A PREPARATIVE TO AN HUE AND CRY AFTER Sir ARTHUR HASLERIG, (A late Member of the FORCIBLY DISSOLVED House of Commons, and now the present wicked, bloody, and tyrannicall Governor of Newcastle upon Tine)
For his severall ways attempting to MURDER, and by base plots, conspiracies and false Witnesse to take away the life of Lieutenant Colonel JOHN LILBƲRN now Prisoner in the Tower of London: As also for his felonious Rob [...]ing the said Lieut Col. JOHN LILBƲRN of betwixt 24 and 2500 l. by the meer power of his own will, without ever fixing any reall or pretended crime upon the said Lieutenant Col. or so much as affording him any formall proceedings, though upon a paper Petition.
IN WHICH ACTION ALONE, he the s [...]i [...] HASLERIG hath outstript the Earl of STRAFFORD, in traiterously sulverting the fundamentall Liberties of England, and (in time of Peace) exercising an arbitrary and tyrannicall Government, OVER AND ABOVE LAW, and better and more justly deserves to die therefore, then ever the Earl of STRAFFORD did (especially, considering he was one of his Judges, that for such actions condemned him to lose his head as a Traytor) by which tyrannicall actions the said HASLERIG is become a Polecat, a Fox, and a Wolf, (as a subverter and destroyer of humane society) and may and ought to be knockt on the head therefore, by the very words of Solicitor St. JOHN's own doctrine against the said Earl of Strafford.
All which the said Lieutenant Col. JOHN LILBURN hath cleerly and evidently evinced in his following Epistle of the 18 of August 1649, to his Uncle GEORGE LILBURN ESQUIRE OF SUNDERLAND, in the County of Durham.
Isa. 1.14. Your new Moons, and your appointed Feasts my soul hateth: they are a trouble to me, I am weary to bear them.
Vers. 15. And when you spread forth your hands, I will hide mine eyes from you; yea, when you make many prayers, I will not hear: your hands are full of blood.
YOurs of the 2 present from Durham, about Sir Arthur Hoslerig and my Money, I have received: In answer unto which, I cannot chuse but acquaint you, that the Law of England ‘is the Birth [...]ght and Inheritance of the people of England, yea, of the meanest as well as [...] richest: 1 Part Parliaments Book of Declarat. pag. 459. 660.’ And though the Law of England be not so good, and so exact in every particular, especially [...] [Page 3] manifestly proved; First, that before indictment the goods or other things of any offendor cannot be searched, inventoried, or in any sort seised, nor after judgement seised and removed, or taken away before conviction or Attainder.
Secondly, That the begging of the goods or state of any delinquent, accused or indicted of any Treason, felony, or any other offence, before he be convicted and attainted, is utterly unlawfull; because before conviction or attainder, as hath been said, nothing is forfeited to the King, nor grantable by him; and besides it either makes the prosecution against the delinquent more precipitate, violent, and undue, then the quiet and equall proceeding of law and justice wouldSee notably to this purpose in the 2 p. instit. fol. 48.permit, or else by some underhand composition and agreement, stop and hinder the due course of justice, for exemplary punishment of the offender; And lastly, when the Delinquent is begged, it discourageth, both Judge, Juror and Witnesse to do their duty. Therefore (saith he there) let such as beg the delinquent, and prosecute against him be terrified by the villanous judgment against conspirators, which you may read before, cap. 1. Judgment and execution, fol. 122. as also fol. 143 163, 164. and 1 par. fol. 269. and 2 par. fol. 130. 237, 238. 562. which are most excellent peeces, and well worth the reading. Therefore considering what is before expressed, I cannnot but wonder upon whatPeruse carefully I intreat you the quotations in the 6 and 8 pages of my forementioned impeachment of high Treason against Cromwel, as also the 12 and 15 pages of the 2 edition of my forementioned Book, dated the 8 of June 1649. Intituled The Legall fundamentall liberties, &c. pretence Sir Arthur Haslerig, Col. George Fenwick, and the rest of their Committee at Newcastle, can seize upon my estate in the hands of Sir Henry Belli [...]gham, and Master Thomas Bowes, and stopping my rents du [...] [...]rom Sir Henry Gibs his hands, to the full value of betwixt twenty four and twenty five hundred pounds.
For first, though the late Parliament in the height of wars, a little outstript the bounds and rules of the law, as themselves confesse in their notabl. Declaration of the 17 of Apr. 1646. printed in the 2 part of the Book of Declarations, pag. 879 in sequestring of mens estates, in another manner and forme the law requires delinquents estates to be seised upon, because their persons by reason of the raging of the sword could not be come by, nor were all the Courts of Justice open, nor the wants of the common-wealth to maintaine the wars, could not well permit so great delays, as the regular course of the law requires, which when the wars are over (as in England now they are) they promise to amend and to proceed according to the forme of the law, as fully appeares in their last forementioned Declaration, add severall others, as particularly the Declaration of this present Juncto against Kingship, Dated the 17 of March 1648.
Yet I am sure by the Parliaments own Ordinances, ‘no man in times of wars ought to be sequestred, till it be judicially upon Oath proved, that he hath been in arms against them, all voluntarily contributed horse, mony or plate to the King against them;’ none of all which in the least can be so much as be pretended against me, or ever was; and therefore no cause to pretend to deal with me, as with a Cavalier Delinquent in the least; and therefore if I have transgressed, I must upon their own principles, he dealt with according to law and the forme thereof; And therefore I have not tra [...]sgressed the law, but am an innocent man clearly appears by their own particular dealing with me, in that they never let me see, either Prosecutor, Informer or witnesse, agai [...]st me, nor never shewed me my Indictment, Charge or impeachment, no nor so much as face to face ever laid any manner of crime to my charge; See my narrative of their originall wicked Tyrannicall dealing with me, laid down in my Second Edition of the picture of [Page 4] the Councel of State in the [...]6 pag. of which, the Copy of their mittimus is recorded, which yet layes noAnd their warrants since for my close imprisonment, runs thus (without any cause or crime expressed in them Die Mercurij 9 of May 1649. Ordered by the Commons assembled in Parliament, that there be restraint upon all persons from comming to Lieu Col. John Lilburne, M. Thomas Prince, M. William Walwin, and M. Richard Overton, except their wives and children and necessary servants, Hen. Scobel Cler. Parlie. and then the 12 of May 1649. It is Ordered and Resolved that we all four be restrained a [...] close Prisoners, apart one from another in severall lodgings in the Tower, but he were wise that knew wherefore. crime to my charge, for it only commits me (Sir Arthur being one of the makers of it) for suspition of treason, and names no particular act, and generals in law are nothing as appears in 2 par. instit. fol. 52. 53. 590. 591. 615. 616. and by the 1 par. Parl. book of Dec. pa. 38. 39. 77. 66 67 101. 123. 162. 201. 203. 277. 278. 845. see also the Armies Book of Declarations, pag. 70. and my Plea before the Judges of the Kings Bench the 8 of May 1648. called the Laws funerall pag. 8. 16, 17. 11. At which tryal by strength of arguments, I forced the Judges openly to confesse, that generals are nothing in law; see also the 2 Edition of my Book of the 8 of June 1649. Intituled, The legall fundamentall liberties of the people of England, revived, asserted and vindicated, pag. 5 21. all which rightly considered, it cleerly appears, I am an innocent man, in the eyes of those very men that committed me, who never laid crimes in their lives to my charge to this present houre; And therefore I can stile it no better then Robbery and Felony in Sir Arthur Haslerig, Colonel George Fenwicke, &c, seizing upon my estate with a Felonious intent, to deprive me of it, without any pretence, shadow or colour of law, and not only felony, but Treason it selfe in subverting our fundamentall lawes, higher then ever the Earle of Straffords was for which he lost his head, who in his large additionall Impeachment, 1640. in the preamble of it, recorded in Speeches and passages of Parliament pag. 120. 121. 122. to 143. is impeached as a Traitor, for procuring instructions or commission from the King, to him in the North of England, as Lord President to heare and determine causes, according to the arbitrary course of the Star-Chamber, in pursuance of which he the said Earl in the month of May, in the 8 year of the said King, and divers years following did put in practice the said Commission and Instructions, and did direct and exercise, an exorbitant and unlawfull power and jurisdiction, on the persons and estates of his Majesties subjects in those parts, and did disinherit divers of his Majesties subjects in those parts, of their inheritances, sequestred their possessions, and did fine, ransome, punish and imprison them and caused them to be fined, ransomed, punished and imprisoned, to their ruine and destruction, and namely, Sir Conyer Darcy, Sir Iohn Boucher and divers others, against the lawes, and in subversion of the same; and that by virtue of the said illegall Commission he did most Traiterously stop the efficacy of all prohibitions, and habeas corpus [...]es, and would not suffer any party to be discharged, till the party performed the Arbitrary De [...]ce: and Orders of him and his associates; and Traiterously to the subversion of the fundamentall lawe of ENGLAND, and to the terrour of those that administred them; did the 21 of March in the fo [...] ▪ 18 yeare at the open assises at Yorke say, that some of the Justices were all for Law, but they should finde that the King▪ little finger, should be heavier then the loynes of the Law; but the said Sir ARTHUR HASLERIG, &c. more arbitrartly and more trayterously then Strafford, having no pretence of REGAL, Legall or Parliamentary-Commission or Authority (no no [...] so much as from the present nothing or illegall JƲNCTO, or the present illegall thing called The [...]ouncel of state, that ever he produced or shewed) hath Feloniously and trayte [...]ously seised upon my estate, meerly by his own will and of set purpose, to starve me and my family thereby, without any manner of, colourable pretence, and therefore aboundantly [...]h in law and reason more deserve to dye then the Earl of STRAFFORD did, especially considering he was one of his Judges, that in terrour and example to others seriously [Page 5] and judiciously condemned him to the Scaffold for these very things; and this Arbitrary Power exercised in England by the Earle of Strafford, is not only condemned & judgedSee the Act of his Attainder which saith, that he is impeached of high treason for endeavouring to subvert the ancient and fundamentall lawes and government of his Majesties Realmes of England and Ireland, and to introduce an Arbitrary and Tyrannicall government against law in the said Kingdomes and for exercising a tyrannous and exorbitant power over and against the lawes of the said Kingdoms, over the Liberties, estates and lives of his Majesties Subjects, for which he is adjudged and attainted of high Treason, and shall therefore suffer the paines of death, and losse of his estate. See this at large in the peoples Prerogative, pag 29. Treason, but also the like in Ireland, as appears in the 3 article of his Impeachment; for that (as the article saith) it was governed by the same Lawes, where the Earle being Lord Deputy, and intending the subversion of the fundamentall lawes there, did upon the 30 day of Septem. in the ninth year of the late King, in a publick Speech at Dublin, declare and publish that Ireland, Which very language is now growne so common amongst them, that their little Beagles commonly yelp it out; See Master Prinnes Book, called a legall vindication of the Liberties of England against illegall taxes and pretended Acts of Parliament, lately enforced on the people, pag. 1. was a conquered Nation (and so say our great o [...]es here England now is) and that the King might do with it what he pleased, (as Oliver &c. say they may do with this) And in his 4 Article he is impeached as a Traytor, ‘for arbitrarily stopping and prohibiting Richard Earl of Corke the benefit of the Law, for recovery of his possession, from which he was put by colour of an Order made by the said Earl of S [...]rafford, and the Councel Table there, whom upon the 20 of Feb. in the 11 yeare of the late King, upon a paper petition, without a legall proceeding, he threatned to imprison him unlesse he would surceae his suit, and said, that he would have neither Law nor Lawyers dispute or question any of his Orders, and further said he would make the the Earl and all Ireland know so long as he had the government there; any act of State there made, or to be made, should be as binding to the sub [...]ects of that Kingdom, a an act of Parliament, and upon sundry other occasions ( [...]ust Host [...]ig like) by his words and speeches, did arrogate to himselfe a power above the fundamental [...] Lawes, and established government of that Kingdom, and scorned the said Laws and established government.’
And in Article 6. he is impeached as a Traitor, ‘in that without any legall proceedings, and upon a paper petition of Richard Ralstone, he did cause the said Lord Mo [...]n [...] Norris to be disseised, and put out of possession’ (as the Trustees for Bishops Lands hath lately, but more unjustly, done my self and my LandlordWhose legal interest thereunto is thus: Nicholas Young Esquire, had a Patent from Bishop Montague, about 30 yeers since, confirmed by the Dean and Chapter of Winchester, (which is unquestionably good in Law) for the keeping of the Manor of Winchester House in Southwark: and not only so, but also for his life to enjoy all the profits, benefits, &c. of the said Manor house, gardens, orchards, and all things thereunto belonging, as is largely set forth in the said Patent: All which, upon speciall view of Youngs Evidence by a select Committee of Parliament, hath been since solemnly confirmed by an Ordinance of a full, free and unquestionable Parliament about five yeers agoe; which Ordinance forced Devenish to pay Young as his tenant, for his un [...]estionable, legal and confirmed right in the said house 52 l. per [...]nun for the bare Manor House; reserving unto the said Young as much besides, as was worth about as much more per annum: all which right the said Devenish bought for money of him, and M. John Cook drew up the conveyances; who hath often told me, Devenish his right was as good as either Law or Ordinance could make it: of which Devenish I took a Lease for three yeers, in case Young lives so long, for as much as I am to pay 13 l. per annum: and yet by force of arms, without any manner of proceedings at Law, by the command and wil of the said T [...]uftees &c. we are dispossessed of our just and legall possessions by the hands of the Sheriff of Surrey, who (if we could enjoy any Law, as in the least we cannot) is liable to repay all our wrongs &c. But for my part, seeing I live in a Land where Law and Justice is in words professed, I am resolved as soon to part with my heart blood, as in silence, slave and vassal-like, part with my legal and unquestionable right and possession, although the Trustees have lately sold it (as it is said) to M. Walker of Newington; which they have no more right to do, then so many theeves have to sel the clothes of my back Ob [...]ave Independent Justice! more abominable in their ways and doings, then all the currupt Interest that pretendedly for tyranny they have pulled down. Devenish at Winchester house) of his free-hold and inheritance of his Manor of TYMORE in the County of ARMAGH, after he had two yeers quiet possession. In the 7 and 8 [Page 6] Articles of which, are severall other cases of the like nature; as of Thomas Lord Dillons, Adam Viscount Losius and George Earl of Kildare, and the Lady Mary Hibbots; which eighth Article concludeth in these words, ‘That the Earl in like manner did imprison divers others of his Majesties subjects upon pretence of disobedience to his Orders, Decrees, and other illegall commands by him made for pretended Debts, titles of Lands, and other causes, in an arbitrary and extrajudiciall course upon paper Petitions to him preferred, and no other cause legally depending.’ For aggravation of whose offences, in treasonably subverting the fundamentall Laws and Liberties of England and Ireland, read the Masculine speech of Mr. John Py [...] against him, and the Argument of Solicitor S. John (now the pretended Lord chief Justice of the Common Pleas) against him, who toward the last end of his argument, by way of aggravation of Straffords crime in setting up an arbitrary Government, in the overthrow of the Law, saith,
‘The Parliament is the representation of the whole Kingdom, wherein the King as Head, your Lordships as the more noble, and the Commons the other members are knit together in one body politick; this crime of Straffords dissolves the arteries and ligaments that hold the bo [...]y together (viz) the Lawes: he that takes away the Laws, takes not away the allegeance of one s [...]bject alone, but of the whole kingdom.’
