VOX PLEBIS, OR, The People's Outcry Against Oppression, Injustice, and Tyranny.  
Wherein the Liberty of the Subject is asserted, Magna Charta briefly but pithily expounded.  
Lieutenant Colonel LILBURNES Sentence published and refuted.  
Committees arraigned, Gaolers condemned, and remedies provided ..  ISAI. 10. 1. 2. 
Woe unto them that decree unrighteous Decrees, and that writ grievousness which they have prescribed:  
To turn away the needy from judgoment, and to take away the right from the poor of my people, that Widows may be their prey, and that they may rob the Fatherless.  JER. 22. 15. 16. 17. 
Shalt thou reign, because thou closest thyself in Cedar? Did not thy Father eat and drink, and do judgement and justice, and then it was well with him?  
He judged the cause of the poor and needy, than it was well with him: was not this to know me, saith the Lord?  
But thine eyes and thine heart are not, but for thy covetousness, and for to shed innocent blood, and for oppression and violence to do it.  
London printed 1646. in the sitting of Parliament; during which time the Press ought to be free and open, as the Parliament declared to the Bishops at the beginning thereof.   

ALL States in the beginning are venerable: That Republic which would ke●p itself from ruin, is above all other things to keep their Religion uncorrupted, and their Laws from violation 〈◊〉 or as true Religion is the tie of the Conscience to obedience and observation of just Laws (especially such as have their foundation in Divine Authority;) So are good Laws the civil sanctions or sinews of a Commonwealth, that bind the members thereof together by the execution of justice and piety, in a perpetual bond of peace and tranquillity. So that if either Religion be neglected, or the Laws violated; the ruin of that Commonwealth must needs be near, where such defects are found. But where Religion is held in due reverenee, and the ancient Laws of that Commonwealth are inviolably kept; the Governors of such a State, shall easily keep their Commonwealth religious; and consequently, virtuous, and united. Now there is no better way to make the Subjects of a State good, and to incline them to virtue; then that those that sit at the Helm of that State, and have the government thereof, should hold forth clear examples of piety and justice, in their own lives and actions, to the people under their government; especially in the administration of Laws. For as hunger and poverty make men laborious; so Laws duly administered, make them good: and good examples proceed from good education; and good education, from the due, observance of settled Laws. Of all humane Laws, there is none more fit to be observed, than those that concern our Lives and Liberties. For those that concern our Lives, they are most carefully, & with the greatest piety and circumspection, to be executed: since if our lives be taken away by injustice, death being ultimum supplicium, the last punishment in this world; our injuries are remediless and irrecoverable. Therefore we may irrefragably conclude, That Governors of a State ought to be very wary in judging of matters of life, and not in one tittle to deviate or departed from the known Laws of the Land, lest by committing of irreparable wrongs upon the persons of their innocent subjects; they draw Gods irreconcilable vengeance upon themselves, in that day when he shall visit the Judges of the earth, and make inquisition for the blood of his people, spilt by injustice, violence, and oppression: which he will surely do, according to his own everlasting promise, and eternal decree, to be executed upon all States to the end of the world: And as he did execute it upon Ahab, and his posterity, and upon Jezebel his wife, for the unjust taking laway of the blood of Naboth, as you may read, 1 Kings 21. chap. 2 Kings 9 chap. concerning Jehoram and jezebel: and in divers other instances evidenced unto us by the holy Scriptures. That which Samuel said unto Agag, King of the Amalekites, As thy sword hath made other women childless; so shall thy mother be childless among other women; hath a perpetual moral use in God's justice. For we may find a thousand examples where those Princes, or States, which have sold the blood of their people at a low rate; have made but the market for their enemies to buy of theirs at the same price. For it was never yet seen, that those that dipped their hands in innocent blood, went dry to their graves; the blood that is unjustly spilt being not again gathered up from the ground by repetance. These medicines ministered to the dead, have but dead rewards. Now as the Laws concerning life, or proceed therein, ought not to be Arbitrary; much more concerning liberty. For that the laws that concern the liberty of the subject, in respect of their object, which is the whole body of the people, are far more large than those which concern life: which laws are only relative to offenders, and guilty persons, and not directly to the whole people; and therefore with the more tender regard to the subject, to be executed. Wherefore all manner of proceed whatsoever, which are Arbitrary, and that tend to the taking away of our liberty, are most dangerous & destructive to the State where such are put in execution. For Governors of Commonwealths ought to know this, That at the same instant they begin to break the Laws, and to execute an Arbitrary power upon the people's liberties; at that very instant they begin to lose their State. For by so doing, the Governors draw the Odium of the people upon them: and incite the people to find out and invent ways unusual, and of innovation, to free themselves from their oppressors, and the execution of such tyrannical power. It is a most sure Rule in State policy, That all the Laws that are made infavour of liberty, spring first from the disagreement of the people with their Governors. Whosoever therefore sits at the Helm of a State, be it either a Commonwealth, or Principality; should consider before they execute any Arbitrary power upon the people's liberties, what contrary times, by the ill effects of it, may come upon them; and what men in their troubles they may stand in need of: and therefore should live with them always in such manner, that upon any accident chancing; they may find them ready and willing to serve their occasions. For in a Commonwealth well governed, it is to be desired, That nothing should chance, which may call in the use of extraordinary courses. For though an extraordinary way, in some particular case, do good; yet the example proves of ill consequence, and will stir the people's minds to Jealousy and Commotions; especially when it concerns the public liberty, and with that deep impression, that having once freed themselves from the oppression of their Governors; it commonly falls out, that the State determines with the lives of the Governors. For the people by't more fiercely after they have recovered their liberty, then whlle they have continually maintained it: And having once gotten possession of their ancient rights, they will watch them so carefully, and with such strength and vigour, as that they will hardly be surprised again, or their rights any more wrested from them. As it fell out in the case of the Roman State, when the Romans having freed themselves of the government of the Tarquins, their hertditary Kings; the Nobility began to take upon the the rule of the people: & by the exercise of the like or greater tyranny the the Tarquins had done; the people being enforced by a necessity of their preservations; created Tribunes, as Guardians of the public liberty, whereby the insolence and Arbitrary power of the Nobilty, was restrained, and the people re-estated in their ancient liberty: which continued inviolable to them for the space of 800. years (after 300. year's oppression of the Nobility,) to the great honour and renown of their Nation, and exceeding enlargement of their Commonwealth. Now as concerning the liberty which the people of this Commonwealth, do, and of right both divine and humane, aught to challenge; it consists of these particulars following, Liberty of conscience in matters of Faith, and Divine worship; Liberty of the Person, and liberty of Estate: which consists properly in the propriety of their goods, and a disposing power of their possessions. As touching liberty of Conscience, it is due of Divine right to the people of God; since that the conscience is a Divine impression, or illumination, in the soul of man, which God instills into the heart by faith, whereby man is instructed to worship him in Spirit and Truth: and it is (as it were) the engraven Character of the mind & will of God in the soul of man; not passive, nor consisting of bodily substance: therefore it is not to be constrained, or enforced to submit to any other rule, than what the Creator, by his revealed will, according to the Scriptures, hath imprinted in it: And for that cause is only to be accountable to him, whose image it is; as being the only competent Judge of his own will. As touching the liberty of our persons: That is founded not only in Divine Law, but in Nature ulso; and as protected by the municipicall and known Laws of this Kingdom. For as God created every man free in Adam: so by nature are all alike freemen born; and are since made free in grace by Christ: no guilt of the parent being of sufficiency to deprive the child of this freedom. And although there was that wicked and unchristianlike custom of villainy introduced by the Norman Conqueror; yet was it but a violent usurpation upon the Law of our Creation, Nature, and the ancient Laws of this Kingdom: and is now, since the clearer light of the Gospel hath shined forth, by a necessary harmony of humane society; quite abolished, as a thing odious both to God and man in this our Christian Commonwealth. Now that the liberty of men's persons hath ever been a thing most precious in the eyes of our Ancestors and right dear and of most tender regard in the consideration and protection of the Law, if we do but consider the original Laws of this Realm, the proceed of our Ancestors, in the Acquisition and defence of their just liberties, and the continual vigilance of them in making and ordaining good Laws for their necessary preservation; we shall easily find that there hath not been any earthly thing or more weighty and important care to them, than the preservation of their Liberties. To prove this, Andrew Horn, a learned man in the ancient Laws of this Kingdom, in his Book called, The Marrow of Justice, written in the reign of King Edward the first, fol. 1. saith, That after God had abated the Nobility of the Britons, he did deliver the Realm to men more humble and simple, of the Countries adjoining, to wit, the Saxons, which came from the parts of Almaigne, to conquer this Land: of which men, there were forty Sovereigns, which did rule as Companions; and those Princes did call this Realm England, which before was named, The Greater Britain. These, after great wars, tribulations, and pains, by long time suffered; did choose amongst them, a King to reign over them, to govern the people of God, and to maintain and defend their persons, and their goods in quiet, by the Rules of Right, and at the beginning they did cause him to swear to maintain the holy Christian Faith, and to guide his people by right, with all his power, without respect of persons, and to observe the Laws. And after, when the Kingdom was turned into an Heritage; King Alfred, that governed this Kingdom about 174. years before the Conquest, did cause the great men of the Kingdom to assemble at London, and there did ordain for a perpetual usage, That twice in the year, or oftener, if need should be, in time of peace; they should assemble at London in Parliament, for the government of God's people, that men might live in quiet, and receive right, by certain usages, and holy judgements. In which Parliament (faith our Author) the rights and prerogatives of the Kings, and of the Subjects, are distinguished, and set apart, and particularly by him expressed, too tedious here to insert. Amongst which Ordinances, we find, That no man should be imprisoned but for a capital offence. And if a man should detain another in prison by colour of right, (where there was none) till the party imprisoned died; he that kept him in prison should be held guilty of murder, as you may read pag. 33. And pag. 36. he is declared guilty of homicide, by whom a man shall die in prison, whether it be the Judges that shall too long delay to do a man right, or by cruelty of Gaolers, or suffering him to die of Famine: Or when a man that is adjudged to do penance, shall be surcharged by his Gaoler, with Irons, or other pain, whereby he is deprived of his life. And pag. 140. That by the ancient Law of England, it was Felony to detain a man in prison after sufficient Bail offered, where the party was plevisable. Every person was plevisable, but he that was appealed of Treason, Murder, Robbery, or Burglary, pag. 35. None ought to be put in the common prison, but only such at were ATTAINTED, or principally APPEALED, or INDICTED of some capital offence, or ATTAINTED of false and wrongful imprisonment. So tender hath the ancient Laws and Constitutions of this Realm been of the liberty of their Subjects persons; That no man ought to be imprisoned but for a Capital offence, as Treason, Murder, Robbery, or Burglary. And, if for these offences; yet ought he to be let to Bail: which to deny, were felony, in case the prisoner were plevisable, which is, if he were not appealed, indicted, or attainted. Nay, you see it was Felony to detain a man in prison by colour of right, when there was none. Neitherwas the law tender of the persons of Innocents', & bailable persons only; but also of the persons of men not plevisable and indicted: insomuch that they ought not to be oppressed by their Judges or Gaolers, upon pain of Felony. This caused our Author to complain in the time of King Edward the first, that those good Laws were 〈◊〉: in these words, It is an abuse that Gaolers are suffered to spoil and oppress their prisoners, or to take aught from them, save their Armour and Weapons. Nu. 52. It is an abusion that prisoners are put in Irons, or to other pain, before they are attainted of Felony. Nu. 5. It is an abusion to imprison any other man than he that is indicted or appealed of Felony, in case he want not pledges, or mainpernours, pag. 289 And that this was the Law; is very clear: for that King Alfred did cause Forty four Justices in one year to be hanged for breach of these Laws. And more particularly the Suitors of Cirencester, for that they did detain a man so long in prison (that offered to acquit himself) that he died there, as you may find, pag. 301. whereby you may clearly perceive, that the Liberties of the Subjects of England, as touching their persons, are not grounded merely upon Magna Charta, but are of a more ancient foundation, even in the original Laws of the Nation: the Statute of Magna Charta being only a Declaration, or Confirmation of those former Laws which by Divine right, and Nature, we inherit. As Sir Edward Cook in his Proem to the second part of his Institutes, observes, These Laws were gathered and observed amongst others in an entire volume by King EDWARD the Confessor. And though that William the Conqueror came in by the Sword; yet at the petition of the Lords and Commons of this Realm, he confirmed these Laws unto us for the sake of King Edward, that devised unto him the Kingdom; as witness Matth. Paris, and William of Malmesbury, which were afterwards confirmed by King Henry the first, and enlarged by Henry the second in his Constitutions, made at Clarendon: and after much blood spent between King John and his Barons, concerning them; reestablished at Running Mead, near Stanes: and lastly, brought to a full growth, and made public by King Henry the third, in the ninth year of his reign, though he sought afterwards to avoid both that of his father King John, upon pretence of dures of imprisonment, and his own by nonage; Yet nevertheless, God so ordaining, in the 20. year of his reign he did confirm and complete the said Charter for a perpetual establishment of liberty to all freeborn Englishmen, and their heirs for ever: ordaining, Quod contravenientes per Dominuns Regem, cum convicti fuerint, graviter puniantur. Which is, that those that went against these laws, when they were convicted; should be grievously punished by our Lord the King. And in the 52. year of his reign by the Stat. of Marleb. c. 5. this Charter was confirmed by Act of Parliament: and hath since been not less than 33. times confirmed and established, and commanded to be put in execution, by several Parliaments since held.  
This Charter of our Liberties, or Freeman's Birthright, that cost so much blood of our Ancestors, and was so long in the Forge before it could be fashioned: being no less than 200. years under persecution, before it was brought to perfection; is that brazen wall, and impregnable Bulwark that defends the Common liberty of England from all illegal & destructive Arbitrary Power whatsoever, be it either by Prince or State endeavoured. And because it imports us so much; we shall recite the words of this Charter, as to our present purpose of the vindication of our liberties both of persons & estates. And first, ch. 14. it runs thus, A Freeman shall not be amerced for a small fault; but after the manner of the fault: and for a great fault, after the greatness thereof; saving to him his contentment: and a Merchant; saving to him likewise, his Merehandise. And none of the said amercements shall be assessed but by oath of honest and lawful men of the vicinage. This part of the charter was made in affirmance of the Common Law; as appears by Glanvil, l. 9 c. 11. where he useth these words, Est autem miserico dia domini Regis qua quio per juramentum legalium hominum de vicineto, eatenus amerciandus est, ne quis de suo honorabili contenemento amittet. In English thus, The amercements, or mercy of the King, aught to be such, whereby a man is to be amerced by the oath of lawful men of the neighbourhood, or County, in such manner, that he may not lose any thing of that countenance or subsistence, together with and by reason of his : For so is the sense of the word taken in the Statute of 1. Edw. 3. cap. 4. and vet. n. Br. fol. 11. The Armour and weapons, and profession of a Soldier, is his countenance: And the books; of a Scholar. So Sir Edward Cook. 2. part of Instit. pag. 28. Amercements ought to be assessed by the equals of him that is amerced. So is the express Book of 7. H. 6. fo. 12. in Dett. Fitz. Herbert, Nat. Brev. fol. 73. And in case where a man is amerced; he ought not to be imprisoned: as appears 11. H. 4. fol. 55. The intent of which clause of the Great Charter, is, That no man should be tried but by his Equals; as more fully appears, cap. 29. where it is thus enacted, No Freeman shall be taken or imprisoned, or disseised of his , or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed: nor we will not pass upon him, nor condemn him, but by lawful judgement of his PEERS, or by the law of the land.  
In these few words lies conched the liberty of the whole English Nation. This word, liber Homo, or free Man, extends to all manner of English people; as appears Stamf. Pl. Coron. pag. 152. In these words of this Charter before recited, there are these 6. particulars:  

First, That no man shall be taken, or imprisoned, but by the law of the land.  
Secondly, That no man shall be disseised, dispossessed, (sequestered) or put out of his : that is, lands or livelihood, liberties, or free Customs; but by the Law of the Land.  
Thirdly, No man shall be Outlawed, but by the Law of the Land.  
