THE COPY OF A LETTER From an Vtter-Barrister to his special Friend, concerning Lieutenant Col. LILBVRN'S Imprisonment. Sept. 1645.  
Kind Sir:  
OUt of the firm confidence and certain knowledge which you seem to have of the integrity and honesty of Lieutenant Colonel Lilburne, and that his Letter of the 25th. of July, contains nothing but truth, I send you here my Sense and Opinion concerning his Imprisonment.  
And for the clearer explanation of what you demand, and our better understanding of one another, I conceive it necessary that we be at a point upon these two things: First, what the House of Commons is: Next, for what end and purpose they are convened and called together.  
I believe you agree with me, that the House of Commons is nothing less, than the representative Body of the People, elected and sent up, by the several Shires and Burroughs respectively (and joined with the two other States) of capacity to make, alter, abrogate Laws, as occasion shall require; to hear and relieve the Grievances of the people, and to reform what is amiss in the Commonwealth.  
Here is the Character and description of the House of Commons (which themselves (I think) will allow of) and here is the end and purpose for which they serve.  
In this description you may plainly see, two Bodies of the people, the representative and the represented, which together make up the Body of the Commonwealth; and of this latter, Lieutenant Colonel Lilburne is an eminent member.  
Now, for any man to imagine that the shadow or representative is more worthy than the Substance; or that the House of Commons is more valuable and considerable, than the Body for whom they serve, is all one as if they should affirm, that an Agent or Ambassador from a Prince, hath the same or more authority, than the Prince himself, which in matters of Proxy for Marriage, I believe no Prince will allow of.  
I will not undertake to define the limits of power or extent of Parliaments, having found the practice in my reading more or less, lengthened or shortened (like a pair of Stirrups) according to circumstances, and current of times, or the weakness or power of the Prince under whom they serve, who hath for the most part subjected them to his will, and made them act his Designs.  
Neither will I go about to cast the apple of Division betwixt the People and their agents, who should be linked together by common interest and mutual respects of common preservation; yet this much I cannot forbear to intimate, that the one is but the servant of the other, the House of Commons, I mean of the People elected by them, to provide for their welfare and freedoms, against all inbred tyranny or foreign invasion, which by reason of their numbers, they cannot conveniently do in their own persons without hazard both of confusion and desolation.  
But to come to our business, Mr. Lilburne complains, that Three times since the first of May last, he hath been imprisoned by Authority from the House of Commons, before he knew the Accuser or Accusation, or was suffered to speak one word in his own defence: Certainly, Thiefs and Murderers, taken in Flagranti delicto, in the very act of a heinous crime, are not thus hardly dealt withal.  
This calls to my mind the very words of a Member of the House, Mr. Edward Stephens by name, uttered with passion openly in Westminster hall, in a case of the like injustice, viz. That we have not withdrawn ourselves from our obedience to the King, to yield ourselves slaves and vassals, to the tyranny of our fellow-subjects.  
But you will say, how shall we amend ourselves, we have given ourselves, lives, liberties, and all into the Parliaments power?  
To this I answer, That this free and abandoned confidence of ours, whereby they are entrusted with all that is dour and precious unto us, ought the rather to oblige them to a tender and conscientious care of the dispensation of that power.  
Besides this sovereign or legislative power (which they make use of) is not lent them for the ruin and destruction of our Laws and Liberties (no more than the King's Prerogative) but for the edification and strengthening of the same in particular, as well as general.  
The abuse and overflowing of this power, is odious to God and man; for Princes, or what State soever, when they arrogate to themselves an unlimited jurisdiction, to degenerate into Tyrants, and become Hosts humani generis, enemies of mankind.  
And the Angels (which would be like the most high) were by his just judgement changed into the most wretched of all creatures: It belongs to God, and to God alone, to rule the law of his blessed will.  
As for Princes and States, when they break out into exorbitancy, and will be imitators of the power of God, in governing by an uncircumscribed authority, they run themselves into inevitable mischiefs, and the people (whom they serve) into unavoidable inconveniencies, and this comes to pas●e of necessity; for every State governed by fantastical and Arbitrary power, must needs be floating, inconstant, and subject to change; besides, man is naturally ambitious and apt to encroach and usurp upon the liberty of his inferiors.  
Hence is derived that excellent maxim, Melsus sub inquissima lege, quam sub aequissimo arbitro vivere; It is better to live under a rigorous and unjust law, than an Arbitrary government though just, the reason is, because by the first, he is at certainty, and knows what he must trust too, the last leaves him uncertain, and so in danger.  
But to return to Lieutenant Colonel Lilburne, who stands imprisoned by a Vote of the House of Commons for refusing to answer to the Committees Interrogatories, before cause showed of his former imprisonment.  
