TRue friend, after my reall respect presented unto [...]ou &c. I desire in informe you [...] that I am told, you are very much troubled at my proceedings with the Committee of the House of Commons, upon Munday, the 8. of Feb. 16 [...]6. That after I had stood so stifly at the beginning with them, upon the Lowes, Rights and priviledges every free man of the Kingdome, that I should undoe all, and [...]ny fi [...]me hold goe, by answe [...] [...]g at last to their Interrogatories, by which you say, I updid all I had done, and went against m [...] [Page 2]owne declared principles, and not only so but by owning my book, have exposed my selfe to a gre [...] deale of hazard and danger, which I might easily have avoyded, if I had not answered their In­terrogatory.

Vpon serious consideration hereof, I judge my selfe bound in duty to my selfe, to write these lines unto you, for your satisfaction, and my own vindication, and therefore I shall begin to gi [...] you so true and reall a Narrative of my whole proceedings with them, as the utmost of my memory will inable me, part of which you your selfe were an eye and eare witnesse unto, and it was in this manner. About 9. a clock upon the foresaid Munday, Lewis a servant to the Sergeant at Armes, came to my lodging in the Tower, and shewed me a Warrant he had to take my wife into safe [...] ­stody, for dispersing some of my last bookes, and I told him it was very hard, for any Committee of Parliament, to send forth a warrant to make my wife a Prisoner, before they had heard her sp [...] for her selfe, or so much as summoned her to appeare before them, and I plainly told him it was was more then by law they could justifie, but how ever, I bore so much honourable respect unto the House of Commons, and all its Committees, that I would not perswade my wife to conte [...] their warrants, but if he pleased to take my word for her appearance, I would ingage my life for her, that she should be punctually at the houre appointed, to waite upon the Committee to know their pleasure: which ingagement he was pleased to take, but withall told me, he had brought [...] warrant to the Lieutenant of the Tower, to carrie me before the Committee at two a clock in the afternoon, but I told him, unlesse I see and read the warrant, I should not goe, but by force [...] compulsion, and [...]refore if he pleased to goe with me to the Lieutenant, and get him to let me read the warrant, I should readily obey it, which he did accordingly, but time being very short, I considered with my selfe what was most fit for me to doe, for I assured my selfe I was to goe before those, divers of which, would bend all their insensed mallice and indignation against me, and make use of all their power and wits, to intrap and insnare me, and therefore, I listed up my soule to my old and faithfull Counceller, the Lord Jehovah; and in my ejaculations, pressed my Lo [...] and master, with a great deale of grounded confidence and cleernesse of spirit, to declare and mani­fest his faithfullnesse, in being present with me, to counsell, direct, incourage and stand by me, according to his promise of old (made unto me) in the tenth of Matthew, and to his praise and glory I desire to speake it, he presently came into my soule with a mighty power, and raised me high above my selfe, and gave me that present resolution that was able to lead me, with a great deale of assured confidence to grapple with an whole host of men; But in my owne spirit I was led present­ly to take care, to doe something for my wife as the weaker vessell, that so she might not be to see [...] in case she were called before them, and for that end, I drew her presently up a few lines, which I read unto her, and gave her instructions, that upon the very first question they should aske her, she should give them her paper, as her absolute answer to their question: unto which she readily assen­ted, and set her name to it, which verbarum thus followeth.

And having finished hers, and taken care to get a copy of it, I begun to thinke what to doe fo [...] [...]y selfe, and being very confidently perswaded, that they would shew me my book, and aske me if I [...]ould owne it for mine, because this was their method the last yeare with me, as you may fully [...]ad, in a printed Epistle I writ to you last yeare, when I was a prisoner under the S [...]rgeant at Arms [...]f the house of Commons, which Epistle is dated Iuly 25. 1645.

And in my answer to William Prinus notorious lyes and fal [...]hoods,Which he was so [...]ree of, that he did print 13, or 14 in [...]ight lines, as you there may read, pag. [...], 5, 6. see also pag. [...]5. [...]him. called Innoceney and truth iustified, pag. 6. 13, 14. 15. 16.

And therefore I fell to my pen and [...]k [...], but before I had writ a quarte [...] of that I intended, my selfe to give into the Committee, my keeper came, and told me it was paston [...] a clock, and therefore full time for us to be gone, being we were to be there by two, and in regard it was so very cold, we marched all the way by land, and comming to the outward Court of of wards before the. Committee said, I fell to perfect what I had be­gun, and as I was at worke, out came to me a Citizen and told me there was a young Gentle-man in a for [...]acket who looked something a squi [...], pressed with a great deale of cho [...]er and indignation, that I might be imediately called [...] to answer for my notorious crime, or writing the Oppressed mans oppressions declared, which I say [...] a book of truth and honesty, and [...]st as I had done, I was called in before the Committee, wh [...]e I found (as I conceived them) [...] [...]reat many of the little better then the evish catch-poule Stationers, whose trade it is for divers of [Page 2] [...] [Page 3] [...] [Page 4]them illegally and little better then felloniously, to breake open honest mens houses and I [...] Theeves and Rogues, carry away their true and proper goods,As lately whit taker the Book-seller, &c. did mine the other day, loading away 3. Porters with my pro­per and truly come by goods, for which by Gods assistance I intend to arraign them as fellons, and hang them if Law will doe it. and a very large company of Par­liament men, as ever I see at a Committee to my remembrance before, and looking well abou [...] me, the most of them were to me men of new faces, and one of them appeared to me, to be one of Pryns infants or Minors, not above 18. yeares old as I conceived, but amongst them all I see not the face of one of my old acquaintance. And after I had [...]endered my respects to Mr. Corbet, the Chair-man thereof, he took a little book and read the title of it, The Oppressed mans Oppressions declared, &c. and also turned to the last end of it, and read the conclusion, which was subscribed Iohn Lilburn Sem­per idem, and told me he was commanded by the Committee, to ask me this question, whether I would own that book for mine or no? unto which I answered. Sir, with the favour of this honourable Committee, I shall humbly desire to speake a few words, well said Mr. Corbet, answer to the question,

Sir, said I, if you please to give me leave to speak, well and good, if not, if you please to com­mand me silence I shall obey you. Saith he the question is but short therefore answer to it, either I or no, Sir said I, I am now past a schole boy, and have long since learned to say my A, B, C, after my master, but have now attained to a more ripe understanding, so that I am now able to speak without being dictated unto what I should say, and therefore if you please to give me leave to speak my own words in my owne manner and forme, well and good, if not, I have no more to say unto you: Sir saith he, the question is but short, therefore you are commanded to give a possitive answer to it, unto which I replyed, Sir if you will not let me speak my owne words, in my owne way, I will neither tell you, whether I will owne it or disavow it, and with that he took his pen and writ part of what I said, and read it to me. Sir said I, what you have writ, is not full what I said, and therefore if you please to give me pen, inke and paper, I shall write what I said my selfe, and set my hand unto it, which he refused, but divers of the Parliament men, pressed him to keep me to the question. Vnto which I said, Gentlemen, if you please to give me leave to speak, well and good, if not lets come to an issu [...], and command me out of doores, for I will not answer you till I have free liberty to speak, upon which one or two of the Committee said, let him speak, but saith Mr. Corbet, if after you have liberty for to speake, will you returne a possitive answer to the que­stion? yea, Sir said I, that I will, well then speak said he speak. Sir said I what I have to say, is in the first place, in reference to the house of Commons, for apprehending with my selfe, that my carriage and speeches this day before the Committee, may be represented to the honourable House of Commons, to my detriment and dammage, I therefore judge it convenient for me to fortifie my self as wel as I can, and therfore I desire humbly to declare; that I own the constitu [...]ion of the hono­rable house of Commons, as the greatest, best, and legallest interest, that the Commons of England have for the preservation of their Rights and Liberties, and I doe not only owne their constitution but also I honour their authority and power, and the power and authority of all Committees, le­gally deriving their power therefrom, and shall readily and cheerfully, yeeld obedience to all their commands, provided they act according to the rules of justice, and to the good knowne lawes of the hand, but not otherwise.

And in the second place, I desire to speake a few words of my thoughts of this Committee, but I was exceedingly interrupted, not only by the Chairman, but also by other Members of the House, and very much pressed to give an answer to the question, which made me say, Mr. Corbet, if you please to let me goe on in my own way, well and good, if not I have no more to say to you, for I came not hither of my owne head, to make a complaint unto you of my own, but I was sent for by you, (as I conceive) in a criminall way, to answer something before you in which regard, it be­hoves [Page 5]me to stand upon the best guard that either law, reason, or judgement can furnish me with, and being that I apprehend, I am so much concerned in my present appearance before you, it excee­ding much concernes me, to be very considerate and wise, in managing my businesse before you, therefore i [...] you please, let me goe on to speak out what I have to say, and I thinke in conclusion, I shall give you as possitive an answer to the question as you desire.

So up stepped a welsh Gentleman, one Mr. Harbert, as I remember his name, & desired Mr. Corbet to let me speak on for saith he, you hear him promise to give you a possitive answer to your question.

Well then saith Mr Corbet, but will you as soone as you have spoken give a possitive answer to the question? Yea, Sir said I, (and clapt my hand upon my breast) upon my credit and reputation will I, then goe one saith he.

Well then Sir said I, two words concerning this Committee, and that at present I have to say is this, that I looke upon this Committee, as a branch deriving its power from the House of Com­mons, and therefore honour it, and I looke upon you in the capacitie you fit here, as a Court of justice, and I conceive you look upon your selves in the very selfe same capacity, but in case you do not, I have no more to say unto you, neither if ye be not a Court of Justice, doe I conceive have you in law, any power at all to examine me. But none of them replying upon me, made me take it for granted, they took themselves for a Court of justice, and therefore I went one and said, if you so doe, that is own your selves for a Court of justice, then I desire you to deale with me as it doth become a Court of Justice, and as by law you are bound, which is to let me have a free, open, and publique hearing. For Gentlemen, you have all of you taken the Covenant, in which you have lifted up your hands to the most high God, and sworne to maintaine the lawes of the Land. And it is the law of the land, that all Courts of Justice ever have been, are, and ought to be held openly and publiquely, (not close like a Cabinet Counsell) from whence no Au­diters are, or ought to be excluded,See Mr. Pryns re­lation of Colonell Fines his tryall, pag. 11. 12, 13. and Re­gall Tyranny disco­vered, pag. 81. 82. 83. and therefore as you would not give cause to me to Judge you a company of forsworne men, I desire you to command your doore to be opened that so all the people, that have a mind to heare and see you, and beare witnesse, that you proceed with justice and righteousnesse, may without check or comptrole, have free accesse to behold you, they behaving themselves like civill men. But here arose a mighty stir by some Parliament men, who declared, fiery indignation in their very countenances against me, but especially, a Gentleman that sa [...]e on the left hand of the forementioned Gentleman in the fur jacket, who pressed vehemently to hold me close to the question, and keep to their Committee proceedings, but truly I conceived the Gentleman to be but a very young Parliament man, and one that neither had read, nor understood the lawes of England, and therefore Sir said I to him, to stop your mouth, I tell you, I blesse God, I am not now before a Spanish Inquisition, but a Committee of an English Parliament, that have sworne to maintaine and preserve the lawes of the Kingdome, and therefore Mr. Corbet, I know you are a Lawyer, and know and understand the lawes of the Kingdome, and I appeale to your very consci­ence, whether my desire of an open and publique hearing, be any otherwise then according to Law, sure J am Sir, it was the constant practise of this very Parliament at the beginning thereof that in all their Committees whatever, where they sat to heare and examine criminall causes, that they alwayes sate open, and I speake it out of my own knowledge, that you were then angry with any man amongst your selves, that did presse or move that you might fit in a cabinit and clande­stine way, and truly Mr. Corbet, I thinke this Committee would take it very ill at my hands, if I should affirm you are more unjust & unrighteous now, then you were at the beginning, for I my self, had about halfe a score publique hearings at a Committee about my Star-Chamber businesse, and therefore being now before you, upon a businesse in my thoughts, of as much concernment to me as [Page 6]that was: I beseech you, let me have the same fare and just play now, that then I had, and give for t [...]e [...]ust cause to me and others, to say your actions and proceedings are unrighteous and u [...]ost, and therefore you sit in holes and cornt [...]s, and dare not abide the publique view of your actions, which will be too cleer a demonstration to all the world, that your deeds are evill, Iohn, [...].10.21. Well Sir said Mr. Corbet, here is company enough to heare you, therefore you may goe on, true is is Sir, here is enough of my enemies, but I see never a one of my friends: therefore if your please to command the doore to be s [...]t wide open, well and good, if not will not say one word more unto you, so I was commanded to withdraw, which I did And being called in againe, Mr. Corbet told me, be was commanded by the Committee to aske me the question againe, whether J would owne the took of no [...] But I told him I was the same man now, that I was when I withdrew, and therefore I said nul [...]le they would command and order the doore to be openned, that every man that had a mind to co [...] in, might come in without let or molestation, I would retur [...] a [...] ans [...]er i [...] all.

With that one of the Gentlemen said, the doore is open, and so it was, and whether they had gi­ven a private Order to the doore keeper so to doe I know not. Well Mr. Corbet said I, it is not an accidentall or casuall openning of the doore will serve [...]oy turn, but an orderly and legall openning of it, as that which ought to be done of [...]ight and justice, and therefore Mr. Corbet, if you please as you are Chair-man of this Committee, to command the do [...] to be set and stand wide open, I shall goe on, it not, I shall be silent.