Fourthly, No man shall be exiled, but according to the Law of the Land.  
Fifthly, That no man shall be in any sort destroyed, unless it be by the law of the land.  
Sixthly, No man shall be condemned, but by a lawful judgement of his Peers, or by the law of the land.   
Where first it is to be noted, that these words, By lawful judgement of his Peers, or By the law of the land; are Synonyma's, or words of equal signification: and that the law of the land, and lawful judgement of Peers; are the proprium quarto modo, or essential qualities of this Chapter of our great Charter, being communicable omni soli & semper, to all and every clause thereof alike. Therefore we are to examine, declare, and publish to the world, what this Legale judicium, or Lexterrae, this lawful judgement, or law of the land, is, and hath always been taken to be: That the Freeborn subjects of this Kingdom, may not dwell in the shade; but that they may be able to understand them with clearness and perspicuity, and to demand them with force and vigour, as our Ancestors in times of old, have in like case done; To make a clear demonstration whereof, we will follow the order of the six Particulars before mentioned, to be emergent out of this Charter of our liberties. And first touching our caption and imprisonment, Nullus liber homo capiatur aut imprisonetur, nisi per legale judicium Parium suorum, vel per legem terrae. Let no freeman of England (which is every man born in the Realm) be taken or imprisoned, but by lawful judgement of his Peers, or the law of the land. This is the context of this clause: Every Arrest, or Attachment, is comprised within it. See Cook. 2. part. Instit. pag. 46. What the Law was before the making of this Law; we have in part declared already: we shall only add this, That imprisonment without lawful cause, was so odious, that among the laws of King Alfred, cap. 31. we find this, Qui immerentem Pagaum vinculis constrinxerit decem solidis noxam sarcito: If a man should unjustly imprison a Pagan, or a Heathen man; he should redeem his offence with the payment of ten shillings (no small sum in those days.) This is a perfect badge of liberty by our laws. Let us now examine what it hath been since, by the Stat. of 25. E. 3. cap. 4. It is ordained, That none from henceforth shall be taken by petition or suggestion made to our Lord the King, or to his Counsel: unless it be by Indictment, or Presentment of his good and lawful people of the same neighbourhood, where such deeds, be done; in due man-manner: By the Stat. of 25. E. 3. cap. 3. No man shall be imprisoned, without being brought to answer by due process of law. By the Stat. of 4●. E. 3. c. 3. It is 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, or Writ Original, according to the old law of the land. And if any thing from henceforth be done contrary; it shall be void in law, and holden for error.  
We need not cite the Petition of Right, or other Acts of Parliament mentioned in our former Treatise for vindication of Liberty, against Slavery: Let us now examine the Responsa prudentum upon these Statutes, and the Judgements given by those Sages, 45. Ass. Plea. 5. Fitzherbert Title Assize, nu. 346. we find that the Bailiff of Chensford in Essex, was indicted before Knevet and Thorp, by virtue of a Commission of Oyer & Terminer, for imprisoning a man, & taking his goods by virtue of a Commission out of Chancery, which he pleaded in his justification: The resolution was, That the Commission and imprisonment were against law, to take a man & his goods, without indictment, or suit of the party, or other due process of law. 33. E. 3. Fitzh. title Trespass, 253. It is declared for Law, That the Command of the Lord is not a sufficient warrant to one to take his villeine without due process of law. May 16. H. 6. Fitz. Monstrans de faites, nu. 182. It is declared for Law, That if the King command a man to arrest one, and the party doth it in his presence; the arrest is unlawful, & the party arrested may have his action of false imprisonment. 24. E. 3. fo. 9 Be. faux Imprisonment. 9 You may find that a Commission was directed to men to take divers notorious Felons before they were indicted, and this Commission was adjudged void in Law.  
We need not mention the resolution of the Judges in this point of Liberty, you may find it reported by Sir E. Cook in his Reports, 9 Ja. f. 66. There are a thousand cases more cited in our books of law, to prove this undeniable truth: out of which we only cited these, to inform the free Subjects of England, That neither the King by his command or commission, nor his Council, nor the Lord of a Villain, can or could imprison, arrest, or attach any man without due process of law, or by legal judgement, and law of the land, against the form of our defensive Charter of Liberty, no not a Pagan or Heathen could be unjustly imprisoned or arrested without due process of Law. But to discourse here the manifold imprisonments of the freeborn people of this Kingdom, contrary to their Birthright, this Free Charter, and contrary to the known laws of this Realm: or to show forth all the illegal process, whereby men are now adays arrested, attached, or imprisoned, contrary to this Charter, and the laws before recited: as Latitats, Capiats pro debito, Attachments, and Messengers; would be infinite, and require a volume 
Which is worth the making.  by itself. Only thus far we may be bold to demand, by what Law, Statute, or other legal power, the Committee of Examinations, Committees of Excise and Sequestrations,; nay, all Committees: nay more, their Sub Committees take upon them to commit to prison: nay, without Bail or Mainprize, the freeborn Subjects of this Kingdom, without lawful process, trial, or conviction, and most manifestly against the law of the land? For if those whom we have elected to sit at the Helm of the government for us, as our trusties, for preservation of our Liberties, be (by right of their places) Judges; we are sure they cannot depute their Authorities. For a Judge cannot delegate his power to another, nor make a Deputy to judge for him; And this appears by the Books of 2. H. 6. f. 37. 9 E. 4. f. 31. 41. 10. E. 4. f. 15. 11. E. 4. f. 1. I am sure we have not sent them thither, and given them the places of their trust to Them and their Assigns: therefore their Committees, or Assignees, cannot execute their Judicial power: which as to the matter of imprisonment, is one and the chiefest of their Judicial powers, so it be according to due process of Law. But we will not wrong these Noble Patriots, the Commons of England, whom we have chosen to be the Guardians of our Liberties; either to suspect them not to be our competent Judges, and Judges of Record too, or that they intent to commit our liberties to their committing Commities; since that by deputing such Commits, and investing them with their own powers; it argues the givers rather to be Ministerial then Judicial Officers.  
We come now to the second particular, which is, That no man shall be desseised of his , or Liberties, or free customs, but by lawful judgement of his Peers, or by the law of the land.  
We need not insist long upon this particular, it being so plain and clear in itself; Only we will remember that which that learned Father in the Law, Sir Edward Cook. 2. part. Instit. pag 46. saith upon this clause, viz. Hereby is intended, that Lands, Tenements, Goods and Chattels, she'll not be seized contrary to this great Charter, and the Law of the Land. Nor any man shall be disseised of his Lands or Tenements, or dispossessed of his goods or chattels, contrary to to the law of the land. We may safely add, That neither King nor State ought to seize, sequester, plunder, or take away any man's goods, chattels, trade, lawful calling or office; before the party be lawfully indicted or convicted of an offence by due process of Law, trial of Jury, and lawful Judgement, by the law of the land. Neither ought any man to be disseised, or put out of his Lands, Tenements, or Freehold, by suggestion, or petition to the King, or his Council, unless it be by presentment or indictment of his good and lawful people of the neighbourhood. That thisis as clear as the Sun at noonday; Read these three Statutes of 5. E. 3. cap. 9 25. E. 3. c. 4. 28. E. 3. c. 3. And the books of 43. Ass. Pl. 21. These refer to sequestering, seizing, or desseising rather, of Lands, Tenements, and  of the free subjects of England. For the defence of our goods, not only this great Charter, but also the Book of 43. E. 3. fo. 24. 32. 44. Ass. Pl. 14. 26. Ass. Pl. 32. 7. H. 4. fol. 47. Cook. 1. Reports. fol. 171. 8. Reports. fol. 125. Case of London: Where the case was, K. H. 6. granted to the Corporation of Dyers within London, power to search, etc. And if they found any cloth died with Logwood; that the cloth should be forfeit. And it was adjudged in Trin. 41. Eliz. in this case, That this Charter for seizing of such cloth, was against the Law of the land, and this great Charter; because no man ought to have his goods taken away from him, before conviction. Nay, if he were accused or indicted of Felony or Treason; yet his goods ought not to be seized upon, or taken away from him, before he be attainted or convicted, according to the Law of England, upon pain to forfeit the double value; as appears by the Statute of 1. R. 3. And although Treason is not mentioned within that Statute, but Felony only; yet Sir Edward Cook. Instit. part. 3. fol. 228. saith, that Regularly the goods of any Delinquent cannot be taken and seized, before the same be forfeited. Neither is this a new opinion; but, the law ever was, and still is so, as Bracton l. 3. fol. 136. witnesseth in these words, Qui pro crimine, vel felonia magna, sicut pro morte hominis captus fuerit, & imprisonatus, vel sub custodia detentus; non debet spoliari bonis suis, nec de terris suis disseisiri: sed debet inde sustentari donec de crimine sibi imposito se defenderit, vel convictus fuerit, quia ante convictionem nihil forisfacit. Et si quis contra hoc secerit, fiat Vic. tale brev. Rex Vic. salute, Scias quod provisum est in Curia nostra coram nobis, quod nullus homo captus pro morte hominis, vel alia felonia pro qua debeat imprisonari, disseiseatur de terris, tenementis, vel catallis suis, quousque convictus fuerit de felonia de qua indictus est, etc. In English thus, Where any man for a crime, or great felony, as, for murder; shall be taken and imprisoned, or detained under custody, he ought not to be spoilt of his goods, nor disseised of his lands; but aught to be maintained of the same, until he shall acquit himself of the crime charged upon him, or shall be convicted thereof, because, Before conviction he shall forfeit nothing. And if any man shall do contrary to this course; let there be made out to the Sheriff, such a Writ following, THE KING to the Sheriff, greeting, Know thou, that it is provided in our Court before us, that no man taken for the death of a man, or other felony, for which he ought to be imprisoned; aught to be disseised of his Lands, Tenements, or Chattels, until he shall be convicted of the Felony, whereof he is indicted, etc. In which words, Qui pro crimine, Sir Edw. Cook is of opinion, that Treason is included, as also, Quia ante convictionem. And that the Act of Magna Charta, c. 29. extends to treason as well as to Felony, or other Delinquency. The Writ aforementioned, you may find in the Register among the Original Writs. By all which Statutes and Book-Cases, and a thousand more testimonies to be produced; it is more than clear, That neither, Sequestration, Seizure, nor taking or spoiling a man of his lands, or goods; aught to be: till he be lawfully indicted and convicted by trial of his equals, according to the law of the land.  
But we have done with this particular: we come now to the next, which is the third, and that is, No man ought to be outlawed, by the Law of the Land.  
This word Outlary signifieth, The putting of a man out of the protection of the Law, either in Criminal or Civil causes; and it is of two kinds, Legal and Illegal. A legal outlary is, when the party is duly indicted, or summoned to appear and makes default at the return of the Writ of Summons, and then by due process of Law is pronounced an Outlaw in the County-Court, by the Coroners of the County where he doth inhabit. Which proceeding is according to the law of the land, because it is done by his Equals. And if he be duly outlawed of Treason, Murder, or Felony; it is a conviction in law till he appear, & plead to the indictment, and pray his Writ of error, to reverse the outlary: which ought to be allowed him upon his appearance. Illegal Outlaries in Civil Causes, are, where men are not duly summoned, and a false Return made by the Sheriff: whereby process of Law is unduly awarded against him, till he be outlawed. In both which cases he forfeits his goods and chattels, and the profits of his lands, till the outlary be reversed. There are other sorts of illegal outlaries in effect; which are, putting men out of protection of the law: which are unlawful prohibitions and injunctions: whereby men are enjoined and stayed from prosecuting their rights, suits, or actions in any of his Majesty's Courts of Justice: Or, when men under any pretence of incapacity by delinquency, are not permitted to sue, or have right denied them by any Judges or Justices; these are in effect outlaries: For every Outlary carries with it an incapacity to sue for a man's right or for wrong done in any personal or mixed action. As Littleton in his chapter of Villeinage, affirms; and as you may find 2. & 3 Ph. & Mar. Dier. 114. 115. Now it is all one to be put out of protection of the law, a●d not to be permitted to sue for a man's right, or to be stayed by injunction or pronibition, so that a man cannot proceed. All which causes are illegal, and contrary to this clause of the great Charter: For every man ought to be permitted to go to trial, judgement, and execution in his cause, according to the course of the law of the land. And if he fail in his suit, he shall pay costs, and be amerced, pro falso clamore. Which amencement ought to be reasonable, & salvo contenemento, that he be not destroyed, as is before declared. Which payment of destruction, is the fourth particular, and now comes to be handled. The words of the great Charter, are,  
That no man shall be any way destroyed, but by judgement of his equals, or according to the law of the land.  
This word destruere amongst the Grammarians, est idem quod penitus evertere & diruere, to destroy is all one, as utterly to overthrow and demolish: To destroy a man is to forejudge a man of life, limb, or liberty, to dis-herit, to put to torture or death, any man without lawful trial, due preparation to his defence, or by SURREPTITIOUS JUDGEMENT. All which are contrary to the law of the land. It is the Genus of all the former particulars, it is the most pernicious extent of all arbitrary power, there have been to many examples of it, Thomas Earl of Lancaster in the 14. E. 2. was destroyed; that is, adjudged to die as a Traitor without lawful try all of his Peers. And afterwards, Henry Earl of Lancaster his brother was restored:  
First, because that he was not arraigned and put to answer.  
Secondly, because, that contrary to this Charter of Liberties, the said Thomas being one of the Peers of the Realm; without answer, or lawful judgement of his Peers he was put to death: Such like proceed were had in the case of John of Gaunt, as appears P. 39 Coram Rege, and in the E. of Aruudels case Rot. Par. 4. E. 3. Nu. 13. and in Sir John Alees case, 4. E. 3. Nu. 2. Such was the destruction committed upon the Lord Hastings in the Tower of London, by K. Richard the 3. who swore he would not die, before he saw his head off; and thereupon caused him to be executed without trial, answer, or lawful conviction: such was the destruction of the Lord Rivers, and many other of sad remembrance: but above all that Attainder of Thomas Cromwell Earl of Essen, who was attainted of high Treason, as appears, Rot. Part. 32. H. 8. being committed to the Tower of London, and forthcoming to be heard, and yet never called to answer in any of the Houses of Parliament, they sitting: which we hope shall never be more drawn into precedent, but wish with a clearned sage in the Law, Quod auferat oblivio si potest, si non, utcunque silentium tegat, which is; let oblivion take away the memory of so foul a fact, if it can: if it cannot, let silence cover it: For, the more high and honourable the Court is, the more just and honourable it ought to be in the proceeding, and to give example of Justice to inferior Courts; for these destructores subditorum dom. Regis, the destroyers of the freeborn people of the Kingdom, were ever-odious and hateful to the subject, and severe pains appointed for them, as appears by the Statute of Kenelworth, Par. 16. and by the old Statute of Ragman; and that this kind of destroying the King's people, is utterly against the Law of the Land, is most evident; not only by the great Charter, but also by the Statute of 5. c. 3. c. 9 and 28. E. 3. c. 3. , and by the ancient Laws of the Land; as appears by Horn, in his Mirror of Justice, c, 2. sect. 3.  
We proceed now to Exile, which is the fifth particular: The great Charter runs thus; No man shall be exiled, but by the Law of the Land. Exile or banishment is of two sorts: The one, a voluntary, which is at the Common-Law; and that is, when a man would abjure the Realm for a Felony committed by him, having taken sanctuary to avoid the punishment of death, choosing rather perpetual banishment then to put himself to the hazard of his life, by a legal trial for his offence, as Stamf. Pl. Cor. p. 117.  
The other is, when a man is enforced to banishment, which is only legally done by Act of Parliament; as appears by the Statute of Westrn. 1. cap. 20, 35. El. c. 1. and 39 El. c. 4. and by that Judgement or Statute of banishment made of the two Spencers, 15. E. 2. called Exilium Hugonis le-Despencer, patris & filii: for, though there was an Order or Ordinance made in the Lord's house, Anno 6. E. 3. Nu. 6. That such learned men in the Law, as should be sent as Justices, or otherwise, to serve in Ireland, should have no excuse: yet saith Sir Edw. Cook, 2. part. Instit. p. 48. That Order or Ordinance being no Act of Parliament, it did not bind the subject; so that we that are the freeborn subjects of England, cannot at this day be enforced or compelled to departed the Realm, or be exiled or banished from our native Country, but by Act of Parliament;  
And from this, we pass to examine what is to be esteemed a lawful Judgement of our Peers, and what is here in this Charter, meant by the Law of the Land.  
