The LAW Funeral. OR, An Epistle written by Lieutenant Col. JOHN LILBURN, Prisoner in the Tower of London, unto a friend of his, giving him a large relation of his defence, made before the Judges of the King's Bench, the 8. of May 1648. against both the illegal commitments of him by the House of Lords, and the House of Commons, and how that the Judges in open Court, were necessitated to confess, there is by neither of the commitments any crime in Law laid unto his Charge, yet though he was imprisoned for nothing, being committed by a superior Court the Lords, and that upon a Sentence, they could not release him, but remanded him back again Prisoner unto the Tower, which is a full Declaration, there is no Law left in England now, but that the people thereof must be governed by the lust, will and pleasure of the House of Lords, etc. and though they deal never so unjustly with them, to the causeless destruction of their Lives, Estates, and Families, yet the Judges of England (being in deed and in truth mere cyphers) cannot remedy it, because it is done by their superiors, the House of Lords; wherefore the said john Lilburne doth declare his sorrowfulness in his great mistake, in zealously stirring up the people of England to stand up to maintain their Laws, seeing they have none in being, but the will of the Lords, and therefore according to his promise, to the Judges in open Court; he provokes all the Commons of England out of all the Counties thereof, to hasten up to Westminster to the Lords house, and there suffer the Lords (who now have conquered and subdued all their Laws) to boar them through their ears as their vassals and slaves, if they can bear it with patience.  Proverbs 28.1. 
The wicked fly when none pursueth; but the Righteous are as bold as a Lyon.  
Dear Sir,  
AT your earnest desire, I cannot choose but give you, and the world, as perfect account as I can, of all that passed before the Judges of the King's Bench, in reference to myself, upon Monday last, being the 8. of this present May. And in the first place, I must entreat you to take notice, of the reason or cause of my being there that day, which was upon my own earnest desire; for looking upon myself unavoidably in the road way of destruction, in the continuance of my causeless and arbitrary imprisonment, and finding the generality of the House of Commons, (who should be the true and faithful conservators of the Laws and Liberties of England) deaf unto Justice, and their ears and hearts sealed up against it, so that of them, I for my part may almost complain, as the Psalmist doth, they are all gone aside, they are altogether become filthy: there is none that do good, no not one; for they eat up the people as they eat bread, and call not upon the Lord. Psal. 14.3.4.  
I say, at the serious consideration hereof, musing with myself what to do for my own preservation, and the preservation of my wife and little Children (which nature and the Law of God teacheth me to endeavour with all my might) who are all in the eye of reason unavoidably destroyed in my continuance in prison, and I was staved of in my own Conscience, from the use of extraordinary means for my deliverance, till I had attempted what the Judges of the law would do for me, whom I looked upon as my last legal refuge, and supposed they might happily do me some good; but I durst not feed my thoughts with any confident hopes of Justice from them, being they are created, and made Judges by the power and authority of my potent adversaries, and therefore must needs serve their ends, or else be thrown out of their places, yet I was resolved to put all the strength I had to the work; and for that end, I, the 4. of April last writ an effectual letter to the Speaker of the House, & in print intitulled it, The Prisoner's Plea for a Habeas Corpus, & therein print my Petitioned to the Judges of the King's Bench, for my Habeas Corpus, and because Council the last Teime had failed me, and durst not move for me; I was necessitated to write another Epistle the 7. of April 1648. to all the moral honest Englishmen, in and about the City of London, whether Episcopal, Presbyterian, or those commonly called Sectaries, and in print intitulled it, The oppressed man's importunate and mournful cries, to be brought to the Bar of Justice, in which I earnestly entreat them the first day of the Term, being April the 19 1648. to deliver my Petition for me, and get me a Habeas Corpus, which now I thank them, divers of them did; and procured me a Habeas Corpus, which the Lieutenant of the Tower withstood, and did not carry up my body; whereupon I by a new Petition complained of him to the Judges, but they in my apprehension grew somewhat deaf; upon which I was necessitated the very present to write a ruffling letter to Judge Roll, which in print is entitled,  
Upon which letter I had an Alias granted me, with a penalty of 40 l. which the Lieutenant obeyed, and accordingly upon Monday last, sent my body to Westminster, where I arrived betwixt 8. and 9 a Clock, and found both the Judges and my Grandee Adversary, Solicitor, Sr. john, etc. very hard at whispering discourse, near the Chancery Court, and upon the Judges going to the Bench, I stepped to the Bar, and presently the Lieutenant of the Tower was called to make a return of his Habeas Corpus, whereupon his Servant Mr. Comport and my Keeper, made answer, here was the Prisoner Mr. Lilburne at the Bar, upon which the Judge asked him for the return, and he told him he was but a Servant, and at the Command of the Lieutenant, had brought up the body of Mr. Lilburne, which was all the return he had, and immediately the Lieutenant himself, as I conceive, gave in the return, and then Mr. justice Bacon demanded of me, where my Council was, and being standing up upon a high place before the Bench, with a loud voice I answered him, I had none, neither would I have any, but desired to cast the weight of my Cause upon my own abilities, which were sufficiently able to enable me to plead my cause myself before them; and therefore Sir, said I, (with a shrill voice) I crave and demand at your hands, as my natural and undoubted right, the same benefit and privilege that Paul always enjoyed from the hands of the Pagan and Heathen Roman Judges, who always gave him free liberty as his Right to plead his Cause before them, and to speak in the best manner he could for himself; but Sir, if you will not follow that just example of the Pagan Roman Judges, Then in the second place, I crave the same privilege from you, that I enjoyed from the hands of the Caviliers at Oxford, who when I stood before Judge Heath for my life, (being arraigned in Irons for High-Treason, in levying War by the Parliaments Command against the King,) he nobly told me, he would give me the utmost privilege that the Law of England would afford me, and further declared unto me, it was my right by Law to plead for myself, and say whatsoever I could for myself, which he freely without any interruption gave me leave to do; and Sir, I hope you will not be more unjust unto me, than the Pagan Roman Judges were to Paul, or the Caviliers to myself at Oxford, in denying me my privilege to speak and plead for myself.  
Whereupon Mr. Justice Bacon replied, and said, Sir, it is a favour that you are permitted to plead by council. Sir, said I, by your favour, I do not judge it so, and besides I desire Mr. justice Bacon, with all respect unto you, and desire to let you know: I do not come here to beg bones or courtesies at your hands, but I come here to claim my right, & do with confidence tell you Sir; that it is not only my undoubted natural right, by the light and Law of nature; yea and by the ancient common Law of England to plead my own cause myself, if I please, but it is also the natural and undoubted right of every individual Englishmen, yea and of every man, upon the face of the Earth, in what Country soever; and therefore, Sir, I demand from you, liberty to speck frealy for myself, not only by the Law of nature, but also by the ancient Common law of England, freely telling you that I Judge my cause of that consequence to myself, and all the Commons of England, that I will trust never a Lawyer in the Kingdom to plead for me, and therefore again demand to as my right, leave to plead myself, the which if you will not grant me I have done, and have no more to say to you, whereupon the judges commanded the lawyers to make me room and called me close to the Bar, where I did my respect unto them, and they caused the return to be read, which consisted of my commitment from the Lords the 11 of july 1646, & my commitment from the Commons. 19 jan: 1647 and a late order of the commons to command the Lieutenant of the Tower, upon removeall of his prisoners not to remove the 4 Aldermen, nor Sir john Maynard, nor myself; which return in the conclusion hereof I shall insert, and then as I conceive because some of the return was latten, judge Bacon asked me if I understood it, and I said, yes, for I had cause enough given me so to do; whereupon he begun to tell me I might easily perceive I was Committed by the Lords upon a Centence, and begun to amplify their power, as a superior court, whose actions were not to be questioned or controlled by the Judges of the King's Bench, because they were inferior to them.  
Unto which I replied. Sir, I desire the return may be ordered to be entered upon record, and this I pressed divers times, and desired that if the Lieutenant had any thing to add to the return, he might now speak, or else forthwith it might be made a record, and he thereby debarred of making additions to it which was accordingly done, and then I pressed to be hard, and said, Mr. Justice Bacon, I desire to keep you close to my business which is thus, I am in prison and having no crime laid unto my charge by those that do commit me, (as clearly appears unto your Honour by the return, for generals, you know better than I do, are no charge nor crimes in Law,) and therefore according to the law I crave leave to make my exceptions against the return, & when I have done, I shall willingly submit my discourse, my cause, and my person to your Judgements and consciences; but I pray, hear what I can say for myself and my liberty, or if you will not command me silence, I will obey you; And then Mr. Justice Roll spoke like wise to the Lords power, and would also have staved me of from going on, but I pressed still to be heard what I could say against the return, and he pressed me to keep close unto it, and not be extravigant in meddling with impertinences, but I told him, I did not know what he would judge impertinences, & therefore pressed hard to be heard, telling him, if I spoke that which by Law I could not Justify, they might the easier tripped up my heals, but I assured him, I was an honourer of Magistracy, as being the chief means God had appointed to keep the world in order, and therefore I was resolved to speak with all honour & respect both unto their office and persons; so I had leave granted to go on, and having my plea in a readiness, writ, I put on my spectacles & held it before me as the Lawyers do there Briefs, and begun, and said as was contained in my paper which I shall give you, as I had penned it before I came to the bar, though I confess I had many bickering interruptions by both the judges, which in the best manner my memory will serve me, I shall note in the Magent, as I go on with my discourse, which thus followeth.  
