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<DATE>2010-01-05</DATE>
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<NAME>Kayla Ondracek</NAME>
<RESP>MURP</RESP>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1" MS="y">
<HEAD>THE FREE-MANS <HI>FREEDOME &V;INDICATED.</HI> OR A true Relation of the cau&s;e and manner of <HI>Lievt. Col. Iohn Lilburns</HI> pre|&s;ent <HI>impri&s;onment</HI> in <HI>Newgate,</HI> being thereunto <HI>arbitrarily</HI> and <HI>Ille|gally</HI> committed, by the <HI>Hou&s;e of Peeres,</HI> Iune <HI>11. 1646.</HI> for his delive|ring in, <HI>at their open Barre,</HI> under his <HI>Hand</HI> and <HI>Seal,</HI> his <HI>PROTES|TATION,</HI> again&s;t their <HI>incroaching</HI> upon the <HI>Common Liberties</HI> of all the <HI>Commons</HI> of <HI>England,</HI> in endeavouring to try him, a <HI>Com|moner</HI> of <HI>England,</HI> in a criminall cau&s;e, contrary to the expre&s;&s;e ten|nour and forme of the <HI>29. Chap.</HI> of the great <HI>Charter</HI> of <HI>England,</HI> and for making his legall and iu&s;t appeal, to his competent, propper and legal <HI>Tryers</HI> and <HI>Judges,</HI> the <HI>Commons</HI> of <HI>England,</HI> in <HI>PARLIAMENT</HI> a&s;&s;embled.</HEAD>
<P>TRue bred <HI>Engli&s;hmen,</HI> that have a life to lay down, for the defence of your ju&s;t Liberties and Freedomes, (for to &s;uch alone J direct my &s;peech) a|gain&s;t all <HI>incroachers, de&s;troyers, and u&s;urpers</HI> thereof, (be they what they will be) I de&s;ire to let you under&s;tand, that I your Countryman among&s;t many others, have imbarqued all that I have in this world, in this one ve&s;&s;ell, <HI>cal'd the good Ship of good Hope,</HI> &s;ayling in the trouble&s;ome Seas of <HI>England,</HI> bound for the long de&s;ired Port, called the &s;afe injoyment of <HI>Englands liber|ties and freedomes,</HI> the direct roade tending thereunto, <HI>is the path of Iu&s;tice,</HI> without the &s;ayling in which roade, it is forever impo&s;&s;ible to arive there; And therefore fearing my Venture &s;hould lately mi&s;carry, I tooke upon me the bouldne&s;&s;e to write an Epi&s;tle to Judge <HI>Reeve,</HI> one of <HI>Englands Pilots,</HI> which hath occa&s;ioned a de&s;perate Storm to ari&s;e again&s;t me in particular, though there be nothing but whol&s;ome and &s;ound ad|vice therein contained.</P>
<P>And perceiving by my late being with the Judge, that it was not well taken, nor likely to provide for my &s;afety, again&s;t Col. <HI>Edward King,</HI> one of Englands rotten members, and branches, fit for nothing but to be cut off, out of Englands plea&s;ant and fruitfull Vineyard I thereupon writ further in&s;tructions to my Atturney, to draw up my Plea, which thus followeth.</P>
<LETTER LANG="eng">
<HEAD>To his faithfull and much re&s;pected friend and Attorney, Mr. <HI>George Ingram,</HI> at his Chamber in <HI>Cliffords Inne, the&s;e.</HI></HEAD>
<PB N="2" REF="2">
<OPENER><SALUTE>Sir</SALUTE></OPENER>
<P>IN the cau&s;e wherein Colonell <HI>Edward King</HI> is plantive again&s;t me, in an action for pretended words &s;poken by me again him: <HI>I</HI> entertained you to be my Attur|ny, whereupon you appeared for me, and received <HI>Kings</HI> declaration the la&s;t Tearme to which <HI>I</HI> am now to plead, <HI>I</HI> de&s;ire you therefore to plead to the &s;ame, that the &s;aid <HI>Edward King</HI> long before the prete~ded words alleadged by the declaration, to be &s;po|ken viz. in Augu&s;t 1644. was by Ma&s;ter <HI>Muffenden</HI> and Ma&s;ter <HI>Wolley</HI> and divers others of the Committee of Lincolne, accu&s;ed and charged before the Honourable Hou&s;e of Commons of high Trea&s;on, for his betraying the towne of <HI>Crowland</HI> un|to the Enemy, as by the fourth Article of the &s;aid charge (whereunto reference be|ing had) will appeare. And by the twelf Article of the &s;aid charge, the &s;aid <HI>Edward King</HI> is accu&s;ed for the negligent lo&s;&s;e and delivery up of <HI>Grantham</HI> to the Enemy, which is adjudged to be high Trea&s;on, Rot. Parl. 7. <HI>Richard</HI> 2. Num. 38. 39. 40.</P>
<P>And for further plea, that the &s;aid charge was before this action brought, and yet is &s;till depending, and only examinable and triable in Parliament, neither is the &s;aid Colonell King yet acquited or tried for the &s;ame, be&s;ides plead al&s;o that I am a wit|ne&s;&s;e &s;o the proofe of the &s;aid Charge, and &s;o not compellable to make further an&s;wer, or othe plea then this, untill the &s;aid <HI>King</HI> have had his triall upon the &s;aid Charge of high Trea&s;on in a Parliamentary way. This I hope the Court will accept and approve of, for a &s;atisfactory and plenary an&s;wer and plea to his declaration, which you may draw up in forme as you &s;hall find cau&s;e, whereunto I doe Authorize you, and for this pleading, this &s;hall be your warrant <HI>and di&s;charge,</HI> this I thought good to doe for the preventing of any colourable advantage, Colonell <HI>King</HI> might &s;eeme to have, or any waies take through my neglect, or for want of a warrant to you to plead to his declaration, a judgment &s;hould pa&s;&s;e for him again&s;t me by default.</P>