Well then doore keeper (saith he) set open the doore, now Sir said I, with your favour, I shall expresse my selfe a little further to this Committee, whereupon I openned a written paper I had in my hand, and began to looke upon it, but Mr. Corbet told me, the question was so short, that it nee­ded no long answer to it, and therefore I might spare the labour of using my paper Good Sir saill, beseech you, afford me but so much priviledge as you doe every ma [...]cena [...]y Lawyer, that pleads his Clients cause for a fee before you, to whom you never deny the benefit of pleading by [...]lse help of his notes or papers, and I know no reason why I should be denyed the same priviledge in my own case, and therefore I humbly intreat you, to afford me the benefit of looking upon my own paper, but said Mr. Corbet, how came you to write these paper? did you know before hand what we would say to you? O Sir said I, you may remember I was severall times before you in this manner the last year, and very well remember the method of your illegall proceedings with me then,Which you may fully read in the forementioned E­pistled [...]ited Iuly 25. 1645. and lanocen­cency and Truth ju­stified. and being by you summoned now again to come before you, I eid very strongly conjecture, that you would tread in the method of your old steps of Interrgatones, and therefore I judged it but wisedome and foresight in me, to sit my selfe for you, and accordingly I have writ down the substance of what I haue to say to you in this paper, saith Mr. Corbet, give me the paper and we will consider of it, no Sir said I, I beseech you ex­cuse me, for you have been so hasty with me, that I had no time to copy it over, and I doe not love to part with my papers in this nature, without keeping copies of them, but if you please to let me goe on, either to read it to you, or to say it by [...]eart to you, now and then looking upon it I shall very willingly give you a true copy of it under my hand. I pray you Mr Corbet, said the afore mentioned, Mr. Harbert let him goe on, which he as­sented unto, and I purposely past over the preamble of it, having already as I told them touched upon it, and begun in that place, where mention is made of the Star-Chamber. With which Sir William Stri [...]kland interrupted me, and laid Mr. Corbet, I doe not like nor approve of raiking up these things, much lesse in comparing us to the Star Chamber, therefore I wish Mr. Lilburne would be perswaded to forbeare these dishonourable expressions, for they are not handsome. Good Mr. Corbet J beseech you heare me a little, for under Sir Williams favour, I doe not compare you to the [Page 7] [...]ar Chamber, but if you would not be compared unto it, then you must not walk in its unjust, [...] illegall ways, but Sir said I, for Sir Williams further satisfaction, I desire to let him know, I doe [...]onour the true and just power of the House of Commons, as much as himselfe, and have adven­ [...]ed my life and blood, for the preservation thereof, as cordially, really and heartily, in the single­ [...]sse and uprightnesse of my soule, as any man that at this day sits within the Walls of that house, [...]ha [...]ver he be, and I have still the same love and affections, to the just interest of that house, and [...]e same zeale to maintaine it that ever I had, and it doth not in the least repent me of what J have [...]merly done or suffered for it, though I thinke by their late dealings with me, I have as true and [...]ounded cause admin [...]stred unto me by them, to repent, as any man in England either hath or ever [...], & therfore Sir, under your favour, although I be very unwilling like a simple man, to part with [...]y just & legal rights to this Committee, a branch of the Honourable House of Commons, it doth [...]o [...] in the least therefore follow, that I am disaffected or dis [...]spective of the just interest & power of [...]e House of Commons, but rather it doth follow, that I am the same man now that eve [...] I was be­ [...]re. & Sir under your favour I tell you, it is neither for the honour, interest nor benefit of the house [...] Commons, for any of its Committees, to swallow, down or destroy, the publique interest and li­berties of the people, the preservation of which, (by their owne Declara­tionsSee the Oat cryes [...] Oppressed Com­ [...]ons. pag. 4, 5. 6. [...] and Regall Ty­ [...]nny pag 33. 34. [...]. 72. 73.) being the principall end wherfore the people chuse and trusted them to sit where they doe, and therefore Sir, I pray you, let me goe on, which was granted, but before I could get through my paper, there was a grea [...] hurly burly amongst the Parliament men, being extreamly netled at my par per which many of them expressed in their speeches to Mr. Corbet, and desi­red him to silence me in the way I then was in, and hold me to the question. Gentlemen said I this is very strange proceedings, that you will neither let, [...]e alone, nor let me speake. Be it knowne unto you, that I conceive J stand in need neither of mer­ [...] nor favour [...]om you, but only what reason, Law and justice affords me, neither doe I crave any [...]her priviledge at your hands, but what the E [...]rle of Strafford injoyed from you, (although you [...] selves judged him the greatest of offenders) which was a free and uninterrupted liberty to [...]k for himselfe, in the best manner he could, and to make the best defence for himselfe, that [...]ssible all the wit and parts he had, would inable him to doe, and sure I am this is a priviledge due by law to every Murtherer, Rogue, & Theese, [...] See 1. H. 7. sol. [...] in S [...]r Humphe­ [...] Straffords case. which I am sure the ar­rantest Villaine that is arraigned at Newgate Sessions (for the no [...]orioust of crimes) injoyes this priviledge as his right by law, to speake his owne words, in his owne manner, for the best advantage of himselfe, to his own understanding, and it is very strange to me, that I who am after man of Eng­ [...]ed, and am not conscious to the committing of [...] crime against the Law, shall not be suffered by a [...]ittee of Parl [...]ament, that have solemnly swor [...] to maintaine the lawes, to inioy that legall pri­ [...]ledge to speak my owne word, in my owne manner, for my most advantage and best defence, that is [...] nor legally, nor cannot be denyed, at any Assizes, or Sessions, to the most capitall, bloody, and a [...]r [...]n­ [...] Rog [...]t in England. Truly Gentlemen, I must plainly tell you, I never was convicted of any crime [...], that did in the least disfranchise me of my hereditary and legall Rights and Liberties, nor [...]er was legally in the least made uncapable of injoying the utmost benefit and priviledge that the [...] of England will afford or hand out to any legall man of England, But have at your command, [...]y times and often adventured my life and all that [...] had in the world, l [...] the maintenance and pre­ [...]ation of the lawes and liberties of England, with as much uprightnesse of heart▪ and as much man [...] [...]rrage, and resolution, as any member of the House of Commons what ever he be, and therefore I tell [...] before this Committee, or any power in England, what ever it be, shall rob me of my just ex­ [...]ed recompence of reward for all my labours, travels and hazards (which recompence of re­ward [Page 8]is the injoyment of the just pri [...]iledges and benefits of the good lawes of the Kingdome, I will spend my beart blood against you, yea, if I had a million of lives, I would sacrifice them all again [...] y [...], and therefore seeing you have all of you solemnly lifted up your hands to the most high God: and sworne to maintaine the Lawes of the Kingdome, I desire you for your owne credits [...]ake, to deale with me so, as not to give me to just cause, to avouch it [...] your faces, you are a company if for­sworne men, and so to publish & declare you to the whole Kingdome. VVith this Mr Wever, Burgesse for Stamford spoke. ‘Mr Corbet, I conceive such reproachfull and dishonourable expressions as Mr. Lilburn gives us to our fates, is not to be indured or suffered, and therefore I beseech you, let us be sensible of the honour due to our Authority, and the house whereof we are Members.’

Good Mr. Corlet, I intreat you heare me, for J desire to let that Gentleman know, J am very con­fident I have not you said any thing that is dishonourable to the legall and iust interest and power either of this Committee, or the house of Commons whereof you are Members, and Sir if I should, I conceive you are enough to beare witnesse against me, and I thinke you judge your selves suffici­ently indowed with power to punish me, if I should doe as that Gentleman pretends, I have done, and truly Mr. Corbet, J must againe aver it before you, that I am no contemner nor despiser of the just and legall authority of the house of Commons, neither doe I desire to affront or repro [...]ch this Committee, but I pray consider, I am but a man, and a prisoner under many provocations, and to be so tosly [...]alne upon as I am, by halfe a dozen of you at a time, and interrupted in making my le­gall defence, and not suffered to speake my own words, is very hard and it is possible hereby, I may be provoked to hear, and in heat say that that is not convenient and sitting, the which if J should doe I hope you Mr. Corbet, have understanding enough to iudge, and to reprove me for it, and truly Sit upon your reproofe, if I can possibly apprehend and see I have done amisse, I shall pre­sently Cry you peccavic.

But here abouts, my wife seeing Mr. Wever so furious upon me as he was, burst out with aloud voice & said, ‘I told thee often enough long since, that thou would serve the Parliamen [...], and venter thy life so long for them, till they would hang thee for thy paines, and give thee Tyburn for thy recompence, and I told thee besides, thou shouldst in conclusion find them a company of uniust, and unrighteous Judges, that more sought themselves, and their owne ends, then the publique good of the Kingdome, or any of those that faithfully adventured their lives therefore.’

But J desired Mr. Corbet to passe by what in the bitternesse of her heart being a woman she had said unto them, and desired him to let me conclude my paper, and then J would give him a possitive answer to their question, which was granted, and I read out my paper, the true copy of which at large thus followeth.

And having concluded my paper, now Mr. Corbet said I, if you please lets goe to the questi­on, well then said he will you renounce this booke or no? Sir said I, I had rather give you leave to hough [...]e in ten thousand peeces, then renounce any act of mine, done by me upon grounded, mature and deliberate consideration, and therefore Sir, somethings before hand premised, J shall give you a possitive and satisfactory answer to the question.

And therefore in the first place, I desire you and all here present to take notice, that I doe not return you an answer to your question our of any opinion that J am bound in duty or con­science unto your Authority to doe it, because you command me to doe it, for I know J am (actively) only to obey you in lawfull things, which this is not in the least, for by law no man what ever is bound to betray himselfe.

Nor secondly, J doe not return you an answer to it, as though I were bound by any law in England thereto; for I have before punctually proved it to your faces out of my paper, that it is altogether unlawfull by the law of the land, to presse or force me to answer to interrogato­ries. Neither lastly, do [...] I answer your interrogation, out of any base tymerousnesse to betray the liberties & priveledges of the lawes of England, or to save my from selfe your insenced in­dignation, and therefore protesting that my answering your question, neither is, shall or just­ly can be drawn into president in future time, to compell me or any other free men of England, to answer to interrogatories, and therefore having (premised these things) affirmatively, I re­ [...]turn you an answer to your question out of this consideration, that when I pend that book, I was inwardly exceedingly pricked forward to it, and framed it, with a resolution to lay down my life in the justification of it. And secondly, J return you an answer to the question out of this consideration, that upon your summons, I came before you with an absolute resolution to [Page 11]owne and avow that booke, (though I have been much by some of my friends perswaded to the contrary) alwayes provided I could get some things effected before I did owne it, which I have already done, (that so I might set it in a way to come to a legall justification.) For first J have got the doore openned, that so I might have a rublique hearing as my right by law. And se­condly, have obtained liberty (though with much adoe) to declare before you, in the pre­sence and hearing of all these people, the illegallity of all yours, and all other Committees proceedings, inforcing the free men of England, (against the known and fundamentall lawes, of the land, and your own oather,) to answer to selfe accusing interrogatories, and now ha­ving sully effected what I desired and thirsted after, I come now with as much willingnesse and readinesse to answer to your question, as you are to have me answer to it, and avowedly I tell you, I invented, compiled and writ that booke, and caused it to be printed and dispersed, and every word in it I will own and avouch to the death, saving the Printers Erratas, which if you please to give me the booke, and liberty of pen and inke, I will correct and amend them under my own hand, and return you the booke again, with my name annexed, under my own hand at the conclusion of it. Well then said Mr. Corbet, take the book and pen and inke, and goe mend it, truly Sir, said I, I have but one good eye to see with, and yet for that, I am forced to use the helpt of spectacles, and I have very much this day wrained the strength of my eyes, with rea­ding and writing, and besides the booke is fut sheets of-paper, so that it is almost impossible for me seriously and carefully (with my weak eyes) to read it over this night, but if you please to give me but any reasonable time, I will be very punctuall in returning it to you againe; so I had tell wednesday in the afternoone given me, and accordingly I amended the faults under my own hand, which principally were litterall and verball faults, and at the conclusion of the booke, I writ, examined and avoned by me John Lilburn, 10. Feb. 1646.

And upon wednesday, I inclosed the book with a copy of my forecited paper that I read at the Committee) in a letter sealed to Mr. Corbet the Chairman of the foresaid Committee, the true copy of which letter thus followeth.

But after this little digression, I return to the rest of that which followed at the Committee, which was to this effect, as soone as I had ownd the book, and received the book from Mr. Corbet, I said Gentlemen, you having as I perceive done with me, I shall humbly crave liberty to make one motion to this Committee, for the discharge of my wife, for by vertue of your warrant she is a prisoner, for dispersing some of my bookes, and truly gentlemen she is my wife, and set at worke to doe what she did at the earnest desire of me her (unjust imprisoned) husband, and truly I appeale to every one of your own consciences, whether you would not have taken it very ill at the hands of any of your wives? if you were in my case, and she should [Page 12]refuse at your earnest desire to doe that for you that she by my perswasions hath done for me, therefore I intreat you toser her at liberty, and set the punishment of that her action upon my score, so with one consent sh [...] was discharged, for which I thanked them. Now Gentlemen with your favour and patience I humbly intreat you to heare me but one word more, which is this, I was the other day tobd, or at least plundered, and had my house violently, forceably, & without any colour of law or conscience entred, & an Iron larch drawn, as I am info [...]m [...]d by one Whittaker a book-seller, who dwels in Pauls Church-yard, who with others lik [...] high con­temneis and [...]i [...]laters of the law, loaded away, as I am informed three potters w [...]th me u [...]e and proper goods, that I bought with my owne proper monie, and he pretended he did it by vertue of a warrant from this Committee, therefore I humbly desire to know, whether this Committee will avow his action, and b [...] are him out in what he hath so done? No saith Mr. Corbet, he had no such power from this Committee, as forceably to enter your house, nor to meddle with any of your goode or bookes, but only at randome to seize upon all of this booke where he could find them. Well gentlemen, then here is a high act of violence and contempt of the law committed, for here is my house by violence entered, and so many of my goods as they pleased to seize upon carried away, none belonging to me being present to see what they did, and my doores by them left wide open, for any that had a mind to goe in and take away, and rob me of all the rest of my goods that they left, for which actions I hope I shall obtaine ju­stice in time, but in regard you say your warrant did not authorize him to take any of my bookes, but The Oppressed mans Oppressions declared▪ and yet he tooke away abundance of se­verall other bookes besides that, which I bought with my monie I hope this honourable Com­mittee will be so just as to command him faithfully to restore me them all again, or at least all but the hundred of the present bookes in controversie, and I was fairely promised I should have but the hundred of the present bookes in controversie, and I was fairely promised I should have them, but as yet I have found no performance at all, though truly I doe conceive there was is many books carried away by him as stood me in about twenty or thirty pounds, for there was the greatest part of a thousand of my bookes, called London Charters, the printing of which▪ with the paying for the copies of the originall Charters, &c. (which I had out of the Record office in the Tower) cost me almost twenty pounds, besides a great many of severall oth [...] sorts, And at my withdrawing, the people eryed out, they never would answer to close Com­mittees any more, being the doores by law ought to be open, which they never kn [...]w before. Now friend, I know you are acquainted very well with some able and honest Lawyers, and therefore I pray doe me the favour as inquire of them, whether all these things laid together, it be not an act of Fellony in the forementioned Whittaker, &c▪ thus forceably to enter my house, and without any reall or pretended warrant to take away my good [...]; but if it be not fellony, I desire to know of them, what effectuall course, I may take in saw, to obtaine my just and legall satisfaction for this illegall wrone, and making these catch-poule Knaves (who art as bad if not worse then the Bishops Rookes and Catch-poules) examples to all their fellow▪ Knaves and Catch-poules.

Thirdly, I desire to know, whether by law, any free mans house in England can be broken open, or forceably entered under any pretence whatever? unlesse if be for fellony and treason, or a strong and grounded suspition of fellony or treason, or to serve an execution after judge­ment for the King?

Fourthly, if any person or persons whatever, shall indeavonr to break open, or forece [...]bly enter my house, or any other free men [...] of England, upon any precence what ever, but the forementioned, [...] some other that is expresly warrantable by the known law, whether accor­ding to law or no, I may not stand upon my owne defence in my owne house being my Castle and Sanctuary, and kill any or all of those that so illegally (though under specious authoritive pretences) shall assault me.