Mr. Justice Bacon, I do ingeniously confess, that I judge Universal safety to be above all Law, and that it is the ouldest Law of any in the Kingdom, and therefore I shall not dispute, in the least, the Parliaments irregular actions, that they were necessitated too, for common preservation in the height of the Wars, but the Wars being ended, as they themselves declare they are, (in their late Declaration against the Scotch Commissioners) and thereby the affairs of the Kingdom reduced into a more peaceable and hopeful condition then heretofore; wherefore I may now groundedly from the full stream of all their Declarations, and promises; expect, challenge, and look for the absolute benefit of the Law, and the common justice of England, in the ordinary courts of Justice thereof; which they have declared, and promised they will not now interrupt, (See their Declaration of the 17. of April, 1646. 2 Part. Book Declam. pag. 879 and their Ordinance, of none addresses to the King, in january last, where they promise the people, though they lay the King aside, yet they will notwithstanding govern them by the Law, and not to interrupt the ordinary course of Justice, in the ordinary courts thereof; And therefore Mr. Justice Bacon, I am not a little glad that I stand before you at this Bar of Justice, which is bounded by the Law (where I never was before) for seeing that the great Judge of all the world, Styles himself to be a God of judgement, Esa. 30.18. and further saith of himself, That I the Lord love judgement and hate robbery for  offerings. Esai. 61.8. and therefore lays his command upon Judges, those gods upon earth, Psal. 82.6. That they shall defend the Poor and Fatherless, and do justice to the afflicted and needy, and deliver them out of the hands of those that are to strong and mighty for t'him; and that they shall judge righteously betwixt a man and his brother, & his neighbour, in justifying of the righteous, and condemning of the wicked, without wresting judgement, or respecting persons, but that with judgement they shall bear the small as well as the great; and above all, that the Judges shall not be afraid of the face of man; for saith he, ye Judge not for man, but for the Lord, who is with yond in judgement; and therefore (saith he) take heed and dye it, for there is no iniquity with the Lord, nor respect of persons, nor taking 
(a) Exod. 18 21. & 23.2.6.8. Deut. 1.16.17. & ch. 16.19. & 25.1. & 2 Chro. 19.6.7.  of gifts.  
And as God is thus delighted in doing Justice, and Judgement, so on the contrary side, he hath declared, he as much abhors those that turn Judgement into wormwood and ganle, and leaves of righteousness in the earth, and commits mighty sins in afflicting the just, in taking of bribes, and turning aside the poor in the gate, from their right. 
(b) Esa. 1.23.24. & Jer. 5.28.29. & 22.16.17.18. & Amos 5.12. & 6 12, 14. Mic. 3.9.11. & Zek. 8.16, 17.   
And that, Sir, which adds unto my gladness is this, that now I stand not before Arbitrary Judges, which judge themselves bounded by no law, or rules, either of God or man, but are left lose unto the reins of their depraved, corrupt lusts and wills; by virtue of which, I have not a little been tossed and tumbled from Gacle to Gaol, and not for some few hours, days, weeks or Months; but for some years: without having any legal crime laid to my charge, or ever been brought out unto any Legal trial; But Mr. Bacon, here I stand before you, who are sworn, and proper Judges of the Law, Ye of the Law of England, with that learned Lawyer, Sir Edward Coke, often styles a Law of righteousness and mercy, especially, to Prisoners in my case, 
(c) 1 Part. insti. Sect. 438. fo. 260. & 2 Part. instit. so. 42 43.46.55.56.115.186.189 190.526. & 4. Part. instit. so. 168.  who have been almost this two years imprisoned, First, By the House of Lords; and then Secondly, By the House of Commons, for nothing, as clearly appears unto you by my Warrants of Commitments, which only charge me with generals, and generals are no charge, nor crimes in 
(d) 2 Part instit. so. 52.53.315.318.591.615.616. and 1 Hart Book declare. pag. 38. 77. 201. 845. and the Votes upon the impeachment of the 11. Members, and the Petition of right, 3 C. R. and the Act that abolished the Star-Chamber, 17. C. R. Printed in my Book, called The People's Prerogative, Pag. 22. 23. 24. 25. 26.  Law but if they were (as they are not) Yet those (viz. the Lords and Commons) that made them, were never betrusted by the Law, to be the executors of the 
(e) See the 14. and 29. Chapters of Magna Charta, and the exposition upon them. 2 Part. instit. fol. 29.46. etc. and the Petition of Right, and the Act that abolished the Star-Chamber, and Rot. Parl. 5. R. 2. num. 45. & Rot. Parl. 1. H. 4: Mumb. 14. numb. 79. & 5. H. 4. chap. 6. & 11. H. 6. chap. 11. & 23. H. 6. chap. 11. & 15. & 4. H. 8. chap. 8. & 1 & 2 P. & M. chap. 10. & 4 Part. instit. fol. 25. and 1. Part Book Decl. pag. 48. 278.  Law.  
And therefore, Mr. Justice Bacon, with all honourable and due respects upon your Office and persons, I desire with as much brevity as I can, to make my defence against both the Warrants of my commitments, and I shall crave leave to observe this Method.  
First, although I grant that the House of Commons and the House of Lords, have by the Law and Custom of England, their proportionable power and interest in the making and repealing of Laws: yet I do aver that neither divided nor conjoined, they are not in the least betrusted to execute the Law; but your honours, and the rest of the sworn Judges, Justices of the Peace, and the Constables, etc. are by Law betrusted to be the sole and only executors of it.  
And that no Commoner of England, is to be restrained of his liberty, by Petition or suggestion to the King, or to his Council, unless it be by indictement, 
(f) 5. Ed. 3. ch. 9 & 25. E. 3. ch. 4. & 37. Ed. 3 ch. 18. & 38. E. 3. ch. 9 & 42. Ed. 3. ch. 3. & 11. R. 2. ch. 6. & 2. part instit. fo. 46. and Petition of Right, and the Act that abolished the Star-chamber.  or presentment of good and lawful men, where such deeds be done, and no Commoner of England is to be passed upon, to lose either life, limb, liberty, or estate; but by legal Trial by a Grand jury, and Petty jury of his peers or equals, which Sir Edward Cook calls the ancient and undoubted Birthright of an Englishman, 4 part insti. fol. 41. before a sworn judge of the Law in the ordinary Courts of Justice, the proofs to be in cases of Treason, etc. by two sufficient witnesses at least, plain and upon their Oaths, 
(g) See the 14. and 29. Chapter of Magna Charta, and 2. part instit. fo. 29.46.50. and the Petition of Right, and the Act that abolished the Star-chamber, and the case of the Corporation of Cambridge, Rot. Parl. 5. R. 2. Num. 45. and the notable Plea of A. B. a Citizen of London, pag. 24. and 5. part. insti. fo. 25. and 1. Ed. 6. ch. 12. and 5. and 6. E. 6. ch. 11. and 13. Eliz. ch. 1.  And Mr. justice Bacon by Law, a Lord of the Parliament is not so much as to be of the Jury of a Commoner, as learned Sir Edward Cook declared, 1 part. insti. sect. 234. fo. 156. and if by Law he cannot be of his Jury, much loss can he be his absolute jury and judge both.  
And also by the Act that abolisheth the Star Chamber this present Parliament 17. Car. Rex. it is firmly and strongly enacted, that all Laws, Orders, Ordinances, judgements and Decrees, made in diminution of the 29. Cham of Magna Charta, and the Laws before recited, are and shall be null and void in Law, and holden for error; and therefore at present to conclude this point about jurisdiction, I shall wind it up with Sir Edward Cooks words in his proem to his 4. part institutes, viz. That the bounds of all Courts are necessary to be known; for as the Body of a man is best ordered, when every particular Member exerciseth its proper duty; so the body of the Commonwealth is best governed, when every several Court of justice exempteth his proper jurisdiction; But (saith he) if the eye, whose duty is to see, the hand to work, the feet to go, shall usurp, and increach one upon another's works, as for example, the hands or feet, the office of the eye to see, and the like; these should assuredly produce disorder and darkness, and bring the whole body out of order, and in the end to destruction; so in the commonwealth, Justice being the main preserver thereof, if one Court should, usurp or encroach upon another, it would introduce incertainty; subvert justice, and bring all things in the end to confusion.  
But Sir, I shall at present in this place, spare the full opening of my plea, in this particular, and reserve it to the place most fit for it.  
And therefore I shall infist upon the 2 part of my plea, which is, that the matter and form of my Warants of commitments are illegal, the legality of which ought, as Sir Edward Coke declares in his 2. part instit. (which is published by the present House of Commons for good law to the Kingdom, as appears fol. ult.) who therein fol. 52.590.591. expressly saith, 5. things are essential in Law, to the making of a commitment lawful, viz. 1. That is be by dur Process or proceeding in Law. 2. That he or they that do commit have lawful authority. 3. That this warrant or mittimus be lawful, and that must be in writing under his hand and Seal. 4. The cause must be contained in the Warrant or Mittimus, and that not in general terms, but in particular, as for treason, then for what particular Treason; and of for felony, then for what particular felony; and if for misdemeanours, then for what particular misdemeanour. 5. The Mittimus containing a lawful cause, must also have a lawful conclusion: viz. and him safely to keep until he be delivered by due course of Law, and not until the party committing please, or doth further order, or for 7. years; Now Mr. Justice Bacon, all and every of these particulars I do aver, is wanting in both my Commitments. For, first, there was no due Process of Law against me, no Bill filled, or Indictment preferred, nor no legal complaint exhibited against me, neither did I see any legal prosecutor, before I was originally committed, no, nor not to this present hour, although I have been almost two years in Prison; First, in Newgate; and then secondly in the Tower devorsed from my wife, debarred of my friends, deprived of pen, Ink and paper.  
But I desire to cease this at present, and go on to the main things. And therefore 2. I aver that by the known Law of this Land, neither of the Speakers of either House, nor neither House themselves, have the least shadow or colour by any declared and known Law of England, to commit the meanest Commoner of England (that is not one of there members) to prison, either for treason the highest crime (for that is expressly to be tried by the common Law, by people of the neighbourhood of the same condition, as appears by the 25 Edward 3 chap. 2. and 1. & 2. Philip & Mary Chap. 10.) yea, and it lies not in the whole Parliaments power to punish any man, for any crimes which they shall call treasons, but what is clearly declared, and fully expressed to be treason by the statute the 25 Edward 3 Chap. a as appears by 1 H. 4 Chap 10. and the 1 M. Chap 1. Or for breach of the peace, although it be in affronting, beating or wounding of any Parliament man, (for that is expressly ta be tried in the King's Bench. 5 H 4 Chap. 6. and 11 H. 6 Chap. 11) Ye although a sheriff by law, is to pay 100 l. to the King, and to suffer a Years Imprisonment, etc. without Bail or mainprize; for every false return of a Knight of the Shire, that he makes, yet by Law, neither Houses are to be Judges in this very business, so immediately concerning the House of Commons, but it shall be examined and tried before the Justices of Assizes in the Sessions of Assize, 8. H. 6. Chap. 7. & 23. H. 6. Chap. 15. yea the Parl. or the House of Commons, are not to punish those that will not pay them their wages; for their service done in the Parl but the refusers are to be punished by the legal administrators of the Law in the ordinarte Courts of justice, 23. H. 6, Chap. 11.  