<P>I have written to Ma&s;ter Ju&s;tice <HI>Reeve,</HI> &s;etting forth the true &s;tate of the cau&s;e, a printed coppy I left at his hou&s;e for him, which I perceive he hath peru&s;ed, another I &s;end you here inclo&s;ed, whereby you may be the better informed, and inabled to draw up my plea, and what you &s;hall doe herein according to this warrant, <HI>I</HI> &s;hall allow, in te&s;timony whereof to this my warrant <HI>I</HI> have &s;ub&s;cribed my hand, and &s;et to my &s;eale this ninth day of June 1646. and re&s;t,</P>
<CLOSER><SIGNED>Your affectionate and faithfull friend <HI>JOHN LILBVRNE.</HI></SIGNED>
<POSTSCRIPT>
<P>Sir, if you think fit to &s;hew this to Judge <HI>Reeve</HI> or any other I &s;hall approve of it.</P>
</POSTSCRIPT></CLOSER>
</LETTER>
<P>Being moved out of mature con&s;ideration, to give him the&s;e in&s;tructions, becau&s;e, (as J told him) if J &s;hould plead in a formall way to the Plea, guilty, or not guilty, I &s;hould thereby be the beginner of a dangerous pre&s;ident of de&s;tructive con&s;equence to the wholl Kingdome, becau&s;e that if a man intru&s;ted, did turn traytor, and a company of hone&s;t men did endeavour, according to their duty, and to avoid the grievous &s;inne of perjury, did endeavour to bring him to condigne puni&s;hment for his trea&s;on, &amp; for that end&punc; referred Artickles of high trea&s;on in Parliament again&s;t him, with their names to them, and they, by rea&s;on of many publicke bu&s;ine&s;&s;es, by rea&s;on of the warres in, &amp; di&s;tractions of the Kingdome, cannot conveniently, for halfe a yeare&punc; a yeare or more, try and adjudge the bu&s;ines, the traytor or accu&s;ed per&s;on, being a crafty fellow, full of
<PB N="3" REF="2">
ill gotten money, and corrupt Alies, and becau&s;e that his tryall is delayed, he picks quarrels again&s;t his ju&s;t pro&s;ecuters, and are&s;ts them in actions of 2. or 3000<ABBR>l.</ABBR> at the <HI>Common Law,</HI> for calling him (as really he is) traytor, and to&s;&s;eth and tumbleth them, yea and it may be, by an unju&s;t <HI>Puntillo</HI> in Law, brings them unto unavoidable ruine, by <HI>Common Law,</HI> which principally is inherent in the oracles of <HI><GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">rr<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ng Iudges brea&s;ts,</HI> who it may be, two houres before he pa&s;&s;eth &s;entence, is not re&s;olved what to decree for Law, and &s;o by this meanes every hone&s;t man that complaines of a knave or traytor in the Parliament, or is a party intere&s;ted, in making good the charge again&s;t him, may by &s;uch wayes and meanes (by rea&s;on of delay in iudgement, which is not his fault) be brought by his cunning adver&s;ary into the <HI>Common Law</HI> Bryers, as I am by <HI>King,</HI> who ought by Law to be in Pri&s;on fa&s;t by the heeles) and &s;o all hone&s;t men for|ever di&s;couraged in &s;uch a cau&s;e, to complain of &s;uch tran&s;gre&s;&s;ours, let them act trea|&s;on again&s;t the State univer&s;all and repre&s;entative, and do what they will; and this is ju&s;t my ca&s;e with Col. <HI>Ed. King,</HI> as by my printed letter to Iudge <HI>Reeve,</HI> I have truly &amp; clearly declared.</P>
<P>But by my fore&s;aid in&s;tructions &s;ent to my attorney, I gave him authority (if he plea&s;|ed) to &s;hew them to the iudge, which for ought I know to the contrary he did, which it may be may occa&s;ion a complaint from him, or &s;ome others again&s;t me to the Lords, for immediately upon it, I am &s;ummoned before them, their warrant thus followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<HEAD>Die Mercurij <HI>10. June, 1646.</HI></HEAD>
<P>JT is this day ordered by the Lords in Parliament a&s;&s;embled, that <HI>Liev. Col. Lilburn,</HI> &s;hall forthwith upon &s;ight hereof, appeare before the Lords in <HI>Parliament,</HI> to an&s;wer &s;uch things as he &s;tands charged with before their Lord&s;hips, concerning a Pamphlet, intittuled, <HI>the <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">u&s;t mans ju&s;tification, or a Letter by way of Plea in Barr.</HI> And hereof he &s;hall not faile, as he will an&s;wer the contrary at his perill.</P>
<CLOSER><SIGNED>Ioh. Brown. Cler. Parl.</SIGNED>
<POSTSCRIPT>
<P>To the gentleman U&s;her attending this Hou&s;e, or his Deputy.</P>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>The Officer comming <HI>Iune</HI> 11th. la&s;t pa&s;t to my Hou&s;e, about 6. of the Clock in the morning, cal'd me out of my Bed, and after I had read his warrant, I told him that if there were not a tye of re&s;pect laid upon me to the Lords, for their faire and courte|ous dealing with me about my bu&s;ines, that was lately depending before them, I would not in the pre&s;ent ca&s;e, obey their warrant, nor twenty more of the like nature, but would defend my&s;elfe in my own hou&s;e (which is my Ca&s;tle) again&s;t all that in &s;uch ca&s;es they &s;hould &s;end unto me, to the death, becau&s;e they have by the Law, no au|thority at all to mak me dance attendance upon them, in the pre&s;ent ca&s;e, or to try me a <HI>Commoner,</HI> in any Criminall cau&s;e what&s;oever, ceither for Life, Limb, liberty or e&s;tate, which I told him was the ca&s;e now in ha~d, for his own warra~t did &s;u~mon me to appeare to an&s;wer a charge then before their Lord&s;hips, and this I wi&s;hed him to tell them mu&s;t be my plea at their Barre at which, having promi&s;ed him to appeare, he departed, &s;o fitting my &s;elfe in the be&s;t manner the pre&s;ent <HI>In-comes</HI> of God inabled me for the brunt.</P>