This Great Charter was penned in Latin; the words are thus: Nec super eum ibimus, nec super eummittemus, nisi per legale judicium Parium suorum, which are more emphatically in the Latin, then in our English Translations of this Charter: for the Translations render it, We will not pass upon, nor condemn any man, but by the lawful judgement of his Peers, or by the Law of the Land: whereas the words in the Latin import, That the King shall not in his own person, when he is personally present in his high Court of Parliament, or any other of his Courts of Justice; cause any man to be otherwise tried or condemned, then by lawful judgement of his Peers, or the law of the Land, nec super eum mittemus, that is, That no Judges, Commissioners, or Justices of the King, shall by force of any Writ, or Commission from the King, under the Great Seal, in his absence, arraign, try, or condemn any man, but by the lawful judgement of his Peers, or by the law of the Land.  
Now this legale judicium parium suorum, or lawful judgement of a man's Peers, is, and hath always had a twofold construction in law; the one is, When a Lord of the Parliament hath committed treason or felony, or other capital offence, whereby he is indictable at the King's Suit; there he by virtue of this Charter ought to be tried by his Peers, that is, such as are Lords of Parliament, that sit there, by reason of their Nobility: for no Nobleman that is not a Lord of the Parliament, or any other that sits in the Lord's house by Writ, Et non ratione nobiliatis; can be a tryer of a Lord of the Parliament, or challenge this privilege of trial in case of Treason, Felony, or other capital offence: But a Nobleman of the Parliament shall not have this privilege, either upon an Indictment of Praemunire, or upon an Appeal of Felony, at the suit of the party, or in any Civill-Action, either concerning the right of Lands, or of other Possessions, or in any personal Action, brought by a Commonperson, against a Lord of the Parliament, as appears unto us by the Books of 1. H. 4. f. 1 13. H. 8. f. 12. 10. E. 4. fol. 6.  
This trial of Noblemen by their Peers at the King's Suit; is not upon Oath as in the case of common persons: for the Peers are not sworn before the Lord Steward, before whom this trial must be had: but they are to be charged by the Lord Steward, super fidelitatibus & ligeantiis Dom. Regi debitis; that is, upon their faith and allegiance due to the King; and if they acquit the Peer or Nobleman, upon whom they pass; the Entry is, Willelmus Comes E. & cateri Antedicti pares inst●nter super fidelitatibus & ligeantiis dicto D●m. Regi debitis per praefarun Senescallun ab inferiori usque ad supremum separatim examinati; dicunt, quod Wil Dom. Dacre nox est Culp. and so was the Entry in the case of the Lord Dacres 26. H. 8. Spilmans Reports, and Cooks Instit. 3. part. p. 30. If a Nobleman be indicted of Treason, Felony, or Murder, and cannot be found; he shall be outlawed by the Coroners of the County: and in case of Clergy, no Nobleman shall have more privilege than a commonperson, where it is not specially provided for them by Act of Parliament; as by Stamford pl. Cor. p. 130. is made manifest: out of all which, we gather, that a Nobleman hath this privilege of trial, as well per lege terra, as by this Charter: and that anciently, legale judicium parium, or lawful trial of Peers, for all manner of persons, aswell Noblemen as Commons: was, veredictum duodecim proborum & legalium hominum de vicineto, a verdict of 12. good and lawful men of the Neighbourhood; that is, of the Commons of England, & so still remains saving only in this excepted case, by the Great Charter, which shows, that there can be no legale judicium, or lawful judgement; but it must be per legem terrae, or according to the Law of the Land, which is the other branch of this judgement, as to the Commons of England.  
Now to prove that legale judicium parium, or lawful judgement of a man's Peers or Equals, is by verdict of 12. men, and not otherwise: for the word Peers vinvocally signifies both. Let us consult both the judgement of Parliaments in this point, and the fundamental laws of the Land:  
And first, for the opinions of Parliaments in this point, we find, that by the statute of 25. E. 3. c. 4. None shall be taken by petition or suggestion, made to our Lord the King, or to his Council; unless it be by indictment or presentment, of his good and lawful people of the same neighbourhood 42. E. 3. c. 3. 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 be done from henceforth contrary, it shall be void in law, and holden for error; and to say one word for all: there are above 50 statutes now in print, and in force, that warrant this trial, or legale judicium parium suorum, or trial by a man's Equals or Peers, made since the Great Charter in several cases: the citing of which statutes; for prolixity we avoid: And that this manner of trial was the old law of the Land, we are here to make it appear; that this manner of trial, is according to the law of the Land, and that there is none other: wherein we are to observe this distinction, that this legale judicium, or lawful judgement, is twofold: The one is of the matter of Fact: The other is of matter of Law; That which is of matter of Fact, is to be tried, per legale indicium parium, or a lawful trial of a man's Peers: That which is of matter of Law, is to be tried by the Judges, or Justices of the Land, authorized thereunto by the King's lawful Commissions: To prove, that there is no other lawful Judgement of our Peers or Equals,  
As touchiug the matter of Fact, we are to examine the foundation of this Commonwealth, and the original constitutions thereof: We find that King Alfred having reduced this Kingdom of England into an Entire-Monarchy divided it into 38. Counties, and each County into several Hundred and Manors: The Counties were put under the government of Earls, who substituted under them Viscounts or Sheriffs, for the quiet government of the people, the Hundreds and Manors subordinately under the several Lords of them.  
The Sheriffs had two Courts; to wit, the Sheriffes-Tourn, and the County-Court: The first, for offences against the peace of the Land: The latter, for entry and determination of civill-causes, between party and party.  
In the first indictment, or presentment of offences was made per-Enquest; that is, by Juries.  
In the second, the Free-suiters; that is, men of the neighbourhood. The like was done in the leets or views of Frankepledge, and Hundred-Courts in the Hundreds. The like proceed was in the Leets, and Court-Barons of Manors in those Courts. There was no condemnation or judgement given, but by the Enquirie of good and lawful men of the neighbourhood.  
This every book of the Law tells us; for more particular satisfaction, read Horn, f. 8. and forward. These Courts were form after the model of the greater Courts of the Realm, the Kings-Bench, and Common-pleas, where greater jurisdiction was, as to the matter to be enquired of; but no variation originally in the manner of proceeding; only the jurisdiction of the Court of Kings-Bench, and Common-Pleas, in trials of actions, ad dampnum 40. s. flowed over the whole Kingdom. The other Courts were confined to their several limits, and might not exceed 40. s. damages: these were the original Courts of the Kingdom: and the legale judicium parium, or lawful judgement of Peers, was only trial by Jury of Equals, before this great Charter: From which trials, this clause is inserted into it, and by an inviolable right of law continues in force, even to this day, as every free subject of England by experience knows; and as every book of our law proves into us, the verdict of the Jury in criminal causes, being the judgement of Attainder, and in civil causes a condemnation as Stamford, pl. Cor. p 44. and all other books prove; And to leave every man without scruple in this particular; we find by the statute of Westm. the 1. c. 12. That in case of Felony, those that refuse upon their arraignment, to put themselves upon the Enquest, shall be put to penance for't, & dure, which is, stoned or pressed to death, because they refuse as the statute saith, to stand to the Law of the Land, And yet if the party accused stand mute, and will not put himself upon the Enquest; the Judge ought to examine the evidence, and to inquire by the jury, whether he were mute of malice, or by the Act of God, before he shall give judgement against the Prisoner: so tender is the Law of the Land of the life of every man, that if an Offender would wilfully cast away his life by contumacy; yet he ought not to be condemned; but per legale judicium parium suorum, or lawful verdict of a Jury, which is according to the Law of the Land: this appears by Stamf. pl. Cor. p. 150. a, b, c, d. Cooks Instit. p. 2. part. page 178. and so from this legale judicium parium, or lawful judgement of Peers or Equals; we come to declare to the freeborn subjects of England, what this lexterrae, or Law of the Land is.  
And first, we say, that this lex terrae, or law of the Land is the absolute perfection of reason; as Sir Edw. Cook. 2. part, Instit. page 179. saith.  
Secondly, it is the law of England; and therefore all Commissions made to the Judges of the Land, run thus; That they in all cases that come before them, facturi sunt inde quod adjustitiam pertinet secundum legem & consuetudinem Angliae, the Judges by their Commissions are to judge and act only that which to justice belongs, according to the law of the land, and custom of England, as. 2, part of Cooks Instit. p. 51. and daily experience tells us.  
Thirdly, it consists of the lawful and reasonable usages and customs received, and time-out-of-mind observed and approved by the people of this Kingdom: for if a custom or usage be not lawful, it ought not to bind; Quod ab initio vitiosum est; non potest tractu tempor is convalescere, saith Ulpian, l. 29. Course of time amends not that which was naught from the first beginning, and in Jur. Reg. v. 2. q. 117 art. 1. non firmatur tractu tempora, quod de jure ab initio non subsistat, That which was not grounded upon good right, is not made good by continuance of time, and they must be reasonable too: so is Augustine's opinion, in his Book de vera Religione, cap. 31. mihilex essenon videtur que Justa nonest; It seems (saith he to me) to be no law at all, which is not just: It must likewise be received, and approved by the people.  
Therefore, Ulpian F. de leg. 32. Leges nulla alia causa nos tenent quam quod judicio populi receptae sunt; the laws do therefore bind the Subject, because they are received by the judgement of the Subject, and Gratian in Dec. distinct. 4. Thum demum humane leges habent vim suam cum fuerint non modo institutae, sed etiam firmatae approbatione Comunitatis; It is then, that humane Laws have their strength when they shall not only be devised, but by the approbation of the people; confirmed.  
Fourthly, this law of the land consists of the ancient Constitutions, and modern Acts of Parliament, made by the Estates of the Realm; but of these only, such as are agreeable to the Word of God, and law of Nature: for, as Gregory de valentia, Ex Tho. q. 93. art. 3. & q. 94. art. 34. well observes, Humane law is a righteous Decree, agreeing with the Law natural and eternal; and Augustine de libero Arbitrio, cap. 36. nihil justum est atque legitimum, quod non ab aeterna lege sibi homines derivaverint: there is nothing just and lawful, which men have not derived unto themselves from the law eternal; And Horn, cap. 5. sect. 1. saith, That torvous usages, and unjust decrees not warrantable by Law, nor sufferable by holy Scripture; are not to be used or obeyed: Out of all which premises, we conclude, that the Law of the Land, is the Law of England; the perfection of reason consisting of lawful and reasonable Customs, received and approved by the people, and of the old Constitutions and modern Acts of Parliament, made by the Estates of the Realm, and such only as are agreeable both to the law eternal and natural; and not contrary, but warrantable by the Word of God, whatsoever laws usages, or customs, are not thus qualified, are not the law of the land, nor are to be observed or obeyed by the people, as being contrary to their Birthright, and the freedom and liberty which by the law of God, the laws of the Land, and this great Charter they ought to enjoy. The sum of all is, that according to this Charter, the statute and laws , no man ought to be taken or imprisoned or disseized of his freehold, liberties, or free-customs: or outlawed, or banished, or my manner of way destroyed, nor condemned, but by lawful trial of his Peers or Equals, or by the law of the Land; that is, by due process of Law, by presentment or indictment of good and lawful men, where such deeds he done in due manner, or by Writ original at the Common-law, according to the old law of the Land. Here we will answer an objection, that we hear is made, which is, that this is an old Law, and many laws have been made against it since it was granted, which weaken the strength of this Charter.  
To this we answer, That by the Statutes of 28. E. 1. called Articuli. super Cartas. & 25. E. 1. vet Magna Charta, fol. 137. and 37. called confirmatio Chartarum; It is provided, That if any judgement be given against any points of this great Charter, or the Charter of the Forest by any justices of the King, or other his Ministers, it shall be undone and holden for nought, and by the statute of 42. E. 3. cap. 1. all Statutes made against Magna Charta are repealed. True it is, we find that 11. H. 7. c. 3. by the practices of Empson, and Dudley; there was a statute made in the face of this great Charter, whereby many exactions and oppressions were put in practice upon the free subjects of England, to their great trouble and vexation: but 
Oh! for the like justice now, and if it were not? what would become of all our Ship-money, Judges, monopolising Pattentee, Merchants, and arbitrary Committee-men.  we find withal, that they were hanged that put it in execution, and in the 1. H. 8. c. 6. That illegal Statute of 11. H. 7. was repealed, and made void, and the cause specified to be, because it was against this Great Charter, and the law of the Land, but to put all out of doubt. These clauses of the Great Charter, which we have discoursed upon hitherto, are all confirmed by the Petition of Right, in the 3. year of this King.  
Now for remedy against any man that will infringe this Charter to the injury of any freeman that ought to have benefit of it; the party grieved may have an Action upon the great Charter against the party offending, as was brought against the Prior of Oswin, P. 2. H. 8. Rot. 538. in Banco Regis; and we find in the Register-Book of witnesses, fol. 64. a Writ directed to the Sheriff, Adcapiend: impugnatores Juris Regis & ad ducendum eos, ad Gaolam de Newgate, to apprehend the opposers of the King's Charter, and to bring them to the Goal of Newgate: or the party grieved may indict the Offender at the King's Suit, for going contra formam Magnae Chartae, whereof we find a Precedent in Sheffields' case, Pasch. 3. H. 8. B. R. Or the party grieved may bring his Writ, de Odio & Astutia, de homine Replegiando, or Habeas Corpus, as appears by the Register, f. 77. and by the Statute of Wesim. 2. c. 29. and by the Statute of Glouc. c. 9 as his case shall require.  
Having thus dissected the several branches of this Great Charter, which most eminently concern our public liberty, the birthright of the free born subjects of England, and stated the question thereof. We will now with all due regard to the house of Peers, examine that judgement or sentece pronounced against that impregnable Bulwark of the common-liberty, Lieutenant Col. John Lilburn, and the proceed leading thereunto, by the Rules of this lawful judgement or law of the land, mentioned in the great Charter (professing, that as we will be tender, not willing to derogate at all from any lawful power, jurisdiction, or privilege of that honourable house; so we will be as careful in preserving and maintaining our liberties) swerving neither on the one side, nor on the other, from the true narrative of the fact, nor the literal declaration of the order, & sentence, as it hath been represented unto us.  
And first we shall show, out of what fountain; all the troubles of this worthy Gentleman have sprung, (which is no other than from his fidelity, and love to his Country) they have been all occasioned by his prosecution of Col. Edw. King, upon certain Articles exhibited against this Colonel, to the honourable house of Commons, in Aug. 1644. which yet hang there undetermined, and which charge the said Colonel with disloyalty infidelity, treachery, and breach of trust to the Parliament, to whom he was a sworn servant, and entertained in their pay. To prevent this Gentleman's prosecution; Col. King did by undue means cause him to be imprisoned, July 19 1645. where being removed to Newgate, he remained till the 14. of March 1645. upon which day, upon Mr. Recorders motion in the house of Commons, he was enlarged, there, being nothing objected against him, and was by Col. King afterwards caused to be arrested, April 14. 1646. as he was going to prosecute and pursue this Colonel for the Public good, and for matters contained in those Articles, and to follow his other business, depending in Parliament: For, Interest Reipublice, ut puniantur rei, ne per omissionem unius, multi atrociora perpetrent slagitia, as Cicero saith.  
It is profitable for the Commonwealth, that guilty persons be punished, least by omission of the punishment of one; many men by that ill example may be encouraged to commit more heinous offences.  