‘It was (saith he) made treason by the Statute of the 13 Eliz, for her time, to affirm, That the Laws of the Land do not binde the descent of the Crown; No Law, no descent at all. No Laws, no PEERAGE, no ranks or degrees of men; the same condition to all.’
Its Treason to kill a Judge upon the Bench: ‘This kils not only the Judge, but the Judgment.’
Its Felony to imbezell any one of the judiciall Records of the Kingdom: ‘This at once sweeps them all away, and from all.’
Its treason to counterfeit a twenty shillings Piece: ‘Here's a counterfeiting of the Law; we can neither call the counterfeit nor true Coin our own.’
Its Treason to counterfeit the Great Seal for an Acre of Land: ‘No property hereby is left to anyIt was well said in a Speech against the Ship mony Judges, Take from us (as the said Judges by that Judgment had done) the propriety of our estates, our subsistence, and we are no more a people: Speeches and Passages of Parliament pag. 271. land at all. Nothing Treason now, neither against King, NOR KINGDOM, no Law to punish it.’ And therefore he concludes, in aggravation [Page 7] against Strafford, or any thing by way of Plea, advantage or excuse that can be said for him; ‘He that would not have others to have Law, why should he have any himself? why should not that be done to him, that himself would have done to others?’
Its true, (saith he) ‘We give law to Hares and Deers, because they be beasts of chase: but it was never accounted cruelty or foul play TO KNOCK FOXES AND WOLVES ON THE HEAD AS THEY CAN BE FOUND, because these be beasts of prey.’ Out of thine own mouth (saith Christ) thou wicked servant, will I judge thee Luke 19 21. And saith Paul, Tit. 1.12, 13. One of themselves, even one of their own prophets said, The Cretians are alwa [...]es Lyars, evill beasts, flow bellies. This witnesse is true. Therefore, I desire Sir ARTHUR HASLERIG to consider, that if he deserves death that steals a sheep or an o [...], &c. because it is a transgression of a Law, (which Law, I say, in it self is unjust, for putting men to death for theft) what doth he deserve that breaks not only that Law by theft, (as he hath done in stealing my goods) but breaks all the Laws of humane society, by murder, plots and conspiracies to take away the innocents lives? all which he hath done to me;
First, By endavouring to murder me by cruell and illegall imprisonment, and close and barbarous imprisonment; for he was one of my unjust Judges, that for nothing committed me.
Secondly, By conspiracyThe punishment of Conspirators saies Cook in his 3 Part Inst. f. 222 is five fold, 1. That their bodies shall be imprisoned in the Common Goal. 2. Their Wives and children amoved out of their houses. Thirdly, that all their Houses and Lands shall be seized into the Kings hands, and the House wasted, and the Trees extirpated. Fourthly, All their goods and chattels forfeited to the King. Fiftly, That they shall lose the freedom and franchise of the Law. That is, 1. They shall never be of any jury, or recognitors of assize. 2. Nor ever be received for a witnesse in any case That they shall never come into any of the King Courts, but make Atturneys if they have any thing to do there; do this is called a villanous indictment (in the 24. E. 3. f. 33 & 27. ass. 53.) because of the villany & infamy, which they deserve against whom it is given, and all is inflicted by the Common Law. See also f. 143. 163. See also more to this purpose, 1 part. Inst. fol. 294. and 2. part Instit. f. 130, 237, 238, 562. to take away my life which is manifested by his indeavouring (in an extraordinary manner) by bribes to hire false witnes against me (as his mother Jezabel did against innocent Naboth tor his vineyard) to take away my life, and when the party would not consent to his wicked and damnable conspiracy, hee &c. hath caused him to bee most horribly whipped with scars and hundreds of stripes, by running the Gantlop from S. Iames almost to Charing crosse although he was no Souldier, without so much as ever convicting him of any crime, yea or so much as ever bringing him before, either pretended Marshall or civill judicature, but meerly did it in a higher, Arbitrary, tyrannicall, traiterly manner, then ever the Earl of Strafford acting any of his treasons, for which he lost his head; all which the said Haslerig and his Associats hath most barbarously acted and done with, and upon the body of Mr. William Blanke of Colemanstreet London, as he himself in Print notably declares, whose remarkable Narrative is already printed in Mercurius Militaris, numb. 3. which thus followeth.
William May of the Generals Regiment of Horse, and I being School fellows, he came unto me Febr. 17. and asked me if I and my Master were friends yet and I told him no; then said he unto me, if you will be at Whitehall to morrow, I will help you to a place of credence; at which time I was there according to his appointment, and when I had spoken with him there, he had me into a Chamber where were many Officers of the Army, [Page 8] as also Captain Story. Mr. Lavender, Mr. John Goodwin, Mr. John Price, and Mr. [...]arrus Shoomaker, where they offered to me and nine more an Oath of Secrecie, which is as followeth:
And they offered us 10 s. advance, and 40 s. the month to be paid by the four Commissioners, whose names are Andrews, De [...]eroy, Mountain, Atte [...]ny, and eight did take this Oath, but I and one William Hill in Col. Prides Company did refuse it; 'After which, the said William May did promise me to help me to be Barber to C [...]lonel John Hewson, of which service of mine he did accept, Febr. 20. 1647. For which Col John Hewson did promise me 14 s. weekly and I after some weeks asking him for money was by him put off; and being in great want for money at a time when I was trimming Lieutenant Generall Cromwell, I made my complaint unto him, and he promised to see me paid.
And Sir Arthur Hasl [...]rig did often tell me, but especially on Munday April 23. that unlesse Lilburn and Walwin were taken off, they could not bring about their design: for (said he) they are great Politicians, and if they live we cannot carry on our design; for they are Obstacles in our way; but (said he) if they were taken off, then we should carry on our design: And further he said unto me, pry into their actions so far as you can, and make discovery unto us what they act, and who are chief Agents for them at the meeting at the Whal [...]bone in [...]o [...]hbury; and (said he) if they will imploy you in any negotiations of theirs refuse it not, but make discovery thereof unto us, and be sure (said he) to learn the depth of their consultations, and if at any time (said he) you should be taken with the rest of the Faction in your meetings yet I promise you, you shall be for a while kept in prison, but you shall be released under hand, and we will say that you made friends, or that you broke prison, so that you shall be clear, and shall be satisfied for all your expence that you are at herein. And further he said unto me, that if I would swear, or undertake to produce evidences that the forementioned men were privy to the consultations of the Kings party, that then it should be sufficientMark Haslerigs wicked, and bloodthirstiness after our innocent lives. against them, and I should be pleased, and they would consider my trouble hereof. And at the same time I told him, I had an Order from the Lieut. Generall Cromwell for my Master James Coc [...]ey to pay unto my Father 40 l. but he refused it; he de [...]red of me to see the Order which I did shew unto him; and he said, That when this was done, then he himself would see my Master pay the said sum of 40 l. to my Father: And further he said unto me, meet me tomorrow in St. Jamses Park, which I did April 24. and then he carried me into the garden of Saint James, and when he had locked the door, he with Commissary Generall Ireton asked me, if I knew Mr. Almary, Bubal, Hartley James Edington, John Arrowsmith, Thomas Robbinson, and I made Answer yes; then said they unto me, Be here in the afternoon walking; at which place I did meet: And shortly after Sir Arthur Haslerig, with Colonel Pride, and one Captain Pretty came unto me and had me up to Commissary Generall Ireton, at which time Sir Arthur Haslerig and Commissary Generall Ireton did desire of me to consent that my name might be inserted in the Warrant for to seize upon my body, as Prisoner with the rest that are specified in the said Warrant; for said Ireton, you must be with the rest seized upon as Prisoner unto us, or otherwise you will be suspected; but said he and Haslerig, it shall not at all prove hurtful unto you, for you shal go only under the notion of a Prisoner unto us; upon which promise of theirs, I consented [Page 9] that my name should be inserted in the Warrant, which was to this effect as followeth.
These are to will and authorize you to seize upon the bodies of William Blanke, junior, George A [...]maner, William Senball, Iohn Arrowsmith, James Edington, and these you are to bring unto S Iames to be examined upon a present dangerous design against the Parliament, City, Kingdom and Army.
Forthwith there was commanded a guard of Muskettiers to goe with me for the apprehending of the aforesaid men, which was done accordingly; and about twelve a clock at night was brought to S. Jamses before Commis. Gen. Ireton, Sir Arthur Haslerig. Col. Pride, Capt. Pretty, Lieut. Col. Mason, (who examined them upon questions of the busines aforesaid). Sir Arthur Haslerig and Commis. Generall Ireton would have had me to witness against them, which I denied, for in the thing I had no knowledge, upon which they were forthwith released; and Sir Arthur Hasleri [...] then after told me by my self, except I would confesse these Papers to be mine I should be Prisoner, the which I denying was committed Prisoner, Aprill 25, 1649. and was continued in prison untill the 27. of Aprill 1649 untill 9. in the morning; And about that time I was then brought to the place commonly called Pelmel, or neer thereunto, and there was forced to run the Gauntlet for no other cause that I know of but for denying to swear against them, Mr John Lilburn, and Mr Walwin, and my refusing to get any to swear against them, as Sir Arthur Haslerig would have had me have done, and likewise that I did not witnesse against the forementioned Gentlemen, and likewise for refusing to take their Oaths.
Thirdly, Haslerig and Bradshaw &c. by false witness, by Blanks means could not effect the taking away of my life; then do they or one of them imployYea an Agent of the said Haslerigs and Crowwels called Richard Arnold a Hopman at the Blue Anchor in Thames Street neer Billinsgate, and a Member of the Knavish Conspiracy called Mr. John Goodwins Congregation, upon the Exchange about the time that the Juncto's new Treason trap came out, gave his Instruction to Justice Cooper in Southwark, under pretence of friendship to come and visit us on purpose by discourse to insnare us, and so to bear witnesse against us, of which one that heard the Instructions given, out of conscience of our integrity against his particular Interest, came to the Tower and told us all, how and by whom, Major, or Justice Cooper was appointed to come, the time when, and also the Subject and manner of his discourse, who accordingly the next day came accompanied with our quondam friend Justice Hill once of Southwark, &c. and Cooper especially demeaned himself exactly according to his Instructions foretold to us; but being forewarned of his intended villany, and Arnolds plot to take away our lives, we were fitted for them, and within a few dayes after, we sent for Cooper, and before divers honest people, opened to his face all Arnolds bloody designe upon us, to both their infamy and shame. one Tho [...] Verney a qu [...]ndam Cavalier, and give him a Commission to plot and contrive yea (and justifie him therein) the taking away my life, as app [...]ars by his following Letters.
For my esteemed good friend Colonel Iohn Lilburne, at his Chamber in the Tower these present.
SInce my arrivall in England, I have endeavoured to finde out the severall constitutions and dispositions of men, and I perceive the major part of those I have discoursed withall, are led more by their own fancies then reason; I am very much troubled to see how strangely things are carried, "finding the Subject not at all eased or freed from oppression: I pray informe me in any one particular thing, wherein England hath received any benefit since the warre began? "Oh this is a blessed reformation! Those Books of yours which I have lately seen doth handsomely lash them; I am joyfull to hear that we have some true English-men left that will stand for our Lib [...]rties and just Rights. My earnest desire is to engage with such a party, and to joyne with you and your friends in on [...] and the same thing, and to steer my course by your compasse, and I shall (to the utmost of my ability) further your designe in any thing, though it be with the hazard of my life, which I should willingly sacrifice for my Countries L [...]berty: To the same intent and purpose I make my addresses to your selfe, imagining you to be the chiefest of those (who are in a scornfull way by your and the common-wealths Enemies) branded with the name of Levellers. I never yet regarded much the malice of my enemies▪ I beleeve the like in you; therefore I am the more incouraged to joyne with such: Excuse I beseech you for my liberall and true heartedAnd yet a greater Judasly villaine, never breathed upon the earth. expressions by way of writing; It is a custome that I am used to, & cannot on a sudden leave it. "I shall at any place or hour give a meeting to any of your friends to discourse further of it, and then you will finde my complyance with you will be very acceptable, "for I love to advance and further all honest, lawfull and christian like actions. But I fear (unlesse you act more privately then you have formerly done) that all will come to nought, for yesterday I accidentally heard of some that were employed in the Country to act for you, were taken and carried Prisoners to Oxford by some of Colonel Scroopes Its a common saying a treacherous lier had need of a good memory, which Verney wonts; for at this time Scroops Regiment was at Salisbury in Rebellion against their Generall and Officers. Regiment, the truth of this Report I cannot much aver, but I received my intelligence from a very credible hand; If it should be so, you must be the more cautious hereafter, otherwise you will wilfully give up your lives as a prey to your enemies. I cannot as yet say we, because I know not as yet whether I shall be received as a friend amongst you or no. I can assure you my friendship shall very much advance your businesse, for I shall engage many friends in Buckinghamshire (it being my Native Country) with me, I am confident to gayne the strongest party in that Country in spight of Fate. And as for Oxfordshire, Barkeshire, and some part in Hertfordshire, I can (by reason of my many friends) ingage a considerable party in all those Countries, and prevail with others (that love to sleep in a whole skinne) to be as Neuters. This I beeleeve deserves thankes: But I can further advance your businesse in a more considerable way, if I finde you have good and faithfull Councellors about you, and that you have Gentlemen that are well beloved, and well esteemed in their Countryes, that can on a sudden (as I shall do) bring three or four thousand men into the field to back him that should doe you service. [Page 11] If you can do so I shall make another provision to you, which is to gaine the City of Oxford for you, which you may conceive will be very difficult to do, and many more that do not know me. "But by my means I shall worke with my friends within the Towne as well as those without, I am almost confident of gaining it. Then shall we be in a condition to furnish our selves with Armes, and have a place of retreat upon any occasion; And untill such a thing be done, it will not be wisdome in any publickly to appear; You will conclude the like, or any rationall man, therefore my request to you is, that you would seriously weigh and take into your consideration this my Letter, "and returne me your absolute answer by my Porter. But if I should be so foolish as accidentally to speak a word or so, he is so honest that it passeth no further, the experience I have had of him assureth me as much. Moreover if you should require a longer time in returning me an answer of what I desire "my lodging is in Aldersgate street in Trinity Court at one Master Edward Pearse his house hard by Aldersgate, therefore whom you are pleased to send to me, may there finde me. But in these dangerous times we cannot be too cautious in our Company, therefore unlesse I am well a assured" that they that shall treat with mee in your behalfe, come really from you; I shall be very sparing in unfolding my minde, therefore I pray send me a token in writing by my Porter, that he which shall come to me as from you, may deliver me the same token, then shall I not be sparing to let him know my resolution. I dare not come to the Tower least there should be notice takenAnd yet at the same time had Bradshaws and Frosts Commission to write this Letter, O pure Rogue! of me. Thus have I in part made a discovery of my mind unto you (though to you not very well known) I am the more sorry for it; For seriously all the acquaintance that ever I had with you, was in the Tower, where I had the happinesse three or foure times to bee in your company, in my honored friend Sir Iohn Maynard his Chamber. I know not whether you may call me to mind or no, but really you wil finde a most trusty secret and a most obliging friend and servant of
I beseech you deale as freely with me as I have with you.