Now Sir, if the Parliament, or the two Houses either conjoined or divided, cannot exercise executive Justice in these things so nighly concerning themselves, much less in things more remote, as my case is, who if I were guilty of the thing laid unto my Charge, yet they are only and alone tryable and punishable at the Common Law, and not in an arbitrary uncertain way in either or both Houses, the rules of which certainly no man in heaven or earth knoweth; and saith that worthiest of English Lawyers Sir Edward Cook, in the Proem to the third part of his Institutes: It is a miserable servitude, or slavery, where the Law is uncertain or unknown.  
And I know, you know, it is a received Maxim in Law, that the Parliament is not to meddle with judging or punishing that which appertains and belongs to the Common Law, but my pretended crimes have their punishments appointed by the Common Law, and are there only to be tried and punished, and therefore in the least belongs not unto the Parliaments Cognisance or Jurisdiction: Nay, the Parliament men themselves, for Treason, Felony and breach of the Peace, are not privileged in the least from trials at Common Law, as appears by the fourth part Institutes, fol. 25. and the Lords and Commons confess the same in their Declarations, 1. part pag. 48. 278. The Common Law of England, which is right reason (or as Sir Edward Cook styles it, the absolute perfection of reason, 2 part Instit. fol. 179.) hateth all partiality or faction in trials, which would avoidable be, if the Lawmakers should in any case be the Law-executioners; and besides the legal benefit of final appeals to the high Court of Parliament, (which I judge in Law to be the whole and entire Parliament and not a single House) would be hereby totally destroyed; for if they should be impowered by Law to be Executers of it, and should (as it is possible they may) do me wrong & injustice, I am thereby, by power, destroyed with out remedy, which the Law abhors; and therefore the wisdom and reason of the Law is such to betrust Judges that rationally are liable to an account in full Parliament, and them only to be sole Executors and Dispenser's of the Law betwixt party and party; and not to betrust the whole Parliament, or any part of it, with the executing of the Laws, but only to betrust them, as their fittest work, with a power to repeal those Laws that are amiss, and to establish and make better in their places. But the Laws, while they remain Laws and unrepealed, are as binding by Law to themselves, as the meanest men in England, and they have no privilege of exemption from them, saving in freedom of speech within their respective Houses, (for which they have an act of Parliament to indemnify them, as appears by the 4. H. 8. ch. 8.) and freedom from arrests for them and their servants etc. during the sitting of Parliament, which the Law supposeth not to be long; much less seven years, (which is a destruction to our fundamental rights, viz. Annual Parliaments (or at least Annual Elections) as appears by the 4. Edw. 3. cha. 14. & 36. Ed. 3. ch. 10. both which are confirmed this present Parliament by the triennial act in (16. Car. Rex) and yet if any Parliament-mans' servant be imprisoned, the House of Commons themselves by Law cannot deliver him, but it must be by a Writ out of Chancery, and the member must make oath, that the party for whom the Writ of privilege is prayed for, was his servant at the time of the arrest made; all which appears in the Case of one Mr Hall, the 22. of Feb. 18. Eliz. whose servant being arrested and imprisoned, a Committee of the House reported to the House, they could find no precedents for the delivery of him, but in the way before mentioned, whereupon Mr Hall was appointed by the House to go to the Lord Keeper, and to do accordingly.  
And if they cannot deliver one that belongs to themselves, and privileged by the Law of Parliament, (but not by the known & declared Law of the Land) nor punish him themselves, that in the execution of the Common Law of England broke their privileges, much less in Reason and Justice can they commit or release one that is far remote from them, and doth not by privilege belong unto them, the last of which is my present case; and therefore no colour in Law hath the House of Commons to commit me to prison.  
And as for the House of Lords, the Petition of Right expressly saith, That no man ought to be adjudged to death etc. but by the established Laws of the Land; and the express established Law of the Land is, That no Freeman shall be taken, or imprisoned, or be deseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, nor condemned, or any otherwise destroyed, but by the lawful judgement of his Peers, viz a Jury of his Equals, of the same neighbourhood where the crime is committed (being brought in to answer by due process of Law, by Indictment, Presentment, or Writ original according to the course of Common Law) but the Lords are none of my Peers or Equals, and therefore are none of my legal Judges, nor have not the least Jurisdiction (in any case whatsoever) in the world over me.  
And though they should have a thousand precedents, to show they have exercised Jurisdiction in the like case of mine, they are worth nothing, because they are all and every of them against the 29 Chap. of Magna Charta; and are therefore expressly declared by the Statute that abolished the Star Chamber, 17. Car. Rex, this present Parliament, to be null and void in Law; and to be holden for Errors and false Judgements. And as for precedents against the Lords and Commons Jurisdiction in my particular case, one precedent against them is of more consequence than a thousand for them, and the reason is evident, because, as Sir Edward Cook often declares, all Courts of Judicature are bottomed upon the Law of the Land: and it cannot be supposed that any Court can be miscognizant or ignorant of its proper Jurisdiction. And for the Lords, they have confessed in the 4. of Edw. 3. Rot. Parl. 2. in the case of Sir Simon De Berisford, that it is against the Law for Peers to try Commoners, and have promised and enacted (or at least ordained) that they neither shall, nor will do the like again, though that occasion were superlative, viz. about the absolute murder of King Edward the second. And  
Secondly, although the Mayor etc. of the Corporation of Cambridg were, by the Kings Writ out of Chancery, summoned before King Richard the second in full Parliament, and there impeached of horrible Treason, committed and acted in levying War against their sovereign Lord and King, and being expressly within the Statute of Treasons made in the 25 of Edward the 3. Cham 2. And though they surrendered up the Charters of Cambridg in open Parliament, unto the will and pleasure of the King, as forfeited into his hands by their Treason and Rebellion, yet as to the point of Treason they by their Council expressly pleaded, that the King and his Lords assembled in Parliament had no Cognizance or Jurisdiction there to meddle with Treasons committed by them, and saith the Record, (which under the Register or Record Keeper's hand of the Tower I have to show unto your Honour, if you please to have it read) they alleged divers reasons therefore, and the King and the Lords by their silence allowed of their plea as good in Law, and let them go without any punishment there, for their notorious Treasons, as appeareth Rot. Parl. 5. Rich. 2. membrana: 9 num. 45.58, 59 which is supposed in reason they would never have done, if their own consciences and knowledge had not told them, that by Law they had not the least Jurisdiction in the world over Commoners in any case whatsoever: For if not in Treason the highest, then much less in misdemeanours the inferiorest (which is the most that ever they laid to my charge.)  
And if the King and Lords have not Jurisdiction over Commoners, much less the Lords without the King, and much less that House of Lords that hath laid the King, their fountain of power and honour, aside, as unfit to be addressed unto any more, (and yet have not essentially or avowedly altered the Government of the Kingdom;) seeing by their Writ of summons and all their own Declarations, they own nor challenge no power unto themselves but what they derive from him, and therefore by their own principles, and by the Law itself, they have unpowered themselves and totally overthrown and destroyed their Jurisdiction, and now cannot legally or rationally be called a Court of Justice or a House of Parliament in any sense, as clearly appears by the 4 part Instit. chapped. High Court of Parliament fo. 1.366.46. the King being in Law, as Sir Edward Cook there declares, the head, the beginning, and the ending of the Parliament; and in reason it is impossible, where there is no primitive, there should be any derivative: and therefore I do positively conclude, that the Lords have both by Law and Reason unpowered themselves, and destroyed their House from being a House in any sense, and therefore have not the least shadow or colour of Jurisdiction over me, or any Commoner of England.  
And besides I find in the time of this present Parliament many Precedents of the House of Commons, in putting out their extraordinary & necessitated power to redeem and rescue the Commons of England out of the devouring paws of the Lords illegal and usurped 
a Here Judge Bacon interrupted me, and told me they could not suffer the Lords to be arraigned before them in that manner that I did, and therefore pressed me to cease all such expressions, unto which I replied, Mr Justice Bacon I cannot make my legal defence for myself, unless I speak against the non-Jurisdiction of the Lords, but to show my respect to you, I shall avoid all harsh words as much as the weightiness of my business will suffer; and therefore Mr Justice Bacon, I humbly entreat you I may be suffered to go on, and then when I have done, pass your Judgement upon my defence; so I went on.  Jurisdiction over them, as appears, First in Colonel Edward King of Lincolnshire, committed by the Lords to the Fleet, by the power and interest of his then professed adversary the Lord Willoughby of Parham, and upon his appeal to the House of Commons, in high affront to the Lords pretended Jurisdiction, they released him out of the Fleet about the year 1644.  
Secondly Captain Macy belonging to Colonel Manwaring of the City of London, being upon his guard at the Works, seized upon divers letters of the Scotch Commissioners, and broke them open, about which the Commissioners grievously complained to the Lords, who thereupon clapped the said Captain by the heels in the Fleet, and myself with divers others being Solicitors for the Captain to the House of Commons, they honourably to him, and in high contempt of the Lords usurpations delivered him out of prison about the year 1645. and were upon debate to give him a large sum of money for his unjust sufferings.  
Thirdly, upon the Lords committing and censuring of me, I appealed to the House of Commons, and they received my Appeal, and ordered me my liberty De die in diem, to follow my Appeal, which in my understanding, is in Law a supersedias both to their Commitment and Judgement.  
Fourthly, Mr Richard Overton, who affronted the Lords as much as any man that ever came before them, and protested to their faces against their Jurisdiction over Commoners, and appealed to the House of Commons for Justice against them, and after that appealed to all the Commons of England, and particularly to the General and the whole Army; and yet notwithstanding the Lords approved of his protestation etc. against them, by delivering him by their special order out of the prison of Newgate, without overruling him, or punishing him, or his stooping to them.  