This Arrest was illegal, and a breach of privilege of Parliament to the house of Commons, who were originally possessed, of the Cause: for, all suitors in any Court of Justice at Westrn. aught to have the protection and privilege of that Court, where they sue against any that shall arrest them in any other Court for the same matters, Eundo, morando, & rediendo, which is, going thither, staying there, & returning homeward from their prosecution; as by 27. H 6. Fitzh. pr. 4. and divers other Books appears; and being put to plead by this unjust provocation to that action, he wrote that letter or book to Mr. Justice Reeve, the 6. of June, 1646. whereat the great offence is taken, and upon which his grand charge was grounded, the proceeding was very quick; for the 10. of june there was a Warrant directed to the Gentleman-Usher attending the Lord's house, or his Deputy, from the Lords, to summon him to appear before their Lordships: the next day being the 11. he was summoned, and the same day he appeared before the Lords Bar; and being brought to the Bar, was asked, whether he wrote that letter or book to justice Reeve: (here is an examination, ore tenus, not usual in Parliament, but frequent in Star-Chamber,) and being earnestly pressed in it; the same 11. day of june; he delivered in a paper, containing his plea and defence; whereupon the same day he was committed by their Lordship's prisoner to Newgate, for delivering in his plea and defence, which they in their Warrant call a scandalous and contemptuous paper, being in truth but a recital and declaration of the Laws & Statutes of England that made for his defence, and a declaratory of the liberties of all the Commons of England, which by law they ought to enjoy, and by nature is their proper and free birthright; and the 16. of the same month he presented his Petition to the honourable house of Commons, against their Lordship's proceed, being in the nature of an Appeal to the Commons; as his proper and only judges.  
The 22. of June, the Lords sent an Order to the Keeper of Newgate, to bring Mr. Lilburn again to their Bar the next day; & because he refused to kneel at their Bar, was the next day being the 23. of June committed close prisoner to Newgate, and not permitted to have Pen, Ink, or Paper, and none to have access to him in any kind but only his Keeper, until that Court should take further order.  
Where he remained in this condition till the Tenth day of july, 1646. which day, Sergeant Nathaniel Finch delivered into the said house of Lords, certain Articles, with certain Books and Papers annexed against the said Lieutenant-Colonel JOHN LILBURN: which you have word for word here printed. July the tenth, 1646. The Charge against Lieutenant-Colonel JOHN LILBURN, as followeth:  

ARTICLES, Exhibited before the Lords in Parlia-ment assembled, by Nathanael Finch, Knight, and one of his Majesty's Sergeant's at Law, against Lieu. Colonel John Lilburne, for high Crimes and Misdemeanours done and committed by him.  

I.  
Whereas the Right Honourable, Edward, Earl of Manchester, by the space of divers years last passed, hath been, and yet is, one of the Peers of this Realm: And where as the said Earl was, by Ordinance of Parliament, appointed General of divers Forces raised by the Parliament; the said john Lilburne, intending to scandalise and dishonour the said Earl, and to raise discord between the said Earl, and other the subjects of this Realm: He, the said john Lilburne, in a certain Book hereunto annexed, and by him contrived, and caused to be printed and published, entitled, The just Man's justification: Or, A Lettnr by way of Plea in Bar; hath falsely and scandalously, in certain Passages of the said Book, affirmed and published, concerning the said Earl of Manchester, and his demeanour in his said Office and Employment: And touching the complaint by the said Lilburn alleged to be made by him, and others, to the said Earl, relating to the said Earl, as followeth, Pa. 2. I complained to the Earl of Manchester thereof, being both his General and mine. And at the same time divers Gentlemen of the Committee of Lincoln, as Mr, Archer, etc. having Articles of a very high nature against him; pressed my Lord (meaning the said Earl) to a trial of him at a Council of war: And at the very same time, the Major, Aldermen, and Town-Clerk of Boston, came to Lincoln to my Lord (meaning the said Earl) with Articles of a superlative nature against King their Governor; but could not get my Lord (meaning the said Earl) to let us enjoy justice at a Council of War, according to all our expectations, & as of right we ought to have had; which at present saved his head upon his shoulders. And page 8. and 9 of that Book did affirm these words, viz, We could not at all prevail: the reason of which I am not able to render; unless it were, that his two Chaplains, Lee and Garter, prevailed with the Earl, (meaning the said Earl of Manchesters' two Chaplains, Ash and Goode, to cast a Clergie-mist over their Lords (meaning the said Earls) eyes, that he should not be able to see any deformity in Colonel King.   

II.  
THe said john Lilbure within three month's last passed, in a certain book by him contrived, and caused to be printed and published hereunto annexed, entitled, The Freeman's Freedom vindicated: or, A true Relation of the cause and manner of Lieu. Colonel john lilburn's present imprisonment in Newgate, being thereunto arbitrarily and illegally committed by the House of Peers, June 11. 1646. for his delivering in at their open Bar under his hand and seal, his Protestation against their encroaching upon the common liberties of all the Commons of England, in endeavouring to try him, a Commoner of England, in a criminal cause, contrary to the express tenor and form of the 29 chapter of the great Charter of England. And for making his legal and just appeal to his competent, proper, and legal Tryers, and Judges, the Commons of England in Parliament assembled; did falsely and scandalously, in the eighth page of that Book, publish and affirm concerning the said Earl of Manchester, these false and scandalous words: I clearly perceive the hand of joab to be in this, namely, my old backfriend the Earl of Manchester; the fountain (as I conceive) of all my present troubles; who would have hanged me for taking a Castle from the Cavaliers in Yorkshire; but is so closely glued in in interest to that party, that he protected from justice, Colonel King, one of his own Officers, for his good service in treacherously delivering or betraying Crowland to the Cavaliers, and never called, nor (that I could hear) desired to call to account his Officer, or Officers, that basely, cowardly, and treacherously betrayed and delivered Lincoln last up to the enemy, without striking one stroke, or staying till so much as a Troop of Horse, or a Trumpeter came to demand it: His Lordship's head hath stood, it seems, too long upon his shoulders, that makes him he cannot be quiet, till Lieu. General Cromwel's charge against him, fully proved in the House of Commons, be revived: which is of as high a nature, I believe, as ever any charge given in there: The Epitome of which I have by me; and his Lordship may live shortly to see it in print, by my means. And the said john Lilburne in the Book and page last mentioned, in scandal and dishonour to Henry, Earl of Stamford, a Peer of this Kingdom, and late a Commander of Forces of the Parliament, maketh this scandalous expression concerning the said Earl of Stamford, viz. And for my Lord of Stamford at present; I desire him to remember but one Article made at the delivery of Exeter; which, it may be, may in time cool his furious endeavour to inflame the free people of England.   

III.  
Whereas the said john Lilburne, upon the 10. day of june last passed, by virtue of the Order of the Peers assembled in this present Parliament; was brought to the Bar of the House of Peers, then sitting in Parliament; to answer concerning the said Book, in the said first Article mentioned: the said john Lilburne falsely and maliciously intending to scandalise and dishonour the Peers assembled in Parliament, and their just rights and authorities; did then and there in contempt of the said House of Peers, at the open Bar of the said House, the Peers then sitting in the said House in Parliament; openly deliver a certain paper hereunto annexed under his hand and seal, entitled, The Protestation, Plea, and Defence of Lieu. Colonel John Lilburne, given to the Lords at their Bar, the 11. of June 1646. with his appeal to his competent, proper and legal Tryers and Judges, the Commons of England assembled in Parliament: (which paper is hereunto annexed,) and since caused the same to be printed and published. In which paper, among other scandals therein contained, he published and affirmed, concerning the Lords in Parliament, these words following, Viz. Therefore, my Lords, you being (as you are) called Peers, merely made by prerogative, and never entrusted of improved by the Commons of England. And in another place thereof concerning their Lordships, and their proceed in Parliament; did protest and publish these words following: I do here at your open Bar, protest against all your present proceed with me in this pretended criminal cause; as unjust, and against the tenor and form of the great Charter: which all you have sworn inviolably to observe, and caused the Commons of England to do the same: And therefore, my Lords, I do hereby declare, and am resolved, as in duty bound to God, myself, country, and posterity; to maintain my legal liberties to the last drop of my blood, against all opposers whatsoever; having so often in the field, etc. adventured my life therefore: and do from you and your Bar, as incroachers, and usurping Judges, appeal to the Bar and Tribunal of my competent, proper, and legal Tryers and Judges, the Commons of England assembled in Parliament. And in pursuance of his said malicious and illegal practice; did afterwards contrive and publish a scandalous and libellous letter hereunto likewise annexed, directed to Mr. Wollaston, Keeper of Newgate, or his Deputy: wherein (among other things) he hath caused to be inserted and published these words concerning the Peers in Parliament, viz. Their Lordship's sitting by virtue of Prerogative-patents, and not by election or consent of the people; have (as Magna Charta, and other good laws of the Land tell me) nothing to do to try me, or any Commoner whatsoever, in any criminal cause, either for life, limb, liberty, or estate: But contrary hereunto as incroachers and usurpers upon my freedoms and liberties; they lately and illegally endeavoured to try me (a Commoner) at their Bar. For which I under my hand and seal, protested to their faces against them as violent and illegal incroachers upon the Rights and Liberties of me, and all the Commons of England, (a copy of which, etc. I herewith in print send you. And at their Bar I openly appealed to my competent, proper, legal Tryers, and Judges, the Commons of England assembled in Parliament. For which, their Lordships did illegally, arbitrarily, and tyrannically commit me to prison into your custody, Which Protestation, and Papers, and matters therein contained, do falsely, and scandalously, and maliciously, charge the Peers in Parliament, with tyranny, usurpation, perjury, injustice, and breach of the great trust in them reposed; and are a high breach of the Privileges of Parliament. And are high offences against the Laws and Statutes of this Kingdom, and do tend to the great scandal of the said Peers, and the authority with which they are entrusted, & to stir up differences between the said Peers, and other the Subjects of this Realm.  
Natha. Finch.    
Upon which Articles, he refusing to hear them read, as concerning their proceed against him to be illegal, and that as a Commoner of England, they had no jurisdiction over him, they proceeded to sentence him, as followeth:  

july 10. 1646.  
IT is to be remembered, that the 10. day of july, in the 22. Year of the Reign of our Sovereign Lord King Charles, Sir Nath. Finch Knight, His Majesty's Sergeant at Law, did deliver in before the Lords assembled in Parliament at Westminster, certain Articles against lieutenant-colonel john Lilburn, for high Crimes and Misdemeanours, done, and committed by him; together with certain Books and Papers thereunto annexed: Which Articles, and the said Books and Papers thereunto annexed, are filled among the Records of Parliament; The tenor of which Articles followeth in these words.  
Which Articles being by the command of the Lords, then, and there assembled in Parliament, read; It was then, and there, that is to say, the said 10. day of July, by their Lordships ordered, That the said John Lilburn be brought to the Bar of this House, the 11. day of the said July, to answer the said Articles; That thereupon their Lordships might proceed therein, according as to Justice should appertain.  
At which day aforesaid, the 11. day of July, Anno Dom. 1646. the said John Lilburn according to the said Order, was brought before the Peers then assembled, and sitting in Parliament; to answer the said Articles; And the said John Lilburn being thereupon required by the said Peers in Parliament, to kneel at the Bar of the said house, as is used in such Cases, and to hear his said Charge read; to the end, that he might be enabled to make defence thereunto;  
The said John Lilburn in contempt and scorn of the said high Court, did not only refuse to kneel at the said Bar; but did also, in a contemptuous manner, then, and there, at the open Bar of the said House, openly and contemptuously, refuse to hear the said Articles read, and used divers contemptuous words in high derogation of the Justice, Dignity, and Power of the said Court: And the said Charge being nevertheless, then, and there read, the said John Lilburn was then and there by the said Lords assembled in Parliament, demanded what Answer or Defence he would make thereunto; the said john Lilburn persisting in his obstinate and contemptuous behaviour, did peremptorily, and absolutely refuse to make any Defence or Answer to the said Articles, and did then, and there, in high contempt of the said Court, and of the Peers there assembled, at the open Bar of the said House of Peers, affirm, that they were Usurpers, and unrighteous Judges; and that he would not answer the said Articles, and used divers other insolent and contemptuous speeches against their Lordships, and that high Court.  
Whereupon the Lords assembled in Parliament, taking into their serious consideration the said contemptuous carriage and words of the said John Lilburn, to the great affront, and contempt of this high and honourable Court, and the Justice, Authority, and Dignity thereof;  
It is therefore this present 11. day of july, ordered and adjudged by the Lords assembled in Parliament;  
That the said john Lilburn be Fined; And the said john Lilburn by the Lords assembled in PARLIAMENT, for his said contempt, is Fined to the King's Majesty, in the sum of two thousand pounds.  
And it is further ordered and adjudged by the said Lords assembled in Parliament,  
That the said john Lilburn for his said contempts be, and stand committed to the Tower of London, during the pleasure of the said House.  
And further, the said Lords assembled in Parliament, taking into consideration the said contemptuous refusal of the said john Lilburn, to make any Defence or Answer to the said Articles; did declare,  
That the said john Lilburn ought not thereby to escape the Justice of the House; But the said Articles, and the Offences thereby charged to have been committed by the said john Lilburn, ought thereupon to be taken as confessed.  
Wherefore the Lords assembled in Parliament, taking the premises into consideration; and for that it appears by the said Articles,  
That the said john Lilburn hath not only maliciously published several scandalous, and libellous passages of a very high nature, against the Peers of Parliament, therein particularly named, and against the Peerage of this Realm in general, But contrived, and contemptuously published, and openly, at the Bar of the House delivered certain scandalous Papers, to the high contempt and scandal, of the Dignity, Power, and Authority of this House.  
All which offences, by the peremptory refusal of the said john Lilburn, to answer, or make any Defence to the said Articles, stands confessed by the said Lilburn, as they are in the said Articles charged;  
It is therefore, the said Day and Year last , further ordered and adjudged by the Lords assembled in Parliament, upon the whole matter in the said Articles contained;  
I. That the said john Lilburn be Fined to the King's Majesty in the sum of two thousand pounds.  
II. And that he stand, and be imprisoned in the Tower of London by the space of 7. years, now next ensuing.  
III. And further, that he the said john Lilburn from henceforth stand and be uncapable to bear any Office or Place, in Military, or in civil-government, in Church or Commonwealth, during his life.  

Die Sabbathi 11. Julii 1646.  
ORdered by the Lords in Parliament; That john Lilburn being sentenced by this House, (shall for his high Contempt and Misdemeanours done to this High Court) according to the said Sentence stand committed to the Tower of London, for the space of 7. Years, next after the date hereof; And that the Lieutenant of the said Tower of London, his Deputy, or Deputies, are to keep him in safe custody accordingly. And that he doth take care, that the said Lilburn do neither contrive, publish, or spread any seditious or libellous Pamphlets, against both, or either of the Houses of Parliament.  
To the Lieutenant of the Tower of London, his Deputy, or Deputies.    
And because this Sentence was conceived not to be severe enough by the Lieutenant of the Tower, he did procure an Order, dated Die Mercurii 15. Julii, 1646. which follows in these words.  

Die Mercurii 15. julii, 1646.  
ORdered by the Lords in Parliament assembled, That none shall speak with John Lilburn, now a prisoner in the Tower of London, but in the presence and hearing of his Keeper, And that when he shall desire to take the Air within the Tower, his Keeper shall constantly go with him, forth, and back, and stay with him, till he return to his Lodging; and that if his wife desire to come to him, she shall reside with him, and not go in, and out, during his imprisonment in the said Tower. And lastly, it is Ordered, That this restraint of speaking with the said Lilburn shall be taken off, when he shall give good Bail to this House not to contrive, writ, or publish any scandalous, or libellous Pamphlets, or Papers, against both, or either of the Houses of Parliament.   

Die Mercurii 16. Septem. 1646.  
IT is this day Ordered by the Lords in Parliament assembled, That the Lieutenaut of the Tower of London, his Deputy, and all others employed him, shall permit and suffer the wife of lieutenant-colonel john Lilburn, to come to him, and reside with him, when, and as often, as he shall desire, any former Order of this House notwithstanding.  
john Brown, Cler. Parliamentorum.   
We will not say their Lordships are unjust in this Sentence; yet we hope it shall not be accounted scandal to them, if we say, and make it appear, that they have erred therein, both in manner of proceeding, and in substance of matter, or point of jurisdiction, both of the person and cause; for we do presume, that their Lordships will not presume an infallibility of Judgement, it being a quality incompatible to, or with any sublunary creatures; and we find by our books of 21. E. 3. f 46. that a Parliament may, and hath erred.  