But returning a considering answer to this, judging the Author at the first view a Knave, I enquired of a Presbiterian friend of Sir Iohn Maynards, whether he knew the man or no, who told me that a quondam fellow prisoner of mine had lately sent word out of the Low-Countries that this man was empl [...]yed by those of Darby-House, to lay a Trap to ship the Prince and send him over unto them to England to destroy him; but the next day being made a kinde of a close prisoner by the restraint of my friends and inhabitants of the Tower upon my stayers stopt the originall of these following lines in my hand.
For my esteemed good friend Colonel John Lilburne these present.
MY Porter was at the Tower this morning, thinking to have admittance in, but they would not suffer him; which hath much troubled me: but being well acquainted with this Gentleman one of the Coyners in the Tower, I have prevailed with him to deliver you this Note, beseeching you to returne an answer of the former in writing, [Page 16] The answering of which in any kind had apparently hazarded my life. sealed up, and this my friend will see that it first [...] safe to my hand; I pray use meanes to burn my Letter, as I shall cruel yours for feare of the worst, and you shall extreamly oblige a most faithfull Servitor of
Much newes abroad, but I dare not commit to Paper.
Upon receeipt of this I was more confirm'd in my own mind he was a Cheat, but having not absolute proofs of my thoughts, I judg'd it the most safe way for me to sit still and return no written answer, nor yet much reveal him: So within two dayes after he sent me a third Letter, the Copy of which thus followeth.
SIr by a Monyers meanes I gate leave to come in, thinking to have had the good fortune to have had an hours discourse with you, but I found I could not obtaine my desire with safety either for you or my selfe; upon that I departed, and leaving you this note, by the which you may the better know of my willingnes to engage with you, assuring you that my friendship shall be advantageous. My desire is to receive a full answer of my first Letter, which I sent by my Porter Ric. Vaughan whose name you have taken. If then inke and paper be kept from you, I am confident as yet your speech is not nor I hope will not; therfore you may desire a friend (whom you have a good confidence of) to treat with me in your behalfe, and I doubt not but to give him satisfaction, to your and the Commonwealths good content. But as I told you in my first letter, so I do in this, which is, that unlesse "I can receive a certaine token from you, that you really send him I shall be very sparing in my discourse. Yesterday morning I received a Letter from one Master William Parkins, whom I do not all know, and in that he advertized me, "that he was desired by your self to signifie unto me that it was your desire to have me speedily to r [...]pair into Buckingham-shire to engage my friends in your behalfe, and how that he was going thither himselfe. If that be true, I pray use a speedy meanes add let me know asmuch, and let me but receive a Letter from you to any one of quality in that County that is of your party that we may advise together, and you will finde that you have a most faithfull Servant of
This M. Parkins specified in his Letter, that I should finde him at the George at Ailsbury, where your friends and my self should meet and advise about ingaging the Country. IF I AM BETRAYD, I pray let me know the truth from you.
Upon the receipt of which third Letter, I was absolutely of opinion, he was a perfect Knave and Cheat, and especially by reason of the afore mentioned Parkins, who to my knowledge, is a Man I never saw nor heard of before. But with the Letter I received a Message,
That at such a ho [...]s [...] in the Tower, there was a Gentleman must needs speak with me about earnest businesse; which I presently judged to be the fore-mentioned Thomas Verney: and as I was going to him, I met accidentally a Gentleman formerly of the Kings party, and enquired of him if he knew one M. Tho. Verney a Knights Son or no: And he [Page 13] told me, ‘that a Knight of the Kings party had lately told him, that Sir Edward Verney the Kings Standard-bearer had a son lately come from the Hague, which was looked upon to be a very odd, strange, light kinde of fellow; but yet to the Cavaliers pretended to be some kind of Agent from the Prince.’ Whereupon I told the Gentleman the grounds and reasons wherefore I asked him. But this Reply increased more jealousie in me, that this VERNEY was a perfect Rogue indeed: and so to VERNEY himself I went; who upon discourse told me, he had formerly five yeers agoe been of the Kings party, and "that his Father was slain at Edg-hill, being the Kings Standard-bearer. So I told him, I had read three Letters from him, which he confessed he had sent to me. But I also told him (having Mr. Walwyn and Mr. Overton with me) ‘I wondred how he durst write such lines to me as he did: But he asked, wherefore? I told him, "Because he was a meer stranger unto me; and there were such lines, as if were he not one of DERBY-HOUSE Agents, might cost him his life’ But he said, he kn [...]w me to be so honest I durst do him no mischief: And for being one of DERBY-HOUSE Agents, he as much abhorred them as I did: and I wonder, said he, I having been in Arms for the King, how you should imagine they would be so silly to trust me with any of their secrets; which they must do if I were their Agent. ‘Sir (said I) It is no wonder that wicked men make use of any instruments to accomplish their base ends; and you having been for the King are the more likely to deceive other men, and the more unsuspected to work their ends: and money, we all know, is so tempting a thing, that it will make men of b [...]se spirits change their principles; yet, though it be to the destruction of their Fathers, and nighest Relations: and why you may not be such a one, I have too plain demonstrations to beleeve.’ And for that part of the irrationability of their trusting you, having been a Cavalier, ‘Why may they not as well trust and imploy you as their Agent, as Parson KEM, who now is their active and hired Agent, as from very good hand, I fully know: although its notorious he was an active man last yeer in the rebellion of Kent, and a notable Agent in the revolt of the Ships.’ But Sir, to be plain with you, I tell you, You are a jaggling Knave, and I could finde in my heart to lay hold on you for a knave, and carry you pre [...]ently before the Lieutenant of the Tower with your own Letters. And that you are a Knave. I have these informations to beleeve: ‘You were lately at the Hague at the Princes Court (which he confessed) and there you were imployed by some belonging to the Committee of DERBY-HOUSE, to lay a designe to get the PRINCE a ship-board, and send him for England to lose his head: And this was sent over by some exiled Presbyter Gentleman to his friends in London.’ A Citizen of London and a Colonel told me this the other day: and a Gentlemen Cavalier bid me beware of you for a Knave: At which the Gentleman (with the impudentest face and undaunted countenance that I have seen) denyed all; but ‘confessed he knew Parson KEM, and did beleeve him to be a Derby House Agent; and meeting with him the other day in Westminster Hall, he did confesse that KEM told him.’ Men reported asmuch of him as I now told him to his face. But with his much reasoning with my self, Mr. Walwyn, and Mr. Overton (who went on purpose with me to him, as fearing he came either to stab or poyson me in a cup of wine, or the like,) he justified his integritie; hoping I would not so violate the Rules of societie and man-hood, as to betray him, and so undo him and his friends, especially my friend Sir JOHN MAYNARD, who he often pretended, was bound in grea [...] bonds for him, before he could get his liberty, and to this day so continued. So telling him his own to the purpose, I left him for a Knave; although Mr. Walwyn especially pressed hard to have him laid hold of: But being desirous yet to trace him a little further, for many reasons I can give, I let him alone. But yet, [Page 14] for my own safety, the next day before all my three fellow-Prisoners, I fully informed the Lieutenant of the Tower of the businesse, before an Officer of the Army then Captain of the Guard, and desired him to acquaint the Committee of State with that, for I had the Letters and told him I would produce and avouch them; and another time the Lieutenant of the Tower (since I was close) being in my Chamber I told him again of it, and proffered him the Originall Letters which he seemed not willing to meddle with, so I have [...]ested since till the 29 of June last; upon which day I wrote a Letter to Master Hunt of Whitehall, and sent him an exact Copie of Verneys foregoing Letters, and my foregoing Observations upon them, which Letter of Mr. Hunts I intreat you seriously to read in p. 8. of my Impeachment of High Treason against Oliver Cromwell &c.
And not many daies after, Captain Den [...]y Serjeant at Armes to the thing called the Councel of State, came with a pretended Warrant to search my Chamber, by whose hands (for a token I sent an Exact Copie (of all I had sent to Master Hunt of Verney [...]) to his Master Mr. John Bradshaw &c. which although I have long since, as before you see, again and again acquainted Bradshaw and other of Haslerig. Associates with VERNEYS Letters, &c. Yet the said VERNEY continues as great with Bradshaw and others, at the thing called the COUNCIL OF STATE to this very day, as if he were their ALPHA and OMEGA, which is a clear proof of their designingly setting him at worke whom they a little before sent out by expresse Commission in a Man of War to [...]; where at his coming to the Hague, he had presently (as groundedly it is sa [...]) got something like a Commission from the Prince: but being at his Court discovered for a Traytor to him, he in haste took his leave there; and at his departure shook hands with an a [...]quaintance of his, and [...]id him farewell, he was in haste, for he was betrayd. So coming into England, Hasleri [...], &c. having tempted by offered bribes the foresaid honest M Blank to swear fasly against me, he and Bradshaw, or other of then brethren in evill, commissionated the said villanous Thomas Verney to write Letters to me, the which, if under my hand I had answered, or sent a friend, as he desired, to treat with him; then might they easily have searched his chamber, and there found some kind of Commission from the Prince to the said Verney, to authorise him to be his Agent in England, for which Verney might have been in some seeming danger, and pretendingly to save himself, might have produced my Letter, and also swore, according to the largeness of his conscience, what he had pleased against me; which might have been look'd upon by Haslerig and Bradshaw &c. as crime enough to have hanged me up without any more adoe, for corresponding with their declared Traytor the PRINCE, seeing they could not (as they earnestly desired) murder me any other way: and this act of Verney's should have, to the eyes of the world, been merit enough to have saved Verney's life, and also procured him his liberty from his Lords and Masters Haslerig and Bradshaw &c. who for his traiterous and good services done them, protect him against all the complaints of cheating, perjury, forgery, and all manner of knavery that my intelligence tels on daily is brought in against him. Which Verny, a few dayes ago (as I am from extraordinary good hands informed) had the impudence, for all the high complaints against him, to petition (or otherwise to sue for) an annuall Pension for his good services done them, in forsaking his Interest in the PRINCE, and adhering to Them in any thing they put him upon (though never so wicked)
Fourthly, Haslerigs design in endeavouring to murther me is not only evident, in his Associats imprisoning me for nothing, and so robbing me of my trade and credit, but also in close imprisoning me from the society of all my friends, and denying me the just [Page 15] and legall allowance due to me in my case and condition, (not one penny of which I have received to this day) but also in taking away compleatly betwixt 24 and 2500 l. that so I may not have a penny left to buy me my wife, or family a bit of bread.
But to [...]eturne, I would fain have HASLERIG to consider seriously from his friend S. Johns words, and the rest foregoing what he deserves, that not only by theft of murther breaks one of the Laws of England, but endeavours to destroy, and actually plucks up by the roots the whole Fabrick of the Laws of England? and so destroyes HUMANE SOCIETY, by bringing all things into the originall Chaos of confusion, and when he hath so done doubly and trebly, protects and secures himself by force of the sa [...]d and other tyrannicall Priviledges, from all manner of Process of Law or Justice truely he deserves whereever he be found, to be dealt with as Felton did with the Duke of Backingham; which for my part I protest seriously, I judge to be more juster both before God and man a thousand times over, then Haslerigs dealing with me, and the last and ultimate refuge and remedie that all such men have in such cases, and a thousand times more just then for a man to murder himself by fami [...]hing in silence, by such mens oppressive and tyrannicall de [...]ling with him And if Strafford upon S. Johns forementioned principles were A FOX and A WOLF for arbitrarily subverting the Law, and taking away mens prop [...]ties and estates by proceedings upon Paper petitions; then abundantly [...] is Haslerig a FOX and a WOLF in arbitrarily subverting the Law, and taking away my estate, with wi [...]e much as any proceedings at all, or any Paper Petition against me, [...] so much as receiving and producing any pretended Commission from any Legall, or pretended Magistracy so to doe.
And therefore undeniably [...]rom S. Johns and his own grounds may as a POLCAT, a FOX and a WOLF, yea and as a Destroyer of the society of mankind he knockt on the Read carefully for illustration hereof my Law-quotations in the Marginall note of the sixt page of the late Impeachment of High Treason against Oliver Cromwel and his Son in law Henry Ireton. head where ever he is found [...] he had; which peradventure before much time may be expired may be for his portion, and that justifiably both before God and man, seeing no law in the world can be said against him in the least, or take hold of him: And therefore as in a Speech made, one thousand six hundred and forty it is said against the Ship-money Judges, Speeches and passages of Parliament page 275. Much more truly may I say now, when our Liberties are violated, our Fundamentall Laws abrogated, our Modern Laws already obsoleted, the propertie of our Estates alienated, nothing left us we can call our own, but our misery and our patience, if ever any Nation might justifiably, this certainly may now, most properly, most seasonably, cry out, and cry aloud, VEL SACRA REGNAT JUSTITIA, VEL RUAT CAELUM, that is, Either let the Heavens fall, or let Sacred Justice reign. But if he should deny that that which at Newcastle he hath seized upon is none of mine, I prove my Legall right thus.
1. Admit I had in the eye of the law illegally come by it, yet being in possession of it, he hath no pretence in the world to dispossess me of it, of his owne head, and by his own will; but 2ly I answer that against the law of equity, reason and Justice, yea, and the law of England. I was in the year 1637, 1638. 1639. 1640. most illegally and tyrannically dealt with by the High-Commission, Councel-Board and Star-Chamber; by Doctor Guinne, Doctor Lambe, Doctor Ali [...], and the Lord Keeper Coventry, Lord Privy Seal Manchester Lord Newberg, Old Sir Henry Vane, Lord Chief Justice Bramston, and Judge Jones; And by the Arch-Bishop of Canterbury, Lord Keeper againe, Lord Treasurer Bishop of London, Lord Privy-Seal [Page 16] again, Earl of Arundel, Earl of Salisbury, Lord Cottington, Secretary Cook and Secretary Windebank and the Warden of the Fleet, who gagged me upon the Pillo [...] without order in writing: Of which, the 3. of Novemb. 164 [...]. being the first day the late dissolved Parliament sate, I according to Law and Justice preferred my Petition and Complaint to to them; who upon the reading of my Petit [...]on, immediately ordered me my Liberty, being, as I remember, the first prisoner in England set at liberty by them] to foll [...]w my Petition, and according to the legall custom of Parliaments make i [...] good by proof before a select Committee appointed by them to that purpose, Mr. Francis Reuse having the hai [...]; before whom many particular dayes one after another [...] I appeared with my Councel [being Mr. Robert Gurden brother to Mr. John Gurdon now Member of the p [...]es [...]nt J [...]ncto, or pretended House of Commons] and my Witnesses, and fully proved all my Petition. Upon the report of all which by Mr Reus the Chairman, the House of Commons the fourth of May 164 [...] [being the very same day that the King himself caused me to be arraigned for high Treason at the Ba [...]r of the House of Pee [...]s] voted and resolved upon the Question,
That the Sentence of Star-chamber given against JOHN LILBURN is illegall, and against the libertie of the Subject, and also bloody, cruell, wicked, barbarous, and tyrannicall.