Fifthly, his Wife and his brother Thomas Overton, walking in some measure in his steps, were justified therein by the House of Commons, in receiving their Appeals; yea and by the Lords themselves, by delivering them without any punishment or judgement out of prison, and without any their stooping or submitting to them. Sixthly, these very proceed were the case of Mr William Larner Bookseller, his brother and maid; so that laying all the premises together, it is undeniably evident, that the present House of Lords have not the least Jurisdiction in the world over me or the meanest Commoner of England in any case whatsoever; (for if not in Treason the highest, much less in Misdemeanours the lowest); and therefore all their fines upon 
b Here I was necessitated, by reason of the Judges often falling foul upon me, to express myself in general words, in this manner, and therefore all their fines upon any of the Commons of England, for not obeying their Warrants or Orders, in order to trials before them, and refusing to kneel at their Bat in contempt of their Jurisdiction, are illegal, and null and void in Law, and all those Gaolers, Officers or Ministers, that put them in execution, are subject in Law to make the party molested satisfaction for their wrongful molestation.  Sir John Maynard, Sir John Gayer, Alderman adam's, Alderman Langham, and Alderman Bunce, for refusing to kneel at their Bar, are illegal, and void and null in law and reason both, for all the Lords proceed with them from first to last, are coram non Judice, and the Lieutenant of the Tower etc. liable at Law to make them satisfaction for his unwarrantable executing of their illegal and unbinding Orders and Warrants upon them: And indeed, to speak the truth of the arbitrary and tyrannical proceed of the House of Lords, they are so illegal and irrational, 
c Here again, the Judges interrupted me, and told me, they must not hear such language of the Lords, and therefore pressed me to keep close to my exceptions against the return, or else they could not let me go on; so after I had expostulated it pretty well with them, and being in an extreme longing desire to come to the main pinch of the business, very well knowing I had a smooth, but yet a sharp sting for them in the conclusion; I told them at their commands I would at present so far obey them, as skip over part of my matter, and did it to the next line where you shall find this mark ☞  that to set them up in the way they have lately gone in is to pull down all the Judicatures of the Kingdom, and to destroy all the Laws of the Land (in the destruction of which there is a perfect levelling of meum & tuum which is totolly overthrown thereby) and it is also a re-edifying of an arbitrary, tyrannical, unlimited and unbounded Government (worse than empson's and Dudleys', strafford's or Canterbury's, for which yet they all lost their lives) many stories higher than ever the Star-Chamber, High Commission, or Council Table were, (which yet were arbitrary enough, as appears by the Acts made 17. Car. Rex, for abolishing them) and indeed it behoves all the rich men of England well to look about them in reference to the Lords: For if a company of men, by virtue of their being made Peers by the King or his will and prerogative, may at their pleasure and wills, without all shadow of Law or Justice, fine one Commoner of England more than he either is or ever was worth (as they have done me, upon whom they have set a fine of 4000 l.) by the same rule of right reason and Justice, they may, at their pleasures, rob all the rich men of England, by Fines, of all that ever they are worth; yea, and by the same reason and justice, share it and divide it amongst themselves, and so have better places abundantly of it then ever the Earl of Dorset had, by being a privy Counsellor and Judge of the Star-Chamber, which yet, if some that well knew him, belie him not, was worth many thousand pounds, per annum, to him in an underhand way; and besides, if the Lords can persevere, and hold on, as they have lately begun, the King was very unwise to call a Parliament, and of, and from them to seek for subsidies, seeing the workmanship of his own hands, (the Lords, by virtue of their having his prerogative stamp upon them,) is able to fine by their wills, a Commoner of England more than he is worth, and therefore may much more legally fine all the Commoners of England at their pleasure, a quarter, half; three quarters, or all they are worth, and so fill the Kings (or their own) Coffers at their pleasure full, and get in to them all the money of England; therefore let rich men look about them in this particular, and in a second regard also, more dangerous than this; forasmuch as it concerns life, let all men, I say, look well about them, for I am confident of this, that I suffer so much Barbarism from Cromwell, and his Creatures, who are not willing to come to a trial with me, for the Lieutenant of the Tower hath already denied me the benefit of the Law of England, in not obeying my first Habeas Corpus, and would not suffer me without fresh struggling to come to a legal trial, and thereby have before the sun convicted themselves of wickedness and unrighteous dealing with me, for saith Christ, John 3.20. Every one that doth evil hateth the light, neither cometh to the light, lest his deeds should be reproved or discovered; I say, I am confident I suffer so much from Cromwell etc. for opposing and throwing down the Lords Tyranny, which he did, and still (is evident) he doth intent to make the arbitrary (yet seeming legal) axe to chop off the head of every man in England, he hath a mind to destroy any otherwise then by wilful murder, as he did Richard Arnal at Ware: and having been under God, the chief Instrument to break him of that damnable and wicked design, he and his Creatures, therefore are as mad at me as so many mad men, etc. Although they have done so much already in destroying the Law, and setting up Arbitrary Tyranny, that I will make it good with my life, divers of them, viz. of the House of Lords, etc. better deserve Tower hill, therefore, then ever Srafford did; but what a company of foolish, silly Creatures are Cromwell, and his confederate Grandees, who would pretend to give those Commoners of England a trial according to Law and Justice, 
☞  whose lives they would take away by a trial before the Lords, 
* Here I began, and said, Sir, what an errational thing is it for the Lords to go about at their bar to try Commoners for their lives, when as men that know the Law, etc.  when as men that know the Law of England, fully knows, that if the present Lords were a true House of Lords, (as before I have fully proved they are not) yet they were not able legally to try one of themselves, for though the body of their House (in case they were twelve or eighteen, and under they cannot be) should be in the nature of a grand Jury, and petty Jury, and so the Judges of matter of Fact, yet they must have a Judge of matter of Law too, and that must be a Lord high Steward, which they neither have, nor are able legally to make, and therefore have no colour of power in Law to try one of themselves, much less a Commoner, that is none of their Peer or equal, whom the Law hath again and again expressly prohibited them to meddle with; but enough for the Lords at present, and now two things more distinctly for the House of Commons.  
First, admit, they had a Jurisdiction in executing the Law, (which I have before already fully proved they have not) yet all Courts of Justice established by Law in England, are bound and tied to Judge no man but by witnesses, sworn according to the Law, they being the evidence to the Jury and Judge, 3. part instit. fol. 163. But they never put Masterson, my accuser, to his oath, in his Information he delivered against me, (although he were but a single informer, never any man of all the large company besides himself appearing against me,) and therefore no shadow or colour for the House of Commons to adjudge or condemn me to prison thereupon, seeing no man whatsoever can be condemned by any Court in England without witnesses, sworn against him according to Law; but if he had delivered what he did deliver against me upon his oath, it had been never the legaller, because they have no power, nor never had to administer an oath, and therefore cannot by the Law of England in the least pretend any Jurisdiction over me in cases Criminal, or any power at all to commit me to prison; for where the Court hath no authority to hold plea of the Cause, there all proceed are Coram non Judice, and there perjury (though Masterson had sworn never so falsely) cannot be committed; and so against all reason, a man is left at liberty to say without fear of punishment what he please, because it being not in a Judicial Proceeding, no perjury can be committed by Law; and that the House of Commons hath no power to administer an oath is evident, in that the Law gives them none, nor they never practised it; and therefore, if they would now put it in use, they cannot legally of themselves now begin to do it: For as learned Cook saith in his Chapter of perjury, 3. part. instit. fol. 165. An oath is an affirmation or denial of any thing lawful and honest, before one or more, that have authority to give the same for advancement of truth and right, calling Almighty God, the searcher of all hearts, to witness that his Testimony is true, so that (saith he) an oath is so sacred, and so deeply concerning the Consciences of Christian men, as the same cannot be administered to any, unless the same be allowed by the Common Law, or by some Act of Parliament; neither can any oath (saith he) allowed by the Common Law, or by Act of Parliament, be altered, but by Act of Parliament, no nor a new oath raised, and therefore he declares it to be a high contempt of the Law of England, for any man to administer an oath without warrant of Law, and to be punished by fine and imprisonment, and of all 
a And here I skipped seven or eight lines to this mark ☞  oaths in use in England: This oath of Confirmation, for deciding and ending of Controversies, is the only and alone warrantable oath by the Law of God, Mat. 5.34, 35, 36, 37. and Heb. 6.16, 17. James 5.12. And as for other oaths, I know no use in the world of them, for those men that do not love things that are excellent, for the excellency inherent in them, will never love nor honour them for oaths sake.) But ☞ the House of Commons wanting a legal power to administer an oath, it is a clear demonstration and proof, that they have no power or Jurisdiction at all in Law, to decide Controversies betwixt a man and his neighbour, especially in times of peace, when all the ordinary Courts of Justice are open, and therefore have no shadow or colour in Law to adjudge or commit any man that is not a Member of them to prison.  
And in 
b But all this precedent to avoid disputes I skipped over, for the Judges pressed that the House of Commons owned the Lords Jurisdiction in some cases, to which I answered, I owned it as well as they, and told them I was willing to give the Lords as much Jurisdiction without dispute as they desired, to Judge, condemn and destroy one another, so they would not meddle with me, nor my fellow Commoners: and I was confident, if the Lords distinctly, as a single House, had any Jurisdiction at all in Law, it was but over themselves, and as much of which as they please to take, I am willing without dispute to grant them.  the second place, That the House of Commons have no judgement or Jurisdiction by Law, clearly appears by their own confession in the roll of Parlialiament, in the 1. H. 4. Membr. 14. Num. 79. which this present April, I had under Mr. William Riley, the Record-Keepers hand, which at the Bar I am ready to produce, and which thus in English verbatim, followeth.  
The third day of November the Commons made their Protestation, in manner, as they made it at the beginning of the Parliament, and over and above declare to the King, That forasmuch as the Judgement of Parliament belongs only to the King, and to the Lords, and not to the Commons, unless it please the King, of his grace especially showed them, that the said judgement was for their ease, and no record shall be made in Parliament against the said Commons, that they are, or shall be, parties to any judgements given, or to be given hereafter in Parliament. To which was answered, by the Archbishop of Canterbury, by the King's command, that the said Commons shall be Petitioners and Demanders, and that the King, and the Lords, at all times, have had, and shall have by right the judgement in Parliament; in manner, as the said Commons have showed, unless it be in Statute affairs, or in grants and subsidies, or in such things and affairs for common profit of the King's Realms, the King will have their especial advice and assent, and that this Order be kept in all times to come. And so much at present for the 2d essential of a warrant.  
And now I come to give a touch, and but a touch only upon the third ingredient to make a mittimus lawful, and that is, that it be under hand and seal, expressing the office and place of him which makes it, unless the party be committed in the sight of the Judge, sitting in open Court, but there is no seal to mine, and therefore it is illegal, for I was not in the view of my pretended Judges when they committed me.  
But Mr. Justice Bacon, I come to the fourth thing, upon which, at present, as one of the principal essentials, I shall stifflly stand, which is, That the warrants of my Commitments, both from Lords and Commons now returned before you are illegal, there being nothing but generals laid unto my charge by them, which is no charge nor crime in Law; and therefore, both my warrants wanting a legal and a particular cause in them, there is no colour in Law to keep my body in prison by virtue of them. Now to prove that Generals are no crimes nor charges in Law, though the daily and continual practices of all the Courts of justice in England prove it, yet for illustration sake. I shall crave leave to allege some legal Authorities. And in the First place, I shall begin with the Judgement of Sir Edward Cook upon the Statute of breaking of prisons, made 1 Ed. 2. who in his 2. part institutes fo. 591. expressly saith, seeing the weight of this business touching this point, to make an escape either in the party or in the Gealours' Felony dependeth upon the lawfulness of the Mittimus, it will be necessary to say somewhat hereof. First, it must be in writing, in the name, and under the seal of him that makes the same, expressing his Office, place, and authority; by force whereof he makes the Mittimus, and it is to be directed to the Gaoler, or Keeper of the Goal or Prison. Secondly, it must contain the cause (as it expressly appeareth by this Act, 
* 25. Ed. 3. Coran. 134. and 32. Ed. 3. Coram. 248. and 9 Ed. 4. fol. 52.  unless the cause for which he was taken, etc.) but not so certainly as an indictment ought, and yet with such convenient certainty, as it may appear judicially, that the offence requires such a judgement; as for High-Treason, to wit, AGAINST THE PERSON OF OUR LORD THE KING; or for the counterfeiting of the money of our Lord the King, or for petty Treason; namely, for the death of such a one, being his Master, or for Felony to wit, for the death of such a one, etc. or for blurgary, or robbery, etc. or for Felony; for stealing of a horse, etc. or the like, so as it may in such a generality appear judicially, that the offence required such a judgement, and he there further goes on & gives divers arguments & reasons, & scites abundance of law authorities to prove, that a particular cause, aught by Law to be expressed in every Mittimus or Warrant of Commitment.  
My second proof to prove generals, are no charge in Law, is the deliberate and resolved opinion of all the Judges of England in the 3, year of King james, (which was a time of full peace; wherein the law had its free currant, without the threats of Martial or the checks of Prerogative arbitrary power, and therefore the Judgement is of more weight) who in their answer to the 22. object, on or article of Archbishop Bancroft, and to the whole Clergy of England, hath those very words, we do not, neither will we in any wise impugn the Ecclesiastical authority in any thing that appertaineth unto it, but if any by the Ecclesiastical authority, commit any man to prison, upon complaint unto us that he is imprisoned without just cause, we are to send to have the body, and to be certified the cause, and if they will not certify unto us the particular cause, but generally without expressing any particular cause whereby it may appear unto as to be matter of ecclesiastical cognizance, and his imprisonment be just than we do and aught to deliver him and this (say the Judges) is the Clergies ●ault and not ours, and although some of us have dealt with them to make some such particular Certificate to us, whereby we may be able to judge upon it as by Law they ought to do, yet they will by no means do it, and therefore their error is the cause of the thing they complain of, and no fault in us, for if we see not a just cause of the party's imprisonment by them, than we ought and are bound by Oath to deliver him, and suitable to this is their answer to the Clergies 21. Article, which Articles and answers are recorded in 2. part instit. fo. 614.615.616. My 3. proof to prove that Generals are no crimes in Law, is out of the 4. part instit. fo. 39 where the Lord Cook expressly saith, That a man by law cannot be attainted of High-Treason, unless the offence be in Law high treason (for where there is no law there can be no transgression, Rom. 4.15.) he ought not to be attainted by general words of high treason by authority of Parliament (as sometime hath been used) but the high treason ought to be specially expressed, seeing that the Court of Parliament is the highest and most honourablest Court of Justice, and aught (as hath been said) to give example to inferior Courts. And besides, all this seems to me, to be clearly and evidently held forth by those 2. notable statutes, viz. The Petition of Right, 3. Car. Rex, & the Act that abolished the Star-chamber in 17. Car. Rex, So that from all that hath been said to this 4. head alone, I am confident, I may in Law challenge my liberty and freedom from your honour's hands without bail, as my undoubted and unquestionable right by Law, and which you neither can, nor ought by Law to deny unto me, seeing that by both the Warrants of my Commitments, I am rendered a just and an innocent man, there being by them not the least pretence of a legal crim: laid unto my Charge, for Generals is (as is already fully proved) no Charge nor crimes in Law; And also hath been so adjudged and declared by the present two Houses of Parliament, as if it were requisite I could particuler●●se fully unto you, & 3. instances at present, I shall only give you, viz. the 5. Members, and the Lord Kimbolton, and the Lord Major Pennington, and the late 11. Members, whose cases you may read 1 part. Book Decler. pag. 38. 77. 201. 845. but being I am here principally to plead Law, and not Ordinances, I shall forbear to enlarge myself thereupon, and yet before I conclude, shall with your Honour's leave, speak a few words, to the fift and last ingredient to make a Mittimus lawful.  
Viz. That it have a legal conclusion, in these words, and him safely to keep, until he be delivered by due course of Law, and not for 7. years, nor until the party committing doth further order, which legal conclusion is wanting in both my Commitments, and therefore illegal.  
Which most desperate Commitments being illegal in all the 5 essentials, I may call and do call them empoisoned Arrows, shot through the principal vital of England's liberty; (but here both the Judges interrupted me to the purpose, and would not let me go on with my Rhetoric, so that I was necessitated for leer I should not be suffered to plead my conclusion, which I looked upon to be the strength of all my work, & therefore was forced to skip over divers leaves to the objection,) and the chief authors of them not deserving, to be named or styled the patrons of their Country, no not so much as well wishers to the liberties thereof, for here is Law, equity, and Justice dethroned, and absolute will, or blind lust challenging the proper imperial seat of England, the Commitments draws the black line over the name of England's Freedom, yea, the line of confusion upon the Kingdom, if the Parliament, or both Houses, shall thus actually avow, that they are to govern lose without the restraint of any laws (mocking the Kingdom thereby, in making Judges to execute the Law) yea, and absolved from all Laws of government, as though it were in their power to dispose of the persons of all the people of England at there will and pleasure, the granting or challenging of which, can be no less, than the absolute destroying of all the mutual relations and dependency in a Kingdom, or common wealth, yea, & the levelling of all terms of distinction betwixt ruler & ruled, yea hereby the very foundation of property of meum & tuum is totally overturned, & no man can call any thing he possesseth his own; for my person is nearer to me then my Estate, and he that at his will may dispose of my person, may much more at his will and pleasure dispose of my Estate, And therefore Mr. Justice Bacon this manner of imprisoning, is no better than a two edged sword, whereby the liberties of England is mortally wounded, if not actually cut in pieces, and the Prime Authors of these Commitments in the eye of God, and all rational men, deserve the highest & exempliariest, of punishments, in thus subverting the very bases and foundations of government, & so avoidable embroiling the Kingdom a new in Wars, to preserve themselves from total vassellage or destruction; especially, considering that they themselves have done these things, after they themselves have chopped off the heads of Straford and Canterbury for the very same things: and therefore by the strength of reason (if there were no other law in being) they deserve their own executed punishment. Again, the Law never instituted a Goal for punishment and destruction, but for a place of safe keeping of a criminal person, that could find no better bail, where he ought to be kept and entreated with all humanity, civility and respect, till he be brought to a speedy trial; all Goals in England by Law being to be delivered 3. times a year at least, or more oftener if need require. 
* 1 part instit. lib. 3. ch. 7. Sect. 438. fo. 260. and 2. part. instit. fo. 42.43.115.186.189.315. and 3. E. 1. ch. 25.  But I have been almost two years in prison, and never to this hour had any legal Crime laid unto my Charge, nor cannot be suffered to come to a legal Trial, though to my extraordinary expenses, toil, hazard, and trouble, I have endeavoured it withal my might; but cannot be admitted to have any benefit of the law which I do aver is the highest of tyranny, being kept in Goal in a languishing condition worse than anysuddaine death, being ever dying and yet not dead.  
And therefore I do positively aver, that the Arbitratiness of the Conclusions of my Commitmants, is that which strikes the Fatal Stroke through the heart Root of Freedom, and Justice; yea it overturnes overturnes the Foundations of the Kingdom, this very siugle act, if drawn into precedent hath a seminal virtue in it, whereby is contained in its self, all the distinct species of injustice, whereof the Sun was ever yet spectator.  
Yes, this arbitrary Commitment doth Ipse facto enervate, yea evanuate, & null all established laws of the land, & renders all rolls & records, no better than waist papers, fit for nothing but to light Tobacco Pipes; for to what purpose serves Magna Charta, the Petition of right, and other wholesome Laws; which say, no man shall be imprisoned, passed upon etc. or any other ways destroyed, but by the Lawful judgement of his equals, or by due process of Law, when as the rule to punish supposed or real transgressors, shall be men's wills & lusts, as in my case by my Commitments, etc. it is, so that if 500 men shall assume and arrogate to themselves the absolute dominion over the people of the Land, than it may be England shall have 500 distixct lusts unto which they must conform their actions.  
And sure I am, that the deal of the Lords and Commons with me, demonstrated by their orders of committments, flows not from any power given them, either by the Law of the Laud, nor from the Indentures betwixt them and their choosers, no nor yet from any word or clause in the Writ of there summons or Elections; and therefore fourthly, it must flow from there CROOKED JUSTS, DEPRAVED WILLS, and ARBITRARY PLEASURES, by which with naked faces they declare themselves to be limited by no boundary, unaccountable and obnoxius too no censures for any possible abuse whatsoever that can becommitted by them, for by these committments they evidently declare there is no rule whereby to measure the rectitude or obliquity, justice or injustice of their Government and actions, and by consequence they are under an impossibility to render an account of their ways and do (and so by consequence, the people of England are in the absolutest road way of perfect slavery that is upon the earth) this the Parliament, or the Lords and Commons would have the World to believe they abhorred in the King, as appears by there last declaration against him, in which they show the reasons of their votes not to make or to receive, any addresses to, or from him, for in Page 12, they s●y the King hath laid a fit foundation for all tyranny, by that most destructive maxim of his, viz. that he oweth no account of his actions to any but to God alone, but by the warrants of my commitments it seems this wicked and heathenish Maxim, is judged by the makers thereof not to be to sweet a morsel for their own Pallets, though in their said declaration they judge it to sweet for the Kings, and therefore to conclude this point if this honourable Court of Justice, the Judges whereof are sworn to Judge according to the Law, and not lust, will nor pleasure, will Judge these arbitrary Committments of mine to be legal, than I make my humble desire unto you the Judges thereof, that you would cousin and deceive the people of the Kingdom no longer, by assuming unto yourselves the name of Judges of the Law, but rather translate your Titles into the name of Judges of lust, will and pleasure, that so the people may expect the legal administration of the Law, no longer from you: and so I have done with the Fift, and last ingredient to a legal Mittimus. Now Mr. Justice Bacon, seeing it is objected both by you, and Mr. Justice Roll, that my Commitment from the Lords, is rather a Sentence, Judgement, or Decree, hen a bare Mittimus, and therefore being a judgement by the Lords, a higher Court, for 7. year's imprisonment; I cannot be delivered by this Court, which being inferior to it, cannot reverse it, nor be Judges of it.  
To which Mr. Justice Bacon, I answer, First, I do not seek unto you at present for reversement of my Sentence, which is 4000 l. fine, and perpetual disfranchisement of the Liberties of an Englishman, as well as seven year's imprisonment: But I come unto you as Judges of the Law (who are sworn impartially to do me Law and Justice, notwithstanding any command whatsoever, by any whatsoever to the contrary,) for my personal liberty, which is my undoubted right by Law, for any thing that judicially appears before you, upon the Warrants of my commitments. For I have already fully proved unto you, there is not legally the least crime in the world laid unto my charge, and therefore no rules in Law for you to send me bacl again to prison.  
But secondly, I answer, that I have already proved the Lords are none of my legal Judges, and therefore all their proceed with me from first to last, are corum non judici, Yea, even their Sentence and Commitment itself, for being it is against the 29. Chap. of Magna Charta, (it is void and null in Law) which expressly saith, That no Freeman shall be taken or imprisoned, or be dissesed of his Freehould, or Liberties, or free Customs, or be Outlawed, or exiled, or any otherwise destroyed, nor past upon, nor condemned by the lawful judgement of his equals, or by the Law of the Land, which Law of the Land is expounded by the Statute of the 25. Ed. 3.4. & 37. Ed. 3.18. and Sir Edward Goke in his 2. part instit. fo. 50.51. to be by due Process of Law, viz: That none shall be taken and passed upon. etc. by Petition or suggestion made to our Lord the King, or to his Counsel, undesse it be by indictment, or presentment of good and lawful men, where such deeds be done, in due manner, or by Writ original at the Common Law, being brought in to answer by due Processes, according to the common and old Law of the Land, all which &c. is confirmed by the Statute that abolished the Star-chamber, this present Parliament, 17. C. R. and all Acts, Ordinances, Orders, Judgements and Decrees, made contrary thereunto, or in diminution thereof, are thereby declared, ipso facto, to be null, and void in Law, and are to be holden for errors and false judgements, which totally bars and overthtowes all Precedents whatsoever to the contrary, yea although the Lords had a million of them. (And excellent to this purpose, is Sir Edward Cook's Commentary upon the 3. Ed. 1. chap. 15 but especially, his Commentary upon these words, viz. Or Commandment of the King, First, faith he, the King being a body politic, cannot command but by matter of Record; for the King commands, and the Law commands, are all one, for the King must command by matter of record according unto the Law. Secondly, When any Judicial Act, is by Act of Parliament referred to the King, it is understood to be done in some Court of Justice, according to the Law. And the opinion of Gascoine, Chief Justice, is notable in this point, that the King hath committed all his power judical to divers Courts, some in one Court, some in another, etc. and because some Courts, as the King's Bench, are Coram Rege, and some coram Justiciariis, therefore the Act saith, by the commandernent of the King, or his Justices.  
Hussey Chief Justice reported, that Sir John Markham said to King Ed. 4. that the King could not arrest any man for suspicion of Treason, or Felony, as any of his Subjects might, because if the King did wrong, the party could not have his action: if the King command me to arrest a man, and accordingly I do arrest him, he shall have his action of false imprisonment against me, albeit he was in the King's presence; resolved by the whole Court in 16. H. 6. which authority might be a good warrant to defend his said opinion to Ed. 4.  
The words of the Statute of the 1 R. 2. chap. 12. are, unless it be by the Writ, or other commandment of the King; and it was resolved by all the Judges of England, that the King cannot do it by any commandment, but by Writ, or by order, or Rule of some of his Courts of Justice, where the cause dependeth.  
And saith Bracton, the King can do nothing, but what he can do by Law; So as (saith the Lord Cook) the command of the King, is as much as to say, as by the King's Courts of justice; for all matters of Judicature, and proceed in Law, are distributed to the Courts of Justice, and the King doth judge by his Justices, 8 H. 4. fol. 19 & 24. H. 8. chap. 12. and regularly no man ought to be attached by his body, but either by process of Law, that is, (as hath been said, by the King's Writs, or by Indidctment, or lawful warrant, as by many Acts of Parliament is manifestly enacted and declared, which are but expositions of Magna Charta, and all Statutes made contrary to Magna Charta, which is Lex terrae, from the making whereof until 42 Ed. 3. are declared and enacted to be void, and therefore if this Act of Westminster 1. concerning the extrajudicial commandment of the King be against Magna Charta, it is void, and all resolutions of Judges concerning the commandement of the King, are to be understood of judicial proceed, a part insti. fo. 186.187.)  
Therefore Mr. Justice Bacon, it is to no purpose for you to tell me, I am committed by a higher Court, and therefore you cannot legally deliver me, for I aver unto you, and have already sufficiently proved it, that I am commitmitted contrary to Law and Justice, and therefore you being Judges of the Law, and not of Precedents, grounded upon will and pleasure; You are to take notice of nothing but Law, and therefore I demand and require my liberty at your hands, as my undoubted right and due by Law, which you can neither in justice, honour, nor conscience deny unto me.  
But admit the Lords to be a superior Court of justice to the King's Bench in some cases, yet if they walk beyond their bounds and limits set them by the Law, and meddle with that which by Law they have no Jurisdiction of, in that case they are no Court of Justice, either to you or me, but a company of despisers and contemners of the Law; all whose actions and decrees made and done in such cases, are but mere affronts unto the Law, and unvalid and unbinding, either to you, or me, or any other man in England; in disobedience to which, they by Law are not capable of a contempt or affront, nor cannot legally punish any in such a case, either with fine or imprisonment, as for instance.  
First, if a court of SESSIONS, (which is a Court in many cases by Law) questions me for my Freehould, and I give them contemptuous words for meddling with that which they have no Jurisdiction of, they by Law can neither fine nor imprison me therefore.  
Secondly, the same holds good in the COMMON PLEAS, which is an unquestionable administrative Court of Justice in divers cases, yet if they go about to hold plea of murder before them, if the party refuse to answer them, It is in Law no contempt of the Court, And if the Court shall therefore fine and imprison him, it is illegal, erroneous, and unbinding, because in Law they have no Jurisdiction of such cases.  
Thirdly, and pertinent to this purpose is BAGGS CASE, in the 11. Part of Cooks Reports, who being summoned before the Mayer of Plymouth. in open Court called him cozening Knave, and bade him come kiss, etc. For which the Mayor Disfranchised him, and it was resolved in Law, that the the Disfranchisment was illegal, and the reason of is was, because it was not according to Law, for that the Mayor in Law had no power to do it.  
Fourthly, suitable to this is the complaint of ARCHBISHOP BANCROFT, and the Judges answer to it, which said Archbishop in his 22. Article to the Lords of the Privy Counsel, in the 3. of King James, complains against the Judges of the Courts of Justice in Westminster Hall, for affronting the actions, proceed, and Censures of the High Commission Court, which was erected by Act of Parliament, viz. 1 Eliz. and had power by King james his Letters Patents to Fine, and IMPRISON, and yet as he complains, (as you may read 2 Part. instit. fo. 615. & 4 Part. instit. fol. 335.) The Judges were grown to that innovating humour of late, that whereas certain lewd persons, (two for example) one for notorious Adultery, and other intolerable contempts, and another for abusing of a Bishop of this Kingdom, by threatening speeches, and sundry railing terms, no way to be endured, were thereupon fined and imprisoned by the High Commissioners, till they should enter into bonds to perform further orders of the said Court, the one was delivered by HABEAS CORPUS out of the King's Bench, and the other by a WRIT out of the Common Pleas, and sundry other prohibition have been likewise awarded to His Majesties said Commissioners upon these suggestions, that they had no authority to fine or imprison any man, etc.  
Which practices and do the Judges in their answers thereunto, justify to be legal, and no more than that which they are bound unto by their Oath, for that the high Commission had gone beyond the legal power of their jurisdiction, having no power by law to fine and imprison in those cases; and therefore, the Law, being the surest Sanctuary, that a man can take, and the strongest fortress to protect the weakest of all, it ought not to be denied to the meanest man that demands it, against the greatest seeming legal oppressor, that act of violence or wrong, being most hateful of all others, when it is done by uncontinuance of justice, and therefore that man which legally endeavours deliverance from it, aught from the judges of the Law by Magna Charta, to have it freely without sale, fully without any denial, and speedily without delay, in which regard the aforesaid Judges, did not only justify their forementioned legal practice, but also fall very foul upon the Archbishop etc. for taxing the Judges and justice of the Kingdom, confidently aver●ing, that for less scandals than his, etc. in taxing the justice of the Kindow, divers have been severely punished, And Sir Edward Cook in the 4 part of his institutes, Chap. of the high Commission Court, in causes Ecclesiastical, fo. 331.332.333.334 335. instances divers others, that for notable Ecclesiastical crimes, were fined and imprisoned by the high Commissioners, and upon demanding their right from the Judges of the Courts of Justice in Weslminster Hall, they were relieved and released by them, by the strength of those nerves and sinews of the Law Prohibitions and Habeas Corpuses.  
But above all the rest that he there mensions, john Simpsons' case in the 42. Eliz. is the most remarkable to my purpose, which Simpson being accused for committing adultery with the Wife of Edward Fuste (over which case by Law the high Commissioners had jurisdiction) whereupon the high Commissioners issued out there warrent to Richard Butler Constable of Aldrington in the County of Northampton, for attaching and arresting of the body of the said Simpson, which in Law is an imprisonment upon the attachment of his body, and the Constable takes on William johnson servant of the said FUSTE to assist him in the serving of his Warrant which warrant the Coxstable served upon him and read it unto him, notwithstanding the Said SIMPSON resisted him, and in his own dofence (shown him) slew the the said johnson, that came in aid of the said Constables, for which he was as a wilful murderer, Committed to Northampton Goal, and indicted before the Judge by the coroners inquest of wilful murder, supposeing the said Warrant to Lawful, but the matter being very mighty, the Justices of assize thought not good to proceed against him at those assizes but deferred it till the next assizes, at what time after this long time of deliberation, and upon conference with other judges of the law it was resolved, that the statute of the 1 Eliz. gave not power to the high commissioners to make any warrant to arrest the body of Simpson in that case, but that they ought to have proceeded by citation, And therefore going beyond there legal power (although by the Queen's letters patents, express authority is given to the high commissioners to send for the body of any offender, etc.) Simpson in killing the said JOHNSON, had committed no wilful murder, but only defended himself and his liberties, and so it was found by the Jury, & he acquitted of murder.  
From all which I observe, first, that all judges of all Courts of Justice in England, are bound toact within the compass of there jurisdiction given them by Law.  
2 I observe that the judges of any Court going beyond their legal jurisdiction, may, and aught by Law to be resisted, which resistance is no contempt of the law, not punishable by it.  
3 That the judges of the Law, are bound in duty and conscience by Law to judge all causes that comes before them according to Law, which both the single order of the Lords, and the single order of the Commons, is inferior, or in subordination unto, as well as the royal letters patents of ●●e King or Queen, which yet those Noble judges according to Law, threw behind their backs, and acquitted the said SIMPSON of Murder, inkilling of JONHSON in his doing actions in pursuance, and by virtue of the authority of the said Letters Patents, And therefore much more ought you to acquit and set my body at liberty without any more ado from the Lords 7. year's imprisonment, being their imprisonment of me, though grounded upon their decree or Judgement, is contrary to the express declared and constant received fundamental Laws of England, and though divers men in former ages, have been so sottish or fearful, to part with their legal Liberties to the Lords, and have stooped unto their judgements, Orders and Decrees, yet that is no prejudice or hindrance unto me, from the enjoyment of mine, who now demands them at your hands as my right by Law.  
4. And lastly, seeing as is before undeniably proved, that the King (the Major) is the primitive, and the Lords (the Minor) are but the derivative and seeing it is before also fully proved, that the Letters Patents of the King, the primative, is not to be set in compitition with the Law, it will strongly and undeniably follow, that the orders of the single Lords, who are but the derivitive, cannot keep me in prison contrary to the Law; but that they ought by you without any further delay, being illegal in themselves to be judged so by you, as well as the King or Queen's Letters Patents, were by your predecessors, and my body by you to be set at liberty, though it hath seemingly affronted their orders, as well as the life of the said SIMPSON, was saved by your predecessors, although he had slain the said JOHNSON in affront of their superiors Letters Patents, and not to necessitate me for my relief and preservation to SIMPSONS' remedy, which though bloody in itself, yet is justifiable by Law and reason, by which I may defend my liberties and life, against all those that in the executing of urjust illegal orders and decries would rob me of them and if in my own defence to save my life, I be necessitated and compelled to destroy him or them, that without Law would keep me in prison, and so destroy me by famine, or by sickness etc. his life be upon his own score, for in such a case I am free from his Blood, and therefore Mr. justice Bacon to wind up all, I shall conclude in the words of learned Sir Edward Cook in his epilogue to the 4 part of this institutes which I read thur.  
And you honourable and reverend Judges that do sit in the high tribunals and courts or s●ates of Justice, fear not to do right to all, and to deliver your opinions justly according to the Laws: for fear is nothing but a betraying of the succours that reason should afford. And if you shall sincerely execute Justice, be assured of three things.  
First, though some may malign you, yet God will give you his blessing.  
Secondly, that though thereby you may offend great men and favourites, yet you shall have the favourable kindness of the Almighty, and be his favourites,  
And lastly, that in so doing, against all scandalous complaints, and pragmatical devises against you, God will defend you as with a shield; for the Lord will give a blessing unto the righteous, and with his favourable kindness he will defend him as with a shield.  
And now dear Sir, having done with my set speech, being often as before I declare, interrupted by both the Judges, and compelled to skip over divers remarkable things in it, as I have before also noted and declared, which in my judgement was not fairly not justly done of the Judges unto me, who ought to have given me freedom of speech, 
* As the Lords in 1641. did give me, and the Commons in jan. last, as you May read in my Whip for the Lords, pag. 10. 11. 19  and then to have judged what I said; so as soon as I had done with a congee made unto them both, (though I confess I spoke most commonly to Mr. Justice Bacon, because I judged him to be the corum; or the signior) I said now Sir, I have done, and shall submit what I have said and pleaded unto your Judgements and Consciences, desiring that if you conceive the business to be of that weight, that it requires any more debate, that you will take the time of 2. or 3. seriously to consider of it: whereupon Judge Bacon asked me, if I had any counsel to maintain what I had said, and I told him no, neither did I need any; for I was able enough myself to do it, and did offer him not only in Law, but with my life to make it good; professing unto him, that I was very confident, that Lawyer was not in England, that durst, or would say, one quarter of that for me, that now before them I had said for myself, because my adversaries were transcendantly pocent, who by their wills and pleasures, had in some kind destroyed men of more power and greatness, than all the Lawyers at the Bar; and therefore Sir, though I am acquainted with some Lawyers, that sometimes plead at this Bar. yet peradventure, my respects and obligations may be such unto them, that it cannot stand with honour, justice, or conscience, for me to desire them to plead my cause, seeing I am confident, they cannot do it with safety, and for me to expect that from them, or put that upon them, that in mine own conscience I do verily believe will be their ruin in their practice and lively hoods, when I am not able in any reasonable manner to requite them, I should in my own thoughts, render myself the basest and unworthiess of men.  
Whereupon Mr. Justice Bacon, begun to speak and to make a kind of reply or answer, unto divers of the things I had infisted upon, and told me, that Sir Edward Cook, in the 4. Part of his instituts, whom he did see I had very much studied, saith, That no inferior Court could meddle to question Judgements of Parliament, and after a pretty large speech, told me, I was committed upon a centence from a Superior Court, whose judgements by Law, they neither were able, nor could control, and therefore must of necessity remand me back again, and after he had done, I replied, Sir, it is true, the Judgements of Parliament is not to be questioned by inferior Courts, always provided, they meddle with that, which by Law appertains to the Judgement of the Parliament, which the executing of Laws, in the Original judging and desiding of deferences doth not the least; And besides, Mr. Justice Bacon, you do not, I hope, in Law Judge the Lords House singly, or the House of Commons single, to be the Parliament; true it is sir, several statutes in Queen Elizabeth's time, as the 27. Chap. 8. & 31. ch. 1. provides, That if any find himself aggrieved by false judgements in the inferior Courts, he shall, if he please, by a Writ of Error, sue in the high Court of Parliament (which I cannot believe in Law is meant the Lords House 
*⁎* And it is the most irrational thing in the world, to say, that legally no Law can be binding, but that which is made by the consent of the King, Lords and Commons; and yet to prefor a single judgement of the Lords, made without all form, shadow, colour or pretence of Law; above all the Acts of Parliament made for 3. or 400. years together, for this I will offer to all the Lawyers in England, and challenge them, to show me one Statute, or a piece of a Statute, to justify the Lords proceed against me in Law, and I will be willing to lose my head, and to be cut in ten thousand pieces; and besides, it is most irrational for the Lords, who never pertended to any power, but what they derived from the King, to imagine or go about to make the world believe, that they can by their wills destroy all the Laws of England, (as in their dealing with me they have done) when the King their fountain of power, can do no Judicial action, but by his Courts of Justice; and that in the legal method, manner, or process of the Law (although by Law a thousand times more is given and instated into him, then unto all the Lords of England) and for the truth of this, see the 2. part inst. f. 168, 186. 187). yea, if the King imprison me illegally by his own Warrant, either in matter or form, I have my remedy against him at law, as appears by the Act that abolished the Star-Chamber; and therefore, it is the height of erationally, to conceive, or say, that the Lords will, shall be Lord Paramount, above the will of the King, their Fountain and Creator, and the power of the Law, which is above Him, from whom they derive all they have, or can pretend unto; and I am sure the law tells me, that in the Courts of Justice, which is established and bounded by the law, and is administered, adjudged, and executed by sundry Judges and Ministers of the Law, is betrusted a full and ample power, for trial of property of lands and goods, and for the conservation of the people of this Realm in peace and quietness; but I am sure by the Judges remitting of me back to prison there is a failer of Justice (which the Law abhors) and an insufficiency in the Law to deliver me from destruction, by lust, will and pleasure, and therefore without dispute slaves are the people of Eng. in the highest and slaves they must continue, if they speedily rouse not up their spirits & stand stiffly for their rights.  single) for the further and due examination of the said judgement, in such manner, as is used in erroneous judgements in the Court of King's Bench; but the law gives not the Parliament, much less the single House of Lords, the least cognizance in the world, originally to meddle with any thing betwixt party and party, and if they do, I am sure by the law in force at this day, it is corum non judicii; but the Lords originally summoned me to their Bar, be for any charge exhibited, or any indictment proffered, or any visible complanant or prosecutor appearing, and their high commission and Spanish I● quisition-like, examined me upon interrogatories, and so committed me to prison, for which they have no shadow of ground in law: Whereupon Mr. Justice Roll stepped up, & confirmed that which his Brother Bacon had already said, telling me, that the Chancery, and the Court of Admiral's proceed were divers from those statutes I had alleged, as well as the proceed in Parliament were, and yet were Lex terrae, and it is positively (said he) the law of the Land, that an inferior court as ours is, cannot reverse the judgement of a superior Court, as the Lords are, which we must of necessity do, if we should release you, which we cannot do if we would, without meddling with the merit of the cause from the beginning, and then the way ought to be by writ of Error, which said he will not lie in this Court, in a Judgement given in the Lord's House; and therefore you must rest content, & it had been well for you, you had pleaded these things before the Lords in your plea there aaginst their jurisdiction; Sir, said I, I did so, and they sent me to prison therefore, & not only so, but in Newgate close imprisoned me therefore, and would not suffer my; wife to come into the Prison yard, so much as to speak with me; I also appealed to the House of Commons: and solely put myself upon their Justice and Judgement, but I sound them, for almost these two years together deaf, both unto Justice, Law and reason; and now as my last legal refuge, I come to you, after I have been almost two years in Prison for nothing, as clearly appears by the whole return, which only consists in generals, & generals are no crim● in Law; therefore Sir, I beseech you, tell me whether the Law of England be so imperfect, that it hath provided no remedy, to preserve a man from destruction, by lust, will and pleasure, but if it have not, than Sir, I must ingenuously tell you, so much am I an Englishman, and free from the principals of slavery, that though I have suffered, and undergone with some kind of patience, almost two year's imprisonment, without any cause, but only by the power of lust, will, and pleasure, that I profess before you both, and this whole auditory, that were I this day put to my choice, I had rather choose to combat one by one, with 20. of the stoutest men that steps upon English ground, though I were sure to be cut in a thousand pieces thereby, then willingly to be Captived in Prison, two years longer, by the power of Lust, will and pleasure, without the hopes of any remedy but from those that tyrannize over me, FOR TO BE A SLAVE IS BELOW ME, or any man that is a man, but if this be good Law which you, declare unto me then, perfect slaves are we indeed.  