And first, we shall declare their Lordship's error, in their manner of proceeding against this worthy Patriot; wherein we shall observe, That the 10. of june, he was summoned to attend their Lordships in their house: The 11. of june he appeared, and was then committed by their Lordships to Newgate. The 16. of the same month he appealed to the Right Honourable House of Commons. The 22. their Lordships sent to the Keeper of Newgate, to bring him to their Bar; And thereupon the 43 day, he was committed close prisoner to Newgate, being brought by the Keeper of Newgate, where he remained close prisoner till the 16, of july: At which time, his Charge was brought into the Lord's House, and not before. Wherein, we are first to note, that he was summoned and committed a month before his Charge brought in, and after his appeal, and for that cause, made close prisoner 18. days before any Charge recorded against him;  
All which proceed, are erroneous, and principally in these two points.  
First, because he was summoned, before his Charge was recorded: for, regularly, both in Law and Equity, the Declaration or Bill ought to be filled or recorded, before any Writ or Process ought to issue against the Defendant or Party accused, either in civil or criminal causes; and the Writor Process ought to contain the matter of the Declaration or Bill, as in a Writ of Right. These words, Quid clamat tenere, import a Count, or Declaration recorded; so a Writ of Warrantia Diei, contains the substance of the Count, in a Monstraverunt, the Plaintiffs title is set forth by the Writ: Nay, in every Writ at Common-Law, the Writ doth by these words, ut dicitur, or by some other Emphatical word contained in the body of the Writ import, that a Declaration or Count is filled, registered, or recorded, before the Writ doth issue; and this appears clearly in every Writ, set forth by the Register, and Fitzherberts' Natura brevium; Nay, every English Bill either in Chancery, Exchequer, or Star-Chamber, doth pray, that Process of Subpoena, be awarded against the Defendant, which proves, that process ought not to be awarded against any man out of any Court till his charge be recorded against him in the same Court.  
If this was so in the Justice of the Star-Chamber in criminal causes, we hope their Lordships will not condemn it, as an Injustice in themselves, to follow the same Rules of Right, Reason, Law, and Equity.  
Secondly, their Lordship's proceed against him, after his Appeal made to the honourable house of Commons, were void in Law; for by the Appeal to the proper jurisdiction, the Lords were outed of their jurisdiction, or Connusans of the Plea, (sublata causa tollitur effectus) the Cause being removed by the Appeal, their judgement thereby was determined, or at least suspended, being but the effect of the cause before them, till such time as the Appeal is determined, the Appeal being a supersedas to their Lordships further legal proceed in the same cause, and wherein they ought not to have proceeded without the privity, licence, and direction of the house of Commons; and therefore all their proceed since Mr. lilburn's Ap. peal presented to, and accepted by the house of Commons, are Coram non judice, and therefore void and erroneous.  
We shall not deny the Lords house to be a Court of Justice, and that of Record too, and of the highest degree in the Kingdom, co-operating with the honourablt House of Commons: but when they are distinct, and apart in their several operations and judgements; we do conceive, that they neither have a legislative nor unlimited power of judicature in themselves; neither can they proceed to determine any thing out of the way of the known Laws, by any arbitrary, or discretionary Rules, where there is a known Law in the case.  
Sir Edw Cook doth well set forth the distinct powers of Judicatures of both houses, in his 4. part of Institutes, p. 23.  
It is to be known, saith he, that the Lords in their house, have power of Judicature, and both Houses together have power of judicature, which is thus to be understood, That the Lords have power of judicature over their Members alone, viz. their Peers, the Nobility of England that sit in the Lord's House.  
The Commons have power of judicature over all the Commons of England, by themselves alone; and the Lords and Commons joining have power of judicature over both Peers Lords, and Commons.  
That this is true, is manifest by the Lord Dacres case, p. 26, H. 8. reported by justice Spilman, where it was resolved, that a Nobleman of Parliament, cannot wave his trial by his Peers, and put himself upon the trial of the Country: for by the Statute of Magna Charta, c. 29 every man is to be tried, per legale judicium parium suorum, by the lawful judgement of his Peers; which Statute, gives the Lords of Parliament a jurisdiction over their Peers, which cannot be taken from them; and as the Lords have a jurisdiction over their Peers; so have the Commons over their Peers, viz. all the Commons of England: for, as Sir Edw Cook 2. part. of his Institutes, pag. 29. in his Comment upon Magna Charta c. 14. observes, that the general division of persons, by the Law of England, is either into the Nobility of the Peerage, (or Lords, house) or the Commons of the Realm: for as every of the Nobles is a Peer to each other, though they have several Names of Dignity, as Dukes, Marquess', Earls, Viscounts, and Barons; so of the Commons of the Realm, each Commoner is a Peer or Equal to another, though they be of several Degrees, as Knights, Esquites, Citizens, Gentlemen, Yeomen, and Rurgesses: and this distinction we find likewise in Bracton, c. 2. sol. 36. and both these Jurisdictions do belong to both Houses, naturali equitate, by a natural right or equity, as hereafter more plainly will be demonstrated: and according to this Jurisdiction, have the Commons themselves given judgement upon a Commoner, as in the case of Thomas Long, cited by Sir Edward Cook, ubi supra, p. 23. and recorded in the Journal Book of the House of Commons, 8. Eliz. Onslow Speaker, f. 19 and in the case of Arthur Hall, 23 Eliz. f. 14. Popham, Attorney General, Speaker, and divers others.  
Now, that the Lords and Commons have a joint Jurisdiction, or power of Judicature over both Lords and Commons, is manifest by the Judgements given against the Lord Audley, at the Parliament held at York, Anno 12. 22 Consideratum est per Praelatos, Comites Barones & communitatem Angliae, and in 15. E. 2. the Judgement given against the Spencers, both Earls, Hugh the Father, and Hugh the Son, who were adjudged to exile, by the Lords and Commons, and Sir John Alees adjudged by the Lords and Commons, as appears 42. E. 3. Nu. 20. Rot, Parl. and of late time in the cases of Sir Giles Mompesson, the Lord Viscount of St. Alban, and the Earl of Middlesex, in 18. & 21. jacob. Regis: In all which Judgements the King's consent was concurrent, which gave those Judgements life and efficacy.  
Having thus distinguished, the several and joint Jurisdiction of both Houses; it will be necessary to show whence these have sprung, and how they are grown. It appears by the old Treatise, de modo tenendi Parliamentum, which was made before the Conquest, and presented to the Conqueror, who held a Parliament in that form, as appears by the book of 21. E. 3. f. 60. That both Houses of Parliament sat together, and were but in effect one House, and so continued long after the Conquest, till 5. and 6. E. 3. as appears by the Parliament Rolls of 5. E. 3. Nu. 3. and 6. E. 3. and by the 4. part of Sir Edward Cooks Instit. p. 2. and as may be gathered by the Preamble to the Statute of Marlebridge, made 52. H. 3. Westm. the first, 3. E. 1. Westm. 2. 13, E. 1, the Statute of York, made 12. E. 2. and others, which mention, that the Prelates, Earls, Barons, and Commonalty of the Realm were called together (whereby we may infer, that they sat as one House) to consult of the weighty affairs of this Kingdom; from whence, we collect, that the Lords had whilst they sat as one House, no particular jurisdiction, nor the Commons any to themselves alone, but their jurisdiction was joint, being mixed of both their powers, and communicative to all alike of both Kingdoms; and this appears clearly, by the case of the Lord Audley, 12. E. 2. and the cause of the Spencers, 15. E. 2. afore cited, and by the case of Nicholas Segrave, adjudged in Parliament, as appears Placit: Parliament, 33. E. 1. Rot. 33. per Praelatos, Comites, Barones, & alios de consilio, by the Prelates, Earls, Barons, and others of the Council, that is, the Parliament; and more plainly by that: spoken by Sir Edward Cook 2 part of his Instit. p. 50. And though of ancient time (saith he) the Lords and Peers of the Realm used in Parliament to give judgement, in case of Treason and Felony, against those that were no Lords of Parliament;  
Yet at the suit of the Lords, it was enacted; that albeit the Lords and Peers of the Realm, as Judges of the Parliament, in the presence of the King, had taken upon them to give judgement in case of Treason and Felony, of such as were not Peers of the Realm, that hereafter no Peers shall be driven to give judgement on any others, then on their Peers according to the Law.  
And he citys Rot. Parl. 4. E. 3. Nu. 6. to maintain this assertion of his.  
But to conclude more strongly, we find it recorded in 4. E. 3. Rot. 2. and enrolled in Chancery, in the cause of Sir Simon de Berisford, who was adjudged as an accessary to Roger Mortimer of the murder of King Ed: 2. in these very words, viz.  
And it is assented, and agreed by our Lord the King, and all the Grandees in full Parliament; that albeit the said Peers, as Judges of Parliament took upon them in the presence of our Lord the King, to make and give the said judgement, by the assent of the King, upon some of them which were not their Peers, and that by reason of the murder of their liege Lord, and the destruction of him which was so near of the Blood-royal, and Son of a King; that therefore the said Peers which now are, or the Peers which shall be for the time to come; be not bound or charged to give judgement upon others, then upon their Peers, nor shall do it: (But let the Peers of the land have power) but of that forever they be discharged and acquitted, and that the aforesaid judgement now given be not drawn into example, or consequence for the time to come; by which the said Peers may be charged hereafter to judge others than their Peers against the Law of the Land, if any such case happen (which God defend.)  
All which  precedents and judgements were made and given before the separation of the two Houses & whilst they sat together.  
Out of which, we collect and gather, that the Lords had no particular jurisdiction to themselves, or of themselves, before the division & separation of the Pouses; and that it was against the Law of the Land, for the Peers before this separation, to judge a Commoner in any case whatsoever: Nay, that their hands are bound by their assent, never to judge any in future, which Sir Ed: Cork saith, was enacted:  
So that joining the one consideration with the other, it is most clear, that the Peers at this day cannot judge a Commoner; no, not if the King join with them; especially, in case of life, or freehold, for in the book of 4 H. 7. f. 10. Be tit. Parl. 42. We find that in Parliament, the King would that I. S. should be attainted, and lose his Land, and the Lords did agree, and nothing was spoken of the Commons; and this by all the Judges was held no good attainder or judgement, and therefore he was restored to his Lands: for there can be no attainder by Parliament, but by Act of Parliament, that is, by judgement of both Houses, and consent of the King: for the King, as Sir Edward Cook saith, is of the Parliament, caput principium, & finis, the head, the beginning, and the end.  
But some will say, that the Lords have a Judicature apart from the Commons, which they have long used: It is true, they have, and it is only in some particular cases, and their power is given them by Act of Parliament, by the stature of 14. E. 3. c. 5. in case of delay of Justice, difficulty of judgement, or cases of errors, and is confirmed unto them by the stature of 25. El. c. 8. and 31. El. c. 1.  
But we cannot find by any of our books in Law, and we are confident, no man can show us, that the Lords by themselves apart or without the assistance, and without judgement of the Commons, did hold plea in any of those cases; before that statute of 14. E. 3. For the first cases that we find of any proceed in those cases before the Lords, were in 16. E. 3. Fitzh. tit. brief, 561. and in 24. E. 3. f. 46. 22. E. 3. Fitz. error 8. and other books; out of which good notes may be drawn to fortify our assertions withal, if need in so plain a case did require: By all which cases and precedents, we may assuredly conclude. That the Lords in their House have no jurisdiction over the Commons in any other cases, then delay of Justice, difficulty of Judgement, or matter of Error, as aforesaid.  
And this is agreeable to the statute of 25. E. 3. c. 4. Where it is accorded, assented, and established, that from henceforth, none shall be taken by petition, or suggestion, made to our Lord the King, or to his Council; unless it be by indictment, or presentment of his good and lawful people of the same neighbourhood, or by process made by Writ original at the common-law, and to the other statutes , and binds the House of Peers, as well as any other Court of Judicature at Westminster, as they are of the King's Council, and sit by virtue of the Kings writ and Commission, as they have often by their own Declarations manifested.  
If it be objected, that their Lordships being a Court of Judicature, are only to proceed, secundum legem & consuetudinem Parliamenti, according to the Law and Custom of the Parliament.  
We answer, that we grant that it must be secundum legem, according to law, which is, according to the Great Charter, and the laws before cited; and as touching the custom of Parliament; we say that the Lords house cannot have any pretence by custom to judge a Commoner of England, since that it appears by the precedents : namely, Sir Simon de Berisfords' case which was 4. E. 3. and by that of the same date, cited out of Sir Edward Cook, that before the division of the Houses, it was enacted, and assented, that the Peers for the time to come, should not judge a Commoner; as being against Law, as aforesaid: And therefore, that Custom being against Law, and prohibited by Act of Parliament, must needs be void in Law: For no Custom that is against Law or an Act of Parliament, is valid in Law: Neither can they have any good Custom by usage of such power, since the division of th', Houses, though they have actually judged Commoners, it being within time of memory since the Houses were divided: that is to say, since the time of King Richard the first, which is the limitation of prescriptions; and since which time, no good custom can be grounded, the contrary appearing by matter of Record, as aforesaid.  
And albeit, they have judged Commoners; it makes not for them; for, a facto ad jus non valer argumentum, because they have done it in fact; therefore, they may now do it of right, follows not: For, if those Commoners that were judged by them, did not stand upon their privilege, nor demand an exemption from the judgement of the Lords, they did only lose to themselves the particular benefit of Appeal: for, vigilantibus, & non dormientibus jura subveniunt: the laws only assist those that claim the benefit of them, & not those that pray not in aid of them: and such precedents ought not to be cited, in prejudice of others that are more watchful over their liberties.  
But we have another objestion made, that there is matter of scandal against a Peer of that House, contained in Mr. Lilburres Charge, and therefore fit to be examined there,  
We acknowledge the Earl of Manchester to be a person of great honour, and will not blemish him, as he stands unheard, with a supposition of his being guilty: But nevertheless, we conceive that it would not have lessened his honour, to have preferred some Information in the King's Bench, or brought some Action at Common-Law upon some of the statutes, de scandalis magnatum, for the supposed slander contained in the books, written by Mr. Lilburn, whereunto Mr. Lilburn might have pleaded his lawful plea, either by may of justification, or denial, as his case would require him: In both which cases Mr. Lilburn should have been tried by a Jury of 12 honest men, Commoners, his equals: and my Lord have avoided any suspicion of being partial in his own cause, as it is said in the book of 8. H. 6. f. 14. Br. Co●●sans, 27. of the Chancellor of Oxford, or that he went about by this so sudden and summary proceeding to hinder or forestall the evidence that might be against him in his own cause, and Mr. Lilburn had had a legal way for his defence: for if he had justified the supposed scandal, and proved it, it had been no scandal, & the Jury must have acquitted him, if he had pleaded not guilty: and for the words proved against him, he must have paid damage to the Earl, as the Jury should have assessed. And this had been, and is the only way of trial in such a case, and is according to the statute of Magna Charta, and the Law of the Land; and it is a Maxim in Law, That where remedy may be had by an ordinary course in Law, the party grieved shall never have his recourse to extraordinaries.  
Therefore, if a man should say of the Lord Chancellor, or Lord Keeper of the Great Seal, that he was a corrupt Judge, and that he gave a corrupt judgement in such a Cause depending before him, upon an English Bill in Chancery; The Lord Chancellor, or Lord Keeper's remedy against that person for this scandal; is upon these statutes, and not by an English Bill in Chancery before himself, to be proved only by witnesses, or (the Parliament sitting) by the Parliament, and not by a Jury, being matter of Fact, tryable by the course of the common-law: Neither do we conceive, that this scandal reflects upon that noble Earl (●f it be so) as he is a Member of the Lords house but as a General of an Army, which employment, he had as well from the Commons, as the Lords, and the rather, since one of the Commons is as capable, as a Peer of the Lords house, of such a Command.  