Resolved upon the Question. That reparations ought to be given to M. LILBURN for his imprisonment, sufferings, and lostes sustained by that illegall sentence.
O [...]dered, That the Committee shall prepare this case of Mr Li [...]burns to be transmitted to the Lords, with those other of Dr. Bastwick, D [...]ctor L [...]gh [...]on, Mr Button and Mr. Pryn.
After which Votes (being in a full, free, un [...]avisht, or inforc'd, legall, and unquestionable Parliament (after a full, open, free Where, I very well remember, Sir Arthur Hosle [...]ig was one of my zealous and forward Judges; and when Warned James Ingram came to the B [...] of the Court of Wards, and brought Master Herne [...]h C [...]uncellor to plead for the Lords, and in excuse of himself [...], who st [...]sly insisted in a high manner upon the orders and decrees of Star-Chamber, upon which I very well remember Sir Arthur with a great deale of indignation said unto Herne, I value not a Decree of the Lords in Star-Chamber a rush, if it be not expresly according to the tenor of their commission the Law, and I further tell you it is a ridiculous thing Sir to summon Parliaments to meet together to make Laws, if the Lords decrees in Star-Chamber against law should be bind [...]ng; and therefore, although you have proved for your Clyant Master Ingram that the Lords in open Court (the Court sitting) commanded him on the Pillory to gagg Master Lilburn [...] yet for speaking against them, I tell you by law that order ought to have been in writing according to the custom of the Court, which you confesse it was not, and therefore Master Ingram must smart for his executing of orders on M. Lilburne made illegally. and fan hearing, and examining of all my foresaid sufferings and complaints) troubles and the warres came on, and being in my own conscience, folly satisfied of the justness [...] of the Parliaments then cause, in the height of zeale accompanied with judgment and conscience, upon the principles I have largely laid down in the 26. 27. 75. 76 pages of my book of the 8th of June 1649. intituled Englands legal, fundamentall, &c. I took up Armes for them, and fought heartily and faithfully in their quarrel, [Page 17] (for maintaining of which I had like to have been hanged at Oxford, while during my in prisonnment there, I lost 5 or 600 l. out of my estate at London,) till the p [...]esent Earle of Manchester, had like to have hanged me, for being a little to quick in taking in Tikell Castle, which spoyled a souldier of me ever since; after which in the year 1648. I followed the House of Commons close to transmit my foresaid votes to the Lords; which with much difficulty (occasioned chiefly by Mr, William Prinne, and other his zealous Presbyterian frien [...]s) I got by peice-meales transmitted, where by reason of Manchesters interest I might have expected long delay, yet I found quick dispatch, and upon the 1 of December 1645 by specially decree, they took off the fine set upon me by the Starchamber; and afterwards I got the whole vote transmitted, who at their open Barre, Judicially upon the 13 of February 1645. appointed me a solemn hearing de novo of the whole matter, and assigned Mr. John Bradshaw and Mr. John Cook for my counsell; who with abundance of witnesses accordingly appeared, where Mr. Bradshaw did most notably open the Starchamber injustice towards me, but especially theirWhose very words all are recorded by M. John Cook in his printed Relation of that dayes proceedings before the Lords, who in the 3 page thereof upon the reading of the Star-chamber sentence against me, most truly recites Mr. Bradshaws observations in these very words; viz. that the said sentence was felo de se, guilty of its own death, the ground whereof being because Mr Lilburne refused to take an oath, to answer to all such questions as should be demanded of him; It being so contrary to the Lawes of God, Nature, and the Kingdom, for any man to be his own accuser, and yet the same Mr. Bradshaw after he hath most illegally taken away the Kings life and drenched his hands in his blood: commits me then to prison for suspition of Treason, meerely for refusing to answer to a question that he himself demanded of me, as fully appears in the 2 edition of my picture of the Councell of state pag 10. 11. 16. ex officio or interogatogatory proceedings with me and produced my witnesses upon oath punctually to prove every head of his argument Upon which full hearing the Lords made a notable decree; and adjudged, and declared tho said proceedings of the said Star chamber, against the said John Lilburn, to be illegall and most unjust and against the Liberty of the Subject, and Law of the Land, and Magna Charta, and unfit to continue upon record.
But not assigning me any reparations in that Decree (the doing of which the House of Commons left unto them, and the Lords according to former custome looked upon to be their right in law to do,) whereupon I got Mr. John Cook to draw me up that dayes work with most pregnant and notable aggravations, which I printed and presented a few dayes after to every one of the Lords; praying their assigning me particular reparations according to Law and Justice out of the Estates of my unjust Judges, that had done me so much wrong; upon which new addresse to them they did upon the fifth of March 1645. order and decree; and assigned to be paid unto the said John Lilburne the summe of ten thousand pounds for his Reparations which for many reasons (as there being ayding in the warres to the King &c.) they fixed upon the Estates reall and personall of Francis Lord Cottington, Sir Francis Windebank, and James Ingram late Deputy Warden of the Fleet, and afterwards by an other Decree for the present levying thereof out of their lands at eight yeers purchase (as they were before the Warres,) with the allowance of Interest at 8 l▪ per centum, per annum; in case of obstruction; for all or any part of it; and to this purchase caused an Ordinance to be drawn up which fully passed their House the 15 20 and 27. of Aprill 1646. and afterwards transmitted it to the House of Commons, where by reason of my bloody adversary old Sir Henry Vains Interests and of my imprisonment by Manchesters means in the Tower of London it lay asleep till the 1. of August 1648 at which time 7. or 8000. of my [Page 18] true friends in London, signed and caused to be delivered a Petition to the House of Commons for my Liberty, and the passing of the said Ordinance: which Petition is since printed, with the Speech of my true Friend Sir John Maynard upon it. And in reference to which Ordinance the House made this Order:
- Sir JOHN MAYNARD.
- Sir PETER WENTVVORTH.
- Lord CARRE.
- Col. BOSVVEL.
- Col. LUDLOVV.
- Mr HOLLAND.
- Mr COPLEY.
IT is referred to this Committee, or any five of them, to consider how Colonel John Lilburn may have such satisfaction and allowance for his sufferings and losses as was formerly intended him by this House.
Upon which Order I got the Committee to meet, and preferred a Petition to them, the true copy of which followeth in my addresse to every individuall Member, daied 4 of September 1648. Upon which Petition, at my discourse with them, the Parliament having disposed of all that part of the Lord COTTINGTONS estate that I should have had, unto the Lord SEY, and also compounded with Sir FRANCIS WINDEBANK'S heir; the said Committee were pleased (seeing they judged it a difficult piece of work for me to get it proportionably from all or most part of my unjust Judges) to fix it intirely upon the Lord Keepers estate, as the principal guilty man: of which, when the young Lord COVENTRY his Son and Heir heard thereof in France, he came posting to England as in a maze, fearing what such a precedent might bring upon him, if his Fathers estate [then dead] should be compell'd to make me satisfaction; he being so capitall in injustice, that if that course should be taken, his estate left him by his Father [if it were trebled] would not satisfie for his Fathers palpable injustice committed in his life time. And Manchester being in the same Bryers with his Father, being as unjust as the other, and having a Brother (viz. George Montague) and other considerable Interests in the House of Commons, so plyed their friends there, that they put a stop to the second reading of the aforesaid Ordinance. Which I first fully understood by the Speakers means, then my great pretended friend, who one day began to reason with a Member of the House [and my special Friend] about the unreasonablenesse to fix my Reparations upon the estate of the deceased Lord COVENTRY; nay, or to give me any Reparations at all out of the estates of those persons that did me wrong, for fear the precedent in time might reach to themselves; ‘for Sir, said the Speaker, [as the Member told me] if my Son and Heir should be liable in law to make satisfaction to all those men [out of that Estate I should leave him] that I have in the eye of the Law wronged [by signing Warrants, Orders and Decrees by the Command of my Superiours] he would soon be a begger, although I should leave him 5 or 6000 l. per annum; and therefore desired, as it were, the said Members concurrence with them; who see a necessity, both in justice, and for the clamorous importunity [as they called it] of me and my friends, to give me reparations; but yet to do it in such a way, that the Precedent might not in future make themselves smart for their injustice to particular men.’ Of which, when the said Member told me, and withall told me, they were resolved to make the Common wealth my Pay-Master out of the publick Treasury, and colour over the justness of it with this pretence, ‘That Cottingtons estate &c. formerly assigned me, they had since disposed of for the Common-wealths use, to the Lord Sey; and therefore now it would be no injustice to the Common-wealth [although in the Star-chamber it never wronged me] to pay me my reparation.’ [Page 19] Of all which, when I understood their designe, I was not a little troubled and perplexed in my spirit (although I was grown much into debt by reason of my long and chargeable sufferings and large losses) to see that my sufferings should produce no benefit at all to the Common-wealth; which I must, as before God, in the sincerity of my heart aver, was much in mine eye, no earthly Treasure in the world being of that value to me, to make me undergo those sorrows and distresses that I underwent in the Bishops time: neither had I undertaken any hazards (and continued in them) out of any other consideration. but out of conscience and duty to God, and my native Country, I was much perplexed and raised up in my spirit, seeing the main end of my struglings was like to be frustrated, which was, That the Nation might have good by it, by the creating of Precedents, and terrour for the future to Tyrants and Knaves; that so the people hereafter might live more in freedom and peace, in the enjoyment of their Laws and Liberties; the consideration of which made me something fearlesse of my own particular welfare; and in my discourse at their door, to set all my expectation on the Tenter-hooks: and a little recollecting my thoughts, I modellized the fore-mentioned Addresse of the 4 of Sebtember, 1648, and printed it, and the next day (as I remember) with my own hands presented it to every Member that would receive it, as they went into the House: The true copy of which thus followeth;
To every individuall Member of the Honourable House of Commons.
The Humble Remembrance of Lieut. Col. JOHN LILBURN, Septemb. 4. 1648.
VOuchsafe to take notice and seriously to consider, That the first week this present Parliament sate, which is now almost full 8 yeers agoe, I presented a humble Petition to the House of Commons, for justice and right against the cruell Judges of the high Commission Court, and the Star-chamber, and I had the honour [the same day it was presented) to be one of the first prisoners in England that was set at liberty by this Parliament, and also received a speedy, full, fair, and candid proceeding, in the hearing and examining of my tyrannicall sufferings: but by reason of multiplicity of publick businesse, and other great obstructions, I have not as yet been able to attain to the full end of my legall and just expectation and right, viz. Reparations for my long, sad and tormenting sufferings by the foresaid unjust and unrighteous Judges.
Be pleased also favourably to take notice, That upon the first of August last, there was an humble Petition presented to the Honourable House of Commons, subscribed by many thousands of honest citizens, &c humbly to desire you to put me in the fall possession of all your be-past just Votes about my foresaid sufferings: upon reading and debating of which Petition, as in answer to that particular of it, your House were pleased to make this ensuing Order.
IT is referred to this Committee, or any five of them, to consider how Col. John Lilburn may have such satisfaction and allowance for his sufferings and losses as was formerly intended him by this House.
[Page 20]Unto which said Committee at their first sitting, I presented a Petition; the copy of which thus followeth.
To the Honourable the Committee of the House of Commons appointed to consider of Lieut. Col. Lilburns businesse in reference to the Star-chamber: The humble Petition of Lieut. Col. John Lilburn.
THat besides your Petitioners sufferings by reason of his banishment into the Low Countries, he was first committed by D. Lamb, Guin, Ayle [...], 1637. and afterwards had 3 yeers imprisonment in the common Gaole of the Fleet, being whipt from Fleet-bridg to Westminster, and enduring the cruell torment of above five hundred stripes with knotted cords: afterwards being set in the Pillory for the space of two hours; and by James Ingram Deputy Warden of the Fleet, gagged, tearing his jaws almost in pieces, without Order: which Sentence was given by Lord Keeper Coventry, Earl of Manchester, Lord Privie Seale, Lord Newburgh, Sir Henry Vane senior, Lord chief Justice Brampston, and Judge Jones. And after the barbarous execution of this Sentence, being April 18. 1638. the said Lord Coventry, Arch bishop of Canterbury, Bishop of London, Earl of Manchester, Earl of Arundel, Earl of Salisbury, Lord Conington, Lord Newburgh, Secretary Cook, and Windebank, passed another Sentence, in effect, for the Starving of your Petitioner, and for the tormenting of him with irons upon both hands and legs both night and day; and by keeping him close in the comm [...]n Gacle of the Fleet from the speech of any of his friends: all which was executed with the greatest cruelty that could be for the space of almost three yeers together, to the apparant hazard of his life, both by starving him [which was with all art and industry severall wayes attempted;] and also by severall assaults made upon him by the said Wardens men [instigated thereunto by the said Deputy Warden, to the maiming and wounding him, whereby to this day he is totally deprived of the use of two of his fingers:] All which, with much more, too tedious to be here inserted, was fully proved by sufficient witnesses, before a Committee of your House, whereof M. Francis Rous had the Chair; upon whose report made May 4. 1641, your House voted, ‘That the Sentence in the Star-chamber given against the said John Lilburn, and all the proceedings thereupon, was illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall; and that he ought to have good Repa [...]ations therefore.’ Which Votes (by reason of multiplicity of businesse in your House) cost your Petitioner some yeers of importunate and chargeable attendance to get them transmitted to the Lords; which was obtained in February 1645. the 13 day of which month your Petitioners whole cause was effectually opened at the Lords Bar, by his learned Councel M. John Bradshaw, and M. John Cook; and there every particular again proved upon Oath, by testimony of people of very good quality; whereupon they concurred in all things with the House of Commons, saving in the matter of Reparation; But upon the delivery of a true narrative, the Copy whereof is hereunto annexed, (which your Petitioner with his own hands in the same month delivered unto every individuall Lord) they made a further Decree, that your Petitioner should have 2000 l. reparations out of the estates of the said Lord Cottington, Sir Francis Windebank, and James Ingram, for the reasons alledged in an Ordina [...]ce which they passed in April 1646, and transmitted to your House, where it hath lain dormant ever since, and is now referred to the consideration of this Honorable Committee.