[Page 13]Fiftly, whether in law it be not as great a crime in the foresaid whittaker, &c. for cably to enter my house, and carrie away my own goods fawfully come by, under a pretence of a war­rant signed by a single Member of the House of Commons, commonly called a Chair-man of a Committee. As for Sir William Beacher Clark of his Majesties Privie Counsell, Old Sir Henry Vaine a Privie Counceller, and (it I mistake not then) Secretary of State, and Mr. Laurance wh [...]tt [...]ker that old corrupt Monopolizer, now Member of the House of Commons, by vertue of Regall, or Councell-Board authoritie, to sench the pockets, or break open the study doors of the Earle of Warwick, the Lord Say, Mr. Hambden, Mr. Pym, Mr. C [...]ue, or any other of those that was so served after the breaking up of the short Parliament, for which by this present Parliament (as I am credibly informed from knowing and good hands) Sir Wiliam Beacher was committed to the Fleet, Mr. Laurance Whittaker to the Tower, and old Sir Henry Vaine, who as it is credibly said was this principall actor in this b [...]sinesse, and was in this present House of Commons, strongly moved against, againe, and againe, and in all probability had smarted soundly for it, if it had not been for the interest that his Son young Sir Henry had in Mr. Iohn Pym, and the rest of his bosome associates, who as it plainly (now appeares, for ends besides the p [...]bli [...]e, had use to make of him against the Earle of Strafford, who was one of the chiefe men that stood in their way, and hind [...]ed them from possessing themselves of those high and mighty places of honour and profit that is now too much apparent they then aspired unto, and therefore truly when I seriously cast my eye upon their continued serious of actions, (especi­ally of late) my conscience is overcome, and J am forced to thinke that there is a great deale of more truth in many of the charges fixed upon them, in those two notable Declarations of the Kings, (then at the first reading of them, I conceive there was) the first of which is the 12. of August, 1642. and begins book Decl▪ 1. pan pag. 514. some notable passages of which Mr. Rubard Overton and my selfe have published in the 6 pag. of out late discourse, called The Out-Cry I of Oppressed Comm [...]ns, unto which I shall desire toad one more, and that is of their partialli [...]y in judgement, which the K [...]ng chargeth them with (ibim) page 516 ‘That they threw out of their house some Monopolizers, as unfit to be Law-makers, because their prin­ciples was not fit for the present turns of the powerfull party there, and kept in other as great Monopolizers as those they threw out, because they did comply with them in their ends and the King instances Sir Heary Mildmer, and Mr. Laurance Whittaker, both of whom, for all their transgressions, still fit in the hou [...].’ And if it be an act of treason to exercise an Arbi­trary and tyrannicall power (for so it was charged upon the Earle of Strafford, &c.) then I will maintain it, M. Laurance Whittaker is guilty of it, for he hath severall times done it unto the free men of England, yea, upon mean particular, as at large you may read in my book called Innocency and Truth, justified, to the apparent hazard of my life and being, for which I will ne­ver forgive him, tell he hath acknowledged his fault, and made me leg [...]ll and just satisfaction, the which if he do not the speedier, seeing by his unreasonable priviledge, as he is a Parliament man, that by law I cannot meddle either with his body or goods, I will by Gods assistance (see­ing I have no other re [...]edy) pay him with my pen, as well as ever he wa [...] paid since his eyes was open, cost it what it will and therefore I now advise him, if he love his owne reputation, without any more adoe to acknowledge his fault, by giving me legall satisfaction.

The King second Declaration, is an answer to the two Houses Declaration of the procee­ding of the Treaty at Oxfo [...]d, 1643. and in the second part book decl. pag. 100. printed Anno 1646. where in pag. 10 [...]. he chargeth them poss [...]vely, ‘that the maintenance and advance­ment of Religion, justice, liberty, propriety and peace, are really but their stalking ho [...]ses, and neither the g [...]ound of their watre,’ nor of their demands, and I for my part must ingeni­ously protest and declare unto you, that the dealings of both houses with me, and others of the [Page 14]Kingdomes best friends is such, that as sure as the Lord lives, I should sin against my own soule, if I should not really beleeve this particular charge of his Majesties to be most undeni­able true and just, and to my understanding he there gives notable demonstrations to evince and cleare the forementioned charge, I shall only instance that in pag. 112.113. VVhere his Majestie framing an answer to something they say in their Declaration about the Iudges, and Members of Parliament, he saith. ‘That by never having appeared at all in the favour, excuse or extenuation, of the fault of those Iudges (who are to answer for any unjust judgement, in all which his Majesty lest them wholly to their consciences, and whensoever they offended against that, they wronged his Majesty no lesse then his people.) And by his being yet so carefull of those Lords and Gentlemen, it may appeare that his Majestie conceires, that those only adhere to him, who adhere to him according to law. And whether the remaining part of the Houses be not more apt to repeal [...] their own impeachments and proceedings a­gainst those Iudges, (if they conceive they may be made use of and brought to adhere to them) then his Majestie is to require they should, may appear by their requiring in their 14 propositions, that Sir John Bramston (impeacht by then selves of so great misdemeaners) may be made chiefe Iustice, and by their freeing and returning Iustice Barkly, (accused by themselves of high Treason) to fit upon the bench, rather then free and imploy Iustice Mallet, who was not legally committed at first, but feicht from the bench to prison by a troop of Horse, and who after so many moneths imiprisonment, remaines not truly impeacht, but wholly without any knowledge of what crime he is suspected.’

And indeed their partiallity in doing justice and judgement, appeares in no one man in Eng­land (I thinke more, then in old Sir Henry Vaine, who by all men that I can talke with that knowes him and his practises, renders him a man as full of guilt (in the highest nature) and court basenesse, as any man what ever that was there. For I have credably been told by one that sate in the short Parliament, ‘that he was the maine and principall man, that instru­mentally brok up that Parliament, for in the House in the Kings name he strongly moved for twelve Subsidies, when he had no such Commission from his Majestie, but did it of purpose to set the Parliament in a heat, and make them fly high against the King, of which heat he took advantage, and then went to the King, and incensed him against them, and thereby pro­voked him to break it up, on set purpose to save himselfe from being questioned about his dangerous and desparate Monopoly of Gun powder, and other of his illegall Knaveries, in which he was deep enough even over both boots and shooes.’ For Sir Iohn Eveling was the old powder master, and then Sir Henry Vaine stept in, and justled him out, and got in one Mr. Samuel Cordwell one of his own servants that waited upon him in his Chamber, who had the sole Monopoly of making all the powder in England, and furnished powder for viid. ^•b. into the Tower, which powder was sold out commonly for 18. per. l. at the first hand, besides the charge of getting first a warrant from the Counsell board, to the Lord Newport, then master of the Ordinance [...], to sell such and such so much powder, which warrant besides the losse of time and trouble, cost deare enough, then there was a second warrant from the Lord Newport, to be obtained to the officers of the Ordnance to deliver the powder out, according to the war­rant of the Counsell board, and then there was a third warrant to be got from the officers of the Ordnance to the particular Clarke that kept the powder, all which besides trouble, cost, money, besides a see of a mark which was paid by the buyer to the officers of the Ordnance, for every last of powder they delivered, and the forementioned Cordwell, Sir Henry Vaines Gun­powder Agent, constantly ingaged to bring in every moneth to the Tower 20. last, there being 24. barrells in every last, and 100. l in every barrell, and besides he (as the principall instru­ment of setting this dangerous Monopoly on foot) forced the Marchants, and sea men, many [Page 15]times for divers dayes together, to stop their viages to their great and extraordinary detriment, till they would give large bribes, or were forced to use some other indirect means, to obtaine his warrant, &c. to get powder out of his unjust Monopolizing hands to furnish their ships, for which notwithstanding they were forced to pay above double the price for it, (nay almost tri­ble) according to the rate it was sold at before his Monopoly.

Yea, and by this meanes, he wickedly and illegally disfurnished all the Countryes in the Kingdome, at is notoriously known to all the Deputy Lieutenants, by meanes of which he laid the Kingdome open to the invasion and over-running of aferraign enemy, which did cre­ate, nourish and foment, strange and strong jealousies in the people, that there was some strange and desparate designe upon them to inslave and inv [...]solize them, which was no little occasion of out present warres, by blowing of coales to the fomenting and increasing of devisi­ons betwixt the King and the people.

Yea, and besides all this, he was not one of the least of Canterburies Creatures, being not a little active in the Star-Chamber, to serve his ends, the smart of which with a witnesse, I am sure my shoulders selt. For upon the 13. of Feb. 1617. in the 13. yeare of the present King, the Lord Coventry, Earle of Manchester, Lord Newburgh, old Sir Henry Vaine, Judge Bram­stone, and Judge Jones, in the Star-Chamber sentenced me for refusing to take an illegall oath to answer to their Interrogatories to pay to the King 500. lto be bound to my good be haviour to be whipt through the strect to Westminster, and there to be set upon the Pillory, and then to remaine in prison tell I conformd to their tyrannicall commands. Which decree or sentence you may at large read in the 1, 2, 3. pages of my printed relation of my Star-Chamber suffe­rings, as they were presented by my Counsell, Mr. Bradshaw, and Mr. Iohn Cook, before the Lords at there Bar, and proved by witnesses, the 13. Feb. 1645. the barbarous execution of which you may read not only in that relation, but also in a large relation of it, made and prin­ted by me, that yeare I suffered, called the Christian mans tryall, and lately reprinted by Mr. William Larnar in Bishops-gate street, and in my bookes also then made, called, Come out of her my people, the afflicted mans Complaint, A cry for justice, my Epistle to the Aprentizes of London, and my Epistle to the Wardens of the fleet, which foresaid sentence the House of Commons after a long and judicious examination and debaite, thus voted.

And though it war a matter of foure yeares before I could get this my case transmitted to the Lords, the obstructing of which I cannot altribute to any, but principally to that old crafty For, Sir Henry Vaine, (who I am confident of it hath long since deserved the Ax or Halter) and and his powerfull interest and influence, especially by his sonne, young Sir Henry, though (Machiavel like) he faces and lookes another way, who for [...]ll his religious pretences, I for [Page 16]my part thinke to be as crafty (though not so guilty a) Colt as his Father, which I beleeve I could easily and visibly demonstrate, which I groundedly apprehend I have sufficient cause ad­ministred unto me to doe, especially for some suttle, cunning, but mischievous late underhand dealings, by as guilded instruments as himselfe, but at present for my own interest sake I will spare him, though (my [...]ingers itches,) yet I must tell him, I am very confident for all his [...] ­guises, he will shortly be known to consciencious men, to be but at the best (if he be no more) then one of the p [...]e [...]gative quench coales, to keep the people in silence, from acting and [...] ­ring t [...] deliver themselves from slavery and bondage.

And when [...] came amongst the Lords, they the 13, Feb, 1645. decreed, that that sentence, and all proceedings thereupon shall forthwith be for ever totally vacuated, obliterated, and taken of the file [...] Cou [...]s where they are yet remaining, as illegall, and most unjust, against the liberty of the Subject, and law of the land, and Magna Charta, and unfit to continue upon Record. And [...] said L [...]lburn shall be for ever absolut [...]ly freed, and totally discharged from the said s [...]ce, and all proc [...]e [...]ing▪ thereupon, as [...]ully and ample as though never any such thing h [...] [...]n, &c.

[...] may a [...] large read in the foresaid relation, yea, and by an other decree, or­dered [...]. And down into the House of Commons they send my Ordinance for their c [...]ncu [...]rance, which is there again bl [...]ckt up, as I may too justly conceive by the powerfull and unjust [...] of the fore mentioned old, tyr [...]nnicall Monopo [...]izer, Sir Henry Va [...]ne, for which by Gods a [...]sta [...]ce, s [...]eing I have no other [...]medy, nor meanes left me, to obtain my right, and the [...] of the Kingdome, I am resolved to pay him, (and all that I can g [...]oundedly know and heare joynes and concurs with him to destroy me, and hinder me of justice and my right which should preserve me and keep me and mine alive) cost it hanging, burning, drowning, strangling, poysoning, starving, cutting to peices, or what ever it will or can yea, though it loose me all the interest I have in the world, in any or all the great ones thereof, put Lie [...] Ge [...] ▪ Cromwell into the number.

And therefore J desire not only your selfe, (but all impartiall Readers that reads these lines) to judge whether it be not the hight of partiallity and in justice in the House of Commons, to [...]er him to sit and vote there, especially they having throwne out divers others, for ten times lesse faults then he is publiquely known to be guilty of, and I desire you to satisfie me, whether or no the people for their owne wellfare are not bound, and may not groundedly petition the House of Commons to throw out him, who is so great a transgressor and violater of the Lawes of England, and therefore altogether unfit to be one of those that maketh and gives lawes unto the free men of England, for in my apprehension if there were no more to be laid unto his Charge, but to have been so unjust and unrighteous a Iudge, as to have had a [...]inger in inflicting a sentence that is voted by the house of Comons in the dayes of their verginity, purity and uncorruptnesse, (to what it is visibly now, yea, himselfe sitting as a Member there) to be not only illegall, and against the liberty of the Subject, but also bloody, wicked, cruell, barbarous, and tyrannicall, it alone were legally and justly cause enough for ever to eject him. O England, England! woe unto thee! when thy chosen preservers turne to be thy grand destroyers, and in stead of easing thee of thy grievances, with a high hand of violence protect from justice those that commit them, and thou seest it and knowest it, and yet art like a silly Dove without heart, and dares not open thy mouth wide to reprove it, and indeavour by peti­tion or otherwise the amending of it, surely and undeniably that body, who, or what ever it be that is not able to evacuate its excrements, is nigh unto the giving up the Ghost, or bursting out into such botches and ulcers, that it shall be an eye sore to all that behold it, and stinke in the nostrels of all men, that have their senses.

[Page 17]But with your patience, I will trace this old For a little further, and see how he hath plaid his cards since this Parliament fate, and to let pass [...] his unfaithfull dealings with his master the King, whose Secretary of State he was, and yet could not, or would not keep his secrets, (which is an act base enough in it selfe) although as J have been told by one very neare and deare unto him, his places he injoyed under the King, were w [...]ith to him, 8 [...]00 l. per ann [...], but having as before is truly observed, before this Parliament (by acts of basenesse done, [...]he was a Courtice and a [...]rivie Counseller) too himselfe over boo [...] and [...]hooes▪ and seeing that it was impossible for him and all his confederates, to break of this Parliament, as they did the late short Parliament, therefore it behoved him for the safety of his own head, to lay his de­signes so, as that h [...] might by the swaying party merit preservation to himselfe, which to doe be­ing as he was a Secretary, p [...]rie to all the King and Court [...] principall secrets, though he was under an Oath, and the strictest obligation of se [...]ecie that could be, yet they must all out, and out they went, as in the case of the Earle of Strafford, of which I have heard some great ones say, it was scrued to the highest pin, if it were not higher then in honesty & justice it should, but all this was done, that he might not only save himselfe, but gaine an esteeme in the present Parliament, and so be in a possibillity by the interest of his son, Sir Heary, (although to men that were halfe blind, there was, and I thinke still is a seeming enmity betwixt him and his Father) in time to make himselfe amonds, for his 8000. l a yeare by his places, which by dis­serting of the King (to save himselfe) he was likely to loose, (and indeed it is commonly re­ported, that in his place as one of the Committee of the Kings [...]venue, he hath learned to lick his own fingers well) and the first or grand step of honour he attaind to, by the Parliament, was to be made Lord Lieutenant of the County of Durham, and the wars comming one be­twixt the King and Parliament, to indeare himselfe againe unto the King (knowing that the chance of warre was doubtfull) he sent his second son, Sir George Vaine to wa [...]e upon and serve the King, who in person was actually [...]nd in the baitell of Edge-Hill, with the rest of his fellow Courtiers, but to make up his case the more with the King, though himselfe stard with the Parliament, where as a seeming friend to them, he was able to doe the King truer service, yea, and did it then if he had been with him, for instead of protecting, preserving, se­curing and defending the County of Durham, (of which he was Lieutenant) according to the duty of his place, and those many importunare desires expressed unto him by the well affected Gentlemen of the Country, which were all in raine, for in stead of preserving the Country, he sent his Magazine of Armes from his Castle at Raby, (by his t [...]o principall servants, Mr. Will em Conyers Steward of his land, and Mr. Henry Dingly his Sol [...]citer at law) as a present for the King, to the Earle of New-Castle, then in Armes at New Castle against the Parliament, who might then have been easily suppre [...] at his comming to New Castle, if old Sir Henry Vaine had been true to his trust the Parliament reposed in him.

