Strength out of Weakness. OR, The final and absolute Plea of Lieutenant-Col. John Lilburn, prisoner in the Tower of London, against the present Ruling Power sitting at Westminster. Being an Epistle writ by him, Sep. 30. 1649. To his much honoured and highly esteemed Friend, Master John Wood, Mr. Robert Everard, Mr. Humphrey Marson, Mr. Hugh Hust, Mr. William Huchinson, Mr. James Carpen; whose names are subscribed Aug. 20. 1649. to that excellent Piece, entitled The Levellers (falsely so called) Vindicated; being the stated Case of the late defeated Burford Troops. And to Charles Collins, Anthony Bristlebolt, William Trabret, Stephen Smith, Edward Walgrave, Thomas Frisby, Edward Stanley, William White, Nicholas Blowed, and John Floyd; whose names are subscribed, August 29. 1649. to that choicest of Pieces, Entitled An Outcry of the Youngmen and Apprentices of London, after the lost fundamentall-Lawes and Liberties of England. Which said Plea or Epistle, doth principally contain the substance of a Conference, betwixt Master Edmond Prideaux, the (falsely so called) Attorney-general, and Lievetenant-Colonell John Lilburne, upon Friday the 14 of September 1649. at the Chamber of the said Mr. Prideaux, in the Inner-Temple. PSALM 8.2. Out of the Mouth of Babes and Sucklings hast thou Ordained Strength, because of thine Enemies, that thou mightest still the Enemy and Avenger. MAT. 10.19.20. But when they deliver you up, take no thought how or what you shall speak; for it shall be given you in that same hour what ye shall speak: For it is not ye that speak, but the Spirit of your Father that speaketh in you. LONDON, Printed 1649. Gentlemen, and loving Friends, I Know no men in England that in my own Spirit I more highly prize and honour then yourselves, for your Parts in making, & Mettle in subscribing the two Discourses; which, without flattery, appears to me to be two of the most sensible and choice Pieces, for the present times, that ever I did see with mine eyes; and for which, in my opinion, the honest plainehearted men of England are as much obliged to you, as possibly they can be to men for two Papers: at the last of which I hear (in especial manner) the great men in Power are exceeding mad; and well may they, for in the 11 page of the Outcry, you have light upon the true Remedy of all England 's Maladies, and the reall-Way to its Peace and Freedom (viz.) The choosing out of Agents amongst those that yet are honest in the Army and Country, to promote the calling of a new Parliament, upon the Principles of the Paper called The Agreement of the People, Dated 1 May 1649. which they hate above all things in the Earth and Hell besides; as that which avoidable will put a certain Period to their hateful and most detestable, new, upstart-Tyranny; and therefore to affright you from the farther prosecuting of those excellent things you there promise, they have granted a Commission (as it is said) to set up a Bullbeggar, called A Court of Oyer and Terminer, to try you for your Lives, which Commission (of Oyer and Terminer) is a mere Innovation upon our Liberties and Freedoms, and against the tenor of Magna Charta, and so void and null in Law, by the very letter of the late Act that abolished the Star-Chamber, as at the latter end hereof I intent more fully and particularly to show you; it being an Extraordinary, Surprising, Partial, Prae-judging manner of Trial; and therefore null, void, and illegal; being of the same Nature with the House of Lords, the High Court of Justice, and the Council of State; and therefore the same Arguments that I used against them, will serve against this pretended Court of Oyer and Terminer: But my main and principal Exception against it, you will find contained in the following Narrative of my late Discourse with Mr. Prideaux, the nicknamed Attorney-general, which is, That the present pretended-Power is no true-Power, Authority, or Parliament in any sense; upon the strength of which Arguments, I am resolved (through the Power of my Lord God Omnipotent) to venture my Life, and all that in this world is dear to me, and therefore out of my endeared affection to you, shall exhort you to do the same, as the most just, safe and honorable-Plea in the World (as things now stand) that you can east your Lives upon; The substance of which, without any intentional or desirable wronging of Mr. Prideaux, thus followeth. UPON Friday, being the 14. of September 1649. I was carried by the Lieutenant of the Tower to Mr. Prideauxes Chamber in the Inner Temple, who when I came there, the Lieutenant went in unto him, and as I conceive acquainted him with my Salua Libertate that I had given him at the Tower, which is now in Print, which I believe Mr. Prideaux read, and after a little space of time I was called in to Mr. Prideauxes Chamber, who civility saluted me by my name, and I him by his; the rest that passed, so near as my memory will enable me, I shall here set down without wilfully wronging of Mr. Prideaux in the least, who was very civil in his behaviour towards me, though other wise smoothly cunning in his pretended Examining of me; but to go on, divers of my friend in London (it seems) had notice of my going thither, although I myself had little above two hours' notice, and out of their Affection they hear (I hope) to those Principles of Righteousness and Justice, for which I suffer, and publicly hold out unto the world, came to see what would become of me, and therefore several of them being in the outer Chamber with me, when I was called in to Mr Prideauxes inner Chamber, my friends followed me at my heels, which Mr. Prideaux seeing, after he and I had done our Salute, desired them to withdraw, which because I was resolved not to own his Attorney Generalship, but merely to talk with him as a private man, I was not solicitous for their staying in: but the door, as I perceived, being left open they stood there, and I am sure the most of them might easily hear me what I said, for I spoke high enough, although Mr. Prideaux spoke with a lower voice, who said to this effect; Lieutenant Colonel Lilburn, I am authorised by the Parliament, by virtue of my place I hold under them, to pursue some things that doth concern you, and having taken some evidences of consequence about high matters that you are and will be charged with; I thought it convenient before a Trial upon them came, to acquaint you first with them to see what you would say to them, and receive your answer about them; and judging it the most civil way I could, I sent for you by word of mouth, at which, if seems, you took some distaste, therefore I writ my warrant for you the moderatest way I could word it; therefore to begin, there is a Book with your name to it (which he handed over the Table to me) Entitled, An Impeachment of high Treason against Oliver Cromwell, etc. wherein you lay grievous things to his charge, and I doubt not but you will make them good by proof, and own the Book, will you not? So after a little pause, having stood bare while he stood bare, I put on my hat when he put on his, and pulling out a new book out of my glove, I said with an audible voice to this effect, Mr. Prideaux, there is a new book with my name to it, which is of my own writing, every line of which (saving the Printers errors, which are many) I will own and seal with my blood; in it you may read of Sir Arthur Haslerigs barbarous and Arbitrary dealing with me, in Robbing me, by the Rules of his own will of my estate; just Cutter like, while you unjustly keep me Prisoner in the Tower of London; but Sir, for to return you an answer to your question, which is, whether that book be mine or no? I cannot, nor will not, because in the first place, I neither own your Power, nor the Power of those that empowered you, which you call the Parliament; and therefore not knowing any such man as Attorney General Prideaux, neither being resolved to own Prideaux Postmaster General of England, and discourse with him upon any Subject he pleaseth as long as he pleaseth let him make the best advantage he can; and this I will do for that end that you may see I have some ingenuity in me, and am able in any ground in England where ever I come, to say something for myself and my sufferings without dauntednesse or amazement of Spirit in the least, at all the storms and tempests that it's possible to raise against me▪ And therefore Mr. Prideaux having known you many years as a gentleman of some note, I will upon these terms (if you please) discourse with you and be as civil unto you both in word and jesture, as you can desire, and I shall (I hope) so continue, unless you break out first. Well Mr. Lilburne (said he) I shall be as civil as you, as 'tis possible for a man to be with faithfulness to my trust and place; but I wonder th●t you should renounce the Parliaments Authorities; I have known you when you have owned even this that now sits. So he beckoning to me to sit down, I told him not I was resolved to stand while he stood, and to sit down when he did, so we stood, he at one end of the Ta●le and myself at the other all the time of our discourse; but I answered him and said; Well Mr. Prideaux we are, it seems, resolved to be civil each to other, and for my part I say, let him he judged an uncivil man that first breaks the Rules of Civility betwixt us: but Sir, are you freely willing to hear me, and I will freely and ingeniously speak to that point of the Parliament? I with all my heart Mr. Liburne (said he.) Well then Mr. Prideaux thus, you may remember the last year the Personal Treaty was hotly going on, which the Princes of the Army, thought to be destructive not only to them, but also to the Peace, Freedom, and Liberties of the Nation▪ and thereupon there was some overtures from them (amongst others) to a company of honest and plain People here at London, commonly (but most unjustly) called Levellers, to join interest with them for the accomplishment of those ends we all (at least in pretence) had been long sighing for, viz. the Liberties and Freedemes of the Nation, and accordingly the Principles of the Army in their large Remonstrance from St. Albans of the 16. of November 1648. most gloriously and most transcendently Declare, it was the thirstings of their Souls to see the Peace and Liberties of this Nation settled, and that not upon old rotten Principles, but upon the firm and stable Principles of Reason and common equity, that so Justice and Righteousness might run down the streets like a mighty stream; and Tyranny and Oppression (as much as humane Reason could provide for) be banished for ever out of the Land of England, in which great work they Declare, so to Act as before the Lord, and to approve themselves both to God and good men, unto both whose Jugements they desired to submit, abhorring and detesting the minding of themselves, or particular Interests or Parties; [See page 6. 7. 8. 12. 14. 15. 22. 23. 43. 45. 47. 48. 57 62. 65. 66. 67. 