THE FREE-MANS FREEDOME ƲINDICATED. OR A true Relation of the cause and manner of Lievt. Col. Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and Illegally committed, by the House of Peeres, Iune 11. 1646. for his delivering in, at their open Barre, under his Hand and Seal, his PROTESTATION, against their incroaching upon the Common Liberties of all the Commons of England, in endeavouring to try him, a Commoner of England, in a criminall cause, contrary to the expresse tennour and forme of the 29. Chap. of the great Charter of England, and for making his legall and iust appeal, to his competent, propper and legal Tryers and Judges, the Commons of England, in PARLIAMENT assembled.
TRue bred Englishmen, that have a life to lay down, for the defence of your just Liberties and Freedomes, (for to such alone J direct my speech) against all incroachers, destroyers, and usurpers thereof, (be they what they will be) I desire to let you understand, that I your Countryman amongst many others, have imbarqued all that I have in this world, in this one vessell, cal'd the good Ship of good Hope, sayling in the troublesome Seas of England, bound for the long desired Port, called the safe injoyment of Englands liberties and freedomes, the direct roade tending thereunto, is the path of Iustice, without the sayling in which roade, it is forever impossible to arive there; And therefore fearing my Venture should lately miscarry, I tooke upon me the bouldnesse to write an Epistle to Judge Reeve, one of Englands Pilots, which hath occasioned a desperate Storm to arise against me in particular, though there be nothing but wholsome and sound advice therein contained.
And perceiving by my late being with the Judge, that it was not well taken, nor likely to provide for my safety, against Col. Edward King, one of Englands rotten members, and branches, fit for nothing but to be cut off, out of Englands pleasant and fruitfull Vineyard I thereupon writ further instructions to my Atturney, to draw up my Plea, which thus followeth.
To his faithfull and much respected friend and Attorney, Mr. George Ingram, at his Chamber in Cliffords Inne, these.
IN the cause wherein Colonell Edward King is plantive against me, in an action for pretended words spoken by me again him: I entertained you to be my Atturny, whereupon you appeared for me, and received Kings declaration the last Tearme to which I am now to plead, I desire you therefore to plead to the same, that the said Edward King long before the pretēded words alleadged by the declaration, to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne, accused and charged before the Honourable House of Commons of high Treason, for his betraying the towne of Crowland unto the Enemy, as by the fourth Article of the said charge (whereunto reference being had) will appeare. And by the twelf Article of the said charge, the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy, which is adjudged to be high Treason, Rot. Parl. 7. Richard 2. Num. 38. 39. 40.
And for further plea, that the said charge was before this action brought, and yet is still depending, and only examinable and triable in Parliament, neither is the said Colonell King yet acquited or tried for the same, besides plead also that I am a witnesse so the proofe of the said Charge, and so not compellable to make further answer, or othe plea then this, untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way. This I hope the Court will accept and approve of, for a satisfactory and plenary answer and plea to his declaration, which you may draw up in forme as you shall find cause, whereunto I doe Authorize you, and for this pleading, this shall be your warrant and discharge, this I thought good to doe for the preventing of any colourable advantage, Colonell King might seeme to have, or any waies take through my neglect, or for want of a warrant to you to plead to his declaration, a judgment should passe for him against me by default.
I have written to Master Justice Reeve, setting forth the true state of the cause, a printed coppy I left at his house for him, which I perceive he hath perused, another I send you here inclosed, whereby you may be the better informed, and inabled to draw up my plea, and what you shall doe herein according to this warrant, I shall allow, in testimony whereof to this my warrant I have subscribed my hand, and set to my seale this ninth day of June 1646. and rest,
Sir, if you think fit to shew this to Judge Reeve or any other I shall approve of it.
Being moved out of mature consideration, to give him these instructions, because, (as J told him) if J should plead in a formall way to the Plea, guilty, or not guilty, I should thereby be the beginner of a dangerous president of destructive consequence to the wholl Kingdome, because that if a man intrusted, did turn traytor, and a company of honest men did endeavour, according to their duty, and to avoid the grievous sinne of perjury, did endeavour to bring him to condigne punishment for his treason, & for that end▪ referred Artickles of high treason in Parliament against him, with their names to them, and they, by reason of many publicke businesses, by reason of the warres in, & distractions of the Kingdome, cannot conveniently, for halfe a yeare▪ a yeare or more, try and adjudge the busines, the traytor or accused person, being a crafty fellow, full of [Page 3] ill gotten money, and corrupt Alies, and because that his tryall is delayed, he picks quarrels against his just prosecuters, and arests them in actions of 2. or 3000l. at the Common Law, for calling him (as really he is) traytor, and tosseth and tumbleth them, yea and it may be, by an unjust Puntillo in Law, brings them unto unavoidable ruine, by Common Law, which principally is inherent in the oracles of [...]rr [...]ng Iudges breasts, who it may be, two houres before he passeth sentence, is not resolved what to decree for Law, and so by this meanes every honest man that complaines of a knave or traytor in the Parliament, or is a party interested, in making good the charge against him, may by such wayes and meanes (by reason of delay in iudgement, which is not his fault) be brought by his cunning adversary into the Common Law Bryers, as I am by King, who ought by Law to be in Prison fast by the heeles) and so all honest men forever discouraged in such a cause, to complain of such transgressours, let them act treason against the State universall and representative, and do what they will; and this is just my case with Col. Ed. King, as by my printed letter to Iudge Reeve, I have truly & clearly declared.