Therefore, we conclude, as to the matter and manner of proceeding this sentence upon the lieutenant-colonel, may be taken to be erroneous, both concerning the nature of the cause, and the jurisdiction of the Court; in respect of the Defnedants privilege; not to be judged by the Lord's House, being a Commoner of England; unless the Commons had first enquired of the offence, and had transmitted it to the Lords House, upon a vote made in their House, by information or impeachment; together, with the proofs taken by them in the Cause; but especially, after an Appeal made to the House of Commons, as his proper Judges:  
But we meet with another objection, which is; that part of this sentence, is for words and contempts acted after his summons to the Lords House, and at his appearing there: one of which was, for not kneeling at the Lords Bar; for that we conceive, that if he through the tenderness of Conscience, not to offend God, by kneeling to any other power, did refuse to kneel at their Bar, (though it be a custom for those that are brought thither as Delinquents so to do: We cannot conceive that to be a contempt, but rather an obedience to him, 〈◊〉 he ought to obey rather than men. As touching the not hearing of his Charge read, it was after his Appeal, Plea, and Defence, delivered in: which if that were just, and now rest; to be determined by the honourable House of Commons, and by them so adjudged; there could be no contempt in that: And therefore, till his Appeal be determined, we conceive, that part of his Sentence might well have been spared: As touching the contemptuous words by him uttered, against the proceed of that honourable Court, though we cannot excuse it, a toto, yet a tanto, we may, in that they were rather words of heat proceeding from him, upon denial of his Plea and Defence, which was his appeal to the honourable House of Commons, as his proper Judges, and rather issuing from him, out of a sense of his conceived injury, than a spirit of calumny towards their Lordships: We are of opinion, that in that sense they might have produced a more mild sentence, then to have been his utter ruin; since by that sentence he is to have 7. year's imprisonment (the age of a man in the eye of the Law) and be made incapable of bearing any Office, Military or Civil, in the Army or Commonwealth, and to be fined 4000 l. which we think, is more than he is able to pay: whereas by the statute of Magna Charta, liber homo non amercietur, pro parvo delicto, nisi secundum modum illius delicti & pro magno delicto, secundum magnitudinem illius delicti, salvo sibi contenemento suo; If his offence were great; yet he ought to be amerced, so as his freehold & contenement, or countenance may be saved to him, and not to be disabled in his Calling, or lodged in the Tower, during his life, where he now remains.  
Having brought this indomitable Champion for our liberties, to the Tower of London, we will show you his entertainment there;  
He was brought by the Warders to the Lieutenant, alias dictus Col. Francis West, the Gaoler, or chief Keeper of the Prison of the Tower of London; for so his title is, in the capacity of receiving and keeping of the Prisoners committed to his charge; This Lieutenant or Gaoler after some pause upon reading of the Warrant of Commitment, sent him to lodge at a Warders house for his further punishment, where he is to pay near 20. s. a week for his lodging, providing himself diet; The Lieutenant forbade his Keeper to let any body at first to come to speak with him, and forgetting the rule of God's word, whom God hath joined together let no man separate or keep asunder, upon this pretence that by the Lord's sentence and his Warrant, he could not keep that worthy Patriot, from informing the people of their liberties, which the said Gaoler or Lieutenant called writing of scandalous books against the Lords, unless he kept his wife and his friends from him, notwithstanding that Lieutenant Colonel Lilburne offered to engage his word to the said Gaoler not to write any word-book, or letter, either of or concerning both, or either House of Parliament, or any thing else of public concernment, so he might have his wife and Children, and friends admitted to him, according to law and right, answer was thereupon made by the same Gaoler. That unless his wife would stay with him and remain with him as a close prisoner to be kept within the Tower, he could not permit her to come to him, to stay with him, or speak with him, but in the presence of his keeper, (the first time that ever we heard that the innocent wife was to be imprisoned and punished for the Husband's offence) having at that time no warrant to restrain either his wives or friends coming to him; but to colour such his illegal, uncharitable, and unchristianlike deal, he goes to the Lords, and procutes order from them as a superstructure upon the former sentence, to keep this worthy Gentleman's wife from him, and not to permit her to stay with him, or to speak with him but in the presence of his Keeper: O horrible and unheard of Cruelty, and barbarism, did not God make woman of man, that she might be an helper unto him meet for him, Gen. 1. 18. did not God ordain them to be one flesh, did not our blessed Saviour say, that God from the beginning had made them male, and female, and that after their marriage they are no more twain, but one flesh: doth he not command, and is it not an ordinance indispensable, That what God hath joined together, let no man put asunder, Matth. 19, 4, 5, 6. By what power or authority doth this Gaoler take upon him to dispense with, nay, to change the immutable laws of God our maker, and of our Saviour and Redeemer? If ye have faith in him, doth not our blessed Saviour tell the wicked Jews, when they tempted him with this questistion, Is it lawful for a man to put away his wife? THAT IT WAS NOT LAWFUL: And that Moses suffered the Jews through the hardness of their heart's, to put away their wives; But from the beginning it was not so? If this were hardness of heart for a man to put away his wife, though with her consent; how much more, and how much greater hardness of heart is it, that a woman, innocent and not charged at all with the offences of her husband that was created to be an helper to him, should, in the time of his imprisonment and affliction when he needs most help, either be kept from him in a conjugal way, or if she will abide with him, must be made partaker of his punishments, if they were justly imposed? which kind of condition was never imposed upon the wife of any man attainted or convicted of treason, felony, or murder. For, though a man is attainted of treason that hath a wife; their marriage is not thereby dissolved: neither can they be kept asunder. Therefore we may conclude, that this usage of this suffering Gentleman for the public liberty, is both against the Laws of God, Nature, and Man: Against the laws of God and Nature, as against the end of our creation: Against the Laws of Christ, as against his ordinances: Against the law of man, as it is against the law of God, Nature, and the law of the Land.  
And here we shall leave this worthy Gentleman suffering under this tyranny, and extreme oppression of this Gaoler, (who hath chosen rather to obey men then God;) who, if he be offended that we call him Gaoler; we are able to inform him, that a predecessor of his own, Sir Gervase Elvish, who was Lieutenant of the Tower, (tam amlpis modo & formae) as he now is, was indicted by the name of Gaoler of the Tower of London, and hanged upon Tower-Hill, for consenting to the poisoning of his prisoner Sir Thomas Overbury. Taking occasion upon this usage of this Gentleman, to declare unto you, as we have been credibly informed from persons of good quality; the politic government of the Guardian of this prison, and his Warders, for exacting money out of their prisoners.  
First then, when a prisoner comes new in, or that is committed thither, and not yet come; an Enquest is made by the Warders, what that prisoner is, what estate he hath, and whether he be like to pay well; and if he be, each man is a suitor to the Lieutenant, that he may have the keeping of him: Perhaps if he be a good Fat one indeed, a Bribe is given, or some Reward promised at least, to the Gentleman Goaler, (a new erected Office, and an intruded Officer, as we shall show hereafter) to procure the custody of that prisoner. If a Bribe or a Reward be not given; then the Lieutenant bestows the prisoner upon his Warders, as they are in favour with him: as the great Turk doth his Concubines upon his Pashas. And then the Warder is obliged to serve his prisoner for the Lieutenant's advantage; which he commonly doth by these courses: First, he is kept close prisoner for ten or twelve days, or more, not suffered by their good wills, to speak with any body but themselves, for fear lest they should be informed how to evade their snares. In which time, the Lieutenant tells the prisoner, that he hath placed him with an honest Keeper in his favour: And the Keeper tells him, that the Lieutenant is a very noble Gentleman, that he will desire nothing but what is due to him by the custom of the place: and brings him to a contract of five shillings a week, which he claims for his own fee for attendance upon him; and 20 shillings a week, or thereabouts, for his lodging, if he lodge in the Warders house; and of some, more; and some, less. When that is done, the Warders tell him, That there are fees due to the Lieutenant: and desire them to think of it to prepare their way to a further liberty. (being all this while kept in their Chambers.) Which, when they have contracted for, with their Warders, if they are lodged in their Warders or Keepers Houses; then they fall to work for the Lieutenant's fees: and the Lieutenant avows theirs; and so Mulus mulum scabit. This being done, the Lieutenant sends out his Beagles, of which, this Gentleman Goaler is always one, being his chief Earewigge, and of the Quorum too; he comes and tells the prisoner, There are fees due to the Lieutenant. If the prisoner asks, what is due; he will tell you, that there is 100 l. due for the admittance of an Earl, 80. l. for a Baron, 70. l. for a Knight and Baronet, 60. l. for a Baronet, 50. l. for a Knight, and 40. l. for an Esquire: and that there is 30. s. a week to be paid by every prisoner for liberty to buy and dress his own meat. Where you may observe, that here is not only an excise put upon the honour of persons of quality; but upon their mouths too, besides that which the States have put upon their meat: and that, it seems a preposterous course, that a m●n should be brought perforce to a prison, and against his will, and be enforced to pay for his admittance to a Goal, as to a Copyhold, or some other matter of benefit. If you will ask him how it appears these fees are due: his answer is, That Mr. Lieutenant is not so earnest of money, but that if the prisoner be not provided, he will stay for those fees till you can procure money. And by this means wring a promise out of the prisoner if he can: and if the prisoner give but the least hope of payment, though it looks not towards any undertaking to pay any of those fees; This Gentleman Goaler i● to affirm (and swear if need be) the prisoners promise. Shortly after the Lieutenant will (peradventure) send his Clerk to demand your fees and weekly payment of 30. s. which he calls by the name of Composition money. And if the prisoner stand upon it▪ that nothing is due: then he will tell you, You promised to pay, and therefore are bound to pay, if there were none due. But if you ask him, how long those Fees have been paid? He will tell you, Twenty one years; and that makes a prescription: whereby we learn, that 21. years make a Gaolers' Prescription. Quodnota benè. If you return him , than he brings you a thundering message, or perhaps, letters from his Master; wherein he tells you, If you will not pay the fees demanded, you must keep your chamber. And after that, if you walk but abroad out of you● chamber, hea'l threaten to set a Sentinel at your door (the first time that ever we read of 〈◊〉 Sentinel in the office of a Gaoler.) And afterwards (peradventure) if you pay him not; he comes in person to you, and tells you, He cannot live without money. If you ask him, how he proves it to be due, he will tell you, that he finds it by his Predecessors books, Sir John Conyers, and Sir Allen Apsleys: and this is Title enough to an extortion.  
These passages put us in mind of a Story that we have read in Rhamusio, of a great Desert in Tartary, called Lop, where are store of wild Beasts; amongst the rest, there is one that is like a Lion, but is not, and he hath always two small beasts, which are called Jackals, and are like Foxes, but are not Foxes. These Jackals, they follow the prey close at the heels, and hunt it till it be weary: The greater beast follows after grunting at a distance. When these Jackals have wearied the prey, this counterfeit Lion comes, and seizes upon it, and fills his panc, and leaves the rest to be devoured by the lesser Whippets; and between the one and the other, there is no harmless beast that is not wholly eaten up, being once seized on. Just so is the poor prisoners case. And we shall observe this further, that as the Devil, when he tempted our blessed Saviour, as you may read, Matth. 4. 6. could cite this part of the Scripture, Cast thyself down, for it is written, He shall give his Angels charge over thee: But concealed another part of the Scripture which made against his ends, to wit, It is written, Thou shalt not tempt the Lord thy God: So deals this Lieutenant, or Grand Gaoler, West, with his prisoners: for, all that makes against his title to his fees, he leaves out in his allegation to his prisoners: of which, that he may not plead ignorance hereafter; we shall tell him his pretended title to these fees. In the time of Sir Allen Apsley, much about 21. years since, when he was. Lieutenant of the Tower, there were divers prisoners in the Tower that were poor, and lay upon his hands for maintenance, of which he informed the then Lords of the privy Council, and petitioned that he might be allowed competency for their maintenance out of the King's Exchequer. The Lords (according to law) ordered that he should have 3. l. a week, with increase according to their qualities, allowed for each prisoner, to maintain them in diet, (for they being the King's prisoners, were by law to be maintained by the King.) Sir Allen Apsley having procured this order, and some of his Successors after him, did contract with some of the Warders, or Victuallers in the Tower, to diet those, sometimes at 30. s. per week, sometimes at 20. s. per week, sometimes at 35▪ s. a week, as they could agree; whereby Sir Allen Apsley put up into his purse 30. s. a week, or more or less, upon allowance of every prisoner, and had his full pay out of the King's Exchequer. This was entered into their Books, as a gain to them. And being grounded upon a Cheat, is now become a precedent of future extortion, being confirmed by a Gaolers' Prescription of 21. years. But we would have them know, that if every thing that hath been practised 21. years be lawful; they may as well go to Suiters-hill, and there take purses as to demand those fees. Besides, we desire them to take notice, that by this Parliament, the foundation of this pretended duty is taken away by that Act of Parliament which takes away the power of the Councell-boord.  
But we have done with the pretence of their fees: we now come to show, that this Office of Gentleman Goaler, is a new erected office, and a grievance to the subject, being created within time of memory: and consequently, no fees due to him, though he pretend to a fee of 50. s. at the prisoners going away, For this Officer, (one Yates) to tell the truth, is but the Lieutenant's man; and if he be a Gentleman Goaler, it is to be doubted he is a better man than his Master: for we make a scruple, Whether a PORTER of a College in Bishopsgate-street can beget a Gentleman. But whatsoever he be, being of an old Yeoman of the Guard, become a young Gentleman Goaler, he knows how to lick his fingers, and make profit out of the plague itself. For we could tell you, that when a Gentleman the last year a prisoner, was closely locked up, and the plague round about him, and in danger to be infected, desired him to speak to the Lieutenant, that he might be removed; he brought him word, that unless he would give him ten pound, he could not be removed. The Gentleman made answer, that he had not so much money; but all that he had, he would give him, if he would procure him to be removed. The sum agreed, was 20. s. which this Gentleman Goaler took and put in his pocket, and never came at him more in ten week's space, let the plague take his course with the poor prisoner: And that albeit the Gentleman complained to the Lieutenant of this unjust and fraudulent dealing, and did desire that either he might be compelled to make restitution, or otherwise to give it to the poor, or into the Warders Box at Christmas; yet the Gentleman could obtain neither. Here is Mulus mulum scabit again. We could tell you, that the prison lodgings have been, and are let out to prisoners at 20. l. some more, some less, per annum. We could tell you of 10. l. taken of a Gentleman that was sick, and made a close prisoner, for to have liberty to walk in fresh air out of his chamber some 4. or 5. times the length of a Cannon. We could tell you another, that by no Rule of Instruction, or Warrant, was to be kept close prisoner, and yet was so almost a year because he would not give 10. l. to walk the length of a Malt-pole. We could tell you of a Gentleman of quality, of above 70 years of age, after he had his enlargement from the Honourable House of Commons, was detained in close prison 20. weeks, because he would not pay such fees as were demanded; and a demand of above 330. l. made of him for these pretended extortions and unjust fees: Nay, a board nailed up before his window, to prevent him for taking any fresh air, and a Sentinel set at his door to keep him in his chamber. A new way of these monstrous Tyrants, to excise the Air.  