69.] and least Generals should signify nothing to the People (as indeed they do not) towards the latter end of that Remonstrance, they fix upon the things particularly, that will really make the People happy, which are; first, The fixing upon a set and speedy day for ending this long Parliament: And Secondly, For providing for the speedy settling of the Nations Peace upon the Principles or grounds of common Right, Freedom and Safety, viz. the often and certain meeting, sitting and ending of Parliaments, flowing from as near an equal choice of the People as may be, with other bounds and limitations that might render them more fust and less arbitrary than in times by past they have been: and all this by that unparraleled way of contract or Agreement amongst the f●ee People; yea, and they also there earnestly desire, that the good things of those well minded People (or well wishers to common good) contained in the Petition of the 11. of Septemb●r 1648. may seriously be considered of, and thereby the grievances of the Peeple removed, for their ease, benefit and prosperity, that so the Parliament may, when it lays down its trust, leave a good savour behind them, both to the name of Parliaments and also of men professing Godllinesse. And Sir, I say, there was not only overtures to such kind of ingenious men upon the coming out of the aforesaid Remonstrance, but also in their shor● Declaration dated the— _____ 1648. at Windsor, which exp●esseth the Reasons of their then Advance with the A●my to London, they positively declare, that the Parliament Treating with the King, and rejecting all be●ter and wholesomer Counsels given them; is no less than a treacherous or Corrupt neglect of, and aposing from the public trust reposed in them, yet not assuming to themselves (as there in words they say) a standing Power of Judgement (as of Right or T●u●●) to conclude others thereby, acknowledging that to lie ●●st properly in those whom the People duly choose and trust to judge for them. But considering that such power, as where ever it is, is committed but in trust, and hat neither this Nation nor any other People did ever give up their Natural capacities of common sense or reason, as to the ends and fundamentals of that trust: And as for the Parliaments breach of trust, there being no formal power of man in being to appeal to, in the present case, they positively Declare, They cannot but exercise that common Judgement which in their natural capacity is left to them, and therefore considering that the Parliaments than breach of Trust, so transendently great, as that it was a total hazard of destruction to that Interest, and to those People, for which especially (they say) the trust was reposed; and seeing there is no orderly and open way left for a just succession of another formal and proper Judicature to be appealed unto in due time, therefore they there renounced the then Parliament, and with confidence appealed to the common Judgements of indifferent and uncorrupted men, exciting all those that yet were faithful to their trust in the Parliament to come out and join with them, and in such a case of extremity the) promise to look upon them (not as a Parliament, but) as Persons materially having the chief trust of the Kingdom remaining in them, though not a formal standing * and if not a formal standing Power, then at most they can pretend to no power at all, but to govern according to those wholesome Laws and Ordinances they found in being, at this the Armies final forcing and disolving of them, till a just and unquestionable Representative can be chosen and sit, having by this their own confession no power in the least to make any new Laws at all, or any Orders to bear so much as the pretended name or stamp of Laws; but they have verified the old Proverb, that opportunity makes a thief, for their success hath made them Tyrants and regardless of all their promises. power, to be continued in them or drawn into ordinary Precedents; yet the best and most Rightful that can be had, as the present state and exigency of Affairs than stood; and we shall (say they) accordingly own them, adhere to them, and be guided by them (not in all their commands) but in their faithful prosecution of their trust (according to the sense, will and mind of the Principles of the Army, our Law givers) which they there Declare to be only in order unto (mark it well) and until the introducing of a more full ●nd formal Power in a just Representative to be speedily endeavoured and ratified by an Agreement and subscription of the People thereunto. O vile Apostates, never seriously to think of this more, after they had Declared, but Crush, Murder and Destroy all those that effectually shall put them in mind of it, which short Declaration is so fully fraught with glorious expressions of Truth, Justice, Honesty and self denyingn●sse, as that they call God to witness, they did not seek themselves in their then Proceed, but were even Resolved they would not take advantager to themselves, either in point of profit or Power; but rather lay down themselves: That it was enough to ravish the heart or any ingenious man in the World, and to seal it after them, and I confess unto you Sir, it did mine. But besides those Declarations, I must truly tell you Sir, upon their forementioned first overtures and invitations of Conjunction of Interests, with my forementioned friends the nicknamed Levellers, I was chosen by them to be one of their four Commissioners, to go to windsor to Treat with the Princes of the Army, who upon the place openly, constantly, and avowedly, called the then Parliament; a Traitorous Apostatised Parliament, that had but the name, and was but the Carcase, Shadow, or Shell of a Parliament, having again and again broke and forfeited their Trust, and confessing that those they should pick out of them could be no Parliament in any sense, either in Law or Reason, but only at most a mock Power or a mock Parliament, which th●y said they must be forced for a little time to keep up, to keep the People in quietness, as the fiction or shadow of Magistrates, seeing the People so much doted upon and looked after such kind of outside things; and this was not only I●etons and Harrisons frequent expressions, but also Mr. Cornelius Holland's; not only at Windsor, but also at London, both before and after their breaking and by force dissolving your House? to the two first of which, if they shall be so unworthy and base as to deny what now I say and aver to you, I will make it good as a Soldier, with my Sword in my hand, in any ground in England to the teeth of them both or either of them: and for the third and last of which I know if he and I were face to-face he durst not be so unworthy to deny it, but if he should I could easily, by plurality of honest witnesses, prove it to his face, and I believe Sir, I might safely produce your acquaintance and my by past faithful friend Barron Rigby for the proof of a great part of it. Nay Sir I say further unto you, That they engaged and contracted with us, as solemnly as could be, That they would keep up the men they picked out of the Parliament to join with, for no other end in the World, but for the avoiding of a new War; for the better, easier and speedier obtaining of a new and equal Parliament or Representative, which they Declared, again and again, their Souls as much thirsted after as any of ours. And truly Sir, upon this score and account, as the safest and unhazardablest way that I could possibly see to settle the Freedoms and Liberties of the Nation, I was willing and desirous in a crowd, to go along with other men, (and not to be singular) to give the Name and Title of a Parliament to their again and again Declared mock-Power, or shadow, or shell of Power; and if I did evil in so doing, I am sure my intent was the quietness of the Nation; and my sin and evil in so doing I have seen and Repent of, and am hearty sorry for it, and hope I shall (have strength enough) for the future to do so no more. But Sir, when I clearly and visibly saw that when they had accomplished their own ends, by all their fair and smooth Promises and Declarations, and made use of them for no other end in the World, but merely to enable them to be Princes over the People, and to have their Lives, Liberties and Estates at their be●k and Command, and began to challenge a right to Rule over them at their will and Pleasure; my sauce began to loath and abominate them, for the vilest and grossest Apostates that ever the Sun did shine upon; and with the same indignation I began to loathe their mock-Parliament, whose fictionated Power I thought it my duty (and to render myself faithful and upright in my generation) to discover to my friends and Countrymen; which when a Member of the pretended House viz. Mr. Holland perceived [in the inner Court of Wards he took me sharply to task] and told me we were not able to move them, for they had an Army strong enough to stand by them to back them, but I told him to this effect, That I thought they had had Consciences which would have compelled them to have made good their many solemn Engagements * see those notable instances of God's vengeance upon Faith and Covenant breakers Recorded in the 9, 10, 12, 13, pages of my book of the 31 of May 1647. called Rash Oaths unwarrantable, & in the 2. edition of my Book of the 9 of June 1649. Entitled The Legal Fundamental Liberties of the People of England Revived pa. 16, 17, and in that most remarkable Epistle of Mr. James Freeze Merchant, (Prisoner in the Fleet) to the General, dated 25 Aug. 1649. and Entitled the Levellers Vindication, page 6, 7, 8. and Promises, but seeing you have not, nor it seems never intended really to perform what you engaged, but do intent to cheat both God and Man, and then make it good with your Swords; for all your Force and Arm of Flesh, Mr. Holland, I tell you to your face, we will force you, in spite of your teeth, to the one of these two things: first, either to do honest Actions, though your hearts are never so base, or else, secondly, we will by our constant and vigorous endeavours for our freedoms and Liberties, put you so to it, that you shall judge yourselves necessitated, for your own base preservation, to run such violent and barbarous ways, as either in a short time shall break your necks, or else make you as abominable to the People of this Nation, of all sorts and kinds, as ever men on earth were, and in the doing of this Sir, I tell you plainly, make the best or worst use of it you can, I will be one of those herein shall lead the Van, as long as I have breath. And Mr. Prideaux, though at that time I knew in a manner, as much of your pretended Parliaments nothingness, as I do at this day; yet being an Englishman, that indeeredly loved my native Country, yea the Peace and Welfare of which I then did, and still do value above my own Life, or the lives of my Wife and Posterity; & knowing the danger and mischief that in the eye of Reason might probably ensue, by Declaring openly and nakedly unto the People, That all the Magistracy of England was broke by the Army; who had by their Swords reduced us into the Original state or Chaos of Confusion, wherein every man's lusts becomes his Law, and his depraved will and forcible Power his Judge and Controller: I say I did not then what since I have inavoidibly been forced to do, for, it's true, I did the 26 of Feb 1648 at the Bar of the present pretended House of Commons present a Petition or Address, fronted with a title as if it were as unquestionable a Representative of the People as could be chosen; but that was out of the considerations before premised, and because without such a stile we could not have had any access unto them, although our danger was then very great; the Petition is since