Again Sir, is for that Law of Parliament you talk of, I had thought England had had but one Law to be governed by, & hat that had been a visible and a declared Law, and not a Law in men's breasts, not to be known till they please to declare it, and then when they do, it shall every day cross itself, and ebb and slow according to success. Sir, this is no Law at all, and therefore, here can be no transgression against it, but if you mean a Law in being, but yet kept so close in holes and corners that none can come to see it, or read it, but only the executors of it, this is as bad as no Law at all, and as good living in Turkey, as under such an unknown Law: But Sir, to lay aside all these dubious disputes about Jurisdiction, and Parliament Laws, and Laws in the ordinary Courts of Justice; and suppose the Lords have a power of Jurisdiction in the present case to sentence me, if really I had committed a crime, and suppose (but no more) that you are an inferior Court, and cannot legally reverse or take cognizance of their Judgements, yet I desire to keep you close to my return, which show, clearly, that I am imprisoned for nothing, and thereby rondred an innocent and just man, and therefore I demand positively your judgements in that, whether it be so or no; And secondly, whether the Law hath not provided a remedy for me, and for my deliverance from under any power in England, in case I be imprisoned by them for nothing; unto which, as I remember, both the Judges spoke to it in the foregoing manner, and if I wrong them not (which I would be very loath to do) in the conclusion of their spaeches, both of them ingenuonsly confessed, that by my return it did appear. I was imprisoned without any crime in law, laid unto my charge, but yet being committed by a superior Court the Lords, and that upon a sentence they could not in Law relieve me. Whereupon I earnestly pressed to be heard but a few words more, which was granted, and I very soberly said, Mr. Justice Bacon, I have been forth in service to fight for the Laws and Liberties of England, against those men that the Parliament made me and divers others believe, would have destroyed them, and I was I confess, very zealous to press others to do as I did; But Sir, had it then been told me by those that set me at work, or had I in my own breast believed i●, that the issus of all our fightings should have been contured in making the people of the Kingdom slaves, or that all our fight should have contributed to nothing so much, as to enable a company of men sitting here at Westminster, called LORDS and COMMONS, arbytrarily by their lusts, wills, and pleasures, to have reigned and ruled over us, I would have been so far from killing of Cavaseers, that I would rather with my own hand; have been my own executioner, then to have murdered men to satisfy the lusts of others: But seeing it is as it is, and that I have been so grossly mistaken in these men's promises, oaths, Declarations, and engagements, which now they judge as nothing, but have throwns them all behind their backs, I shall recant my error in believing of them, and persuading others to do i●, and shall desire to be settled in that which is truth, which is now to believe them noemore, and instead of being zealous to provoke the People to stand up for there Laws at their commands, I shall be very sorry for that error or mistake, or I clearly see thore is none in England of any more strength than a piece of soft wax, nor the People by there great Lordly promises, were never intended other then to be Vassals, and slave, 
* Yea the most miserablist of slaves, b●ing first in sabjection to a Statute Law, and if they transgress that, than the Judges of the Law are ready to destroy both life, and Estate therefore; secondly, to a Law of Ordinances, and if they transgesse that which is sufficiently contradicttory in itself, than they shall by one Arbitrary Committee, or other hazard, the loss● of all they have, with out any witnesses sworn against them, or any Jury pinnelld, or it may be any complaint in writing preferred against them, but they shall be destroyed by the will, and descration of the Commits, for such proceed contrary to the fundamental Law of the Land, both Dudley and E●son Privy Councillors, were hanged, though they had an Act of Parliament to autherize their do, as appears 2. part. insti. fo. 51.3. part insti. fo. 2●8. and 4. part. insti. fo. 41.196.197.198. but yet if a man be never so observiant of both the Law, and Parliament Ordinances, yet thirdly, Parliament Lords and Commons have a Law paramount above them both, and which as pleasure shall null them both, and neither of them shall be any protection unto you, and that it their law of will, lust and pleasure, more exercised & put in use by them,, then both the former; so that of necessity slaves in the highest are all Englishmen, now being under 3. distinct Laws for their destruction; but can enjoy the benefit of never a one, for their preservation, and therefore for the Parliament to make Judges of the Law, to executed, is but a mooking and cheating of the people; for they have left them none to execute, but have superseded it every line, with the Law of their lusts, wills, and pleasures, for all their lying promises in all their Declarations to the contrary, & therefore all ye true hatred Englishmen, awake, awake, & look well about before the midnight of slavery seize upon you.  and therefore Sir, I shall now convert all my zeal, to press all the Commons of England out of all the Counties thereof, to hasten up to Westminster to the Lords House, and there at their door suffer the Lordn to boar them through their cares as their Vass is and slaves, being heir actions clearly and daily declare, they never intended them any freedom, Law, or Justice, and absolutely it is a vain thing, and time merely lost from their hands to expect any; so Judge Roll, concluded and said they were upon their Oaths, and as Judges of the Law, they could do no other bat remand me to prison again, unto which ipaciently stooped, and came away, but had much adoes to get out of the Hall, by reason of the extraordinary crowd.  
And the next day sending to see what was entered in the book about me, the Clerk or Register scents me a paper in these words.  

Monday after five weeks of Easter in the 24. of King Charles. Tower of London.  
john Lilburne Gentleman brought here into the Court upon an Habeas Corpus, by Robert Titchburne Esquire, Lieutenant of the Tower of London, and the return of the said Habeas Corpus, being read, he being committed by the Lords and Commons in this Parliament of England assembled, it is ordered that he shall be remitted.   
O superlative Justice, was ever any man committed or remanded to prison before? by those Judges that in open Court declare he hath been already almost 2. years in prison for nothing? and now also they have no crime to lay to his charge, which is my case; but to draw to a conclusion, I desire to fulfil my promise, and give you a sight, of the return which thus followeth.  
I Robert Titchbourne Esquire, Keeper of the Tower of London, according to a shore Writ of our Lord the King, to this schedule annexed, certify, That john Lilbourne Gentleman, in the said Writ mentioned, was committed, and is detained in my custody, by virtue of an Order made the eleveth day of july, 1646 by the Lords in the present Parliament of England, assembled, and then sitting, the tenor and scope of which Order followeth in these words.  

Die Sabbati undecimo julii. 1646.  
ORdered by the Lords in Parl. assembled, That John Lilburn (being sentenced by this House) shall for his high contempt and misdemeanour done to this high Court, according to the said sentence, stand committed to the Tower of London, for the space of 7. year's next after the date hereof. And that the Lioutenant of the said Tower of London, his deputy or deputies are to keep him in safe custody accordingly; And that he do take care that the said L. C. John. Lilburn do neither contrive, publish, or sptead any seditious or libellous Pamph lets, against both or either Houses of Parliament.  
john Brawn, Cler. Parl.   

To the Lieutenant of the Tower of London, his Deputy or Deputies.  
And further I certify our Lord the King, that afterward, to wit, upon the 18. day of jan. 1647. It was ordained by the Commons in the said Parl. assembled, as followeth in these words. Die Martis 18. jan. 1647. Resolved etc. That the Licutenant of the Tower be hereby required to bring up to the Bar of this House, to morrow morning at nine of the Clock L. Coll. john Lilburne, his Prisoner.  
Hen. Elsing, Clar. Parl. D. Com.   
By virtue of which, I the said Rob: Tichbourn the said john Lilbourn brought up to the laid House of Commons in the said Parl assembled, by wh●●● afterward, the said john Lilburne was again committed, to wit, upon the 19 day of Jan. 1647. to my custody, and in like manner is detained by virtue of an order made by the said Commons in Parliament assembled, the tenor of which order followeth in these words.  


By virtue of an Order of the House of Common, these are to require you to receive from the Sergeant at Arms, or his Deputy. the body of L. Col John Lilbourne, into the Tower of London, and him there to detain in safe Custody, as your Prisoner, in Order to his trial according to Law, be being committed for treasonable and seditions practices against the state, and for so doing, this shall be your warrant.  
Dated Jan. 19 1647. Wil Lenthall Sp●●●●●.   

To the Lieutenant of the Tower of London.  
The said john Lilburn is also detained in my Custody, by virtue of another Order made by the said Commons in the said Parl, assembled, the tenor of which Order followeth inthese words Die Martis 18 April. 1648. Resolved, &c that the 4. Aldermen of London, Col Lilburne for john May and, do continue in the Towerw thou't being removed from thence.  H. Elsing. Cler. Parl. D. C.   
These are the causes of the keeping and detaining the said john Lilburne in my enstody, whose body before our Lord the King, at the day and place in the said writ contained, I have ready, as by the said writ is commanded  
Robert Titchburne Keeper of the Tower of Lonodn.  
So dear friend, with my service presented to you, I rest, yours faithfully, John Lilburne. Tower the 15. of May. 1648.  
FINIS.