THough I cannot say I am acquainted with you, yet I have heard so much worth of you, and of your tendernesse and zeal for the honour of the Lord Jehovah, my long and sensi­ble injoyed lot and portion, that I am imboldned to present you with a few lines, by way of complaint of that sad and unjust dealing that I find from those that would be reputed Christian and righteous Judg­es, that now would take away my life upon a most unjust Act of Par­liament, grounded upon the most notorious Lye in the world; and in which I am no more concerned in Law, or Truth, then the child in the Mothers womb: for it is an Act for the execution of a Judgment past in Parliament against one Lieu. Col. John Lilburn the 15 of January 1651. for high Crimes and Misdemeanors; but there was never any such Judgment either the said 15 day of Jan. 1651 or any day before, or since p [...]st against me in Parliament in the least; And therefore in Law and Verity, I cannot be any more concerned to be the man men­tioned in that unrighteous Act, then the child in the Mothers womb; And that there never was any such Judgment past in Parliament a­gainst me, I give these Reasons for it.

Fi [...]st, there was never any Charge, Indictment, or Information in the least filed or preferred in Parliament against me, that ever I was summo­ned unto in the least to answer; neither did the Parliament call me by any due process of Law in the least, so much as to hear any Charge, In­formation, or Indictment, read against me; nor never so much as called me to their Bar, to demand of me what I could say for my self; why they should not pass Judgment against me: Neither was I ever in all my life out-lawed for not appearing: So that I do again with con­fidence aver it before God, and all his People, that I am no more in [Page 2]Law, Reason, Truth, or Verity, concerned in that Act, upon which I am indicted for my li [...]e, then the child in the Mothers womb: Nei­ther hath any man of honour, conscience, or common honesty, the least ground in Law to say, that I am the man meant in that Act for executing of a Judgment past against one Lieu. Col, John Lilburn, Jan. 15. 1651. for high Crimes and Misdemeanors. And yet upon the Tryal for my life, although the said Judgment be the foundation of the Act, and the Act the foundation of the Indictment; yet am I de­nied by the Court at Old bayley the hearing or seeing of that Judg­ment, which is, and ought to be the foundation and ground of all; and which saith all the Councel I can speak with, or hear from, is the highest injustice that can be acted against a man in England, by those that (in the least) professe themselves to be Judges, or Executors of the Law: Yea, and when I desire from the Court but liberty from the pure and undefiled Law of God, the true fundamental laws of England, and multitudes of the late Parliaments own Declarations, to prove that I ought to see and hear the said judgment: And when in the first place I begun with Gods righteous and just dealing with Adam, and although God was absolute supream over him, yet he would clear up the justice of his wayes even to Man; and therefore gave Adam a plain law to walk by, Gen 2. And when Adam had transgressed and broken it, although God knew well enough he had so done; yet he abhorred to deal unjustly with him, and condemn him without summoning him to answer for himself; and therefore he sits him by, saying, Adam where a [...]t thou? as much as if he had said, Come forth and stand up for thy self, and answer to the Bill of Indictment against thee, for breaking the pure and undefiled Law of Me thy Soveraign Lord and King, and speak the utmost that thou canst why thou shouldst not be condemned for thy Rebellion against me, thy endeared Lord and Master.

But Sir, while I was thus speaking, steps up Col. John Barkstead (the present Lieutenant of the Tower of London) who, as he is a souldier, no more fit to be a Judge in a legal Court for a mans life, then a Sur­geon or a Butcher is to be a Jury-man for a mans life; and he cryes out to me, and commands me to hold my vain babling, for what have we (saith he) to do with the law of God. O rare Judge indeed! and a fit man, under the colour of justice and magistracy, to murder the inno­centest man in the whole world: for the best and chiefest of the law-books of England do aver and glory in it, that the foundations of the true law of England, is built upon the pure law of God. And saith [Page 3]the notable and ancient law-book called The Doctor and Student, chap. 2. pag. 4. The law of God or law of Reason is written in the heart of every man, eaching him what is to be done, and what is to be fleed; and because it is written in the heart, therefore (saith he) it may not b [...] put away: no, it is never changeable by no diversity of place, no time. And therefore against this Law, Prescription, Statute, nor Customs, may not prevail: And if any be brought in against it, they be no Prescriptions, Statutes, nor Customs, but things void and against justice. And he saith this law of God, or Reason, ingraven in the heart of man, teacheth that good is to be loved, and evil is to be fleed; also, that thou shalt do to another, that thou wouldst another should do to thee; and that we may do nothing against Truth; and that a man must live peaceably with others; that justice should be done to every man; and also that wrong is not to be done to any man.