printed, and Entitled England's n●w Chains Discovered, which if you please seriously to cast your eyes upon, you will clearly see that we that made it and presented it, understood the condition of that House, and that we gave them sufficient hints to understand us, that so ours, and the Kingdom's safety might speedily by them be provided for, without any more struggling, or running any more desperate hazards therefore. But when we could get no answer unto that, I helped to draw up a second Address, now in print, Entitled The second part of England's new Chains discovered wherein we spoke more plain; & in the last page of which, we appealed to the next speedy Parliament, Declaring this in effect to be, what in truth it is, over awed by the Sword [and now Mr. Prideaux, to speak in plain English] whose ●●e●re. Schoolboys, and no better, you are; But Sir, I say, the last forementioned Address, touching Prince Cromwell and his associates to the quick, he most unjustly compelled your mock House, in effect, to vote me a Traitor in general, which Sir, as you are a Lawyer I know you know to be nothing in Law, for it must be a particular act, as abundance of your own Declarations declare; that in the eye of the Law, renders a man capable of being taxed with Treason, Felony, etc. without hearing me speak for myself or ever calling me in●o your house, although a good part of that day I was at your very door, seen oft, and spoke unto by some of your Members; yea I am confident of it, my greatest Adversaries I had in the house knew I was at the door part of that very day, for Baron Rigby, from some of their Agents, at the very door spoke unto me, and in their names proffered me no small thing, so I would be a good boy and learn the lesson they would teach me, which when to his face I scorned with the greatest detestation in the World; it was not many house's after, till I was in general voted a Traitor, without hearing or knowing any Accuser or Accusation; which is such a piece of Justice, that the very Pagans and Heathen in Paul's time would have blushed at; and then the next morning, although I over night knew what was done and could have run away, or hide myself, if I had pleased, which I scorned; I was sent for; not by Bailiffs, Constables, or Justices of the Peace; but, as if I bade been a most pestilent or monstrous man, that with my breath had burn able to have destroyed an ordinary Generation of men, and was hauld out of my bed and house, from my wife and Children, by a hundred, two or three, of Armed horse and foot, and guarded, as a poor Algiers slave or captiv●, through the streets by them; although alas, I had never forcibly resisted the Parliament in my life, nor never so much as committed a single contempt against he most Arbirary and Irregular of their Committees, but always came at their first sending for me, although the Messenger was my professed Enemy, and although I had been several times imprisoned for nothing by them, yet for all this, must I now be dealt with [because I had sinned against Prince Cromwell] as if I had fortified my house against the Parliament, or Army, or had had three or four hundred Armed men in it for my guard; when as alas Sir, the Design is easily seen through, which was no more but this; Crowell was resolved to play the knave, and I stood in his way, and neither by fair words and fair promises, nor by threats would be brought over to a compliance with him in his visible base ways, and therefore I must be taken out of the way in the plausiblest manner he could; and for that end he got me prejudged and condemned before hearing, and that by a pretended Law, made after the Fact committed, and then sent hundreds of his Armed and mercenary Janzaries, who are no executers of the Law, to apprehend me, knowing I was of a hot spirit, and was in my own Soul glued unto my Freedoms, for the maintaining of which he hoped I would have resisted and so should therefore have been knocks on the head, or run through by his guard, which for any thing I know he had instructed to that end and purpose; which Act if they had done, Cromwell's creatures would have Justified it, and said they had but killed a voted and declared Traitor, who being privy and conscious of and to his own guilt, therefore resisted those that came to apprehend him to bring him to a legall-Triall, for his Crime must needs be transcendently great, or else the Wisdom of the Parliament, and the Council of State would never have sent such a Guard to apprehend him, and therefore, seeing he is gone let him go; and there is a good riddance of him, for he was a stiff and troublesome Man. But Sir (said I) after my apprehension, I was by the Officers and Soldiers carried away to the Guard at Paul's in London, and from thence to Hall, and from thence to the Council of State, * Gentlemen. I am necessitated to acquaint you, that the difficulties accompanying the Press, by reason of the late Act against unlicensed Printing, hath occasioned abundance of faults in this my present Epistle, and hath likewise been the occasion of leaving out almost a whole page of my Copy, betwixt the latter end of the first sheet, and the beginning of the second, which hath constrained me to insert it after this manner. as you catil and coming there before Mr. Bradshaw, Mr. Cromwell, Sir Arthur Haslerig, and several other Gentlemen I have known many years together, and some of whom I very much honoured, which induced me to give them more civil respect then otherwise I would, and considering with myself, (as is before declared) that I was condemned before I was heard, without Witnesses or Accuser, without the least shadow of any Legal and Judicial Proceed; and seeing I was apprehended in such a manner, in terrorem, and carried to the Council of State, to be again there prejudged, and it might be to be turned over by them, with all these clogs and prejudgements upon me, to a Trial at Law; and considering with myself, that never a Jury in England durst do otherwise then condemn me after all this (though otherwise never so innosent) I had no other rational course left me in the World, to make any defence for my life, or to die any otherwise (which I every day look for) then as a perfect Scoundrel; but absolutely and positively to Protest against the Power of the Council of State, and the Authority of those that empowered them; which I did to Mr. Bradshaw's face, and gave him extempore my Reasons and Arguments therefore, which you may fully read in the second Edition of my Book Entitled, The Picture of the Council of State, especially in page 5, 6, 7, 8, 9, 11. which Book, Master Prideaux, without answering to any of your Interrogatories (but of my own accord) I tell you is mine, and I will (by God's assistance) seal the truth of every line in it (saving the Printers Erratas) with my heart blood. And Sir, by the said Council of State I was committed to the Tower of London, without any manner of Crime laid to my Charge; whereupon divers honest people, in and about London, old and young, male and female; yea, and in several Counties too, being sensible of the wrong particularly done to me and my fellow Prisoners, and of the wound their own Freedoms had received, in that unjust and irregular dealing that was exercised towards me, etc. and being understanding and well-wishing People to the Peace of England, were loath to be just occasioners of new Disturbances in the Nation, to avoid which, They presented several fair, just, and reasonable Petitions to the Parliament, as you call it, in which they entreated them not to be too hasty, or too sudden in their Proceed against us, nor anticipate the just, quiet, and regular Proceed of the Law, and that we forthwith might be set at Liberty from our irregular Imprisonment, putting in security to be forthwith coming to Answer (according to Law) whatsoever could be laid to our Charge; That so de novo, from the beginning to the end we may have, before a Justice of Peace, etc. such a Proceeding in every particular as the Law requires. And truly Sir, for any thing I know, if that had been granted, I should have absolutely cast myself upon such a Trial, although I then did although I then did (as well as now) know that all your justices of the Peace, and judges of the Law, are no more justices or judges than my selves, or the meanest man in England, either in the eye of Law or Reason, and that all those men that are Executed by their judgements, in the eye of the Law are merely murdered and butchered. But seeing no just or rational answer could be got to any of their Petitions, but on the contrary, all other Petitions from the base, bloody, and unworthy Ringleaders of the pretended Churches that came in against us, were hugged, and exceedingly embraced; and unworthy mercenary Imps set at work to write base, lying, and most abominable scandalous Books against us, to the fitting the People to tear us in pieces, and to be unsatisfied with any thing but our Laves; and seeing that you yourself was by a special Order authorised to proceed at Common Law, to give us a Trial after we were condemned, and our condemnation by special letters from the Council of State, (to all the Sheriffs in England) proclaimed in all the Market Towns thereof; And seeing yourself had, (as I was most certainly again and again informed) many meetings with the Judges at Sergeant's Inn, &c about out Trial; I say, considering all this, I was necessitated and compelled to draw up my Plea, and publish it to the view of the Nation, Wherein I have renounced your Authority, and fully proved you no more a Parliament then so many Thiefs upon the high way: To which Plea (by the strength of God) I will stand so long as I have a life and being; which Plea is contained in the second Edition of my Book of the eight of June 16.19 entitled The Legal Fundamental Liberties of the People of England revived, asserted, and vindicated, which (M. Prideaux of mine own voluntary accord, I tell you) I caused to be printed, But as for answering your question; Whether that printed Impeachment of Cromwell, which you ask me whether it be mine or no, I tell you, I scorn to be so unworthy and base, and such a Traitor to my Liberty, as to answer you to your question. Whereupon M. Prideaux spoke to this effect, M. Lilburn, As for that irregular proceeding towards you (as you call it) it was from a Parliament, and you must know, That a Parliament is not tied to the punctilio's of the Law in their proceed, as other Inferior Courts are. Unto which I replied to this effect, but M. Prideaux, with your good favour, you are too nimble for me, for you take that for granted which I deny, and which I am sure you can never prove while you breath; for I aver you are no Parliament, either upon the principles of Law or Reason. But secondly, for Argument sake, Admit you to be a Parliament, yet by your own Principles, and by the Principles of the Law of England, Law makers are not, cannot, nor aught to be Law Executors. But thirdly, upon your own Principles I answer, and do believe, you have not been so long a Lawyer, but you have carefully read over the fourth part of Cooks Institutes, that great Oracle among you Lawyers, and if you please to recollect your memory, you may very well remember in several places of his chapter of High Court of Parliament, there he often urgeth and presseth, and also layeth