[Page 21]Now, forasmuch as by the judicial Laws of God (which are the pure laws of right reason) he that wilfully harteth his neighbour, is bound to the performance of these five things: First, ‘If it be a blemish or wound, Like for like, or to redeem it with money, thereby to satisfie him for his wound. Secondly, For his pain and torment. Thirdly, "For the healing. Fourthly, "For his losse of time in his calling. Fifthly, "For the shame and disgrace;’ all which are to be considered according to the quality of the person damnified: which reparations are to be paid out of the best of the goods of him that damnified him, and that without delay.
And as the Law of God, so the Laws of this Nation doth abhorre, and hath severely punished (above all persons) Judges many times with the losse of theirSee notably to this purpose those pregnant instances in my Epistle to my nick named Levelling friends, usually meeting at the Whalebone in Lothbury behind the Exchange, dated From my close imprisonment in the Tower of London, the 17 of July, and recorded in my Impeachment of high-Treason against Oliver Cromwel, &c. pag. 6. 7. 8. lives and estates, who under colour of Law, have violated their Oaths, and destroyed the lives, liberties and properties of the People, whom by law they should have preserved: as may be instanced by the 44 Judges and Justices hanged in one yeer by King Alfred; divers of them for lesse crimes then hath been done in this case of your Petitioner; as may be read in the Law-book, called The Mirrour of Justice, pag. 239. 240. 241. & translated and re-printed this very Parliament: and by Justice Thorp in Edw the third his time, who was condemned to death for the violation of his Oath, for taking small summs of money in Causes depending before him; as appears in the 3 part of Cooks Institute, fol. 155.156.
And by the Lord chief Justice Tresilian, &c. who in full Parliament in Rich. the seconds time was attached as a Traitor in the forenoon, and had his throat cut at Tyburn in the afternoon, because he had given it under his hand that the King might create unto himself as his pleasure, another rule to walk by then the Law of the Land prescribes him; as appears by the Parliament Records in the Tower, by many of your own Declarations, and also by the Chronicles of England.
Now forasmuch as your Petitioners sufferings hath been unparalel'd, and his prejudice sustained thereby altogether unrepatrable; having lost his limbe, &c. And forasmuch as by the Law of God, Nature and Nations, reparations for hurts and damages received, ought to be satisfied as far as may be in all persons, though done by a [...]cident and not intentionally, and though through ignorance: much more when the Persons offending, did it knowingly, and on purpose in the face, nay, in the spight of the fundamentall Laws of the Land, which they were swoon to preserve: And for that the reparations in the said Ordinance assigned doth scarce amount to what your Petitioner spent in his three yeers sad captivity, and his now almost eight yeers chargeable attendance, [...]n suing for it, besides the losse of a rich and profitable trade for eleven yeers together, and his wounds, torments, smart and disgrace, sustained by his said Tyannicall sentences.
He therefore humbly prayeth the favour and Justice of this honorable Committee for some considerable augmentation of his said Reparations, and the rather, because his fellow sufferer Doctor B [...]stwick had 4000 l. reparations alotted him, whose sufferings (he submissively conceiveth) was nothing nigh so great, in torment, pain and shame, as your Petitioners) And forasmuch as the now Lord Coventry, son and heir to the foresaid Lord Coventry, hath walked in his Father, Steps, in enmity to the Laws Liberties, and freedom of the Nation; by being in arms at the beginning of the Wars against the Parliament, [Page 20] [...] [Page 21] [...] [Page 22] and made his peace with the Earl of Essex for a small matter, & hath since disened the Kingdom, living in France privately, receiving the profits of a vast estate which his Father left him. And forasmuch as his said Father (the late Lord Coventry) was the activest man in infringing the Laws and liberties of the Nation; although a Lawyer and Judge, sitting on the supream seat of justice, and a person (as is groundedly conceived) who got a great estate by corruption, and particularly a man that principally passed, as chief Judge of the Court, both the aforesaid sentence against your Petitioner: And in regard the estates of the said Lord Cottington, and Sir Francis Windebank, by subsequent orders of both Houses upon urgent occasions are much intangled and altered from the condition they were in, in 1646▪ when the Lords ordered your Petitioner 2000 Marks out of them, and for that the estate of James Ingram cannot be found, nor at present come by. Your Petition [...]r therefore most humbly prayeth, That the greatest part if not all your Petitioners reparations may be fixed upon the said now Lord Coventries estate, to be immediatly paid your Petitioner; or else that his Rents, and the profits of his woods and goods may be seized in the respective Counties where they lie, for the satisfying thereof; that your Petitioner may no longer run the hazzard of ruine to him and his, by tedious delaies, having already contracted the debts of many hundreds of pounds, occasioned by the chargeable prosecution hereof: And that if you shall think of conjoyning any other with him, That it may be principally the Judges of the Law; who ought to have been Pilots and guides unto the rest of the Judges of that Court, who were Lords, and persons not knowing the Law.
After the reading of which they entred into a serious debate of the whole busines, and thereupon passed severall Votes to be the Heads of an Ordinance to be drawn up and reported to the House, by the Right Honourable the Lord Car Chairman to the said Committee, who accordingly reported the proceedings and votes of the said Committee to your House, who approved of the said Votes, and ordered an Ordinance to be presented to the House consonant thereunto, which was accordingly done by the Lord Car, which Ordinance hath been once read in your House: The Copie of which thus followes:
An Ordinance of the Lords and Commons Assembled in Parliament, for the raising of three thousand pounds, out of the reall Estate of the late Thomas Lord Coventry, late Lord Keeper of the great Seal of England, for and towards the reparation and damages of John Lilburn Gent. which he sustained by vertue and colour of two Sentences given and made against him, in the late Court of Star-chamber, the one the 13. of Febr. 1637. the other the 18. of April, 1638.
WHereas the cause of John Lilburn Gent. concerning two Sentences pronounced against him in the late Court of Star Chamber, 13 Febr. 13 Car. Regn. and 18. Apr. 14 Car. Regis, were voted the 4. of May 1641. by the House of Commons to be illegall, and against the Liberty of the Subject, and also bloody, wicked, cruel, barbarous, and tyrannical, (which were transmitted from the said House of Commons, unto the House of Lords; who thereupon, by an order or decree by them made, 13 Feb. 1645. Adjudged do declared the said proceedings of the said Star chamber, against the said John Lilburn, to be illegall, and most unjust, and against the liberty of the Subject, and Mag. Chart. and unfit to continue upon Record, &c. And by another Order or Decree, made by them the said Lords, the 5. of March 1645. they assigned to be paid unto the said John Lilburn, the sum of two thousand pounds for his [Page 23] reparations; and the said House of Peers then fixed that sum upon the estates reall and personall, of Francis Lord Cottington, Sir Francis VVindebank, and James Ingram, But the Lord Roberts, the Lord Wharton, &c. told mee severall times, if their estates had not been under Sequestration by Ordinance of Parliament, they would never have gone about to fix my reparations by Ordinance (which they must needs then doe to take off the Sequestration) but have issued out a decree and extent under the great Seal, immediatly to have put me in present possession of my 2000 l. which they said was their right by Law to doe. late Deputy Warden of the Fleet: and afterwards for the present levying thereof, with allowance of Interest, in case of Obstructions, while the same should be in levying, and of such part as should not be forthwith levyed; The said House of Peers did cause an Ordinance to be drawn up, and passed the same in their House, the 27 Aprill 1646. and afterwards transmitted the same to the House of Commons for their concurrence; with whom it yet dependeth. And for as much as since that transm [...]ssion, all or the greatest part, of the estates of the said Lord Cottington and Sir Francis Wind [...]ban [...]k, is since by both Houses disposed of to other uses, and the estate of the said James Ingram is so small and weak, and so intangled with former ni [...]umbrances, that it can afford little or no part unto the said John Lilburn of the said reparations. And for that the said late Lord Coventry, was the principall Judge, and chief Actor, in giving of both the said Illegall Sentences in the said Court of Starchamber; and for the barbarous inflicting of punishments thereupon:
Therefore, and or satisfaction of the said 2000 l. and for the increase of reparation unto the said John Lilburn for his extraordinary wrongs, sufferings and losses thereby sustained, and the [...]ong time hitherto elapsed without any satisfaction. The Lords and Commons assembled in Parliament do ordain, and be it hereby ordained by the said Lords and Commons and by Authority of the same, That the said John Lilburn shall receive the sum of 3000 l. out of all or any the Mannors, Mesuages, Lands, Tenements and Hereditaments, whereof he the said late Thomas Lord Coventry, or any other person or persons to or for his use, or in trust for him, was or were seized in fee-simple, or fee taile, or otherwise, at the time of the said sentences or decrees, or o [...] either of them, in the said late Court of Star-chamber, or since within the Kingdom of England or Dominion of Wales, any Order o [...] Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding. And for the more spee [...]ly levying of the said summe of three thousand pounds, It is further Ordered and Ordained, That the severall and respect [...]ve Sheriffs, of the severall and respective Counties, within England and Wales, wherein any of the said Lands, Tenements, or Hereditaments doe lye, shall forthwith upon sight, and by vertue of this Ordinance cause an inquisition to be made, and taken by the oathes of twelve or more lawfull men, where the same lands do lie, and what the same are and do contain, and of the clear yearly value thereof, over and above all charges and re-prises; and after such inquisition so made and taken, the severall and respective Sheriffs, shall deliver unto the said John Lilburne true copies in Parchment of the same inquisitions by them taken, and shall then also deliver unto the said John Li [...]burn the said Lands, Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions, To have and to hold, to him the said John Lilburne and his assignes without impeachment of waste; and untill he shall have received out of the issues and profits thereof (to be estimated according to the yearly values contained in the said inquisions) the said summe of three thousand pounds; together with all reasonable charges and expences to be sustained from henceforth for obtaining the said summe of three thousand pounds: And all and every the said severall and respective Sheriffs, and all other person and persons whatsoever [Page 24] that shall any wayes act or [...]ssist in obedience to this Ordinance, according to the true intent and meaning thereof, shall be therefore defended and kept harmelesse by the authority of both Houses of Parliament.
Be pleased further to take notice, That after the foresaid Ordi [...]ance, was once read, it came to a debate in your House for to be read the second time, which was carried in the negative by majority of voices; and I cannot but apprehend that were divers in the house unsatisfied in the Ordinance it self, in regard the House was divided upon the debate and Vote, which I cannot but apprehend must flow from one of these two considerations.
First, Either because that the whole reparations is fixed upon the Lord Coventries estate singly; who had many co-partners in the sentences, and who also it may be supposed hath expiated his crime by his death. Or else secondly, Because in some mens thoughts, some of my late actions are or have been so evill in themselves, that they may seem to them to overballance the merrits of all my ancient sufferings.
To the first of which, besides the reasons contained in the foregoing Petition, I humbly crave leave to offer these unto your judicious consideration.
First, I have by almost eight yearsViz. the Earle of Salisbury, but especially old Sr. Henry Vane that notorious and guilty Traitour, that betrayed all the North of England to the Earl of Newcastle, the particulars whereof you may at large read in Englands birth-right pag. 19 20, 21. and in my Resolved mans Resolution, April 1647: pag. 14. 15, 16. 17, 18. See also the 2 Edition of my picture of my fore-mentioned book of the eight of June 1649: pag. 19. 20. and the Impeachment of high Treason against Cromwell. pag. 6. dear-bought experi [...]nce, found the interest of some of my fore-mentioned potent Judges (who yet sit in both houses of Parliament) to be too strong for me to grapple with (and the onely cause in my apprehension that hath all this while kept me from my own) and therefore my own interest (which compels me strongly to endeavour by all just wayes and means to attain to my just end reparations) necessitates me as much as I can to wave the fixing upon them.
Secondly, I continually finde amongst the greatest part of my Judges an apprehension, in their own spirits, that in conscience and equity there ought to be favour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdom, rather then to those that have fought and contested against them both, and that seeing the latter are able enough in Estates to make satisfaction, it ought in conscience and equity soly to lie upon their heads; and I being not to guide or command my Judges, but rather to be in this guided and commanded by them, and to acquiess in their reasons they give me, especially when my own understanding tels me they most conduce to the obtaining my main end, which is justice in the possessing of my own. Now these things considered, and conjoyned to the reasons laid down in my foregoing Petition, I submissively conceive, as things now stand, in Law, equity and conscience, no juster objecton can be found for you to fix my reparations upon then the reall estate (whereever it is to be found) of the late Thomas Lord Coventry, who was the Principal Actor in this bloody Tragedy: and who was not lesse eminent in cruellty then in place, being judge of the highest seat of mercy, the Chancery, which ought to abate the [...]edge of the Law, when it is too keen: Now for the chiefRead carefully Mr. Iohn Cooks most remarkable aggravations in his forementioned relation of my sufferings at the Lords bar Febr. 13. 1645. p. 8, 9. Judge of mercy to degenerate into a savage cruelty, not heard of amongst the Barbarians, nor to be read of in the Histories of the bloodiest Persecutors, how transcendently hainous and punishable is it?
[Page 25]And though he be dead, yet justice lives; and whatsoever is become of him, his estate ought to make satisfaction, according to the rule of his own court of Star-chamber, he that suffers not in his body, must suffer in his purse. And therefore I may justly expect my reparations out of his reall estate that he was possessor of at his death, where ever I can now find it; whether it be in the possession of the present Lord Coventry, or others▪ and you may there as righteous Judges fix it for these reasons;
First, Because the said Thomas late Lord Coventries reall estate, in equity, if not in the eye of the Common law, ought to satisfie his debts, though dead; though now it be in the possession of the present Lord Coventry, &c. and in reason & conscience there is at least as much equity that it should repair injuries, especially of so high a nature as mine is of; and the rather, if it be considered that the late Lord keeper Coventry had, besides his reall estate, a very considerable personall estate at his death, which I desire not to meddle with, although it be descended to his heirs, &c.
Secondly, Because the estate now in the hands of the son and heir, &c. of the late Lord Keeper Coventry descended from him, and was in the hands of the said late Lord Keeper Coventry himself, at the time and some years after his passing the forementioned two illegall and barbarous sentences against me. Now in case I could have injoyed the benefit of the Law then, or immediately after they were passed against me, I might by an action of the case have had at Law satisfactory damages out of his estate: And if there was any Law or equity for reparations to be given me out of his estate then, the equity and justice of the case is nothing altered by the said late Lord Coventries decease, and bequest of the same estate to the present Lord Coventry his son or others.
Thirdly, Because the late Lord keeper Coventries passing such sentences as he did against me, was [as may appear by the Votes of your own House, made in the case, 4. May, 1641.] a subversion of the Fundamentall Lawes and Constitutions of the Land, and in the case of the Earle of Strafford, that was adjudged Treason: And in the case of Treason, the Law doth dis-inherit and dis-franchise all the posterity of any one adjudged guilty thereof; therefore my reparations (for transcendent injuries done, in such an extraordinary case,) out of the estate of the Father, though it be descended to the Son, or Sons, &c. is no injury to them in equity nor conscience: neither do I conceive, that in case this Parliament should impose a Fine of ten-times as much as my reparations amount unto, out of the aforesaid late Lord Coventries vast estate, to be paid to the publike purse of the Kingdome, for the satisfaction of the publike Justice thereof, and the expiation of his notorious and superlative crimes, could not in the least, in equity reason and conscience, be esteemed unjust in the eye of any impartiall, righteous, or just man in England; and so much in answer to the first Objection.