But by my foresaid instructions sent to my attorney, I gave him authority (if he pleased) to shew them to the iudge, which for ought I know to the contrary he did, which it may be may occasion a complaint from him, or some others against me to the Lords, for immediately upon it, I am summoned before them, their warrant thus followeth.
Die Mercurij 10. June, 1646.
JT is this day ordered by the Lords in Parliament assembled, that Liev. Col. Lilburn, shall forthwith upon sight hereof, appeare before the Lords in Parliament, to answer such things as he stands charged with before their Lordships, concerning a Pamphlet, intittuled, the [...]ust mans justification, or a Letter by way of Plea in Barr. And hereof he shall not faile, as he will answer the contrary at his perill.
To the gentleman Usher attending this House, or his Deputy.
The Officer comming Iune 11th. last past to my House, about 6. of the Clock in the morning, cal'd me out of my Bed, and after I had read his warrant, I told him that if there were not a tye of respect laid upon me to the Lords, for their faire and courteous dealing with me about my busines, that was lately depending before them, I would not in the present case, obey their warrant, nor twenty more of the like nature, but would defend myselfe in my own house (which is my Castle) against all that in such cases they should send unto me, to the death, because they have by the Law, no authority at all to mak me dance attendance upon them, in the present case, or to try me a Commoner, in any Criminall cause whatsoever, ceither for Life, Limb, liberty or estate, which I told him was the case now in hād, for his own warrāt did sūmon me to appeare to answer a charge then before their Lordships, and this I wished him to tell them must be my plea at their Barre at which, having promised him to appeare, he departed, so fitting my selfe in the best manner the present In-comes of God inabled me for the brunt.
J tooke my Journey towards Westminster, and in the streets meditating, desired God according to his wonted manner to direct me, I presently had contrived in my own brain, without any humane help in the world, a Protestation and appeal, my heart [Page 4] being set up so high to go on with it, although it should be present death unto me, so I took sanctuary at a friends lodging to compile it in a method, which being done I transcribed it faire with my owne hand, and then set my hand and seale unto it, and being loth to run so high a contest with the House of Peers if by any meanes possible I could avoid it.
I repaired to a Lord a member of that House, and told him my whole heart in my intentions, shewed him my paper, and read part of it to him, and desired him to till some more of the Lords of it, if he judged it convenient, that so they might a little better consider of it before they brought me to their Barre, and forced me to doe that that would tend to their extaordrnary dishonour, or my ruine and distruction, and doe it I both must and would by Gods assistance (I told him) if they called me to their Barre, telling him I judged it as base an action in me (both in the sight of God and man) to betray my knowne and fundamentall liberties, as with my owne hands to cut my owne throat, protesting unto him, that if he and the rest of the Lords indevoured to destroy Magna Charta and to tread, it under their feet, as they would doe if they medled with me in this case, I would draw my sword against them every man as freely as I would doe against the King, and the desperatest Cavalier with him, with much more that then I told him he departed to the House, and I imediatly by water followed him, and what he did in it I doe not fully know, but I was not called in till about one a clock:
And being commanded to their Barr, the Earl of Manchester (their Speaker) commanded Master Smith to shew me my printed Epistle to Iudge Reeves, and asked me (to this effect) if I knew that booke, and whether I did not leave (or cause to be left) one of them at Iudge Reeves house for the Iudge himselfe.
Unto which I replyed, my Lord, if it may stand with the pleasure of this House, I desire to know whether or no you have any formall or legall charge against me in writing, if they had I desired to see it? that so I might read it, and then I would give them an answer to their question
Whereupon after a little pawze and looking one upon another, the Earle of Stamford stept up and with much zeale pressed his Lordship to hould me to the question, (so saith the Earle of Manchester) answer to the question.
