To every individuall Member of the Honourable House of COMMONS: The Humble Remembrance of Lievtenant Col. JOHN LILBURN.
VOuchasafe to take notice and seriously to consider, That the first week this present Parliament sat, which is now almost full eight years agoe, I presented a humble Petition to the House of Commons, for justice and right against the cruel Judges of the high Commission Court, and the Starchamber, and I had the honour (the same day it was presented) to be one of the first prisoners in England that was set at liberty by this Parliament, and also received a speedy, full, faire and canded proceeding, in the hearing and examining of my tyrannicall sufferings; but by reason of multiplicity of publicke businesse, &c. I have not as yet been able to attain to the full end of my legall and just expectation and right, viz. Reparations for my long, sad and tormenting sufferings, by the foresaid unjust and unrighteous Judges.
Be pleased also favourably to take notice, That upon the first of August last there was an humble Petition presented to the Honourable House of Commons, subscribed by many thousands of honest Citizens &c. humbly to desire you to put me in the full possession of all your by past just Votes about my foresaid sufferings: upon reading and debating of which Petition, as inanswer to that particular of it, your House were pleased to make this insuing Order.
Die Martis 1. Augusti. 1648.
IT is referred to this Committee or any five of them, to consider how Col. John Lilburne may have such satisfaction and allowance for his sufferings and losses, [Page 2]as was formerly intended him by this House.
unto which said Committee at there first sitting I presented a Petition; the Copy of which thus followeth.
To the Honourable the Committee of the House of Commons appointed to consider of Lievt. Col. Lilburns busines in reference to the Starchamber.
The humble Petition of Lievtenant Col. John Lilburn,
THat besides your Petitioners sufferings by reason of his banishment into the low Countries, he was I committed by D. Lamb, Gwin, Aylet, 1637. and afterwards had 3 years imprisonment in the common Gaole of the Fleet; being whipt from Fleet-bridge to Westminster, and enduring the cruel torment of above 500 stripes with knotted Cords: afterwards being set in the Pillory for the space of two houres; and by James Ingram Deputy Warden of the Fleet, gagged, tearing his Jawes almost in peeces, without Order: which sentence was given by Lord Keeper Coventry, Earle of Manchester Lord privy Seal; Lord Newburgh, Sir Henry Vane Senior: Lord Chief Justice Brampston, and Judge Jones. And after the barbarous execution of this sentence, being April 18. 1638. The said Lord Coventry, Arch Bishop of Canterbury, Bishop of London, Earle of Manchester, Earle of Arrundell, Earle of Salisbury, Lord Cottington, Lord Newburgh, Secretary Cooke, and Windebanke, passed another sentence in effect for the Starving of your petitioner, and for the tormenting of him with Irons upon both hands and legs night and day; and by keeping him close in the common Gaole of the Fleet from the speech of any of his friends; all which was executed with the greatest cruelty that could be, for the space of almost three years together, to the apparent hazard of his life, both by starving him, which was with all art and industry severall waies attempted, and also by severall assaults made upon him by the said Wardens, men (instigated thereunto by the said deputy Warden, to the mayming & wounding him, whereby to this day he is totally deprived of the use of two of his fingers: All which with much more too tedious to be hear inserted, was fully proved by sufficient witnesses, before a Committee of your House, whereof M. Francis Rouse had the Chaire, upon whose report made May 4. 1641, Your House Voted, That the sentence in the Star-chamber given against the said John Lilburne, and all the proceedings there upon was illegall, and against the liberty of the Subject, and also bloody, wicked, cruel, barbarous and tyrannicall; and that he ought to have good reparations therefore, which Votes (by reason of multiplicity of businesse in your House) cost your Petitioner some years of importunate and chargeable attendance to git them transmitted to the Lords, which was obtained in Febr. 1645. The 13. day of which Moneth your Petitioners whol cause was effectually opened at the Lords Barre, by his learned Councel M. Bradshaw and M. John Cooke; and there every particular again proved upon Oath by testimony of people of very good quality, whereupon they concurred in all things with the House of Commons, saving in the matter of reparation; but upon the delivery of a true narrative, the Copy whereof is hereunto annexed, which your Petitioner with his own hands in the same moneth delivered unto [Page 3]every individuall Lord) they made a further decree that your petitioner should have 2000 li reparations out of the estates of the said Lord Cottington, Sir Francis Windebank and James Ingram, for the reasons alledged in an Ordinance which they passed in April 1646. and transmitted to your House, where it hath lain dormant eversince, and is now referred to the consideration of this honourable Committee,
Now forasmuch as by the judiciall Lawes of God, which are the pure lawes of right reason, he that wilfully hurteth his neighbour, is bound to the performance of these five things. First, If it be a blemish or wound, like for like, or to redeem it with money, thereby to satisfie him for his wound. Secondly, For his pain and torment. Thirdly, For the healing. Fourthly, For his losse of time in his calling. Fiftly, For the shame and disgrace; all which are to be considered according to the quaility of the person damnified: which reparations are to be paid out of the best of the goods of him that damnified him, and that without delay.