And now with all respect to the just honour of Parliament, a word or two to the second: which is, That it may be in some Parliament mens thoughts, the evill of some of my late actions may weigh down the merit and desert of all my ancient sufferings; and therefore to quit scores with me, without passing my Ordinance for Starchamber reparation, is too large Justice (in the strictnesse of Justice) for me?
To which with all modesty and respect, I Answer:
Admit my late actions were as vile, and as punishable, as by the worst of my enemies can be supposed to be, yet there can be no Justice in quitting scores with me therefore; and the reason is, because, that were not only to punish me for good actions done, which my sufferings against the Starchamber was, and was almost eight years ago so adjudged by your own Votes: but it were also to acquit and gratifie the guilty and obnoxious, which the present Lord Coventry [upon your own principles] is; as well as his Father was: and the Spirit of truth saith, To justifie the wicked, and to condemn the righteous, is both an abomination in the sight of God.
[Page 26]Secondly, I answer: It is not now seasonable for me to justifie my self, Yet I have since that do [...]e it with justification, as you may clearly and fully read in the second Edition of my book of the eighth of June, 1649. intitulled, The legall fundamentall Liberties, &c. p. 23, 24, 25, 26, 27, 28, 29, 30. &c. but rather to intreat you to do me justice and right, in passing my present Ordinance, without any more delay, for my reparations; wherein I have deserved well, by your own often and ancient confessions, before ever you had any pretence of evill to fix upon me, or lay unto my charge; and when you have so done, if for any subsequent actions, any of you be offended again with me, I will put you in sufficient and good security to answer the Law, without interceding for mercy or compassion: But O if you be men of gallantry, justice, honesty, or conscience, punish not my poor and afflicted wife, and tender babes for my pretended transgressions, by exposing them to famish, or eat one another, by keeping my own from me, which should preserve them alive, voted unto me by your selves, almost eight years ago; and when you have done, do your pleasure with me, even whatsoever seems good in your eyes, rather then expose me to see my dearest Consort, and the tender off-spring of our wombs, to perish before my eyes; which I must ingeniously confesse, the strength of duty, and naturall indeared affections, will not inable me to behold, with patience and silence: So desiring God to direct your hearts, now at the last, to doe just and righteous things to me, and the Kingdome, for just and righteous ends; I take leave, in sincerity, to subscribe my selfe,
Upon the presenting of which, my Ordinance was called for to be read the second time, which Elsynge the Clerke pretended he had laid ready upon the table before him; but what betwixt his knavery, old Henry Vanes, the Speakers, and young Mountagues, my Ordinance was stoln, and could never after be found: so that I was sent to out of the House to get another fair copie writ over presently, which being long in doing, my friends went away, not expecting it would any more be medled with that day; so that when most of them were gone, my adversaries took the advantage to call for it, and in a thin House read it the second time, and upon debate threw it out of doors, and at present to stop my mouth, voted me 300.l. ready money (as they pretended) out of Sir Charls Kemish his Composition, to inable me for present subsistence, and to follow my businesse, and also made this further Order,
Die Martis, Septem. 5. 1648.
ORdered by the Commons assembled in Parliament, that the sum of three thousand pounds be allowed and paid unto Lievtenant Colonell John Lilburne, for reparations of his damages sustained by colour of the sentences given against him in the late Court of Star-Chamber, where Lord Carr hath the Chaire, with the addition of Sir John Danvers, and Colonell Rigby, to consider of, and present to this House an Ordinance for setling of Lands to him and his heires, to the value of 3000.l. at twelve [Page 27] yeers purchase, out of the estates of new Delinquents In the Insurrections, not yet sequestred.
Of which when I fully understood, I was troubled, but knew not how to help myself, and having already met with so many difficulties, and received so manie baffles, as I had done, I thought it was better (being almost wearied out with strugling) to take half a loaf, then go away without any bread at all: so I addressed my selfe to the Committee, who left me to my choice to fix my reparations upon what Delinquents I thought fittest, that were not already disposed of, and some of them told me of an Order the House had made against Sir Henry Gibbs (who had a good estate in the County of Durham) upon an information M. Ashurst, and the rest of their Commissioners from Scotland, had brought them; upon which they made this Order.
ORdered by the Commons assembled in Parliament, that the estate of Sir Henry Gibbs, reall and personall in England, be forthwith sequestred.
Upon consideration of which, and my Fathers and Ʋncles being Committee-men in the said County of Durham, I then judged it most fittest for me, for the speedy dispatch of my businesse (without any more baffles, delayes, or cheats) to fix in that County, and accordingly I got my foresaid Committee to write a Letter to them; the copy of which thus followeth:
For their honoured friends the Committee of Sequestrations in the County of Durham or to any three of them.
IT being by an Order of the House of Commons of the fift of this instant, referred to us to consider of, and to present unto them an Ordinance for setling of Lands upon Lievtenant Colonell John Lilburne, and his heirs, to the value of 3000.l. at twelve years purchase, out of the estates of new Delinquents in the insurrections not yet sequestred; we (that we may be the better inabled to performe this service) do desire you, or some three or more of you, to make Certificate unto us in writing with all convenient speed, of the names of such Gentlemen, or others in your County, who have been emixous and knowne Delinquents (or so proved before you) in these late insurrections, as also a particular in writing of their estates, and of the clear yeerly value thereof (communibus annis) over and above all charges and reprises, and what termes and estates they have therein, and what incumbrances lie thereupon, as farre as can come to your knowledge, and to send by this Bearer Lievenant-Col. John Lilburne that Certificate sealed up unto us, who are
[Page 28]With which Letter, I immediately took a long, tedious, and chargeable journey into the North, and brought back an answer; the copy of which thus followeth:
To the right honorable the Lord Charles Carr, and the rest of the Gentlemen of the House of Commons, appointed to consider the satisfaction of Lievtenant-Col. John Lilburne: These present.
WE received your Honours Letter dated the ninth of September last, for certifying the names and estates of such new Delinquents as have been in the late insurrections, wherein we have laboured as much as we can to informe our selves to give you satisfaction in your desires, and therefore have sent up these severall Certificates here inclosed of the names of such persons as have been Delinquents in these late insurrections, amongst whom is Sir Henry Gibbs, for whose sequestration we have received a peremptory Order from the Lords and Commons of Sequestrations, dated the 28. of August last; the other two are openly known to have been in these late warrs: We have also sent particulars of the yearely values of their estates in this County, so neere as we are able to learne, considering the shortnesse of the time allowed by the necessities of the Bearer concerned therein, and the fewnesse of us, who are now left to attend the service of the Sequestration in this County, being no more that will act at all, then we whose names are hereunto subscribed; we rest,
Which forementioned Certificate in brief thus followeth; A rentall of Sir Henry Gibs Lands in Jarro, in the County of Durham above the reprises, for any thing we can find by examinations of the immediate Tenants of the said Lands in Octob. 1648.
Jarroe with the grounds thereunto belonging 222.l. per annum, belonging to Thomas Bows Esquire (which he had with his wife) Octob. 1648. at Broadwood, Hareup, Pawse, Meadowes, Stotley, Riding, Birkclose, and Land in Medelton field, Foggerforth, and Evenwood, 308.l. 10.s. per annum (But as I remember, Evenwood being 80.l. per annum proved to be his brother Cradocks, and so resteth 228. l. 10. s.) belonging to Sir Henry Bellinham at Beamount hill, in the County of Durham, Octob. 1648. copy-hold, and worth 180. l. per annum.
- Thomas Midford.
- Richard Lilburn.
- George Lilburn.
After I came to London with this, and delivered it to the Committee, they were willing I should fix upon Sir Henry Gibbs his Land at Jarroe, to make over to me, and to my heirs for ever, for my 3000. l. allotted, and accordingly drew up an Ordinance, and truly what with the personall Treaties vigorous going on, which rendred the making over such lands to be very dubious in the possessing of them, and the taking away his estate for ever, without visibly declaring any particular cause, or ever so much as summoning him to answer, for the Crimes the Parliament Commissioners (privately in their house) laid to his charge, upon which they sequestred him, (though I confesse I my selfe before rid [...]nto Scotland to inquire of him, and had enough to sequester him) or in default of appearance legally to outlaw him; all which laid together, with other things following, I [Page 29] had no stomack to his, or any other Delinquents Lands, knowing no reason why Sir Henry Vane, &c. should shift off from themselves my reperations, for the transcendent injustice they had done me, and lay it upon the shoulders of those in an extraordinary manner, that never particularly had done me wrong, (and besides force me to put it to a dubious hazard, whether I should injoy it or no) and understanding that Sir Henry Gibbs had an impropriation in the said County, amounting to about 70. or 80. l. per an. besides a legall and just right in a great deal of wood in Bransboth Park, some part of which was ready feld, and so would make ready money, upon all which considerations, &c. in as plausable a manner as I could, I drew up a Petition to the foresaid Committee to avoid the setling upon me the said Lands, the copy of which followeth.
To the honourable the Committee of the House of Commons, appointed to consider of Lievtenant Colonell John Lilburns businesse, in reference to the Starchamber. The humble Petition of Lievtenant Colonell John Lilburn.
THat upon severall debates of the Petitioners barbarous sufferings by the Starchamber in both Houses of Parliament, The House of Lords were pleased the 15. 20. 27. of April 1646. to passe an ordinance that your Petitioner should receive 2000.l. reparations out of the Lands of the Lord Cottington, &c. at eight years purchase and upon the humble Petition of your Petitioner, to this honourable Committee in August last, for augmentation of his reparations, you were pleased for the reasons therein alledged, to [...]te your Petitioner 3000. l. for his Reparations, to be raised out of the estate of the now Lord Coventry in money, upon the report of which to the House of Commons, by the right honourable the Lord Carr, the House were pleased to confirm the said Vote, and upon the Lord Carrs presenting an Ordinance to the house to that end, the House past it once, but before it could be read twice, either by the carelesnesse or willfullnesse of Mr. Elsynge the Clarke, your Petitioners Ordinance was imbesled and tost, and a new copy the same day was drawne and presented to a thin House, who threw it out of doors, and ordered your Petitioner to receive 3000. l. at 12. years purchase, out of the Lands of new Delinquents, which 3000.l. in effect and substance is not one 6.d. more, then the Lords 2000. l. was, the Lords 2000. l. being at 8. years purchase, and the House of Commons 3000. l. at 12. years purchase.
That upon the last sitting of this Committee, you were pleased to write to the Committee of Sequestrations of the County of Durham, to make Certificates to this Committee of the estates of new Delinquents in their County, who by their Letter and Certificates of the 12. of October present, certifie of the clear delinquency of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and Baronet, and Thomas Bows Esquire, all of whom have reall estates in the said County of Durham, the obtaining of which Certificate, cost your Petitioner a tedious and chargeable journey into those parts.
That your Petitioner, for divers weighty reasons in his own thoughts, fixed principally upon the estate of Sir Henry Gibb: but having been with divers and severall Counsellours learned in the Law of England, he clearly finds that in Law strictly, his nor no other Delinquents Lands, can immediately be made over absolutely to your Petitioner, and his heirs for ever, without such clauses of reservation, as may totally indanger your Petitioner within a few moneths to lose the fruit of his almo [...]t eight yeares extraordinary chargeable attendance, for justice in the premises in your House, the termes of the conveyance in law being so ticklish, that your Petitioner would not willingly give one yeares purchase for land so conveyed.
Wherefore, and in regard your Petitioner cannot believe, that your House intends [Page 30] him a [...]fiction without a [...] substance; for his already twice voted 3000.l. reparation, he [...] humbly prayeth, that he may receive your honourable assistance for the immediate [...] of an Ordinance, for your Petitioner to receive 8. l. per centum per annum for [...] forbearance of his money, from the hands of the Committee of Sequestrations of the County of Durham, arising out of the estates sequestred in the said County of the said S [...]. Henry Gibb, Sir Henry Bellingham, and Thomas Bows Esquire, beginning at the 25. of March [...]st past, and that the residue of the profits of the lands, woods or other goods of the forsaid persons, lying in the said County, may as they arise go to the paiment of your Petitioner his said 3000. l. till it be fully paid, with an assurance unto [...] P [...]t [...]ner, that in case any, or all of them compound with the Parliament for their delinquency, that so much of your petitioner reparations as thou shall remaine, may be sat [...]ed and paid out of their compositions.
W [...]ich Petition of mine the Committee granted, and caused an Ordinance accordingly to be drawn up very fully, on [...]ly my back friend John Blaxston and my unkle M George Lilburne being sorely falled out, the man indeavoured to revenge himselfe of me, and busled so hard against me in the House, as that he got all consideration for the fu [...]u [...]e forbearance of my money dasht out: which I was fain to beare with patience at the present, being not able to help my self; and as I remember it was read and past the second time, but the streame of the House running after the personall Treaty, with the supposition or jealousie of divers of my acquaintance (and former friends amongst those men) that I had too deep a hand in the late London Petition of 11. September 1648. which seemed to them to be a choak peare to the Treaty, and they conceiving that I still pursued the same ends, made the chariot wheels of the finishing of my Ordinance to got heavier then they used to do; so that for my blood I totally could not get fit to passe the House of Commons in October 1648. and other businesse of the Army coming on, I left looking after my Ordinance, and visibly and totally, devoted my self to an industrious indeavour to see if I with any other nicknamed levelling friends, could prevent another cheat by the Army (who promised faire in their large Remonstrance from S. Albans of 16. Novemb. 1648. pag. 66, 67, 68. but especially in their most remarkable Declaration, shewing the reasons of their last advance to London) the true narrative of my proceedings with them and their friends you may read in the 2. edition of my book of the 8. of June 1649. intituled The legall fundamentall Liberties of the People of England received, asserted and vindicated, pag. 33, 34, 35, 36, 37, 38. which pages I intreat you seriously to read; and with them I continued very diligently and closely following them, to see if it were possible to get them consent to the setling of the Kingdome upon the bases and foundations of the principles of true freedom and justice, by an The speedy doing of which they both publikely and privately, as solemnly promised and ingaged to perform as almost it was possible for men to doe, as clearly you may fully read in their two last forementioned Declarations, but especially that of the reasons of their last advance to London, which being but short I have herewith sent you, and intreat you most seriously to peruse, as a cleare and everlasting testimony against their present wretched and apostatized basenesse. Agreement of the People that had not fought against their Freedoms; the onely and alone just cure of all Englands maladies, not onely in my thoughts then, but still at this present day; but when I apparently and visibly saw their jugling and cheating, of which I with out feare told them, as you may read in pag. 39, 40. of my last named books. I say at the perceiving of their basenesse, [Page 31] I judged it Impossible for me ever to get my Ordinance fully passe, unlesse I would be their slave and vassall, which Harrison, Sir William Constable, and Sir Hardresse Wader at their first coming to Whitehall laboured to get me to be, and to ingage my pen for them; but my positive answer to them all three face to face (in their chamber) was, That I would as soon ingage for the Turk as for them, unlesse they would come to a righteous center where they would fixedly acquiesce, before they so much as attempted the medling with those great things they intended, as the breaking the House, and taking off the Kings hea [...]: I say, perceiving they were resolved to be knaves in the highest, and to go through with their intended resolutions what ever it cost, I thought it best for me to stir before all their fears and troubles were over, to get my Ordinance fully to passe before they fully got up into the throne, being confident if I staid till they had got their [...] businesse about the King over, I should never get it passe then, but upon implicit ingagements to be their slave, which I us much abhorred as I did the cutting of my own [...], and therefore I put pen to paper and write a netling Letter to the Speaker about it, being resolved to lay my bones at their door in the pursuit of it, and its effect it had, for as I remember the next day my Ordinance was transmitted to the Lords, the copy of which Letter thus followeth.