In which Opinion, that great and excellent Oracle of the law of England, the Lord Cook sully concurs; and therefore stiles the true and fundamental law of England, the perfection of Reason.

But above my du [...]l commendation, is that learned, rational, labo­rious, and excellent piece, or law-book, entituled, Rights of the King­dom; Or, Customs of our Ancestors, printed in London by Richard Bishop, 1649. and commonly called M ^r Sadler the Town Clerk of London's Works, who is now a Parliament man, and member of the Council of State: Whose rare expressions in that excellent, useful, and profi­table book, especially in the first part pag. 91. and the 2 ^d part, pag. 60, 63, 68, 74, 123▪ 159, 160, 161▪ 164, 168▪ 170, 175 176, 177, 178, 179, 180, 181, 184 185, 186, 188. are worthy to be written and printed in letters of Gold; some of which; although Time at present is exceed­ing precious to me, I shall think it very profitable and useful here to insert; and the first shall be out of his second part, pag. 63. where he saith, There and there onely, seemeth to be true liberty; which may most ap­pear in the actings of those beings which are most knowing.

Shew me then the Sphere of mans being, and you may quickly find the measure of his freedom; his being is by all agreed to be rational; and Reason therefore is the proper measure of his liberty; for, he is then free, when his activity is preserved equal or proportional to his Being: this is rational, and so must that; and man is then and then onely free, when he can act what he should act, according to Right, Reason; this is the law of his Nature, which is rational; and Reason is his Royal coller of S.S.S. or Chain of precious Pearls, which Nature [Page 4]hath put about his Neck and Arms, as a badge of Honour, and most happy Freedom.

This digression will be scarce excusable, but that our law doth so adore Right, Reason, that it is a Maxime, What is contrary to Reason, is contrary to law. And in pag 123. he saith, The next thing is the Basiis, or Foundation, of our law process, and of all judicials. In all cases (saith he) ac­cusers, parties, (or Defendants) Witnesses and Judges, be, and must be distinct. Neither let the judgments be strange, nor celebrated from their Judge, or Place, or Time: neither is judgment to be given in a doubtful Mat­ter, or on the party accused being absent.

Let there be nothing done without an Accuser; for God, and our Lord Jesus Christ did know Judas to be a Thief; but because he was not accused, therefore he did not suffer. The Witnesses are lawful, and present, without any infamy, or suspition, or evident spot. The Priests cannot rightly accuse the Lacians; neither doth it behove any one to be judged or condemned, before he hath lawful, present accu­sers, and may receive a place of defending, to make his Crimes of no effect.

And again, one that is pressed upon before his Judge, if he will, he may declare his cause; and not pressed upon before his Judge, if he will, he may hold his peace. If any one doth uspect the Judges, he may speak against, or contradict them: affliction or imprisonment ought not to injury him that doth appeal, and elevate his Crime, by a remedy of ap­pealing: every one is to be judged by his equals, and of the same P [...]ovince. Whatsoever is against those that are absent, neither from their Judges, is utterly void.

An Oath must have its companions, Truth, Justice, and Judgment; if those things be wanting, it is not an Oath but a Perjury, &c. Are these, (saith M ^r Sadler) the laws of England, or of Nature, rather? these we owe to Beauclerk, or Henry the first.

And in pag. 158, 159. speaking of the Kings Exorbitancies. he saith; But, did we labour, toyl, and sweat so much, to keep a little River in its bounds, that so we might be drowned by the boundless Ocean, or be swept away at once by a destroying and devouring deluge? Did we scruple at a little gravel, or a pebble, that we might be crushed by a Mountain? Would we strain at a Gnat that we might be choaked by a Camel? or be swallowed whole by Behe­moth? Have we not all reasoned so much, and fought so long, with a vast expence of Treasure; and of that, which is by much more precious, life, or blood of many hundred thousand free-born Irish, [Page 5]Scottish, English men, to bound our King, that he might not presse Us with his Arbytrary power: onely, that by this, we might but plain the way, and make it level; that some others (for I will not say the Parliament) might be oppressive more and more, unjust and arbytrary more. I hope I need not, and therefore I would not fear it; but I have no art or power to fl [...]tter. And I should have doted on the Ro­man Poet of the Civil Wars, had I not found him blessing his Fates for bringing forth a Nero through those bitter Pangs and Throws: And yet I must confesse, if I knew where, or could be so happy, to presage another new Birth of Tyrannie, to follow such a long and sore Tra­vel of our State, I should also desire and pray for one Nero, rather then one hundred, or one million; for of Evils, this is nothing, for I speak of Tyrants: I did ever hate a Multitude, as much as a Magnitude; for if I must be forced still to live under a displeasing Tyrannie, I chuse it, and obey it, and am pleased with it in one Tyrant rather then many.

But again, I say, I do not believe it; and I hope I need not fear it, of, or in an English Parliament: and yet again I say, they are, at least I think they are, but men; and men in former times might erre; and therefore once again, and yet again, I bow and beg, and humbly pray they may be just and merciful in all and very tender, least their little fingers do oppresse Us more then ever did our Princes loines; And since I have presumed to speak so long, [...]hat am so low, they will, I hope, be not offended, if I speak a word (one word, yet more) of them that are so much my Elders and Betters.

It may not be, at least, it may not seem enough to quiet trembling minds, to say, or prove by Arguments, there shall be nothing done, but what is just; except we also see or know the way and meanes, and usual cou [...]se: Our Governors will please to take, in doing that which may or is, and ever shall (I hope) be just, the way must be both right and clear, as well as is the end, and of the too unjust and arbitrary power, and both seem to be, in Processe: or in ways or means much rather then in ends or things that be effected by it, sure it was, at least it might be good to build a gallant fleet of ships, and so it might be just that each should contribute a part of such a publick work, nor was it only that which then was taken from us for a ship that made us sigh and groan, and cry, or fear our ruine, or a universall Deluge of Oppression, but it much or mainly was, we did not see the way or mean or legall processe which the Court did take in taxing, or assessing such a place a County or a person, and it was but thus, in Loanes, and so in divers if not all the things we so [Page 6]abhorred in the Crown, the thing did not so much displease, as did the way or meanes, to such or such an end.

I need not say how curious, or how scrupulous and tender still our Lawes have been in pointing out the way, aswel as the end, the processe in Courts of justice, as the final judgments: so that indeed the very form, and life and power, or substance of the justest Lawes, doth much consist in processe, which by some may now be though a sha­dow, or a ceremony left at pleasure, for a blustring wind, or any fu­rious hand to shake as much, as long as it shall please, and then to salve it up, by saying to the Root, We mean you good, and do but lay you bare, that so you may the more behold, and more admire our justice in the end, when all the boughs and branches shall be gone, that do but hinder all your Pro­spect.

I must but touch and glance; there is a Trinity which all our laws do seem to worship here on earth, estate, liberty, and life.

And in pag. 175. M ^r Sadler saith, I need not speak how curious our Fa­thers were in all their process, touching life: the way was still as punctual, as cleer and plain, as was the end; they loved to be just, and to do justly. Doth our Law condemn any man without hearing, or due Summons to judgment? I hope it never will.

A great man of a good name, standeth upon Record, as by Parlia­ment, condemned to death, without hearing, or legal Summons. But there is a Bl [...]sh, or a Vail of Oblivion drawn upon it by good Wri­ters, as a stain, and a shame to the Parliament Rolls: yet, as a just judg­ment on him that had first moved that another might be so con­demned; and, he so perished, by that law, which he would have made for others. This seemeth also to be written in the law of Nature; and doubtless, the sins of Sodom were as notorious to God in Heaven, as any others can be to men in Parliament; and yet he would, and did go down to hear, and see, and proceed in a judicial way; nor would he condemn or execute before he had not onely cleared his justice, in himself, or to his Angels; but also to Abraham, Lot, and other lookers on, that he still might be justified both when he judgeth, and is judg­ed; for he still did, and will put his actions on mans judgment: as we shall more fully cleer hereafter.

This Processe also towards Sodome ▪ is by many of our old Lawyers brought for the pattern of our laws; in that especially, that none may be condemned without a legal hearing: And in this and divers other things doth Bracton and Fleva, borrow much in the laws of Henry the [Page 7]first. And be the matter of Fact never so notorious; yet there may be some plea, that no man can fore-see, or ought to fore-judge, be­fore he heareth. For all men may plead necessity or force upon them­selves (as well as right, and law) for any thing they do amisse.

And for this, and other Reasons, the law doth suppose all men to be just, or excusable, till they be legally heard and adjudged. This difference there is between the Judges, and the Law-makers; for, these (they say) do suppose all men to be evil; but the Judges should sup­pose all men to be good, till they be proved to be evil.

The Charge and Accusation by the law of Nature ought to be cleer, distinct, and particular (with time and place, or other circumstances) else the party accused cannot discharge himself. Universals do not presse, or oppresse at all. Generals do not presse at all, or else they are apt to oppresse.

The Witnesse and the Evidence must also be so cleer, that those must condemn, rather then the Judge; who si [...]teth as Councel for the party Accused: That so he be not oppressed by, or against law.

And besides the Judge (in most Cases, and in those also of life in Scotland) there is Councel allowed by law, which may, and ought to be heard in particulars of law, or what ever may be justly disputable, as Treason is by Statute: so that of all Crimes, by expresse Acts of Parliaments it ought to have no Tryal, but clear and plain; according to the course and custom of the common law.

In such Cases therefore should the Judges (both in Law and Consci­ence) sit, and be in stead of Councel to the party; and this they owe to every subject, though they had a special Obligation to the King. Who, to his own Rights (and therefore to his Wrongs) was [...]n In­fant in Law, and so expresly declared in the old Mirrou [...]. B [...]sid [...]s other Books. His Politike Capacity never; but his Person ever in Nonage; or supposed so in law: for it may be, a child, or a woman, not able to know the lawes; and therefore alwayes had by law a legal mouth as­signed in Councel of law. And so might any man else (of old) it seemes for matter of demurs, before judgment; or for framing of a leg [...]l ap­peal (by Writ of Error, or some other way) from any judgment whatsoever.

But our last King professed himself to know the lawes so well, that it seemeth the Judges, and others, did hold themselves to be ex­cused from speaking for him; as else they would, or should, or might have done. In this I might speak too plainly; but I may be pardoned.

It is also the law of this kingdome, and of Nature, That although there be no Councel assigned; yet may any, in a good manner, move the Court to keep the party from injustice, or the Court from errour; as Stanford, and the third part of Institutes, Cap. 2. fol. 63. & 101. and in such Cases it may be excused; (and not censured for rash Zeal) if some do, or shall ap­pear, where, or when, it may be thought they be not called.

Neither can the whole Parliament of England, I suppose, make any Court to condemn without lawful Accusers, or lawful Witnesses; which by expresse Acts of Parliament is most especially provided in Case of Treason, in King Edward the sixth, and Queen Maries Reign, and Tryal of Treason most expresly tyed to the Course and Custome of the Common-law. Nay, in full Parliament of Henry the Eighth it was declared, That attaint of Treason, in, or by Parliament was of no more force or strength, then it was, or ought to be, by the Common-law; or then as good and strong, as that by Parliament.

Nor can the whole Parliament, I think, by the law of Nature, and right Reason, make any children, Ideots, or all others whatsoever to be so much as Accusers, or Witnesses: That, I say, not Indictors, Tryors, or Judges.

By expresse Acts of Parliament, in Philip and Mary, Edward the sixth, Hen. 8. Hen. 4. Hen. 1. (for to him doth the Mirrour, and his lawes lead us, as to a cleer Christal Fountain of our Law-process; as was shewed before.) None shall suffer for Treason or other Crime, but by lawful Accusers, and lawful Witnesses, before those, that by law might receive Indict­ments: Which, with all Inquests, are to be made by honest, lawfull, able men; Neighbors to the Fact.

And in pag. 179. he saith, He should mispend his time, to shew it to be the great law of the Kingdom, as well as of Nature, that none may be Judges and Parties in their own Cause. Which may ere long be found, perhaps, to be the reason of the th [...]ee Estates, and very much of our Common-law: which is punctual in nothing more, then in providing for a cleer distinction of Accusers, Witnesses, Indicters, Tryers, and Judges, e­specially in Cases of Treason, which upon divers motions of the Com­mons in Parliament, have been so often enacted, and declared, to be only tryable by the course and custome of the Common-law, and no other­wise.

Nay, in Parliament it self, and Parliament men there was; and for ought I found, alwayes, and the like course observed. For, in case of a Peer, the Custom of the Kingdom is to proceed by a special Com­mission [Page 9]to one, as Lord Steward, and 12 others at least, for a Jury [...]f Tryers besides Accuse [...]s, and witnesses and a formal indictment, and all from Record to Record; or, all is illegal if it be onely by the House of Peers.

If a Charge come from the House of Commons, they are as In­dictors, being more then 12 sworn men, Trustees to the whole King­dom, and Neighbors to the fact, or party, or both: to which also there must be a legal proof by lawful Witnesses, or else the Charge, will not suffice.

And in pag. 181 he saith, That for any thing done abroad, I hope, they do not use to tabe rumours and reports (though from their own mem­bers) to be sufficient for, or equivol [...]nt to, a legal Indictment, an Oath; see­ing there scarce is, or can be, any Case so notorious, but it may be pleaded unto by somewhat of law, or necessity.

And although I should yield the Commons to be the Masters of the law, in making it; yet they [...] pleased to allow others to be Judges by their Lawes; and if they re-assume this also, yet it may be more easie to judge of some law, then of any fact; at least it may be cloathed, so as a curious Search, or Inquest, may be requisite to lay it cleer and naked.

Neither can I see how it may be necessary to proceed against any by force, or illegal process, when it is so easie, as well as just, to go rightly, as to do right.

For who can imagine a case so dark or intricate, but it may be contrived so, that particular men may be Accusers, and others Witnesses, with a cleer and reall distinction between Indictors, Try­ors, and Judges? most of all in Cases notorious and evident; for in such there may be lesse fear of the Juries Verdict, against Evi­dence, or of the Judges Sentence against the Verdict.

And in pag. 184. he saith, I will not, I cannot say the Commons of England cannot chuse or constitute their Judges (yet of this again ere long.) But this I say, or believe, their Delegates ought to be exceeding curious (I had almost said exceeding scrupulous) in making Judges, and bounding them to law and justice, both in way, as well as end.

I must again repeat it, that it may not seem enough to settle Judges just and wise, and good; nor onely to provide that they may do what is just; I speak of ends; but men are men, and ought [Page 10]in cases of such consequence to have their way, their Rule and Square, by which they must proceed to be prescribed in their Pat­tents, or Commissions, that they may do justly too, aswell what is just, to me it seemeth to be reason, or the law of Nature unto men, that the supream Court should so limit all inferiors, that it may not be left at large to their list or pleasure, to condemn or sen­tence, without Hearing, Accusation, Witnesse, or without such processe and Tryall, as shall be cleer and plain, and so prescribed in the Pattent or Commission.

If it be not so done and expressed, I know not what Appeal can be, but from the Court before judgment; for what Appeal, what Writ of Errour, or what Plea can a man frame upon their Judg­ment, who have no Rule, no way of processe prescribed, and so cannot erre transgresse, or exceed their Commission. No, not if they should without all legal Accusation, Proof, or Witnesse, con­demn one to be sliced and fryed with exquisite Tortures. They are Judges unlimitted in way of processe, infinite and purely ar­bitrary. No, they are men, and so they must be rational and just, which was presupposed by them that gave so vast a power.

They may be just indeed, and so they should; but yet no thank for this to their Commission, if it doth not bound and limit out their way and manner or processe, as it doth their work and object, or their end; which was the wont of English Parliaments, who were so just and wise themselves, that they did see or fear it might be possible for their Committees to be both unjust and arbytrary, if they were not most ex­actly limited of all Commissions. None were more curiously drawn and pointed out by our Ancestors, then those of especial Oyer and Terminer; because the Cases were not onely heynous, so they ought to be, but such as for some extraordinary cause emergent seemed to be as it were extrajudicial, and such as could not stay and abide the usual processe of the setled Courts of justice: yet of these also did our Fathers take most especial care they might be just in way as well as end, and that they might not be too high in justice; for it seems that they had also learned a usual saying of the Antients, sumum iis est injuria; so that in divers of the Saxon lawes, we finde high justice (summum jus) to be as much forbidden as inju­stice; and I should tremble at it as an ill Omen, to hear authority command the Kings Bench, or any other Court should be now sti­led [Page 11] The Bench of high justice; for injustice, the higher men go up the worse; or so at least it was esteemed by our Ancestors; their con­stant limitation was in every such Commission; thus and thus you shall proceed; but still according to the Laws and Customs of Eng­land, secundum legem, & consuetudinem Angliae; and no otherwise; that is, as Fortescue well saith, You shal be pitiful in justice, and more merciful then all the world, besides this Kingdom. And if such a limitation were not expressed, this was enough to prove the Commission unjust and illegal; which is so well known to all Lawyers, that I need not cite N. B. or the Register Commissions; or Scrogs Case in Dyer; or so many Elder Cases in Edw. 3. Hen. 4. and almost all Kings Reigns.

Nay, in King Iames, among the great debates of uniting Scotland, to England, when it was driven up so close, that instead of, accord­ing to the Law and Custome of England, it might be according to the law and custom of Brittain, it was resolved by all the Judges, that there could not be that little change; but of one word that doth so limit such Commissions, but by consent of Parliament of both kingdoms; and in divers Parliaments of Ed. 1. Ed. 3. and Hen. 4. there were many Statutes made to limlt all Commissions of Oyer and Terminer, as that they must never be granted, but before, and to some of the Judges of the Bench, or of the grand Eire; nor those to be named by parties, but by the Court; and with this usual restri­ction, according to the known cause of the Statute of Westminster, in the 2 ^d Reign of Edw. the first.

And the Lord Cook in the 4 part of his institutes, chapt: High Court of Parliament folio 39, (which book by two special Orders of house of Commons in their purest purity; is published to the spe­cial view of the Nation) expresly saith: That by order of Law a man cannot be attainted of high Treason, unlesse the offence be in Law high Treason, he ought not (saith he) to be attainted by general words of high treason by authority of Parliament (as sometime hath been used) but the high treason ought to be especially expressed, seeing that the Court of Par­liament is the highest and most honourablo Court of Justice, and ought (as hath been said) to give example to inferiour Courts.

And the Lord Cook in the last recited chap. sheweth that Empson and Dudley two privy Counsellours to Henry the 7 ^th were indicted as a couple of Traitors, for acting without Juries contrary to the funda­mental Law of the land, although they had an Act of Parliament, made in [Page 4]full and free Parliament, by Kings, Lords, and Commons, to bear them out in what they did.

And yet for all this, and twenty times more that in law I am able to say for my self, wherefore I ought not to be past upon, ad­judged, or condemned without due processe of Law; and having Crimes particularly and distiuctly laid unto my charge, must I be over-ruled in all manner of law that I can all [...]dge for my self, and be indeavoured to be hanged because I am so honest and just that my adversaries neither have, can, nor dare, lay any crime in Law unto my charge.

But in the second place, although the great sword men of Eng­land be the present Lords and Rulers of England, and my gran­dest and principallest prosecutors at this time: And although se­veral of their Declarations against their quandam Lords and Mast­ers the Parliament, they appeal to all men, whether it be just or tollerable, that any priviledge of Parliament should (contrary to the Law of Nature) make a mans adversary judge in his own cause and concernment; And therefore they declare, they cannot any longer suffer the same, but shall take some speedy and effectual course whereby to refrain them (viz. se­veral Parliament men) from being their own, ours, and the Kingdomes Iudges, in those things wherein they have made themselves parties.

And yet contrary to the expresse Law of England, the Law of Na­ture, and their own foresaid Declarations, the great Sword men, my present chiefest adversaries, have constituted one of my grandest and maliciousest enemies that I have in the world, viz. Mr. Attor­ney General Prideaux to be one of my principallest Iudges, and that also in his own concernment.

And that he is so, I thus make appear.

First he was in October, 1649 at Guild-hall my chiefest most bloody and cruel Prosecutor without Law or Reason to take away my life, and was so malicious and unjust in his prosecution of me, as that he did avowedly again and again in open Court aver that there was a Statute made in Queen Maries days, that did expresly take away and abolish those two Statues of Edward the sixth, viz. Ed. 6.12. and 5 and 6, Ed. 6. chap. 11. that I insisted upon to save my life by, at those that require two plain and evident witnesses to prove every fact of treason against any man that are charged there­with. And if in that particular I had not understood the Law as [Page 5]well as himself, he had taken away my life with a consident lie and f [...]lshood.

2dly, he produced two of his sevants Mr. Nutleigh and Edward Radney, and Nutleigh (who the other day at the Sessions took two of the strangest contradicting oaths that ever I heard from the mouth of a man in my life,) And he swore that he was with the Attorney General in his chamber, when he see me give to his Ma­ster the Atturney General this specifical book, intituled, A Prepa­rative to Hue and Cry after Sir Arthur Haslerig, and he did own it, (saith he) and called himself the Author of it, save onely the errataes of the Printer.

The same said Edward Radney, but being both demanded by me whether to the words there was not this addition, saving the Printers errataes which are many, and they both denied them; al­though Col. Francis West the then Lievtenant of the Tower, who sate all the while betwixt M ^r Prideaux and my self, swore these were the words, viz. here is a book which is mine, which I will own, the errata's of the Printer excepted, which are many.

And besides I did not see either of the foresaid servants of the Attorney General in the room, although I often looked diligent­ly about me, and were it the last thing that ever I were to say, I am not able to say there was so much as one person in the room at that time, besides, the Attorny Gen. Prideaux, Col. West, then Lievt. of the Tower, and my self.

Again about a term or two before I left England, the said Attorny General Prideaux, before the Lord chief Baron Wild, and Baron Thorp at the open Exchequer Bar, preferred and caused in open Court to be read against me, one or more most false, forsworn, and perjured affidavits; which in the substance of them did declare; That I was in the head such a day as the Ringleader of a great Rabble of people, and set them on to pull down a­bout four score houses, and set them on to do it in my own person, in the Isle of Axom; After the reading of which, I told the Lord chief Baron Wild, that I was amazed and confounded, that a man that pretended to have any thing of common honesty, durst be so impudent and audaciously wic­ked, as contrary to his own particular knowledge and conscience, with his own hands and tongue to present, such abhominable false and perjured oaths into a Court, as M ^r. Prideaux that day had done against me, when in his own conscience and knowledge in open Court I did then appeal to; that Mr. [Page 6]Attorney very well knew that for so many days before the day mentioned in the said oaths, that the houses were pulled down, and upon that very day the act was done, and for so many days after, I was constantly day by day with­out intermission at the Parliament doors or at a Parliament Committe; with M ^r Prideaux himself, a managing and negotia [...]ing that very affair of my honest Cliants, of the Isl [...] of Axome; and therefore then told the Judges, That if M ^r. Attorney General did deny this, which I was confid [...]nt in his own kn [...]wledge he kn [...]w to be true; I had witnesses enough at that Bar to prove every circumstance of it, and therefore being I was con­stantly in London and Westminster both before the day the fact was commit­ted, and upon the very day it was acted, and so many days a [...]ter it was done, it was impossible for M ^r. Prid [...]aux his oaths, to have any shadow of truth in them, unlesse he could prove, that I had such a body that could be at West­minster, and in the Isle of Axholm, about 7 or 8 score miles from West­minster, at one and the self-same moment of time, and yet though about this very businesse he was, as a man might easily then see sufficiently shamed and branded for a lying and false man; yet after this when I was ready to leave England, was he the principal man, that caused to be preferred in Parlia­ment against me about this very businesse of the Isle of Axholm, a most no­torious and false unjust and lying Petition, as upon the utmost hazard of my life now I am come into England, I do ingage to make it evidently ap­pear.

And yet more then all this, this very Attorney General Prideaux was one of the most violent, and furious, and unjust sticklers that S ^r Arthur Haslerig had in the whole Parliament against Iosias Pri­mate, mentioned in the Act upon which I am indicted; and was the chief Actor in misleading and misguiding the House against the light of Truth, and plain Evidence, to passe their Votes against Pri­mates honest and just businesse; and as by common fame, but not o [...]herwise it is said, and to passe certain Votes against me, upon which the pretended Act upon, which the Indictment against me is founded; and yet must he now come to be a violent Judge upon my life, to take it away upon an unjust Act, and unjust proceedings made in a great measure by himself; for which he rather deserves (like Empson and Dudley) to be hanged as a Traytor, for subverting all the Foundations of all the fundamental laws of England, and thereby cutting in pieces; as much as in him lies, all the bonds, and ties, and ligiaments of humane society in the English Nation, and [Page 15]thereby leaving no man now in England any thing else, for the se­curity of his life, liberty, and property, then absolute Will, lust, and unbounded pleasure; then in the least to be justified in his so do­ing: but yet this is not all. For besides, to render him uncapable to be at liberty, to execute any office in the least, much lesse to be my Judge, or any mans else, he is a legally and formally impeach­ed Traytor in the Upper Bench upon Record, before the Lord chief Justice Rolls, by Thomas Elslist Esquire; which said Esquire, as his own mouth hath informed, hath entered into great bonds be­fore the said Lord chief Iustice Bolls, to prosecute the said Charge of High Treason against the said Prideaux; unto which, the said Elsliot doth avow the said Prideaux dare not appear, but stands in absolute contempt and defiance of the law; for which the said Esquire, being a legal man of England, hath already (as he avers to me) almost brought him to an Outlary: in all which considerati­ons I appeal to your conscience and judgment, and all rational and ingenuous men that shall read this Epistle, whether in law, equity, or conscience, the said Attorney General Prideaux be not altoge­ther unfit in any kind to be my Iudge; and whether all the premi­ses seriously considered, they be not cleer, palpable, and evident demonstrations, that the Lord General (whom upon very good grounds I look upon to be my grand and principal prosecutor and thirster after my innocent blood) hath nothing in crime, law, or ju­stice, to lay unto my charge; but onely endeavors to take away my life by will, force, power, and palpable injustice; for a deliverance from which, I most earnestly and heartily desire your publique and private prayers to the Lord Iehovah, my assured and undoubted Rock of Salvation, and the utmost of all just, righteous, and law­ful means that lies in your power; for which, I with my poor af­flicted wife and babes, with all the honest single-hearted people of England, shall be much ingaged unto you: so with my unfeigned love, and hearty respect presented to you, I rest,