And as the Law of God, so the Lawes of this Nation, doth abhorre and hath severely punished (above all persons) Judges manytimes with the losse of their lives and estates, who under colour of Law, have violated their Oaths, and destroyed the lives, liberties, and properties of the People whom by law they should have preserved: as may be instanced by the 44 Judges and Justices hanged in one yeare, by King Alfred; divers of them for lesse crimes then hath been done in this case of your petitioner: As may be read in the Law book, called the Mirrour of Justice, translated and re-printed this very Parliament: and by Justice Thorpe in Edw. the thirds time, who was destroyed for the violation of his Oath, for taking small sums of money in causes depending before him: as appears in Cooks Institutes.
And by the Lord Chief Justice Trisillian, &c. who in full Parliament, in Rich. the seconds time, was attached as a Traitor, in the forenoon, & had his throat cut at Tyburne in the after-noon, because he had given it under his hand that the King might create unto himself at his pleasure another rule to walk by then the Law of the Land prescribes him: as appears by the Parliament Records in the Tower, and by many of your own Declarations.
Now for asmuch as your petitioners sufferings hath been unparralled, and his prejudice sustained thereby altogether unrepairable; having lost his limbes, &c. And forasmuch as by the Law of God, nature and Nations, reparations for hurts and damages received, ought to be satisfied as far as may be in all persons, though done by accident and not intentionally, and though through ignorance: much more when the persons offending, did it knowingly and on purpose in the face, nay, in the spight of the fundamentall Lawes of the Laud, which they were sworn to preserve: And for that the reparations in the said Ordinance assigned doth scarse amount to what your petitioner spent in his three years sad captivity, and his now almost eight years chargable attendance, in suing for it, besides the losse of a rich & profitable Trade for eleven years together; and his wounds, torments, smart and disgrace sustained by his said tyrannicall sentences.
He therefore humbly prayeth the favour and justice of this honorable Committee for some considerable augmentation of his said reparations, and the rather, because his fellow sufferer Doctor Bastwick had 4000 li. reparations alotted him, whose sufferings (he submissively conceiveth) was nothing nigh so great, in torment, pain and shame as your Petitioners) And forasmuch as the now Lord Coventry, son and heire to the foresaid Lord Coventry, hath walked in his Fathers Steps, in enmity to the Lawes, Liberties and freedome of the Nation; by being in armes at the beginning [Page 4]of the wars against the Parliament, and made his peace with the Earle of Essex for a small matter, and hath since diserted the Kingdome, living in France privately, receiving the profits of a vast estate which his Father left him. And forasmuch as his said Father (the late Lord Coventry) was the activest man in the infringing the Lawes and liberties of the Nation; although a Lawyer and Judge, sitting on the supreme seat of Justice, and a person (as is groundedly c [...]nceived) who got a great estate by corruption) and particularly a man that principally passed, as chief Judge of the Court; both the aforesaid sentences against your Petitioner: And inregard the estates of the said Lord Cottington, and Sir Francis Windebank, by subsequent orders of both Houses upon urgent occasions are much intangled and altered from the condition they were in, in 1646. when the Lords ordered your Petitioner 2000 Maskes out of them, and for that the estate of James Ingram cannot be found nor at present come by. Your Petitioner therefore most humbly prayeth, That the greatest part, if not all your Petitioners reparations may be fixed upon the said now Lord Coventries estate, to be immediately paid your Petitioner; or else that his Rents, & the profits of his woods, and goods may be seized in the respective Counties where they lye, for the satisfying thereof; that your Petitioner may no longer run the hazzard of ruine to him and his, by tedious delaies, having already contracted the debts of many hundreds of pounds, occasioned by the chargable prosecution hereof: And that if you shall think of conjoyning any other with him, That it may be principally the Judges of the Law; who ought to have been Pilots and guides unto the rest of the Judges of that Court, who were Lords, and persons not knowing the Law.