down Arguments and Reasons to prove, That the Parliament ought to be more just and righteous in their proceed, than other Inferior * Courts, and aught to be Precedents of Righteousness and Justice to other Courts; and I am sure that Book is published by the special Order of the late Parliament for good Law. Whose expressions there, f. 37, 38, 39 in the Case of the L. Cromwell in H. 8. time, and in the case of Sir Jo. Mortimer, in H. 6. time, and El. Barton, and other in H. 8. time, are so just, excellent, transcendent, and glorious, that they deserve to be written in letters of gold, and posted upon all the public places of the Nation, a witnesses and testimonies of condemnation against the base proceeding of the present large pretenders to righteousness, with myself & divers other But Sir, said M. Prideaux, Did you not own that for a Parliament that sat at West-minster before the Armies last coming to London; I am sure you ventured your life at their command, and to maintain their Authority, and also suffered much for them at Oxford. It's true M. Prideaux, if I had not owned the Lords and Commons sitting at West-minster, for a Parliamont, according to the constitution of England, five, six, or seven year, ago, and also been satisfied in my own Conscience of the justness of their quarrel with the King, I would never have ventured my life so hearty for them as I did, for I must truly tell you, without much vaunting, I fought as resolutely, and served them (or rather, the Nation, and its Liberties in them, or by them) as faithfully as any man in England did, yea, and did more (when I was like to be hanged at Oxford for them) then ever I heard of any in England did for them; for I pleaded to my Indictment resolutely and understandingly, as a man that well knew and understood what I went about, and was resolved to die in the justification of it, defyingly to his adversaries. And after my deliverance from them, I took up Arms again in their service, and served them faithfully and hearty, till I see them begin to change their Principles, and to turn their backs upon their Primitive Declarations and Promises, to make the People free and happy; yea, and see them in their-own persons to practise that that they condemned in the King, and pretended they took up Arms against for; which when I throughly saw, I threw down my sword, and could never since be induced to serve them; yet I never served against them, nor never forsook the Principles that they owned and declared, when they first engaged; And as for the Lords and Commons, since for necessity's sake, and quietness sake, I never since dis-owned them, although I never durst act under them, especially considering I had so much in my own thoughts to say against them, especially the House of Commons, who I am sure intentionally, were never originally betrusted by the people that choose them, to sit above a year at most; and their outstriping their Commission in length of time, nullifies their Trust. But Sir, What of all this to you that sit now? Sir (said he) very much; For myself, I am sure I am as much chosen and betrusted now as ever. That I deny Sir, for upon your own single Principles of the Law, The King's single death nullifies you, for you were summoned, chosen, and sent, to consult with him, which ●ou cannot do when he is dead. Well Sir (said M. Prideaux) if you had no more to say but the King's death for the dissolution of the Parliament that would be easily answered. Sir (said I) let me tell you with confidence, that I am confident it is so strong in Law, as all the Law in your brains will never be able to answer it, and if you please, I will argue the case out with you in Law: You know it was so resolved in the case of the death of Henry the fourth, and you know it is so declared by the Lord Cook in his fourth part of his Institutes, f. 46. and by the whole stream of all the Law-books, and Lawyers of England, without so much as one single contradiction that ever I could hear or read of: But besides Sir, I tell you, There was an UNDENIABLE NULLITY TO YOUR HOUSE BEFORE YOU TRIED THE KING, FOR THE POWER OF THE SWORD HAD TOTALLY DISSOLVED YOU, So that now you in no sense sit by the People's Choice and Trust, but merely and singly, by your Masters and Impowrers, the Soldiers; who broke you all to pieces, and kept out above four parts of five, and only let such go in, as the PRINCE'S among them thought their servants, or did engage so to be: and Sir, let me tell you, to my knowledge you yourself were at that t●me as much against the Soldiers proceed with you, as a man could be, nor their proceed against the King and Lords you did not like, for you engaged against none of them visibly although your place of Aturney Generalship, led you out to have ●●n the chiefest man in prosecuting of them all. Ah M. Liburn (said he,) you are in a great error, neither the King's death, nor the Soldiers force upon the House doth dissolve us; for we now sit by virtue of an Act of Parliament which empowers us to be a House till we ourselves dissolve ourselves. Well Sir, to that I answer thus; your trust by those that at first chose you, WAS INTENTIONALLY BUT FOR ONE YEAR AT MOST, for by the Fundamental Liberties of England, and three several Acts of Parliament yet in force, the People of this Nation ought to have a Parliament once every year, or oftener if need require, and Sir, let me freely tell you, that if the King were an Officer of Trust, as you have declared he was (and I believe he was) then Sir let me tell you, that his passing of the perpetual Act, was the greatest breach of Trust that ever he committed in his li●e, for which he paid dear enough, for that single Act alone, hath been the chief instrumental occasion of the Wars, and of both the loss of his Crown and life. And Sir let me tell you further, or ●ou that were chosen and trusted by the people, to make them more free, but not less free▪ and authorized by them to continue in that trust but for a year at most. TO GO ABOUT TO DESTROY BY A LAW THE VERY SOUL AND LIFE OF ALL THE PEOPLE'S LIBERTIES, viz. CONSTANT AND SUCCESSIVE PARLIAMENTS; And to instate in yourselves by the perpetual Act for ever (if you please) an Arbytrary Power, WITHOUT BOUNDS, LIMITS, CHECK, OR CONTROL, is the highest Treason (in your so doing) that ever was acted, or committed by the sons of men. But Secondly Sir, you yourselves have broke that Act to pieces, in that you have destroyed two parts of three, that by that Act you were to treat, and join with to make I awes, nay, and not only so, but also above two parts in three of the third part, viz. yourselves, by the power of the Sword are destroyed, and your selves that remain sit not, nor Act not in Freedom as a Parliament ought to do, but have your work cut out, and have the Power of the Sword held over you, by which indeed at the present to speak properly, you are chosen and trusted; they themselves (I mean the PRINCES OF THE ARMY) having put a Period to your first Trust, and instated you by their wills and Swords into a second, upon their own individual score so at the most you are but the Arms Parliament, and not the People's; and your Votes or Orders (in any sense) now, cannot be binding to them; for if in your own thoughts you were not absolutely instated in a new Trust, but remained in the old, how come you to have power to set up new Constitutions, and to alter the Government of the Nation from a Kingdom to a Commonwealth? which power the People never gave you. M. Lilburn (saith he) we come to have that power by our first Trust, for I hope you will not say, but a People for their own benefit, may alter the Form of their own Government in a Nation, may they not? Yes (said I) they may▪ but M. Prideaux what is that to you? Yes much said be; which way I beseech you? I hope you will not say your power is absolute? Yes but I will said M. Prideaux. Well then Sir, show me which way you came by it, for your affirmation is a Paradox to me, for you have confessed (again and again) you a●e at most but a deligated or betrusted Power, and I am sure of it, no betrusted Power is absolute▪ the People choose you, and yet you are absolute, I pray Sir reconcile me these contrarieties. And besides Sir, the People choose you not in the least to set up Commonwealths, but to treat and consult with the King and Lords, and therefore your setting up a Commonwealth without any shadow, or presence of power or Commission from them, is an imperious and yranical usurpation; For let me aver it to you, that thought the People may by a common consent alter their Government (for no Form of Civil Government is jure Divino) yet none can do it for them but only themselves or their Commissioners, chosen and impowered by them for that end and purpose, which your House Sir was never in the least. But M. Lilburn, for all your thus reasoning, I know you have in times by past liked a Commonwealth better than the Government of a King, have you not? Yes that I have, and still do, provided it be rightly Constituted, from the consent of the People, with just bounds and limitations, that as little as may be is left to arbitraries: but all its Magistrates annualy elective, and accountable, and upon these terms I am withal my heart f●r a C●mmon wealth: But to have the name of a Commonwealth imposed upon us by the Sword, wherein we are and shall be more slaves than ever we were under Kingship, with a suprem pretended power held over us, that in their Original and Fundamental constitution admit of no boundaries, but judge themselves as absolutely arbitrary; as the Great Turk; and that they do not make such Vassals and slaves of us as he doth of his people, is their Civility and courtesy (more than any thing of obligation, or duty) such a Commonwealth as this I abhor and detest as the Devil himself; BUT SUCH A ONE IS YOURS, and therefore I had rather (as the case stands) be under a King reasonable bounded then under you, and your new Sword Tyranny, called a Commonwealth. But Sir (saith he) you have been very stiff against the King, its true said I, but not QUARLOUS KING, but against his Arbitrary and Tyrannical Will, when he made it a rule unto himself, and the People above the Law; I tell you Sir, the same principle that led me to hate Will in the King, leads me a thousand times more to hate Will in you, seeing you have promised better things, ye absolute Freedom, and yet perform nothing, but do worse than ever he did; by Governing us purely by the Sword and your own Wills. You wrong us M. Lilburn (said he you are governed by a just Magistracy, for the Parliament votes freely, without compulsion. Phy for shame M. Prideaux, that you should talk so against your own Conscience, I know your Conscience tells you, there is no Magistracy in England, either upon the Principles of Law, or Reason: for the Princes of the Army by their Swords (Conqueror like) have broke it to pieces in every particular, ye also your House, and have kept out four part, of five, and at first would let none go in to sit there, but those that they had listed in a paper, and had some assurance of, would be good boys, and learn to say their Lesson as they their Lords and Masters would teach them, and then they gave to those instructions, to form a pretended Committee to Catechise all that since have been admitted and unless to that Committee they gave good