And that he sent them is visible enough, for they carried them openly and avowedly in the day time through the Country, boasting of their act both in their going and comming, and at New-Castle from the hand of one of the Earles s [...]rvant, or Officers, received a note for the receipt of those armes, that so when time should serve, Sir Henry Vaine might have it to justi­fie his good service done for his Majestie in being the principall instrument of raising the Earle of New Castles Army, and giving the King so great a footing in the North as there he had, for his Armes being sent to the Kings Generall so openly, publiquely and avowedly as they were, though his person were with the Parliament, yet it [...]de all people there to con­clude that he was himselfe absolutely for the King against the Parliament, which presently (his influence in those parts being grent) got the Earle of New Castle a mighty repute and credit, and made those that were really for him to be impudent and bold in their attempts, and [Page 18]made abundance of Newters then to declare, (all or most of whom might at the first have been made serviceable to the Parliament, if they had been looke to betime [...]) and the most of those few of cordiall, well affected Gentlemen, were immediately forced to [...]ly and leave all they had behind them, and the test that stayed, were immediately taken prisoners and destroy­ed, (as well as the other) in their estates, for which Sir Henry Vaines land and estate, ought i [...] justice and conscience to goe to the last penny of it, to make them satisfaction, being the [...] instrumentall cause of all their losses, woe and misery, and of all the woe and misery of the whole North, occasioned by the Earle of New-Castles forces, and those that were necessi [...] ­ted to be raised to destroy them, which if they had never had a being, there had never been no need of the Scots comming into this Kingdome to our deare bought ayde, the evill conse­quences of whose comming, I am afraid England this twise seaven yeares will not [...]ke of without a great deale of blood shed and misery, the yo [...]k of Presbyterian bondage alone, (be­sides then to-operations, if not co sharing in the Civill government of England, to the un­speakable prejudice to the freemen thereof) which they brought with them over Twe [...]d i [...]to this Kingdome, which is likely to prove 100. times worse then the tyranny and Lordlinesse of the Bishops. One thing more about Sir Henry Vaine I desire you to take notice of, and that is further to demonstrate, that his servants carried the Armes, not of their owne heads, but by his command, or at least good liking, is this, that he never complained to the Parliament of it, nor never indeavouted to have them punished for it, but rather protected and defended them, so that those that complained of them, as well as of himselfe, by reason of his greatnesse, could never be heard nor obtaine justice, though it was with some zeale followed by my Father, & my V [...]kle Mr. George Lilburn, with other Gentlemen of the same Country, as you may partly read in Englands Birth R [...]ght pag. 19.20.21.

All this while if the King lost the day and the Parliament prevailed, here was himselfe and his son, young Sir Henry to make good his interest here, so that of which side soever the g [...]t went, the old crafty Fox was sure in his owne thoughts to stand upon his leggs, and be no loo­ser, but perceiving the King likely to goe down the weather, by the Scots comming in, he whistles away his son Sir George Vaine from the Kings Army. And though the Parliament had upon the 20 May 1642 voted. That when soever the King in kith war upon the Parliament, it i [...] [...]breach of the trust reposed in him by his people, contrary to his oath, and tendeth to the dissolu­tion of this Government. And th [...]t whosoever shall serve or assist him in such warres, are Traitors by the fundament all lawes of this Kingdome, and have been so adjudged by two Acts of Parlia­ment, viz. 11. R. 2. and 1 ll. 4:

And yet notwithstanding, though Sir George Vaine did both serve and assist the King actu­ally at the battell at Edge-Hill, yet as soone as any footing by the Parliament is gotten in the County of Durbam, he is by his Father, (and I thinke I might say brother too) for it is impos­sible if young Sir Henry were honest and true to the publique interest of his Country, according to what he seemingly professes, and would be thought to be, that his father and brother should doe such actions as they have done and dayly doe, and escape scot free, and no man to be heard that complains of them, but rather crushed and destroyed, which could not be, if he and his interest did not support them in all their basenesse) I say Sir George is by his Father sent down into the Country, as the only fit man to govern it, by deserving well at the hands of the Par­liament for being with the King at the battell of Edge-hill, and therefore is made the receiver of the Kings sequestered revenue there, worth to his particular a great many hundreds pounds per aunum, and is also made chiefe Deputy Lieutenant, yea, as it were Deputy Lord Lieute­nant, Iustice of peace and quorum, Committee man and Chair-man of the Committee, and hath also the Posse commitatis of the whole County put into his hands, as being the fitte [...] [Page 19]man to be High Sheriffe there, yea, and no [...]irin that County, what ever a King is in his Kingdome, that saying of Da [...]i [...]l, chap. 5.19. concerning the power of [...]bad nezzar, be­ing too truly verified of him and his father, in [...]efo [...]e [...]ce their acted and executed power in that [...]oore County, that whom they will they set up, (yea, even as arch blades as Sir George himselfe) and whom they will they pull down, and all the people there in a manner tumble and feare before them.

But this is not all, for the Parliament upon the clearing of the Country, sent a Magazine of Ammunition and Armes downe, which was landed and laid up at Sunderland in the possession of my Vn [...]le, Mr. George Lalburn; one of the Deputy Lieutenants, and Iustices of Peace, &c. of the County, which Sir George Vaine by his supreame prerogative sent for away, and put into his Fathers Castle of R [...]b, no laid in store of Provisions there, but I will not say he sent for some scores of Cavieliers from a Castle in York shire to come and take possession of it so soone as be had so done, but this I will say, that they did come and take possession of it with a great deale of ease, and it cost the Country some thousands of pounds before they could take it againe. So here you have at present a briefe relation of the game that Sir Henry Vaine hath plaid this ma­ny yeares together, by meanes of which he hath got a great estate, but I may say an ill estate, to leave to his son Sir Henry principally, a man for all the experience I have had of him, (and I have had not a little) no whit inferior in my apprehension to his Father in Machiavels prin­ciples, for all his guilded professions, and truly it is very strange tone what the Family of the Vaines hath deserved of this Kingdome, that they must have so many thousands pounds a yeare out of the Kingdomes Revenue, in its present great and extraordinary poverty, as they have, never any of which ever hazarded the shedding of one drop of blood for the Parliament or Kingdome. And besides the two sonnes before mentioned, there is a third lately come out of Holland that was a Captain there, and though he hath not one foot of Land in the County of Durham, yet he is as I am informed lately made a Iustice of peace, and hath besides profitable and gainefull Offices there. I pray Sir, what doe you thinke such doings as this (of which the Parliament is full, as I could easily declare) doth portend to the whole Kingdome, doe you thinke that it portends lesse then absolute vassolage and slavery to the whole Kingdome, by a company of base and unworthy men, set up by the people, whom they may if they please pull downe by calling them home, and chuse honester men in their places, in a new Parliament to call them to a strict accompt, without doing of which the lawes and liberties of England are destroyed, and our proprieties utterly overthrow, that doe and will tyrannise ten times worse ov [...]r us, then ever our prerogative task masters of old did.

Sir, sure I am by the antient, good, just and unrepealed laws of England, it is inacted, that a Parliament should be holden every yeare once or m [...]re oftner [...]f [...]ed require for the maintenance of the lawes, and the redresse of divers mischiefes and grievances which dayly happen, 4. E. 3.14. and 36. E. 3.10. And by the act made this present Parliament in the 16. yeare of the King, cal­led an Act for the preventing of inconveniences hapning by the long intermission of Parlia­ments, there It is provided, in ease the King doe not performe his duty to the Kingdome, in summoning of Parliaments as he ought; that then we shall have a Parliament once in 3. yeare whether he will or no, as appeares by the Act it selfe, which most excellent. Act is altogether fruitlesse to the Kingdome, if we must have a perpetuall Parliament, and therefore an everlast­ing Parliament is the greatest abridgement and de [...]ustion to our lawes, liberties, and proprie­ties that possibly can be imposed upon us, the present Parliament men being in their owne principles unpuestionable, lawlesse, & uncontrowleable (and so are a kind of Monsters, rather of the Divells creation then Gods, for he never created and made any man lawlesse) during all whose fitting as they by their actions order the matter, we have no propriety in our [Page 20]lives, liberties, estates or trades, for all of them are subject to be destroyed by a Vote and [...] sometimes it may be carried but by the Vote of one of D. Bastwicks N [...]nyes or [...] Prynt Minors or Infants, it may be but of 18. yeares old, 3. yeares younger then any [...] to be by law that can sit in that House, nay to such a hight of tyrannie are these [...] grown, that they by Vote (without law of reason) take our liberties from us, upon [...] and false report of any of their Members, or any of their secofanising Catch pouled, [...] either the bearing us speak for ourselves, or so much as telling us the cause wherefore [...] imprisonned, and this the last yeare in every particular was my portion, by the mean [...] of [...] William [...]th [...]ll Speaker of the House of Commons, D [...]. Bastwick, and that bas [...] and [...] fellow, Col. Edward King, who divers yeares agoe deserved to be hanged for be [...]ing [...] trust reposed in him by the Parliament, & this was lately the portion of Major T [...] by [...] means of M Hollis, Sir Walier Ea [...]le, Sir Phillip Stapleton, Sir Sam. Luke, & the rest of their g [...] trusty and doubty Associates. O brave Parliament! Which by its constitution on and primitive practises, was a Bulwarke to secure the Commons of England from being ca [...]e [...] up and de­stroyed, by the prerogative and wills of the Kings of England, but ha [...] now f [...]r [...]aken this first station, destroyes us with unknown, unlimitted and arbitrary priviledger, more th [...] [...] the prerogatives of any King of England, since the first day of M [...]g [...] Ch [...]tas estiblish [...] and are unaccomptable for any thing they say and doe, yea, and doe not only act the Parlia­mentary power, but also a regall power, yea, and though they count themselves the great [...] Iudges in the Kingdome, yet contrary to law, justice, reason, and conscience, take upon them for sees, (which I may call bribes), to plead causes before Iudges of their own making, who dare as well ease their fingers ends, as displease them, and then in conclusion it may be the ve­ry same causes by way of appeale comes before themselves as supreame Iudges, and judge yo [...] how those causes must goe in which they have been, and it may be are Hackney Counseller, which they ought not in the least to be, it being not only contrary to law, but the [...] of Iudges that any Iudge should give Counsell or be a Counseller.

Yea, Parliaments in former times used to be so carefull in the discharge of their Da [...], for the welfare of the people that did chuse and be trust them, that they would impose nothing up­on the people that might be a burthen to them, without acquainting them first with [...] [...] Sir Edward Cooke that learned Lawyer in the 4. part of his Inst [...]tes Chap. of the high Court of Par­liament, fol. 1 [...] declares his words are as followeth, which is printed by the present Parliaments speciall order.

It is also the law of the Parliament, that when any new device is moved on the Kings [...] Parliament, for his aid on the like the Commons may answer that they [...]der [...]d the Kings sate, and are ready to aid the same, only in this new device they dare not agree, without conser [...]ce with [...] Countryer, whereby (saith he) it appeareth that such conferences is warrantable by the law [...] ­stome of Parliament. And folio 34. (he saith) that at the Parliament holden in the 9. E. 3. whe [...] a m [...]ion was made for a subsidy to be granted of a new kind, the Commons answered that they would b [...]ve conference with those of their severall Countries and places, who had put th [...] [...] trust before they treated of any such matter. Set my b [...]k [...]alled Innocency and truth just f [...]e [...], pag 60.

But now things by the present Parliament are so carried, as if they were absolute Lords over al the estates of al & every individuall in the Kindom, that chuse and trusted them, and as though they might leavie upon them at their wills what they pleased, and dispose of it how they plea­sed, even to their own particular pockets to the inrichment of their particular selves. See the Opressed mans Oppressions declared; pag. 22, 35. Regall Tyranny, p. 10 [...], [...]04, 105, 106. and Londons account.

[Page 21]So that the People now, are without a Bol-warke to preserve them from being swallowed up by unlimited prerogative & unknown priviledg [...] exercised by them so that by their owne principles if they vote to set up [...]o [...]ary, o [...] the [...]urki [...] A [...], [...] it be cause they vote and declare it, and if they vote into their owne [...] (we must give) them unto them, or if they vote to monopolise unto themselves, [...]ll our [...]ives and children we must part with them to them, because they vote it, and have no remedy to helpe our selves, be­cause we have trusted them, (O brave Parliament principles) though we never intended them in the least any power at all to doe what they list, nor any other power, but only ra [...]io­na [...]ly to the best of their understandings, (according to justice▪ [...] and right [...]eason) to provide for our greater happinesse and better well being which they themselves before they had [...]or the King and his party downe, did honestly confesse, book [...]ecl. 1, [...] pag. 1 [...] [...] to call the Iudges to an account, and to punish them if they should per [...] the law and justice of the Kingdome, either by the King flatteries, letters, commands or threats, which the law expresly [...]aith, they are not in the least to regard, in the administration of justice 9. [...] 8.5. E. 3.9.14 E. 3.14, 11. R. 2.10. And if they see cause to call the Lord [...] &c. to account, to know and see, if the publique Treasure of the [...]dome be [...] according to the end and uses that it is assigned [...], for the good preservation safety and protection of the Kingdome, and not to be imbe [...]elled or [...]ed [...] ends or use [...] warranta­ble not justifiable.

But they were never in the least betrusted with a power to protect and beare out their own Members in all manner of treachery and basenesse committed by them against the Kingdome, (as I could easily instance they have done in divers) and to cheat and [...] them of great and vast sums of their money, and yet not to be liable to be called to any account for it: see Mr. Andrew Burrells Remostrance to the Parliament of England, and the state of Irish affaires presented to the Parliament by the Committee of adventures in London, for Ireland, and Regall Tyranny, pag. 101, 102, 103, 104, 105, 10 [...] in which pages i [...] i [...] decla­red, that a right reverend Gentleman of the House of Commons, Sir John Clotworthy, and his agent Mr. Davis, have put in their particular pockets, 97195. l. of the money raised for the relief of Ireland, and I have heard that the foresaid Committee of L [...]dou [...]r [...] ha [...] [...]s [...] ­ted Sir J [...] Clotworthy to the purpose in the House of Commons, about 24000. d. that they possitively say he hath in his hands, if as I am informed, he had not by a great deale of indu­stry found some very great Citizens tardy (contrary to the law,) in transporting beyond the Seas, Silver and Gold, who improved all their interest to keep him from complaining, and it is thought prevailed on purpose with the said Committee to cease prosecuting Sir John Clot­worthy, that so he might cease of securing them, for their transportations, nay it is verily though some lickt their fingers soundly about this businesse, for I have from very good hands heard, there are some notable blades about London, that can easily discover so many great men about London capitally tardy, with transporting of the Kingdome treasure beyond the Seas, that if there were any that would doe impartiall justice in [...] the penalty of the lawes, divers hundreds of thousands of pounds might easily be raised to be put into the publique purse, only it were worth the Commons of Englands serious looking to it, that three quarters of it were not put into particular Parliament mens pockets▪ Oh for a new chosen Par­liament to find out that almost unfadomable knavery that i [...] amongst divers of this Parliament, about mighty sums of the publiques money, J d [...]re boldly aver it, that all the businesse against Strafford, Canterbury, Lord Keeper Finch, Lord Chieft Iustice Br [...]mstone, Iudge Ba [...]let, Barron Tr [...]ver, Sir George Ratcl [...]ffe. The Farmers of the Custome house, Alderman Abell Mr. C [...]vet, and the rest of their Cater-piller brethren Monopolisers, was never when they were openned, [Page 22]more odious to the people, then the villanny and roguery of divers of the present Parli [...] men would end [...]ay appeare, if there were any uncorrupted and [...]partiall [...]udge [...] [...] open, which [...] they are, is impossible to be found or had, they being generally and [...] (in a manner) so corrupted with [...]g [...]ing the States money, that for my part I am very [...] dea [...] of it, they da [...]e not [...]ip up one anothers knavery, for [...]eare he that first begins gets a [...] himselfe before he hath done. Yea, I have observed it for divers moneths together, that [...] a common practice in the House of Commons, that as soone as a Soldier is chosen a Parliament man, of whose honesty, valour and boldnesse, many people had high thoughts of, but [...] ­minatish him, and low up his lips, which gifts doe Pa [...]. 23.8. Deut. 16.19 Eccles. 1 [...].11 within a moneth or six weeke [...] very commonly, order that he shall have his Arrears can [...]pa [...] paid him, of else a Vote for [...], or 5000. l. for one losse or another, so that for my part I [...] though a man be never so gallant when he is in the field, yer such bewitching baites of money &c. is in the House of Commons, that as soone as he comes to sit there, he is in my thought [...] three quarters spoyled, yea, and it may be in a very little time will be an enemy to that gall [...] try and down right honesty, he in the field professed, so that for my part, of all the late Com­manders that have been chosen to fit in the House, (they are so taken with the Silver baites of that House) that I professe for my part [...] will not give a groat a dozen for them, (to doe the Common wealth service in their present plate) unlesse it be one or two at most amongst them, therefore say I, let us earnestly contest for the inioyment of our iust, nationall liberties and the long and antient, just laws of B [...]gland to have every yeare afresh and new Parliament, to call this to an account for all our money they have had, and all the iniustice they have done us, [...] our which we are destroyed, both in our lawes, liberties and proprieties, but if any shall [...] the Kingdome in generall will [...]d great hazards by a new choise, I say no, for if never [...]ch base men be chosen, if we have a fresh Parliament every yeare, to sit three or four score d [...]yes a [...] most, it will be as a rod kept over their heads to awe them, that they shall not dare to doe the Kingdome one thousand part of that into slice that this Parliament hath done, for feare the next Parliament they shall be questioned, and then loose their head, or estates. Therfore for the Kingdomes good in generall, it is worth the indeavouring to get the same provisor [...] in a [...] annuall act, that now is in the trianiall made the 16. yeare of the King, & to settle the govern­ment of the Kingdome, either by the King againe, of some otherway that the Parliament shall think sit, by chusing out a Committee amongst themselves to mannage the great affaires of the Kingdome, till the next free and new chosen Parliament, for now we are under a La [...], when Parliament men please to destroy us, and when the Law will not reach us, then their will shall, tell which be done, England shall never inioy iustice, impartiallity, but be in the abso­lute condition of as perfect vassolage and slaverie, as either the Turks in Turky, o [...] the Pes [...]n [...]a France, or the Boor [...] in Fl [...]nders, having neither the inioyment of liberty nor propriety now; it being I wil maintain it, the greatest act of breach of trust that ever the King did in his life when he passed the Act called the Act to prevent inconveniencies, by untimely dissolving the Parlia­ment made 1641. to let both houses sit as long as they pleased, and so make sitting in Parlia­ment a Monopoly and heriditary to them and their heires for ever, which is such a palpable and visible violation of our essentiall and fundamentall liberties, that it is lesse to be induced by the honest free men of England, then any act of iniustice, or violence that ever he did to us in his life, for this is so universall that it absolutely destroyes both our lawes, liberties, trades, and proprieties, and makes us all perfect and absolute slaves, but Parliament men and their new made and created creatures, there being nothing wanting but the Kings consent to the twelfth Proposition, that both houses by law may levie upon the People, what money they please, and doe with it what they please, and never be accountable, and therefore I will adds [Page 23] [...]ft thing, to those things of g [...]sh evill mentioned by [...] i [...] [...] del [...]ery, before [...]y booke called To Charters of London, and pray from the Popes [...], Kings [...]limited Prerogatives, Parliaments unknowne priviledges, the Lord Major, Court of Alde [...] ­ [...]en, and the rest of the prerogative Common-Counsell men of London [...] impl [...] saith, [...]ut especially from an everlasting Parliament, Good Lord deliver honest John Li [...] ­b [...]rne.

Now Sir, I come to speak a few words unto the state that ye [...] are in by reason of the trou­ble I have brought upon my selfe, (a you thinke) by owning of my booke, to which I answer.

Alass [...] I professe it seriously, death it selfe is more acceptable to me, then to live, and be without cause destroyed in a Gaole, what should I be affraid of? For I assuredly know God in Iesus Christ, is my reconciled father, in the strength of which I have walked stedfastly above these ten yeares, so that I without doubt know he hath in store for me a crown of eternall glory in the Kingdome of glory, And Cursed be he that is afraid of [...] that shall die, and of the s [...] of man which shall he made as grasse, and forget test the Lord his make, that stretcheth forth the hea­vens, and laid the foundations of the Earth, Esay 11.12, 13. And truly [...]o extraordinary large experience have I had of God, unfadomable loving kindnesse and truth, that there is nothing but sinne can make me afraid, (For the Lord is on my side, I will not feare what man can doe unto [...], Psal. 118.6 and 56, 4.11. Heb. 13.6) which I am principally tyed from by that over­ [...]owing, bounty, & goodnesse, that I have taisted in God.

And for my wife and children which most troubles me, unto who [...] I ought, and I hope have and do [...] beare a husband and fatherly affection unto, yet alasse, shall I for love of them sin a­gainst my owne soule, and be silent, when my conscience from sound grounds tells me God would have me to speake, to reprove the perversnesse and stiffe nedeednesse of an Hypocriti­call, uncircumcised, in heart generation of men, that under specious pretence a goe about to inslave their native Country, and so by consequences strongly endeavour to destroy my wife and Children as well as my selfe, who must undeniably perish, if I should live with them, if the law and justice of the Kingdome be overthrowne, which cannot in likelyhood be avoyded, if God should not open the mouthes of some to speake, reprove and informe, and God having [...]asted me with a Talent, yea, and by my unjust imprisonment, put an oppertunity into my [...]and to improve it for his advantage and glory, accursed should I be in my own apprehension, if I should tye it up in a Napkin and hide it.

And besides when all ordinary meanes failes, to contest for my right (without the injoy­ment of which, my wife and children in the eye of reason most perish and be destroyed) In my understanding is the only way to obtaine it, but if in the persuit of my present contest I should loose my life, I can lay it downe with a great deale of comfort, and commit my wife and chil­dren with a great deale of confidence, to the faithfullnesse and co [...]e of God, who hath manife­sted so much unto me in all the straites and extremities that ever I was in, for the faithfull dis­charge of my duty to him in endeavouring to keep my conscience unsported before him, I pray read my Epistle dated 11. Nov. 16 [...]8 and printed at the latter and of my answer to Pryn, called Innocency and tru [...]h justified.

Besides, in my present imprisonment, I am stripe of all industrious meanes to provide for my wife and children, and am much more in the rode way by expences to destroy them, then to lay up six pence for their future subsistance, and which if long continued, in the eye of reason, I must either eat them, or they me. And therefore being in many straights in my owne spirit, and under many capitall oppressions, contrary to the law and justice of the Kingdome, I looked up to God, and pluckt up my resolution, and put pen to Paper on purpose if it were possibl [...] to give them a provocation to bring the forth to a publ [...]que tryall, that so if possible I could I might [Page 24]know what to [...] to, and yet so carrying [...]y businesse, that I would in my own appreh [...] have the law of the land of my side, and advantages sufficient to render my adversarie [...] [...] and contemptable for their unjust proceedings with me, and therefore it was that I [...] [...] ­pose before the forementioned Committee owned my book in that manner that I did, which if I had not, the credit of the book would have been blasted, and divers other great inconveni [...] ­ces to me would have followed.

And therefore knowing very well, that though divers in the house of Commons were [...] the book, yet by law they themselves in their Arbitrary way, could not try me for it, the [...] if they should or had attempted, I should have shewed them their owne Oathes and De [...] ­tions, where they sweare and declare to maintain the lawes and liberty of the land, and should, [...] shall say to them, as Tam [...]r said to Judah after he had in his unadvised rashnesse [...] to death, for being with child by [...], but when she was [...]ought forth; she sent to Juda [...] [...] Father in Law, saying, to the man whose th [...]se are, am I with Child, [...], I pray the [...], [...] these, the Sign [...], and [...]ras [...]e [...], and S [...]ffe And Judah acknowledged them and said, she hath [...] more righteous then I [...] because I gave her not to Sh [...]h my sonne; and he knew her [...] more Gen 38, 14, 15, 16 &c.

Even so should I have said, if they should have falne upon me with fury to have tryed me, (for writing my booke) In their Arbitrary and Parliamentary way [...] (and falne upon me [...] as much heat for standing upon my legall priviledge, as Judah did upon Tamar, when he judged her to be burnt) whose Oathes? whose Covenants? whose Declaration and Protestations [...] th [...]se? In all of which you have solemnly ingaged before the presence of the great God of Heave [...] [...], and all the world, that you will [...] the lawes and liberties of the land. Ye [...], the House of Commons in their most excellent Declaration of the 19. April, 1646. book [...] folio, 879 expresly say, Th [...] although the necessary of the w [...]r hath given some disturbance [...] to all proceedings, stopped the usuall course of justice, inforced the Parliament, for the preservance of th [...]s S [...]ate▪ to impose and require many great and unusuall payments from the good Subjects of th [...] Kingdome, and to take extraordinary wayes for pr [...]ring of m [...]neys for their many pressing [...]si­ [...]ns, it having pleased God to reduce our affaires into a more hopefull condition then heretofore we doe declar [...], (marke this well) That we will not, nor any by colour of any authority derived from us, shall interrupt, the ordinary course of justice o [...] the severall Courts and Iudicatories of this Kingdome, nor intermeddle in cases of Private interest other where determinable, unlesse it be [...] case of male administration of [...]ustice wherein we shall see and provide, that right be done, [...] inflicted as th [...] shall be oc [...]sion, according to the laws of the Kingdome, and the trust re­posed in us, wh [...]ch elsewhere they say, i [...] to provide for the peoples weale, but not for their woe, and in other of their Declarations they declare, That the l [...]w, and the ordinary course of [...]ustice, i [...] the common birth-right of every Subiect of England, and what the Law is in case of tryall, they de­clare it to be one and the same with that expressed in my forementioned paper, see [...]., part book Dec [...]a. pag. [...], 7.38.39.77 278.458.459.660.845. see also The A [...]otomy of the [...], pag. 8, 9, 10. The Out-tryes of Oppressed Commons, pag. 7, 8. and V [...]x Plebis, pag. 13.14, 15.6 &c.

And therefore if I be in an error, or have committed an evill in the judgement of the Par­liament, for standing upon my legall priviledges against them, verily by the men who [...]e are these, am I seduced, deluded, and led into error, discerne I pray you, whose are these, these Re­monstrances, Declaratio [...]s, Protestations, Oathes, Vowes, and Covenants, the benefit of which I ought to [...], the which if they let me, J shall let you know I was not, nor am not altogether [...]os [...]it to know my owne priviledges at the Common Law, for I know if they indict me, [...] they have wholly altered the government) it must be in the King name, and for committing a [Page 25]crime against him, & this is expresly the form of their [...]dictment [...] & I am sure can be found guilty of no crime committed against him, unless it be at their command for drawing my sword & fighting against him & his Army, & in this I [...] plead their own Ordinances and Declara­tions, where they promise to beare me hirm [...]sse for so doing, and I am sure this is a good and sufficient plea before one of their owne Iudges, who hath no other power but what he de­tives from one of their owne Ordinances, which if he shall hang or destroy me, or any man, for actions done expresly in obedience to their Ordinances, for any thing I know he ought to be hanged as a wilfull [...]urtherer for destroying me, for doing actions in obedience to that power (and expresly commanded by them) from which he hath all his power, and hath no other pow­er to sit as a Iudge, but by vertue of an Ordinance of the two Houses.

But if they should condemne me for this action, what doe they else but condemne in me, the whole Parliament, and all that have in these warres adhered to them.

But if they should happen to indict me, for acting, committing, or indeavouring to act, or commit treason, rebellion, or insurrection against the Parliament: I very much question accor­ding to Law, and the present constitution of the Kingdome, whether any such indictment can be made or no, but if it can? I wonder then the Parliament doth not then try the Caviele [...]s in the severall prisons of London, that avowedly, and professedly have drawn their swords a­gainst them to destroy them, yea, and glory in it as their duty so to doe, and truly it is the greatest injustice in the world, to let those goe scot free that are guilty in the highest nature, and to punish him or them that is not in the hundred degree so guilty, and yet this is my case, where if here I could not defend my selfe, (although I believe I should be able to give them good store of strong and pulling reasons, which now I will not communicate to you) but yet they would goe one and presse me to plead to the indictment, I should desire to see and know, whether or no, my Iury of twelve men of my equalls were all legall men or no, yea, and some­thing more besides.

And in the first place, if I were indicted for treason, I might by law, except against 35. Jury men without tendering any reason for it, see the 32. H. 6. folio. 26. [...]4 H. 7. folio 19. Stam. Pleas Crowne, folio 158. Cockes 3. part Institutes, folio 24. and 27. and then I might except a­gainst so many as I could declare bore me a particular malliceSee 28 E. 3.13. [...]. H. 6.29. for pre-judgement is a good challenge by the law, for the common law of the land i [...], that a Iury man must be in different, and impartiall before he be sworne, see Stanfords Pleat of the Crowne, lib. 3. folio 158. and Britt [...]n in his discourse of the lawes of the Land, folio 12. and 25. l. 3. chap. 3, 12. Ass. plea. 30. Br [...]. Challenge 42.101.120.142.1 [...]6.

And so within the compasse of malicions men against me would come all the Presbyterians; that have taken the League and Covenant, in the second Article of which b [...]d [...] part fol. 415. they have iliegally and unjustly sworne to destroy and extirpate all Heretique [...] one of which they iudge me to be, because I will not take that ilegall Oath, nor be conformable to their Scotch; Antichristian Presbytery, and so have sworne to destroy me, before I be legally convicted, which is wicked and unlawfull.

For a man bound by an Oath before, to doe that which he is to doe upon the indictment; evidence and proofe thereof, is partiall, and not in different, see Cookers, pare institutes libr. 1. chap. 12. sect. 234. pag. 156. who saith expresly, I [...]ers must be me [...] without all exceptions.

And by the Statutes of 2. H. 5.3. and [...]. H. 6.19. It is inacted, that [...]o person shall be admit­ted to passe in any inquest (or Iury) upon tryall of the de [...]th of a man, or i [...] (any inquest betwixt p [...] ­ty or party in Plea reall, nor in plea personall, whereof the debt or the dam [...]age declared, amount to [Page 26]forty makes, if the same person, (or Jurer) have not lands or tenements of the year [...]ly va [...] of forty shillings, alwayes provided that the party to be tryed doe make his challenge. And by the Sta­tute of 17. Eliz chap. 6. It is inacted, that is all cases where any l [...]rers to be returned for tryall of any issue, or issues ioyned in the Kings be [...]ch, Common pleas, and the Exchequer, or before [...] is­g [...]ates of Assize, shall every one of them have estate of free holdin lands, I e [...]iments, or Heredi [...]ments to the yearly value of 4. l.at the least, and the Sheriffe or other Ministers, unto whom the me­ [...]ing of the Pa [...]nell shall appertaine, shall not returne many such pannell, any person, unlesse be [...]y dispend foure pound by the yeare at the least, of free hold out of [...]ient demesue, within the County where the issue is to be tryed, upon paine to forfeit for every person so returned in any such p [...]ll, that cannot dispend 4. l.free hold, 20 s.

It is true that by the Statute of the 33. H 8.13. it is in [...]cted. That every person and persons being the Kings naturall Subject borne, which either by the name of a Cuizen, or of a froe [...], or a [...] other name, doth inioy and use the liberties and priv [...]ledge, of any City, Burrough, or T [...] ­porate, where be dwelleth, and m [...]k [...]th his abode, being worth in moveable goods and substance to the cleare value of 40 l,be from henceforth admitted in tryall of m [...]rthers and [...]el [...]nies in every [...], and Gaole delivery kept and holden in and for the liberty of such Cities, [...]urrought and Town [...] p [...]rate, albeit they have no frethold, provided alway, that this act doe not extendin any [...] of wise, to any Knight, or Esquire, dwelling, abidi [...]g, or resorting in, or to any such City, &c. And I by vertue of having been à Lieutenant Colonel, [...]m an Esquire, as may easily be proved one of the Herauld of Armes Office, and therefore in what place soever I am or shall be tryed, [...] lawfully make [...]y exceptions against every man of my lury that is not worth in free land [...] [...]l­per annum:

And besides, if none of these will doe me good, I have this last remedy, that I am con [...]ident, I shall legally and fully prove any charge whatever; that in that booke I lay upon the Parlia­ment in generall, or any member of it in particular, if I may from them injoy the benefit of the law, and then I pray what doe they gaine, or I loose by owning and arowing the [...] booke.

But if you thinke that by owning of my booke, they are thereby so exasperated, that I [...] the hazard of being destroyed by them by an act of power and will, to which I answer, by that law neither you no [...] any man in England is safe, but liable to be destroyed at their pleasure, jo [...] the lesser part of themselves, are liable by that law every houre to be destroyed by the Vo [...] of the Major part, and then the Major part are liable every houre to be destroyed for acompany of Tyrants and forsworne perjured men (for [...]re king all their Oaths which they have taken is [...]an­taine the law of the Kingdome, and l [...]ke absolute Tyrants, have made their will a law) by any com­pany or multitude of men stronger then themselves, which if they should goe this way to work they would every houre be justly in feare of, but if they should be so farre be stuped and b [...]fo [...] ­ted as to run the hazard of their owne deserved ruine, by destroying me by an act of power is cold blood, by the law of their owne will, I for my owne particular should be no loose [...] by [...]y translation from an earthly death, to an eternall life, and therefore I feare not their malice, nor care not a straw for the worst they can doe to [...], being (notwithstanding the feare of your selfe, and other of my friends) resolved so to provoke them, that they shall either be ne­cessitated, & forced out of meer fear or shame to do me justice & right, by making & hearing my report (now in the hands of slugg [...]s [...] Mr. Henry Martin, whose pris [...]ner principally I n [...]w a [...]) judging my case, and setting me free at liberty, and giving me legall reparations for my ille­gall and unjust sufferings, [...]relse out of meere madnesse, surie and revenge, to send me to Ry­turne to be [...]id of me, of which I am not in the least afraid, and doubt not but if God should so [...]orsake them, and the Devil [...]o fure lead them as there to hang me, but at and by my death, [...] [Page 27]should (Sampson like, Iudges 16.28.29.30.) doe them more mischiefe then I did them all my life, by p [...]lling away the two maine pillars, that up [...] is their i [...]afely to [...]e [...] in house of tyranny.

And therefore, if you would avoid the evill you feare to come upon me, I intre [...]t you to presse Mr. Martin (with whom I know you are acquainted) to make my report to the house, which he hath so unjustly kept in his hands so many moneths, to my unspeakable prejudice, and the unconceiveable prejudice of the whole Kingdom, and if he should say, that their house are not in atemper to doe either me, or the Kingdome concerned in me, justice, or right, and therefore it is better for borne then made, les [...] their house by Vote confirme what the Lords have done to me, to answer which I must tell you, I am as sure as that I am a man, that I have the Law of England on my side against the Lords, and which I thinke is unanswerably demonstrated in the foremen ioned books, and therefore let their house be in never so bad a temper, I most earnestly int eat you to presse him to endeavour to make it, and so quit his hands of it, I care not what the issue be [...]so he doe but discharge his duty, by attempting and endea­vouring to make it, and take some of his Comrades to beare witnesse of it, and send me the names of those that in that House stand up against me to hinder and pervert the justice of the Kingdome, in this particular case of mine, and I shall thinke him an honest man, and that he hath done his duty in endeavouring to obtaine justice and right for me, at the hands of those that ought impartially to hand it out to me, or the meanest Commoner and l [...]gall man of Eng­land, but this Sir I doe assure you, that if I [...]in upon good grounds know the names of those that interpose their power & parts to hinder me of that justice & right which is my due in this particular, by the good, just and unrepealed law of the Kingdome, I will pay them with my pen upon the posts of London, and to the view of the whole kingdome, as well as all the wit, praines and parts I have will inable me to doe, cost it what it will, I pray Sir presse Mr. Martin but to indeavour the making of my report, for while it is in his hands, I am tyed in a manner by him hand and foot, and cannot as I would stir for my own good, till he hath rid his hands of it, one halfe of whose ill dealing with me, I should never beare nor take from all the professed adyersaries I have in the world, which I must be necessitated in a large Epistle shortly to signi­fie to him, and publish his dealing with me to the world.

In the next place, if you desire to prevent that evill that you feare will befall to me, then I pr [...]y you improve your utmost intere [...] amongst the Commons of England in City and Coun­try, to petition to the House of Commons, either according to justice and right, to justifie or condemne me, and in case they will not receive, read and satisfactorily answer their Petitions, then I intreat you improve all your interest in them, to get them publiquely and avowedly to remonstrate and declare the Parliaments unjust dealings with them to all their fellow Com­mons of England, tha [...] I may not be necessitated to [...]un the bazard of making my single ap­peale against them to all my fellow Commons, as well in the Army, as City and Country, which before I will be destroyed in person without cause, I both must and will doe, though I should loose my life the next day after for so doing.

But now before I conclude, in regard I intend to make this Epistle publique, I will commu­nicate to your consideration, two things of speci [...]ll concernment to me, and the first is a peace of justice of the House of Lords in its kind, as excellent as theirs to me is, and it is the case of one Mrs. Elizabeth Walter, the breviat of which as she her selfe gave it me in writing with her [...] subscribed to it, I shall recite here verba [...]um, saving some of the Marginall notes.

Now I pray you friend judge and consider, whether or no these Lords be not a company of brave and gallant conscionable men, fit to be our Law makers indeed, that can make a poore Gentlewoman dance above 6. yeares attendance for a little reliefe to keep her and her chil­dren alive, (for you see that when her husband left her, he left her [...]eaven pence, and did not forsake her for any undutifullnesse or incontinency but rather th [...] he [...]igh [...] have elbow room enough to live as incontinent as his lust pleased) and yet in conclusion to expose the poore Gentle-woman and her three children in the eye of reason to a perishing and starving conditi­on, after she hath spent above 400. l. to obtaine that at their [...]ds, that in it selfe is as just, equitable and conscionable, as any thing in the world can he, c [...]nduf [...]r they have made her order upon order, for the possessing of her just desire, ( [...] full I thinke for I have read the mall) as it is possible to he comprised in paper, and I desire [...]ot only you, but all the Ladyes and Gentlewomen in England, yea, all the Fathers of F [...]meni [...]e creaturel, to consider what a sad thing it is, that if they shall bring up their daughters well, and bestow large portions upon them, and marrie them, and their husbands shall live with them tell he hath got three or foure children upon them, and then at his pleasure without any just cause given him by his wife, (for [...]he satisfying of his lust, upon a whore or whored) shall leave, his wife and children to the wi [...]e world, and not allo [...] them fix pence to live upon, and then (which is worst of all) to be in such a condition, that they have no legall way to compell him to doe it, (for it see [...]es by the gallant, but not unspotted justice of the House of Lords to this Gentle woman, there is none) and yet they can find some to commit Mr. St [...]vely to prison, for refusing to pay his wife ally-money, who I my selfe have heard him, &c. say, li [...]es in the highes [...] professed, and open incon­tinency that a woman can, I pray answer me this, whether these very Lords doe not by these two forementioned actions visibly declare, that they are greater friends to whores and [...]ogues then to honest & chastmen & women & whether injustice & oppression be not more delight­some to them, then justice, righteousnesse and truth? and whether or no it is possible to be in a worse & a sadder condition, then when such men as these fi [...] at the Helm, and govern the stearn of it, not by true, just, rationall principles, but by the crooked, [...]hir stand perverst principle of their owne crooked, partiall, and depraved wills. [...] England, England! woe, woe unto th [...]e, in this thy present sad condition, which thou seel, [...] will not see, and which thou feelest, but wilt not feele, but stoop Isakar like, unto the burthen, and no [...] [...]ke any rationall course [Page 30]for thy preservation, from being as [...]lla [...]y and a prey to every from [...], which [...] neessity thou must [...] in conclusion, in the way that is now [...]ad, [...]ly if the Lords of C [...] ­mons, or both of them put together, [...]y doe unto thee what they please, without my c [...] ­trole, because they are thy Magi [...]rates, and thou with all submission must stoop unto a, [...] of necessity thou art guilty as a wilfull murtheter, in sh [...]ading the blood of all the Cavi [...], for endeavouring to protect their King from thy violent and furiou [...] hands, who is a hun [...]ed times more secured and for [...]fied, with the expressed and declared law of the Kingdome, then the Parliament is, who now doe what they list, yea, levie money upon us, and put it in that own pockets, and pretend we must [...] que [...]tion them, and aske them wherefore they d [...]s [...], because we have rusted them. Oh brave Parliament principles indeed! fitter for the gre [...] Turke, then for English Parliament men.

The second thing I shall declare to you, is the scandalous and base dealing of William [...] with me, a fellow so unworthy and base, and so fraught with malice and blood th [...] [...], and so habituated in telling lyes and falshoods, that a man of unspotted worth, honour and in­tegritie, would scorne (as Iob saith chap. 30.1 [...]) [...]o set him with the dogs of his flock, who a about this 3. yeares hath been an agent in the hands of the Divell, maliciously and causeles [...]y to indeavour (with all his might) the destruction of the generation of the righteous, pu [...] ­sed with the blood of the Lamb in this land and Kingdome, and either to have them [...], hanged, kild, or banished of which when [...] a wel wi [...]er alve [...]s [...] him, as you may read [...] primed spistle to him, dated 7. Ianuary 1 [...]45. and in my printed [...]ra [...]ons delivered into the Committee of Examinations, dated 13. Iune, 164 [...]. the [...] was fild [...]o fullo [...] fury as [...] be would cate me up at a mouthfull, and tossed and c [...]mbled me at Committees, so as if [...] would have beat me to dust and powder, as you may partly read in my printed Epistles, [...] 25. Iuly, 1635. and December 1645. Yea, and one day in Westminster H [...]ll laid violent [...] upon me, having my sword in my hand, to provoke me to strike him, that so I might loose [...] hand by striking in the face of the Judges, fitting in the Kings [...]ench [...] Westminster hall, [...] afterwards his two great Co [...] Dr. [...]est [...]ick and Col King, having b [...] the Spea [...]en meanes, (Pr [...]s Patron) got me [...]ni [...]stly clapt by the heeles, from the 19. of Iuly 16 [...] to the 14. of October. 1645. I was by the whole house of Commons honourably released, as you may read in the 34. pag. of J [...]nocency and fr [...]th justified, but yet in that unjust and untighte­ous imprisonment, I was ordered by the House of Commons to be tryed at New-gate S [...]ff [...] for my life, by the powerfull influence of Mr. Speaker and Mr. Gline, Recorder of London, in which businesse I have just cause to thinke that Pryn had more then a finger, because that when he see I was likely honourably to be delivered as a spotlesse and innocent man, he frames a booke, and publisheth it Cumprivilegi [...], and dedicates is to Mr. Speaker, in which book called The Lyar confounded, he possitively acculeth me of a most transcendent crime. viz th [...] I have consp [...]ed with other Separates and [...] to [...] out the Members of this Parlia­ment by degrees, beginning with Mr. Speaker, when if they could eat off (he saith) all the [...] would easily follow: and if this s [...]ded not, then to suppresse and cut off this Parliament by force of Armes, and set up a new Parliament of our owne [...]se and faction, by this ba [...] charge, P [...]yn manifestoth himselfe a perfect Knave, and enemie to the Kingdome, in that he knew me guilty of such a thing, and never to this day durst question me or prosecute me for it, and if it be but one of his false malicious suggestions, then he proves and declares himselfe a lyar to f [...]ix so notorious a falshood upon him that now, as well as formerly in this and all o­ther things, bids defiance to him, see my answer to this in the [...]5. page of my booke called In­nocency and t [...]uth Justified, yea, and in the some false scandalous and transcendent lying booke of his, beside scores of lyes, he [...] po [...]sitively 13. or. 14. upon me in lesse then I. [Page 31]lines as I have truly declared in the 4, 5, 6. pages of the last [...]tioned booke and there offered to his face, publiquely to prove [...]hat there I say against [...] [...]e lying and pa [...]lte­ [...]y fellow durst never embrace my challenge there made to him, [...]r never so much as in any of his late volumin [...]s lines, return one word of answer that ever I could see to what there I justly [...] upon him, and therefore by his silence in their particular, though be hath pr [...]ed scores of she [...] since, have given me just cause now to procla [...] him so [...], and base a lyar, that he is not ashamed [...]o [...]ell and publish above a dozer in [...], lines.

