OUt of the firme confidence and certain knowledge which you seeme to have of the integrity and honesty of Lieute­nant Co [...]lonel Lilburne, and that his Letter of the 25.th of July, containes nothing but truth, I send you here my Sense and Opinion concerning his Imprisonment.

And for the clearer explanation of what you demand, and our better understanding of one another, J conceive it necessary that we be at a point upon these two things. First, what the House of Commons is; Next, for what end and purpose they are conveened and called to­gether.

J beleeve you agree with me, that the House of Commons is no­thing lesse, then the representative body of the People, elected and sent up, by the severall Shires and Burroughs respectively ( and joyned with the two other States) of capacitie to make alter, abrogate Lawes, as occasion shall require; to heare and relieve the Grievances of the people, and to reforme what is amisse in the Common wealth.

Here is the Character and description of the House of Commons (which themselves (I thinke) will allow of) and here is the end and purpose for which they serve.

In this description you may plainly see, two Bodies of the people, the representative and the represented, which together make up the body of the Common-wealth; and of this later, Lieutenant Collonel Lilburne is an eminent member.

Now, for any man to imagine that the shadow or representative is more worthy then the Substance, or that the House of Com­mons [Page 2] is more valuable and considerable, then the Body for whom they serve, is all one as if they should affirme, that an Agent or Am­bassadour from a Prince, hath the same or more authority, then the Prince himselfe, which in matters of Proxie for Mariage, I believe no Prince will allow of.

J will not undertake to define the limits of power or extent of Par­liaments, having found the practice in my reading more or lesse, lengthned or shortned ( like a paire of Stirrops) according to circum­stances, and Current of times, or the weaknesse or power of the Prince under whom they serve, who hath for the most part subjected them to his will, and made them act his Designes.

Neither will I goe about to cast the apple of Division betwixt the People and their agents, who should be linckt together by common interest and mutuall respects of common preservation; yet this much I cannot forbeare to intimate, that the one is but the servant of the o­ther, the House of Commons, I meane of the People, elected by them to provide for their welfare and freedomes, against all in-bred tyran­nie or Foraigne invasion, which by reason of their numbers, they can­not conveniently doe in their owne persons without hazard both of confusion and desolation.

But to come to our businesse, Mr. Lilburne complains, that Three times since the first of May last, he hath been imprisoned by Authority from the House of Commons, before he knew his Accuser or Accusa­tion, or was suffered to speak one word in his own defence: Certain­ly, Theeves and Murtherers, taken in Flagranti delicto, in the very act of a haynous crime, are not thus hardly dealt withall.

This cals to my mind the very words of a Member of the House, Mr. Edward Stephens by name, uttered with passion openly in Westminster hall, in a case of the like injustice, viz. That we have not withdrawne our selves from our obedience to the King, to yeild our selves slaves and vassalls to the Tyrannie of our fellow subjects.

But you will say▪ How shall we mend our selves, we have given our selves, lives, liberties, and all into the Parliaments power?

To this I answer, That this free and abandoned confidence of ours, whereby they are intrusted with all that is deare and precious unto us, ought the rather to oblie [...]e them to a tender and conscientious care of the dispensation of t [...] power.

Besides this soveraig [...] or legislative power (which they make use [Page 3] of) is not lent them for the ruine and destruction of our Lawes and Li­berties ( no more then the Kings Prerogative) but for the edification and strengthning of the same in particular, as well as generall.

The abuse and overflowing of this power, is odious to God and man; for Princes, or what State soever, when they arrogate to them­selves an unlimited jurisdiction, do degenerate into Tyrants, and be­come Hostes humani generis, enemies of mankind.

And the Angels (which would be like to the most high) were by his just judgement changed into the most wretched of all creatures: It belongs to God, and to God alone, to rule by the law of his blessed will.

As for Princes and States, when they break out into exorbitancy, and will be immitators of the power of God, in governing by an un­circumscribed authority, they run themselves into inevitable mischiefs, and the people (whom they serve) into unavoidable inconveniencies, and this comes to passe of necessitie; for every State governed by fan­tasticall and Arbitrary power, must needs be floting, inconstant, and subject to change; besides, man is naturally ambitious and apt to en­croach and usurpe upon the liberty of his inferiours.

Hence is derived that excellent maxim, Melius sub iniquissima lege, quam sub aequissimo arbitro vivere; It is better live under a rigorous and unjust Law, then an Arbitrary government though just, the reason is, because by the first, he is at certainty and knows what he must trust too, the last leaves him uncertaine and so in danger.