assurances (of which also the pretended House must approve of ) that they had forgot, or at least laid aside their English ●meu● and language; and perfectly learned the Armies canting language, or at least were willing to say after them, till they have absolutely learned it, there was ●o admittance for the 〈◊〉 this you know to be true, and therefore M. Pridea●x I WONDER WITH WHAT FACE YOU CAN CALL THIS A PARLIAMENT, who indeed and in ●●●●h are nothing else, but the PRINCES OF THE ARMS SLAVES AND VAS●●●S, and Sir let me be plain with you, I and tell you, I know you dare as well eat ●our ●…iles, and by't off your finger's ends, as to the purpose to Vote against their Wills and mi●●●; which if you should do, I know you yourselves know; they would purge you, and purge you, again and again, to SUCH LOATHSOME DREGS, THAT YOUR VERY SELVES SHOULD ABHOR YOUR SELVES: But Sir it seems; you judge it better to go hand in hand with them, and to be at their becks, that so you may go sharers with them, in the spoils of the Nation, and in taking the People's money from them, and deviding it amongst your s●lves, then to contest with them; and you may say it is good being in such a condition; for you can do any thing, and every thing to any man, and crush him to pieces and destroy him: but he can have no Right, or justice against you. Why will you say so M. Lilburn (said he) I am sure the Parliament hath given up their Privileges in answering men's actions, more than ever Parliament did. Sir, said I, I say that which is truth; It's true of ancient time (when Parliaments were often and short) Privileging of the Persons of Parli●men from arrests, might have some pretence of Justice and Equity in it, BUT IN AN ETERNAL, OR A NINE YEARS PARLIAMENT, IT CAN HAVE NONE; and I tell you Sir, I know it is enough to destroy a man (though a Member of your House do him never so much wrong) if he do but so much as open his lips against him: and how many men have been undone for complaining of the villainous and visible baseness of your Members? It is as the sin against the holy Ghost 'mong you: And as for a pet●y inconsiderable Member of your House now and then (OF BOON AND COURTESY) to be ordered, in point of debt or the like, to answer the Law, Alas, what is it, It is no more than a cheat, for it is nor only before a judge of his own making, who with his Under Officers will find tricks enough to ple●se their Lord and Master. And besides Sir, The thing that I drive is to show, That it is an inherent Principle in you, that this is not done out of Right, but permitted out of Grace and Favor: this remaining still at the bottom, That there is an inherent Principle of Arbytrariness, Vnboundedness, and Absoluteness inherent in you, at your pleasure to make absolute slaves of the People (if you will) and to make yourselves absolutely nuaccomptable if you please. Why M▪ Lilburn, would you have no Government? Yes (M. Prideaux) that I would; But yet such a Government as hath not at the root and bottom of it, all the Principles of Tyranny in the World, to make the People absolute slaves at the Will and Pleasure of their Governors: But I would have such a Government, that is founded upon the Basis of Freedom, Reason, justice, and Common Equity, and shall so tie the hand of the Governor, that he shall not be able at his Will and Pleasure to destroy the Governed, without running an apparent and visible hazard of destruction to Himself, Estate, and Family. I but M. Lilburn, who shall be judge said he? Sir, (said I) Reason is demonstrable of itself, and every man (less or more) is endued with it; and it hath but one balance to weigh it in, or one touchstone to try it by, viz. To teach a man to do as he would be done to. The Sun is demonstrable of itself by its heat and light, and stands in need of no man's judgement when it shines, to judge whether it doth so or no, or of reasons to prove it the Sun; Even so, Reason is demonstrable by its innate glory▪ life, and efficacy; and man being a reasonable creature, is Judge for himself: But by reason of his present corrupted estate, and want of perfection, he is something partial in his own case, and therefore wherein many are concerned, Reason tells him, Commissioners chosen out, and tied to such rational Instructions as the Choosers give them, are the most proper, and equalest Judges: But yet Sir let me tell you, That a Commission given unto them against the Rules of common Reason, IS VOID IN ITSELF; and a power exercised by the Commissioners beyond the Rule of Common Reason, Is not OBLIGATORY, or BINDING in the least. Well then Sir (said M. Prideaux) the Parliament now sitting are the Commissioners of the People, and they have authorised me to ask you whether this be your Book or no? By your favour M. Prideaux, you are to quick, for you take that for granted, which I absolutely again deny, and which yourself is never able to prove while you live; and I tell you again. They are no more a Parliament than I am; But admit they were a Parliament, They cannot authorize you to examine me against myself and therefore Sir, I detest the returning you any answer to your question. Without doubt (said he) M. Lilburn you are mistaken, for I never yet knew it an evil, or illegal to ask a question. But by your favour M Prideaux, I say it is against the Law of England to compel a man to answer to a question against himself; and your House did so adjudge it in the days of their Primitive purity, in mine own Case, in reference to the Star-chamber proceed against me. But (said he) They never adjudged the King's Atrurnies' General ask you questions, to be illegal. Yes Sir (said I) but they did, for though in the Star-Chamber I was principally sentenced for refusing in open Court to take an Oath to answer to all the questions that should b● demanded of me; the latitude of which oath did not barely extend (if I had take it) to such questions as the Court sitting should demand of me, but also to all such questions as the Attorney General (by Order from the Court) should have demanded of me: to whose interrogatories I refused to answer, a though he examined me by the Orders of that Court; Of which he bitterly complained: and I am sure of it, The House of Commons, and the House of Lords both, did not only judge the Sentence itself, but the whole proceeding upon it, (anteceding as well as following) to be illegal most unjust, barbarous etc. But Sir (said he) You sent one of these Books (meaning the impeachment of Cromwell) down to Colonel Airs at Warwick Castle, and ordered the bearer to deliver it to him a● a token from you, did you not? Sir, I scorn to tell you whether I did or I did not; it may be I did, it may be I did not, I will not tell you; but if I did, this I aver to you, I know no evil in so doing. So he shown me the Apprentices Outcry; Sir, said he, you had a finger too in the making this book, had you not? Said I, it may be I had not only a finger in it, but also a thumb too; and what then? but it may be I had nor, and what then? But whether I had, or had not, I will not tell you; But this Sir of mine own voluntary accord I will tell you, I have mettle enough in me to set my Name to all Books I writ, without fear or dread: I pray see if you find my name there. No Sir (saith he) it is not; but it seems then, that all books that hath your name to them, are yours: Will you own this impeachment, for here's your name to it? No Sir, with your favour, it doth not therefore follow, that all books that have my name to them, are mine, for it is as easy to counterfeit my name, as to counterfeit another man's; and it may be it is so now, it may be it is not so, I will not tell you; but this I will tell you of mine own accord, That I have read the Book, and there I find the substance of an Impeachment of high Treason against Cromwell, that I delivered at your open Bar, the 19 of January 1647. for which you committed me to the Tower, as a Traitor in general. And M. Prideaux, I know that you know, at your Bar I offered the House upon my life, to prove and make good what I said; and therefore, why did not you or Cromwell then put me to it? But it seems, he was conscious of his own guilt, and durst not do it. But M. Lilburn, will you own this Book and make it good now; for it is yours? Sir, I scorn to deny any Book that ever I made in my life, for I never made a book, but upon mature, solid, and substantial deliberation considering well before hand what it would cost me; and all the fear in such cases that I am in, is only till I have got it printed, that I may keep it close and private from the fingers of your Catchpoles, and when it is abroad, I have part of mine end, and use to tell no body, but as many as I can of it: and the desperatest book I ever made in my life, I was never so unworthy to renounce or deny: and I will not say that is not my book, neither will I grant it to be mine. But methinks M Prideaux you are uncivil, that you will not receive an answer when again and again it is given you: and alas Sir, admit it was mine, what fair or just play could I expect to fi●d now to make good the things contained in it, Cromwell by his sword hath dissolved the Parliament, and set up a sew of his slaves among you for a mock-Parliament, that dare not do but what he will have you? Sir (saith he) Cromwell is absent, and you lay mighty things to his charge; methinks you should not be backward to make them good. Sir (●aid I) if Cromwell were in this room, I would tell him to his teeth, he is a base unworthy fellow, and hath underhand by base and indirect means, for these 2 years together, sought to take awa● my life and blood, for nothing but my honesty; and in his dealing with me, hath not so much as manifested one bit of a gallant man, or that he hath an ounce of Personal Valour in him; for a man of mettle, and pure Valour, would have scorned to have dealt so basely with me as he hath done. Well then Sir, it seems there is a Personal quarrel betwixt you and General Cromwell. Yes Sir, said I, He hath made it partly so, but I am only Defendant; and were he here, I would let him know I scorn to give him an inch of ground, but would answer him upon equal terms in any way he himself would choose: and Sir, I tell you he is the man, yea the principal instrument that hath destroyed the Peace and Liberties of this Nation; yea, and by force of Arms hath nulled and destroyed the Parliament, and hath left no Majestracy at all in the Nation; for which, he is (upon both the Principles of I awe and reason) a Traitor, and aught to die therefore. Sir, said he, I tell you the Parliament by force cannot be destroyed; for it's continued by an Act, till themselves please to dissolve themselves. I tell you Mr Prideauz I have answered that already, and shown the fallacy and weakness of it, but seeing you will not be answered, I will upon your and their own declared principals give it you a little more fully. I find in the Army's Book of Dealarations, that upon the 26. of July, 1647. the Apprentices of London, and some other of the rude Rabble, (but for a few hour) forced the House with a few threats, without Arms, and yet they never came down, but one part of a day; and when they did come, they did not pick and cull, and keep out five parts of six, as the Army hath done: and yet the PRINCES of the Army themselves, hath declared that Act Treason, and the Actors in it Traitors; yea, and have declared, that that force upon the Parliament tends to the dissolution of all Government: and though there was but about forty or fifty of both Houses. LIKE VALIANT MEN, that ran away from the avowed discharge of their Trust, to the Army; and left abundantly the major part behind them, who the next day of their sitting, and the other day after-sat quietly without the Apprentices force; yet the Army would not own them, BUT CALLED THEM A PRETENDED PARLIAMENT, A FEW LORDS AND GENTS●MEN, SITTING AT WESTMINSTER THAT TREACHEROUSLY ACTED AGAINST THE PEACE AND SAFETY OF THE KINGDOM: ASSUMING TO THEMSELVES THE NAME OF PARLIAMENT, all whose Acts, ORDERS AND ORDINANCES▪ they declared to be null and void, and not PARLIAMENTARY, NOR BINDING, (See the Army's Book of Declarations, most full in all these particulars, page 49. 