<P>J tooke my Journey towards <HI>We&s;tmin&s;ter,</HI> and in the &s;treets meditating, de&s;ired God according to his wonted manner to direct me, <HI>I</HI> pre&s;ently had contrived in my own brain, without any humane help in the world, a <HI>Prote&s;tation</HI> and appeal, my heart
<PB N="4" REF="3">
being &s;et up &s;o high to go on with it, although it &s;hould be pre&s;ent death unto me, &s;o I took &s;anctuary at a friends lodging to compile it in a method, which being done I tran&s;cribed it faire with my owne hand, and then &s;et my hand and &s;eale unto it, and being loth to run &s;o high a conte&s;t with the Hou&s;e of Peers if by any meanes po&s;&s;ible I could avoid it.</P>
<P><HI>I</HI> repaired to a Lord a member of that Hou&s;e, and told him my whole heart in my intentions, &s;hewed him my paper, and read part of it to him, and de&s;ired him to till &s;ome more of the Lords of it, if he judged it convenient, that &s;o they might a little better con&s;ider of it before they brought me to their Barre, and forced me to doe that that would tend to their extaordrnary dishonour, or my ruine and di&s;truction, and doe it I both mu&s;t and would by Gods a&s;&s;i&s;tance (I told him) if they called me to their Barre, telling him I judged it as ba&s;e an action in me (both in the &s;ight of God and man) to betray my knowne and fundamentall liberties, as with my owne hands to cut my owne throat, prote&s;ting unto him, that if he and the re&s;t of the Lords indevoured to de&s;troy <HI>Magna Charta</HI> and to tread, it under their feet, as they would doe if they medled with me in this ca&s;e, I would draw my &s;word again&s;t them every man as freely as I would doe again&s;t the King, and the de&s;perate&s;t Cavalier with him, with much more that then I told him he departed to the Hou&s;e, and I imediatly by water followed him, and what he did in it <HI>I</HI> doe not fully know, but I was not called in till about one a clock:</P>
<P>And being commanded to their Barr, <HI>the Earl of Manche&s;ter (their Speaker) com|manded Ma&s;ter</HI> Smith <HI>to &s;hew me my printed Epi&s;tle to Iudge</HI> Reeves, <HI>and asked me (to this effect) if I knew that booke, and whether I did not leave (or cau&s;e to be left) one of them at Iudge</HI> Reeves <HI>hou&s;e for the Iudge him&s;elfe.</HI></P>
<P>Unto which <HI>I</HI> replyed, my Lord, if it may &s;tand with the plea&s;ure of this Hou&s;e, I de&s;ire to know whether or no you have any formall or legall charge again&s;t me in writing, if they had <HI>I</HI> de&s;ired to &s;ee it? that &s;o <HI>I</HI> might read it, and then <HI>I</HI> would give them an an&s;wer to their que&s;tion</P>
<P>Whereupon after a little pawze and looking one upon another, the Earle of Stam|ford &s;tept up and with much zeale pre&s;&s;ed his Lord&s;hip to hould me to the que&s;tion, (&s;o &s;aith the Earle of Manche&s;ter) <HI>an&s;wer to the que&s;tion.</HI></P>
<P>My Lord (&s;aid <HI>I</HI>) under favour, <HI>I</HI> conceive the thing <HI>I</HI> de&s;ire of your Lord&s;hip, is very ju&s;t and rationall (&amp; &s;o it is if you con&s;ider their owne &s;ummons which expre&s;ly commands me to appeare before them to an&s;were a charge) but if nothing will &s;erve your turne but a po&s;&s;itive an&s;were to the que&s;tion, then my Lord there is an an|&s;were in writing under my hand and &s;eale, which <HI>I</HI> will ju&s;tifie and maintaine to the death, <HI>I</HI> be&s;eech you it may be read;</P>
<P>And with this <HI>I</HI> gave my paper to Ma&s;ter <HI>Smith</HI> their Cleark then at their Barre: Whereupon the Earle of Lincolne &s;tept up and &s;aid to the Speaker, <HI>my Lord what have wee to doe with his paper? command him to an&s;wer to the que&s;tion.</HI></P>
<P>Lieutenant Colonell <HI>Lilburne</HI> (&s;aith the Earle of Manche&s;ter) <HI>the Lords command you to an&s;wer po&s;itively to the que&s;tion,</HI> unto which <HI>I</HI> replyed my Lord, in that pa|per in Ma&s;ter <HI>Smiths</HI> hand is my an&s;wer to the que&s;tion, and to all others what|&s;oever that you &s;hall ask me, and no other an&s;wer <HI>I</HI> have to give you, neither &s;hall <HI>I,</HI> and if that will &s;atisfy you well and good, if not, &s;eeke it where you can have it, for <HI>I</HI> for my part &s;hall give you no other, where upon <HI>I</HI> was commanded to with|draw.</P>
<P><PB N="5" REF="3">And one of the Lords commanded the Cleark to give me my paper, <HI>(for &s;aith he, what &s;hall wee doe with it)</HI> but <HI>I</HI> refu&s;ed to take it, and tould them, <HI>I</HI> would not medle nor make with it, there it was, and it was enough to me, that <HI>I</HI> had delivered it at their open Barre, do what you will with it, for my Lords, <HI>I</HI> am as carele&s;&s;e as you are, whether you will read it or no, &s;o the Cleark threw it after me, but I would not medle with it, but withdrew, the words of which thus followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="plea">