My Lord (said I) under favour, I conceive the thing I desire of your Lordship, is very just and rationall (& so it is if you consider their owne summons which expresly commands me to appeare before them to answere a charge) but if nothing will serve your turne but a possitive answere to the question, then my Lord there is an answere in writing under my hand and seale, which I will justifie and maintaine to the death, I beseech you it may be read;
And with this I gave my paper to Master Smith their Cleark then at their Barre: Whereupon the Earle of Lincolne stept up and said to the Speaker, my Lord what have wee to doe with his paper? command him to answer to the question.
Lieutenant Colonell Lilburne (saith the Earle of Manchester) the Lords command you to answer positively to the question, unto which I replyed my Lord, in that paper in Master Smiths hand is my answer to the question, and to all others whatsoever that you shall ask me, and no other answer I have to give you, neither shall I, and if that will satisfy you well and good, if not, seeke it where you can have it, for I for my part shall give you no other, where upon I was commanded to withdraw.
[Page 5]And one of the Lords commanded the Cleark to give me my paper, (for saith he, what shall wee doe with it) but I refused to take it, and tould them, I would not medle nor make with it, there it was, and it was enough to me, that I had delivered it at their open Barre, do what you will with it, for my Lords, I am as carelesse as you are, whether you will read it or no, so the Cleark threw it after me, but I would not medle with it, but withdrew, the words of which thus followeth.
The PROTESTATION, PLEA, and DEFENCE OF Lievtenant Colonell IOHN LILBƲRNE.
Given to the Lords at their Barre, thursday Iune 11th. 1646. with his Appeall to his competent, propper, and legall tryers and Judges, the COMMONS of ENGLAND, assembled in PARLIAMENT.
THis morning I received a summons under your Clearks hand, to appeare upon sight thereof before your Lordships in Parliament, to answer such things as I am charged with before your Lordships, touching a Booke called by your Warrant, a Pamphlet intituled, the Iust mans Iustification, or a Letter by way of Plea in Barre. My Lords I tould your Messenger, Mr. Bakers sonne, that your Lorships had dealt friendly, honourably, and fairely with me in my apprehension, in my late businesse, being in a legall and Parliamentary way, transacted, first by the House of Commons, and so brought before your Lordships, which did lye as a tye upon my spirit, by way of Obligation, and now I would repay it, in laying aside (so far at present my priviledge, as I am a Commoner of England) as in obedience to your summons (salvo jure) to appeare at your Barre, although (as J told him) your Lordships, by Magna Charta and the Law of this Kingdome have nothing to doe with me, being a Commoner in any judiciall way, to try me in a criminall cause either for life, limb, liberties or estate, which is now the present case betwixt your Lordships and me, as appeares by your own summons, and this I desired your messenger to tell your honours must of necessity be my plea at your Barr.
But that it may appeare that I do nothing headily or rashly either in contempt of your just rights and powers, which I desire you may long enioy, alwaies provided, you endeavour not my ruin and destruction with them, neither out of any desire in the least to contest with you, which in me to doe, (I acknowledge) would argue abundance of ingratitude, it being my principle to do to others as I would be done to myself; and as much as in me lyes, to endeavour to live in peace with all men.
But to be robbed of my life, or give way to be made a slave to any whomsoever, either by a voluntary giving up, or in silent suffering to be taken from me, my native, naturall, just legall and hereditary freedomes and liberties, I am resolved rather to undergo all extremities, hazards, miseries, and deaths, which possibly the wit of man can devise, or his power and tirany inflict.
[Page 6]And therefore my Lords, you being Peeres as you are called, merely made by prerogative, and never intrusted or impowred by the Commons of England, the originall and fountaine of Power, Magna Charta the English mans legall birth right and inheritance, so often bought and redemed with such great seas of blood, and milions of money, hath justly, rationally, and well provided that your Lordships shall not sit in judgment, or passe sentence in Criminall causes, upon any Commoner of England either for life, limbe, liberty or estate, but that all Commoners in such cases shall be tryed only by their Peeres and equalls, that is to say their fellow Commoners, as is amply and effectually declared in the 29. ch. of that great Charter, which previledge & immunity cannot justly be taken away, from the free Commoners of England by any power whatsoever on Earth, without a better and larger given in the roome of it, for all betrusted powers must and ought to be for the good of the trusters, Book decl. Pag. 150.