We could name a prisoner that for six months together in the Tower, had a Sentinel kept at his door to keep him in his lodging; yea, when he was sick, and had contracted that sickness and infirmity by a tedious close imprisonment. We could tell of the prisoners Beer and Wood stopped, and their servants kept from them, because they would not pay such fees as were demanded: And when the prisoners sent to the Lieutenant to have their Beer and Firing; his answer was, That he wanted money. HERE ARE THE FOUR ELEMENTS EXCISED TO THE POOR PRISONERS. Nay, we could tell you of some that were shut up for eating of Venison, and to make their peace, must drop something, a parcel of 20 l or something else: For we must keep our fingers in use. Nay, there is but few of these ravening creatures, but he hath all the inventions his wit can reach to excoriate their prisoners. We could tell you how prisoners are valued: Some have been valued at 5. s. a week and diet: Another at diet only; a third hath been offered to be exchanged with 20. s. boot. Nay, we could tell yond of a prisoner that was made in jointure to a Warders wife, who contracted by Articles upon their marriage, that his wife should have the profits proceeding of his prisoner. Which proceed puts us in mind of that story we read in Lucian, who saith, that Homer upon a time had drunk too much of the sweet wine of Chios, his native Country, and fell a spewing; and there came Pindarus, and Virgil, and Homer, and a great many more, and licked up his spewings, and thereby became inspired with Poetry, every one according to the quantity of the spewings that he licked up. So these Gaolers, upon the dissolution of Regal Authority, each of them hath licked up a part of the spewings of it, & are become exercisers of this illegal arbitrary power, so far as their Wits will give them way, to the extreme vexation and oppression of their prisoners: Insomuch▪ that the poor prisoners do wish with holy Job, That they had been as an hidden untimely Birth, or as Infants that never saw light, who are in that place, where the wicked cease from troubling, and the weary be arrest, where the prisoners rest together, they hear not the voice of the oppressor: wherefore is light given unto him that is in misery, and life unto the bitter in soul? Job. 3. 16, 17, 18, 20. Yet, tell Mr. White one of the best of the bunch (though there are some honest men amongst them) and one that would deserve to be esteemed a moderate man, (if he would give over his railing and scribbling of foolish Books against the dissenting-brethrens, and men in affliction) of any of these practices; his answer will be; why, sure it cannot be? my Lieutenant is a Saint, a godly man, & one that never did any man any wrong, no, nor would do it, to gain a world: He is a man that is very diligent in taking Notes at Sermons, and goes to repetitions often, and does nothing, but what he doth by the Order of the Committee for the safety of the Tower; and surely, he is wronged, Which puts us in mind of a merry story we read in the History of Reynard the Fox.  
Upon a time, the Lion proclaimed a great Feast, and invited all the Beasts of the Court; amongst divers beasts that came thither, the Panther came, and made a great complaint against Rynard the Fox; which was, that he had (feigning great devotion) promised unto Kyward the Hare, to teach him his Creed, and to make him a fit Chaplain for the King, and did sing Credo, Credo, to him: the silly Hare believing, the Fox would have kept his promise, and have ●aught him to sing Credo, and become a good Chaplain for his preferment, came between his legs, but he was no sooner there, but in stead of teaching him his Credo, the Fox snapped at his throat: and if the Panther had not come in, & rescued him, the Fox had there devoured the Hare. When this complaint was made, Grymbard the Brock, that was Reynards' sisters Son, answered for his Uncle,  
My Uncle is a Gentleman, and a trueman, he cannot endure falsehood, he doth nothing without the Council of his Priest, he eateth but once a day, he liveth as a recluse, he chastiseth his body, and lives only by Alms, and good men's charities, doing infinite penance for his sins; so that he is become pale and lean with praying and fasting, for he would fain be in Heaven.  
But whilst Grymbard was making this defence, in comes Chanticleer the Cock, clapping his wings with doleful cry, and accused Reynard for murdering his fair Daughter Coppel, and that he had eaten her, and that Grymbard had eaten the bones which Reynard left.  
We promise you, Mr. White, a shrewd evidence against Reynard: neither, though that Reynard pleaded, this was done by advice of his priest, and was paler and leaner with fasting and praying, than your Lieutenant is; yet it did not excuse him.  
And you may remember, Mr. White, that there is an outcry against the Lieutenant, that albeit the honourable Houses of Parliament, have made an Ordinance, that prisoners in the Tower of London should be brought to the Bar of the King's Bench by Habeas Corpus, to the end, they might be charged by their Creditors for their just debts, and removed to the King's Bench; Yet the Lieutenant did refuse to obey an Habeas Corpus in that case, upon pretence that there were fees due unto him from the prisoner which was to be removed: and for the same, he is ordered, upon a pain, to bring in the prisoner the first day of the next Term, the Judges not allowing that a good plea.  
And as we remember, Mr. White, when your wife distrained your prisoner's Trunk, your Lieutenant awarded the prisoner to pay 4. l. for the redemption to you before he could have it: So that, Mr. White, you played Grymbard here: nor can the Lieutenant free himself, by saying he did these things by order of the Committee; for we are confident, that the Committee are persons of that piety, honour, integrity, & justice, that they would not slain their names with command of such barbarous tyranny as hath been practised against the poor prisoners, their Wives, Ladies, and Children in that prison.  
Therefore, we do assoil them, and leave it at Mr. Lieutenant's door, till he plainly and evidently remove it further; And because Mr. Lieutenant, or any that he employs for the guard of his prisoners, may know their duties of their places the more clearly, and may not pretend ignorance for usage of their prisoners; we have thought fit to publish the Laws that have reference to Gaolers and Keepers of Prisons: which Laws, they upon their several penalties are to observe, and the people to preserve as a main badge of their Liberties, least by the neglect of them; an insensible slavery be drawn upon them.  
Now, concerning the laws of prisoners, and the usage of prisoners; we find by the common law, Quod Carcer ad cominendos non ad puniendos haberi debet, as Bracton l. 3. f. 105. Gaoles are ordained to hold prisoners, not to punish them: For, imprisonment by the law, is (neither aught to be) no more than a bare restraint of liberty, without those illegal and unjust distinctions, of close and open prisoner, as appears by Stamf. pl. Cor. f. 30.  
Yet we know some kept close prisoners in the Tower almost 3, years, committed only by Warrant of a single Peer, (a most horrible oppression.)  
And therefore Bracton f. 18. saith, That if a Gaoler keep his prisoner more close than of right he ought, whereof the prisoner dieth; this is Felony in the Gaoler.  
And Horn in the Mirror of Justice, p. 288. saith, That it is an abusion of the law that prisoners are put into Irons, or other pain, before they are attainted.  
And p 34. 36. he reckons the starving of prisoners by famine, to be among the crimes of homicide in a Gaoler.  
And we find 3. E. 3. Fitzh. Tit. pl. Cor. 295. That it was Felony at common law in Gaolers to compel their prisoners by hard imprisonment to become Approvers, whereby to get their goods: which law is since confirmed by the statute of 14. E. 3. c. 9 with some enlargement, as to under-keepers of prisons, and the penalty of the law: and that Gaolers having done this, have been hanged for it; you may read 3. E. 3. 8. Northampton. Fitzh. pl. Cor. 295. and elsewhere: but this for a taste to them. We now come to show what fees are due to them.  
The Mirror of Justice, p. 288. tells us, that it is an abusion of the law, that prisoners or others for the, to pay any thing for their Entries into the Goal, or for their going out: this is the common-law; there is no fee due to them by the common law. See what the statutes say.  
The State of Westm. 1. c. 26. saith, that no Sheriff, or other Minister of the King, shall take reward for doing their Offices, but what; they take of the King, if they do: they shall forfeit double to the party grieved, and be punished at the will of the King. Under this word Minister of the King, are included all Escheators, Coroners, Gaolers, and the like; so Sir Edward Cook 2. part of his Instistitutes, p. 209. affirms, and agreeable is Stamf. pl. Coron. 49. a. Nay, by the statute of 4. E. 3. c. 10. Gaolers are to receive thiefs and felons, taking nothing by way of fees for the receipt of them: so odious is this extortion of Gaolers, that very thiefs and felons are exempt from payment of fees.  
And we find in our Law-bookes, that no fees are due to any Officer, Gaoler, or minister of Justice, but only those which are given by Act of Parliament: for if a Gaoler will prescribe for any fees, the prescription is void; because against this Act of Parliament, made 3. E. 1. being an Act made within time of memory, and takes away all manner of pretended fees, before; and we are sure, none can be raised by colour of prescription, since: and therefore we find by the books of 8. E. 4. f. 18. That a Marshal or Jailer cannot detain any prisoner after his discharge from Court, but only for the fees of the Court, the Court being not barred by this statute of Westm. 1. ; and if he do, he may be indicted of extortion; and agrecable to this, is the book of 21. H. 7. f. 16. where amongst other things, it is held for law, that if a Gaoler or Guardian of a prison, takes his prisoners upper garment, Cloak, or money from him; it is a trespass, and the Gaoler shall be answerable for it: (this is a note for the Gentleman-Porter of the Tower) so that we may undeniably conclude, that there is no fee at all due to any Gaoler or Guardian of a prison, from the prisoner (but what is due unto him by special Act of Parliament.) And if a Gaoler or Guardian of a Prison shall take any thing as a fee of his prisoner, he may, and aught to be indicted of extortion, and upon conviction, to be removed from his office; And if his prisoner by constraint, menasse, or dures, be enforced to give him money, he may recover that money against the Gaoler again, in an Action of the case, to be brought against him as his Bailiff per account rendre.  
And it is fit to be remembered also, that whilst prisoners are in custody, having nothing of their own to maintain them, being either despoiled of their estates or goods by plunder, sequestration, long lying in prison, or otherwise; That the prisoners in all the King's prisons should be maintained at the King's charge, & out of the King's Revenues, according to the old law of the Land. Bracton said thus, Prisons imprisonatis; antequam convicti fuerint, de terris suis desseisiri non debent; nes de rebus suis quibuscunque spoliari: sed, dum fuerint in prison's; debent de proprio in omnibus sustentari, doneo per judicium deliberati vel condemnati fuerint; which we English thus, Prisoners detained in prison, ought not to be disseised, or put out of their lands and free-holds, nor spoilt of their goods before they be convicted: but, they ought to be maintained of their own goods and estates in all things they want, until by judgement they are either acquitted or convicted. Nay, we say further, that if prisoners have not whereof, of their own to live; theyought to be maintained, according to their qualities, out of the King's revenue, and at his charge, whose prisoners they are; and this is according to the fundamental laws of the Land, and is a liberty inheritable, belonging to the freeborn subjects of England: but if we look into the prisons of these said times; Oh! what horrible oppressions, extortions, cruelties, and most unchristianlike tyrannies are exercised and practised upon the freeborn subjects of, England in all prisons within the kingdom, by these sons of Belial, these ravening Harpies, and tormenting Gaolers, whom we may properly call the Devil's Deputies, that rack even the very bowels, and feed upon the very livers of their prisoners, sucking away the very blood that should give life to their bodies, from them; what lamentable cries, sighs, and groans, do we hear from every corner of this kingdom; especially of this City, from the poor, starved, oppressed, life-wearied prisoners, shut up & enclosed in the Dungeons and Prisons in all places? What horrible lamentations, imprecations, and curses are uttered, and sent up to God Almighty, in anguish of mind, and bitterness of spirit, by these poor prisoners, their wives and children not only against their tormenting Gaolers, but also against those Priests of the body politic, those Country-Committees, who have turned the wives and children of poor prisoners a begging, and sent them up to starve in Prisons and Dungeons, under the hands of merciless Gaolers, with their distressed Husbands and Parents, having not only their goods and free-holds taken away from them; which by law should be their support in prison: but what also they beg or borrow, is extorted from them by these ravening, merciless, and oppressing Gaolers, and their Ministers.  
We therefore, the freeborn people of England, having seriously weighed and considered with ourselves; that by these lordly powers and sentences executed upon us by that sentence of the house of Peers upon Lieut. Col. John Lilburn, a freeborn Englishman, and one that hath so often with his sword in his hand for the redemption and reviving of our declining liberties, adventured his light in the field against the Royal intruders, and out of hatred and detestation to the execrable and odious oppressions of Committeemen, Gaolers and other inferior Ministers of this present State, having an earnest desire and resolution to enjoyour liberties, which with our dearest bloods, and with the loss of so many lives of our dear brethren, and vast expense of treasure we have purchased; and being of nothing so much affected and enamoured, as to live under the happy and flourishing estate of this ever renowned Parliament, the most honourable Commons, whom we have chosen & entrusted for us to sit at Westm. as Guardians of our Birthrights, and most powerful Tribunes of the people's liberties, and who have made so many pious and feeling Declarations of their minds now in print, concerning our bypast thraldom, with most solemn Protestations, and execrations upon themselves, of their serious intentions, to maintain the laws and liberties of the freeborn Subjects of England, and that SALUS POPULI shall be to them, their SUPREMA LEX,  
Yet out of our daily feeling of our ensuing miseries, & a clear foresight of a future and speedy ruin of this present State (which above all thingsunder heaven we desire to advance) if it be not by the wisdom of these our most honoured Patriots prevented; do most humbly address our informations of the grievances & present evils, and advices for reformation of the same, to our most renowned trusties; not doubting, but they in their profound wisdom, will both receive them benignly, prudently ponder them, and seriously and timely endeavour to prevent the growing mischief, by their indulgent and serious care and circumspection: To you then, Oh! you most honourable Tribunes of the People, preservators of the Commonwealth, and chief Guardians of our Laws & Liberties) we apply ourselves as next under God, the surest Instruments of our earthly felicity; And, we do most humbly implore & beseech you to free us from all lordly, illegal sentences, and tyrannical powers and executions whatsoever: we entreat and exhort you to hear and determine Lieut. Col. John lilburn's appeal to you the Commons representative of England from the Lords house; we will not presume to direct you, wha● is fit to be determined in it, for we neither can nor will distrust, either your Judgement or Justice: but this we humbly beseech you to consider, that in your judgement upon him shall be involved the liberty of the whole Commons of England: and think it not a Trouble to yourselves to be importunedin this particular, but give speedy dispatch therein to your Petitioners, since that a Republic that is well ordered, aught to give easy access to those that seek Justice by public means.  
In the next place, our desires are, that since this great inroad upon our liberty, is occasioned by an Impeachment or Accusation made in your house against Col. King, which yet there depends undetermined; that you would hear and determine that Impeachment, and bring the Offender to condign punishment, and not only Col. King, but all others whom you have trusted in this late War, and have failed in their trust: What though the war seem to be at an end, and you have effected your desires, and these men have at some time stood you instead, and at first proved faithful and were strongly assistant to you; yet, if afterwards they proved corrupt or negligent, or falsified there trust, should they therefore be pardoned? put the case, a new war should break out, and you should have need of men: think you, that those you shall hereafter employ, will not take courage by the impunity of these that are now accused, to deceive and betray you when they find opportunity? Or, do you imagine, that these men can ever be faithful to you? We give you these Reasons, that they cannot.  
First, because they are at least under a suspicion; and if they are innocent; why have they been so long kept from clearing themselves? If they be acquitted, and innocent persons, it is an injury they will never forgive you; and if they be found guilty; you will never trust them: But some will say, that they have been good members, and done good service; therefore they ought to be pardoned. To which we answer, Let them be first tried, and if they are found guilty, use your discretions in mercy toward them: but withal, remember, that the wisest and best governed States in the world, never yet pardoned any man for a notorious crime committed against the Commonwealth, for any good services before done to it:  
This is manifest by many examples; especially in the Roman State: The first we will present you with, is that of Horatius, where the case is thus: Tullus the Roman King, and Metius the Alban King, made an agreement between them, that three of the Horatij, Romans, and three of the Curatii, Alban, should fight for the Dominion of their Countries; and that, that people whose three Champions vanquished the others, should be Lords of the vanquished Nation; The three Horatij got the victory, and but one of them survived in it; all the Curatii were slain. Horatius that survived, and was Victor, returning to Rome, met his sister, the Widow of one of the Curatii, lamenting the death of her husband, & killed her: This fact was adjudged so heinous, that notwithstanding the victory he obtained for the Romans, they brought him to judgement. Manlius Capitolinus, notwithstanding that he had valiantly defended the Capitol of Rome against the invading Gauls, and by his virtue delivered the City of Rome from imminent danger; was, notwithstanding his good deserts, for a sedition he endeavoured to raise in Rome through envy to Furius Camillus, thrown headlong down from that Capitol, which he to his great renown had formerly defended. So we in Machiavelli his discourses upon Liv. l. 1. cap. 23. 24. 26. More examples we might find in the Roman State, as those of Coriolanus, Martius Livius, Aemilius, and Scipio Africanus; of whose Stories you may read at large in Livies Decades. We read likewise of Themistocles the Athenian General, and who was a chief meants to augment the glory of that State by the great defeat he gave to the Persians at Salamis, and elsewhere; having committed offences against that Government, had the punishment of Ostracism, which was banishment for ten years inflicted upon him. Alcibiades likewise, after many notable victories obtained for that State, was notwithstanding for insolences, as they conceived, committed towards it, twice banished: the last time, into perpetual banishment. These two examples we find in the State of Athens. We might produce many more, of ancient time, of all the States of Greece; which, for Brevity sake. we omit. Only mentioning some, of latter times, in our own neighbourhoods: As, that of Charles the Emperor, who for offence given, ruined Ferdinandus Cortes that subdued to his obedience and use, the mighty rich kingdoms of Mexico, Jucatan, and other parts of the West Indies: Neither did Marshal Byron, for all his service done to King Hen. 4. of France, find at his death any merits in those services done to his offended Prince: Nor, Barnevelt in his conspiracy against the Prince of Orange, and State of Holland, though he had been eminent for former services done them against the Kingof Spain: Nor, in our own Kingdom, could Sir John Hotham and his sons former deserts, save their lives, which they lost for being false to the trust.  