<HEAD>The PROTESTATION, PLEA, and DEFENCE OF Lievtenant Colonell <HI>IOHN LILB&V;RNE.</HI></HEAD>
<HEAD TYPE="sub">Given to the Lords at their Barre, <HI>thur&s;day Iune 11th. 1646.</HI> with his Appeall to his competent, propper, and legall tryers and Judges, the COMMONS of <HI>ENGLAND,</HI> a&s;&s;embled in PARLIAMENT.</HEAD>
<OPENER><SALUTE>My Lords,</SALUTE></OPENER>
<P>THis morning <HI>I</HI> received a &s;ummons under your Clearks hand, to appeare upon &s;ight thereof before your Lord&s;hips in Parliament, to an&s;wer &s;uch things as <HI>I</HI> am charged with before your Lord&s;hips, touching a Booke called by your Warrant, a Pamphlet intituled, <HI>the Iu&s;t mans Iu&s;tification, or a Letter by way of Plea in Barre.</HI> My Lords <HI>I</HI> tould your Me&s;&s;enger, Mr. <HI>Bakers</HI> &s;onne, that your Lor&s;hips had dealt friendly, honourably, and fairely with me in my apprehen&s;ion, in my late bu&s;ine&s;&s;e, being in a legall and Parliamentary way, tran&s;acted, fir&s;t by the Hou&s;e of Commons, and &s;o brought before your Lord&s;hips, which did lye as a tye upon my &s;pirit, by way of Obligation, and now <HI>I</HI> would repay it, in laying a&s;ide (&s;o far at pre&s;ent my priviledge, <HI>as I am a Commoner of England</HI>) as in obedience to your &s;ummons <HI>(&s;alvo jure)</HI> to appeare at your Barre, although (as J told him) your Lord&s;hips, by <HI>Magna Charta and the Law of this Kingdome</HI> have nothing to doe with me, being a Com|moner in any judiciall way, to try me in a criminall cau&s;e either for life, limb, liberties or e&s;tate, which is now the pre&s;ent ca&s;e betwixt your Lord&s;hips and me, as appeares by your own &s;ummons, and this I de&s;ired your me&s;&s;enger to tell your honours mu&s;t of nece&s;&s;ity be my plea at your Barr.</P>
<P>But that it may appeare that <HI>I</HI> do nothing headily or ra&s;hly either in contempt of your ju&s;t rights and powers, which <HI>I</HI> de&s;ire you may long enioy, alwaies provided, you endeavour not my ruin and de&s;truction with them, neither out of any de&s;ire in the lea&s;t to conte&s;t with you, which in me to doe, (<HI>I</HI> acknowledge) would argue abun|dance of ingratitude, it being my principle to do to others as <HI>I</HI> would be done to my&s;elf; and as much as in me lyes, to endeavour to live in peace with all men.</P>
<P>But to be robbed of my life, or give way to be made a &s;lave to any whom&s;oever, ei|ther by a voluntary giving up, or in &s;ilent &s;uffering to be taken from me, my native, na|turall, ju&s;t legall and hereditary freedomes and liberties, <HI>I</HI> am re&s;olved rather to un|dergo all extremities, hazards, mi&s;eries, and deaths, which po&s;&s;ibly the wit of man can devi&s;e, or his power and tirany inflict.</P>
<P><PB N="6" REF="4">And therefore my Lords, you being Peeres as you are called, merely made by pre|rogative, and never intru&s;ted or impowred by the Commons of England, the originall and fountaine of Power, <HI>Magna Charta</HI> the Engli&s;h mans legall birth right and in|heritance, &s;o often bought and redemed with &s;uch great &s;eas of blood, and milions of money, hath ju&s;tly, rationally, and well provided that your Lord&s;hips &s;hall not &s;it in judgment, or pa&s;&s;e &s;entence in Criminall cau&s;es, upon any Commoner of England either for life, limbe, liberty or e&s;tate, but that all Commoners in &s;uch ca&s;es &s;hall be tryed only by their Peeres and equalls, that is to &s;ay their fellow Commoners, as is amply and effectually declared in the 29. ch. of that great Charter, which previledge &amp; immunity cannot ju&s;tly be taken away, from the free Commoners of England by any power what&s;oever on Earth, without a better and larger given in the roome of it, for all betru&s;ted powers mu&s;t and ought to be for the good of the tru&s;ters, Book decl. Pag. 150.</P>
<P>And this Charter in al ages hath in an e&s;peciall manner been maintained, pre&s;erved and defended by our Progenitors, and in a &s;peciall manner confirmed by 5. of <HI>Edward</HI> 3. ch. 9 the words be the&s;e, that no man from henceforth &s;hall be attached by any accu&s;ation, nor fore-judged of life nor limb, nor his land Tenements goods or chattles, &s;ei&s;ed upon otherwi&s;e then by the forme of the great Charter, which is further confir|med by the &s;aid King, in the 25. of his Raigne, ch. 4. and by the petition of Right-made in the third yeare of this pre&s;ent King; and the Act made for the aboli&s;hing the Star-chamber &amp;c. made this pre&s;ent Parliament, therefore my Lords as a free Com|moner of England, <HI>I</HI> doe here at your open Barre prote&s;t again&s;t all your pre&s;ent pro|cedings again&s;t me in this pretended Criminall cau&s;e, as unju&s;t and again&s;t the tenor and forme of the great Charter (which all of you have &s;worn unviolably to ob&s;erve and cau&s;ed the Commons of England to doe the &s;ame And therefore my Lords <HI>I</HI> doe hereby declare and am re&s;olved as in duty bound to God, my &s;elfe, Country, and po|&s;terity, to maintaine my legall liberties, to the la&s;t drop of my blood, again&s;t all op|po&s;ers what&s;oever, having &s;o often in the field &amp;c. advenrured my life therefore, and doe therfore from you and your Barre (as incrochers and u&s;urping Judges) appeale to the Barre and tribunall of my competent, proper and legall triers and Judges, the Commons of England a&s;&s;embled in Parliament: in te&s;timony whereof, to the&s;e pre|&s;ents <HI>I</HI> have &s;et my hand and &s;eal, this pre&s;ent eleventh day of June, 1646.</P>
<CLOSER><SIGNED>JOHN LILB&V;RNE.</SIGNED></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>And being not long without, the Gentleman v&s;her came civelly to me, and told me <HI>I</HI> mu&s;t put off my &s;word and give it to &s;ome of my friends, for <HI>I</HI> mu&s;t go a pri&s;oner to Newgate, &s;o de&s;iring to &s;ee my Commitment, and to have a coppy of it before <HI>I</HI> &s;tird to go, I had it accordingly, which thus followeth.</P>
<Q><TEXT LANG="eng">
<BODY>
<DIV1 TYPE="order">
<PB N="7" REF="4">
<HEAD>Die Iovis <HI>11. Iune 1646.</HI></HEAD>
<P>IT is this day Ordered by the Lords in Parliament a&s;&s;embled, that <HI>Lievtenant Colonell Iohn Lilburne</HI> &s;hall &s;tand com|mitted to the Pri&s;on of <HI>Newgate,</HI> for exhibiting to this hou&s;e <HI>a &s;candalous and contemptuous Paper,</HI> it being delivered by him&s;elfe at the Barre this day, &amp; that the Keeper of the &s;aid Pri|&s;on &s;hall keepe him in &s;afely, untill the plea&s;ure of this Hou&s;e be fur|ther &s;ignified, and this to be a &s;ufficient Warrant in that behalfe.</P>
<CLOSER><SIGNED>Ioh. Brown Cler. Parl.</SIGNED>
<POSTSCRIPT>
<P>To the Gentleman &V;&s;her of this Hou&s;e, or his Deputy, to be delivered to the Kee|per of <HI>Newgate.</HI></P>
</POSTSCRIPT></CLOSER>
</DIV1>
</BODY>
</TEXT></Q>
<P>My u&s;age to me &s;emes very &s;trange, that for doing my duty, in a ju&s;t way to bring Col. <HI>King</HI> to condigne puni&s;hment, I &s;hould be &s;o t<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">&s;t and tumbled as I am, by his meanes, (that <HI>per Iure,</HI> ought to dye for his offence or at lea&s;t by Law &s;hould be in du|rance, till he receive his ju&s;t doom) clapt formerly by the heeles, (as in my epi&s;tle to Iudge <HI>Reeve</HI> is ju&s;tly declared) and lately at <HI>Kings</HI> &s;uite arre&s;ted upon an action of two thou&s;and pounds, and brought into Court, that have nothing to doe with the bu&s;i|ne&s;&s;e, it being dependant in Parliament, and there tyed up to &s;uch rules, formallities, and Puntillo's, as all the rea&s;on I have, cannot under&s;tand, and then for writing my <HI>Plea,</HI> threatned, and told by the Judge him&s;elfe I had forever undone my &s;elfe, by endeavouring to root up by the roots, the fundamentall law of <HI>England,</HI> by which I enjoy my life, and all that I can call mine, though as I told his Lord&s;hip, al|though he were a Judge, yet under his Lord&s;hips favour, <HI>I</HI> conceived he was in an error, <HI>I</HI> having not in the lea&s;t, medled with any fundamentall, known or vi&s;ible Law of England.</P>
<P>For the Law that <HI>I</HI> medled withall, was meerly, and onely an invi&s;ible, uncertain, and unknown Law, that re&s;ided in the Oracle of his Lord&s;hips brea&s;t, and his fellow Iudges, which (as <HI>I</HI> told him) <HI>I</HI> thought no man in <HI>England</HI> knew be&s;ides them&s;elves, no nor <HI>I</HI> thought they them&s;elves neither, no not two houres before they decreed, and adjudged it for Law.</P>
<P>And yet for all this <HI>I</HI> mu&s;t be forced to dance attendance (contrary to Law) to an|&s;wer a charge without forme or fa&s;hion in Law, at the Barre of the Hou&s;e of Peeres, who knew very well, or at lea&s;t wi&s;e might know, that <HI>I</HI> knew as well as them|&s;elves
<PB N="8" REF="5">
their power, juri&s;diction, <HI>and the Prerogative Fountain,</HI> from whence they &s;prung, as well as any of them&s;elves, having &s;ometimes di&s;cour&s;ed of that &s;ubject freely with &s;ome of them.</P>
<P>And having lately (though unwillingly) conte&s;ted with tho&s;e, to whome by nature and intere&s;t, <HI>I</HI> am a thou&s;and times more related unto then to them, meerely out of this principle, that <HI>I</HI> will not be a &s;lave unto, nor part with my ju&s;t liberty to any.</P>
<P>But <HI>I</HI> clearly perceive the hand of <HI>Joab</HI> to be in this, namely, my old back friend the Earle of <HI>Manche&s;ter</HI> the fountaine (as <HI>I</HI> conceive) of all my pre&s;ent troubles, who would have hanged mee for taking a Ca&s;tle from the Cavaliers in <HI>York&s;hire;</HI> but is &s;o clo&s;ely glu'd in intre&s;t to that party, that he protected from ju&s;tice Colonell <HI>King,</HI> one of his own Officers, for his good &s;ervice in treacherou&s;ly delivering or betraying <HI>Crow|land</HI> to the Cavaliers, and never called, nor that <HI>I</HI> could heare, de&s;ired to call to ac|count his Officer, or Officers, that ba&s;ely, cowardly, and treacherou&s;ly, betrayed and delivered <HI>Lincoln</HI> la&s;t up to the enemy, without &s;triking one &s;troke, or &s;taying till &s;o much as a Troope of Hor&s;e, or a Trumpeter came to demand it, <HI>his Lord&s;hips Head hath &s;tood it &s;eemes too long upon his &s;houlders,</HI> that makes him he cannot be quiet, till Lievt. Gen. <HI>Crumwels</HI> Charge again&s;t him, fully proved in the <HI>Hou&s;e of Commons,</HI> be revived, which is of as high a nature <HI>I</HI> believe, as ever any charge given in there, the epittomy of which <HI>I</HI> have by me, &amp; his Lord&s;hip may live &s;hortly to &s;ee it in print by my meanes, and for my Lord of <HI>Stamford,</HI> at pre&s;ent <HI>I</HI> de&s;ire him to remember but one Article, made at the de-livery of <HI>Exeter,</HI> which it may be, may in time coole his furious endeavour to en&s;lave the free People of <HI>England,</HI> the earthly Lord and Creator of his Creator, who <HI>I</HI> am confident do, and will &s;corn to be made &s;laves &amp; va&s;&s;sals, by the meer Creatures of their Creature <HI>the King.</HI> So being &s;traightened in time at pre&s;ent, <HI>I</HI> bid you farewell, and re&s;t.</P>
<CLOSER><SIGNED>Your faithfull Countryman, and a free Commoner of <HI>England. JOHN LILBVRNE.</HI></SIGNED>
<DATELINE><HI>From my</HI> Cock-loft <HI>in the Pre&s;&s;e Yard of</HI> Newgate, London <DATE><HI>June</HI> 11. 1646.</DATE></DATELINE></CLOSER>
</DIV1>
<DIV1 TYPE="petition">
<PB N="9" REF="5">
<HEAD>To the right Honourable the cho&s;en and Repre&s;entative body of <HI>England</HI> A&s;&s;embled in Parliament.</HEAD>
<HEAD TYPE="sub">The humble Petition of L. C. IOHN LILBURNE A Free man of <HI>England.</HI></HEAD>
<OPENER>Sheweth,</OPENER>
<P>THat your petitioner hath and doth look upon this Honourable Hou&s;e, as the cho&s;en and betru&s;ted Commi&s;&s;ioners of all the Commons of <HI>England,</HI> in whom alone (by right) re&s;ides the formall and legall &s;upreame power of <HI>England,</HI> and unto whom all the Commons of <HI>England</HI> have given &s;o much of their Power, as to inable you alone, to doe all things what&s;oever for their weale, &s;afety peace and pro&s;perity, the end of all Government, as is mo&s;t excellently, by your Honourable declaration of the 17. of April la&s;t declared.</P>
<P>The knowledge and under&s;tanding of which, hath made your petitioner as a Com|moner (in his Countries &s;traits and nece&s;&s;ities) to take up armes as his duty, to fight again&s;t the King (the &s;ervant of the Common wealth) and all the forces rai|&s;ed by his Authority (who &s;ought to de&s;troy the end of Government, the &s;afety and weale of the people) and to be faithfull in your &s;aid &s;ervice, in the mid&s;t of many deaths; contemning and &s;lighting, the large proffers of the Kings Honours and preferments, &s;ent unto him by foure Lords, when he was a pri&s;oner for you at <HI>Oxford,</HI> for which he was imediatly laid in Irons night and day, lockt up clo&s;e in a room, a Centinell &s;et at his dore, that &s;o he might not &s;peak with any who&s;oever, forced to lye on the floore, kept without one farthing of allowance although he car|ried not one penny with him to the pri&s;on</P>
<P>And within a few daies after was (for his continued re&s;olution) arraigned (in Irons) as a Traitor for his life before Judge <HI>Heath,</HI> before whom he pleaded to his indictment, profe&s;&s;ing unto him at the open barre (when he pre&s;&s;ed your petitioner to &s;ave him&s;elfe) that he your &s;upplyant was not &s;educed by any to take up armes, but did it out of a principle of duty to him&s;elfe, his country and the Paliament, and that he was re&s;olved to &s;pend his blood in the defence of his owne and his Coun|tries liberties; al&s;o your petitioner upon the &s;ame grounds, hath often been in the field &s;ince, and done good &s;ervices, and hath continued faithfull in all his ingagements, and is re&s;olved (by the &s;trength of God) &s;o to doe to the death.</P>
<P>Now for a&s;much as the liberties and freedomes contained in the 28. &amp; 29. chap. of the great Charter of <HI>England,</HI> are the be&s;t legall inheritance that your petitioner hath, and for the pre&s;ervation of which, yee have &s;o often &s;worne to &s;pend your lives and fortunes, and injoyned the people that tru&s;ted you to doe the &s;ame, and for the maintaining of which, your petitioner hath run the hazard of &s;o many deaths and mi&s;eries as he hath done, among&s;t which liberties and priviledges this is not one of
<PB N="10" REF="6">
the lea&s;t (as your petitioner humbly conceives) that all Commoners what&s;oever in criminall cau&s;es &s;hall be tried by their equals or fellow Commoners; nevertheles the Hou&s;e of Lords (commonly &s;o called) &s;ummoned your petitioner to their Barre to an&s;wer a criminall charge there, contrary to the tenour of the great Charter &s;o often confirmed, and although your petitioner told their Me&s;&s;enger, and after|wards &s;ome of them&s;elves, that by <HI>Magna Charta</HI> they had nothing to doe with your petitioner in &s;uch a ca&s;e, and that if he were called, he mu&s;t and would plead this at their Barre, co&s;t it him what it would, and al&s;o intreated one of them&s;elves, to ac|quaint the re&s;t of his fellow Lords, that he mu&s;t and would prote&s;t again&s;t them, and appeale to his competent proper and legall tryers and judges your Honours.</P>
<P>Yet notwith&s;tanding they forced your Petitioner to their Bar, and would have com|pel'd him, contrary to Law, rea&s;on, and Con&s;cience, and to the fundamentall liberty of all the free People of England, (&s;o adjudged in his own ca&s;e of the Star-cham|ber &amp;c. by your honours and them&s;elves) to an&s;were to Interrogatories concerning him&s;elfe, without &s;hewing him any formall and legall charge in writing, although he earne&s;tly de&s;ired to &s;ee it, if they had any, which was refu&s;ed, and your Petitioner pre&s;&s;ed again and again with much vehemency, by their Speaker, to an&s;wer verball que&s;tions, which forced your Petitioner to deliver at their open Bar his Prote&s;tation, in writing under his hand and &s;eale, as al&s;o his appeal to your Honours, his competent, proper and legall Tryers and Iudges; a true Coppy of which is hereunto annexed, for which alone, they committed your Petitioner to Newgate pri&s;on, (as appeares by the Coppy of their commitment hereunto annexed) all which your Petitioner humbly con|ceives, tends to the disfranchizing him of his ju&s;t liberties and freedomes, (and &s;o to the making him a &s;lave) and to the violation of their own Oathes and Covenants, and to the utter &s;ubver&s;ion, and alteration of the fundamentall Lawes and government of this Kingdome, for the pre&s;ervation of which, &s;o much blood and trea&s;ure hath alrea|dy been &s;pent.</P>
<P>Your Petitioner therefore, as a free-man of England, (who to his knowledge ne|ver did any act that de&s;erveth the forfeiting of his birth-right) humbly appealleth to your honourable Bar and Ju&s;tice, as his proper, competent, legall tryers and Iudges, and humbly prayeth.</P>
<P><HI>For a&s;much as he is a free Commoner of</HI> England, <HI>and ought not to be proceeded a|gain&s;t, nor his liberties and freedomes to be taken from him, in any arbitrary or extra-judiciall way. And for that their Lord&s;hips have no power, nor juri&s;diction,</HI> accor|ding to the Law and con&s;titutions of this Kingdome, <HI>to try and adjudge any free Commoner thereof, for any criminall cau&s;es what&s;oever, concerning life, limb, liberty, or e&s;tate; And for that your Petitioner is impri&s;oned, contrary to the form and te|nour of the great</HI> Charter <HI>of</HI> England, <HI>and therefore altogether illegall, and meerly arbitrary; That your Honours will be plea&s;ed, according to your unparaleld Decla|ration of the</HI> 17th <HI>of April la&s;t, whereby is &s;et forth, that you will not exerci&s;e, nor &s;uffer to be exerci&s;ed by any other, any arbitrary power, but that you will provide for the &s;afety and weal of the People, (the primitive end of all government) according to the great tru&s;t repo&s;ed in you, and committed to you, by your</HI> Im powrers, the Com|mons of England, <HI>you will take your Petitioner into your protection, and not &s;uffer him any longer to be kept in pri&s;on, and &s;poyled of his Franchizes and liberties, but ac|cording
<PB N="11" REF="6">
to the &s;aid Charter of liberties, your</HI> Prote&s;tations, Oaths and Declarations, the lawes and Statutes of this Kingdome, <HI>he may freely be inlarged out of pri&s;on, and re&s;tored to his ju&s;t libertie, with iu&s;t reparations for his damages, for the great wrongs done unto him, by his reproachfull impri&s;onment in the infamous pri&s;on of Newgate, and the vindication and freeing of the whole Kingdome (according to their long and iu&s;t expectation) from the like u&s;urpation, and incroachments of their iu&s;t rights and privledges, and your Petitioner &s;hall ever be ready to &s;pend his life for you, and his Countries iu&s;t liberties, and in obedience to all iu&s;t authority, to an&s;wer any</HI> Charge, <HI>when the &s;ame &s;hall be in a legall way brought again&s;t him.</HI></P>
<CLOSER><SIGNED>And your Petitioner (as in duty bound) &s;hall ever pray to God, to enable you to go on, to fini&s;h, and perfect the great things expected from you, according to the tru&s;t repo&s;ed in you. JOHN LILBVRNE.</SIGNED>
<DATELINE>Newgate, <DATE><HI>Iune</HI> 16. 1646.</DATE></DATELINE></CLOSER>
</DIV1>
<DIV1 TYPE="postscript">
<HEAD>A Po&s;t&s;cript, containing a generall Propo&s;ition.</HEAD>
<P>GOD, the ab&s;olute Soveraign Lord and King, of all things in heaven and earth, the originall fountain, and cau&s;e of all cau&s;es, who is circum&s;cribed, governed, and limited by no rules, but doth all things meerly and onely by his &s;overaign will, and unlimited good plea&s;ure, who made the world, and all things therein, for his own glory, and who by his own will and plea&s;ure, gave man (his meer creature) the &s;overaignty (under him&s;elfe) over all the re&s;t of his Creatures, <HI>Gen.