And this Charter in al ages hath in an especiall manner been maintained, preserved and defended by our Progenitors, and in a speciall manner confirmed by 5. of Edward 3. ch. 9 the words be these, that no man from henceforth shall be attached by any accusation, nor fore-judged of life nor limb, nor his land Tenements goods or chattles, seised upon otherwise then by the forme of the great Charter, which is further confirmed by the said King, in the 25. of his Raigne, ch. 4. and by the petition of Right-made in the third yeare of this present King; and the Act made for the abolishing the Star-chamber &c. made this present Parliament, therefore my Lords as a free Commoner of England, I doe here at your open Barre protest against all your present procedings against me in this pretended Criminall cause, as unjust and against the tenor and forme of the great Charter (which all of you have sworn unviolably to observe and caused the Commons of England to doe the same And therefore my Lords I doe hereby declare and am resolved as in duty bound to God, my selfe, Country, and posterity, to maintaine my legall liberties, to the last drop of my blood, against all opposers whatsoever, having so often in the field &c. advenrured my life therefore, and doe therfore from you and your Barre (as incrochers and usurping Judges) appeale to the Barre and tribunall of my competent, proper and legall triers and Judges, the Commons of England assembled in Parliament: in testimony whereof, to these presents I have set my hand and seal, this present eleventh day of June, 1646.
And being not long without, the Gentleman vsher came civelly to me, and told me I must put off my sword and give it to some of my friends, for I must go a prisoner to Newgate, so desiring to see my Commitment, and to have a coppy of it before I stird to go, I had it accordingly, which thus followeth.
Die Iovis 11. Iune 1646.
IT is this day Ordered by the Lords in Parliament assembled, that Lievtenant Colonell Iohn Lilburne shall stand committed to the Prison of Newgate, for exhibiting to this house a scandalous and contemptuous Paper, it being delivered by himselfe at the Barre this day, & that the Keeper of the said Prison shall keepe him in safely, untill the pleasure of this House be further signified, and this to be a sufficient Warrant in that behalfe.
To the Gentleman Ʋsher of this House, or his Deputy, to be delivered to the Keeper of Newgate.
My usage to me semes very strange, that for doing my duty, in a just way to bring Col. King to condigne punishment, I should be so t [...]st and tumbled as I am, by his meanes, (that per Iure, ought to dye for his offence or at least by Law should be in durance, till he receive his just doom) clapt formerly by the heeles, (as in my epistle to Iudge Reeve is justly declared) and lately at Kings suite arrested upon an action of two thousand pounds, and brought into Court, that have nothing to doe with the businesse, it being dependant in Parliament, and there tyed up to such rules, formallities, and Puntillo's, as all the reason I have, cannot understand, and then for writing my Plea, threatned, and told by the Judge himselfe I had forever undone my selfe, by endeavouring to root up by the roots, the fundamentall law of England, by which I enjoy my life, and all that I can call mine, though as I told his Lordship, although he were a Judge, yet under his Lordships favour, I conceived he was in an error, I having not in the least, medled with any fundamentall, known or visible Law of England.
For the Law that I medled withall, was meerly, and onely an invisible, uncertain, and unknown Law, that resided in the Oracle of his Lordships breast, and his fellow Iudges, which (as I told him) I thought no man in England knew besides themselves, no nor I thought they themselves neither, no not two houres before they decreed, and adjudged it for Law.
And yet for all this I must be forced to dance attendance (contrary to Law) to answer a charge without forme or fashion in Law, at the Barre of the House of Peeres, who knew very well, or at least wise might know, that I knew as well as themselves [Page 8] their power, jurisdiction, and the Prerogative Fountain, from whence they sprung, as well as any of themselves, having sometimes discoursed of that subject freely with some of them.
And having lately (though unwillingly) contested with those, to whome by nature and interest, I am a thousand times more related unto then to them, meerely out of this principle, that I will not be a slave unto, nor part with my just liberty to any.
But I clearly perceive the hand of Joab to be in this, namely, my old back friend the Earle of Manchester the fountaine (as I conceive) of all my present troubles, who would have hanged mee for taking a Castle from the Cavaliers in Yorkshire; but is so closely glu'd in intrest to that party, that he protected from justice Colonell 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 heare, 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 Troope of Horse, or a Trumpeter came to demand it, his Lordships Head hath stood it seemes too long upon his shoulders, that makes him he cannot be quiet, till Lievt. Gen. Crumwels 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 epittomy of which I have by me, & his Lordship may live shortly to see it in print by my meanes, and for my Lord of Stamford, at present I desire him to remember but one Article, made at the de-livery of Exeter, which it may be, may in time coole his furious endeavour to enslave the free People of England, the earthly Lord and Creator of his Creator, who I am confident do, and will scorn to be made slaves & vasssals, by the meer Creatures of their Creature the King. So being straightened in time at present, I bid you farewell, and rest.