But to returne to Lievtenant Collonel Lilburne, who stands impriso­ned by a Vote of the House of Commons for refusing to answere to the Committees Interrogatories, before cause shewed of his former im­prisonment.

J am informed by some members that this Vote was obtained by Bastwicke surreptitiously, when the House was thinne and emptie; and therefore I conceive he may appeale from the House thin and emptie, to the House full and compleat, if this will not be accepted of, why should he not appeale to the people.

For Buchannan an Author without reproach in his Booke ( De jure regni apud Scotos, concerning the Scottish Lawes) doth boldly and posi­tively affirme, Supremam potestatem esse in Populo, the Supreame pow­er to be in the people.

[Page 4] And before Buchannan, the Common-wealth of Rome (which re­maineth a patterne and example to all âges both for civill and Milita­ry government) I say this Common-wealth in its best perfection did allow of this last refuge or appeale to the People.

To this purpose, Titus Livius an unreproveable Author, speakes in these tearmes. Decad. 5. of his History. C. Flaminius was the first (or one of the first that un [...]standing the Majestie of Rome to be indeed whol­ly in the people, & no otherwise in the Senate▪ then by way of delegacy or grand Commission, did not stand highly upon his birth and degree, but made his addresse to the multitude, and taught them to know and use their Power over himselfe, and his fellow Senators in reforming their disorders: For this the Commons highly esteemed him, and the Senators as deeply hated him, &c.

But I hope the wisdome and Providence of the Parliament will pre­vent these extremities; yet I cannot but put them in remembrance, that small sparkles do oftentimes occasion great fires.

And that the English Nation is sensible of nothing more then the breach of their liberties, and of violence offered to the freedome of their persons.

Witnesse the Magna Carta thirty times confirmed by the Princes of this Jland; and witnesse the cheerefull readinesse of the people to serve the publique in this present great quarrell.

And let no man dreame that the Parliament may trench boldly thereon without check. A sillie conceit and aggravating the offence; For a dog that devoureth his owne kind, we account more unnaturall, then a Lyon or a Beare of another kind; besides the heart burning which is easily kindled when our owne fellowes domineere over us.

There are but [...]wo things of [...]uing a people either by feare or love, the first may be more agreeable to Master Corbitt as sutable to his gal­lant and imperious nature, or to Sir Robert Pyes Canine humour, but is brittle, and will last no longer then the fome which supports it. The second of love, is safe and durable.

Camillus the Roman speakes of it in two words, Firmissunum imperi­um quo obedientes gaudent, the most stable lasting government under which the people rejoyce and live cheerfully.

But Lilburnes case is singular, that a member of the body represented▪ [...] free borne subject, in life and conversation without exception. Con­siderable [Page 5] both in his actions and sufferings in this great Cause, that such a subject contrary to the tennor of Magna Carta, contrary to the late Covenant and Petition of Right, yet and the direct rule alleaged in Scripture, should be three times imprisoned without shewing cause by a Parliament professing reformation, and defence of our Lawes and Li­berties, and without any urgent or apparent necessity of State enfor­cing it.

This J professe is to me a riddle beyond all that this monstrous age hath brought forth; I need not say how much the publique libertie, is wounded in the injurie doubled and trebled upon their fellow mem­ber, nor the consequences thereof, which if drawne into president, who can count himselfe free? Nor the consequences of a wicked sentence, (which as Chancellor Bacon sayes) is infinitely worse then a wicked fact, as being held a president or patterne, whereby oppression begin­ning upon one, is extended as warrantable upon all.

And this conclusion he draweth out of this place of Scripture, Fons turbatus pede et vena corrupta, est justu [...] cadens coram impio. A just man falling into the hands of the wicked, is like a fountaine troubled with the foot, or the urines corrupted in the bodie.

The horror of this sentence hath stricken the generality of the peo­ple with amazement, to behold the Kid seething in the milke of the Damme, that is to say, the Chambers of justice ordained for our com­fort, preservation, and safety, unkindly wrested to enslave, ruine, and destroy us.

Surely after-ages when they shall ponder these proceedings in cold and sober blood will be ashamed to own the actors for their parents or predecessors: And it is to be feared that the stones from the pavement, will rise in judgement one day against the abusers of the trust commit­ted unto them.