</HI> 1.26.28.29. and indued him with a rationall &s;oule, or under&s;tanding, and thereby created him after his own image, Gen. 1.26.27. and 9.6. the fir&s;t of which was <HI>Adam,</HI> a male, or man, made out of the du&s;t or clay, out of who&s;e &s;ide was taken a Rib, which by the &s;overaign and ab&s;olute mighty creating power of God, was made a female, or Woman cal'd Eve, which two are the earthly, original fountain, as begetters and bringers forth of all and every particular and individuall man and woman, that ever breathed in the world &s;ince, who are, and were by nature all equall and alike in power, digniy, authority, and maje&s;ty, none of them having (by nature) any authority domi|nion or maje&s;teriall power, one over or above another, neither have they, or can they exerci&s;e any, but meerely by in&s;titution, or donation, that is to &s;ay, by mutuall agreement or con&s;ent, given, derived, or a&s;&s;umed, by mutuall con&s;ent and agreement, for the good benefit and comfort each of other, and not for the mi&s;chiefe, hurt, or damage of any, it being unnaturall, irrationall, &s;infull, wicked and unju&s;t, for any man, or men what&s;oever, to part with &s;o much of their power, as &s;hall enable any of their Parliament men, Commi&s;&s;ioners, Tru&s;tees, deputies, Viceroys, Mini&s;ters, Offi|cers or &s;ervants, to de&s;troy and undoe them therewith: And unnaturall, irrationall, &s;infull, wicked, unju&s;t, diveli&s;h, and tyranicall it is, for any man what&s;oever, &s;pirituall or temporall, Cleargy-man or Lay-man, to appropriate and a&s;&s;ume unto him&s;elfe, a power, authority and jurisdiction, to rule, govern, or raign over any &s;ort of men in the
<PB N="12" REF="7">
world, without their free con&s;ent, and who&s;oever doth it, whether Cleargy-man, or a|ny other what&s;oever, doe thereby as much as in them lyes, endeavour to appropriate &amp; a&s;&s;ume unto them&s;elves the Office and &s;overaignty of God, (who alone doth, and is to rule by his will and plea&s;ure) and to be like their Creator, which was the &s;inne of the Devils, who not being content with their fir&s;t &s;tation, but would be like God, for which &s;in they were thrown down into hell, re&s;erved in everla&s;ting chaines, under darknes, unto the judgement of the great day <HI>Iude ver.</HI> 6. And <HI>Adams</HI> &s;in it was, which brought the cur&s;e upon him and all his po&s;terity, that he was not content with the &s;tation and condition that God created him in, but did a&s;pire unto a better, and more excellent, (namely to be like his Creator) which proved his ruin, yea, and indeed had been the everla&s;ting ruin and de&s;truction of him and all his, had not God been the more mercifull unto him in the promi&s;ed <HI>Me&s;&s;iah. Gen. Chap.</HI> 3.</P>
<CLOSER><DATELINE><HI>From my Cock-loft in the Pre&s;&s;e yard</HI> Newgate. <DATE><HI>Iune</HI> 19. 1646.</DATE></DATELINE>
<SIGNED>per me Iohn Lilburne.</SIGNED></CLOSER>
</DIV1>
<DIV1 TYPE="addendum">
<P>Curteous Countrymen to fill up this vacant place I &s;hall de&s;ire thee to reade the words of the Declaration of the Hou&s;e of Commons, publi&s;hed 27. <HI>Ianu.</HI> 1641. which you &s;hall find in the 41. pag. of the booke of Declarations thus.</P>
<Q>And this Hou&s;e doth further declare, That all &s;uch per&s;ons as have given any Councell, or endeavoured to &s;et or maintain divi&s;ion or di&s;like, between the King and Parliament, or have li&s;ted their names, or otherwi&s;e entred into any combination or agreement, to be ayding, or a&s;&s;i&s;ting, to any &s;uch coun&s;ell or endeavour, or have per&s;waded any other &s;o to doe, or that &s;hall do any the things above mentioned; And &s;hall not forthwith di&s;cover the &s;ame to either Hou&s;e of Parliament: or the Speaker of either of the &s;aid Hou&s;es re&s;pectively, and di&s;claime it, are declared Publique Enemies of the State and Peace of this Kingdome, and &s;hall be inquired of, and proceeded again&s;t accordingly.</Q>
<P N="2">Secondly the three Votes of both Hou&s;es May 20. 1642. which you &s;hall find in the book of Declarations pa. 259.</P>
<Q><P>Re&s;olved upon the Que&s;tion</P>
<P N="1"><HI>1</HI> That it appeares, That the King (&s;educed by wicked Coun&s;ell) Intends to make Warre again&s;t the Parliament, who (in all their con&s;ultations and actions) have propo|&s;ed no other end unto them&s;elves, but the care of His Kingdoms, and the performance of all duty and loyalty to His Per&s;on.</P>
<P>Re&s;olved upon the Que&s;tion.</P>
<P N="2"><HI>2.</HI> That when&s;oever the King makes Warre upon the Parliament, it is a breach of the tru&s;t repo&s;ed in Him by His people, contrary to His Oath, and tending to the di&s;&s;olution of this Government.</P>
<P>Re&s;olved upon the Que&s;tion</P>
<P N="3"><HI>3.</HI> That Who&s;oever &s;hall &s;erve, or a&s;&s;i&s;t Him in &s;uch Warres, are Traitors, by the Fun|damentall Lawes of this Kingdome, and have been &s;o adjudged by two Acts of Parlia|ment, and ought to &s;uffer as Traitors. <HI>11. Rich. 2. 1. Hen. 4.</HI></P>
<BIBL>Joh Browne Cler. Parliament.</BIBL></Q>
<P N="3">3. The Declaration of both Hou&s;es in pa. 576. in the&s;e words&punc; Whereas the King &amp;c.</P>
<P N="4">4. The words in their Declaration for the vindication of <HI>Ferdinando</HI> Lord <HI>Fairfax.</HI> as you &s;hall find pa. 914. in the&s;e words, The &s;aid Lords &amp;c.</P>
</DIV1>
<TRAILER>FINIS.</TRAILER>
</BODY>
</TEXT>
</EEBO>
</ETS>
