of which my business with the houses would utterly be undone, and therefore I desire some competent time, but as I remember it was positively told me they could not give me such a particular charge as I desired, before I had taken the oath, but yet divers of the Merchants said, God forbidden they should hinder me from following my business at Westminster, especially seeing as one of them said, my business before 〈…〉 obtained by my own solicitation, which they conceived I would not so earnestly have followed unless it had been for my own advantage, and hoped for benefit, notwithstanding the ch●●pt of 2000 l. etc. against me, but Mr. Pryn pressed that I might speedily come again, that so the state might not suffer by reason of the moneys I had received, and before them stood charged with. Truly Gentlemen for all this charge, I ●m every consider●●● shall make it evident that I have been, and am as free from defrauding the State, or any of my officers or S●●●●e●s of a penny as any man in England that ever the Parliament employed, and I am ●ure that I am not in the Parliaments debt, but they in mine, and seeing that which I seek from them is but some hundreds of pounds and the business I am now of following of concernment to me, two thousand pounds thick, I pray give me leave for a time to lay the lesser concernment aside, that so I may not be disenabled to prosecute the obtaining of the greater, and Sir, if you Mr. Pryn think I am not responsible to answer the charge, you may either put in a bar to make stoppage of the money I expect to receive by my decree, or else I will put you in good security to answer this charge. With which the Committee was satisfied, and demanded of me what time I would demand, but I told them I conceived it not ●●●venient for me to make my demand, before I heard how long time they were willing to give me, and they bid me take a month or six weeks, for which I thanked them but withal to●d them, I would be with them sooner if I g●t my business done, but if I could not get it done, I ●old them I thought I should sca●ce be able to wait upon them, ●ell I had perfected that, so they left it indifferent. And this relation which here I have made for the substance of it, is a real truth, I do protest it in the sight and presence of God, and therefore dear friend. I pray you judge and consider seriously of the ●itter and implacable malice of this lying and base fellow Will●am Pryn, for I do assure you to 〈◊〉 remembrance I failed not to be at Westminster every day the Parliament sat, to follow my foresaid business, from the day of my being before he said Commi●●●●ee of accounts, to the day of my unjust imprisonment, in New gate by the Lords, which I am confident of, William Pryn by his secret and close designs h●d a finger in, and that he laboured by all the in a●●●s he could to ●inder me from obtaining my said two thousand pounds, for immediately upon my good success in the Lord's house, his brother in Evil Doctor Bastwick, put in his business of purpose to clo● mine, so they all sat still before I had likely without rub to obtain my just desire, and being a Presbyter, obtained quick dispatch there, and as I was informed foore thousand pounds, for his damages, although I am confident of it, my bodily sufferings was twenty times more than his, and I am confident of it in the eye of reason there was twenty times more visible ground for his sufferings th●● mine, I having not writ● line against the Bishops, etc. nor meddled with them, tell they forced me to fly London, and he had avowedly writ divers provoking, and invective books against them before his sentence in the Star-Chamber. And besides I am confidently persuaded Pryn was the main instru●e it to provoke his rea●●e our Tyburn deserving comrad?, and extraordinary great associate, Colonel Edward King to arrest me upon he 14. of April 1646. in a false and feigned action of two thousand pound, for calling him Traitor, which I aver he is to the Parliament (if a man can commit treason against them) having ●s will easily be proved, (if the Parliament would do any justice upon knaves and Vi●●ams) betrayed his trust reposed in him derivitine from and by the Parliament at Crow●a●d, etc. which said unjust arrest did not only disinable me to follow my business, but necessitate me to write that f●●●ll Epistle to Judge Re●●●, dated the 6, of june, 16●6, now in print, and called the Just man's justification, in which I have so truly, and lively pictured, the said unworthy follow King, that I believe all the picture drawers in England cannot mend it, and being necessiated by way of defence to touch ●●e Lord of manchester's exceeding guilty conscience for protecting Col. King from the ●allowes, contrary to justice and right and the Law marria● established by ordidance of Parliament u●der which authority they both fought, though I am apt to think neither of th●● ever ●ild anything that had more danger in it then a R●t, yet I say for that very Epistle the Earl of Manchester as to me is visibly caused me upon the 10 of june 1616. to be summoned up to the Lords bar, who by law ar● none of my judges * Se Magna Charta, Chap. 29. and the Petition of Right, which confirms i● Cook 2. part institutes fol. 27, ●8. 46. 47, 48. V●● Plebis, pag. 3●. 3●. 29 ●●. 41. Regalley●nny, page 43. 44 7●. 76. London's Liberty in Chains discovered, pag. 68, 69 the Oppressed man's oppressions declared, pag. 17, 18, 19, the out cries of oppressed Commons, pag. 2, 3. 4. also the Anatomy of the Lords tyranny. being not any Peers and Equals, and there himself being Speaker, would contrary 〈…〉 ●ined me upon inter regri●●ies, for which 〈◊〉 necessitated in writing to pro●●st against 〈◊〉 which pioust you may read in the 5. 6. page's 〈◊〉 The Fr●●● 〈…〉, ●et which they unjustly committed me, and for which to this day I lie by the heels, so not doubting but I have fully 〈◊〉 your objection, I commit you to God, and rest, your faithful and true friend ready to lay down his life for the liberties of his Country john Lilburn. From my unjust captivity in the Tower of London, for the almost destroyed laws and liberties of England, which condition I more highly price though in misery enough outwardly, than the visablest best condition of any Member whatsoever that sits in either or both houses, being all and every of them for sworn, having all of them taken oaths to maintain the Laws and Liberties of the Land, and yet in their daily practice destroy them of which sin and wickedness they are all of them guilty, in regard they all sit there in silence, and do not publicly and avowedly to the whole Kingdom according to their duty declare their dislike of their crooked, unjust and England's destroying ways, this 30. April. 1647. John Lilburne. FINIS.