After the reading of which they entered into a serious debate of the whole businesse, and thereupon passed severall Votes to be the heads of an Ordinance to be drawn up and reported to the House, by the Right honourable the Lord Carre, Chair-man to the said Committee, who accordingly reported the proceedings and votes of the said Committee to your House, who approved of the said Votes, and Ordered an Ordinance to be presented to the House consonant thereunto, which was accordingly done by the Lord Carre, which Ordinance hath been once read in your House: The Copy of which thus followes.
An Ordinance of the Lords and Commons Assembled in Parliament, for the raising of three thousand pounds, out of the reall Estate of the late Thomas Lord Coventry; late Lord Keeper of the Great Seal of England, for and towards the reparation and damages of John Lilburne, Gent. which he susteined by ver [...]ue & colour of two Sentences given and made against him, in the late Court of Starchamber: the one the 13. of February, 1637. and the other the 18. of April, 1638.
WHereas the cause of John Lilburn, Gent. concerning two Sentences pronounced against him in the late Court of Starchamber, 13. Febr. 13. Car. Regis, and 18. April, 14. Car. Regis. (which were Voted the 4. May, 1641. by the House of Commons to be Illegall, and against the liberty of the Subject, and also bloody, wicked, cruel, barbarous, and tyrannicall,) were transmitted from the said House of Commons, unto the House of Lords; who thereupon, by one Order or decree by them made, 13. Febru. 1645. Adjudged and Declared the said proceedings of the said Starchamber, against the said John Lilburn, to be Illegal, and most unjust, and against the liberty of the Subject, and Law of the Land, and Magna Charta, and unfit to continue upon Record, &c. And by another Order or Decree, made by them the said Lords, the the 5. March, 1645. they assigned to be paid unto the said John Lilburn, the summe of two thousand pounds, for his reparations; and the said House of Peeres then fixed that summe upon the estates reall, and personall, of Francis Lord Cottington, Sir Francis Windebanck, and James Ingram, late Deputy Warden of the Fleet: and afterwards for the present levying thereof, with allowance of Interest, in case of obstruction, while the same should be in levying, and of such part as should not be forthwith levyed; The said House of Peers did cause an Ordinance to be drawn up, and passed the same in their House, the 27. April, 1646. and afterwards transmitted the same to the House of Commons, for their concurrence; with whom it yet dependeth. And for as much as since that transmition, all, or the greatest part, of the estates of the said Lord Cottington, and Sir Francis Windebanck, is since by both Houses disposed of to other uses, and the estate of the said James Ingram, is so smale and weak, and so intangled with former incumbrances, that it can afford little or no part unto the said John Lilburn, of the said reparation. And for that the said late Lord Coventry, was the principall Judge; and chief Actor, in the giving of both the said Illegal Sentences, in the said Court of Starchamber; and for the barbarous inflicting of punishments thereupon:
Therefore, and for satisfaction of the said two thousand pounds, and for the increase of reparation unto the said John Lilburne for his extraordinary wrongs, sufferings and losses thereby susteined, and the long time hitherto elapsed without any satisfaction. The Lords and Commons assembled in Parliament doe ordain, And be it hereby ordained by the said Lords and Commons and by Authority of the same, That the said John Lilburne shall have and receive the summe of three thousand pounds, out of all, or any the Mannours, Mesuages, Lands, Tenements and Hereditaments, whereof he the said late [Page 6] Thomas Lord Coventry, or any other person or persons to or for his use, or in trust for him, was or were seized in see-simple or see-raile or other wise, at the time of the saide sentences or decrees or of either of them, in the said late Court of Star-chamber, or fince within the Kingdome of England or Dominion of Wales, any Order or Ordinance heretofore made by either or both Houses of Parliament for the imployment of the estate of the said late Thomas Lord Coventry to the contrary hereof in any wise notwithstanding. And for the more speedy levying of the said summe of three thousand pounds, It is further Ordered and Ordained, That the severall and respective Sheriffs, of the several and respective Counties, within England and Wales, wherein any of the said Lands, Tenements, or Hereditaments doe lye, shall forthwith upon sight, and by vertue of this Ordinance cause an inquisition to be made, and taken by the oathes of twelve or more Iawfull men, where the same lands do lye, and what the same are and do contain, and of the clear yearly value thereof, over and above all charges and re-prises; and after such inquisition so made and taken, the said severall and respective Sheriffs, shall deliver unto the said John Lilburn true copies in Parchment of the same inquisitions by them taken, and shall then also deliver unto the said John Lilburne the said Lands, Tenements and Hereditaments which shall be so comprised or mentioned in the said inquisitions. To have and to hold, to him the said John Lilburne and his assignes without impeachment of wast; and untill he shall have received out of the issues and profits thereof (to be estimated according to the yearly valews contained in the said inquisitions) the said summe of three thousand pounds; together with all reasonable charges and expences to bee sustained from henceforth for obtaining the said summe of three thousand pounds: And all and every the said severall and respective Sheriffs, and all other person and persons whatsoever that shall any waies act or assist in obedience to this Ordinance, according to the true intent and meaning thereof, shall bee therfore defended and kept harmlesse by the authority of both Houses of Parliament.
Be pleased further to take notice, That after the foresaid Ordinanance, was once read it came to a debate in your House for to be read the second time, which was carried in the negative by majority of voices; and I cannot but apprehend that there were divers in the House unsatisfied in the Ordinance it self, in regard the House was divided upon the debate and Vote, which I cannot but apprehend must flow from one of these two considerations.
Frist, Either because that the whole reparations is fixed upon the Lord Coventries estate singly, who had many co-partners in the sentences, and who also it may be supposed hath explated his crime by his death. Or else secondly, Because in some mens thoughts, some of my late actions have (or are) been so evill in themselves that they may seem to them to over ballance the merrits of all my ancient sufferings.
To the first of which, besides the reasons contained in the foregoing Petition, I humbly crave leave to offer these unto your juditious consideration.
First, I have by almost eight years dear-bought experience, found the interest of some of my forementioned potent Judges (who yet fit in both Houses of Parliament) to be too strong for me to grapple with (and the only cause in my apprehension that hath al this while kept me from my own) and the refore my own interest (which compels me strongly to endeavour by all just waies and means to attain to my just end reparations) [Page 7]necessiates me as much as I can to wave the fixing upon them.
Secondly, I continually finde amongst the greatest part of my Judges an apprehention in their own spirits, that in conscience and equity there ought to be fauour shewed to those of my Star-chamber Judges that have joyned with the Parliament and Kingdome, rather then to those that have fought and contested against them both and that seeing the later are able enough in estates to make satisfaction, it ought in conscience and equity soly to lye upon their heads; and I being not to guide or command my Judges, but rather to be in this guided and commanded by them, and to acquiese in their reasons they give me, especially when my own understanding tels me they most conduce to the obtaining my main end, which is justice in the possessing of my own. Now these things considered, and conjoyned to the reasons laid down in my foregoing Petition, I submissively conceive, as things now stand, in Law, equity and conscience, no juster object can be found for you to fix my reparations upon then the reall estate (where-ever it is to be found) of the late Thomas Lord Coventry, who was the principall actor in this bloody tragidy: and who was not lesse eminent in cruelty then in place, being Judge of the highest seat of mercy, the Chancery, which ought to abate the edge of the Law, when it is too keen: Now for the chief Judge of mercy to degenerate into a savage cauelty, not heard of amongst the barbarians, nor to be read of in the histories of the bloodyest persecutors, how trancendently hainous and punishable is it?
And though he be dead, yet justice lives; and whatsoever is become of him, his estate ought to make satisfaction, according to the rule of his own court of Star-chamber, he that suffers not in his body, must suffer in his purse. And therfore I may justly expect my reparations out of his reall estate that he was possessor of at his death, where ever I can now finde it; whether it be in the possession of the present Lord Coventry, or others; and you may there as righteous judges fix it for these reasons;
First, Because the said Tho. late Lord Coventries real estate, in equity, if not in the eye of the Common law, ought to satisfy his debts, though dead; though now it be in the possession of the present Lord Coventry &c. and in reason and conscience there is at least as much equity that it should repair injuries, especially of so high a nature as mine is of; and the rather, if it be considered that the late Lordkeeper Coventry had, besides his real estate, a very considerable personal estate at his death; which I desire not to medle with, although it be descended to his heires &c.
Secondly, Because the estate now in the hands of the son and heire, &c. of the late Lord Keeper Coventry descended from him, and was in the hands of the said late Lord Keeper Coventry himself, at the time and some years after his passing the forementioned two illegall and barbarous sentences against me. Now in case I could have enjoyed the benefit of the Law then, or immediatly after they were passed against me, I might by an action of the case have had at Law satisfactory damages out of his estate: And if there was any Law or equity for reparations to be given me out of his estate then, the equity and justice of the case is nothing altered by the said late Lord Coventries desease, and bequest of the same estate to the present Lord Coventry his Son or others
Thirdly, because the late Lord keeper Coventries, passing such sentences as he did against me, was (as may appear by the Votes of your own House, made in the case, 4. May, 1641.) a subversion of the Fundamentall Lawes and Constitutions of the Land, and in the Case of the Earl of Strafford, that was adjudged Treason: And in the case of Treason, the Law doth dis-inherit and dis-franchise all the posterity of any one adjudged guilty thereof; therefore my reparations for transcendent injuries, done in such an extraordinary case, out of the estate of the Father, though it be descended to the Son, or [Page 8]Sons, &c. is no injury to them in equity nor conscience: neither doe I conceive, that in case this Parliament should impose a Fine of ten-times as much as my reparations amounts unto, out of the aforesaid late Lord Coventries vast estate, to be paid to the publike pur [...]e of the Kingdome, for the satisfaction of the publike Justice thereof, and the expiation of his notorious and suparlative crimes, could not in the least, in equity, reason and conscience, be esteemed unjust in the eye of any impartial, righteous, or just man in England; And so much in Answer to the first Objection.
And now with all respect to the Just Honour of Parliament, a word or two to the second: which is, That it may be in some Parliament Mens thoughts, the evil of some of my late actions, may way down the merit and desert of all my ancient sufferings; and therefore to quit scores with me, without passing my Ordinance for Star chamber reparation is to large Justice in the strictnesse of Justice for me?
To which with all modesty and respect, I Answer:
Admit my late actions were as vilde, and as punishable, as by the worst of my enemies can be supposed to be, yet there can be no Justice in quiting scores with me therefore; and the reason is, because that were not only to punish me for good actions done, which my sufferings against the Starchamber was, and was almost eight-years ago so adjudged by your own Votes: but it were also to acquit and gratifie the guilty and obnoxious, which the present Lord (Coventry upon your own principles) is, as well as his Father was: and the Spirit of truth saith, To justifie the wicked, and to condemn the Righteous is both, an abomination in the sight of God.
Secondly, I answer: It is not now seasonable for me to justifie my self, but rather to intreat you to doe me Justice and right, in passing my present Ordinance without any more delay, for my reparations; wherein I have deserved well, by your own often and ancient confessions, before ever you had any pretence to fix upon me, or lay unto my charge; and when you have so done, if for any subsequent actions, any of you be offended at me; I will put you in sufficient and good Security to answer the Law, without interceding for mercy or compassion: But O if you be men of gallantry, Justice, honesty, or conscience, punish not my poor and afflicted Wife, and tender Babes, for my pretended transgressions, by exposing them to famish, or eat one another, by keeping my own from me, which should preserve them alive, voted unto me by your selves, almost eight years ago; and when you have done; doe your pleasure with me, even whatsoever seems good in your eyes: rather then expose me to see my dearest Consort, and the tender offspring of our wombs, to perish before my eyes; which I must ingeniously confesse, the strength of duty, and naturall indeared affections, will not inable me to behold, with patience and silence: So desiring God to direct your hearts, now at the last, to doe just and righteous things to me, and the Kingdome, for just and righteous ends. I take leave, in sincerity, to subscribe my self,
Neverthelesse we, according to his promise, look for new Heavens, and a new Earth, wherein dwelleth righteousnesse: