DEare and well beloved brethren, it was the lot and portion of our only Lord and Master Jesus Christ, to be persecuted, reviled, reproached, and counted a Troubler of the World, and one not fit to breath therein: And this even by his owne Countrey men and friends, and if we his servants meet with the same measure, he hath commanded us not to be dismayed or troubled: and the reason is, because the ser­vant is not above the master: And withall, that we might goe on cheerfully in bearing the yoake of our master, he hath ingaged himself to beare part of it with us, and takes all that is done to us for adhearing to him, as done unto himselfe, Acts 9.4.

And therefore, saith the spirit of God, in all their afflictions, he was afflicted, & the Angel of his presence saved them, Esay 63.9. Paul, Peter and Iohn, found these sayings of their master true, and had their Portion in afflictions in an extraordi­nary manner, but yet tasted largely of the faithfulnesse of their masters promise, which was to be with them, in them; which made Paul glory in his tribulations, and to say, that as his afflictions did abound, so much more his consolations; and Pauls portion in these expressions and injoyments, I my selfe have been made par­taker of, in my great and pressing tribulations, which I under-went in the Bishops dayes, as in this my insuing epistle written in the yeare 1638. to a speciall friend of mine, you may largely understand, and having had a large portion of sorrowes all along both before and since, throughout my Pilgrimage in this present Vaile of teares.

And having had my spirit mightily refreshed and carried above the world, and the lash of my bitter adversaries, by calling to mind my by-past experience and refreshings, that I have injoyed from that Fountaine of fulnesse, that hath for many yeares together been my sensible injoyed portion: and amongst all the Writings and Declarations of Gods Love and Kindnesse manifested to me in my sorrowes, [Page 4] this following Epistle hath most affected and taken my spirit, with greatest content which hath made me many times full of longing desires to have it published, for the incouraging of the Saints to incounter with difficulties in the cause and quir­rell of their Lord and Master, and not to be afraid of bond [...] nor imprisonmente.

And having lately been extraordinarily pursued with my quondam friend Wil­liam Prinn, as if nothing but my life and blood would satisfie his turne, I shall not now particularly recite, what hath passed already betwixt us, but refer you to what I have already written, especially my printed reasons, delivered in against him to the Committee of Examinations in May last: I confesse I take small delight with medling with such a man as William Prinn is, who takes so much elbow roome to tell untruths, without consideration what he saith, as if he had been bread thereun­to, and as if there were no God in Heaven to judge righteously or no man left up­on earth that had so much ho [...]testie in him, as to take notice what he saith, were it not that I were extraordinarily forced by the violence of him, and his partakers, many of which have but little knowledge, & as little Judgement to judge of things between us; but only because William Prinn saith it, I shall therefore in the first place begin with his booke called, A fresh discovery of prodigious new wandring blazing Star [...], and Fire-brands: And to let passe those bundel of Falshoods con­tained in the severall Pages of that booke, the bare naming and enumerating of which, are able to fill a pency Phamphlet, I shall at present only insist upon a few lines in the 17. Page, and by what you find there, you may judge of all the rest. His words are as followeth.

And not contented herewith, they lately conspired together to exhibit a Peti­tion to the Parliament for present disolving the Assemblie and sending them hence to Countrey Cures (to prevent the setling of any Church Government, to which end they met at the W [...]i [...]ndll Tavern where Leiftenant Coll. Iohn Lilburun (a fit In­strument for such a seditious design) sate in the Chaire, and Mr. Hugh Peters sug­gested the advice which was accordingly inserted into the Petition, but the Com­mon Counsell men smelling out the designe, when the Petition came to their hands most discreetly lest out that request as seditious and unjust.

For answer unto which, I desire to informe you that immediatly after the losse of Leicester, there were divers persons of severall quallities, Citizens of London, and divers of them of very good quallitie, met at the Windmill Taverne in the Old Jury to confer together, and to consider of something for the good of the City and Kingdome, after so great a losse as Leicester was generally judged to be; and after a long debait of many things, the whole company then present, being about 2. or 300. chuse out about 16, persons then present by way of a Committee, to draw up a Petition against the next morning, to be presented to their viue and considerati­ton: and amongst the rest my selfe was one, but I doe professe for above the third part of those that were called the committee, I had never conversed with them be­fore in my life, nor scarce knew their faces, and therefore no wise man could judge us such fooles being strangers each to other, as to enter into any conspiracie.

Secondly, That I sate in the Chaire, which is most false also, for it was one Mr. Lee a meere stranger to me, and one who to my knowledge I never changed one word with before, in all my life.

Thirdly, he saith our conspiracie was, for present dissolving the Assembly and [Page 5] sending them home to Countrey cures, which is most untrue; for all that was de­baited was, but the proroging of them for a Month or six Weekes, that so they might goe downe into the Association, and use their interest amongst the People for their universall rising to prevent the Kings breaking in amongst them; which was then generally, much feared, and was then looked upon as a designe the which if the King could accomplish) tending to the speedy ruine of the Parliament, and the cause they have all this while been a managing: and I hope no true lover of the Parliament, will be offended at our good intentions and desires at that time, of so publique distractions for theirs and the Kingdomes preservation; which was the uttermost, that to my knowledge was in any mans eye and intention there.

In the fourth place, he saith our conspiracy was to prevent the setling of Church Government, which is a fourth untruth, for that was not any part of our end or meeting, nor to my remembrance any of our debaite.

Fiftly, he saith that Mr. Hugh Peter, suggested the advice, which is a trible untruth for first, he was not there, and to my remembrance, I never saw him there in my life, and therefore, 2. He could not suggest the advice, neither 3. was there at all to my remembrance any such advice, as he speakes of amongst us; for the cheife advice that was about this businesse, was not from Mr. Peters, but from Major Sallaway of London, one that is reputed a wise and moderate man, and one that will looke well before him, before he leaps, and his advice was given upon this question, be­ing stated amongst us, seeing the King had taken Leicester, which we all looked upon as a great losse, not only to the Kingdome, but especially to the City of Lon­don in stopping provisons that used to come out of many Countreys; and seeing, Sir Thomas Fairfax with his Army was at Oxford, and the King in a faire way to take Cambridge, and other places in the Association, the preventing of which wee looked upon to be, of extraordinary consequence to both the Kingdome and City, and therefore staited the question, what in our apprehensions was the best way, to, prevent him, and it was agreed upon generally, that speedily to raise the whole As­sociation, was the only present way to prevent him.

And then the second question was, which was the most effectuall way to raise them, and amongst other things, it was conceived by all, that if the Ministers in the Assembly would for a little time rejurne, and the most of them imploy their parts and interests amongsts the people, it would be one speciall meanes to effect the thing desired: and Maior Salloway did then tell us, he thought such a desire would be well pleasing to the Ministers themselves; for saith he, this evening I came from Westminster with a Minister of the Assemblie, (and a notable Presbiterian,) and we had discourse of this very thing, and he to me made it his desire, that if I did come to any meeting where there was any intention of a publique Petition, that I would use my endeavours, to get the desire of having the Assemblie rejurned for a little time, that so they might use their utmost endeavours as well as Commanders and Souldiers, to helpe to save the publique; and upon this advice and information, we were swayed to thinke of this.

His eighth or ninth untruth is, that he affirmes we did accordingly insert into our petition, our desire of dissolving the Assembly, which is most false; for it was only that for a short time it might be proroged, as by the Originall of the Petition yet remaining, will be made to appeare.

But in the tenth place saith he, the Common Counsell men smelling out the de­signe, when the Petition came to their hands, most discreetly left out that request as seditious and unjust; to which I answer, first, the Common Counsell men could smell out no designe about that, for there was no such thing in it as he speakes of; and secondly, that which we had put in it about proroging the Assemblie, we our selvs upon debait the next morning blotted out, before ever the Petition was ingro­sed: and then thirdly, neither what he saith nor what we had once put into the Pe­tition came in it to their hands: and therefore fourthly, to give him 13. or 14. un­truths to the duzzen in less then 8. lines, being he is so constant a trader in them & ingroser of them, they neither did nor could most discreetly leave out that request as seditious and unjust, that never came to their hands, is the Petition in print pre­sented to them will declare and prove.

But if William Prinn say, I have spoken or written in these particulars that which is false and so abuse him, I challenge him at the same, or any other place in London, to give me a publique meeting, and let him bring as many of his friends along with him as he pleaseth, and I will to his face by good and lawfull testimo­ny, not only by Independants; but by honest Presbyterian [...], and good and [...]ust Common wealths men; disprove every particular before mentioned, that he affirmes (not by heare say but positively, as if he had seene and known them all out of his owne knowledge) to be reall truths, and also will make it appeare to his face in obove 40. more Particulars in that booke and a letter, that he is a no [...]orious and wilfull falsifyer of the truth, and such an Incendiary against just, honest, and peaceable Common Wealths men, that neither the whole Society of Lawyers, nor the whole Kingdome hath his fellow; and which, if his troublesome spirit con­tinue still in his insufferable provocations, I shall publiquely in print doe and call it, (in opposition to his late booke called the Lyer confounded) the lying Lawyer confounded.

Surely such uniust, unchristian, and inhumane practises as these are, makes mee stand admiring, that William Prinn who formerly professed to have a conscience, and not only to walke by principles of morallytie, which by nature are engraved in the hearts of the very Heathen, I meane especially to doe as they would be done unto, but likewise by divine principles (which in some measure were demonstra­ted by his sufferings) that he should be so far degenerated, as to walke and act below the principles of a common Christian, that in my apprehension he com­meth short of a civill moralized Heathen, his late bookes being so fraughted with bloody and malitious slander and untruths, as though his greatest designe were to destroy all the generation of the just, that doe but differ from him. I wish he would consider what the Apostle saith Heb. 6.4.5, 6. For it is impossible for those that were once enlightned, & have tasted of the heavenly gift, and were made partakers of the Holy Ghost, and have tasted of the goodnesse of God and the pow­ers of the world to come, if they shall fall away, to renew them againe unto repentance, seeing they crucifie to themselves the Sonne of God afresh, and put him to an open shame.

In the second place, I come to examine a few things in his late refutation against me, called the Lyar confounded, though I confesse for my owne peace and quiet­nesse sake, I had intended to have given it no other answer, then what is done in the house of Commons older, that set me at libertie, had not divers of his A­betters [Page 7] so extraordinaryly provoked me by their lies and false reports, as though I had come out of prison by some base wayes or meanes, and that only upon baile. But that upon I know not what grounds and reasons of Clemency, and Mercy from some persons of great quallitie; in whose power it was and is still to destroy me: for the head of the plot he mentions in his 27. page. I shall therefore for the pre­sent vindication of my reputation, without the desire of picking any new quarrells with any man, mentioned in that his worthlesse and incendiaty booke, or without the staining of the reputation of any member of the house of Commons, much lesse of the house it selfe, with whom I hope to injoy a better understanding and a fai­ter respect, then of late I have done by William Prinns malitious meanes.

I shall begine with what he saith in his second page, That I was a poore obscure Apprentice in London, at though to be Apprentice in London were such a disgrace­full thing, as though he that is, or hath been so, must not stand in competition with worthlesse William Prinn: but I was a poore obscure one, and all the reputa­tion I ever gained in the world, was from him, whose servant I was generally repu­ted to be, and was contented to owne that title for my own emploiment: to which I answer, an Apprentice in London I was indeed, and served divers yeares a master that dealt in Cloth by whole saile, and divers other rich Commodities which was a better trade then ever William Prinn was brought up to in his life and my masters word or bond would be taken for more money upon the Royall Exchange of London, then I am confident William Prinn will ever be worth just­ly gotten by him, with whom I lived in good repute, & did him more true and faith­full service, then ever William Prinn did the Common Wealth for all his boasting.

And for my own particular thought, I confesse comparisons are not pleasant, yet be­ing so exceedingly urged unto it, I say, I am the offspring (even in the eyes of the world) of as good, (if not a better & honester) parentage, then W. P. and brought up while I was a youth, as like the sonne of a Gentleman at William Prinn, to bee whose servant in that way he meanes I never was, nor never to any man breathing owned, nor never counted it an honour to have been so reputed: but alwayes, and to every man living (to my remembrance) that so tooke me I disclamed, yea and with Indignation to many, and doe now before God and the World professe, I should have thought the worse of my selfe while I had breathed, if ever I had had any dependance in the least, upon so ungodly and worthlesse a man [...] though this I say, I accounted it my duty to doe William Prinn and Doctor Bastwick, all the free offices of love and service that lay in my power, during all the time that I concei­ved they stood either for God, Goodnesse, or Iustice: And my actions and carriages then towards them were sutable to this principle. Though this I ingeneously con­fesse, God never gave me over to so reprobate a mind, to grow great and get ritches by so unjust deceitfull wayes and meanes, as William Prinn hath done; whose unjust practises (as he is a Lawyer) one of his owne party and an Essex Minister, proclaimed openly upon the Exchange the other day, who said he was a Knave and he would prove him so; for said he, he hath taken fees one both sides, and therefore deserves to be turned over the Bare, and never to plead any more, and whose Knavery will be speedily caractarized in orient Colours by the honest Gen­tlemen of Gersey, whom he so much wrongeth and traduceth in the latter end of [Page 8] his booke, and which is already pritie wel laid open by Mr. White Minister of Berba­dus.

And for that of Doctor Bastwicke mentioned by him, in the foresaid second page It is a notorious falshood, and for the further answer to which, I refer him to my answer to Doctor Bastwicks late untrue defence, which by way Epistle I sent to the Mayor and Corporation of Rye, at my late being in Newgate in September last, where the Doctor with many lyes and vapours, laboured to be chosen a Burges; and thought his abusing of me there would have done his businesse for him: but by that Epistle (a Coppy of which William Prinn I thinke may have for sending for) I believe I did not a little serve him the back way; For I there (among other things) prove him a bold affirmer of untruths, not in a few things, but in many: thirdly in his 11 page, which I am confident hath well nigh 20. in it, only two or three words in answer to that, which he affirmes in the foresaid page, that if it had not been for him and Bastwick, I had lyin buried in obscurity amongst the rubbish of the mea­nest vulgar, scarce known to any but myselfe; which is very strange, for before I ever saw Prinns face, I was (as I suppose) a greater traveller, then ever he was in his life: for being borne at Grinwitch, my Father and mother being both Courti­ers, and her Father for the greatest part of twice 20. yeares before; that I went young downe to New Castle by sea, and from thence to my fathers owne heredita­ry habitation; where beside other education, the best which the Country afforded, I was brought up well neigh 10. yeares together, in the best Schooles in the North, namely, at Anckland, and New Castle, in both which places, I was not one of the dronessest Schoole Boyes there, and besides my knowledge in the Latin [...] tongue, I was a little entred into the Greeke also. And at New Castle, I did not only know, but also was knowne of the principall men there: and after that came to London, and served divers yeares with a master that betrusted me, to receive ma­ny thousand Pounds, for him of the the greatest Merchants in London that dealt for Turkey or the East countreyes, and many times severall dayes in the Weeke, kept the Exchange to dispatch my masters businesse, that he betrusted me to doe for him, so that I thinke I was better and farther knowne, before I heard of William Prinn then himselfe.

I come now to his 4. page, where he cites the Order made in the house of Com­mons, January 17. 1644. against me, which authorized the Committee of Exam­minations to summon me before them, and to examine me about my writing a let­ter to him at that time, and in the 5. page he saith and affirmes, the Committee May 16. made a Warrant only to summon me before them, though he very well knowes, that I was attached and a prisoner, and did complaine of it to the Commit­tee, (to my remembrance) before his face, that it was very hard in my thoughts that I who had adventured my life, and alwayes declared faithfullnesse to the Par­liament, should be clapt by the heeles before I was heard: at which one of the Com­mittee then present spake and said, he could not thinke I was a Prisonner: for (saith he) to the Chaire man, it is strange he should be a Prisoner, for our order from the House was only to summon him, upon which Justice Whittaker acknowledged that it was a mistake, and therefore by Order of the Committee gave me my liber­tie; and both hee and the Committee used me then with civilitie and respect to William Prinns great s [...]ame, yea; and J doe a [...]er this for a truth, that after J had [Page 9] been once or twice commanded to withdraw, and being called in at the conclusion of that dayes worke, Justice Whitakar spoke unto me to this effect, Leivtenant Collonell Lilburn, I am commanded by the Committee here present, to return you thankes for your Valour, Faithfullnesse, and good service done for the King­dome, and doe desire you to continue still the same good affection, and doe ad­vise you as a friend, to be moderate and wise, that so you may not loose that good repute that hetherto you have deserved from us, and also that you will take heed, that you put nothing in your answer which may doe you hurt, and besure you faile not to bring it in according to your promise, and [...]ake heed in the interim, you publish nothing, you are a free man, and may goe home and behave your selfe like an honest man, as hetherto you have done, so we parted in my apprehension very good friends, for all William Prinns mallice.

And that he affirmes a falshood in saying that I was but barely summoned, I de­sire you to read the Warrant by which I was attached, and then judge, a true copy of which, as I had it from Mr. Rich, so only the Messenger that apprehended me, under his owne hand, thus followeth.

Upon the Tuesday next after this, I remember I delivered my reasons in (where­fore I writ my letter to him) in a whole sheet of paper under my hand, at the re­ceipt of which, the committee told me that they were not at leasure to read them, but if William Prinn never called for a further prosecution, I should never heare more from them about that businesse, and so discharged me.

And afterwards in June I caused at to be printed, he and Bastwick still persisting in their mallice against the people of God, in which he saith, there is many false relations, which tend to make the Parliament odious, I say there is not one false relation, but all of them I am able by good testimony to prove; and I desire every unprejudiced man that reads it to be judge betwixt him and me, whether it be full of invictions against the Parliament or no.

In his 6. page, he is very much troubled at my answer to 9. Arguments made by T.B. which I writ in the Fleet above 6. yeares agoe, in the hight of the Bishops ty­rannie, yet because it was mine, though done against the Bishops and their Priests, so long agoe (although the Parliament hath condemned them as Antichristian) I [Page 10] must be troubled for it, by William Prinn so great is his mallice against me, al­though it was printed before he first troubled me, which was many moneths be­fore the 18. of June, at which time he was the instrument (as J conceive (though he let fall his former businesse being so justly paid with my reasons that he durst meddle no more with them) to get me the second time upon a new businesse at­tacht a prisoner againe, though he falsly affirmes the contrary the copy of the War­rant by which I was apprehended by the same Messenger here after followeth as I had it under his owne hand.

And when I came the next day before the Committee, I found not so faire play as before, for they would neither heare me nor tell me the cause, nor ground to this day, wherefore they imprisoned me.

In the same page, he speakes of a third time, that I was ordered to be sent for in custody, but I have forgot when it was, being either a Sleep or in a Trance, when I was so sent for, at which time he saith I lay in the Messengers house, which I never did in my life, but mistakes, and untruths are so common with William Prinn, that he hath forgot making conscience of letting his tongue run at ran­dome,

Then he comes to the 19. of Iuly and recites some words that I should speake a­gainst the Speaker, though from that day to this present houre, I could never see or heare of any man breathing, that would face to face, lay any such thing to my charge, and truly if I should have spoken any such things by way of report, it was to me very strange that Mr. Prity, Mr. Rawson, and Mr. Worly, who on that day in the fore noone, gave information to a Committee of Parliament, of some such thing as he there speakes of, and who being informers, if any man ought to be laid hold of, about it, they did, and not I, that neither informed nor appeared in it, and hard measure it is to me, that they the principalls, should goe scot free, and I only brought upon the stage, by the pure and meere mallice of my adversaries, and also clapt by the heeles not before but many houres after they had given in their in­formation.

Besides, if I had said any such thing as he report, I ought (being a free man) to have had a legall proceeding, and not before J was heard, to be clapt by the heeles, no man that J can meet with, knowes wherefore.

Again, to me it appeares more agreeable to law, that if so high an accusation as [Page 11] (hee speakes off) be laid against any man whosoever, by a man knowne to bee a friend to the publique, that rather the accused, then the accuser should be imprison­ned, though I conceive it is but just, that he that accuseth should put in securitie to prosecute his charge, and in case he faile to make it good, to be forth comming to answer the Law in point of reparation to the party accused; and for my part I pro­fesse, J am to learne (to conceive,) that any man in England: that professes him­selfe to be a man, (and not a god) hath justly by any pretended prerogative or priveledge whatsoever in such a case, exemption from the lash and rigor of the Law more them myselfe, or the meanest free man in England, and J doe seriously pro­test, my judgement is, that what single person soever he bee, whether King, Lord, or Member of the House of Commons that treads under foot the Law made by common consent, and Acts as if he were subiect to none, is an absolute Tyrant, and no Ordinance of God, and so not by any to be obeyed.

And you in the 11. page of your Appendex, called The soveraine power of Par­liaments and Kingdomes, say, that command is in the Magistrates, Au­thoritie in the Senate, power in the people, yea, and Maiestie in the people in ge­nerall: And after ward speaking of Doctor Ferne and his unlimitted power that he invests Emperers and Monarchs with, which is, that it is unlawfull either for a Senate, or the people forcibly to resist, much lesse to depose, take up Armes against or call them to a strict, just account, for their tyrannie, oppression, or misgovern­ment; Which Tenents you say are directly contrary to Pauls doctrine. Rom. 13.1. to 6. Let every soule be subiect to the highest powers, &c. Which highest powers you there say, are the Senate and people, to whom the Roman Emperors themselves were to be obedient in all iust requests and commands, under paine of damnation, and subiect to the Senates sword of iustice in case of disobedience and misgovern­ment, and therefore you againe there say, that Kings (even by Pauls Doctrine Rom. 13.) ought to be subiect to the higher power and jurisdiction of their Parlia­ments, the Lawes and Statutes of their Realmes, and to be accuntable to them.

But if Kings the greater, must be subiect to the Law, and accountable to the people, then a single Parliament man the lesser needs must be the same, yea, and (say I the whole House of Commons themselves, being according to the consti­tution of this Kingdome but a part, and not the whole Parliament, being but one of the 3. estates, must and ought to be subiect to the knowne law, and cannot in iustice punish a free man contrary thereunto, what soever tyrannicall principalls accompany of corrupt men maintaine to the contrary, which is the only way to make the House of Commons odious and contemptable to the people, by puting them upon such things as may be a burthen and a mischiefe to them, and thereby secretly and in an undiscerned way doe the long desired worke of the Royalists at Oxford, by driving the people into such a miserable condition, that they shall rather long for their old bondage and slaverie which was upon them under the King be­fore this Parliament, then any longer waite with patience for their iust and long expected libertie and freedome, promised by and expected from the Parliament,

And for my part I confesse, I am yet in the darke, and at a scruple, whether the House of Commons maintaining 3 estates, that is to say, the House of Commons for the grand inquest of the Kingdome, the House of Peers for the Judges, and the King for the Executioner, can iustlie and legally imprison any Commoner of Eng­land [Page 12] by their owne bare authority, without the warrant of the Lords (accounted by themselves) to be the Iudges, and I doe on the contrary side according to the foregoing principall, doe question whether the Lords singly can send for a Com­moner of England, and without the privitie of the House, of Commons at their pleasures, commit him to prison? or whether or no, it be not the just and legall priveledge of the free men of England, that if any estate of Parliament take cogni­zence of a crime committed by them, that they ought to be summoned by the House of Commons and so transmitted up to the Lords, and from them be com­mitted if they see cause.

But you will say, they act now by two Estates, that is to say, the Grand inquest, and Iudges; and both of them joyned together, do execute? I answer, to me the case it all one yet, so long as the House of Peers by the House of Commons are owned and reputed for the Judges, and nothing declared to the Commons of Eng­land for them groundedly to take notice of the contrary.

Now the laying all the promises together, and William Prins, owne confession as a Lawyer, in the 21. page of his booke, that if the Parliament or Committe have committed me to New-gate without the cause of My commitment, expressed in the Warrant, I might have had some couller of complaint of injustice, and breach of MAGNA CHARTA, and the Petition of Right.

To which I answer I desire to be resolved from any conscionable and understan­ding Lawyer in England, whether in the House of Commons, or out of the House of Commons, whether I have not iust cause to complaine of iniustice, and breach of MAGNA CHARTA, and the Petition of Right, to be imprisoned by Iustice Whitaker, by his owne bare authority contrary to an expresse order of the House, and that before ever I was heard or knew what was laid unto my charge, as by his forecited warrant dated the 14. May 1645 doth appeare.

My second quaerie is this, whether or no I being a free man of England, and ne­ver tainted with Malignancie against the just freedome of the Nation, I have not iust cause to complain of iniustice, and breach of Magna Charta, and the Petition of Right; for Iustice Whitaker the second time, to imprison me without any legall summons, and that before ever I was heard or knew my Accuser or accusation, as by his forecited warrant of the 18. of June 1645. doth appeare, yea, and from that day to thi [...] present houre, could never come to any hearing whatsoever, nor ever know what was laid to my charge, nor who was my accuser,

3ly. Whether or no, I have not grounded cause to complaine of iniustice, breach of MAGNA CHARTA, and the Petition of Right, against all those of the house of Commons that principally acted and voted me to prison without expressing any cause of my imprisonment in the Vote or Warrant, by vertue of which I was com­mitted, which Vote or Warrant thus followeth as William Prinn in his 6. and 7. pages hath it.

And after they had committed me to the Seriants custody, and he to one of his Deputies, and there kept me in durance as a Prisoner, and at the same time refused to accept of Baile for me, though it were desired by one of my friends by way of motion in the House of Commons, and have never legally from that day to this present houre, letten me know the cause of my commitment or my accuser.

Fourthly, Whether or no J have not true cause to complaine of iniustice, breach of MAGNA CHARTA, and tht Petition of Right against Mr. Corbet, and the rest of the Committee of Examinations, who commanded me before them upon the 2 [...] of Iuly 1645. and refused to declare unto me the cause wherefore they had impri­sonned me, and pressed me to answer to interrogatories concerning my selfe, and for refusing, commanded me backe to prison, although they very well knew, that I was sentenced in the Star-Chamber, upon the very same grounds, and also knew that the House of Commons May 4. 1641. had voted, that that sentence, and all the proceedings against me in Star-Chamber, was not only illegall, and against the Li­bertie of the Subiect, but also Bloody, Wicked, Cruill, Barbarous, and Tyranni­call, the proceedings that were at that time, for the cleerer satisfaction of the world I shall (as neere as I can) here set downe.

Mr. Corbet being in the Chaire, said unto me, Leiutenant Collonell Lilburn I am commanded by the House to demand this question of you? whether did not yon upon the 19. of this present Iuly, (being Saterday) at Westminster say, that there were high and great things discovered concering divers Members of the House of Commons, which reached as high as to the Speaker, who from his owne hands, had sent Three score Thousand pound to the King to Oxford? unto which I re­plyed, Sir J am a Prisonner committed by the House of Commons, but I know not wherefore. I shall therefore, humbly desire to know the cause of my commitment, and then I shall answer you, unto which he said very angerly. Sir The house is not bound to declare unto you, the cause wherefore they commit you unto which I said, then truly I have been a long time mistaken. Sir, saith Mr. Corbet, We expect frō you a possitive answer to the questiō & cōmand you to give it. Wel Sir, then to it I answer thus. I am a free man, yea, a free borne Denizen of England, and I have been in the feild with my Sword in my hand, to adventure my life and my blood (against Tyrants) for the preservation of my just freedome, and I doe not know that ever J did an Act in all my life, that disfranchised me of my fredome, and by vertue of my being a free man (I conceive) I have as true a wright to all the pri­veledges that do belong to a free man as the greatest man in England whatsoever he be, whether Lord or Commoner, and the ground and foundation of my freedome I build upon [Page 14] the grand Charter of England, which is published and expressed in the 9. of Hen. 3. chap. 29. which I humblie crave leave to read to this honorable Committee, and having obtained leave I read as followeth.

No free man shall be taken or imprisonned, or be diseased of his free hold, or li­berties, or free customs, or be out lawed, or exciled, or any wise distroyed, nor we will not passe upon him, nor condemne him, but by lawfull Iudgement of his Peers, or by the law of the Land, we will sell to no man, we will not deny, or deferre to any man either Iustice or Right.

Sir the priveledges contained herein, are my Birthright and inheritance, which priveledges have been ratified and confirmed to the free people of England by this present Parliament, and many Declarations put out against the King for violating of them.

Yet notwithstanding, since the first of May last, I have by authority from the House of Commons, beene three times imprisonned, before ever I knew my accu­ser, or mine accusation, or ever suffered to speake one word in mine owne defence, which I humbly conceive, is contrary to MAGNA CHARTA, and those prive­ledges that I ought to enjoy, by vertue of my having an interest therein, and now J am imprisonned by Vote of the whole House, J know not wherefore, therefore till it be made knowne unto me wherefore I am imprisonned, I shall not answer to any of your Intetrogatories at all, unto which Master Corbet, as also Mr. Whittaker replyed.

Mr. Lilburn be advised in your expressions, and take heed what you say in this nature, Gentlemen, I humblie thanke you for your causion given, me but for your advice I desire you to keepe it to your selves, for (I conceive I know well enough what I say, and truly that rough and hard dealing that I find from the Parliament, and their Officers, forceth me to expresse my selfe as I doe, for I beseech you give me leave to tell you, that I was never so affronted and abused in my life amongst my friends as I was by your Serjant at Armes, when he apprehended me, who at the going into the Hall, tooke me by my sword belt, and dragged and pulled and shooke me, giving me such language, as if I had been the arrantest Rogue or R [...]s­call in the world, and when I was out of the Hall, where I civilly (understanding the nature of a Prisooner) disarmed my selfe, and was giving my sword into the hands of my friend, to carry home to my wife, as my owne proper goods, he would needs by force and violence rob me of it, saying it was his and he would have it, so that I was forced to scuffle to preserve my selfe from being robbed of my owne pro­per goods, and all this he did unto me, having no Warrant at all about him, [...]o meddle with me, nor I not offring the least affront in the world to him.

Time was that he used your enemies (to my knowledge) ten times milder, for when Captaine Hide drew his sword in Westminster Hall of purpose to make an Uproare there, whom I disarmed, & brought both him & his sword up to the House of Commons door, & by command of divers Members, dilivered them both to the Serjant, yet immediatly after during the time of a conference, he let both him and (for ought I then knew) his sword also goe to his comrag [...] in Westminster Hall, who being no sooner there amongst them, but he occasioned almost a 100. of them to draw, and fell to slashing and cutting, having driven the naked people up the very Parliament staires, with a resolution (for any thing I could perceive) to [Page 15] cut all your throats in the House, for the preventing of which, Sir Richard Wise­man, my selfe and divers other Citizens with our swords in our hands freely adven­tured our lives.

Here upon Mr. Lile stept up, very soberly, and expressed himselfe to this effect. Mr Corbet I desire to know whether or no Mr. Lilburn intends by way of Petition to declare these expressions of his to the House? or whether he intends hereby some other way, as to cast an aspertion of injustice upon the whole House of Commons, and to shew his refractorinesse to answer to their interrogatories?

Whereunto I replyed Sir, for petitioning the House, I have no intention to doe it about this businesse, having petitioned long enough to no purpose already in ano­ther case, and as for your other expressions, I humbly conceive my words are plaine and he that reads them may easily, understand them, and if you can expresse them plainer then they are already written, and reach my sense and meaning, I shall wil­lingly subscribe my hand unto them, or if you please to give me pen, inke, and pa­per, I shall write my owne words my selfe and my name at the bottome of them, where upon divers of them wished me to take heed what I did, I told them, Gen­tle men I speake not the words of rashnesse or inconsideratenesse, but of deliberati­on, having something pondred upon them before I came to you, neither doe I speake the words of lightnesse, as though I would say a thing this houre, and fall from it the next, but I speake that which I will stand to, and live and dye by, hum­bly submitting my body to your pleasure, so being commanded to withdraw, I said Gentlemen, I humbly crave leave to make one desire more unto you, which is, that you will be pleased to give me a Copy of your question and mine owne an­swer, but it was denied and so I with drew.

Fiftly, Seing the House of Commons as William Prinn in the 7. page of his booke saith, made an order in these words.

Upon comming before whom, I was pressed to answer to interrogatories concer­cerning my selfe, for refusing to answer to which, and although I owned not that printed letter that they called mine, and although I see none that came in against me to prove it mine, yet contrary to the order of the House of Commons (as I conceive) I was committed to Newgate by Iustice Whitakar and the rest of that Committee, now the question is whether or no, I have not just caus to cōplain of injustice, breach of MAGNA CHARTA, and the Petition of Right? but for fuller satisfaction, I shall give as neere an account as I can, what passed betwixt the Committee and my selfe, Iustice Whitakar being that day in the chaire, who at my comming in shewed me a printed booke, with Iohn Lilburnes name in the front and reare of it saying. Mr Lilburne I am commanded by the House of Commons to demand of you this question, whether you know this Pamphlet or no, unto which I said, Sir I shall desire to speak a few words unto you, well saith he answer to the question, Sir said I [Page 16] I, I hope you will permit me to speake mine own words, if you will not I shall be silent, take your libertie saith he, well Sir said I thus, J have now been a prisoner three weeke, by Vote of the whole House of Commons, without any crime decla­red or cause expressed. And the last time that I was before this honorable Commit­tee which was upon the 24. of July last, I made it my earnest desire unto you, that you would be pleased to declare unto me, the ground and cause wherefore I am imprisonned, which you then refused, and denyed me, I am now before you the second time, and doe still continue the same humble suite unto you, which is, that you will be pleased to tell me wherefore J am imprisonned, being resolved, that unlesse you will declare unto me, the cause wherefore I am imprisonned, I will not answer to any question or interogatory that you shall aske me.

Whereupon he wrote, and when he had done, he read it to me, upon which I told him, that he had not written halfe my words, and unlesse that he would write them all and that in the same manner that I did speake them, I would not owne one word of that which he had written, well then, Sir (saith he) dictate your owne words, and Ile write them, which I did, and then he read them, and said doth this reach your mind? I told him yes, and if he pleased to give me a copy of them, I would set my hand to that which he had written, but without I had a copy I would not.

Unto which he replyed that the Committee would take that into consideration, but Sir saith he, I hope you will owne your own words. Well Sir said I, it is very well knowne, I, doe not use to flinch from what I say, so I was commanded to with­draw, and being without in the outward court of wards a pretty while, I was called in againe, and Mr. Whittaker asked me if I were an Officer in the Army, I told him no I had don with that, having had enough of that businesse already. Well then Mr. Lilburn (saith he,) I have acquanited the Committee here with your answer you made even now, and they looke upon it as the greatest affront and contempt that can be given to the Authority of the house of Commons, that when the house it selfe shall order, that you shall be examined upon a businesse, & you shal contempt­nously say, you will answer to no interrogatories, therefore they have thought it good to remove you from your present lodging to Newgate.

Well Sir said I, I humbly thanke you, I am very well content, being as ready to goe as you are to command me, and so I withdrew, and being come out, I told my Land lord Knight (in whose custody I was) what they had done, and therefore de­sired him to goe in and looke for his discharge, so by and by out comes the Serjant at Armes himselfe and tells me, he had a Warrant that I must goe to Newgate, well Sir said I, I desire to see it, Sir said he, it is not directed to you, but to the Keeper of Newgate, will Sir said, I know the Committee hath more wisedome in them then to direct a Warrant to me to carry my selfe a Prisoner to Newgate, but Sir I am an Englishman, and Englishmen have some priveledges to stand for if they were not fooles, and I am committed me to your custody by vote of the House of Commons, and you have committed me to your man Knight, and before I stir out of his custody to goe to Newgate, I will see a warrant,

For I doe assure you Sir, seeing J am so oppressedly dealt withall as I am, I will not abate you, nor the greatest man in England the breadth of one haire, of what I know to be my previledge, well Sir saith hee, I have a warrant, I will not believe [Page 17] you unlesse you shew it me, and I doe protest unto you unlesse I see and reade it, I I will not step one foot, except you carrie me by force, but shew it me and I will obey you, Sir saith he, I hope you will not be so obstinate, Sir said I few words betwixt you and me are best, for I can be ar surly as you can be for your heart, so at last he shewed it me, whereof a true copy thus followeth.

And having read his Warrant I said well, now Sir I will obey you, and goe imme­diatly.

And in the 8. page he recites two severall orders made in the House of Commons as followeth.

And then at the conclusion of that page he affirmes sollemnly, that that which he hath related is the truth, and the whole truth, and nothing but the truth of his case, and of the Parliaments, and Committees proceedings against him, every tittle whereof will be justified, and made good by a cloud of witnesses, being persons of honour, quallity, piety, fidillitie, by the Parliaments and Committees Iournalls, Lilburnes owne pamphlet and himselfe (if he be not past all shame and grace) dares not gaine say it in any particular.

Unto which I answer, that if either Prinn had any grace or shame in him, hee would not dare to affirme so many palpable untruths, with one breath so confident­ly and truly (in my apprehension) the Kingdome is in a very ill condition, (in re­ference to their accounts) to have such a man to be a cheife man in the grand Com­mittee of Accounts, that takes so much delight, and is so habituated to let his tounge and pen run at random, in averring knowne untruths so constantly as he doth, haveing (as I have before truly declared) averred against me, 12. or 14. falshoots, in lesse then 8. lines in one of his bookes, and divers in this, betwixt the beginning and [Page 18] this present 8. pag. as particularly in saying I was only summoned, when the Warrants declares I was taken into custody, which I aver to be imprisonment; and in his 6. page, declaring a third time: that I was ordered to be sent for into custody by the said Committee, whereupon the Messenger tooke and detained him in his house but for one nights space, where he used him very courteously, which is a tribell false­hood, for there was never such an attachment of me a third time as he speakes of, neither secondly, did he ever detaine or carrie me to his house, neither doe I know where it is; and therefore thirdly, he could not use me courteously at the place where I never came; 20. more instances not only of mistakes, but possitive affir­med falshoods, J could give, preceeding his solemne attestation, that he hath rela­ted the truth, the whole truth, and nothing but the truth of my case, page 8,

And as for all that bitter, false, malitious, and railing language that is contai­ned in his three quaeries expressed in his 9. page, in which he endeavours to render me worse and more odious, then the arrentestrogue, villaine, [...]ray [...]or, or enemie, the Parliament hath in England: I shall returne no other reply then this, that hee hath mistaken, and mistated my case, yea, and made false relations in many particu­lars of my case, and therefore I say, his three quaeries are built upon a false ground and so are absolutely 3. Nonsequeturs.

He affirmes in the 10. page, it is most certaine, I was not so much as once impri­sonned by any authority from the house, therfore (saith he) let him shame the Divell and tell his deluded confederates, when, where, and by what authority he was three times imprisonned?

For your affirmation, I leave the world to judge, whether it be false or no, espe­cially seeing I have before named every particular day, recited the warrants, & the per­sons, by whome I wa attaiched and imprisonned.

In the second place he saith, whereas he avers he was thrice imprisonned before ever he knew his accuser or accusation: he writes expresly in the very next words, page 1, 2, 3. &c that I (namely William Prinn) was his accuser.

I answer, I do now aver it, that I was thrice imprisonned before ever I knew my accu­ser or accusation; & I further say that for 2 of the times, I do not legally & groun­dedly know the cause of my imprisonment, nor who was my accuser, nor what was my accusation, neither was legally proceeded against, with any crime at all laid unto my charge, though by vertue of the last of the three commitments, I lay about a quarter of a yeare, and doe not to this present houre know justly, the ground wherefore J was committed.

And whereas you are pleased to cite some words in the 1, 2, 3, pages of that E­pistle which you call mine, truly I have read all those three pages, and can find no such thing as you speake of: Jt is true in the 12. and 13. pages, there is something [...]inted, that after I was imprisonned it did appeare once publiquely, that you were my accuser, and for the second, it was privately reported that you were the infor­mer against me, but for the last time of those two, I never had any accusation face to face by any man in the world, though privately I was told you had informed then, as well before as against me.

In his 11. page, he saith that I complaine I was imprisonned before ever I was suffered to speake one word for my selfe; this saith hee is a more audations lye, then all the rest, for answer to which, I say that I was both the times a prisonner before [Page 19] I came to the Committee, or ever spoke one word for my selfe, and as a prisonner war brought to them; and the third time I was committed by the house, and never did in all my life make any defence against a crime at their barre, nay this I further aver, that for the two last commitments, I was never informed of the cause of them, by those that committed me; and do further professe, that I remain yet to this houre ignorant of the cause of them: but what I have by uncertaine conjecture; therefore I hope J may without offence, retort his owne words backe upon himselfe, which he unjustly saith to me. O the falsenesse and boldnesse of this marchlesse lyar, whose whole booke (in a manner) is nothing, but a bundle of deliberated untruths, and most malitious invectives, abuser, and slanders.

Then in his 12. page, he to my understanding puts the case, that admit, I had been 3. times imprisonned before ever I knew my accuser, accusation, or ever was heard to speake one word for my selfe, yet saith he, there is no such cause for such an out cry as he makes against the Parliaments proceedings, as Arbitrary and unjust: But truly in my apprehension, to use some of his owne phrases, if ever hee had injoyed the honour of being mine, or any other (understanding) Lawyers or Iustices Clarke, he would not have so confidently averred that for law, which hath not (if I understand the Petition of Right) the least couller of law in it; read I pray what he saith in the 20. 21. pages of that booke, for the confutation of himselfe, where to me with one and the same breath, he contradicts what he avers in the 12. page, as though he had forgotten, what but a little before he had said: but the old proverb is, Lyars had need of good memories, especially before good examinators: for in his 20 page he takes upon him, to declare the grounds and reasons that put the Parliament upon the thoughts of making the Petition of Right, which was the imprisonment of divers free mens persons, without shewing cause, the debait of which in the Commons House, Aprill 3. the 4, Car: Regis begot these 3. insuing Votes.

1. Resolved upon the question, that no free man ought to be detained, kept in prison, or otherwise restrained by the command of the King, or the Privie Counsell, or any other, unlesse some cause of the Commitment, Detainer, or Restraint be ex­pressed, for which by law he ought to be committed, detained, or restrained.

2. That the Writ of Habeas Corpus may be delayed, but ought to be granted to every man that is committed or detained in prison, or otherwise restrained, though it be by the command of the King, the Privie Counsell, or any other, he praying the same.

3. That if any free man be committed or detained in prison, or otherwise restrai­ned by the command of the King, and privie Counsell or any other, no cause of such commitment, detainer, or restraint being expressed for which by law he ought to be committed, detained or restrained, and the same to be returned upon a Habeas Corpus granted for the said party, then he ought to be delivered or bailed.

These Votes and the Lords concurrence with them (saith he) begat the petition of Right after many dayes debaite, which thus states the subjects grievance in this particular, first it recites Magna Charta, c. 29. and 28. of Edward 3. that no free man should be taken or imprisonned, without being brought to answer by due processe of Iaw: and then Proceeds thus.

Neverthelesse, against the tenor of the said Statutes, and other the good lawes [Page 20] and Statutes of your Realme to that end provided: divers of your Subjects have of late been imprisonned without any cause shewen, and when for their deliverance they were brought before your justices by your Majesties Rites of Habeas Corpus: there to undergoe and receive as the Court should order, and their Keepers com­manded to certifie the causes of their detainer: no cause was certified but that they were detained by your Majesties speciall command, signified by the Lords of your Privie Counsell, and yet were returned backe to severall prisons, without being charged with any thing, to which they might make answer according to the Law where upon they pray in this petition, that no free man in any such manner as be­fore mentioned, be imprisonned or detained: to which the King subscribed this answer, let right be done as is desired,

And then he demands a question, what is this to Lilburns case? to which I an­swer, it is expresly to my case, as I have before iustlie declared, and dare reason out the case with him in point of law (though I was never at any Universitie or Innes of Court to study it) before any understanding Common Wealths men in England, though he say and affirme, that I was not committed to Prison by the Committee without any cause expressed, which is the most notorious untruth in the world.

For first by the order made the 14, May 1645 it cleerly appeares, that the Mes­senger was commanded to apprehend me, and bring me in safe custody, which he did accordingly, and if I understand what imprisonment is I being thus taken into safe custody, in the eye and meaning of the law is imprisonment: and I am sure J was faine to presse for my libertie to the Committee, before I could be deli­vered from my bonds.

Secondly, If you please to cast your eye upon the fore mentioned Warrant made the 18. June 1645. you shall cleerely see it commands the Messenger to apprehend me, and bring me in safe custody, which he accordingly did, and though I confesse, he used me civilly like a man, yet I very well remember that he stood so upon his pantibl'os, that though he would not by force (as Serjent Hunt afterward did) en­deavour to take away my sword from me, yet he intreated me to lay it aside, and to appeare before the Committee like a Prisonner without my Sword, and the reason he gave me was, least I be chidden (saith he) if you do it not, yea, and J further aver it, that though I waited upon them according to their command, and the Messengers that attached me, I had much adoe to be discharged from the Messengers custody up­on my owne ingagement, that as I was a Souldier and a Gentleman, I would ap­peare before them, when they should command me, which was at such an houre upon the next Monday after noon (as I remember) but in regard that the House sate that afternoon about the Kings Letters taken at Naesby, by meanes of which the Committee sate not, I having extraordinary businesse with Lieutenant Gene­rall Cromwell about my owne particular, who then I heard was in Warwickshire, I used Coll. Walton, and Mr. Holland as instruments to get me leave for a few dayes of Mr. Corbe [...], upon my owne ingagement to goe downe to the Army, and by their meanes and my owne earnest intreaty, I did get leave, and whether this was not a reall imprisonment or no, in the eye and intent of the law, I desire every man that hath any insight therein to be judge betwixt us: and yet I never was heard speake for my selfe before the Messenger tooke me into safe custody, neither was there in his warrant any cause of my restraint expressed.

Jn the third place. I desire you to read the Vote of the House of Commons be­fore mentioned, and daited the 19. of Juiy 1645. which expresly commands me to be taken into safe custody, and so kept tell the House take further order, and the Serjent at Armes himselfe in as violent and base a way laid hands of me, that might be, and apprehended me; J am confident as ever he did the grandest offender that ever the Parliament committed to his custody, and that night committed me a pri­sonner to his man Knight, who kept me as a prisonner in his owne house, till the 24. of Iuly after, at which time then by a new order (which seemes to me to bee something in the nature of a Habeas Corpus) commanded me to the bar of the Committee of Examinations, who refused to declare to me the cause of my impri­sonment though I humblie and earnestly desired but remanded me without any legall tryall backe to the prison from whence J came, and there I remained a pri­sonner, till by a new order or Habeas Corpus I was upon the 9. of August com­manded againe to the Committee of Examinations bar, which Committee then againe refused to declare unto me the cause of my imprisonment, though I earnestly desired it, and would have examined me upon interrogatories against my selfe, for refusing to answer to which, they remanded me againe to prison: only removed me from the Messengers house to New-gate, where J remained in the na­ture of a close prisonner, till the 14. of October, only this I confesse there is in the Warrant which turned me over thither a cause expressed, whetefore I was sent the­ther, which was, because refused to answer to such questions as was propound [...]d unto me by the Committee, which warrant and commitment (though made by a Committee of the House of Commons) is as illegall as all the rest, and (in my apprehension) against the very tenor and the true intent and meaning of the Petiti­on of Right, and expresly against the words of the Statute of the 42. of Edward 3. 3. which saith, It is inacted that no man be put to answer, without presentment be­fore Iustices, or matters of Record, or by due processe and writ originally, accor­ding to the old law of the land, which Statute is ratified and confirmed by this pre­sent Parliament in the act that abollisheth the Star-chamber.

I now returne backe to his 12 page, where he accuseth me of lying and falshood for saying that during my imprisonment at Oxford, I was ruinated in my estate, to the value of 6. or 7. hundred pounds, which I left behind me at London; which can cleerly make appeare.

To which J answer, I doe affirme such a thing in two printed papers namely my printed petition to the House of Commons, and my printed reasons aga [...]nst him­selfe, and that this affirmation is true and not a lye. I prove and make appeare thus, my Brew-house with the utensells, and other necessaries belonging to it, cost me about 300 l. as good gold and silver as ever William Prinn was owner of, and when I first went out in the Parliaments service, as a Captaine in my Lord Brookes his Regiment, I let it and the use of the utensills, to one Binmon, a Brewer for 55. l. per annum, with covenants that saving the reasonable allowance of the ware of the utensells, he should deliver it backe to me or my assignes as good as he found it, but during the time of my imprisonment at Oxford, he let the house run to decay, and gave over brewing in it, and run away I doe not know whether, (nor never could see him since) with almost a whole yeares rent, and when I came from Ox­ord I found my house cut of use, and in one place much decayed, part of the roofe [Page 22] being falne in, so that the raine both there and in severall other places had done the vessells much hurt, so that I was forced and necessitated, to sell the Lease of the house, and all things belonging to it for 120. l. to Mr. Wright the Armorer in Bishops gate street, and also gave him dayes of payment for it, besides when I went awa [...], I left behind me the greatest part of 1000. l. in debts, that were made in that brew-house, some hundreds of which, he that I betrusted with my businesse received for me, and had received a great deale more, had not my debtors taken ad­vantage of my ataignment at Oxford, which made some of them tell him to his face [...] that the King had caused me to be arraigned at Oxford for a Traytor, and they would pay no traytors debts, in so much that when he pressed them, some of them, were ready to fall upon him and beate out his braines, as he told me.

Besides, the most of those that J traded with, depended upon the traid of New Castle, which in my imprisonment was lost, and (in a manner) totally decayed, which was the ruine, and the breaking of them; so that when J came home, I found about 4. or 500. l. of my debts become altogether desperate, which debts, I am able yet by my bookes of accounts, and servants legally to prove. Yet shall I be willing to sell them to William Prinn for 10. Groats in the pound, and thanke him too, now hee being one of the great accountants of the Kingdome, if he please to joine all these together, he may easily find, they make up the sum I speake of: and if he please to get the Lords and Commons to repaire this my losse, (as by their Declarations published to the Kingdome, at the begin­ning of these Warres they promised they would) I doe hereby bind my selfe, that if I cannot by just and lawfull proofe, make good what in my printed petition con­cerning this particular I have said, I will quite scores with them, both in this my arreares, and all other things whatsoever, that I have any legall and just ground to challenge and expect from them: and I thinke all men that reads this, will say I offer faire, and will not in the least beleive any of his false, untrue, and malitious affir­m [...]tions that there he impudently layes downe.

I come now to his 15. page, where he takes occasion to speake of the Lord of Manchester and Ti [...]kbill Castle, and seeing he hath so done, I shall as truly as my memory will inable me, declare the truth of that businesse, which as I gave it in under my hand by way of testimony to Mr. Lile Chaire-man for the Committee last winter that examined the accusation of Lieu. Gen. Cromwell against the Earle of Manchester, which was to this effect, the day before the Lord Manchester quar­tered at Donkester, at our randevouz of the other side of the towne next Yorke, I received orders from Lieu. Gen. Cromwell, (from whom constantly J did receive my orders) to goe & quarter with 4. of my Troops of Dragoones in Tickbill town, and to doe the best we could, with our owne securitie, to keepe the enemie in, that they should not salley out, to doe any mischiefe, in any of the quarters of the Army: and accordingly J marched with foure of my troops, and at the next towne to it, we got the best guides we could, to informe us how the Castle and towne lay, and when we came to the townes end, I ordered Captaine Beamont, with a party on horse backe, to care are into the towne, and get betwixt their draw bridge and the towne; to stop those that were in the towne, from getting into the Castle and sent to second him a party of Musqueteers a foor, commanded by my Lieute­nant: and afterwards followed them with all the rest; by meanes of which wee [Page 23] tooke divers horses and prisonners, and that night we all past upon the guard, and the next day being informed, that the mill dame, and the mote, might easily be drawed, if we could possesse our selves of the Mill which stood closse by their mote as soone as it grew darke, my selfe led downe a gaurd of Musqueteers, and possessed the mill, and fell to worke, to let out the mill dam, which was accordingly done, which when I had set in a good forwardnesse, I left Captain Beamones Lieutenant to command that guard, who I knew to be a carefull man, and walked the rounds to visit all the other guards my selfe, and being the next morning informed by some of the Souldiers that the enemies Centinells, called over the wall to mine, and wished they would speake to their commander to fall on, and they professed, they would not shoot a bullet against them, for their Commanders used th [...]m basly, and kept their pay from them: upon which information, I inquired of my Landlord who I understood used to goe into the Castle,) what store of powde [...], he conceived they had in the Castle? & he told me, he did beleive 4, barrells was the most they had, and withall told me, he was confident, they would upon easie tearmes surrender the Castle, for the gentlemen within (said he) were no Souldiers, nor no great fighters but were altogether given to their pleasures, and about 12, a clocke that day or the next, Coll. Keeys, and a Captaine of the Lord Fairefaxes, came and desired me, to grant them libertie, to call to some of the Gentlemen over the wall, which I granted: and they accordingly did, upon which by consent, we on both sides cea­sed shooting, and they talked very freely each to other, upon which the Gentle­men in the Castle, desired me to come into them; and be merrie with them, an houre or two, and they would ingage their honours, I should safely and peaceably come out at my desire, unto which I answered, I durst not, having no such Com­mission from my generall so to doe, then they intreated me to give them leave to come out to me, to be merrie at the Ale-house a little, and they would take my owne ingagement for their safe returne, upon which discourse I presently conceived these Gentlemen had no mind to fight, but were rather desirous, upon reasonable tearmes to be rid of the castle.

The thoughts of which made me to returne them this answer, that at present, I could not satisfie their desire, but I promised them, I would indeavour to doe it with all the speed I could, and therefore desired they would command their men to their guards, as I intended presently to command mine, which I did, and with all speed I could, got me horse, and red away to Donkester, as fast as I could ride to acquaint my Generall with it, who at my comming thei [...]her, was walking out at the townes end next London, with whom I found Lieuten. Generall Cromwell, and the most of his cheife Commanders, and after I had acquainted him particularly with the aforesaid things, I told his Lordship that I conceived, if he would sum­mon the Castle, it was his his owne, which he seemed to slight; I further told him, there was here abouts a great many petty garrisons, which did a great deale of mischiefe to the Countrey, and his honour did not know, but the gaining of this, might be the gaining of many of the other, well saith he, it cannot be done: upon which I continued my importunitie, and did beseech his Lordship to summon it, which made him and others by him to laugh at me, and saith he, you thinke it is no­thing but to summon a Castle and take it, if I should summon it, saith he, my Ar­my is ingaged thereby, and (saith he) I am informed it is a scurvie strong place, [Page 24] and probably may foile my Army by meanes of which I should loose the maidenhead of them, who were never foiled since I commanded them, and be sides (saith he) I will not loose ten men for the gayning of it in regard I doe not Iudge it worth such losse.

Unto which I replyed, my Lord, J will make you one proposition, give mee leave to summon it, and if upon a summons, I doe not carrie it, I will give your Lordship leave to hang me; my Lord I doe not desire, a commission under hand and seal, nor an expresse possitive command, for then if I should not succeed, I confesse your honour were ingaged, indeed, but that which I intreat of your honour, is only to permit me, and to winke at me, and if I should not effect that which I doe con­fidently beleive I shall, your Lordship in my apprehension is free, in point of ho­nour, and may wash your hands of it, as none of your act, but may say it was the act of a rash man, who was resolved inconsiderately to hazard his life, for the doe­ing of it, but my Lord, as I said before, if I may be permitted to summon it, I will die for it, if upon a summons I doe not carrie it, unto which he said get thee gone, thou art a mad fellow, which I tooke for a grant, but yet for all that turned me a­bout to one of the ablest and understanding'st Commanders in the Armie, (as I jud­ged him) and asked his advice, what he thought of it, whether or no all circum­stances considered, that had passed betwixt the Earle and my selfe, I might not justifiably, in the eye of a Counsell of warr without any more aloe sum­mon it? and he conceived I might doe it, this I the rather propounded, because it behooved me to goe upon a sure ground, in regard I knew that [...]oth my Lords Chaplines Mr. Ash, and Mr. Good, did sit upon my skirts, for opposing Coll. King, their dearly beloved, and I also knew, that Major Generall Crafford, and his whole faction (which then in that Armie were very great and high) did the same, for my friends of discourse, about that proud unwarrentable, and bloody action of his, in storming Yorke manner as he did, which cost (foolishly) some hundreds of mens lives, for which act I had freely said, he deserved to die, and therefore I was verie confident, if all they put together could doe me a mischeife, being then in that Armie, (for nothing but my justnesse and honestie) as great an eye sore to some of them, as I am to them to this very day, but upon the foresaid grounds I rid with speed, againe to my quarters, and writ them a summons (high enough) for the pre­sent delivering of the Castle, &c. into the hands of my generall for the use of the Parliament, which I sent in by my Drum, and the Governour, very fairely and like a willing man to yeild, the very next morning after I had been with the Earle, sent me out Articles of surrender, and a Leiuten. Coll. and Major (as I remember) with them to see them made good, and never so much as desired of me, any Hosta­ges for them, upon which they and I rid away to Donkester, where I found the Earle on Horse-backe, a going to take the aire, and I comming to him told his honour, had summoned Tickbill Castle, and brought his Lordship Articles of surrender, and two Commanders to see them performed on their part, but without any more adoe, in the presence of the companie (which were many) and the presence, and hearing of the Cavaileers, his Lordship fell a calling of me Rogue, Rascall, and base fellow, and asked me whether he or I was Generall, and told me, the Armie was to much troubled with such busie Rogues as I was, and he would send me farre enough from it, and also told me, I deserved to be hanged, and would not suffer me [Page 25] to speake one word in my owne defence, but turned away from me in a greater fury then ever I see him in, in my dayes; his carriage being a cleere Demonstration to me, that he in a manner scorned to accept of the Castle, because I had taken it. Which carriage, did so vex and perplex my very soule, as I was never more I thinke in my dayes, and so cooled my courage in fighting, that I could never from that day to this present houre, draw my sword, nor ingage my life in the way of a Souldier, with that freenesse, alacrity, and cheerfullnesse, as formerlie I had done: But by the Lieutenant Generalls meanes, I got my Lord to appoint Commissioners to treat with theirs, for ordering all things for the surrender of the Castle, which was ac­cordingly done, with all the Armes, Ammunition, Horses and Provision in it, saving about 10. or 12. Horses that was allowed the chiefe Officers, with saddles, Pistolls, and Port-mantles, and for my part, though I had extraordinarily hazarded my life, in the gaining of it, and had taken a great deale of paines, yet his honour never gave me, the value of one penny for my labour, though he got by taking the Castle, (which he disposed of) above threescore horse as I remember, and though I faithfully, and honestly, saved the things in the House, and delivered them accor­ding to his order July 28: 1644 (to Mr. Goulson Treasurer his man) and sent them to Batry, where they were boated I know not whether, 30. quarters 4. bushels of Wheat, 38. quarters 7. bushells of Rye, 6. quarters 6. bushels of Pease, 162. Cheeses, 9. Flitches and 39. Peices of Bacon: 9. Firkins, 7. Kits, and 19. pots of Butter, 94. peices of beefe, with some bread, and truly considering our paines, wee might have expected, from my Lords owne hands, a Gratitude: but none we had, saving that we made a little money of some Hay, Coales. and other lumbring odd things, which I caused honestly, to be distributed amongst my Regiment, to the Officers according to their qualitie, two daies pay: and to the common Souldiers 2. s. 6. d. a man; and for my particular, Mr. Wever gave me a young gray horse, which was but a small incouragement, seeing I had fought all that summer, and had not received one dayes pay, and had beene shot through my arme, but a little before, at the taking in Sir Francis Wortlys house; and not long before had beene plundered by Col Kings meanes at Newarke, of all that I had there, to the value of about a 100. l. who contrary to the Articles of agreement, commanded me, & in a manner forced me, to march away with his Regiment armed, which caused their horse to fall upon us, and plunder us almost every man, but as for Col. King him­selfe, he fled the danger, and had a care of himselfe: and scaped better then we did, and besides, during all the time we were in Yorke-shire, I and my Regiment of Dragoones, constantly quartered in the Van of the whole Armie; alwayes nigh the Enemies Garrisons, where constantly in a manner, we both fought for both horse meat and mans meat, or else with a great deale of vigilancy, stood upon our guard, also our Souldiers being so poore for want of pay, that many times my selfe and other of my Officers, were severall times forced to lend them money to shoe their horses, and I am confident to this day, have falne short of the payment of it againe, and yet I dare say, I kept the Regiment in as good order, as ever it was from the day it was raised, and passed as readily and cheerfully upon their duty: And I dare be bold to aver it, I and they passed upon as hard and difficult services, and were in as many ingagements, hazards and perills, for that time, the last summer, as ever any Regiment of Dragoones in England, raised by this Parliament, of the like number was.

And for all William Prinns abusing of me, I for my part, bid defiance to him, and all the men in England, justly to brand me with cowardlinesse, in all the in­gagements that in these wars J have had, or with unfaithfullnesse, or of base co­veteousnesse, in deceiving either the State, my Officers or Souldiers, either in point of one false Muster, or unjustly detaining 6 d. of any of their pay from them, or that ever in all the matches and quarters that I have been in since the wars began, that ever I was privie too, or ever did my selfe; or caused to be plundered, or by any unjust violence, caused to be taken away for my use or profit, directly or indi­rectly, the value of 12. d. in any kind of goods whatsoever, for I blesse God, I can say with Paul, that I have not unjustly taken or coveted, any mans goods, Gold or Silver.

But one word more of my Lord and Tickbill Castle, I was told in the Armie, his Lordship afterward, did verie much threaten me about that businesse, and also by a man of eminency, I was since told, that when his Lordship came to London, at a meeting at the Beare at bridgefoot, before two Lords, and five eminent men of the House of Commons, his honour spoke both very great, high, and disgracefull words of me, about that very businesse, and therefore for the full satisfaction of all the World, J doe here declare, I am ready, willing, and desirous, to bide the publique test, and tryall of any just and legall judicature in England, either with the Earle of Manchester, William Prinn, or any other man in the whole Kingdome.

In the foresaid page, William Prinn boasts, that having (as he saith) thus char­ged through, and routed his maine Squadron of lyes and scandals against the Parliaments and Committees proceedings, I shall in the third place, a little exa­mine and refute, his mistaken law, his misinterpretation of Magna Charta, and the Petition of Right, which had verie ill fortune, to fall into the hands of such a lawlesse Ignoramous.

I answer (and say) alasse poore Prinn, who would faine be accounted a skilfull and couragious Commander, and hath not yet attained to the skill or courage, of the meanest common Souldier, for in stead of routing my maine Squadron, hee doth not so much as gallantly, and like a man of pure mettle, incounter with my Scouts or Forlorne hope, much lesse either like a man of valour, charge and rout my maine Squadron, for in stead of fighting with me and my case, he fights with his owne shadow, and with a fiction of his owne braine, in mistating my case, falsifying the truth, my Actions and Sayings, and so wilfully misap­plying his wresled law, so that I aver and affirme it, he hath not so much as given my maine squadron (as he calls it) one faire charge; either with sword or pistoll, but like a faint hearted and unskilfull Souldier hath only peeped in my face, and frisked by my right Flanke, and then by the left, and by a swift running horse, hath got a little into my reare, thinking thereby to nibble at my heele like the old Serpent spoken of in Geneses 3. but alasse it will not doe, and therefore I retort backe his owne words upon himselfe and say, he had need (more then a little) to examine and refute his owne mistaken law, his misinterpretation of Magna Char­ta, and the Petition of Right, which had very ill fortune, to fall into the hands of such a lawlesse Ignoramous; therefore this I say to him, I both dare and am able, (for all his vapours which I esteeme no more then God did Adams fig leaves, with which he would have covered his nakednesse) to meet him, and a whole Squadron of such heady and light men, face to face, upon equall tearms, upon any [Page 27] ground in England, to justifie and maintaine my present cause against him, whe­ther it be Religion, or the publique liberty of the free people of England, the e­quall tearmes I desire, is no more but this, that I may have as free libertie to speake, write and print as himselfe, and I will set my hand to what ever I doe, and seale it with my blood.

I come now to his 22. and 23. page, where he goes about to justifie, that my commitment upon the 19. July 1645. was legall, although I never was heard to speake my selfe, and although, I neither knew my accuser, nor accu­sation, and although, there was no cause expressed in the warrant of my commit­ment, surely William Prinn writes so fast in his 22. and 23. pages, and without consideration what he said before in his 20. and 21. page, that without doubt hee either thinkes or dreames, that it will never be read over by any man that hath braines in his head, or honestie in his heart, to declare his contradictions, and his confuting of himselfe, by that he writes before, of that which fol­loweth after, but his reason wherefore it is legall, is because that as (he saith,) I had that day publikly reported to Jndependant Hawkins, & others at Westminster, divers groundlesse, scandalous, and malitious reports, amounting to no lesse then high Treason, concerning Mr. Speaker and other Members of the House of Commons, in a libellous, illegall, scandalous, seditious way, of purpose to defame and stirre up the people against them and the whole House of Commons, whose destruction by force and violence, he of his confederates had then beene plotting, and since pursued in sundry private meetings.

To which I answer that his whole accusation, as he hath laid it downe, is a most malitious falshood and untruth.

For first, he saith, I had publiquely reported, to Independant Hawkins, &c. J desire to know the men that heard me when I so did; for surely to this very day, I could never see any man that would in the least aver any such thing to my face, as he speakes of.

Besides (secondly) if J had by way of relation, spoken either to Mr. Hawkins, or any man else, any such thing, I could easily and groundedly, procure my Au­thors, namely, Mr. Pritty, Mr. Rawson, and Mr. Worly, who had that day, at the least 8. or 10. houres, before I was committed, given in information, to a Committee consisting of foure Members of the House of Commons, under their hands, of some such thing as he speakes of, in whose information, I neither had hand, nor finger, and I professe (before the searcher of all mens hearts) I neither knew what they were about, nor what they intended, till a Marchant of London told me, they were gone into the Committe, about some such businesse, and therefore it could not in the least be any designe betwixt them and me, to whose intentions I was not in the least privie, therefore I would faine have Prinn satis­factorily answer me this question, what was the reason that the three Citizens forenamed, that gave the information in under their hands, should goe scot free, and I that was not privie to their designe, nor never acted publiquely in it, should be clapt by the heeles.

Againe, if Prinn be privie to a designe (acted and contrived by me, and my confederates) by force to destroy the House of Commons, as to my understanding he cleerly avers, I say it, and will maintaine it to his face, he is a Traytor, that he [Page 28] doth not make it legally appeare, and that he and the world may know, that I crave neither mercy nor favour at his hands; I bid defiance to him, and all the men in the world, in that particular, and as for all that abusive language that hee gives me, in that and the next page, I tell him in his owne words (that if he had beene a grand Ig [...]noamous, he would never have said, what there he saith, nor aver such mistaken law as there he doth, therefore againe in his owne words (altering but a few) J say unto him, that if poore William had but law enough, to quallifie him, to be the meanest Iustice of peace, his Clarke, or some Recorders, or Clarke of the Assizes, his Clarkes clarke, he might have known, that by the law of the land, no man ought to be committed to prison, upon a bare suggestion of wicked and malicious men, or by their report, taken from the second or third hand, not to bee sent to prison, with a warrant expressing no cause of his restraint.

Againe, whereas in the same page he would compare my case to a Traytors, I say, there is as great a disproportion betwixt them two cases, as there is betwixt William Prinn, and an honest man, in my judgement and I seriously professe, I judge it to be as great, as possible may be, and therefore, for my part, let all the Iud­ges in the world whatsoever they be, examine me upon interrogatories concerning my selfe in a criminall cause, I judge it to be against the Law of God, the law of nature (which will have no man to betray himselfe) the law of the Heathen Ro­mans, and the knowne law of this land, recorded in the 28. and 29. chapters of Magna Charta, & the petition of Right, & therefore by the strength of God, for all William Prinns false and unjust law, I am resolved to dye all the deaths in the world, rather then to betray my just and native libertie in this particular. I come now to his 26. and 27. page, wherein he brings me as a man safely arrived in New-gate, and before I insist upon his grand charge against me, I shall crave leave to give you a narrative of my affaires, after I came thether, which thus followeth.

Immediatly after I came to New-gate, divers of my friends and well wishers to the publique, went about the framing of a petition, (without my desire,) to the House of Commons, on my behalfe, which I doe beleeve not a little vexed Prinn, Bastwicke, Col. King, and others of my adversaries, (which as I have just cause to conceive,) made them with the assistance of their base and rascally agents, Willi­ams, and Hore, &c. goe about to make an uproare in the Citie, by framing, posting, and dispersing scandalous paper libells, concerning my selfe, thereby to make me odious, and destroy me, seeing they knew not handsomely how to come off, their unworthy dealing with me, about my imprisonment, which originally rise from their mallice, but having notice of these libellous papers, I presently writ a letter subscribed.

And then within a few dayes after this, (namely the 26. of August 1645.) was presented the forementioned petition, which was subscribed with about two or three thousand hands, divers of them Citizens of good qualitie in London, the Copie of which thus followeth.

Upon the knowledge of which petition, the house proceeded as followeth.

Which 100. l. I received, and with more money added to it, spent in my impri­sonment in charges, managing and following of my businesse &c.

Vpon the receit of these orders, J expected to have been called forth the next ses­sions after, desiring nothing in the world with more eagernesse then I did to come to a publique tryall, but during that sessions it was all in vaine, which made me wait with as much patience as I could, till the next Sessions.

And upon Tuesday or Wednesday the 8. or 9. of Octob. 1645. the sessions be­gan at Newgate, and in the forenoon being somthing troubled that I should lie in prison, and hear nothing from any man in the world as my prosecutor, I intreated a Gentleman that was with me to step a little way to a friend of mine, being a Counsellor, and desire him to come and speak with me, which he did, and having communicated my mind to him, which was, that seeing I was by order of Parlia­ment turned over to a tryall at the sessions of Newgate, and could heare nothing from the Iudges thereof, either the last sessions, or this present I had an earnest de­sire [Page 31] to speak with the Lord Major, and the rest of the Iudges there, and intreated him that for his fee he would go to the bar, and make a motion for me, which he refused, giving me some reasons, wherefore he iudged it better and fitter for some honest private friend to go downe and do it for me, whereupon there being with me a young Gentleman, a Marchant of London, I intreated him to oblige me so far to him, as to go to the Court, and to observe his convenient opportunity to speake to the Court for me, which he did, and as himself told me, expressed himself in this manner.

My Lord, I am come from Lieu. Col. Lilburne, now prisoner in Newgate, who presents his humble service to your Lordship, and the rest of the Judges of this honourable bench, and by me makes it his humble suit unto you, that you would vouchsafe to honour him so much, as to send for him, that he may come and speake with this honourable bench, which was presently granted, and officers immediatly sent up for me, and at my coming before them, I came close to the barre, and gave them that respect which I conceived was their due, whereupon the Recorder as the mouth of the Court, demanded of me what I had to say to them?

Vpon which I addressed my selfe to my Lord Major (for he being present, I con­ceived him to be the chiefe in the Court) and said with as audible a voice as I could, my Lord, I am a freeman of England, and I hope all my actions, are cleare demonstrations unto all that know mee, that I act by principles ten­ding to the preservation of my just freedome, I have now been almost 12. weeks a prisoner: is it so long saith the Recorder? yes Sir said I, it wants but 3. dayes of 12. weeks compleat, and my Lord, I was committed without any crime expressed: and by all the friends I have in England, I cannot (from the day of my commit­ment, to this present houre) learn groundedly the true cause of my imprisonment.

And my Lord in August last, divers well affected Citizens and Free-men of Lon­don (being friends of mine) presented the honourable house of Commons with a petition on my behalfe, and by way of answer, they were pleased to make this order in my hand, which is subscribed with the hand of the Clarke of the house of Commons, which order so much as doth concerne this honourable bench, I hum­bly crave leave to read unto you, which was granted, the very words of which Order thus followeth:

That Mr. Walker, and Mr Steele be desired from this House to manage the pro­ceedings by inditement, or otherwise, to be had against Lieut. Col. Lilburne, now prisoner in Newgate, at the next generall Sessions, to be held for the City of Lon­don, and that Master Bredshaw formerly desired to attend on the service be dis­charged of it.

Here your Lordship may cleerly see, that I am referred to this bench for a legall tryall, and the time when it ought to have been (by this order) was the last sessions, every day of which, I was ready and expected to have been called out: but your Lordship, and all other being silent, in not (according to the order) calling me out, is a clear demonstration (to my understanding) that neither your Lordship, this bench, nor any other person in England, have any crime to accuse me off, or to lay to my charge, I expected likewise at the beginning of this Sessions to have heard from your honour, but contrary to my expectation, hearing nothing from you, I was full of longing desires, that you might hear somthing from me.

And now being by your Lordships owne favour and grant come before you at this barre, I make it my earnest and humble suite unto your Lordship, that if either your Lordship, or any man else have any thing by way of crime to lay unto my charge, that proclamation (according to the custome of this bench) may be made, that my accusers may come in, and I doubt not but by Gods assistance, to make a cleare, just, and satisfying defence for my selfe, for I am conscientious of my owne actions, sayings, and doings, and my conscience tels me (I blesse God for it) that my innocency, integrity, and uprightnesse, (in reference to my conformity to the lawes of England) is such, that I need not to be afraid of the face or complaint of any man breathing: onely this favour I humbly crave at your honours hands, that in case upon proclamation a charge be laid against me, that then you will be pleased to give me 2. or 3. houres time (which is the most that I desire) to read and consi­der upon the charge, and to recollect my thoughts: which favour if I may en­ioy from you, I doubt not but to make a full satisfactory and iust defence: where­upon the Court caused inquisition to be made, whether any thing was come into the Court against me or no?

Answer being returned, there was nothing at all, upon which the Recorder, Mr. Glim, was pleased to tell me that there was nothing come into the Court against me, so that he said, Mr. Lilburn, here is nothing to be laid unto your charge.

Upon which I addressed my selfe to the Lord Mayor, and said my Lord, seeing I am by the House of Commons referred to this honourable bench for a legall try­all, and the bench certified me they have nothing to lay to my charge, I being a free man of England, (a Kingdome that professeth to be governed by law, and desiring for my part, no longer to live in the Kingdome, and to enjoy the benefits of the liberties thereof, then by my life and actions I declare a submission and subjection to the lawes thereof established) I therefore according to Law, seeing that you have nothing to lay to my charge, humbly intreat your honour, that I may be released from my illegall and unjust imprisonment, for give me leave to tell your Lordship that the law is in a manner, as tender of a free mans libertie, as of his life, and will not have it easily or upon slight grounds taken from him, or when it is taken to be continued; for my Lord, the law doth not intend that a freeman, (whatsoever his crime be) shall be cast into prison and there destroyed, much lesse that a free man shall be committed to prison and there destroyed, having committed no crime, which is my case: but the Law is so tender in her care of providing for the free men of this Kingdome, that shee doth command, that if any free man be committed for what crime soever, or upon what pretence of a crime soever, that he shall not there lye, to be murthered or destroyed, but that he shall with all convenient speed be brought to a publique, open, just and legall tryall; and if he be found a trans­gressor of the law, to suffer punishment according to the law, and not otherwise, (read the whole petition of Right) or if he have not transgressed the law, that then he shall without delay be delivered, and he punished according to the law, that hath wrongfully molested him, contrary to law, and therefore my Lord, I being a free man of this Kingdome, and arbitrarily kept in prison, and this hono­rable bench telling me, that there is no crime laid to my charge, I humbly desire of you my iust and long expected libertie, upon which the Recorder stood up and said.

Mr. Lilburn, you desire that of us which lyes not in our power to grant you, for you were not committed by us, the which if you had, we ought then in this case to have given you your libertie; but you are committed by a higher power, even by the House of Commons it selfe, which if you please rightly to consider of that order which you have even now read, you may easily perceive that they have but only made a reference to us to try you according to law; and seeing nothing comes in against you, we are to certifie the house thereof, from whom you are to expect your liberty, and I doe assure you, I will make a motion to them that you may: For which I humblie thanked him, but still addressed my selfe to my Lord Mayor, and said, may it please you to take notice that by the order of the House of Com­mons, I am referred to this bench to receive a tryall according to law, and you your selves doe tell me that you have no transgression of the law to lay to my charge, and therefore, I thinke it is just and according to law, that you should give me my libertie; but seeing you tell me you cannot, I have two things to propound unto your Lordship and this bench, and humbly to desire of you, but shall leave you to chuse which of them you please.

First, that seeing I am referred to you for a legall tryall, and you tell me there is nothing laid unto my charge, and yet tell me you cannot give me my liberty, then in the first place I humbly intreat your Lordship, and the rest of the bench, to give it me under your hands, by way of Certificate, that here is nothing come in a­gainst me, that so I may get some of my friends effectually to declare it to the Hous, and move them for my libertie; or if you judge this not convenient, then secondly I make it my humble suite to Mr. Recorder, (being a Member of the Honourable House of Commons,) that he will be pleased not only to promise me to move the House, but effectually, cordially, and speedily to doe it, that so I may without de­lay injoy my long desired and just libertie, and no longer be liable by multitudes of provocations, and my owne pressing and urgent necessities, to steare such a course for my libertie, as will be neither for the honour nor credit of those that commit­ted me hither, although it be as little for my profit, for necessity hath no law: So Mr. Recorder promised me that he would fulfill my desire, and I tooke my leave of them; and as I withdrew, I could perceive divers people (which to me were stran­gers (to be much affected with my condition, and [...]ad the Lord blesse me for I was an honest man, and stood for their liberties.

Within two or three dayes after this, I writ a letter subscribed, For the right honorable, the Lord Mayor of the honourable Citie of London these humbly pre­sent.

And within three dayes after the writing of this letter, I received an order for my discharge, which thus followeth.

So that all the world may cleerly see, that for all William Prinns and his Asso­ciats inveterate mallice, I have had a faire comming of, and an honorable delive­rance from my imprisonment; but before I conclude, I must returne againe to his sencelesse book called the Lyar confounded, which came out the same day, that J was freed from my imprisonment, in the 27. page of which he taketh occasions to speake of printed libells of mine (as he is pleased to call them) and of a letter writ­ten by an utter Barrester to his speciall friend, concerning my imprisonment, and affirmes that they are but malicious, scandalous libells, and fire-brands of sedition, to excite the ignorant vulgar, and Separates of his faction, against the Parliament, and promote some Anabaptists long agitated, and late detected conspiracie: to root out the members of this Parliament by degrees;☞ beginning with Mr. Speaker, whom if they could cut of, all the rest would easily follow: and if this succeeded not, then to suppresse and cut of this Parliament, by force of Armes, and set up a new Parliament of their owne choice and faction,☞ to which conspiracie all Lilburns mutinous papers, &c. were but so many preparitives and incentives to prepare the people to joyne with, and assist them in this damnable traitorly plot.

To which I answer, that William Prinn is so lavish of his tongue, that few re­gards what he saith, And J am very confident that he cannot in the least make any part of this affirmation good, unlesse it be by witnesses, that makes as little con­science what they say as himselfe, I could pay and lash William Prinn about this charge, having already taken a little paines to discover the bottome of it since I got my libertie, and severall times I have beene with the Lord Mayor of London about it, who once had one Williams in his power, that made it his worke to goe up and downe London, reporting, that I was the head of a faction, of 30000 men, who had a bloody designe in hand, but in regard there are more considerable persons con­cerned in it, then W.P. and in regard I take no delight to contest with more then absolute necessitie, I shall reserve the anotamizng of William Prinns deep designe in this groundlesse accusation, to take away my life, for a reserve unto these lines, in which J doubt not but to cudgell him, as soundly as ever he was in his life, and also cleerly make it appeare, that his study and practice is principally to be an in­cendiary against honest, peaceable, and well meaning men; and to blow the coales of division in the state and Kingdome, to the apparant hazard and danger thereof: being in this particular an absolute Jshmaelite, of whom it was said before he was [Page 35] borne, Gen. 16 12. that he should be a wild man, his hand will be against every man, and every mans hand against him, and in my conception one maine visible end of his so doing, is a proud and pecuniary end, that so he might be populer and esteemed some body in that he contests with every bodie (though himselfe knowes not wherefore) the ready way to beget unto himselfe multitudes of clients, thereby to fill his pockets with the unjust fees of contention and strife;

Whereas if William Prinn were truly for the peace and prosperitie of the Com­mon Wealth, (and not absolutely for his owne interest) he would importune the Parliament, to make a few plaine and easie (to be understood) lawes, which might command the speedy ending of all differences betwixt man and man, amongst some competent judges of the same neighbourhood, where the difference doth arise, and in case of difficultie of judgements, to have no other appeale, but either to their owne Countie Assizes, or the next Parliament, where the truly contentious, and unwilling to be at peace, might be soundly paid for their jangling, which way would rid the Kingdome of one of the unprofitable kind of cattle remaining in it, namely William Prinn, and his jangling Associates who at the best are but an use­lesse rabble, appropriating, lying and purse-milking generation.

But as for his bitter charge of high treason against me, I blesse God, J grounded­ly know the innocency and integritie of my heart to be such, that I may and doe with confidence sound a loud Trumpet of defyance to him and all his Associats in England, groundedly to fix upon me, and legally to prove against me, the least appearance or suspition of any such thing, as he publiquely in print, (licenced there­unto by Authority,) declares me guilty of, to the view of the whole Kingdome, namely, that I have conspired with other Separates and Anabaptists to root out the Members of this Parliament by degrees, beginning with Mr. Speaker, whom if we could cut off, (he saith) all the rest would easily follow: And if this succeeded not, then to suppresse and cut of this Parliament by force of Armes, and set up a new Parliament of our owne choice and faction.

Looke to it Prinn I advise you, and put forth all your skill to make your charge good, for this J doe protest, I am resolved by the strength of God, to put you to it, and to have against you both law and justice; if there be any to be had in England: Or else I am resolved to lye in the dust, for so large experience have I had of this maxim, that honesty is the best policie, that it makes me considerly beleeve, upright­nesse begets boldnesse, and that as Solomon saith, he that walketh uprightly, wal­keth surely, and that the righteous are as bold as a Lyon, and therefore W. Prinn knowes not, but I may live to see the time that equitie, justice and truth shall flourish and take place.

Surely having so many potent and bitter enemies as I had when I was in prison, if they or he, had had any just ground for this that he saith, they would have tript up my heeles, and laid me in the kennell without mercy or compassion; but the honourable house of Commons discharging me out of New-gate by vote, as they did, is a cleere demonstration to me, (and I thinke to the whole Kingdome) that they judge me to be an honest man, and free from any such thing as Prinn maliti­ously accuseth me off; and their dealing with me in that particular, makes me con­fidently beleeve, that the most of them intends to doe me justice and right, not only against my former oppressors, but also against my late ones, for taking my liberty (contrary [Page 36] to their own Law) away from me, which Law made, this present Parliament in the act for abolishing the Starchamber saith, that from henceforth no court, Councel, or place of Judicature, shall be erected, ordained, constituted or appointed, within this Realm of England, or dominion of Wales, which shal have, use, or exercise the same, or the like jurisdiction, as is or hath been used, practised or exercised in the said Court of Starchamber: And be it further provided & enacted, that if any Lord Chancelour, or keeper of the great Seal of England,☞ Lord Treasurer, keeper of the Kings Privie Seal, President of the Councell, Bishop, temporall Lord, Privie Counsellor, Judges or Justice whatsoever, shall offend or do any thing contrary to the purport, true intent and meaning of this Law, then he or they shall for such offence, forfeit the sum of 500. l of lawful money of England, unto any party grieved, his executors, or admini­strators, who shall really prosecute for the same, and first obtain judgment, thereupon to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, wherein no Essoine, protection, wager of law, aid, prayer, priviledge, injunction, or order of restraint, shall be in any wise prayed, granted, or allowed, nor any more then one imp [...]rlance. And if any person against whom any such judg­ment or recovery shall be had as aforesaid, shall after such judgement or recovery of­fend again in the same, then he or they for such offence, shall forfeit the sum of a 1000. l. of lawfull money of England, unto any party so grieved, his executors, or administrators, who shall really prosecute for the same, and first obtaine judgement thereupon, to be recorded in any court of Record at Westminster, by action of debt, bill, plaint, or information, in which no Essoigne, protection, wager of law, aid pray­er, priviledge, iniunction, or order of restraint, shall be in any wise prayed, granted, or allowed, not any more then one Imparlence.

And if any person against whom any such second judgement or recovery shall be had as aforesaid, shall after such iudgment or recovery offend again in the same kind, and shall be thereof duly convicted, by inditement, information, or any other lawful way or means, that such person so convicted, shall be from thenceforth disabled, and become by vertue of this act uncapable, Ipso facto, to bear his, and their said office, and offices respectively, and shall be likewise disabled to make any gift, grant, con­veyance, or other disposition or any of his lands, tenements, heriditaments, goods, or chattels, or to take any benefit of any gift, conveyance, or legacy to his own use.

But it may be obiected, what is this to you, who have not to deal with any Courts here named, but with Committees of Parliament, who are branches of a legislative and arbitrary power, and so not tyed to this rule? to which I answer thus, that though I have to deal with those that are not here named, yet (I conceive) they are intended aswell as any exsprest: Again I say, a Committee of the House of Commons, is not the whole Parliament, no not the whole House of Commons it selfe, according to their owne principles, and therefore in my iudgement, they are not to act contrary to a known and received law, and therefore cannot iustly imprison any man contra­ry thereunto, neither by a Committee of theirs, nor by the whole House of Com­mons it self, they being not according to their own principles, the whole Parliament but a part of it, and therefore that which is established by the whole (as a law, is by 3 Estates, and an ordinance by 2. Estates) cannot iustly be contradicted by apart, namly the House of Commons, but one estate, much lesse by one of their Comittees, which is but a branch of that one estate, but much lesse can it iustly be done, by a Comittee that [Page 37] had no power at all given them by any one estate, to do with me as they did: and therefore (for my part) I iudge a law to be a law, untill it be made void by all the 3. estates that made it, or at least by the 2. estates ioyntly, that takes upon them to make ordinances in this time of necessity, to make void a law at present, and besides an or­dinance, I iudge to be an ordinance, and binds those that made it as well as others, till such time as the same power that made it, do abrogate it, or at least, till such time as as great and declared a necessity compell the House of Commons one estate, to act singly by an order, as doth now the 2 estates of Peeres, and Commons, to act [...]nely by an ordinance, and therefore I am absolutely of this mind, that neither a Commit­tee of the House of Commons, not the whole House of Commons [...] [...]ther [...]an iu­stly imprison me, or any other, contrary to a law, against which at present there is not some ordinance made both by them and the Peeres publique [...] to over­throw it. But I have severall times been imprisoned both by Committtee, and by vote of the House of Commons it self, contrary to a knowne law, in [...] this pres [...]nt Parliament by themselves, against which there is at present no ordinance published and declared by them and the Peeres, for the cognisence of: Ergo (I say) they are tyed in Justice according to the tenour of this law, to give me reparations against those persons that were chief instruments, either in Committees, or in the House of Commons it selfe, to vote and take away my liberty from me, contrary to this law, and for my part, I do accordingly expect my reparations, for my late causelesse mole­stations and imprisonments, for as the proverb is, honest men will alwaies be as good as their words, but J (according to charity) iudge the maior part of them to be ho­nest men, and therefore do iustly exspect, that they will make good to me, &c. their owne voluntary ingagements, votes, oathes, protestations, and declarations, in which they have protested before heaven and earth, and called the great God therof to bear witnesse, that their designes, aymes, and intentions, were pure for the preservation of the laws, liberties, and proprieties of the free men of this Kingdom.

And whereas Prinn and other time servers do keep such a stir about the priviled­ges of a Parliament man, as if one single Parliament man had as much and as many priviledges, prerogatiues, and immunitives, as the whole, or as if there were a kind of Deity or infallibity conferred upon every member of the house of Commons, as­soon as he comes within their doors, as though after that time he were no more sub­iect to law, nor could do any more evill (I say) such parasites and flatterers may as iustly be called the Parliaments wicked Councellors, as ever Strafford, Canterbury, Digby, or Cottington, might be called the Kings, and for my part, I iudge such prin­ciples as destructive to the peace and welfare of a common-wealth, as to maintaine that a King hath no other rules to walk by but his own will, and that he is accoun­table to none for his actions, but God onely: and for the priviledges of Parliament, I think I cannot be bound to take notice of any, but what is publiquely declared, but no such priviledge (that I yet ever knew of) is declared, that a Parliament man, or a Committee of Parliament, may do by me or another, as of late I have been dealt with and therefore I conceive, I may iustly say without breach of their priviledges, that I have been uniustly dealt with in my late imprisonment, to be imprisoned so contra­ry to the known and declared laws, I have been without either cause shown, or a le­gall tryall.

And for my part any iudgment is, that no government can be iust or durable, but what is [Page 38] founded and established upon the principles of right reason, common and univer­sall justice, equity and conscience, and sutable to these principles were my actions and carriage towards the Parliament, during my late imprisonment in Newgate, as by the Coppy of this ensuing letter will appear, which thus followeth.

I shall now take a little liberty to declare unto the world my condition from time to time, that so (for all Mr. Prinns reproaches) they may cleerly see, I have driven on no designe, but that which is iust and honest: I shall begin with my im­prisonment by the Bishops, in which (besides the losse of my liberty, and of those grounded hopes that I had of a comfortable living in the Low-Countreys by my [Page 39] industry, and besides all those cruelties that I endured in that captivity) I lost (be­sides all this) the present affection of my Father, and it was upon this ground, he being then in a long tedious and chargeable suite for all his land, which had lasted and continued some scores of yeeres, and cost him some thousands of pounds, and having not long before my imprisonment been heard before the King and his Pri­vie Councell, where my Father (for all the extraordinary potency of his adversaries at Court, who were of the highest rank there) had a fair proceeding, but afterwards I coming into trouble, and contesting with the Bishop of Canterbury, the crafty subtile Fox (when he perceived that I was not of a flexible disposition, but refu­sed to stoop to his will) fell pell-mell upon my Father, (who then was not out of the bryars) and so frighted him (as then by his potencie he could do any man in England) that he looked for nothing but suddain destruction from him: And all this he did to get him to be the instrument to make me bend and submit, but God comming in with strength to enable me to withstand this temptation, it caused no small anger to proceed from my Father towards me, which made me resolve (after I was freed from my imprisonment in the Fleet) to go beyond Sea as a Factor, which I was prest unto by some in London, but the House of Commons making so much use of my imprisonment, and illegall sufferings under the Bishop: and with all went on so legally and iustly in the examination and voting of my busines, that it gave grounded hopes to me that I should be possessor of a speedy & large reparati­on from them, and the rest of my uniust Judges in the Starchamber, which moved me to think of setling of my self in England, that so I might both follow a calling for my livelihood in the world, and also my businesse in the Parliament, and accor­dingly my Vnkle Mr George Lilburne, and my self, fell into propositions of mana­ging of a Brew-house and about 1000. l. he put in into it, and not long after I married, where I blesse God with industry and paines, I in short time raised a compitent trade in a house, that had none in it before, and within a short time af­ter upon agreement betwixt us, he turned it all over to me:

But these wars immediatly coming on, I gave it over (as before is mentioned) the flock according to my books, in debts, utensils, and other things laid out about it, amounting to above 1500. l. and so successefull was the blessing of God upon my endeavors, that I never compounded (for all the losses I had that yeare, I was in Oxford) either with my Unkle or any other creditor I had, but have in a manner) faithfully paid and discharged all my debts, though when I gave over, I was necessi­tated to put of many of my commodities at easie rates, and by reason of hast, lost in one parcell of coales, I am confident above 200. l. that in two months after I had sold them they would have given me.

Well then into the wars I went, where I am confident all the while I was in them, I plaid the part both of an honest, active and stout Commander, and was as ready and willing to adventure my life as any man I marched a long with, at Ken­ton field, was I plunde [...]ed, and at Branford lost I (in a manner) all that I had, and after a long fight there with a handfull of men against the K [...]ngs whole Army, my person after I had severall times scaped the danger of drowning, was taken a priso­ner, and this I dare say of that peece of service, that the Parliament, the Citie, and the whole Kingdome, owes not more to any one particular number of Comman­ders and Souldiers, and for one particular ingagement, then they doe to my selfe [Page 40] and the rest that was in that at Branford, who (under God were not only) the saving of the Traine of Artillery (which then with a slender guard was Hammersmith) but also of the whole Citie, and consequently of the Kingdome, although we were sent thither without Ammunition.

For when we had the Alarum first, we had neither provision, (that I knew of) of March, Powder and Bullet; but were necessitated to ransacke the shops and houses in the town for our present supply, and although I as freely adventured my life there [...] any man whatsoever, and put forth the utmost of my skill, resolution and activitie, yet I had but a little ground for it, having resolved to give over my foot company to my Lieutenant, which was upon this ground, immediatly after Kenton battell, I was from Northampton sent post to London upon speciall businesse, by my Colo­nell, the truly honorable Lord Brooke, and divers of my friends in London, pressed me to give over my foot command, and take the charge of a troop of Horse, in the new Armie, under the Earle of Warwick, unto whom (with a Citizen known to him) I went to desire a Commission for that end, who wished me to bring unto him a Certificate of my fitnesse from any of the Aldermen or Militia men of note in London and it should be done, unto whom I went, and had from divers of them upon my bare desiring of it, this which followeth.

And after I had got this certificate before I went for my Commission to the Earle of Warwicke, I went to my Lord Brooke, (whom I found at Essex house with the Lord Generall) and after I had acquainted him with my intentions, and desired him to settle my foot company upon my Lieutenant, his Lordship replyed, Lilburn the King is at Coolburn, and I doe verily beleeve, we shall speedily have an other fight with him, and therefore I intreat thee doe not leave me, and my Regiment now, for I hope we shall beat him, and the wars will be an end before thou canst get a troop of horse raised, and therefore if thou leavest me now, I shall thinke thou art either turned covetous, and therefore would have a troop of horse for a little more pay, or else thou art turned Coward, and therefore would leave thy foot company, now when we are going to fight, and J doe beleeve, (saith he) shall doe it to morrow; unto which I replyed, my Lord, it is not fit for me to make comparisons with you, but this give me leave to tell your honour, that because you shall know that I am as free from covetousnesse or cowardlinesse at your selfe, J will take my horse (for all it is so late) and post away to Branford to your Regi­ment, [Page 41] and fight as resolutely tomorrow, as your Lordship shall, although I have already surrendred up my company to my Lieutenant, and promised him to solicite your Lordship to confirme him in it, so away I went, and (I thinke) it was about 9. a clocke at night before I got thither, and this I am sure off, that in the morning when we had the Alarum, all the horse left us, which were about 10 or 12. troops, and Lieu. Col. Quearles drew out so much of Col. Hallisses Regiment as was there, and that part of our Regiment which was there having neither Col. Lieu. Col. nor Serjant Maior to order and command them, did faire and easily on their owne heads march out of the towne towards London, of which when I heard, I galloped after them, and put them to a stand, at the head of whom, I made the best incoura­ging speech I could, and tooke those Colours that were mine into my owne hands, and desired all those that had the spirits of men, and the gallantry of Souldiers, and were willing resolutely to spend their bloud for the good of their Countrey, and to preserve that honour that they had lately gained at Kenton battell, to follow mee (who promised not to leave them, so long as I was able to fight with them) which promise by Gods assistance I performed, and bad those whose hearts failed them, to march backe againe to London.

Upon which they all faced about without any more dispute, and I led them up to the field where their fellow Souldiers the Red Coates were, which ground with them we maintained divers houres together in a bloudy fight, like resolved men, al­though I beleeve, we were not 700. effective fighting men against the Kings whole Armie, who hotly plyed us from severall places both in front and flanke, with Cannons and Musquets, and we had neither breasts-worke, nor Trench, nor any other defence, but one little bricke house, and two or three hedges.

And having lost my libertie here in this fight, I endured a hard imprisonment at Oxford, and stood as close to the Parliaments cause there, as any prisoner whatso­ever, and I am sure spent not a little money there, and was as ready to helpe any poore man to the utmost of my abilitie, as the richest man there, and have di­vers summs of money that I lent unto the Parliaments prisoners there, to keepe them from starving, yet owing me, but I must confesse at my comming out from thence, my Lord Generall Essex used me the most honourable and noblest of any man, that ever J yet had to deale with in the Parliaments service, which J have of­ten acknowledged, and judge my selfe still obliged in point of gratitude to doe as long as I live.

But having some invitation to goe downe to Lieu. Gen. Cromwell (my old friend that got me my libertie from the Bishops Captivitie) in the Earle of Man­chesters Armie, which I found then at Lincolne, with whole men on that day they attempted the storming of the castle there, I freely adventured my life, though I had no particular command amongst them, and after the gaining of that, I was made Major to Col. King, my Commission bearing date the 7. October 1643. and soone after, I had this Commission, I came to London, during which time Col. King imprisoned divers of his Officers, and divers of the townes people, and some of Lieu. Gen. Cromwells Troopers, for assembling together at a private meeting in a most dispitefull and disgracefull manner, so that when I came downe to Boston, againe, I found all things in peeces, which I was so far from fomenting as Col. [Page 42] King, himselfe cannot but acknowledge that I put forth the utmost of my interest, to soulder together, and pacified Captaine Cambridge my owne Lieutenant, &c. and the honest people in the Towne, who if I had not been, had immediatly arti­cled against him, before ever he had beene well worne in his governmentship, of Boston and Holland. I also rid to Sleford to Lieu. Gen. Cromwell, with whom and his officers and Souldiers, I used the best of my interest, to make peace, which I ac­cordingly did, although divers of the Souldiers in Lieuten. Gen. Regiment were so exasperated, that they were resolved either to lay downe their Armes, or to get him punished for abusing of them, and he comming to the Lieutenant Generall to S [...] ­ford, was so well pleased with me, and what I had done for him, that he immediatly gave a Commission of his owne making under his hand, to my eldest brother in these words.

And upon farther discourse betwixt him and the Lieu. Gen. who with his for­ces was shortly to leave Lincolnshire, and goe to his Generall, apprehending Col. King the Activest and fittest man then that he knew in Linconshire, for [...] ­pering of the Newarkes, he and Col. King immediatly sent me post to the Earle of Manchester at Cambridge, for the augmenting and inlarging of his Commission, and after I had given the Earle an account as exactly as I could, of things in Lin­colnshire, and particularly of his carriage at Boston, which he particularly inqui­red of me, I rendered him as acceptable as I could to my Lord, out of no other ends in the world, but that the publique affaires might flourish and prosper, which J then much hoped he would be an instrument in part to effect, and I brought him from my Lord a Commission to be governour of the Citie of Lincoln, and the Coun­ty thereof, and continued an extraordinary and fair, corespondency with him a good while after, till such time that his two Chaplins (the firebrands of dissention) Mr. Lee and Mr. Garter set us together by the cares, (the proper and true worke of the ministry of the most of that Tribe) which two did add such store of fuel to the fire of his pride, that he grew as imperious as an Emperor, and by his owne will, and the will of his Bishop Lee, would make us march backward and forward as he plea­sed, when and where he had a mind, without calling a Counsell of War to consult with his Officers, whose lives were principally to be ingaged in the things hee went about, the first finder fault with which I my selfe was, and yet at that very time obeyed the cōmand, from which time forward the Priests fomented our differences, and made the [...] greater and greater, in so much that when we were at the [...]ge [...] [Page 43] Newarke, although he received some thousands of pounds of the Lincoln Commit­tee (as some of them have told me) to pay his Officers and Souldiers with, yet (for my part) I could not get one 6. d. of it, although I paid my quarters all the time I was under his command, both for my selfe, wife, familie and horses, and spent a­bove (I dare safely say it) 100. l. of my owne money, besides what I received as my pay from him, although as some of the Committee of Lincoln (doe in the 19, Ar­ticle exhibited to the House of Commons against him, and now in print, affirme) he hath received vast sums of the Countreys money, amounting to about 20000. l. much of which they say he hath levied in an illegall and obscure way, and issued out accordingly.

And although William Prinn be so impudent in the fourth page of his booke, falsly to affirme that Col. King imprisoned and casheered me, for my seditious and schismaticall carriages; yet I affirme and will maintaine it, that my carriage was as peaceable, quiet, just and as free from janglings or contestations, as any Officer that ever Col. King had under him, and I am confident if William Prinn inquire of the best sort of the inhabitants of Boston, that were not the Col servants and meer crea­tures, he will heare of a better report of me then of him, and Col. King himselfe will confesse, that he never imprisoned me in his dayes, nor never had any just cause so to doe, and for his cashering of me, I know not that ever he did so, for I my selfe was wearie of his company, and forsooke it, but I confesse I did the best I could to cashere him, first of his Regiment of horse and Dragoones, which Col. Rossiter had at Newarke, and then secondly of his Govermentship of Lincoln and Boston, and did the best I could to bring him to a Councell of Warre for all his miscariages in his Generallship, as he indeavored to have himselfe stiled (although he was never but a Captain of Dragoons before) & I am confident, had it not been for the interest of his two Chaplains with the Earle of Manchesters two (make-baite) Chaplins, namely Mr. Ash and Mr. Good, whose interest with their Lord J beleeeve in that particular over-ruled his judgement, and truth it selfe, although at Lincoln Citie he was pressed unto it by very considerable persons, in regard that the Committee there had a very high charge agianst him, and also the Mayor, Al­dermen, and towne Clarke of Boston, had another as high, which they came to Lincoln on purpose to present unto his Lordship. And thirdly divers Officers in his Army: had a charge as high as either of the former against him, which J am confident if they could have gotten justice (as they ought to have had at the hands of my Lord being his Generall) would legally and justly have reached to his life, for all the faire flourishes that now he makes, and both Prinn and Bastwick in his behalfe.

But it may be objected by some, that I speake meerly out of malice, there being no ground for what I say against him, seeing I and others accuse him for receiving great summes of money of the Countrey, which he never did, and hath already ta­ken his oath of it, and therefore as little truth there is in all the rest as in that.

For answer to which, I shall at present only desire you to read the copie of a few papers which I have lately received from the hands of one of the chiefest of the Committee in Lincoln, and then iudge betwixt Col. King and his accusers, the copie of which papers thus followeth.

After all these broyles with Col. King, I ceased to be his Maior, and was after­wards made Lieut. Col. to the Earle of Manchesters Regiment of Dragoones, my commission bearing date the 16. of May, 1644. with whom I served faithfully and honestly, and being over active, his Lordship (in a manner) spoyled a souldier of me, by his abusing of me about the taking in of Tickhill Castle; which made me many times and often desirous to throw up my Commission before ever the new Moddle was mentioned: but Lieut. Gen. Cromwels perswasions of me to the contrary, made me hold it, much against my own mind, and then when the new Moddle came, he would have had me to continue, but I tould him, I could not, in regard the Parliament had voted that all the officers in that modle must take the Covenant, which I tould him I could not doe, and besides, I tould him that I had served the Parliament faithfully out of a principle of conscience, (which to me was a greater, tie then all the humain Covenants in the world,) and never to my know­ledge had given them just cause to distrust me: and if now after so much experi­ence of my faithfulnes they distrusted me, I was resolved not to serve a Jealous ma­ster: so I was totally left out.

Whereupon my thoughts were fixed upon going into Holland, to follow my trade for my living, and having some money by me, I began to think about laying it out upon cloth, but enquiring after the state of that trade, I found it locked up under the unjust and tyrannicall cloaths of a company of Monopolizers, (commonly cal­led Marchant Adventurers) who by an illegall and unjust Patent under the broad [Page 47] Seale of England, had ingrossed the sole trade of cloth, and all woollen manufacto­ries in the Low-Countreys, into a few lawlesse mens hands, by meanes of which, they deprive not onely all the free men of London, &c. of the benefit of their free­dome, and that which is their right as really as their cloaths they weare, but also set up a thing that is destructive to the welfare of the whole Kingdome, as particu­larly, their foundation is not upon a law made by common consent in Parliament, (and therefore uniust and illegall) as is largely declared in my iudgement through­out the whole petition of Right, but meerly founded upon the bases of Preroga­tive, backt with the broad Seal of England, and truely, I would that those Gentle­men that stile themselves Marchant Adventurers, would remember that the Earle of Strafford had as much to iustifie himself in his proceedings, and did many times produce the Kings hand and Seal, to authorize him to do what he did, and to war­rant him in the acting thereof; and yet notwithstanding because he acted arbitra­rily, against the sence and mind of the law, to the ruine and destruction of the free­dome of the people, he dyed as a Traytor for it, and for my part I am of the same iudgement, that the chief procurers and preservers of this Monopoly, do deserve as much as he; for first, they have acted, and still do, against the known Law of this Land, as the Author of a late printed book, called a discourse for free trade, in the 6. 7. 12. 39. 43. pages of his book doth clearly prove.

Secondly, They have not onely acted against the law for many years together, but they have (by vertue of their illegall patent) assumed to themselves as arbitrary a power, as ever Strafford did, yea, and a legislative power to make laws, as if they were an absolute and intire Parliament, as appears in his 13. page. first by that wic­ked oath of their owne framing, which they impose upon all that will be one with them, the words of which thus follow.

You swear by Almighty God, to be good and true to our Soveraigne Lord the King that now is, and to his Heires and Successors Kings of this Realme, you shall be obedient and assistant to Mr. Governour, or his Deputy, and assistants of Mar­chant-Adventurers, in the parts of Holland, Zealand, Brabant, Flaunders, and with­in the Townes and Marches of Calais, as also in East-Freezeland, or any other Countrey or Place, on this or that side the Seas, where the said Company are or shall be priviledged. All statutes and ordinances not repealed; which have been made, or shall be made by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold and keep in singular regard to your self, in hurt or preiudice of the Common-wealth of the said Fellowship, or else being condemned, and orderly demanded, shall truly from time to time content and pay unto the Trea­surer for the time being, all and every such mulets and penalties which have and shall be limitted and set for the transgressors and offendors of the same.

The secrets and privities of the aforesaid Fellowship you shall seal, and not be­wray: and if you shall know any person or persons that intend any hurt, harme, or preiudice to our Soverainge Lord the King, or unto his Lands, or to the fellow­ship aforesaid, or the priviledges of the same, you shall give knowledge thereof, and doe it to be known to the said Gouernour, or his Deputy: and you shall not co­lour or free any Forraigners goods, which are not free of this Fellowship of Mar­chant-Adventurers of England. So help you God.

Besides which oath, they have an other called a purging oath; of their owne [Page 48] making, which are to them in the nature of Statutes, and these they force and com­pell men to take, and detaine mens freedomes from them if they refuse to take the former, although they have served faithfully 7. or 8. yeares apprentiship to masters of their owne or the like Corporation; by meanes of which, they doe (as much as in them lyes) destroy them, and all that depends upon them.

Thirdly, they assume to themselves an arbitrary power, to impose fines at their pleasure upon the free men of England against their will, (yea, and contrary to law, iustice, equitie and reason) read pag. 15. 30 31. 34. all whose practises in that booke specified, tends not only to the subvertion of the law, the introdu­cing of an arbitrary power, but also the inslaving and impoverishing of the people, and the ruining and destruction of the Kingdome, and so (in my apprehension) are within the limits of Straffords charge, and that their practises doth tend to the in­slaving of the people, and the ruine of the Kingdome, I prove thus.

1, They restraine all men to trade but themselves.

Secondly, They have restrained the shipping of cloth, only to these certaine times which they are pleased to nominate.

Thirdly, They have restrained the shipping of cloth in any other ships but their owne.

Fourthly, They have restrained the landing of cloth at any place but Rotter­dam.

Fiftly, They hare restrained the selling of cloth there at any other times, but When they please.

Sixtly, They have restrained the buying of any more cloth, but such a number as they are pleased to appoint.

From which bondages and slaveries, follow these mischiefes to the Kingdome.

1. By this meanes, they extraordinarily bring downe the prices of Cloth here, and that I make appeare two wayes, first, In that they stint the number of cloths that shall be sent, which is not one for may that would be sent if trade were open, so that thereby they can picke and chuse, and but at what rates they please. 2. they take such courses amongst themselves by shipping at certaine times, by meanes whereof in all the intervenings betwixt their shippings, they have advantages to beat the poore Clothiers downe to their owne rates, and to buy of them when they please, and at what rates they please, being that most Clothiers are not able to keep their cloths upon their hands, no, nor to follow their trades, unlesse they have a present market, which is a mischiefe not only to the Clothiers, in lessening their prices, but it is a mischiefe to those that breed sheepe, and to the owners of land themselves, for if cloth he cheap, wooll must needs be cheap, yea, and sheep also, and consequently land likewise.

Againe, when they have bought their cloth, no ships must carrie it but their owne, which is a mischefe first to Saylors in Generall, in that hereby none shall be imployed but they that will be their slaves, and be content with what wages they will give them, and observe such rules as they will have them, besides, this is a mischiefe to every Merchant that hath not a part in those ships, because they force every man to pay almost double fraught, to what he might have it carried for in another ship, if hee were left to his libertie.

3. They land it all at Rotterdam, where they will keep their ware-house doors [Page 49] shut, and not sell one peece of cloth, till they can get their owne peice, which in any times is 50. l. or 60. l. profit in the hundred, and sometimes more, by meanes of which inhansing of cloth, beene thereby inabled to sell it at excessive high rates, the Hollander is incouraged to set up a trade of making Woollen-cloth, Shoes, Stockings, &c. although he be forced to pay excessive rates, both for workemanship and materialls (in comparison of us in England) having little of himself, but what he hath from other parts at deare rates, but in regard our Caniball Marchant-Adventurers, (the destroyers of mankind) sell their cloth at such excessive high rates there, the Hollander is able to sell as cheap as they, and to make ten cloths for one, that formerly he used to doe, read page 26. and if Flaunders should tread in the Hollanders foot steps, what would become of our cloth trade? therefore, down with these destroying, wicked, and devouring Monopalizing Marchant-Adrentu­rers, who are as great enemies (in their Kind) to the peace and prosperite of this Kingdome, as ever Strafford and Canterbury were, and therefore let us have a free trade, for they by their wicked and England destroying practices, have trayterou­sly undermined the basis and foundation of our Common Wealth, and given away our cloth trade, our riches and Sinews to the Hollander, impoverished, inslaved and depopulated our Kingdome, by sending thousands of our Natives, and Handy­craft Trades-men over thither, to follow their callings (for the profit of strangers) meerly to get bread for subsistance, because in the land of their nativite, they were ready to starve for want of imployment, whereas a free trade in one or two yeares space would fetch them all backe againe, and thereby re-impeople our owne Countrey, to furnish them and thousands more poore people here, with fulnesse of imployment, and in a little season restore us to the sole making of cloth, and (in a manner) wholy destroy the Hollanders great cloth making trade; for if trade were free, and this destructive Monopoly downe, it would not only increase the multitude of cloth making in England, and also highten the price of it here, by reason [...]r [...]e [...] would be many more buyers, which would be not only a gaine to the Clothier; and also to the Farmer, but by consequence to the Land owner, and which by reason of multitudes of traders, (who would be content with a competent gaine) that so they might returne their money quicke and often, which would lessen the price of cloth beyond Seas, and by consequence beare it so low, and yet bring in a compe­tent gaine, that the Hollander must be forced to give over his great trade of cloth­making.

A second thing besides all these things which is very considerble is this, that by reason of this Monopoly, A few men have not only the sole exporting of Woollen Commodities there, but will in a little time (if continued as they have began late­ly) have the sole importing of all commodities form thence, by meanes whereof they will make us at home buy them of them at what rates they please, but if trade were open, they will be sold at lesse by 15 or 20. l. in the [...]00 then I am confi­dent they will inhause them 100.

A third thing considerable is this, that cloth cannot well be made without Ful­lers earth, none whereof (I conceive) the Hollanders hath, but what they have out of England, the sending away of which, by the law of this Land (if I be not mistaken) is Fellony, but as things are now carried it stands not with the interest of the Marchants Monopoli [...]ers to acuse any for carrying it over because some of [Page 50] them (as same reports) makes great profit themselves by so doing, neither indeed as they manage their businesse, being all their factors are resident at Rotterd [...], are they in a possibilitie of comming to the knowledge of transgressors in that kind, being all the rest of the ports in Holland are open for them to land at, whereas if the trade were free, Factors would be dispersed to every port in Holland, whose in­terest and profit would then tye them to have a care to watch every man, that should bring Fullers earth ever thither; because the preventing of which, would dis [...] ­able the Hollander to make cloth, and so England might have the sole trade there themselves.

A fourth thing considerable is this, that this Monopoly invisalizeth all the rest of Marchants, Saylors, Clothiers, Clorthworkers, Spinners, &c. and inableth the Monopolizing Marchants, in a prerogative, arbitrary and tyrannicall manner, both to King it and Lord it over the rest of their brethren, and makes thousands and ten thousands to become very poore men, and utterly undone, meerly to make themselves rich, although they be both a honest, as free, and free borne as themselves, which meanes with others of the like nature, hath (in my Iudgement) been the only in­strumentall cause of all the wars and miseries in England at this day, for this Mo­nopoly and others (making the Monopolizers rich) makes them the great men in the Common Wealth, and wofull and sad experience teacheth, when any tryall of their fidelitie to the publique comes, (being acted by the principalls of tyrants themselves) makes them easily without comest, stoop to all kind of slaverie and op­pression of what nature soever, and so betray the liberties of the whole Common-Wealth, and by their examples lead others in the same wickednesse with them, witnesse their willing stooping from time to time unto Lone Money, Privie S [...]al [...]-Money, Knight money, Ship Money, Coate and Conduct Money, Monopolists, of all sorts and kind [...], and all manner of extravagancies, that Prerogative would impose; for if they had not beene slaves, such tyrants as Strafford and his Associat [...], could never have rid them not the Common Wealth.

So that (J groundedly conceive) I may iustly say of them and their practices, at Mr. Iohn Pa [...] in the 13. page of this speech, April 12. 1641. said of the Earle of Strafford, namely that they are inconsistent with the peace, the Wealth, the Pros­peritie of a Nation, and that their practices are distructive to justice, the mother of peace, to industry, the spring of wealth, to value which, is the active vertue, wher­by the prosperitie of a Nation can only be procured, confirmed and inlarged.

Their practices in taking away mens rights and freedom [...], being not only apt to take away peace and so intangle the Nation with wars, but doth corrupt peace, and puts such a malignity into it, as produceth the effects of Warre; therefore in the next page, (saith he) as for industry and valour, who will take paines for that, which when he hath gotten is not his owne? Or who will fight for that wherein he hath no other interest, but such as is subject to the will of another? the ancient incouragement to men, that were to defend their Countreys was this, that they were to hazard their persons for that which was their owne, (namely say I) their liberties, freedomes, trades, and properties, but by this neither any way of Monopo­lizing Marchants, &c. (which hath beene and is now practised in England) no man hath any certaintie, either of his trade, estate, freedome or propertie, [...] any thing also to be his owne, but he goes on and saith besides, such arbitrary courses [Page 51] have an ill opinion upon the courage of a Nation, by imbasing the hearts of the people: A servile condition doth for the most part beget in men a slavish temper, and disposition, those that live so much (say I) under the whip and servile Engines of Monopolizing Marchant Adventurers, &c. as were, and still are frequently used by them, (as he saith) may have the dreggs of valour, sullennesse, and stubborn­nesse, which may make them prone to mutinies and discontents; but those noble and gallant affections, which put men on brave designes and attempts, for the pre­servation and inlargement of a Kingdome, they are hardly capable off.

Therefore (saith he there) shall it be treason to embase the Kings coine, though but a peece of 12. d. or 6. d. and must it not needs be the effect of a greater treason, to embase the spirits of his Subiects, and to set a stamp and Character of servitude upon them, whereby they shall be disinabled to doe any thing for the service of the King or Commmon wealth.

He goes on, and in the 15. page, he lays downe the great argument of necessitie that may presse the letting loose of an Arbitrary practice over free men, the same that is now obiected for the Marchant Adventurers, that they are rich men and the state in great necessitie, and they able to furnish them with great sums of money.

But he answers when war threatens a Kingdome, by the comming of a forraine e­nemie it is no time then to discontent the people, to make them wearie of the present Government, and more inclinable to a change, the supplyes which are to come in this way, will be unready, uncertaine, there can be no assurance of them, no de­pendance upon them, either for time or proportion, and if some money be gotten in such a way, the distractions, divisions, distempers, which this course is apt to produce, will be more preiudiciall to publique safety, then the supply can be ad­vantagious to it.

And this I am confident daily experience will witnesse, that this way of getting money, is the only way to get a penny, and loose a shilling; besides the losse of the hearts and cordiall affections of all the people, that are iniured by such an indirect course as this is which is exceeding dangerous in times of distraction, there being no way in the world so durable and safe, and so effectuall to knit a people to a di­stressed state, as a loving and tender carriage, cordiall respect, and universall iuistice, without regard of persons, and I say, and will maintaine it whosoever he be, that in his actions and speeches maintaines and practises the contrary to these princi­ples, is no friend to common freedome and iustice, but a sonne or Scholler to Machi­ [...]vil, whose principall it is, that Princes (and States) ought to aime at greatnesse not in, but over their Subiects (and people) and for the atchieving of the same, they ought to propose to themselves, no greater good, then the spoiling and breaking the spirits of their Subiects (and people) nor no greater mischiefe then common free­dome, neither ought they to promote and perish any servants, but such as are most fit for rapine and oppression, nor depresse and prosecute any as enemies, but such as are gracious with the populary for noble and gallant acts, a fit character for our times.

And therefore to this purpose worthy of observation, it that passage in the 2. page of the printed observations, upon some of his Maiesties late answers and ex­presses, the words thus follow, to be a delight to take kind, is growne sordid with Princes, to be publique torments and carnif [...]inesse, and to plot [...]nst those Sub­iects, [Page 52] whom by nature they ought to protect, is held Caesar like, and therefore blo [...] ­dy Borgins by meer crueltie and treachery hath gotten room in the Calender of wit­ty and or spirited Heroes, and our English Court of late years hath drunk overmuch of this state poison, for either we have seen favorites raised to poll the people, and razed again to pacify the people, or else (which is worse for the King and people, too) we have seen Engines of mischief, preserved against the people, and upheld against law, meerly that mischief might not want incouragement.

But to return again to Mr. Iohn Pims speech against Strafford, which speech of his with Mr. Solicitor St. Iohns speech against ship-money, and also Judge Hutton, and Iudge Crooks argument against Ship-mony in Mr. Iohn Hamdens case are worth eve­very honest English mans buying to keep in his house, that he may learn something out of them, what by nature he is borne unto, and what is the end and foundation of governement, and in his 18th. page he saith, that Straffords crime is an offence that is contrary to the end of Government, the end of Government was to prevent oppressions, to limit and restrain the excessive power and violence of great men, to open the passages of Justice with indifferency towards all; this arbitrary power is apt to induce and incourage all kind of insolencies. Another end of government (saith he) is to preserve men in their estates, to secure them in their lives & liberties, it is the end of goverment that vertue should be cherish [...], vice supprest, but where the arbitrary and unlimited power is set up, a way it open, not only for the security, but for the advancement and incouragement of evil; such men as are opprest for the exe­cution and maintenance of this power, are only capable of preferment, and others who will not be instruments of any uniust commands, who make a conscience to do nothing against the laws of the Kingdome, and liberties of the Subiect, are not only not passable for imployment, but subiect to much iealousie and danger, this may I say for my own particular, it one of the truest sayings in all this speech.

Again (saith he) it is the end of government, that all accidents and events, all coun­sels and designes should be improved to the publique good, but this arbitrary power is apt to dispose all to the maintenance of it self, the wisdom of the Councell. Table, the authority of the Courts of Iustice, the industry of all the officers of the Crowne have been most carefully exercised in this, the learning of our Divines, the iurisdi­ction of our Bishops, have been moulded & disposed to the same effect, such though it were begun before the Earl of Straffords imployment, yet it hath been exceeding­ly furthered & advanced by him, and say I, is still to this day, prosecuted by many of his disciples and schollars in great places, both Clergy men and others, and particu­larly the Monopoly-Marchant Adventurers, therefore I say agiane downe with them, and give them Straffords reward.

He comes to the 22. pag. where he laies down one of the Earl of Straffords obiecti­ons, which is, that he is a Counsellor, & might not be questioned for any thing which he advised his Maiesty according to his Conscience, the ground is true, there is a li­berty belongs to Counsellors, and nothing corrupts counsels more then fear, he that will have the priviledge of a Counsellor, must keep within the iust bounds of a Coun­sellor, those matters are the proper subiects of counsell, which in their times and oc­casions may be good or beneficiall to the King or Common wealth, but such treasons as these, the subversion of the laws, violation of liberties, they can never be good or iustifiable by [...] circumstance or occasion, and therefore [...] being a Counsellor, [Page 53] makes this fault much more hainous, as being committed against a greater trust, and in a way of much mischief & danger, lest his Maiesties Conscience and Iudgement (up­on which the whole course and frame of his government do much depend) should be poysoned and infected with such wicked principles and designes; And this he hath endeavoured to doe which by all laws, and in all times hath in this kingdome been reckoned a crime of an high nature.

I come now to his 25. page, where he laies it to the Earl of Straffords charge, that he had often insinuated it unto the King, that he by his own will may lay any tax or imposition upon his people, without their consent in Parliament, this hath now (saith Mr. John Pim) been five times adiudged by both Houses, In the case of loanes, in condemnning the Commission of excise, in the resolution upon the saving, offered to be added to the petition of right, in the sentence against Manwaring, and now lately in condemning the Ship-money, and if the Soveraign power of the King can produce no such effect as this, the obligation of it is an aggravation, and no diminu­tion of his offence, because hereby he doth labour to interest the King against the iust grievance and complaint of the people; now I say, if the King cannot by his own will say fines and impositions upon his people, much lesse can the Marchant-Adven­turers doe it, therefore they deserve exemplary punishment for practizing such a thing as this is, which they constantly do, especially seeing they know very well it hath been so often condemned as illegal and uniust in the King, and urged upon the Earle of Strafford, as an aggravation of his treason.

Again in the second place, seeing they know that the petition of Right doth con­demn the King and his Privie Councell for making and administring of oaths, not made by common consent in Parliament, and seeing the Parliament (as they very well know) was lately so hot and angry at the Bishops and their convocation, for assuming unto themselves the boldnesse to make an oath, although they were in­vested with a more colourable authority to iustifie them therein, then these can pre­tend; how exemplary ought the punishment of these men to be, for their impu­dency and boldnesse after the knowledge of all this, to force and presse upon the free­men of England an oath, of their owne framing and making, yea, and to keepe their freedomes from them, because (out of Conscience) they dare not take them, which at this present day is the condition of one Mr. Johnson, late servant to Mr. Whitlocke, one of the East Country Monopolizing Marchants, which is all one in nature with the Monopoly of Marchant-Adventurers.

Againe I desire it may be considered, that if they had a legall power to make an oath (as they have not in the least) yet the [...]r oath for the matter of it, is one of the most wickedest that I have read or heard of; for if you observe it, it ties those that take it to be obedient and assistant to Mr. Governour, or his Deputy, and Assistants of Marchant Adventurers, in all places where they are, or shall be priviledged. All Statutes and Ordinances not repealed, which have been made, or shall be made, by the said Governour, or his Deputy and Fellowship, you shall to your best knowledge truly hold.

I am confident that neither all the oaths established in England by law, nor any one of them runs so absolutely and maiestickly as this, for here is no caution so farre as it is iust, or so farre as it is according to the word of God, or so farre as it is agreeable to the lawes established in England, so that I dare boldly [Page 54] say it, that Mr. Governour of this Monopoly, takes a more absolute [...]o [...]troula­ble, and unquestionable power upon him, then any King of England that I read of since William the Conquerer.

Secondly observe, This oath ties men to be Rebels (point-blanke) against the law of England, established by common consent, which will not give to the King himselfe, the power here exercised, much lesse to Mr. Governour of the Marchant-Adventurers, who is but one of his subiects.

Thirdly observe, this oath ties those that take it, to be papists, in some sence, for they must swear by an implicite faith, to be observant to what Mr. Governour shall establish, though it be never so unjust, or else they are perjured: for my part my judgement is freely this, that the gallowes is too good for the framers, contrivers, and strickt prosecutors of this oath; and to my understanding the desires of these men, are either to make England a land of slavery, ignorance, and beggery, or else a land of perjury: therefore my advice to those Marchants and other Free-men of En­gland, that petition against these Monopolizers, for the taking away their patent, is this, that they would not only doe that, but also that they would draw up a charge by way of Articles against them, that they may receive aswell as Strafford a legall tryall for their lives, and likewise for all their estates, for all their illegall and arbi­trary practices, which they have exercised for so many yeares by-past as they have done, to the ruine and destruction of thousands of honest men in this Kingdome, and to the dammage and detriment of the whole Land; yea, and that they would resolve to follow them with as much eagernes as ever they did Strafford, when they shut up their shoppe, and by thousands went to Westminster daily to cry for justice against him: For the Parliament in the first of their Remonstrances, dated 15. Dec. 1642. beginning in the 3 d. page of the book of Declarations, reckons up the be­nefits that this present Parliament had done the Kingdome, and amongst other things, they say there in the 14. page; The Monopolies are all supprest, whereof some few did prejudice the Subject above a million yearely, the soap an hundred thousand pounds, the wine three hundred thousand pounds, the leather must needs exceed both, and salt could be no lesse then that, besides the inferiour Monopolies, which if they could be exactly computed, would make up a great sum.

That which is more beneficiall then all, is this, that the root of these evils is ta­ken away, which was the arbitrary power pretended to be in his Majestie, of taking the Subject, or charging their estates without consent in Parliament, which is now declared to be against law, by the judgement of both Houses, and likewise by an act of Parliament.

Another step of great advantage is this, the living grievances, the evill Counsel­lors and actors of these mischiefes have been so quelled by the justice done upon the Earle of Strafford, the flight of the Lord Finch, and Secretary Wind [...]be [...], the ac­cusation and imprisonment of the Arch-Bishop of Canterbury, of Judge Bartlet, and the impeachment of divers other Bishops and Judges, that it is like, not onely to be an ease to the present times, but a preservation to the future.

But it may be objected, that the ordinance of this present Parliament is for the continuance of this Company, and therefore it is not so great an evill as you speak off.

To which I answer in the first place, in the very words of the fore-mentioned book, this (under correction) cannot hold plea, for the said ordinance passed with [Page 55] this proviso and clause of (reservation by the wisdom of both Houses) that all rights confirmed by act of Parliament, or ancient Charters, should be thereby saved, so that it is rightly conceived, that this ordinance is not binding, nor of any restraining nature.

Secondly, The Parliament hath declared in most of their Declarations, that all their intentions and designes are and shall be for the maintaining the lawes and li­berties of England, and for making the people more free and happy: But not lesse free and more miserable; read their declaration about the preservation of Hull, and there you shall in the book of declarations pag. 458. 459. find these words, that as in all our indeavours since this Parliament began, we intended wholy the advance­ment of his Majesties honour and safety, and the regaining of the ancient (though of late years much invaded) rights, lawes, and liberties, being (as they there affirme) the birth right of the Subjects of this Land; And in the next Declaration, they reckon up a great many of his Majesties then present actions, which they there say tends necessarily to the losse of our libertie, and the subversion of the law of the Kingdome; and further they there say, that the King and his evill Counsellors, have designed all to slavery and confusion, in the opposing of all which (pag 464.) they desire the concurrance of the well disposed Subjects of this Kingdome, and shall manifest by their courses and indeavours, that they are carried by no respects bet of the publique good, which they will alwaies preferre before their owne lives and fortunes; And when their troubles did increase upon them, and the King be­gins to declare that he is in good earnest indeed, pag. 497. 498. they say, therefore we the Lords and Commons are resolved to expose our lives and fortunes for the defence and maintenance of the just rights and liberties of the Subject, &c. and therefore we do here require all those who have any sence of piety, honour or com­passion, to help a distressed State, especially such as have taken the protestation, and are bound in the same duty with us, unto their God, their King, and Countrey, to come in to our aid and assistance. And therfore I dare not let it have entertain­ment in my heart, that the Parliament were in jest when they made these Declarati­ons, or that they never in truth intended what they here have said, but in my appre­hension, if they should by a law or ordinance establish the fore-mentioned oppressi­on, and England destroying Monopoly, they should overthrow the law of the land, and the libertie and freedome of the People, for the proof of which read the 12. H. 7. and the 3. Jac. the words of this last Statute especially, carry weight and strength with them, and thus followeth. Whereas divers Marchants have of late obtained from the Kings most excellent Majesty, under the great Seal of England, a large Charter of incorporation for them and their Company, to trade into the Domini­ons of Spaine and Portugall, and are also most earnest suiters to obtain the like from his said Majesty for France, whereby none but themselves, and such as they shall think site, as being meet Marchants, shall take the benefit of the said Char­ter, disabling thereby all others his Majesties loving Subjects of this Realme of England, and Wales, who during all the time of her late Majesties warres, were in divers respects greatly charged, for the defence of their Prince and Countrey, and therefore ought indifferently to enjoy all the benefits of this most happy peace: And also debarring them form that free enlargement of common trasfique into those Do­minions, which others his Majesties Subjects of his Realme of Scotland, and Ireland [Page 56] doe injoy, to the manifest impoverishing of all owners of ships, Masters, Mariners, Fisher-men, Clothiers, Tuckers, Spinsters, and many thousands of all sorts of han­dy crafts men, besides the decrease of His Majesties Customes, Subsidies, and other impositions, and the ruine and decay of Navigation, together with the abatement of our woolls, cloth, corne, and such like commodities; arising and growing within this his said Maiesties Realme of England, and the inhansing of all French and Spanish comodities, by reason of the insufficiencie of the Marchants, they being few in number, and not of abilitie to keep the great number of our ships and Sea-faring men a worke, and to vent the great store of commodities, which this His Maiesties Dominion of England doth yeeld. And by meanes that all owners and Mariners, with divers others, (if these Incorporations should continue) shal be cut of from their ordinary meanes of maintenance and preserving their estate. And finally by reason that all French and Spanish commodities shall be in a few mens hands: In respect whereof, as for many other inconveniencies growing thereby, much hurt and pre­iudice must needs redound to all His Maiesties loving Subiects of this his highnesse Realme of England, if reformation for the prevention of so great an evill be not had in due time: For remedy whereof, be it inacted by the Kings most excellent Maiestie, the Lords Spirituall, and temporall, and Commons in this present Par­liament assembled, and by the Authoritie of the same, That it shall and may bee lawfull to & for all his Maiesties Subiects of this his highnes Realm of England and Wales, from henceforth at all times to have free libertie to trade into and from the Dominions of Spaine, Portugall and France, in such sort, and in as free a manner, as was at any time, sithence the beginning of this his highnesse most happie reigne in this his Realme of England, and at any time before the said Charter of Incorpo­ration was granted, paying to the Kings most Excellent Maiestie, his Heires and Successors, all such customes, and other duties, as by the Lawes and Statutes of this Realme ought to be paid and done for the same, the said Charter of Incorporation. or any other Charter, Grant, Act, or any other thing else heretofore made or done, or hereafter to be done, to the contrary in any wise notwithstand­ing.

And that it is against the libertie of the people, the loud cry that was against this and all such like patents at the beginning of this Parliament, doth declare, yea, and the continuall cryes of the generallity of the people of the land in all Par­liameants against it, and the many and divers petitions of severall Countyes, and multitudes of severall sorts of Citizens lately exhibited to the Parliament doth ful­ly declare, and for my part, were it that these present unjust Monopolizers had borne the whole burthen of the wars in England themselves, and all other men done nothing for the Parliament, I thinke there had beene some grounds for them to have desired the Parliament to have made them Lords and Kings, and all other men slaves but themselves; but in regard, that many others of manner qualitie have beene far more forward in laying out themselves and estates for the pub­lique good, then they who for the most part of them, have rather behaved themselves like Neuters, then zealous and true Patriots to their Countrey. I know no reason, but all those true and constant well affected Englishmen that are inslaved by them should looke upon them as enemies to the peace, freedome, and posperitie of our distressed Countrey, and endeavour by all just wayes and mean [...], with the Parlia­ment, [Page 57] to make them all at least Hewers of wood, and drawers of water, and I hope ere long, some honest and stout Commanders that are behind hand for their Arreares, that have been venturing their lives abroad, while they have beene ma­king us slaves at home, will ioyne together to the Parliament in a petition for the Arrears, of themselves, and Souldiers, and for want of other supplyes, earnestly to desire that the Marchant Adventurers may be forced to pay into the State the 18 [...] 295. l. mentioned in the foresaid booke, page 48. and all other sums of money that they have illegally levied, by their illegall patent under the broad Seale of England; and I hope some honest Common Wealths man, will presse that clause of Magna Charta home to the Parliament, which saith, Justice and Right we will sell to none, we will deny to none, that so they may not compound for a lesser sum, then that which by Iustice, Equitie and Right, the Kingdome ought to have from them.

Againe if Strafford and Canterbury, had so heavie a doome, for perswading Re­gall power only to subvert the lawes and liberties of England; what doe these men deserve that have seene their punishment before their eyes and yet endeavour with all their might to perswade Parliamentary power to make us slaves by a law? after we have spent the blood of so many thousand gallant English men for the preservation of our freedomes, for saith the Parliament in their Declaration, page 694. what ever be our inclination, slaverie would be our condition, if we should goe about to overthrow the lawes of the land, and the propriety of every mans estate, and the libertie of his person, all three of which ( [...]averit) the Monopoli­zing Marchant Adventurers have done for many yeares together, without any re­morse of conscience, and their latter practises are worse then the beginning, in re­gard their indeavours tends to the putting the Parliament upon that which is con­trary to the nature of the trust reposed in them by the whole Kingdome, which ac­cording to their owne words page 150. is to provide for the weale of the people, but not for their woe, which principle, is notably discussed by the Author of the prin­ted observations upon some of his Majesties late answers and expresses (who is commonly reputed to be one in a speciall manner to be imployed by the Parlia­ment) who saith page 2. speaking of the King whose Regall power the Parliament now executes, (and therefore the people have just ground to be very watchfull that no inrodes by them be made upon their liberties, that nature, reason, and the freedomes of the fundamentall lawes of England,☞ invest them with) we see that power is but secondary and derivitive in Princes, (and say I in counsells likewise) the fountaine and efficient cause is the people, and from hence the inference is iust, the King though he be singulis Maior, (that is the single greatest) yet he is is uni­versis minor (that is the universall lesse, or lesser then the whole) (for saith he) if he people be the true efficient cause of power, it is a rule in nature, that whatsoever is the efficient cause of a thing, made is greater then the things that is made, and hence it appeares that at the founding of Authorities, when the consent of Societies con­veys rule into such and such hands, it may ordaine what conditions, and prefix what bounds it pleases, and that no disolution ought to be thereof, but by the same power it had its constitution, and for my part I say it is contrary to nature, and the end of trust, that the trusted, should doe him that trust a mischiefe by it, as the Monopolizing Marchant Adventurers would have the Parliament to doe, hee [Page 58] goes on and saith, the King acknowledgeth by his Coronation oath, he is bound to protect his people, (the same duty say I, the Parliament in a more neares relation owes to those that chuse them) and (saith he) I hope under this word protect, he intends not only to shield us from all kind of evill, but also to promote us to all kind of politicall happinesse according to his utmost power, and I hope he holds himselfe bound thereunto, not only by his oath but also by his very office, and by the end of his soveraigne dignitie.

Therefore (saith he) Ship-money, if the Star-Chamber, if the High Com­mission, if the Votes of the Bishops, and popish Lords in the upper House be in­consistant with the well fare of the Kingdome, not only honour but justice it selfe challengeth that they be ablisht, the King ought nor to account that a profit or strength to him, which is a losse and wasting to the people, nor ought he to thinke that perisht to him, which is gained to the people: The word Grace sounds better in the peoples mouths then in his, his dignitie was erected to preserve the Commo­naltie, the Commonaltie was not created for his service; and that which is the end is far more honourable and valuable in nature and policie, then that which is the meanes. This directs us then to the transcendant aime or pitch of all poli­tiques, to the parament law that shall give law to all humane Lawyers whatsoever, and that is the safety of the people, the law of prerogative it selfe, is subservant to this law, and were it not conducing thereunto, it were not necessarie nor expedient. Neither can the right of conquest be pleaded to acquit Princes of that which is due to the people as the Authors or ends of all power: for meere force cannot alter the course of nature, or frustrate the tenour of the law, and if it could, there were more reason why the people might iustifie force to regain due libertie, then the prince might to subvert the same. And its a shamefull stupiditie in any man to thinke, that our Ancestors did not fight more nobly for their free customes and lawes, of which the Conquerour and his successors had in part [...]nherited them by violence and periury, then they which put them to such conflicts: For it seemes unnaturall to me that any Nation should be bound to contribute its owne inherent puiffance, meerly to abet Tyranny, and support Slaverie, and to make that which is more ex­cellent, a prey to that which is of lesse worth. And questionlesse a native Prince, if meere force be right, may disfranchise his Subiects as well as a stranger, if he can frame a sufficient party, and yet we see this was the foolish sinne of Reboboham, who having diserted and reiected out of an intollerable insolence, the strength of ten Tribes, ridiculously sought to reduce them againe with the strenth of two.

J come now form the cause, which conveyes Royalty, and that for which it is conveyed, to the nature of the conveyance, the word trust is frequent in the Kings papers, and therefore I doe conceive that the King does admit that his interest in Crowne is not absolute, or by a meere donation of the people, but in part conditi­onate & fiduciary, and indeed all good Princes without any expresse contract betwixt them and their Subiects, have acknowledged that there did lye a great and high trust upon them; nay, Heathen Princes that have beene absolute, have acknowled­ged themselves servants to the publique, and borne for that service, and professed that they would manage the publique Weale, at being well satisfied populi Rein esse; non suam, that is, that the businesse (or Common-Wealth) is the peoples, not [Page 59] their owne, and we cannot imagine in the fury of war (then lawes have [...] least vigour) that any Generalissimo can be so uncircumcised in power, but that if he should turne his Canons upon his owne Souldiers,☞ they were ipso facto ab­solved of all obbedience: and of all oaths and tyes of Allegiance whatsoever, from that time, and bound by higher duty to seeke their owne preservation by resistance and defence: Wherefore if there be such racite, trusts, and reservation of all publique commands, though of the most absolute nature, that can be supposed; we cannot but admit that in all well formed Monarchies, where Kings prerogative hath any limits set, this must be one necessary condition, that the Subiect shall live both safe and free, the Charter of Nature intitles all Subiects of all Countries whatso­ever to safety by its supreame law.

And in page the fourth (he saith) that which results then from hence it, if our Kings receive all Royalty from the people, and for the behoofe of the people, and that by a speciall trust of safety and liberty, expresly by the people limitted, and by their owne grants and oaths ratified, then our Kings cannot be said to have so un­conditionate and high a propriety in all our lives, liberties and possessions, or in any thing else to the crowne appertaining, as we have in their Dignitie, or in our selves, and indeed if they had, they were not borne for the people, but meerly for themselves.

And in page 6. speaking of the greatest Monarchies, this condition (saith hee) is most naturall and necessary, that the safety of the people is to be valued above any right of his, as much as the end is to be preferred before the meanes: it is not iust nor possible for any nation so to inslave it selfe, and to resigne its owne interest to the will of one Lord, (or Lords) as that that Lord (or Lords) may destroy it with­out iniury, and yet to have no right to preserve it selfe: For since all naturall po­wer is in those which obey, they which contract to obey to their owne ruine, or having so contracted they which esteeme such a contract before their owne preser­vation, are fellonious to themselves, and rebellious to nature, most excellent is that Authors discourse in that booke, in proving the end of trust, which alwayes ought to be for the good of those that trust, and not for the trusted to walke by the rule of his owne will towards those that trust him, as though he intended by vertue of the power and trust conferred on him, to carrie himselfe so towards those that trust him, as though they were his Vassalls and Slaves, and had given him a power to tread them under his feet, and by their ruines to advance himselfe in ho­nour and riches, and thereby invest himselfe with such a Maiestie, as though hee were never to be called to account for the managing of his trust by those that trust him, which is but a foolish, idle and tyrant like conceipt, for is a Corporation of men, chuse a Steward to receive the it rents, and manage their businesse for their good, but if this man shall say their money out, not for their good and profit, but for his owne particular, and when they shall visibly see this, and shall thereupon command him to give up his accounts, and he shall say no, you have trusted me, and thereby gave declared you judge me a man fit for you service, and to question or doubt me is to question your owne Iudgement, and therefore I owe you no account, neither am J to give you any, bacause it is my Iudgement, So would not every wise man count this answer not only very weake, [Page 60] but also uniust, and arguing a great deal of guilt and basenesse to be in such a Stew­ards breast, and although such a Steward should returne such a Lordly answer to his masters, yet for all this, may not his masters use their utmost power and autho­rity to compell him to give up his accounts? yea, and in case he have abused his trust, to casheere and inflict the extremity of the law upon him, for so doing: and seek out for an other honester man then himselfe, to put into his place.

For saith the same Author, (as is conceived) in the second part of his observations pag. 6. the end of all authority in substitutes as, that the Kingdom may be duely and safely served, and not that the Kings (or any other trusteys) meere fancy may be satis­fied, and page the 8th, (he saith) that right which a Prince hath in his people, is by way of trust, and all trust is commonly limited more for the use of the party trusting, then the party trusted, in some cases also there are mutuall proprieties, and so the King ownes us as his Subjects, and we owne him as our King, but that owner-ship which we have in him as our King, is of a farre more excellent and high nature, then that owner-ship which the King hath in us, as his Subjects. And the same Author in his maximes unfolded, pag. 25.

I come now (saith he) to the fourth jus or right, which is Regium a Deo, nec a sais, neca [...]se, which is neither singly from God, nor from those that are his, (his Subjects, nor from himselfe, but which is jus ad Regnum, his right to his Kingdome, and such a trust as he must answer for to his Parliament, and his Parliament to his people, and therefore Parliaments in former times used to be so carefull for the welfare of the people that betrusted them, that they would impose nothing upon the people that might be a burthen to them, without acquainting them first with it: as Sir Edward Cooke that worthy Patron of his Countrey, in the fourth part of his institutes, doth declare, his words folio 14. are as followeth.

It is also the law and custome of the Parliament, that when any new device is moved on the Kings behalfe in Parliament, for his aid, or the like, the Commons may answer, that they tendred the Kings estate, and are ready to aid the same, onely in this new device they dare not agree, without conference with their Countries: whereby (saith he) it appeareth, that such conference is warranta­ble by the law and custome of Parliament. And folio 34, (he saith) that at the Parliament holden in 9. E. 3. when a motion was made for a Subsidy to be granted of a new kind, the Commons answered, that they would have conference with those of their severall Counties and places, who had put them in trust, before they treated of any such matter: so that it clearly appeareth to me, that there is not that Elbow-roome left to the whole Parliament, much lesse to a part of it, but much lesse to foure or five members of it, to make innovati­ons or inrodes at their pleasure, upon the peoples estates, proprieties, and liberties, especially of those who are as free borne as any of themselves, and in their lives and actions have ventured as much, and as farre as any of them, to preserve their native liberties, proprieties, and freedoms, for all that inslaving doctrine that is now prated of by some, and lately practised by others, for I say from what is before said, that by how much the more the trust is great, that is reposed in the Parlia­ment, by so much the more they ought in Justice and honesty to be cautelous, wary, tender, and cordiall in the execution of their trust, and to have a speciall care not [Page 61] so make those worse, but better that trust them, nor lesse free, but more free: but Sir Edward Cooke in the second part of his institutes, folio 47. being there expounding of Magna Charta, chap. 29. saith, that generally all Monopolies are against this great Charter (and his reasons are) because they are against the libertie and freedome of the Subject, and against the law of the land, and he there gives in­stances of 3 particulars, upon his exposition of the word liberty, contained in that Charter, and the first runs in these words.

King H. 6. granted to the Corporation of Dyers within London, power to search &c. and if they found any Cloth dyed with Log-wood, that the Cloth should be forfeit, and it was adiudged, that this Charter concerning the forfeiture, was against the law of the land, and this statute of Magna Charta, for no forfeiture can grow by letters patents: look to it Marchant-Adventurers.

Secondly (saith he) it signifieth the freedomes that the Subjects of England have, for example, the Company of Marchant-Taylors of England, having power by their Charter to make Ordinances, made an ordinance, that every brother of the same society should put the one half of his Cloaths to be dressed by some Cloth-worker free of the same Company, upon pain to forfeit ten shillings, &c. and it was adiudg­ed that this ordinance was against law, because it was against the liberty of the Sub­ject, for every Subject hath freedom to put his cloaths to be dressed by whom he will, and so of other like things, and so it is, if such or the like grant had been made by his letters patents. (Observe this you Lord Mayor, and court of Aldermen of London.)

3. So likewise, and for the same reason (saith he) if a grant be made to any man, to have the sole making of cards, or the sole dealing with any other trade, that grant is against the liberty and freedom of the Subject, that before did or might lawfully use that trade, and consequently against this great Charter. And saith he in folio 48. every oppression against law, by colour of any usurped authority, is a kind of destru­ction, for when any thing is prohibited, all that is prohibited with it, where by the thing prohibited is like to come to passe, or take place, and it is the worst oppression that is done by colour of Justice.

And in the third part of his institutes, folio 181. commenting upon the statute of the 21. Iam. 3. which statute is absolutely against Monopolists, and Monopolizers, and he there positively saith, that they are against the ancient and fundamentall laws of this Kingdome, that he may be understood what he meanes by monopoly, he thus defines it.

A Monopoly is an institution or allowance by the King, by his grant, commission or otherwise, to any person or persons, bodies politique or corporate, of or for the sole buying, selling, making, working, or using of any thing, whereby any person or per­sons, bodies politique or corporate, are sought to be restrained of any freedom or li­berty that they had before, or hindred in their lawfull trade, and he there saith, that the law of this Realm against monopolies, is grounded upon the law of God, expres­sed Deut. 24 6. No man shall take the netner or the upper milstone to pledge, for he taketh a mans life to pledge. Whereby it appeareth that a mans trade is accounted his life, because it maintaineth his life, the monopolists that taketh away a mans trade, taketh away his life, and therefore is so much the more odious, because he is vir san­guinis, a man of blood, against these inventors and propounders of evill things, the holy Ghost hath spoken, Rom. 1.30 Inventores malorum &c. digni sunt morti. The inventers of evill &c. are worthy of death.

He there goes on to prove the evill of them, and the great punishment that they de [...]erve, that are procurers of them, and therefore to draw to a conclusion of this, I say it is but just, that the Marchant-Adventurers should be punished according to the utmost extremity of the Law, for all the time they have and shall act by vertue of their illegall patent, to the ruine of so many thousands as are destroyed by their means, and when they shall get it to be confirmed by an ordinance or a law, they deserve to be accounted the destroyers of mankind, in procuring a law, both against nature and reason, the grounds of all just lawes: For as the Author of the book called the Doctor and Studient saith, fol. 4. the law of nature specially considered, which is also called the Law of reason, pertaineth only to Creatures reasonable, that is man, which is created in the Image of God. And this law (saith he) ought to be kept aswell amongst Jews and Gentiles, as amongst Christian men, and this law is alway good and righteous, stirring and inclining a man to good, and abhorting evil, and as to the ordering of the deeds of man, it is preferred before the law of God (a­mongst men) and it is written in the heart of every man, teaching him what is to be done, and what to be fled, and because it is written in the heart, therefore it may not be put away, ne is it ever changeable by no diversitie of place, [...]no times. And therefore against this Law, prescription, statute, nor custome, may not prevail. And if any be brought in against it, they be no prescriptions, statutes, nor customes, but things void, and against Justice, and all other lawes, aswell the lawes of God, as the acts of men, as other be grounded thereupon, and a little further he saith, that this law of reason teacheth that good is to be loved, and evill to be fled. Also that thou shalt do to another, that thou wouldest an other shall do to thee. Also that we may do nothing against truth. Also that a man must live peaceably with others. That Justice is to be done to every man, and that wrong is not to be done to any man, and also that a trespassor is worthy to be punished, and such other.

And in fol. 7. (he saith) that the law of man be just, and right wise, two things be necessary, that is to say, wisedom, and authority: wisdom, that he may judge af­ter reason, what is to be done for the Communality, and what is expedient for a peaceable conversation, and necessary sustentation of them. Authority, that he have authority to make laws, for the law is named of ligare, that is to say, to bind. But the sentence of a wise man doth not bind the comunality, if he have no rule over them. Also to every good law be required these properties, that is to say, that it be honest, right-wise, possible in it selfe, and after the custome of the Country, conve­nient for the place and time, necessary and profitable, and also manifest that it he not capious by any dark sentence, he mixt with any private wealth, but all made for the Common wealth.

And after I see I was [...]old of my trade, and in greater bondage by my fighting for Justice, liberty, and freedome, then I was before: I was at a mighty stand with my selfe what to do to provide for my selfe and family, which whosoever doth not saith St. Paul is worse then an Infidel, and although I knew I had heavie antagonists in the House of Commons (although I had never done them hurt to my knowledge, but had freely upon all occasions adventured my life with my sword in my hand, both before the wars, and also since) I pluckt up Hesters resolution, being determi­ned to use the meanes for my preservation, and if I perished, I perished, whereupon I drew my petition to the House of Commons for my arrears, and justice and repara­tions [Page 63] from my unjust Iudges in the Star-chamber, I laboured by all the friends I had in that House, month after month, to get my petition read: but could not, where upon I printed it, and delivered 2. or 300 of them to the Members, &c. one mor­ning as they went into the House, but could not prevail to get it read for all that, and to foyle me, and retard my businesse, and make me odious in the House, I was two severall times illegally clapt by the heeles by Mr. Laurence Whitaker, Chaire man of the Committee of Examinations, whose illegall, irrigular, and arbitrary procee­dings, not only with me, but also with divers other free-men of England, makes me judge him a man fitter to answer at the barre of justice (if there were any justice to be had) for his former misdemeanors before the Parliament began, and also for those since, then to be a Member of the House of Commons, and a Chair-man in a speci­all Committee, whose lawlesse and illegall proceedings with divers free men of En­gland, tends (as much as in him lies) to the alienating of the hearts of the Parlia­ments friends from them, and to the rendring of their proceedings odious and abo­minable to them; but if either justice Whitaker or any of his friends think I scan­dalize him, and do him wrong, I offer this upon my utmost perill, that I will (ac­cording to the law of England, if I may have such a proceeding) legally prove and make good, what I now here affirme: but I confesse, I do by experience see it, it is rather a madnesse and folly, then any thing else, for a man to exspect justice, where the parties accused are Iudges in their own case, contrary to that received maxime of the law, that no man ought to be Iudge in his owne case, and this I do confidently beleeve, that if his priviledge of being a Men her of the House did not protect him, against the law, that his estate; times over would not legally satisfie (according to the known and fundamentall lawes of the Land) those injustices that he hath done to the free born well affected men of England.

But although I had these foyles in my businesse, I was resolved not to give it o­ver, and therefore rode downe to my true and faithfull friend, Lieut. Gen. Cromwell, to crave his assistance, by way of letter, to some of his friends, the Copy of which thus followeth.

Having got this letter, and bringing up good news from Lamport, of the routing of Goring, I was in very good hopes to have got my petition forward, and speedily to have had some benefit by it, but insteed of the good I iustly expected, I was uniu­stly clapt by the heels in the Sariant at Arms custody, but for what cause I protest I do not groundedly to this day know, unlesse it were because I was earnest in presen­ting my petition, and craving law, iustice, and right, according to Magna Charta, which as Sir Edward Cooke in the 2d. part of his institutes fol. 56 saith, is the best birth-right the Subject hath, for thereby his goods, lands, wife, children, his body, life, honour, and estimation, are protected from iniury and wrong: but I was dealt with much like the proceedings of that Iudge he speaks off, fol. 55. who (he saith) first punisheth, and then he heareth: and lastly compelleth to confesse, and make and marre lawes at his pleasure, like as the Centurion in the holy History did to St. Paul, for the Text saith, Acts 22.24.27. that the chiefe Captain commanded him to be brought into the Castle, and bade that he should be examined by scourging, that he might know wherefore they cryed so against him, and verse 27. then the chief Captain came and said unto him, tell me art thou a Roman? he said yea, but saith noble Sir Edward Cooke there, good Iudges and Iustices abhorre these cour­ses.

And after I had endured above three months imprisonment (a great part of which was close imprisonment in New-gate) by much strugling and striving I obtained my libertie, and hoping that those that had dealt so ill with me, would for their owne honour and reputation sake (if they would for nothing else) be a little sensible of my condition, and necessity, and therefore having had a fair proceeding at the Com­mittee of petitions, I preferrd my petition to the House, which there was read, Nov. 10. 1645. which thus followeth.

The annexed Petition thus followeth.

At the debate of which there was not a little opposition by some, who (as I conceive) thought I was not capable of enjoying justice, although to my knowledge I never did an act in all my life that put me out of the protection of the law, or that tended to the disfranchizing me of being a Denizon and Freeman of England, and therefore ought to enjoy as great a priviledge in the enjoyment of the benefit of the Law of England, as any free Denizon of England whatsoever, by what name or title soever he becalled, the issue of which debate, so much as I have under the clarks hand, thus followeth.

The last of which orders seem to me to be a bug-bear and scare-crow, to fright me from following my petition any further, and gives me some bint who it was that was so hot against me, but for my part I fear the person, nor face, or no man breath­ing, for honesty say I, is the best policy, and uprightnesse begets boldnesse, but it is strange to me what Mr. Sam. Brown can report of me, seeing (to my knowledge) I ne­ver spoke two words unto him in my life, nor he to me, but the busines is about Mr. Hallis, from whom I crave neither mercy nor favour, for what I said concerning him in the house, I Judg it my duty to do and if it were to do again to morrow upon the same grounds I would do it, either against him, or the dearest friend I have upon earth; and what can Mr. Hallis say to me, more then he can to Mr. Samuel Gose, who was as deep in the information as myself, and what can he say to either of us, seeing we produced the party to the House that told it us, who for any thing, I [Page 68] know to the contra [...]y, avers it to this day for a truth, although he was imprisoned for it.

But secondly, I much wonder the House, after I have had so much hard and un­just usage from divers of its members, should turn me over to William Prinn, at the Committee of accounts, who I say, hath neither Justice nor honesty in him and who is my deadly and implacable enemy, as they well knew, and who hath most falsly, maliciously and inverately endeavoured to take away my life from me, by lyingly and unjustly in his last book accusing me of high Treason: truly when I first heard I was turned over to him, this came into my mind, that it had been a little too grosse in the eies of the world, for my adversaries to have again themselves committed me to prison, but me thoughts I heard some of them say, however we will be even with him, for we will send him to W. P. who will doe the best he can to com­mit him, if there he should refuse the oath of accounts, or if he cannot get him up­on that hugge, he will one way or other vexe him as bad as an imprisonment.

Well, but for all this, to the Committee of accounts I went (and shewed them my orders) where I found William Prinn in the Chaire, and I confesse the Marchants that were of the Committee, used me very civilly, and I laboured to demean my self towards them with respect: but for my antagonist, I found that from him, which before I went I looked for, and after some discourse, he tendred unto me an oath, which was to this effect, that I should swear what was due un­to me, and what I had received, and what free quarter I had had, what Horses and Armes from the State, which oath I refused to take, it being very strange to me con­sidering my case, who in my fore-mentioned petition complain of Col. King to the House, that he not onely keeps my pay from me, that he received for me, but also refuseth to give me a note under his hand, for what was my due under him, and therefore there pray, he may be commanded to do me justice and right, although he hath for a long time refused to do either, and besides (as I told them) I could not upon my oath give them a just account what I had received of Col. King, seeing I lost my papers, portmantels, all my Horses and cloths at Newarke, and was stript naked, and forced in that condition (without either boots or shooes) to march on foot over hedge and ditch (to save my life) about 8. or 10. miles, and never since that day (to my remembrance) received any pay of him. But saith W. P. if you lost your papers, why might not be lose his, for he was plundered aswell as you? To which I answer, He that kept his accounts did not use to goe and fight as I did, and besides, Colonell King though you say he was plundered, yet I avert it he was not plundered and stript, for he came home in the cloaths he wore, but I was forced to come without mine: And besides, I was in an Army where there was a Councell of Warre established, and a Committee by Ordinance of Par­liament dated January 22. 1643. And another dated 10 October, 1644, ap­pointed to look after all such things as by oath was required of me, to give an account of, to whom for my part J conceive I was to be accountable for any mis­carriages, (if any had been) in that Army, and if they be not able to make a­ny just complaint against me, I ought not to be forced by oath to purge my self be­fore a Committee that was not then in being, and for my particular, I professe, I would have burnt or torne my Commission before I would have accepted of it upon the tearmes demanded of me by this oath, and in that very Ordinance [Page 69] it is ordained, that the Earle of Manchesters certificate to two of the Commit­tee, and the Commissary Generall, shall be sufficient authority to them to sub­scribe our warrants, which shall be sufficient to demand our moneys, for our pay, and for my part I require but the benefit of this Ordinance, which was the declared condition upon which I went on with my imployment there, and this is that I beg, which hitherto hath been denied me, which I conceive is not just.

Again, I shall freely declare the maine reason, which makes me that in point of honesty, in being true to my liberty and freedome (which J call my birth-right) I cannot submit to that oath, is this, I conceived all lawes and ordinan­ces in such cases as this is, ought to be universall, to bind all, and not so restri­ctive as the additionall ordinance of accounts is, which ordinance dated Iune 26. 1645. hath this proviso or exemption (of Peeres, Assistant, or Officer of the House of Peeres, or Member, or Officer of the House of Commons) for my part, I judge my self as free a man (though otherwise I desire not to make any comparisons) as any of them, and I conceive, I ought not to be in bondage to that Law or Ordinance, that they themselves will not stoop unto, and that which confirmes my judgement herein is, their owne words in their booke of Declarations fol. 694. where answering the Kings charge laid upon them in point of slavery (they say) for therein we must needs be as much patients as Agents, and must every one in our owne turne suffer our selves, what­soever we should impose upon others, as in nothing we have laid upon o­thers, we have ever refused to doe, or suffer our selves, and that in a high proportion.

But lest some men might think I had received great store of monies, and not disposed them according to the ends I received them for, and therefore avoid this oath, to keep in my hands what I have: I answer, all the while I was with Col. King, the Souldiers were frequently mustred, and most constantly not one pas­sed the muster, unlesse he were upon the place, although he were sick in the same Towne where they were paid, and though I often gave my receit for the money to Colonell Kings servant Thomas Howett, who paid the money, yet most com­monly my Lieutenant received the money, and disposed (I dare say) faithfully and justly, and if either he or I should have defrauded any of them but of six pence, we should have been sure to have heard of it to our shame, and for my owne pay, so much of it as I received, it was from his man (Thomas Howett) who al­waies had my receit under my hand for it: And from before Newark businesse, till we marched to Banbury, I never received a penny for my selfe, either of him, or my Lord Manchester, which then was but six weekes halfe pay, and because my souldiers were promised six weekes pay, as the rest of the Army had, and had but three weekes pay sent them, which set them all in a mutiny at Northampton, in the appeasing of which, J had almost lost my life amongst them, and was necessitated at Dantry (to get them to march) to pay the common souldiers all my own pay, and all my Officers, and to ingage my credit to them for their money, which wee received at Banbury: And after this, there was at severall times paid to my Selfe and Officers, seven weekes pay: [Page 70] as I remember, so that there never came any quantitie of money into my hand; and as I said before, we had a Committee and a Counsell of Warr to oversee us, that we did justice, and if the least tittle could have beene found against me: (of all the men in the Armie) I was sure to have heard of it. And as for Horses and Armes, I never had to my remembrance from the State for my selfe, either Horse, Saddle, or Pistoll, but what I won with my Sword, and for my Regiment, I and the rest of my Officers, recruited it over and over both with Horse and Armes, with our in­dustry and resolution, without 6. d. charge to the State, and as for free quarter, I never had any all the while I was with Col. King and after I commanded my Dra­goones, I and they for the most part eate the bread of Ieopardy and hazard, being constantly quartered in the desparatest place in the Armie, as neere as could be to the enemies Garrisons, which were many in Yorkeshire, where we many times fought both for horse meat and mans meat, and for my part, I thinke this was free prize to us, being not at that time within the possibilitie of Contribution to the Par­liament, but J doe confesse some free quarter I had in the Parliaments quarters, but it was not much, as I can cleerly demonstrate when time comes, I shall receive my money, and I should upon that condition I might have it to supply my necessi­ties, allow a great for every penny worth of free quarter I have really had, although I have three severall times beene pillaged to a good value, and although I have stay­ed a good while for my pay, and although I have spent within lesse then this twelve months, above 200. l. in seeking for it, which in my apprehension is very hard, con­sidering that Col. as divers of the Committee of Lincolne affirme in their printed Articles against him, that he received of them and their countrey about 20000. l. to pay his Officers and Souldiers, yea, and I say divers of them told me he had di­vers thousands of pounds from them while we were at Newarke for that end: and yet he never had the honesty to let me have one farthing of it, and also received pro­visions of the Countrey, gratis, (as by divers I was truly informed) and made most constantly both Officers and Souldiers to buy it.

And my Lord of Manchesters provision of money by Ordinance, to pay his Ar­mie was very large, and the Countreys made us beleeve they made very good pay­ment, and yet if all the rest were like my particular, we received but a very small proportion of it, which makes me wonder what is become of the rest, surely it is either in those mens pockets that hath no right to it, or else it is sunke into the ground, for by the Ordinance of the 22. Ianuary 1643. and others, the allowance is 8445. l. a weeke, besides the Arreares of the five and twentieth part, and also the third part of the Sequestrations, which were worth not a little, and for my part I doe seriously protest, J spent a great deale of my owne money, besides the pay I recei­ved in my Lord of Manchesters service, and therefore doe iustly expect the perfor­mance of the Covenants and Contracts, made with me by Ordinance of Parlia­ment, having faithfully performed my part, and this is but iust (in my iudgement) both by the law of nature, the law of nations, and the law of God, which saith Levit. 19.13, Thou shall not defraud thy Neighbour, neither rob him. The wages of him that is hired, shall not abide with thee all night, untill the morning. And Deut. 24.14, 15. Thou shalt not oppresse an hired servant that is poore and nee­dy, whether he be of thy brethen, or of thy strangers that are in thy land, within thy gates: At this day thou shalt give him his hire, neither shall the Sun goe downe [Page 71] upon it, for he is poore, and setteth his heart upon it, least he cry against thee unto the Lord, and it be sin unto thee, and in the 22. of Jer. 13. God pronounceth a woe against all such men, as detaine and keepe backe, the hirelings, and the servants wages, the words are these. Woe unto him that buildeth his house by unrighteous­nesse, and his Chambers by wrong, that useth his neighbours service without wa­ges, and giveth him not for his worke. Yea and God threatneth to iudge such men as thus practize Mal. 3.5. And I will come neere to you to iudgement, and J will be a swift witnesse against the Sorcerers, and against the Adulterers, and against false Swearers, and against those that oppresse the Hireling in his wages, the Wid­dow, and the Fatherlesse, and that turne aside the Stranger from his right, and feare not me saith the Lord of Hosts.

But you will say the State wants money, and therefore cannot pay you. To which I answer, I have before declared that the Parliament by their owne Ordinances did provide a sufficient proportion for us, which the Countrey saith, they made pretty good payment of, and seeing it was provided for us, and we received it not, wee ought to know what is become of it, and for my part I am resolved before I will loose mine, I will doe the best I can to know what is become of it, though I bee co [...]ed never [...] busie a body for my paines.

But [...] that much of it was laid out by the Parliaments after appointment for other uses then to the payment of that Armie for which it was raised, to which I answer, that in iustice it ought to be repaid backe againe, and truly I doe conceive th [...] i [...] there were a Just strict and severe course taken with all Sequestrators, Col­lectors, Receivers and Treasurers, that have cozoned the state of their mony in their severall offices, there would be mony enough (I verily beleeve) found to defray all charges, for there is a greater reason (in my Judgment) that he should loose his life and estate, that robs and steales hundreds and thousands from the State (yea and o­thers hazard the losse of it for want of supply, and breeds hart-burning &c. which in time may break out into very great mischiefes) then [...] that steales 5. s. or 6. s. or more, and it may be doth it for pure necessitie, having it may be lost all he hath by the enemie and hath also his pay kept from him, and hath not at present a bit of bread to put into his mouth, nor knowes not where to get any.

And I have [...]ea [...] lately of a Committee neere London, that received betwixt two and three thousand pounds for sequestred goods, and never I [...]id [...]ut six pence of it for the States use, and yet when they come to give up their accompts, they are not in­debted to the State, but the State is in their debt for their paines. And secondly, the same Committee hath sequestred betwixt 40 and 50000 l. in land, in a Coun­trey of [...] and neere London, and yet there is not (as I am credibly informed) 6000 l. brought to accompt; so that laying these things together with th [...] Parlia­ments owne words in [...] of their Declarations, I cannot thinke that I shall bee gul [...] of thy [...] (the price of my blood) the first is in folio 46 [...]. where speaking of Huk they do [...] promise and assure them, that every particular good service [...] to be done by any Commander or Souldier serving or to serve therein, shall [...] [...] ­ded, as shall answer the greatnesse of this Kingdome, and the qualitie of [...] service the publishing of which made me beleeve they intended alike to all other [...] whatsoever, as well as H [...]ll.

And secondly, in page 34 [...] they declare, that whatsoever money, Plate, &c. is [Page 72] brought in, shall not at all be imployed upon any other occasion then to the pur­pose they pretend to raise it for, and therefore the moneys levied upon the Associa­tion which was appointed to pay the Earle of Manchesters Armie, ought to be im­ployed for that end and no other.

Thirdly, Their words in folio 498. being then in great straites are; and we doe require all those that have any sence of piety, honour, or compassion, to helpe a distressed state, and to come in to our ayde and assistance, words sufficient to have set the heart of every man a fire, that hath any sparkes of gallantry in his breast, and therefore not easily to be forgotten by those that made them, if there be any sparkes of honesty in their hearts.

In the last place, the Parliament orders that the Vote formerly passed in this house concerning the proceedings against Lieu. Col. Lilburne in the Star-Chamber be forthwith transmitted to the Lords, and likewise ordered that my fine should be taken of, which single Order I got transmitted up to the Lords, and in a few dayes it there passed into an Ordinance in these words.

But although this order of the 10. Novemb. 1645. for the transmission of my whole case up to the Lords, I cannot get it done by all the interest I have, although contrary to the tenour of Magna Charta (which saith iustice and right we will de­ny to none, we will deface to none) I have waited almost this 5. yeares, for that very end, to my extraordinary charge, and expences, although I had these Votes and Orders following, almost 5. yeares agoe.

The Parliament in their first Declaration pag. 13. complaines that multitudes were called to the Councell-Table, who were tyred with long attendance there, but I wish they would be quicker, but what should be the reason I do not know; where­fore I cannot get my case transmitted, I would those that hinder it would tell me, I should exspect no justice from them, and this would be plain dealing, I hope I may without offence (making no application of it) resite what Machiavel in his Prince fol. 138. saith of Alexander 6. that he never did any thing else then deceive men, and never meant otherwise, and alwaies found whom to work upon: yet never was there man would protest more affection, nor aver any thing with more solemn oaths and observe them lesse then he, therfore saith Machiavel, it is more advantagious for a Prince to seem to be pitifull, faithfull, mild, religious, and of integrity, then to be so indeed, and saith the Translator in his Epistle to the Reader, there are many who practise Machiavels principles, and yet condemn him, who willingly (saith he) would walk as Theeves do, with close lanthornes in the night, that they being undescried and yet seeing all, might surprize the unwary in the dark.

But it may be demanded who would you have your reparations from [...] I answer, from those that lawlesly imprisoned me, and those that lawlesly and cruelly passed sentence against me, and those that lawlesly and barbarously made this ensuing or­der against me.

Besides these above-named, the most of which were present at my sentence (as I remember) there was my Lord Chiefe Iustice Bramston, and Sir Henry Vane the elder. And Dr. Lamb, Dr. Al [...]ote, and Dr. Guine committed me.

But some may say your Antagonists are great, and it will be hard to get justice of them, I answer and say, a just and a righteous iudge is no respecter of persons, but will do justice upon great ones aswell as mean ones.

But some will say (as it hath been objected by some to me already) what justice can you exspect from the Lords, seeing they have made Mr. Peter Smart spend 4. or 500 l. with following his businesse before them, after it was transmitted from the House of Commons, and yet he hath not got one penny, although he be ready to starve. To which I answer and confesse it is a hard case, but yet it doth not there­fore follow, because Mr. Smart is foyled in his businesse, that I must give over mine, my principle is this, to go on with that busines that is iust and honest, though it have never so many difficulties accompanying it, and my ground ariseth from Gods pro­mise, which is, to be with his in all just things, and from those incouragements that I find in the 11. Heb Again, if I be transmitted up to the Lords, and cannot get forward there, I am no worse then now I am, but I confidently beleeve I shall get forward, out of the former experiencies of that justice that I have found there, and I will instance 2. particulars, first when I was a prisoner in the Fleet, and had like to have beene murthered by the jaylors, I was faine to ba [...]ricado up my door, and keep them out of my lodging for 17. weeks together, and in [...] height of my extremity, I writ an Epistle in 2. sheets of Paper to the Magistrates of London, and one sheet to the prentices thereof, which was thrown among them one day when they were at their recreations in Moor-fields, which had like to have occasioned the Bishop of Canterburies ruine, for the throwing of which, my maid was taken and carried before Sir Morris Abbet, then Lord-Mayor of London, where there was wit­nesse that appeared to justifie the thing to her face, upon which the Lord-Mayor committed her to prison without a warrant, shewing cause wherefore he committed her, upon which, I in her behalfe the beginning of this Parliament complained of him, for commiting her to prison contrary to law, and Sir Morris was summoned to answer my complaint, and appeared in his gold chain, and velvet gowne, with a great train of Citizens, and I had 2. especially that pleaded for me in point of Law, namely, the right honourable the Lord Brooks, and Lord Roberts, and he had 2. in especiall manner to plead for him, namely, the Earl of Bristol, and the then Bishop of Lincoln, which 4. did canvas it soundly in point of law, and in the conclusion (with all the rest of that Committee) ordered Sir Morris Abbot to pay unto her 10. l. (which he did) for imprisoning her 3. daies contrary to the petition of Right, which commands the cause of the imprisonment to be expressed in the warrant: A gallant peece of justice I say.

Secondly, May 4. 1641. the King accused me of high Treason, and before the Lords bar was I brought for my life, where although one Littleton servant to the Prince, swore point blank against me, yet had I free liberty to speak for my self in the open House, and upon my desire that Mr. Andrews might also declare upon his oath what he knew about my busines, it was done, and his oath being absolutely contradicto­ry to Mr. Littletons, I was both freed from Littletons malice, and the Kings accu­sation at the bar, of that whole House: and for my part I am resolved to speak well [Page 75] of those that have done me justice, and not to doubt they will deny it me, till such time as by experience I find they do it.

Besides, Mr. Smarts case and mine are different in this particular, for any thing J can understand, all those that did him wrong, have their estates sequestred, and the State being in great necessity, it is iudged convenient at present by divers, that the publique should be supplyed before him (though I confesse I conceive he ought in point of law and justice, first to be satisfied, in regard they first wronged him, long before the State tooke any cognisance of any wrong done unto it by them) but for my particular I have not onely to do with those whose estates are sequestred, but some of my adversaries still sit in both Houses, and besides, 2. of them, namely the Earle of Arundel, and the Bishop of London, as I am credibly informed compleatly enjoy their rents and estates, and are neither sequestred, nor are they friends to the Parliament, and therefore I conceive there can be no colour nor pretence to deny me satisfaction from them, and for my part (by the strength of God) J am resol­ved (though I be repulsed again and again) to follow i [...] with all my might, so long as either I have tongue to speak, or hand to write, and to do the best I can to make them as weary, that I know shall deny me justice and right, as ever the importunate widdow did the unrighteous Judge, when she made him say, although he neither feared God, nor regarded man, yet because she troubled him, he would do her justice. Luke 18.5.

But it may be you will say the House of Commons is not at leasure, by reason of the publique, I answer, lesse then an hours time will serve my turn in this particu­lar, and it is very strange in 5. yeares space so much time cannot be found from the publique to transmit my busines, so particularly taken notice of in their first decla­ration to the Kingdom, sure I am they can find time enough to settle great and rich places vpon some of themselves, and to enjoy them, for all their own Ordinance to to the contrary, yea, and I know some of them that at this day hath plurality of pla­ces, and I say the thing I desire of them is more iustly my due, then any of their great places are theirs, and therefore I hope they have no true cause to be angry with me for craving iustice at their hands, being it was the end wherefore they were chosen and trusted, and that which they have sworn to do.

But you will say the time is not now in point of prudence so seasonable, you may spoyle your businesse with being too violent. I answer, away with Machiavel and his politiques, and besides, it may be I have staid so long, that without ruine and de­struction I can stay no longer, for give me leave to add one thing more to all the rest going before, that having by the Bishops means lost the affection of my Father for­merly, which made me that I never when I last begun the world, aske him for any portion, neither did I in all my life receive 6. d. of him (for all Bastwicks lies in his book against me) under that notion and consideration, and he and I of late years falling into a better harmony one with another then formerly we were, I iustly ex­pected some assistance from him in my present straits, by way of portion, but I find this answer ready at hand: Son, I would fain fulfill thy desire, but at present I can­not, for thou knowest our Country was betrayed by those that should have preserved it, and for my affection to the publique, I lost all that ever the enemy could singer of mine, namely, all my stock, my corne, and houshold goods, and the rents of my lands, all the time that the Earl of Newcastle had the North, and now though I have my [Page 76] [...]and, yet being in the Bishopprick of Durham, I can make little or nothing of it nor never had I reparation for any of my losses out of the estates of those that now enioy theirs with advantage, who should have preserved us, but did not, so that I in a manner, am as new to begin the world as thy selfe. I should have a little gone on to have paraleld some things in our present age, with those complained of in the Parliaments first Declaration, and from thence have declared the true causes (in my apprehension) of all thi [...] obstruction of iustice now in the Kingdom, but I am afraid I have been too tedious already, and therefore must leave you in expectation of that another time, intreating you seriously to read, and ponder upon what here J have writ to you, and be not too subiect to passe your censure upon it, untill you have well weighed it, and let him enioy your prayers to God for direction and courage