By which examples we conclude, That never any Republic well ordered, canceled the faults of their subject, swith their good deserts. Therefore as Clemens Edmund's observes upon Caesar's Commentaries, p. 174. It more importeth a commonwealth, to punish an ill member, then to reward a good act. We also affirm, that a State, or a Commonwealth, that will keep itself in good order, and free from ruin; Must cherish impeachments and accusations of the people against those that through ambition, avarice, pride, cruelty, or oppression, seek to destroy the liberty or property of the people: So shall they keep their Estate free from envy, and secure from supplantation: for it is an efficacious means to continue the people in a fair obsequency, to parley often with them upon their grievances and to provide speedy and proper remedies. We therefore humbly desire you to take into your serious considerations, the great oppressions committed by these Countrey-Committees, who think there is no better way to govern the kingdom, then by lying with those Concubines of Sovereignty, Tyranny and Arbitrary government, as Absolom did with his fathers. These Horseleeches of the Commonwealth, who hang upon the limbs of it, and will continue sucking out the blood of the poor Countries, till their bellies are full: and then like 〈◊〉 and unprofitable vermin, will fall off your service, to their own ruse. If you think to bind those people to you by the oppressive profits of their places; you are deceived: For, benefits bind not the covetous, but the honest: and those that are but greedy of themselves, do in all changes of fortune, only consult the preservation of their own greatness. Besides, this inconveniency will attend their actions; that by making a few rich, you undo multitudes, and lose the hearts of many, that by clemency may be gained, to enrich a few by rapine, that when they are grown wealthy, will think of nothing more than to preserve their illgotten treasure, and will never venture (when necessity challenges it) one drop of blood in your cause. We speak not this out of any affection to the Royal party; but out of our hatred and detestation to oppression and rapine, it being the only means to overthrow this State: For it is most certain, that these people are easily drawn into Commontion, who by their poverty are assured to lose nothing; being by nature always desirous of innovation. Wherefore we hearty wish the suppression of those ravenous Committees, as utterly destructive to the peace and assurance of the present State and Government. But if they shall say in defence of their actions, that they only poll the Royal parley, and such as have been in Arms against the Parl we wish they were so innocent as they pretend rhemselves, & that they would pay the Soldiers better, & clear their accounts to their masters that have employed them: which, when they shall effect, they shall receive our better opinion, and till that time, they must be content to labour under their crying accusations. But admitting their objection to be true; yet we are of opinion, that courteous and charitable acts, work much more in men's minds that are subdued, than those that are full of violence, cruelty & hostility. For Seneca saith, Mitius imperanti melius paretur, they are best obeyed, that govern most mildly. And Machiavelli ubi supra, p. 542. observes, that one act of humanity was of more force with the conquered Falisci, than many violent acts of hostility. Therefore we wish these eager Committe-men to consider for the good of the State they pretend to serve, that it is commodious for those that lay the foundation of a new State, or Sovereignty, to have the fame of being just and merciful: For as Justice and Clemency in good Princes or Sovereigns, are the best means to keep the subject fast bound unto them in obedience and duties; so are cruelty, oppression and rage, bridles wherewith tyrants keep their subjects in awe and subjection unto them, and themselves in their estates. And let these Committee-men so order their actions in screwing the Countries, that they sow not a jealousy among the freeborn people of England, that they intent to hold up that common Maxim of all oppressing States, which is, That their interest is to maintain the public, wealthy, and the particular poor; which if once the common people apprehend, they are not long to be held in obedience: For where a State holds their subjects under the condition of slaves, the conquest thereof is easy, and soon assured. And when a forced Government shall decay in strength, it will suffer as did the old Lion for the opprssion done in his youth, being pinched by the Wolf, gored by the Bull, and kicked also by the Ass, as Sir Walter Raleigh l. 5. fol. 501. wittily observes. And then when it is too late, they complain of their hard fortune; for sorrow can give remedy to mischiefs past, and anger is vain where there wants forces to revenge. Correct those merciless sons of Cerberus, those greedy Gaolers excessive demands, and extortions of fees from their distressed prisoners. Suffer not that vengeance which the complaints and groans of those miserable and oppressed souls will draw down from the most just God for this kind of oppression; to fell upon your heads, by your connivance at, and toleration of, their exactions. And if that cannot move you, yet let us advise you, not to permit them to create Precedents of oppression to enslave your posterity in future times. For who knows what a day may bring forth? There is no new thing under the Sun. Therefore there is no confidence to be had in our present condition; since, as the Preacher tells us, Eccles. 1. 4. One generation passeth, and another cometh, but the earth endureth for ever. Be just and merciful therefore, O ye Rulers and Judges of the earth, and remember that for all these things you shall one day be brought to judgement. And this consideration prompts us further to entreat and implore you to keep and observe the known, written, and promulged laws of this land: if you keep them, they will keep you. Abolish and abandon, as an infectious disease to your State, all arbitrary power, and discretionary government, in prerogative times falsely called, the prudential way. There is nothing of worse example in a Republic, then to have good laws, and not to observe them. Good government procures love from the Subject: and it is only their love that supports a State in time of adversity. The Nations that endure the worst under their own Governors, are not greatly fearful of a foreign yoke: whereas men when they are well governed, never seek after other liberty. That government is of all most sure, where the people take joy in their obedience, The Samnites rebelled against the Romans, because Peace was more grievous to them in subjection, than War to those that enjoy their liberty; And on the contrary, Petillia a City of the Brutians in Italy, chose rather to endure all extremity of War from Hannibal, then upon any condition to forsake the Romans, who had governed them moderately, and by that good government procured their love: yea, even at the time when the Romans sent them word, they were not able to relieve them, wishing them to provide for their own safety, as we read, Livy Decad. 1. l. 3.  
Therefore, it never turns to a State's advantage; to gain the people's hatred: the way to avoid it, is to lay no hands on the Subject's estates.  
How many flourishing States have been ruined by the Avarice, Pride, Cruelty, and nonobservance of the laws by the Governors?  
The people of Athens being sore urged with a War by Darius from Persia; in their great distress, chose Critias Theramenes,, & 28. others, to be their Governors. They were elected first to compile a body of their Law, and put in practise such ancient Statutes, as were fit to be put in practice: to this charge was annexed the supreme Authority, either as a recompense of their labours, or because the necessity of time required it.  
These Governors, in stead of making or observing the laws, fell to spoil the people of their lives and goods, by new laws and arbitrary proceed; this was hateful to the people: the end was, Thrasibulus and 70. others conspired against them, and cut them off, and restored the people to their former liberty. The Governor of the Eleans held a strict hand over their Subjects, and oppressed them: The Subjects being in despair, called in the Spartans' to their relief, who had no just cause of quarrel, but only an old grudge; and by their help freed all their Cities from the sharp bondage of their natural Lords.  
The Estate of Sparta was grown powerful, and oppressed the Thebans: The Thebans, though but a weak State, yet desperate of their suffering; by the help of the Athenians, found means to free themselves of their cruel yoke.  
These examples, and divers others, we find of the fall of the free Estates of Greece, recorded by Sir Walter Raleigh, in his 3. book of the History of the world. The forceable causes of the ruin of the State of Carthage in Africa (which once contended with Rome for the Dominion and Sovereignty of the World) were Avarice and Cruelty. Their Avarice (saith Regius) was showed, both in exacting from their Subjects, (besides ordinary Tributes) the one half of the profits of the earth, and in conferring of Offices not upon Gentlemen, and merciful persons; but upon those who could best tyrannize over the people to augment their treasures. Their cruelty appeared, in putting men to death without mercy or justice, contrary to their Laws. We read in Guicciardine, that Pisa revolted from, and maintained 10. years sharp Wars against, the State of Florence, and would not submit to her yoke, by reason of the hard impositions laid upon her by the Florentines, but chose rather to put herself under protection of Lewis the 12. of France, a foreign and an hard master. We know that an imposition of the tenth penny upon the Inhabitants of Holland, and the execution of arbitrary government by the Duke of Alva, lost the Dominion of the Netherlands to Philip the second, King of Spain. We could tell of the often revolts of Genoa from the Kings of France, of Sienna, Lacquis, Modena, Regia, Vincensa, Milan, Crimona, Milan, and other Towns, and Provinces of Italy, from the States whereon they have depended, even from Venice (that only free State well governed in the world) by reason of the avarice, cruelty, pride, and injustice of their Governors.  
We could tell you, how the Duke Valentinois, or Caesar Borgia lost his new Conquests in Italy, by his pride and cruelty over the vanquished people.  
We could remember, how Alphonso and Ferdinand, Kings of Naples, lost their dominions and lives, by their extreme tyranny over the Nobility, Gentry, and Subjects of their Realm.  
We could tell you, how the Syracusians, Leontines, and Messenians, and other States of Sicillie were stripped of their Dominions, and fell into the hands of their neighbours the Romans, by their great cruelty to their own Subjects. We could find particular instances and examples, in all Empires, Kingdoms, and free States that have been since the Creation of the World; that the Princes and Governors, for their tyranny, and not due observing the Laws of their Countries, have been banished, expelled, and put to death by their Subjects.  
Ye know well enough, that Rehoboam lost 10. Tribes for an harsh answer to a petioning people, 1 King. 12. 9  
We could give you some Scriptual-examples of free-States; but that we find none mentioned there; but conclude, that there was never any State, more glorious, more free, more careful of preserving itself, then that of Rome; and yet she fell too, and never recovered her former liberty.  
The Romans, out of a foresight that her ruin would come upon her by the oppression and avarice of her Governors, made a Law, de repetundis, or of recovery against extorting Magistrates; yet it served not to restrain their Provincial Governors, though it relieved the Citizens at home, which was one of the two causes of Rome's ruin: for, as Machiavelli in his Discourses upon Livy, l. 3. c. 34. observes, that these two things were the causes of that Republics dissolution; the one was, Contentions, which grew upon the Agearian Law, or partition of conquered Land among the Citizens: the other was, the prolonging of Governments, viz. Dictatorships, Consulships, Generalships, Tribuneships of the people, and such like great Offices: for, by these means, those great Officers had means and power to raise arms against the liberty of the people: Sylla and Marius by this means could find Soldiers to take their part against the Public; and julius Caesar could find means hereby to make himself Lord of his native Country and Countrymen.  
These things we allege not, as if we suspected any of you, (O ye noble Patriots) to be guilty of any of these crimes, that may either hazard the continuing of the present Government, or destroy the public liberty; but to awake you, and put you in mind to provide fit remedies against these growing evils, whereby you may procure safety and peace to the Commonwealth, and everlasting honour to your own Names and Posterities; for they are to be thought worthy of honour, not which begin, but well end honourable Actions.  
And we beseech you, not to take it in ill part from us, 〈◊〉 we offer our humble advices to you in these particulars; ●●nce we the people, conceive it our duty, to show unto our Governors, that good, which by reason of the malignity of the times and of fortune, we have not been able to do ourselves; to the end, that you our Senators, being given to understand thereof, some of you whom God shall more favour, may put it in practice for the public good.  
Neither is our opinion to be despised: For it is a sure Maxim, that the people are of as clear judgement in all things that conceive the Public, as any, and is wise, and circumspect concerning their liberties, and are as capable of the truth they hear. We know that Commonwealths have never been much amplified, neither in dominion nor riches, unless only during their Liberties; for it is no man's particular good that amplifies the Kingdom. We know that those that have in their hands the Government of a State, aught to increase the number of their free Subjects, and make them as their Associates, and not Vassals. We know that it is more honourable and profitable unto a State, moderately to use their Subjects means, thereby to keep their State in perpetuity, then through covetousness to devour them in one day, and in their loss to undo themselves for ever. We know that Tyranny is a violent form of Government, not respecting the good of the Subjects, but only the pleasure of the Commanders. We know that it is better to live under an hard and harsh known written law, where every man may read his duty, and know his offence, and punishment; then under the mildest arbitrary government, where the Subject is condemned at the will of their Judges, without any certain or known Rules, how specious or just soever the pretence of this kind of proceeding may be. We know that the pretence of necessity in a Prince or State, is but the Bawd to Tyranny; And, that Tyranny is more odious in a State we desire to maintain by love, then in a Prince that seeks to bring it upon his Subjects by force. We know, that those States, that call all the endeavours of their subjects, only duty and debt, and are more apt to oppress their people, then to do them Justice, shall find themselves upon the first change of fortune, not only the most friendless, but even the most contemptible and despised of all other.  
And we fear, that notwithstanding all our desires of the preservation of this State; there will be little amended, till by sad experience, the truth of our conjectures in the hazard of this Commonwealth, are made manifest.  
For we know, that all men are better taught by their own errors, then by the examples of their foregoers: but if our earnest desires and humble supplications, shall either with scorn be rejected, or with negligence disregarded, to the apparent hazard of the public liberty, and most desirable State we wish to support; we hope that God will raise up some noble English Roman Spirit, such a one as Caius Flaminius, who as Sir Walter Raleigh l. 5. p. 357. observes, for the preservation and maintenance of that Commonwealth, understanding the Majesty of Rome to be wholly in the people, and no otherwise in the Senate, then by way of delegacy, or grand Commission, did not stand highly upon his birth and degree, but assisted the Multitude, and taught them to know and use their power over himself, and his fellow-Senators, in reforming their disorders; and vindicating the public liberty of his Country: In, and for which, we are resolved to die: and which we wish may always flourish, and continue for the perpetual benefit, utility, and renown of all the freeborn Subjects of England.  
FJNJS.   

The Publisher to the Reader.  
COurteous Reader, in regard Lieu. Colonel lilburn's Charge and Sentence in the Lord's House, and their Orders thereupon, are not as yet in any Book printed, but in this Vox Plebis; although there is, in several Books, much of his cruel usage, by virtue thereof; published: I shall desire thee to read his own two Books, called, London's Liberty in Chains discovered, printed Octob. 1646. And his Anatomy of the Lords Tyranny and Injustice exercised upon him; printed Novemb. 9 1646. which two compared with this, do fully and amply declare and prove all the Lords proceed with him to be most illegal and unjust. And as thou readest the foregoing Discourse; with thy Pen amend these following Presse-faults.  
Pag. 2. line first, (for irepairable, read irreparable.) p. 4. l. 15 (for as protected, read is protected. and l. 37. for Marrow of justice read Mirror of justice.) p. 6. l. 5. for their subjects, read the subjects.) p. 9 l. 32. for contentment read contenement. page 12. l. 19 for May 16. H. 6. read Mich. 16. H. 6. p. 15. l. 28. read outlawed but by. p. 16. l. 20. for aed read and p. 17. l. 14. for die read dine. p. 18. which should be p. 20. l. 9 for vinvocally read universally. p. 21. l. 18. for torvous read torcious. p. ●2. l. 27. for witnesses read Writs. l. 34. for Astutia read Atia. p. 24. l. 4. for rediendo read redeundo. p. 28. l. 4. & 5. read in interest for in in interest. l. 25. for inflame read enslave. p. 29. l. 10. for improved read impowered. p. 30. l. 1. read conceiving for concerning. p. 37. l. 17. read quod for quid. p. 47. l. 7. read question for questistion. p. 57 l. 35. read pests for Priests. p. 62. l. 12. read the people for these people, l. 13. read commotion for commontion. p. 63. l. 14. for can give remedy read can give no remedy. p. 66. l. 21. for the Agearian law read Agrarian law. p. 67. l. 11: for conceive the public; read concern the public.  
FINIS.