I am informed by some Members that this Vote was obtained by Bastwicke surreptitiously, when the House was thin and empty; and therefore I conceive he may appeal from the House thin and empty, to the House full and complete, if this will not be accepted of, why should he not appeal to the people?  
For Buchanan an author without reproach in his Book (De jure regui apud Scotos, concerning the Scottish Laws) doth boldly and positively affirm, Supremam potestatem esse in Populo, the Supreme power to be in the people.  
And before Buchanan, the Commonwealth of Rome (which remaineth a pattern and example to all ages both for Civil and Military government) I say this Commonwealth in its best perfection did allow of this refuge or appeal to the People.  
To this purpose, Titus Livius an unreprovable Author, speaks in these terms, Decad. 5. of his History. C. Flaminius was the first (as one of the first) that understanding the Majesty of Rome to be indeed wholly in the people, and no otherwise in the Senate, then by way of delagacy or grand Commission, did not stand highly upon his birth and degree, but made his address to the multitude, and taught them to know and use their power over himself, and his fellow Senators in reforming their disorders: For this the Commons highly esteemed him, and the Senators as deeply hated him, etc.  
But I hope the Wisdom and Providence of the Parliament will prevent these extremities; yet I cannot but put them in remembrance, that small sparkles do oftentimes occasion great fires.  
And that the English Nation is sensible of nothing more than the breach of their liberties, and of violence offered to the freedom of their persons.  
Witness the Magna Carta thirty times confirmed by the Princes of this Hand; and witness the cheerful readiness of the people to serve the public in this present great quarrrell.  
And let no man dream that the Parliament may trench boldly thereon without check. A silly conceit, and aggravating the offence: For a dog that devoureth his own kind, we account more unnatural than a Lion or a Bear of another kind; besides the heart burning which is easily kindled when our own fellows domineer over us.  
There are but two things of ruining a people, either by fear or love, the first may be more agreeable to Master Corbit, as suitable to his gallant and imperious nature, or to Sir Robert Pies Canine humour, but is brittle, and will last no longer than the foam which supports it. The second, of love, is safe and durable.  
Camillus the Roman speaks of it in two words, Firmissimum imperium quo obedientes gaudent, the most stable lasting government under which the people rejoice and live cheerfully.  
But Lilburnes case is singular, that a member of the body represented, a free born subject, in life and conversation without exception. Considerable both in his actions and sufferings in this great cause, that such a subject contrary to the tenor of Magna Carta, contrary to the late Covenant and Petition of Right, yea and the direct rule alleged in Scripture, should be three times imprisoned without showing cause by a Parliament professing Reformation, and defence of our Laws and Liberties, and without any urgent or apparent necessity of State enforcing it.  
This I profess is to me a riddle beyond all that this monstrous age hath brought forth; I need not say how much the public liberty is wounded in the injury doubled and trebled upon their fellow member, nor the consequences thereof, which if drawn into precedent, who can count himself free? Nor the consequences of a wicked sentence (which as Chancellor Bacon says) is infinitely worse than a wicked fact, as being held a precedent or pattern, whereby oppression beginning upon one, is extended as warrantable upon all.  
And this conclusion he draweth out of this place of Scripture, Font turbatus pede et vena corrupta, est justus cadens coram impio. A just man falling into the hands of the wicked, is like a fountain troubled with the foot, or the urines corrupted in the body.  
The horror of this sentence hath stricken the generality of the people with amazement, to behold the Kid seething in the milk of the Dam, that is to say, the Chambers of Justice ordained for our comfort, preservation, and safety, unkindly wrested to enslave, ruin, and destroy us.  
Surely after ages when they shall ponder these proceed in cold and sober blood, will be ashamed to own the actors for their parents or predecessors: And it is to be feared that the stones from the pavement, will rise in judgement one day against the abusers of the trust committed unto them.  
And let no man deceive himself, to think with senseless and frivolous distinctions to award the dishonour and danger, which may arise to the Parliament hence; as to say that the Great Charter is but suspended as to Lilburne, but not abrogated; and that the duty of the Parliament is to provide for generalities, but is not at leisure to attend particular greevances: these answers satisfy none but Idiots, or those that suck profit under their command.  
I mentioned before the danger and dishonour arising to the Parliament hereby, which of necessity must ensue; for seeing that Omne Imperium in consensu & assensu parentium fondatur Plinius, Paneg. All lawful Empire or Sovereign command hath its basis or firm foundation in the consent, approbation and good liking of the people; a rule without exception.  