And let no man deceive himselfe, to thinke with sencelesse and fri­volous distinctions to award the dishonour and danger, which may a­rise to the Parliament hence; as to say that the Great Charter is but suspended as to Lilburne, but not abrogated; and that the duty of the Parliament is to provide for generalities, but is not at leysure to attend particular grievances; these answeres satisfie none but Ideots, or those that suck profit under their command.

J mentioned before the danger and dishonour arising to the Parlia­ment [Page 6] hereby, which of necessity must ensue, for seeing that Omne Im­perium in consensu et assensu parentium fondatur Plinius, Paneg. All law­full Empire or Soveraigne command hath its basis or firme foundation in the consent, approbation and good liking of the people; a rule with­out exception.

What consent or good liking can bee expected from those who dayly see themselves abused, in their liberties; and ruined in their Estates? Nay, what hope of redresse, when as our Petitions will not be accepted without great friends in the House? To be short, it is not credible that either people or person, in any outward condition under which they mourne, sigh, or groane, will continue any longer therein, then they have occasion of good termes to be delivered, according to the saying of Liv. lib. 8. Non credibile est illum Populum, vel hominem denique, in eâ conditione, cujus eum poeniteat, diutius quam necesse sit mansurum. Hence it must necessarily follow, that the multitude toucht to the quick in their liberties and means of living, will be easily perswaded to shake off all Bonds of obedience, so necessary to the Ma­gistrate; and to cast the blame of their sufferings upon the Authors, either as false to their Trust, or uncapable of the great weight of Autho­rity committed unto them: For who but a mad-man will yeild obe­dience unto those, who are regardlesse of their Lawes and Liberties, or negligent of the means of their Subsistance, Livelihood, and Safe­ty? the maine and only ends for which they are Conveened and cal­led together; and not to provide Offices for themselves, or to solli­cite the Causes of their particular friends, sometimes the greatest Ene­mies of the State.

I beseech you passe not lightly by these Confiderations as idle and vaine feares; for who shall hinder the multitude, if stung with a live­ly sence of their lost Freedoms, and means of subsisting; they shall endeavour the re-gaining thereof by some sudden attempt; seeing that (if the worst happen) they cannot be in much worse condition then they now are: As to the Committee for Examinations (menti­oned in Mr. Lilburns Letter) which ought to be the Touchstone, whereby to discern Gold from counterfeit: And in equity and reason, ought to be free, equall, and open as well to the Plantiffe, as Defen­dant; especially in Criminall Causes: But in cases of Treason, or which concern the Publique safety, ought rather to lend an attentive [Page 7] eare to the Delators or Accusers, then any way to discourage them: For if these necessary evills shall be disheartned, who will watch over the safety of the State? Besides, it is more safe and tollerable in the condition wherein we now are, that a mischief should happen to one man, then a ruine to the whole Kingdome.

As to this Committee, I wish from my soule, that Leiutenant Co­lonell LILBVRNE were the only complainant against them: Let Westminster-Hall, the Exchange, and other places of Publique mee­ting, inform you; What making of sides, browbeating of witnesses, baffeling of evidences, facing, and out-facing of the truth? What impertinent distinguishing and abusing the Formalities of the Law, is there complained of? And all this noise and turmoile to help a knave out of the briers.

It were more for the honour of their justice, and the satisfaction of the people, if the usuall forms of proceeding in cases of charge of Trea­son were observed: That is, that the person accused, were secured; and the accusers heard with all equanimity, patience, and attention: Whereas on the contrary, the accused is permitted to sit down cover­ed, as Peer and companion with the Commissioners, and to arraign his accusers.

O wretched times! O miserable England! which doest labour with all the symptoms, marks, and tokens, of a declining and dying state! Injustice avowed; Treason, countenanced; Oppression, become fa­miliar, almost legall; Oaths, Protestations, and Covenants solemnly made in the presence of God and man, slighted, and set at nought: Then to fill up the measure of our sorrowes, a Civill War within our own bowels, nay almost in every family: And last of all, a gene­rall corruption of manners, which assures us the malady will be lasting, if not incureable: What will be the end and issue of all this? Seeke to that Oracle which cannot lye.

Propter injustitiam, et injurias, et contumelias et diversos dolos: Reg­num a gente in gentem transfertur, Ecclesiasticus, Chap. 10. verse 8. Because of unrighteous dealings, injuries and riches got by deceit, the Kingdome is Translated from one people to another.