But the cowardly unworthy fellow, like one of [...] broad, who was [...] from the be­ginning, John 8.44. knowing that I was fast by the h [...]les, under a great indignation of the house of Lo [...]ds, and knowing that my businesse by way of appeale was depending in the house of Commons, and eady for a report, that he might blast my reputation and credit, and so by consequence destroy me and mine, some weekes agoe at the house of Commons b [...]t, (as I have been informed from many good hands) made a most false groundlesse and lying report of me, that I was in their debt above 2000. l. which I had little be [...] then co [...]ed them of and in his late booke published since, and dedicated to the House of Commons, called the Sword of Christian Magistracy supported, in the 10.11. pages of his Epistle, he strongly endeavours to [...] me more odious and capitall, then the late beheaded Arch Bishop of Canterbury, and there and else where in his base lying booke, presseth them to punish me as se [...]rely as they did him, although I am confident he is not able to si [...] any crime upon [...]e, but that I am honester and j [...]ster then himselfe, and stands for the lawes and liberties of England, which he endea­vours to destroy and overthrow, and set up a perfect tiranny, as by his late printed book [...] is to evident, and though in this book as well as the Epistle, he hath so many bitter charges against me, yet in regard I have proved him so base and notorious a lyar already, which by his not vindicating of himselfe, he to my understanding grants to be true, I shall only at the present returne as briefe an answer as I can, to that most notorious lye of his laid [...] in the 12. p. of his said Epistle, (after he hath expressed the Lords [...]ity to me, i [...] not mu [...]hering and de­stroying of me ask [...] would have them, for no crime in the world but for maintaining the just and good lawes of the Kingdome, which they have all often sw [...]r [...] to preserve,) he expresseth himselfe in these words.

‘And yet this obstinate seditious ungratefull w [...]ch, in stead of [...]a­ving pardon for his most insolent a fain like LibelsThou [...]rt a calum­niater for my books are no Libels having my name to them to justifie them. contempts a­gainst the whole House of [...]ers, and severall particular M [...]ers of it, because your honourable House of Commons, will [...]orr [...]l [...]se him upon his Libelle us Petition, (against all Law and justice, i [...] af­front of the Lords,Who I say justly deserves it, for trea­ding under their fe [...] the fundamen­tall lawes and liber­ties of England, as in my cas [...] they have [...], which [...] will [...] the Pri [...], and all thy g [...]gli [...], lying a [...] ­ciates in England. and their priviledges) in this his mutinous Li­bell, (viz. The Oppressed want oppressions declared) railes more up­on your honours then the House of Peets, not only clamouring, up­on you for arrears of pay, (when as there is not one farthing [...] to him, for ought he could make appeare upon the reference of his Pe [...] ­tion to the Committee of Accounts, who gave him a charge of [...]ove 1100. l. received from the Earle of Manchester and his officers [...]ly, besides free quarter which he tooke, of which he [...]ever yet gave [...] account) but like a most seditious unworthy creature, [...]ed [...]ted of with so [...]e Malignants, in the Tower (who have furnished him with [...]taken law and Records, to drive on their designes,) he th [...] [...] you, &c.’

Now for answers to which charge of 1100. l. that [...]e falsely saith I [Page 32]received, for my ow [...]e vindication [...] [...]e world, I shall give you this account▪ that by Com­mission under the hand and scale of [...] of Manchester, [...]ated the 7. day of October, I [...] I was made Major of a foot Regimens to Ch [...] Edward [...]y, and then the 16. of May, [...] I was made Lieutenant Colonel to the Earle of Ma [...]hesters Regimen [...] of Dragoons, which [...] sted [...]ill about or unto the last of April, 1645▪ at which time I delivered the Troop and [...] ­ment up to Col. John Obely neare Ab [...]ageon. By the first Commission there is due to [...]. [...]s. for 223. dayes service, at 24 [...]. per [...], and by the second Commission there is [...] to me 612. l. 10 [...]. [...] for. 350. [...]yes service at 3 [...]. s. per d [...]m, both being [...] 2.5. of all which during my service under the Earle of Manchester (I aver it) I never receive [...] 200 l. as pay for all Prins lyes, tis true, that [...] or upon the 20. of December, 1645. I receive [...] Mr. Ne [...]thr [...]p, Col Kings Treasures, [...] Mr. Tilsons House in Boston, by the hands of [...] St [...]dders tho [...] my Lieutenant, [...] Cap [...]ne in Sir Har [...]resse Wallers Regiment, the [...] 51. l. 1. [...]. 10. d. for so [...] [...]id out for Col▪ King at London by his own order, [...] guilt Sword, a Plush Coat with [...] and Silvey Cl [...]ps [...]s, 10. yeards of [...]lush for his wives [...] a Corn [...]t and ric [...] banners, two parts of Stockings, one Crimson velve [...] saddle, one bl [...] [...] saddle, and one Scarle [...] saddle with f [...]rnitures three pair of bou [...]s [...]ers satable, and [...] and padlock to pa [...]k them in, and then also I laid out for him 25 l 1.1▪ 6, l. and delivered [...] a bill of particulars, and received my money of his man, for 7. yeards of fine gray cloth, [...] [...] ­ver tri [...]ung, three p [...]re of Sp [...], Sold [...] wi [...]es, Gloves, a [...]ath [...]rs cal [...], a [...], and forty paire of gr [...] bi [...]s, for portage and [...]rriage from London to [...]osto [...] of [...]55. l. [...] l. But I hope Col. King doth not inten [...] to make either me or the State to pay for all this his bravery.

After this I laid out for divers other particulars mentioned in a note, which I gave [...] and his clarke, 23. l. [...]. [...].7. d. which money I received in February▪ 16 [...]3. and being Ma [...] of the town of [...]ste [...] under him, that often occasion to lay but small sums of money for [...] fall things to the value of above 50. l. the particulars of which I alwayes gave him [...] clearke under my hand, [...]d received my money in reference to such a [...]e dated such [...] as by my notes and receites under my own hand with him and his Clarke will fully [...], I also the 13. Ianuary 1643. at Lincol [...]e, received of his Clarke 200. l. which was laid [...] followeth. Paid to Captai [...]e Cotton for the Colonels company, and Lieutenant Col [...] [...] ▪ [...]srots, and Capt. [...]res [...] a [...]le towne within halfe a mile of Lincol [...]e upon the [...] house ne [...]t the heath, 140. [...]. p [...]d to Cap. D [...]t [...]gs Lie [...]t. 15. l. paid to Capt. Wregs [...] l. paid to him that Commands Capt. A [...]ers men as Quarter master upon the beating [...] of their Quarters neare Lincol [...], 4. l. that he is to be accountable for, and six pound for himselfe by the Col [...] order, paid by his order to Iohn [...]ost and Iohn H [...]gger two of his Soldiers, [...]o carrie them to Cambridge 2. l. laid out to my Soldiers as per my rowle of the 17. D [...]er appears [...]7. l. 3. s. [...]. d. paid for bringing armes [...]o [...] Lincol [...]e, [...] paid for carrying ammun [...] at severall times to S [...]mpringb [...], and S [...]le [...]f [...]rd, 11. s. 4. d. and this note his Cle [...] [...] selfe did a little while after the said 1 [...] ▪ Ianuary perfect, and he received particular [...] from the severall Officers upon their acknowledging they had received the above said some of me, and I dare [...]ldly say it, I was as exact in perfecting all such accounts as this with his [...], as an who pl [...]ce p [...]in England is in keeping his bookes, a [...] by the notes of particulars in his hands will manifestly app [...]re, and then for my Soldiers with him, they were so con [...]ly mustered under the Collon [...]l [...] no [...]e by one of his owne creatures, that it [...] impo [...] [...] man had a mind unto it, to have paid the k [...]ve, especially either I or any under my particular command, being [...] [...]mity with his Muster master, and besides J a [...]er it, that if one [...] we made a muster, and the [...] we made another, if my one of the Soldiers that was in his [Page 33]muster roule the week before, were absent by sicknesse the second time, although he lay sick [...] in the very same Towne, and though we named the house where he was sick, and were ready to go [...] to shew him to the Muster Master, yet so exact w [...] Col. King, that I nor my Lieutenant was not trusted with the pay of my particular fie [...] Soldiers, and as for the pay­ment of them, their money was most commonly received and paid by my Lieutenant, yet I commonly g [...]e the rece [...] for it inder my hand, in as exact a way as it was possible to make it, viz, received such a day, so much money, far so many dayes pay, for say [...]figne, two Sergeants, three Corporalls, and so many common Soldiers. My Lieutenant himselfe usually received his owne money, and I received of Th [...]. Hewer the Cols man at three severall payments about three sco [...]epoun [...]s, which in my receipts I mentioned as my owne porticular pay.

Besides this in February and March, 1643. I received of the [...]nd T [...]ma [...] Hewer and one Mr. Browne, by Col. Kings appointment, betwixt two and three hundred pounds, in part of pay­ment for divers things delivered at his e [...]est desi [...]e in his straights, into his Magazine at [...]oston, at least by 20. l. in the hundred cheaper then he there paid at the [...] time for the like, the exact copy of which particulars, as I had them under [...] hand of his o [...]ne Magazine k [...]epet (the originall it selfe to my remembrance being delivered to Mr. [...] at Lincol [...]) thus followeth.

Now if you please to read the 42, 43, 44. and 46. pages of [...] [...]y and Truth i [...]stifi [...]d, and the [...], 4, 5, 6, [...], 8, 9. pages of my painted Epistle to [...]ge [...] called Th [...] iust [...] you shall largely and particularly [...] the cause of Kings [...]lling [...]nd [...]i [...], which [...] principally for his endeavouring in my apprehension in b [...]y hi [...]ust, [...]f [...] our fatall [...] at Newar [...]e, at which time, all accounts betwixt him his cl [...]rke and me, was even saving [...] owne particular pay, and betwixt 100. and 200. l. for the foresaid Swords, &c. [...] [...] when I was going away, I bro [...]ghut him in a true account [...] head wh [...] was due to [...] for them, and what I had received; and I am sure this was his answer, he had [...] money [...] [...]e then, but as soone as any came in he would care to p [...]y [...], so away I went to [...]edford, [...]y Gener [...]ll, as in the two last mentioned bookes, you [...]y [...], and afterwards to L [...], [Page 34]where we had notable bussing, to bring King to a Councell of Warre, for his grosse and palpable knaverie and treachery, but we could not bring him to the touchstone, because the harle of Manchester and his two Chaplins, Ash and Good, protected him in his b [...]se [...]sse, after that being at the seidge of Yorke, Mr. Tredwell a Cutler, living now at the Lyon were Fleet-Bridge, pressing me to perfect the account with him for the Swords I had of him, and be­ing in a straight how to get my money from King, who I knew was mad at me, for prese [...] ­ting him so hard, I went unto Dr. Staines and complained to him, who gave me this insuing warrant.

This warrant I sent away to Boston by a carefull hand to my wife, to follow the Clarke, Kings meniall servant for an account, but none she could get, and then after Marston [...]re sight, &c. we came into Lincolnshire, where I met with the foresaid Mr. Tredwell, who pressed me for some money due to him for the foresaid Swords, and I went to Col. King with him th [...]n at Boston, and after an outside complement in his Hall, I told him I had got Auditer Generall to send his warrant to his man for an account, but it would not be obeyed, and therefore J was come to him my selfe with my friend to desire him to pay me the rest of the money due to me, for the Swords, &c. he had had of me, that so I might pay my friend that which I owed him, for some of them, whereupon he told me he had none of me, unto which I replyed you will not offer to say so, for at your earnest intreaty I provided them for you, at cheaper rares a great deale then here you could have them; and by your expresse order delivered them unto your Magazine keeper, who under his hand hath acknowledged unto me the receipt of them, and you your selfe hath often been at the Magazine with me to view them, and thanked me for the cheapnesse and goodnesse of them, and hath also under your owne hand sent me divers orders for the issuing them out, at which the man was in a mighty fury, and fell a raging at me, and bid me before my friend as if I had been a dog, get me out of his doors, wherupon told him he was a base impudent lying fellow, and if he durst manifest so much m [...]nhood as to come out of his own doores, I would [...]udgell his coat for abusing me, but he plaid the coward and durst not [...]ir, and so we parted▪ Now let all the rationall men in England judge where the fault [...] that my account was not made up, and upon this Mr. Tredwell and my selfe went to Li [...], where we fully made Lieutenant Generall Cromwell acquainted how it was with us, who by his earnest importunity with the Earle of Manchester, got him as I remember to order Mr. Whover to pay Mr. Tredwel 150. l. which he received of him, and b [...]sides J per [...]iving before first left Boston, that Col King intended to play the Knave with me. I reserved above 200. p [...]ire of my Hou [...]sters which he should have had from me in my owne hands, and afterwards got M [...]ackson of Boston in his shop to sell some of them for me, and the rest by the Earle of Manchesters expresse order, Col. Edward Ro [...]ter in his necessity had of me, for which [...] [Page 35]remember I received 40. l. of M [...]aver, and besides reserved about 20. l. worth of Sword belts which J was necessitated to bring to London, and have them till in my owne hands, and should willingly take for them lesse by 5. l. then what they cost me, and so much for King.

And now in the second place, for money received by me when I was Lieutenant Colonel of Dragoones, in which service I am sure I spent divers moneths and never received a penny, no not so much as to buy me a horse shooe, being forced to lend my Soldiers money divers times to shooe their horses, part of which I lost for my reward, and I am sure that from Feb 1643. to September 1644. which was 7. moneths time, I received not six pence pay, and then as we marched to Banbury leager, at Daintery towne, I and other of my Officers received at the hands of the Northompton Committee. 800. l. as part of six weekes pay, 215. l. of which Major Evers, my Major had for his troop, and Capt. Beama [...]t 185. l. for his troop, and Capt. Ab­bot, 180. l. for his troop, and my selfe for my troop 220. l. which then by my muster roule and debenter daited from the 25. March, to the 26. of August, 1644. excilu [...] being 22. weekes consisted of my selfe, Lieutenant, Cornet, Quitter master, two Sergeants, three Corporalls, two Drums, and 85. common Soldiers, which said money at that Townes end was immedi­ately paid to the troop, every Cemmon Soldier having out of it sive weekes pay to pacifie the mutinie they were in, and I am sure there was not one Soldier in the muster roule but had it to a penny, and the Officers slaid for theirs tell we came to Ba [...]bury, where I sent my Quarter-master and other Quarter-masters to Mr. Golson. the Treasur [...] for the rest of the six weekes pay, which every troop then and there received; and I am sure mine was faithfully disposed of according to the Muster Roule to a penny, only as I remember, one or two had lost their lives at the C [...]stle before the last money came, and then after that seidge we marched to the seidge of Crowl [...]nd, a service hard and difficult enough, Where my Cornet received 100. of the Cambridge Committee, in part of the foresaid debenter, out of which I paid my Officers and all my Soldiers th [...]n in being 14 dayes pay, which according to the rules and practice of Warre I thinke is more then J [...]eded [...]n strictnesse to have done, for 14 dayes pay according to the forementioned Debenter comes to almost 130. l. all the slaine and dead payes of which tell the [...]ext muster, I might if I Would justly h [...]ve mode my ovvn▪ and then in my absence at Stamford as I remember my Lieutenant made a new muster, from Whom I received three W [...]kes pay, and he himselfe paid the Soldiers their pay, I thinke iustly for when I came down to them at Sir Richard Stones, neare Hunt­lington, heard no complaints from any of them, Where I [...] paid them 14 dayes pay I had r [...]ved for them at London, and they having lately at Melton Mobury had a Skirmish with Sir M [...]mad [...]ke Langd [...], some of my Soldiers were wanting which my Lieutenant told me he did [...]nfidently believe were slaine, upon which at his desire, as I remember [...]paid three Soldiers that he had listed since the last muster, but I was a looser by the bargain, for the Soldiers sup­posed to be slaine were only prisoners, whose pay after their deliverance I faithfully in Glo­cestershire &c paid unto them, and this is all the pay to a penny I received as an officer of D [...]goons, being in all 91▪ dayes pay, w^ch for me, comes to 91. l. And after this being in London, D [...]. Stai [...]es cold me my brother Robert owed him 10. l. which he lent him, which he intrea­ted me to p [...]y him, which I condiscended to, if he Would got me a Warrant from my Lord for 20. l. which he did, and I received ten p [...]unds of the Treasurer, and he ten pound more, and I gave him a receipt fo [...] 20 l. So here is a true account for all the money and pay I received, and I was never un [...]ll [...] to come to a true accompt, but having alwayes truly sought for it, for when the new Modell was a framing, I was by no meine man profi [...]ted a good command in it, but seeing that visibly there was such bitter designes against the poors people of God, who then as well as now were strongly indeavoured to be destroyed by them who with all their might they had indeavoured to preserve, and also the lawes and iustice of the Kingdome to my under­standing [Page 36]in a very sad condition, I plainly told Lieut [...]nant Generall Cromwell, I would die for Tur [...]eps and Carrets before I would fight to set up a povver to make my selfe a sl [...]ve, which expression be relished not Well, Whereupon I told him Sir I Will (if I Were fire to fight a­gaine) never serve a jealo [...]s master While I live, for the Parliament by their late Vote hath declared a i [...] clousie in all men, that W [...]ll not toke the Covenant, Which I can never doe, [...] any other of their [...]athes, and therefore seeing I have served them faithfully, and they are grovvn iealous of me Without cause, after so much assured experience of my faithfullnesse, I Wi [...]l never in the mind I am novv of s [...]ve them as a Soldier, While I breath, let them g [...] Whom they please and doe what they p [...]ease.

And upon my ceasing the life of a Soldier, I with mu [...]h industry and difficulty upon the 1 [...]. November, 1645. got a Petition read in the House of Commons for my Arrear, &c. which Petition you may read verbatum with the Houses answer to it, in the 64, 65, 66, 67. pag [...]s of [...]oc [...]ncy and Truth ins [...]ified, where you will find they order: That it be r [...]fo [...]ed to the C [...] ­mittee of accounts, to cast up and state the accounts of Lieut. Col. Lilburn, and [...]ocertifie What is due to him to this house.

Ordered that it be referred to the Committee of accounts to call Col. King, and Dr. Stane be­fore them and. to state their accounts, and What is due to Lieut. Col. Lilburn from either of them.

And thought it were strange to me to be referred to William Prin my [...]ortall, malicious and deadly enemy, yet I went to the Committee of accompts, and what passed betwixt us, you may read in the 68 page of the last mentioned book, the sum of which was, William Pry [...] be­ing in the chair, tendered to me an oath, which wa [...] to this effect, that J should sweare what what was due unto me, and what I had received, and what free quarter I had had, what horses and armes from the State, which oath for the reasons there mentioned I refused to take, and am stil resolved rather to loose all my money, & to be hanged, before I will make my self such a slave, by depriving my selfe of the benefit of the good and just law of England, by taking such a wicked and unlawfull oath, knowing very well that by the law of England, as well as the Law of God, a man is not bound to sweare against himselfe, where either his own honour, cre­dit or profit is concerned.

And therefore having besides been plundered of divers of my papers concerning my Soldiers and Muster rowle [...] at the seidge of Nowa [...]k, whereby Kings meane [...] I lost foure horses, my port man [...]le, and cloathes, &c. to the value of almost 100. l. and was stript from the Crown of the head to the sole of the foot, and forced to march divers miles without either has, cap or Perewig, (having lately before lost my haire with sicknesse and cruell usage in Oxford Castle, by William Smith, that mercilesse Turke) breaches or d [...]b [...]et, bouts or shoots, over hedge and ditchs for the safety of my life.

By reason of the losse of which papers, it was impossible for me upon my oath to give an exact account, and besides I never in my service dreamt of any such thing, walking then by that rule that was established in the Ordinances then in being, thinking that if the Army Comittee that was set over us to looke to usSee the Ordinance for the Earle of Manchesters Army of the 15. July 1643. b. d. 2. pt f. 275, [...]76, 178. and of the 10. Aug. 1643. fol. 286. and of the 11. [...]ct. 1643. f. 360. and of the 20. Jan. 1643. f. 413 4 [...]4, 415.416 and of the [...]5. May 1644, 492, 493. and of the 26. Sept. 1614. f. 451.452. and compare them altogether and see if the Committee of accounts, or their selfe accusing oath be in any of them, and if not, why am I requi­red to take it. and the Counsell of Warre that was to punish us for any the least mis­demeaner committed, had nothing to say to me nor accuse me of, that I should have had my ac­counts [Page 37]audited and signed by those persons named in the Ordinances under whom I ser­ [...]ed, and not be brought to a Committee at London, that was not in being when [...]ingaged my [...]se, nor had all the while I was a Soldier no power over us, nor never was in the field to know that belongs unto a Soldier, and are meerly in my apprehension intentively erected to cheat and insnare honest & faithful Commanders of their just due, though for my part I do acknow­ledge I hate no particular charge concerning my selfe against any of that Committee but [...]ryn.

And when I told-them I had my commissions ready to justifie my service, and craved so much money as my right for my faithfull service, and therefore desired them to let me receive a charge what moneys, &c they could six upon me, and I shall either acknowledge it or disprove [...], but they told me they could doe nothing in my businesse unlesse I would take the oath, then [...] told them I must and would repair againe to the House of Commons that sent me thither, so I was dismist without receiving any charge, though I earnestly desired it, and so it remained and I followed my other businesse about obtaining reparations from the houses about my Star-Chamber sufferings, which when I had got it into a good forwardnesse to divert and disinable me to follow it by Pryns meanes, as I conceive, I was summoned to come before the Com­mittee of Accounts with a warrant in these words.

And comming before them, I desired to know their plesaure with me, and Mr. Pryn being in the Chair told me to this effect, Lieut. Col. you were some months agoe with us, by vertue of an order of the House of Commons about your accompts, and we gave you time ever since to state them, but we hearing nothing from you, according to our expectation about them, wee have sent for you to cleare your selfe of above two thousand pounds that is fixed upon you to be [...]eceived of Mr, Goulsone the treas [...]ter, Mr. Weaver, and Col. King, unto which I replyed to this effect, with the favour of this Committee, I by my owne seeking procured the Order from the House of Commons that gave you particular cognizence of my accounts, and accordingly I of my own accord brought it to you, being not compelled therunto by any man, & according to that which J conceived just I [...]estly desired of you, that the par [...]es concerned [...]o my ac­counts might by you be summoned to come before you, & that face to face I might rective a charge of what monys they had paid me, that so I might either confess it or disprove it, and then obtain your certifica [...] for that which is behind, as due to me, which I am very confident it di­vers hundreds of pounds for any pay for my hazard us, faithfull and industrious service, and tru­ly Gentlement, you refusing this unto me as you did, and would [...]e had me upon my path to have charged my selfe, which J for my part though you have an Ordinance of Parliament to [...]horise you so to doe, did, and still doe conceive it unjust, and therefore without hope from [Page 38]you departed to seeke my right, in a more legall and just way from those that sent me, [...] these was the tearmes upon which we then parted, and I am sure you neither desired not com­manded me any more to come to you, neither did I promise to come to you, and besides th [...] losse of time, is no l [...]sse to you nor the State, but to me, in whose debt the State is, and a [...] I to them, and assure your selves, if I had not assuredly known that the State is in my debt, I would never have taken so much paines, to have run through so many difficulties to have got my accounts audited.

And set the 2000. l. and above, you say I am to account for, it is very strange to me how it is possible to fix such a charge upon me, having never received I am confident [...]00. l. of the Earle of Manchester, or any under him, for all my ser­vice under his command [...]t is true, when I was a prisoner in New gate by the House of Commons, they upon the petition of some of my friends in London, (which you may read in Innocency and Truth justified, pag, 29. [...]0. sent me 100. l. which I was t [...]ld was in part of my arrears, though I did, and still doe l [...]ke upon it, as a gratitude of the house, for so unjustly imprisoning me, as then they did, or else of Mr. Sp [...]ker who was the principall instrument of clapping me by the heeles, without ever hearing me speake one word for my selfe or examining one witnesse against me, or ever to his day telling me wherefore I was so imprisonned. and for the money for my Soldiers, it was most commonly paid unto my officers, and besides it was so little, and so seldome, and so well knowne before we received it, to the Soldiers, how much it was, that it was impossible for me or any under me, to co [...] them, much l [...]sse of any such sums, to be compa­red to 2000. l. And therefore I make it my ear­nest desire unto this Committee, that I may re­ceive a particular charge from you in writing, and that J may not be tyed up to a few dayes to an­swer it, but that I may have some competent time allowed me, that so I may not be hindred or disinabled to perfect my businesse now depending before the Lords, which I have already made a good progresse into, and have got a decree for 2000. l. for my Star Chamber sufferings, and am dayly to waite upon them to perfect an ordinance they intend to make and send downe to the house of Commons, to inable me effectually to receive the full benefit of their decree, and hope Gentlemen, you wil not hinder me to follow my business, by cōmanding me to wait here upon you, when I must of necessity be waiting upon the Lords or the Commons, and if you should command me to waite here, and I not come, by reason of my businesse at Westminster, which J am sure some of you knowe [...] of, you would goe neare to take it for a contempt, yea, and for it, it may be clap me by the heels, by meanes of which my businesse with the houses would utterly be undon, and therfore I desire some competent time, but as I remember it was possitive­ly told me they could not give me such a particular charge as I desired, before I had taken the oath, but yet divers of the Merchants said, God forbid they should hinder me from following my businesse at Westminster, especially seeing as one of them said, my businesse before [...] obtained by my own solicitation, which they conceived I would not so earnestly have follow­ed unlesse it had been for my owne advantage, and hoped for benefit, notwithstanding the ch [...]pt of 2000. l. &c. against me, but Mr. Pryn pressed that I might speedily come againe, that so the state might not suffer by reason of the moneys I had received, and before them stood charged with. Truly Gentlemen for all this charge, I [...]m every consider [...] shall make it evident that I have been, and am as free from defrauding the State, or any of my officers or S [...]e [...]s of a penny as any man in England that ever the Parliament imployed, and I am [...]ure that J am not in the Parliaments debt, but they in mine, and seeing that which J seeke from them is but some hundreds of pounds and the businesse I am now of following of concernment to me, [Page 39]two thousand pounds thick, I pray give me leave for a time to lay the lesser concernment aside, that so J may not be disinabled to prosecute the obtaining of the greater, and Sir, if you Mr. Pryn thinke I am not responsible to answer the charge, you may either put in a barre to make stoppage of the money I expect to receive by my decree, or else I will put you in good securitie to answer this charge. With which the Committee was satisfied, and demanded of me what time I would demand, but I told them I conceived it not [...]venient for me to make my demand, before I heard how long time they were willing to give me, and they bid me take a moneth or six weekes, for which I thanked them but withall to [...]d them, I would be with them sooner if I g [...]t my businesse done, but if I could not get it done, J [...]old them I thought I should sca [...]ce be able to wait upon them, [...]ell I had perfected that, so they left it indifferent. And this relation which here I have made for the substance of it, is a reall truth, I doe protest it in the sight and presence of God, and therefore dear friend. I pray you judge and consider seri­ously of the [...]itter and implacable mallice of this lying and base fellow Will [...]am Pryn, for I doe assure you to [...] remembrance I failed not to be at Westminster every day the Parliament sate, to follow my foresaid businesse, from the day of my being before he said Commi [...]ee of ac­c [...]unts, to the day of my unjust imprisonment, in New gate by the Lords, which I am confident of, William Pryn by his secret and close designes h [...]d a finger in, and that he laboured by all the in a [...]s he could to [...]inder me from obtaining my said two thousand pounds, for immediately upon my good successe in the Lords house, his brother in Evill Doctor Bastwick, put in his businesse of purpose to clo [...] mine, so they all sate still before I had likely without rub to ob­taine my just desire, and being a Presbyter, obtained quick dispatch there, and as I was in­formed fo [...]re thousand pounds, for his damages, although I am confident of it, my bodily sufferin [...]s was twenty times more then his, and I am confident of it in the eye of reason there was twenty times more visible ground for his sufferings th [...] mine, I having not writ [...] line against the Bishops, &c. nor medled with them, tell they forced me to flye London, and hee had avowedly writ divers provoking, and invective bookes against them before his sentence in the Star-Chamber. And b [...]sides I am confidently perswaded Pryn was the maine instru­ [...]e it to provoke his rea [...]e our Tyburne deserving comrad?, and extraordinary great associate, Colonel Edward King to arrest me upon he 14. of April 1646. in a false and fained action of two thousand pound, for calling him Traytor, which I aver he is to the Parliament (if a man can commit treason against them) having [...]s will easily be proved, (if the Parliament would doe any justice upon knaves and Vi [...]ams) betrayed his trust reposed in him derivitine from and by the Parliament at Crow [...]a [...]d, &c. which said unjust arrest did not only disinable me to follow my businesse, but necessitate me to write that f [...]ll Epistle to Judge Re [...], dated the 6, of Iune, 16 [...]6, now in print, and called the Iust mans Iust [...]fication, in which I have so truly, and lively pictured, the said unworthy follow King, that I beleeve all the picture drawers in England cannot mend it, and being necessiated by way of defence to touch [...]e Lord of Manchesters exceeding guilty conscience for protecting Col. King from the [...]allowes, contrary to justice and right and the Law marria [...] established by ordidance of Parliament u [...] ­der which authority they both fought, though J am apt to thinke neither of th [...] ever [...]ild anything that had more danger in it then a R [...]t, yet I say for that very Epistle the Earle of Man­chester as to me is visibly caused me upon the 10 of Iune 1616. to be summoned up to the Lords barre, who by law ar [...] none of my IudgesSe Magna Charta, Chap. 29. and the Petition of Right, which confirmes i [...] Cooke 2. part institutes fol. 27, [...]8. 46. 47, 48. V [...] Plebis, pag. 3 [...]. 3 [...]. 29 [...]. 41. Regalley [...]nny, page 43. 44 7 [...]. 76. Londons Liberty in Chains discovered, pag. 68, 69 the Oppressed mans oppres­sions declared, pag. 17, 18, 19, the out cryes of oppressed Commons, pag. 2, 3. 4. also the Anotomy of the Lords tyranny. being not any Peers and Equalls, and there himself [...] [Page 40]being Speaker, would c [...]ntrary [...] [...]ined me upon inter regri [...]ies, for which [...] necessitated in writing to pro [...]st against [...] which pioust you may read in the 5. 6. p [...]ges [...] The Fr [...] [...], [...]et which they unjustly committed me, and for which to this day I lye by the heeles, so not doubting but I have fully [...] your objection, I commit you to God, and rest, your faithfull and true friend ready to lay downe his life for the liberties of his Country Iohn Lilburn.