What consent or good liking can be expected from those who daily see themselves abused in their liberties, and ruined in their Estates? Nay, what hope of redress, when as our Petitions will not be accepted without great friends in the House? To be short, it is not credible that either people or person, in any outward condition under which they mourn, sigh, or groan, will continue any longer therein, than they have occasion of good terms to be delivered, according to the saying of Liv. lib. 8. Non credible est illum Populum, vel hominem denique, in eâ conditione, cujus cum poeniteat, diutius quam necesse sit mansurum. Hence it must necessarily follow, that the multitude touched to the quick in their liberties and means of living, will be easily persuaded to shake off all Bonds of obedience, so necessary to the Magistrate, and to cast the blame of their sufferings upon the Authors, either as false to their Trust, uncapable of the great weight of Authority committed unto them: For who but a mad man will yield obedience unto those, who are regardless of their Laws and Liberties, or negligent of the means of their Subsistance, Livelihood, and Safety? the main and only ends for which they are convened and called together; and not to provide Offices for themselves, or to solicit the Causes of their particular friends, sometimes the greatest Enemies of the State.  
I beseech you, pass not lightly by these Considerations as idle and vain fears; for who shall hinder the multitude, if stung with a lively sense of their lost Freedoms, and means of subsisting; they shall endeavour the regaining thereof by some sudden attempt, seeing that (if the worst happen) they cannot be in much worse condition than they now are: As to the Committee for Examinations (mentioned in Mr. lilburn's Letter) which ought to be the Touchstone, whereby to discern Gold from counterfeit: And in equity and reason ought to be free, equal, and open as well to the plaintiff, as Defendant, especially in Criminal Causes: But in cases of Treason, or which concern the Public safety, ought rather to lend an attentive care to the Delators or Accusers, than any way to discourage them: For if these necessary evils shall be disheartened, who will watch over the safety of the State? Besides, it is more safe and tolerable in the condition wherein we now are, that a mischief should happen to one man, than a ruin to a whole Kingdom.  
As to this Committee, I wish from my soul, that Lieutenant Colonel LILBURNE were the only complainant against them: Let Westminster-Hall, the Exchange, and other places of public meeting, inform you; What making of sides, browbeating of witnesses, baffling of evidences, facing, and outfacing of the truth? What impertinent distinguishing and abusing the formalities of the Law, is there complained of? And all this noise and turmoil to help a knave out of the briers.  
It were more for the honour of their justice, and the satisfaction of the people, if the usual forms of proceeding in cases of charge of Treason were observed: That is, that the person accused, were secured; and the accusers heard with all equanimity, patience and attention: Whereas on the contrary, the accused is permitted to sit down covered, as Peer and companion with the Commissioners, and to arraign his accusers.  
O wretched times! O miserable England! which dost labour with all the symptoms, marks, and tokens, of a declining and dying state! Injustice avowed; Treason countenanced; Oppression, become familiar, almost legal; Oaths, Protestations, and Covenants solemnly made in the presence of God and man, slighted, and set at nought: Then to fill up the measure of our sorrows, a Civil War within our own bowels, nay almost in every family: And last of all, a general corruption of manners, which assures us the malady will be lasting, if not incurable: What will be the end and issue of all this? Seek to that Oracle which cannot lie.  
Propter injustitiam, & injurias, & contumelias & diversos dolos: Regnum agente in gentem transfertur, Ecclesiasticus, Chap. 10. verse 8. Because of unrighteous deal, injuries and riches got by deceit, the Kingdom is translated from one people to another.   

To the Reader.  
CHristian Reader, having a vacant place for some few lines, I have made bold to use some of Major George Withers his verses out of VOX PACIFICA, pag. 199.  

Let not your King and Parliament, in One,  
Much less apart, mistake themselves, for that,  
Which is most worthy to be thought upon:  
Or, think, they are essentially the STATE;  
Let them not fancy, that, th' Authority  
And Privileges upon them bestown,  
Conferred, to set up a Majesty,  
A Power, or a Glory, of their own.  
But, let them know, 'twas for another thing,  
Which they but represent; and, which, ere long,  
Them, to a strict account, will, doubtless, bring,  
If any way, they do it wilful wrong:  
For, that, indeed, is, really the Face,  
Whereof, they are the shadow, in the glass.  
Moreover, thus inform them, that, if either,  
They still, divided, grow from bad to worse;  
Or, (without penitence unite together)  
And, by their sin, provoke him to that course;  
GOD, out of their confusions, can, and will  
Create a cure; and raise a lawfull-power,  
His promise to his people to fulfil;  
And, his, and their Opposers, to devour.  
Yea, bid both King and Parliament, make haste,  
In penitence, united, to appear:  
Lest into those Confusions, they be cast,  
Which will affright them both; and, make them fear,  
And, know, there is on earth, a greater-thing,  
Then, an unrighteous Parliament, or King.   
FINIS.