THough I cannot challenge much interest in you, yet being a suffering oppressed English-man, and considering you in the place you are in, I cannot choose but in black and white present you with a little of my sorrowes, which I assuredly know is now as easie for you to redresse, (if you please) as it is almost for me to write these lines to you; it is not unknowne to your selfe what transcendent miseries I suffered before this Parliament by the Bishops, &c. for divers yeers together, and how that for betwixt eight and nine yeers I have in a manner constantly waited upon your House for redresse, without any reall fruit at all to this day, though I dare safely say it, I have spent well nigh 1500.l. one way and another, since I first begun my suit unto you, divers hundreds of which I must in truth tell you I am at this time ingaged for, and owe at this houre, and how soon I may be throwne into a Jayle, and there rot for want of payment of it, and see my wife and tender babes perish for want before my eyes, I know not; and therefore truly Sir, I must with bitternesse of spirit say, a happinesse it had been for me, if when almost full eight years ago you voted me reparations to my barbarous sufferings, you had voted me to everlasting banishment, out of the land of my nativity, and that it should have been immediate death for me to have returned, to have fought for any justice at your hands; for alas, Sir, what a happy man as to the world had I been? to have had the improvement of my wasted money, and my eight years hazardous ill spent time, in waiting upon you for your often promised Justice, in my calling in some forraigne land, for the subsistence of me and mine; whereas all the benefit I have really enjoyed from you hath been the tormenting of my spirits, and the filling of my bones with aches and paines, in those hard, unrighteous and unjust imprisonments that I have six or seven severall times sustained from your House, and their Committees, in which I will not now say your selfe had a considerable hand in some of them, and yet have alwaies been delivered by you as an innocent and righteous man, without ever having any thing laid unto my charge: Sir, I have often had many faire promises from you, and so have some of my friends besides of your readinesse and desirablenesse to help me to justice and my own (though some other of my friends that have sate within your walls have told me the quite contrary, which I have been loath to believe) and therefore I now write unto you, to put you to the test: Wherefore without any more delay I adjure you, as you will answer before God and his mighty Angells, that now you deale ingeniously [Page 32] and honestly with me, and either help me effectually to get my Ordinance past your House, for my 3000. l. reparations, and force that faith breaking man that hath not a spark of Gentleman in him, I mean Sir Charles Kemish, to help me to my 300. l. which by your assignment I should have had four moneths ago from him, or els tell me plainly and truly you will not, cannot, or dare not (for feare of my adversaries) meddle with my businesse to do me any effectuall good, and I do assure you I will take it for an honest finall answer, and never trouble you particularly any more, but put my businesse to a publike test, by one more printed addresse, sutable to my extremities, and if I must perish (because I cannot, nor will not creaturize, to crouch unto mens corrupt lusts and wills) I perish; but by Gods assistance I shall do the best I can, if it must needs be so, that it shall be with a witnesse. So with my service presented unto you, being desirous to wait upon you at your lodging for an answer, I rest,
So when my Ordinance came to the Lords, they disinabled me to cut down any more timber trees, then what was already fell'd, which I judged fitter for me to content my self with, then to struggle any longer to get it passe, as the House of Commons had sent it up, so, the Lords in two or three daies dispatched it, and sent it down to the House of Commons for their concurrence, according to those abridgements they had made in it, and taking my opportunity to speak to those in the House of Commons, I had interest in, I intreated them to dispute it no more, but passe it as the Lords had gelded it, and accordingly they did, the copy of which thus followeth.
Die Jovis 21. Decemb. 1648. An Ordinance of the Lords and Commons assembled in Parliament, for raising of three thousand pounds out of the sequestred estates and compositions of Sir Henry Gibb Knight, Sir Henry Bellingham Knight and Baronet, and Thomas Bowes Esquire, lying and being within the County of Durham, to be paid unto L. Col. John Lilburne, by the Committee of Sequestrations of the said County, for and towards the reparation and damages of the said John Lilburn, which he sustained by vertue & colour of two unjust Sentences, or Decrees given and made against him in the late Court of Starchamber, the one the 13. of February 1637. the other the 18. of April 1638.
WHereas the cause of Lievt. Col. John Lilburne, concerning two sentences pronounced against him in the late Court of Starchamber 13. February, decimo tertio Caroli Regis, and the 18. April decimo quarto Caroli Regis, (which were voted the 4. of May 1641. by the House of Commons to be illegall, and against the liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall) were transmitted from the said House of Commons unto the House of Lords, in which the House of Peers concurred in judgment, and the 13. of February 1645. declared the said proceedings of the said Starchamber against the said John Lilburne to be illegall, most unjust, and against the liberty of the Subject, and law of the land, and Magna Charta, and unfit to continue upon record, &c. The said Lords and Commons taking into their serious consideration the extraordinary sufferings and barbarous tyranny that by colour of the said unjust Decrees were inflicted upon the said Lievt. Col. John Lilburne, and the long time hitherto elapsed without any satisfaction, do conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore in pursuance of two orders of the House of Commons, one of the 22. of August 1648. and the other of the [Page 33] 5. of September 1648. have ordained, and be it hereby ordained by the Lords and Commons assembled in Parliament, and by the authority of the same, That the said John Lilburne shall have, and receive the sum of 3000. l. to be paid unto him or his Assignes by the Committee of Sequestrations for the County of Durham out of the first profits of the sequestred estates both lands and goods of Sir Henry Gibb Knight, And therefore for the Committee of Durham, who by this Ordinance stand ingaged to pay me my 3000. l. according to the tenure thereof, to suffer Sir Arthur Haslerig [that is no member of their Committee, and so by consequence hath no more to doe amongst them then any other man] by his meer will just tyrant like to take my money. Sir Henry Bellingham Knight and Baronet, and Thomas Bowes Esquire, lying and being in the County of Durham, having been all active in the late Northern insurrections, and aiding and assisting to the most wicked invasion of Duke Hamilton. And the said Committee are hereby authorised to sell all such woods (except timber trees now standing) as may conveniently be spared, and now standing upon the said lands (or already felled) or any of them. And if the said Sir Henry Gibb, Sir Henry Bellingham, and Thomas Bowes, or any of them shall compound for their estate, so much of the said three thousand pounds as then shall remain unsatisfied, shall be paid unto the said John Lilburne, or his assignes, out of their, or the first of their Compositions. And this Ordinance or copie thereof attested under the hand, or hands of the Clerk, or Clerks of one or both Houses of Parliament, shall be a sufficient Warrant to the said Committee of Sequestrations in the said County of Durham, to pay the said 3000.l. as [...]s before expressed, unto the said John Lilburne or his assignes; and likewise to indemp [...]ifie and save harmlesse, all, and every person or persons that shall any way act in the performance of the true intent and meaning of this Ordinance.
With which Ordinance I posted away to you of the Committee of Durham, where as you may remember, I found Sir Arthur Haslerig amongst you, continually sitting with you, not onely as a Member of your Committee of Militia, and of Sequestrations, but also Chair-man to them both; and not only that, but also Lord paramount over you all, doing even what himselfe pleased by meere will, tearing your Orders, rasing, cancelling, and putting in what he pleased; of the most of which I then being an eye-witnesse, I very seriously (as you may well remember) inquired of my Father, Colonell Midford, M. Bra [...], and your selfe, whether by Ordinance of Parliament Sir Arthur was a Member of your Committees? and you all told me no, he was not of either of them; at which I wondered, and stood amazed, that he durst do that which he constantly did, and that you were men of such low and meane spirits, as to suffer him, yea, or to permit him so much as to sit amongst you; but it was replyed to me, as you may remember, how could you help it? for your County was more in slavery then all the Counties of England, never having either Knights, or Burgesses in Parliament, to speak and act there for the welfare of your County, or any that belong to it, and wish'd it well, and besides, Sir Arthur was a great and a powerfull man both in Parliament and Army, and had souldiers enough at his heels: upon all which he bears himselfe so high, that he presumes to do even what he pleaseth, and who dare to controule him? for, hath he not meerly by his will, and of his own Authority laid foure shillings a chaldern Sir Arthurs very excize of coles alone in the two Ports of Newcastle and Sunderland, being commonly by the knowingest Ship-masters, &c. computed to be worth wel nigh a hundred thousand pounds per annum. Excize upon coles? (which at the dearest [Page 34] with you are sold under twenty shillings the chaldern) in which arbitrary taxation not onely all London is concerned, but almost all the Sea and great Townes in the South of England, &c. and yet the City of London it selfe never prosecuted him therfore, no nor so much as complained of him, and therefore much more may he doe what he pleaseth amongst you, who rationally have scarce any means afforded you so much as to complaine of him, much lesse to help your selves aganst him, and therefore you advised me then to heare, and see, and say nothing, but look after my owne businesse, to get that dispatched, which you very well know I fully acquainted your Committee with at Durham, while Sir Arthur Haslerig was there, before whom my Ordinance was read, and approved of without the least exceptions, and the originalls delivered to your Clerke to record in your Journall, and with whose consent and approbation (I meane Sir Arthur [...]) your Committee made this following Order.
WHereas by an Ordinance of Parliament dated Decemb. 21. 1648. it is declared, That Lievtenant Col John Lilburne having had two Sentences pronounced against him in the late Court of Starchamber, Febr. 13. decimo tertio Caroli Regis, and 18. of April, decimo quarto Caroli Regis, which were voted the 4. of May, 1641. by the House of Commons to be illegall, and against the Liberty of the Subject, and also bloody, wicked, cruell, barbarous and tyrannicall, were transmitted from the said House of Commons unto the House of Lords; in which the House of Peers concurred in judgement, and the 13. of Febr. 1645. declared the proceedings of the said Starchamber to be illegall, and most unjust, and against the Liberty of the Subject, and the Law of the Land, and Magna Charta, and unfit to continue upon record, &c. whereupon the Lords and Commons did conceive it most just, equitable and reasonable, to repaire him in some considerable manner; and therefore ordained, that the said Lievtenant-Col. John Lilburn shall have and receive the sum of 3000.l. to be paid unto him, or his Assigns, by the Committee of Sequestrations for the County of Durham, out of the first profits of the sequestred estates, both lands and goods of Sir Henry Gibbs Knight, Sir Henry Bellingham, Knight and Baronet, and Thomas Bowes Esquire, lying and being within this County of Durham, having been all active in the late Northern Insurrections, and aiding and assisting to the most wicked invasion of Duke Hambleton, in obedience unto which said Ordinance, it is this day ordered by the Committee of Sequestrations for this County, That the said Lievtenant Colonell Lilburn or his assigns, shall and may, and hereby is authorized to go to the severall Tenants and Creditors of the said severall Delinquents, to demand and receive the severall rents, profits and debts, due to each or any of them, for and towards the payment of the said three thousand pounds, and his or their receipt shall be their sufficient discharge, and the said Tenants, Farmers, or Creditors, are presently, or within 14. daies after, to send copies of the said receipts, to this Committee; and the said Lievtenant Colonell John Lilburn, is from time to time to certifie this Committee, the manner of his proceedings herein, and he is also authorized hereby, to go and repair to Henry Young, Banchman of the Collyery of Carterthorn, or to his Deputy or Deputies, and fully to enquire and inform himself of the true estate and value of the said Collyery, as relating to the said Mr. Thomas Bowes; As also to repair to the Iron Mill and Furnace at Hunwick and Witton, and there to take a true and perfect account, and Inventory, of all the Stock, Implements, Ʋtensills, and necessaries, and of all profits and advantages arising, growing or coming thereby, unto the said Mr. Thomas Bowes, and speedily to certifie this Committee thereof, also to summon, John Hodgson Steward of the Iron works at Witton, [Page 35] and the said Henry Young, to be before this Committee at Gatshead, upon Wednesday next, to give in and testifie their knowledge, touching Mr. Bowes his interest, in the said Iron works and Collyery.
By vertue of which Order, my Father and my self went to the Tenants of the three forementioned Delinquents, as also to the foresaid Young and Hodgson, which Young and Hudgson according to the aforesaid order appeared at Gateside before Sir Arthur Haslerig, and your said Committee of Sequestrations unto whom I punctually gave an ex [...]ct account of Mr. Bowes his [...]oles at Karterthorn, and his Iron Mill and Forge at Hunwick and Witton, upon which the foresaid Stewards were examined what they conceived M [...]. Bowe [...] interest in the said Colepits and Iron Mill to be worth, and after they had given in their Verdict and opinion, the said Committee of Sequestration sold (with my good liking) the said Bowes his interest to Sir Arthur Haslerig, for 400. l present money, upon his ingagement to pay it me at London, (which he did) within the compasse of about a moneth after, as part of my 3000. l. and I also received then in the Countrey of the respective Tenants & [...]. of the foresaid three Gentlemen, betwixt 100. and 200. l. ready money, all which I certified your Committee of at Durham, and by [...] speciall order, delivered to their Clark and A [...]itor copies of all the discharges I had given the severall Tenants, who comparing them with the respective rentalls and deductions for assessements and free-quarter (the originalls of which they had by them) did audit my accounts, and gave me a discharge under b [...] [...] hands upon the eighth day of February, 1648. si [...]ned Isaac Gilpin Cler. Com Ex [...] per Ca [...]hl [...]t Haw [...] ▪ Auditor, so that now I have from step to step shewed you my right and ti [...]e to my 3000. l. which is not ab [...]ne o [...] gratuity given me, [...]as some men imagine by the Parliament, but the issue and product of severall legall Parliamentary judgements judicially given me for damage sustained in body, estate, and losse of time and trade, by illegall unjust decrees made and given against me, which Parliamentary judgments and decrees of mine, and some of them of eight years standing, before any warrs or [...]ar [...] betwixt the King and Parliament, others of 5 and 4. years standing, while the Lords and Commons were a free, just and unquestionable Parliament, in the [...] opinion of all the Parliamenteers in England, others of my decrees and judgements meerly in confirmations of the former, of 3. and 2. years standing, while [...]th Houses were commonly received and owned for an unforc [...]d, unpurged, and unravished Parliament; and the very last passing of my Ordinance was, by both Houses before the Lords dissolution, or the Kings beheading, whose death in Law unquestionably put a period to the Parliament.