53, 54. 67. 82. 100, 101. 106, 107. 111. 123. 125, 126, 127. 134, 135, 136. 138, 139, 140, 141. 143, 144.) for being Abettors to that force: (See Article 4.) yea, and impeached some of the eleven Members as Traitors: nay, and the Speaker himself in his Declaration, calls their forced Votes, NOT THE VOTES OF THE REPRESENTATIVE BODY OF THE KINGDOM, BUT THE VOTES OF A TUMULTVOUS MULTITUDE. Now Sir, if a little force of the Apprentices for a few hours-nutrifie the Votes and Orders of Parliament, and make them no Parliament that sit under that force, (being far more the major part) in the place where they ought to sit, yea and is so infectious, as that it tends to the dissolution of all Government; abundantly much more upon their and your own grounds must a far greater force of the Soldiers, dissolve the Parliament▪ and nullify all their Votes and Orders, and absolutely tend to the dissolution of all Government. Sir (saith he) its very true, there were such Declarations that did declare the house that sat in the absence of us, that were forced to fly to Hounsloe Heath, to be no Parliament, and all their Votes and Orders they made in our absence, to be null and void; but yet the Parliament was kept on soot by our coming back and sitting; and so was not dissolved. Why Mr. Prideaux, do you think I have lost all my brains and reason? for the forced Parliament, as you call it, was either a house of Parliament, or no hou●e of Parliament, but if a house of Parliament, you that adhered to the Army were sa pack of Traitors, so voted and declared by them, and by consequence all the rest of their votes and Orders were Legal and Binding: But if it were no house of Parliament, than there was none in England, for your house as a house never adjourned to Hounsloe Heath, but to the usual place in Westminster, and if those that met and sat there were no house of Parliament, than your house was sine die, and so dissolved, and your coming back from Housloe Heath to sit again, could not make it a house; for being sine die, and so, in Law, dissolved, you could as a Parliament meet no more, without a new Summons, either from King or People; I am sure not without a new choice Election, and impowring from the People; and therefore every way upon your own grounds you are no Parliament, but absolute Usurpers, and all your Actions null and void in Law, and you liable to severe punishment for your Usurpations. But Sir saith Mr. Prideaux, you had a finger in dispersing this book of the Prentices; for I have evidence that you gave some of them away, and that you sent those to whom you gave them to a place where they should have more, did you not? Truly Mr. Prideaux, I must now tell you, you are not civil (nor so ingenious a man as I had thought you had been) thus with cunning tricks to force me to answer your Interrogatories, and without doubt Sir, your brains are not in temper, that you are not capable to receive an answer, although I have given you it over and over again and again, and told you I am not bound to answer you in Law, neither will I; but if I were bound, yet you are no Magistrate at all, in any sense, and therefore I should countenance an Usurper against my own Judgement and Conscience if I should answer you; but yet this of my own accord I will say to you, I have read that book of the Prentices, and I find no evil in it, but a great many clear truths and honest things; and it may be I bestowed a shilling or three in them liking the Book well, and it may be I gave them away when I had so done, and what is that to any man, my money is mine own, and he that can pick an advantage against me let him do it; but it may be I bought never a one of them, nor gave none of them away, but whether I did or did not, I will not tell you, and therefore Mr. Prideaux, I pray have so much brains and ingenuity in you, as to apprehend and judge you are Answered, and ask me no more Questions, for if you do I will vex you, and again I tell you, I renounce your Authority, and those that empowered you. Good Mr. Lilburn be not Angry, but give me leave to be faithful in the discharge of the Trust reposed in me. Good Mr Prideaux your authority and your trusters, I both renounce, as a fiction and Usurpation, and I beseech you be not mistaken in me, to take me for a silly novice, for I have my brains, wit, and nimbleness lively about me, which are beyond your abilities to catch; for Sir, I must tell you, when I was a stripling boy of about twenty years of age▪ and was examined by Sir John Banks, the King's Attorney General, in the year 1637. which Sir John Banks I owned for a legal Magistrate, as also his Master the King, and the Judges of the Star-chamber, that in that particular set him at work, and at that time I had never been in trouble before, nor never had to my remembrance read any of the printed Laws and Statutes of England, but barely the Petition of Right, from which Law alone, and Paul's Plea before the Pagan Roman Governors, I had learned so much Law for my own defence, that I then bastled Sir John Banks and would answer none of his Interrogatories; and doth Mr. Prideaux think, that now at this age, after I have been learning this twelve years together, all the learning that the grand School of experience can teach me, and read abundance of the Laws of England through and through, and been tossed and tumbled again and again from Goal to Goal, for standing for my Legal Rights; that Mr. Prideaux (that I know to be no Magistrate) can bastle, catch, ensnare, or entrap me, with his often (as he thinks unawares) ask me one and the same question twenty times over, no i'll warrant you Sir, you are mistaken; and therefore again I tell you finally; I renounce both your Power and your Masters the Parliament, as you call them. But yet notwithstanding this, I will freely say to you, that so you may know that I am a true English man, that happily loves the Peace and Prosperity of my Native Country and have no guilt in my own Conscience to recuse me of any misdoings to man, though I must and do ingeniously confess, as to God, I have my failings and infirmites' with other men, there being here on earth in these fleshly mortal bodies or houses of our, no perfection: But yet Sir, I say as to man, that I may clearly demonstrate my inward Peace and my real affection to my Native Country, and that there may be no pretence of Commotions or troubles occasioned any more about me; on that condition that you, that now pretend yourselves a Parliament, will be willing in six month's time we shall have a new one, and give good cautionary security for the performance of your promises, that really we may have a new Parliament, either upon the old Principles or upon the Principles of an Agreement of the free People (the latter of which abountdanly I more desire) I will be willing to remain in Prison till then, and give good security not to write a line, no nor directly nor indirectly to endeavour any public disturbance, and also I will engage freely to surrender myself up to a Trial at Law before Judges of the next Parliaments making, and plead to the Indictment let all the adversaries I have in England, upon this condition, lay the greatest load upon me that possible they can, or if this will not be embraced: then, Secondly, as I have divers months ago proffered in the Tower, face to face, to Mr. del, who hath been General Fairfax his Chaplain, and also Cromwell's and who in Interest is engaged with them, being largely as I understand promoted by them; and yet notwithstanding being conscious of my own integrity and uprightness, and that upon their own primitive declared Principles; and believing that the said Mr. del hath a Conscience, I will be willing to avoid any further public disturbance, that my adversaries shall choose Mr. Peter's, my already provoked, engaged and incensed adversary, and I will choose Mr. del, which too I shall be willing shall be final Arbitrators, Umpires or Judges to decide all manner of differences betwixt us, unto whose final Judgement (all though it reach to life) I will tie myself to stand: provided we may have a fair, free, public and open hearing, indifferently for the accuser and accused; and this Mr. Prideaux I desire you to acquaint your Masters with, and further I tell you, if you please, I will give it you now under my hand, and if this will serve their turn, or satisfy them, well and good, if not; let them do their worst, I renounce their Power and bid defiance to their malice. Nay further Mr. Prideaux that you may know I am ingeni●●● and not a dry stick, although I cannot own nor discourse with Mr. Prideaux Attorney General yet if Mr. Prideaux the Lawyer or Mr. Prideaux as a private gentleman please a any time to send for me, I will at his desire without dispute, come to him (if the Lieutenant of the Tower will let me) and I will friendly and fairly discourse with him an hour, two or three, or as long as he pleaseth, even till he be weary, upon any subject he pleaseth, either upon Law or Divinity, mirth or sorrow; nay I will be willing that if Mr. Prideaux please, he shall have present six, eight, ten, or twelve of his fellow Members the ablest he can pick amongst them, and I will discourse with you all one after another, make the best advantage to yourselves you can of my discouse; provided I may have two or three friends quietly to fit by, to observe what passeth, that so I be not belied behind my back when the discourse is done. I but Mr. Lilburne a man doth not know well how to talk to you, you are so subject to print every thing is said to you. Truly Mr. Prideaux, I would have you to know, I can if I please keep a secret as well as yourself, and I yet never discoursed with any man about my Trade, or any other thing, that ever I publicly made use of to his detriment, and I would have you to know Mr. Prideaux, if any man, what ever, communicate a secret in discourse to me, I scorn to be so base and unworthy, and to be so ignorant of the rules of humane society, as to publish it to his prejudice, or to make any other use of it but according to the engagement made by me to him, when he communicated his secret to me; but Mr. Prideaux, if any man under the pretence of friendship, shall discouse with me merely as a Rogue to take advantage of it, to my detriment, or if any man through weakness, shall make use of my discourse with him to my prejudice: truly Mr. Prideaux in both these cases I will publish or otherwise, as I please, make use of his discouse with me, for my justification or vindication, and in this I commit no act of baseness or incivility, neither is it in the least against the rules of friendship or humane converse, or, Thirdly, Mr. Prideaux, if any man shall send for me on set purpose to discourse with me to catch me, as I know you now do, let him look well to himself, for I will dress him if I can, and therefore Sir I tell you, I look upon you as my Antagonist, who against my own free will and consent, have caused me to be brought before you, on purpose to discourse with me (not in friendship but to ensnare and entrap me, and therefore Mr. Prideaux) seeing I know this, I have set all my Guards upon you, and look to yourself as well as you can, and catch a hole in my coat if you can, for I am in the vain to discourse with you as long as you please, and will not give over till yourself declare your weariness, and that you will discourse no more, and this I do assure you aforehand, that say what you will, I will observe it as well as I can, and if I be like to be in a strait, I will make use of your discourse for my own best advantage, yea, and if I judge it advantageous to me, I will also print it, therefore look to yourself, True it is Mr. Lilburn, in the sense you speak, to print any man's discourse is not blame worthy, but just; and 'tis true, I am your Antagonist, and my place & office leads me out to be so, and I wish I had no occasion at this time to be your Antagonist, but truly Mr. Liburne, I am afraid I shall shortly meet with you at a place where I shall be your Antagonist upon more uneven-termes than now I am. Truly Mr. Prideaux it may very well be so, for you must needs be upon unequal terms with me, when you have at your command ten thousand Swords to make good what ever you say against me, and I have nothing to defend myself withal but this poor single Cane; and it is true. Mr. Prideaux, being already prejudged, yea and condemned without hearing; You, who represent those you call the supreme Authority, and who by virtue of your being a Member of the House, are Judge of the Judges before whom you plead, as also a Lawyer, full of Sophistry, and therefore an unequal Proseq●utor; in all which respects you must needs be too hard for me, if you shall bring me to the Bar, before those Judges, to Try me, that are made by yourselves and others that have already condemned me before ever you heard me speak one word for myself: (but yet Sir, whensoever you shall press me to do this, I doubt not but so to handle you, that you shall get neither Credit, safety nor gain by it, (for the King himself never did the like) But Sir, upon equal terms, unprejudged before a just Majestracy, I dare with confidence meet you and all the Lawyers in your House at any Bar in England, and doubt not but with your own weapons, not only to baffle but sufficiently beat you, but Sir, bring me when you please, upon all your own, unequal terms, I value you not the paring of my rail, for, I bless God, I am fitted for you, having cast up my Account long since, and I am at peace with Death, and I tell you Sir, no man can be a Slave but he that is afraid to die, which I bless God I am not in the least, and therefore desire you. Well, said Mr. Prideaux, you will be tried by a just Magistracy shortly. No Sir said I, I deny th●●, for of you Try me before any in present being, it must be such a Magistracy as Will the Conqueror, or the●se took away Englishmen; Lives and Estates with and by, viz. his will and Sword; but when ever you do it, it will be nothing for your credit or honour to lay me in Prison for nothing, and koepe me six Months together in prison without laying ever any pretence of a Crime, in Law, unto my Charge all that time, but deal more Tyrannically with me then the Pagans did with Paul, in denying me the visits and access of my friends, nay locking me up cl●sse-Prisoner from the Society of my fellow Prisoners, robing me of my Estate to a great value, without any pretence of trial at Law, as you will read in that book I gave you, Sir Arthur Haslerig hath done, and yet notwithstanding deny me that Legal and Customary allowance that is my right by the custom of the place where I am a Prisoner, to live upon; yea, and endeavour when you can find no Crime in me, to hire false witnesses to swear against me to take away my Life, as is truly discovered also in that book, pag. 8 9, 10, 11, 12, 13. I say Sir, considering all these things, for you to lay me in Prison for nothing, and then Month after Month for you to lay all the provocations upon me that possibly you can to compel me either to sink under, or cry out upon your oppression, and when they are more than I can well hear; for you then to p●ck advantage of my c●ying out, and go about to hang me therefore, weighing all your original pretences of Crimes for which you imprisoned me, will be nothing for your honour or credit, but will be a clear demonstration that I was an Innocent, Righteous, Unspotted man when you first committed me, and that mere Malice was the ground of your Commitment, and nothing else: But Mr. Prideaux do your worst, all of you put together, I weigh you not, nor value you not; for I tell you Sir, as I told the L. Heath when I was arraigned at Oxford, for fight in your first War against the King, I bless God I have already learned to die, having ever since my first contest with the Bishops always carried my lift in my hand, ready at a quarter of an hour's warning to lay it down; and I tell you again Sir, I bless God I did look round about me, to every side and corner of the quarrel that I am in, and did seriously weigh, consider and debate betwixt God and my own Soul, whether my present engagement was worth the hazard of my little finger; For, and upon a clear debate in my own Conscience, I found it to be worth the engaging of my Life for; it being for the maintaining of that that differs and distinguisheth me from a Beast, viz. for my Liberties and Freedoms; yea for the maintaining of the absolute Sovereignty of God, and that allegiance, by natural creation, that I own him; which is to own him alone as the absolute Sovereign and Law giver by his Will and Pleasure, without any competitor in the World; and Sir 〈◊〉 you I am knowingly, deliberately and understandingly engaged, and by the gracious assistance of the Lord Almighty, being so deeply engaged as I am, I will spend the last drop of my heart blood before I will violate my inward Peace, by sinning against my own understanding, in giving ground one inch, or turning my back upon my present engagement. But will not the care of the future welfare of your Wife and Children prevail with you to desist. No Sir, said I, not in the least, although I love my wife as dear as any Man in the world loves his, for I bless God he hath endowed me with that Judgement and understanding that he hath enabled me to look upon my Wife and Children, but as subordinate things to his Will and Pleasure; and to look upon himself as the sum and perfection of all Good, who alone, of right, is to be owned, in the disowning of all other things, if he require it: and I tell you Sir, what ever you and others may think of me for a rash man, yet upon a clear trial of me you will not find me so, but a man that walks by Judgement, Counsel, and deliberation; yea and that by the Counsel of the greatest Counsellor that ever was; for I tell you Sir, I am not easily engaged upon any business; but, when I am about an undertaking, I look round about it, and into the midst of it, as well as all that reason and understanding my Creator hath given me will enable me, and if I find God satisfying my understanding, that the engagement is Just and righteous, and that in duty and Conscience I am engaged in a kind of necessity to undertake it, let men and Devils stand before me in it, I will either through with it or die in it; and engaged over head and ears I am at the present, and therefore resolved I am never to look back while I breath, cost it what it will, for Money. Gould nor Honour are none of my prime objects, but lie under me as the dust of my feet. But Mr. Lilburne, may not you be mistaken in your Engagements as well as other men. Yes Mr. Prideaux, it's possible I may, for I assume unto myself no Spirit or infalibility, but if I should be mistaken in my Engagement, the punishment is principally to myself, but sure I am in my present engagement, I am not mistaken, but am upon as solid, clea●e and substantial a ground, as ever any engagement I was upon in my life; therefore if in the prosecution of it I perish, I perish. Well Mr. Lilburne (saith he) I think you have engaged against (and contested with) all the Powers in this Nation, both King, Lords, and Commons, have you not? Mr. Prideaux, if I mistake you not, you ask me if I have not engaged against King Lo●ds and Commons, because they were Powers, to which I answer no. No Mr. Lilburne, I ask you if you have not engaged against all them Powers. Yes Sir, that I have and more too; but not because they were Powers, but because they left and forsook that declared and known Rule, by which they themselves were to be Ruled and guided, in the exercise of that Power, for Sir, I say no Power on earth is absolute but God alone, and all other Powers are dependants upon him, and those Principles of Reason and Righteousness that he hath endowed man with, upon the true Ba●sis of which all earthly power or Majestracy ought to be founded, and when a power or Majestracy degenerates from that Rule, by which it is to me Ruled, and betakes itself to its crooked and innovating will; it is to be no more a Power or Majestracy, but an obnoxtious Tyranny to be resisted by all those that would not willingly have man to usurp the Sovereignty of God to Rule by his will and pleasure▪ and therefore it was that l opposed the Bishops and Star-Chamber, because they left the Declared Law of England, their Rule and guide and would have Ruled ever me by their crooked wills and pleasures; and either this my contest with them was just and righteous, or else you in the house of Commons and also in the house of Lords, were a company of unjust men, so eminently to justify me in it by your Votes Order and Decrees as you have done, which Votes, Orders and Decrees etc. became grounds, encouragements and incitements to me to oppose the Kings will ye and not only his but the Lords and yours also, and as for my contest with the King and house of Lords, you yourselves have done more than Justified me in both of them, for you have extirpated the functions of them both, which was higher than ever my contest with either of them, for my contest with both was clearly but against Usurpations and as for my contest with yourselves (I mean the h●use of Commons, as it is commonly taken) you yourselves have always hither toward Justified me in that; for although I have been seven, eight or nine several times your Prisoner, yet hithe to you never in all your life laid any pretence of Crime to my Charge, but always released me as an Innocent and honest man. I but Sir, said he, that was their lenity, mercy and compassion towards you. No Mr Prideaux by your favour you are very much mistaken, for I never craved any from them, but always scorned it, continually standing upon my Justification and biding defiance to them, as in my present imprisonment I am resolved to the death to do. But Mr. Lilburne, why may not you as well own our Authority (I mean the Parliament) as own Baron Rigby that is made by us: for you have called him Barr●n Rigby once or twice, and I am sure he was no Baron till the present Parliament made him one. Truly Mr. Prideaux, I hearty cry you mercy, forgive me this crime or error and I do assure you, you shall never catch me in the like fault; but truly Sir to excuse it, I must tell you I have many material things in my discourse to think upon and I conceive this but a circumstantial or accidental one, occasioned by mere forgetfulness; having many things at present in my head: but truly Sir, having the other day occasion to write him a Letter, at a time when my brain was troubled with nothing else; I styled him only Colonel Alexander Rigby, and if you will not believe me I have the copy of it about me, which I will read to you if you please, which though I did not then, yet because I was unawares catch's upon the hip, take here the copy of it. For my honoured Friend Col. Alexander Rigby, at his lodging in Sergeants' Inn, either in Fleet-street or Chancery lainc. Honoured Sir, MY Particular obligations to yourself in times by past, I cannot but in Ingenuity acknowledge have been very many, and I could wish it had been in my power really to express them in any other manner than words; Sir, the Reason of my troubling you with these lines is, because I understand your man was at my house a few hours ago as from yourself, as my wife tells me; therefore, although I had rather be silent then my scribbling give distaste to a man I have found so much reality in as I have done in yourself, yet out of the lowest degree of Civiltie and ingenuity, I cannot do less (though I must freely let you know, I look upon you and myself as now positively engaged in two contrary Interests that can never subsist one by th'othe, without continual Wars each with other) then tender my hearty respects personally to you, and further let you know that I should be very desirous (if you conceive it might not be prejudicial to yourself) to wait upon you at the time and place you please to appoint to exchange a few words with you, and so I commit you to God and rest, Yours particularly very much Obliged, John Lilburne. Winchester house this 24. of August 1649. But Sir, I must confess unto you Col. Righy is a man (setting his present place aside) I have a great deal of cause to love and honour; he hath been my faithful and true friend, and I have always, to me in particular, found him a very just, righteous and obliging man; and in that regard being myself but a frail man, may be like the rest of the men of the world, and out of partiality give him (on a sudden) a stile more than is his due; but as I said before Sir, so I continue still beging your pardon for this one fault, and I do assure you, you shall not catch me commiting the like. So Mr. Prideaux, it seems, being almost wearied with discourse, takes up my book against Sir Arthur Haslerig, and reads a preparrative to an Hue and Cry after Sir Arthur Haslerig, a late Member of the forceable dissolved house of Commons, and now the present wicked, bloody & tyrannical governor of New Castle upon Tyne. Saith he in Lataine to this purpose, good words would have done well and have been better Mr. Lilburne. Believe me Mr. Prideaux, for any thing I know those very words are too good for his base actions towards me, as I believe you will clearly find it so when you read the book seriously through, which I earnestly entreat you to do, and then it may be it will take off the hear of your prosecuting me: for can any words he too bad for a man, that by his will without legal cause casts another man in prison, and when he hath him there endeavours to hire false witnesses to take away his life, yea and robs him of his Estate by will and power that should buy him, and his, bread to keep them alive. So he spoke another sentence in latin, which I being not able to understand, entreated him to speak in English, for I was but a ba●e English man, understanding no Latin but a company of common words, and therefore entreated him to speak only English if he would talk any more, but if he was weary he might give over when he pleased, but for my part I was not weary, nor would not give over the discourse so long as he pleased to hold it: Truly Mr. Lilburne saith he, for my surious prosecuting of you, the duty of my place requires me to do what I do, and I do assure you I do not know that ever personally I did you any wrong, did I. Truly Mr. Prideaux, at present I do not remember, but if ever you did; I do not call to mind at present that ever personally I gave you a provocation, or did you personally any wrong; but it is likely Mr. Prideaux, when you do me wrong, either personally or officially, that you shall hear sufficiently of it. Whereupon he took up my book, and looking upon it, said to this effect; Mr. Lilburn, without doubt you scarce sleep for studying and writing of books. do you? Yes Mr. Prideaux that I do, as well and as hearty as you or any man in England, and as or such a book as that is, if I be well in my health and my eyes, and be in the vein of studying, I can make such a book, upon any subject in 3 or 4 day's space. I but sa●h he preces & lacremae in your suffernigs were better. I confess Sir to you it were so, for than you might commit all manner of oppression and Tyranny towards me without sear or dread of ever-beeing told of it again; but Sir, I know no man hath so much cause to use Prayers and tears as oppressors and Tyrants, for the wrong and injury they do to other men; but Sir, this Argument was the Bishop's old weapon which they used to keep the People in peace with; but sure I am Paul made use of his Reason to defend himself against his adversaries as well as Prayers and Tears; yea and with it to save himself, with it set them together by the ears. Act 23.6, 7, 8, 9 But I pray Sir, why did not you your self (I mean the house of Commons) make use of these weapons and none else against the King? who I am sure upon your own Principles was a legal Magistrate; and therefore Sir, if you believe that Prayers and Tears are the only weapons that Christians must use against oppressing Magistrates, you yourselves might have done well to have led us the example (for examples are most commonly of the strongest operation upon the mind) and have sussered the King (a lawful Magistrate) to have out your throats, without either your Reason. (in your Declarations and Remon: strances against him, or your Force and Swords, in Fights and Battles) against him, and therefore Sir, you yourselves having in your Actions and Practice (which are the most forcible Preachers) made use of other weapons than Prayers and Tears against the King when he oppressed you; give me leave I beseech you to walk towards yourselves in you own steps, to make use of your own weapons against yourselves when you oppress me; but I assure you Sir, if you will not give me leave I will take and use it, and teach it to be used to the utmost of my Power and as far as I am able; and therefore Sir, it is a vain thing for you to Preach any such old Popish Doctrine to me, especially considering your own is quite contra●y to your present verbal Doctrine; and therefore right or wrong; if I do by you as you have done by others, you (of all men in the World) cannot say it is unjust in me so to do. Thus my true friends I have given you as exactly as my memory will enable me, the true substance of my discourse with Mr. Prideaux the nik-named Attorney General; who appearing to me pretty well exhausted of matter, fairly and civilly told me he had done with me at present, and therefore bid me farewell, and I him; and coming out into his next room, we found it very full of my old acquaintance and true friends, at the sight of so many I could not but wonder, considering that the Lieutenant of the Tower did so surprise me in time, as is before declared, before he let me know of his warrant, that considering the framing and writing of my forementioned Salva; I had scarce time or opportunity to give notice to any of my friends that lives nighest to me; but coming back to the Tower, the twenty-seveneth of September 1649. Colonel West was pleased to show me a warrant which several days before he had in his hands, the copy of which thus followeth. Whereas Lieutenant Colonel John Lilburne hath been formerly committed prisoner to the Tower of London for High Treason and that we are informed, that there is sufficient evidence against him, for bringing him to his Trial for Treason: These are therefore to will and require you forthwith to take into your custody the said Lieutenant Colonel John Lilburne, and him safely to keep in the said Tower of London in order to his Trial, for the said crime, of which you are in no wise to fail, and for which this shall be your sufficient warrant. Given at the Council of State at White-Hall this 19 of Sept. 1649. Signed in the name, and by Order of the Council of State, appointed by Authority of Parliament: John Bradshaw, President. To the Lieutenant of the Tower. And since the knowledge of this Warrant, I understand they have in Order to my particular Trial, signed at the great Seal (as they call it) a pretended special Commission of Oyer and Terminer for London and Middlesex, to which I cannot so fully speak, as by God's assistance I intent, till I have seen a Copy of the Commission, which I hope shortly to do, and therefore must now crave your favour to suspend the performance of my promise expressed in the foregoing, page 2. for a little time longer, and entreat of you to accept this which here already I have writ to you in good part, till more come, and to look upon this as the substance of my Plea and defence against them, whensoever I come before them; upon which, by the strength of God I will die, for which (I bless his name) I am prepared, as scorning their courtesy, and bidding defiance to their malice, who are to me no more a Parliament or Magistrates in any sense, then so many strong robbing Thiefs in the high way; whose Power or Authority, by the Assistance of the Almighty, I shall never while I breathe stoop unto, or so much as hereafter directly or indirectly address unto, or suffer any in my name, or for my benefit (so fare as I am able to hinder) to address unto; only this I entreat of you, that if I should die in this contest (for putting them in mind of their promises) that you will improve your utmost interest, that this Epistle may live, and many Thousands of them be reprinted, and seeing by their new pretended Act about Printing they cannot be sold, they may be thrown away, and given, and sent all up and down the Nation; So with my true love presented to you all, I commit you to the safe Protection of the Lord God omnipotent, and rest, From my unjust and causeless captivity in the Tower of London, this 30. of Sept. 1649. Your faithful friend and Countryman, so long as he is. John Lilburne. Postscript ALL The Petitions to the pretended House, for their Courtesy or Favour towards me, by any Persons whatsoever, though never so nigh to me; I totally disavow, disclaim, and disowne, as altogether done against my Consent, Will, and Mind, being absolutely Resolved, by the strength of God, to lay down the last drop of my blood, in Defence of my foregoing Discourse. October 13. 1649. John Lilburne.