In most of which judgements,For full pre [...]se of which assertion, read my arguments [...] the second edition of my book of the 8. of June 1649. in [...] ted, The legall F [...] [...] [...]ill Liberties of the people of England revived, pag. 55. 56 57. and Mr. William P [...]ins a [...] ments in his late book, [...] the illegall tax of 90. thousand pounds per annum. pag. 3. 46 47. Sir Arthur Haslerig was one of the [...]udges, I am sure of it eminently in some of them, and who was one of those that was active in putting me into a quiet, just, and legall possession (for so it was eminently up in his own principles) of my long strugled for, and dear bought right, unto which in the strictest eye of God or man, I have as true a judiciall legall right unto, as either he or you have, or ever had, to any cloaths you wore in your lives, and therefore Sir I may well call it theft in him, in stealing my goods or moneys from me by will and force, just like a cutter upon the high way, yea and by his own and the late Parliaments principles, treason it self, in disp [...]ssessing me of my legall and just come by estate, without any manner of proceedings is Law; yea or so [Page 36] [...] [Page 37] [...] [Page 36] much as upon any proceedings upon a paper Petition, or so much as ever summoning [...] to answer for my self, or to know what he had to lay to my charge, as a colourable pretence to take it away from me: it is impossible for him to plead ignorance of my right, he having as is before truly declared, been privy to all the circumstances of my just proceedings, yea as I understand, my Father did not a little plead my right with him, and produced my Ordinance &c. to his face to maintain it, when he took it away, which notwithstanding he valued not, but most maliciously, premiditately, and in despite and contempt of the Law of England, and most trayterously in subversion thereof, hath exercised an arbitrary and tyrannicall power over and above the Law, in his taking it away, for which felonious and trayte [...]ous Action of his, by Gods assistance I will stick as close to him, as ever his shirt did to his back, or as ever I did to the Bishop of Canterbury, who for lesse villanies then his, I saw lose his head as a Traytor upon Tower Hill.
Sir, the late King hath lost his head by Sir Arthur and his associates for tyranny, in advancing his will above the Law of England, as in his impeachment, printed at the last end of my late Impeachment of Cromwell, you may read pag. 57. 58. And yet I am sure he formerly, and (for any thing I groundedly know to the contrary) legally impeached Haslerig of high Treason, and yet never pretended any right to a penny of his estate before conviction, but Haslerig nor any body else never laid any crime in the world to my charge, either of Treason particularly, or of Felony, or Misdemeanour, or any thing else, and yet hath seized upon my estate, without any pretence or shadow, or colour of Law.
And that the King impeached him, you may read in 1. part Parliament. book Decla. pag. 34. 35. which verbatim thus followeth.
Articles of high Treason, and other Misdemeanours against the Lord Kimbolton, Mr. Pym, John Hampden, Denzill Hollis, Sir Arthur Haslerig, and William Strode, being all Members of the House of Commons.
- 1. That they have trayterously endeavoured to subvert the fundamentall Laws and Government of this Kingdome, and deprive the King of his legall power, and to place on Subjects, an arbitrary and tyrannicall power.
- 2. That they have endeavoured by many foul aspersions, upon his Majesty and his Government, to alienate the affections of his people, and to make his Majesty odious to them.
- 3. That they have endeavoured to draw his Majesties late Army to disobedience to his Majesties command, and to side with them in their trayterous design.
- 4. That they have trayterously invited and incouraged a Forraign Power, to invade his Majesties Kingdome of England.
- 5. That they have trayterously endeavoured to subvert the very rights and beings of Parliament.
- 6. That for the compleating of their trayterous designes, they have endeavoured as far as in them lay, by force and terrour, to compell the Parliament to joyn with them in their trayterous designs, and to that end, have actually raised, and countenanced tumults against the King and Parliament.
- 7. That they have trayterously conspired to levy, and actually have levied warr against the King.
[Page 37]And therefore the premisses duly considered, Haslerig hath dealt more unjustly, more illegal [...]y and more unrighteously with me, then ever the King dealt with him, or his Associates, and therefore as a Tyrant and a Traitour he ought to die therefore upon his own practised and declared principles. But moreover, although the King formally and for any thing I know to the contrary, Parliamentarily impeached him as a Traitour, and yet for all that never sought for or challenged any of his money, Lands, or Goods, untill he were Legally convicted: and yet by the Parliament it self it was looked upon for such a violation of the Law (because it was not as they pretended formall in every punctilio according to the Law) as occasioned the highest Declarations against the King that their pens could invent, with aggravation upon aggravation, and no personall recantatation from the King himself could serve their [...]rn ( [...]he illustration of which you may notably and fully read in the 2 Edition of my book of the 8 of June 1649 pag. 12. 13. 14. 15. 18. 19. 20. 21. 'till they had made it the first declared occasion to ki [...]dle the flames of all the 'late eight yeers cruell warres in England: yea and for it, and such like as it, at the conclusion they took off the Kings head as a Tyr [...]nt, 'for that he had set his will above the law [...]y which he ought to have governed, as appears in the first Article of his impeachment, Therefore let Haslerig look to himself; for I do b [...]leeve if he or hi [...] bloodthirsty associates should murder me, yet God out of my ashes, would raise up some vigorously to endeavour to bring h [...]s neck to the gallows, or his head to the block for his Tyrannies and A [...]bitrary dealing with me, and for my part so long as I have bre [...]th (by the gracious assistance of God) I shall not bate him an [...]ce although I perish in the prosecution of him, let him and all his associates do the worst they dare or can.
And therefore Sir, I most earnestly beg of you, to intreat my Father to pluck up so much courage, as truly and exactly to state the present condition of my businesse with Haslerig, and send me an exact Narrative of it from the beginning of Haslerigs medling with it: and also I intreat you your self, to certifie me (if you dare) under your hand, the manner and particulars of all his arbitrary dealings with your particular self, and your Committees &c.
And whether that he himself were not the absolute and single Instrument, that caused you and my Father for your publike and known good affection to the Commonwealth and nothing else, to be turned out of the Commission of the Peace, &c. And when he had so done, whether he alone by his meer Will and Prerogative did not name Master Henry Draper, and caused him to be made a Justice of the Peace, &c. although as I am credibly and certainly informed, he was a notable Cavalier, and had a Commission from the Earle of Newcastle, and not three months before HASLERIGS making him a Justice of Peace, he had paid part of his Composition to HASLERIGS own particular hands or his Treasurer by his order and appointment
And whether he did not also lately name, and by his Prerogative will put in Sir Richard B [...]ll [...]s for another Justice of Peace for your County, who to my own knowledge was about my last being in your County found and proved a Delinquent; Sir Arthur himselfe being one of his chiefest Prosecutors, and stands sequestred as a Delinquent Cavalier to this day?
And whether he did not lately the same to Sir George Vane, who you may remember at the Committee betwixt you and John Blaston, and his Cavalier brother in Law, Mr. Shadforth, where Sir Arthur (at Westminster in Febr. last) sate Chairman? I offered before Sir Arthurs face, and all the rest of his fellow Members to prove Sir Georg [...] Vane a Cavalier; and to have been actually in Arms with the King at Edge hill and also opened to Haslerigs face, and the whole Committees, Haslerigs base and partiall dealings in [Page 38] the North, in contradicting the Orders of your Committe of Sequestration, and racing out of their Orders what he pleased in the case of Shadforth and your self, and putting in what he pleased, yea and against the Order and mind of the Committee would have i [...] in his pa [...]ticular Order to passe for your and Shadforths drawing stakes (to the great intentionall cheating and cozening of the Common wealth, after Shadforth was fully proved a Delinquent upon the 14. Articles, and to save himself had impeached you (who desired nothing but a fair and judiciall triall) to be another; of which false Charge, since as I understand, for all Haslerigs and John Blastons power and malice; The present Jancto hath fully [...] you, which Shadforth by his meere will as I understand he hath since made a justic [...] of peace &c. as also Colonell Francis Wren: who he himself knowes, was most basely and vildly, in the head of his Regiment in Scotland, cashiered, by his friend Cromwell for a desperate plunderer &c. And all th [...]s he hath done as to me clearly appears, that he may rule and govern you by his will and pleasure, and have none in power that shall dare to controul him, or to tell tales of him: of which rather then he will faile, hee will against his owne declared Principles, and the 'Ordinances of Lords and Commons, yea the acts of the present Juncto make use of the notablest Cavaliers amongst you to be your principall governours, and more especiall Rulers and yet lately would have hanged me for but appearing corresponding with the Princes Agents, of wh [...]ch he was so zealous to take away my life for that rather then he would fail, he &c. attempted to bribe and hire false witnesse to swear against me: declaring bare correspondency with the Prince his Agents to be crime enough to take away my life, as is truly noted and declared before pag. 7. 8. 9. 10. 'O brave Arthur; whom for his base and villanous wicked dealings with me &c. I hope not onely to scare but also really to scourge, and thereby put him into a greater fright, then he was in when the Earle of Stamford (a lesser man then himself) tamed him as he was going to his house nigh Islington, although he had his sword by his side; of which a few days after like a poor cowardly School boy, with little better then his finger in his eye, he complained of to his Masters or Associates in the House of Commons.
And as for your desire in your letter, for me a few dayes to come downe, to look after my owne businesse my selfe.: I cannot but return you this answer. First, If I would I cannot, for I am not absolutely at liberty as you suppose, onely I have liberty upon the day time to go see my distressed wife and family, which I procured not upon a petition to the house '(as their Friday Newes-monger Henry Walker that lying and base fellow with other falshoods about me hath lately printed) but upon a letter the Copy of which thus followeth.
For my honoured and noble friends, the Lord Grey of Groby, Colonel Henry Martin, Col. Francis Russell, Capt. Fry or any of them these present.
A Greater triall then ever I had upon me in my life, forces and compells me to bee troublesome unto you, or else I should not have presumed to have put you upon so unwelcome an imployment as to make a publike Motion for a man so despicable and obnoxious to the eyes of the great men in present power as I am; but necessity hath no Law, and therefore I must acquaint you, that the over-ruling disposing hand of him (that without whose over-ruling providence, the meanest hair of my head shall not fall to the ground) hath so pleased to lay his visiting hand upon my eldest son by a violent sicknes for this 3. weeks, and my selfe being very dear to the poor boy continually [Page 39] in his sicknes to the exceeding spending of his spirits) CRYED OUT TO SEE HIS FATHER OR BEE CARRIED TO PRISON TO HIM, and upon Saturday was sevennight, my child being very ill all night, crying scores and some hundreds of times for his Father to come to him, the knowledge of which in the morning very much pierced the bowels of his tender mother, and supposing that if I could be got to come and see him, it might much refresh his spirits, and so ease the child of some of his extremitie of pain; Upon Lords day after in the morning in little better then half a distempered condition, she posted away to Mr. Holland to Sommerset house, and with teares begged him to get me two or three daies liberty upon my Paroll to come and see him, knowing he had if he pleased power enough to get it done, and have since again and again sent to him, but all in vain; Truly Gentlemen I have often mused upon that saying of the Spirit of God, Prov. 12.10. That the tender mercies of the wicked are cruelty; but that the tender mercies of men professing God, godlinesse and a publike Reformation of tyranny and cruelty, should be so full of Barbarisme, as to TORMENT THE POOR CHILD, FOR THEIR INDIGNATION AGAINST ME HIS FATHER, is that that [...] m [...] and amazeth me, and makes death more desirable to me (fully knowing in whom I do [...] beleeve) then to live under such mens Government. Sure I am the B [...]SHOPS in the days of the highest of Lands Tyranny, had more bowels of compassion in [...]em to men in my case, as I could instance; and all my torments suffered by then I can never equall to this. But how-ever, I must be patient, although my poor B [...]be [...] lain in the height of torment till this afternoon, with HIS ABSENT FATHER CONTINUALLY IN HIS MOUTH, so long as he had strength to speak of me, [...] whose sorrows and miseries, with both my other childrens falling sick upon Sunday [...]st, of the small Pocks (the youngest of which sucks its mothers brests) hath so overwhelmed her spirits, that yester-night it brought her close to deaths doo [...]; Of which, when I understood to day, I posted away to you four, to BEG AND BESEECH YOU, or any one of you, at this great strait, to make a Motion openly in your House, [...] little liberty for me to go see my distressed Wife and Children. I CONFESSE I SHOULD NOT HAVE PUT YOU TO SUCH A TROUBLE FOR THE SAVING OF MY OVVN PARTICULAR LIFE; But your House being risen, the messenger brings me tidings of the death of my poor babe, and the exceeding i [...]lnesse of my Wife, and her exceeding desire to see me in her great distresse. Therefore I earnestly beseech you, as bowels of men dwell within you, to make an effectuall and speedy Motion in your open House, for a few dayes liberty for me to go see my distressed Wife, giving satisfactory Security to the Lieutenant of the Tower for my faithfull return at the hour appointed. Make your own terms as strict as you please; FOR THOUGH I LIE IN A DUNGEON IN FETTERS OF IRON AT MY COMING BACK, I care not, so I may but see her. So, with my reall Service presented to you all four, craving your pardon for my troubling of you for a Motion in your House, which I know cannot be pleasing to you, I take leave to rest,
[Page 40]Upon the delivery of which said Letter to Col. Henry Martin, (the other three which it was directed to, being out of Town) he procured this following Order.
ORdered by the Commons assembled in Parliament, that the Lieutenant of the Tower of London, permit Lieut. Col. JOHN LILBURN to go out of the Tower, to visit his Wife and Children, being sick, upon such security (as the Lieutenant of the Tower shall think fit) to render himself again to the prison of the Tower.
Secondly, Being as I am, although my not coming down would lose me six times as much as Haslerig hath a ready seised upon; yet could I not be free in my own spirit (against the dictates of which I will not go for all the world) to addresse my self to those men for liberty to come down; no, nor so much as give my consent that any other shall do it for me.
But thirdly, If I were absolutely at liberty, I should scarce judge it either wisdom or discretion, to come immediately under the armed power of a man that hath so thirsted after my blood, and dealt so illegally and barbarously with me as Haslerig hath done, in the face of the throng of my friends: and without all question he that at London (where I have more friends then Haslerig himself) will not stick to run the hazards of going so many indirect wayes to work, to take away my innocent life, will make no bones (himself) to knock my brains out, could he catch me in the remote clutches of his armed mercenary power at New-castle, far off from the throng of my friends. So with my true and obliged love and respect presented to your self, and my Ant your second self, I heartily commit you to God, and rest: