THE
COPIE
OF
A
LETTER
From
an
Vtter-Barrister
to
his
speciall
Friend
,
concerning
Lieutenant
Col.
LILBVRN'S
Imprisonment
.
Sept.
1645.
Kind
Sir
:
OUt
of
the
firm
confidence
and
certain
knowledge
which
you
seem
to
have
of
the
integrity
and
honesty
of
Lieutenant
Colonell
Lilburne
,
and
that
his
Letter
of
the
25th
.
of
July
,
contains
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
,
I
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
.
I
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
capacity
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
Commonwealth
.
Here
is
the
Character
and
description
of
the
House
of
Commons
(
which
themselves
(
I
think
)
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
Commonwealth
;
and
of
this
latter
,
Lieutenant
Colonell
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
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
.
I
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
pair
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
linkt
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
inbred
tyrannie
or
forraign
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
complaines
,
that
Three
times
since
the
first
of
May
last
,
he
hath
been
imprisoned
by
Authority
from
the
House
of
Commons
,
before
he
knew
the
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
calls
to
my
minde
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
yeeld
our selves
slaves
and
vassalls
,
to
the
tyranny
of
our
fellow-subjects
.
But
you
will
say
,
how
shall
we
amend
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
dour
and
precious
unto
us
,
ought
the
rather
to
oblige
them
to
a
tender
and
conscientious
care
of
the
dispensation
of
that
power
.
Besides
this
sovereign
or
legislative
power
(
which
they
make
use
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
,
to
degenerate
into
Tyrants
,
and
become
Hostes
humani
generis
,
enemies
of
mankinde
.
And
the
Angels
(
which
would
be
like
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
the
law
of
his
blessed
will
.
As
for
Princes
and
States
,
when
they
breake
out
into
exorbitancy
,
and
will
be
imitators
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
pas●e
of
necessity
;
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
,
Melsus
sub
inquissima
lege
,
quam
sub
aequissimo
arbitro
vivere
;
It
is
better
to
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
uncertain
,
and
so
in
danger
.
But
to
return
to
Lievtenant
Collonel
Lilburne
,
who
stands
imprisoned
by
a
Vote
of
the
House
of
Commons
for
refusing
to
answer
to
the
Committees
Interrogatories
,
before
cause
shewed
of
his
former
imprisonment
.
I
am
informed
by
some
Members
that
this
Vote
was
obtained
by
Bastwicke
surreptitiously
,
when
the
House
was
thin
and
empty
;
and
therefore
I
conceive
he
may
appeal
from
the
House
thin
and
empty
,
to
the
House
full
and
compleat
,
if
this
will
not
be
accepted
of
,
why
should
he
not
appeale
to
the
people
?
For
Buchanan
an
author
without
reproach
in
his
Booke
(
De
jure
regui
apud
Scotos
,
concerning
the
Scottish
Laws
)
doth
boldly
and
positively
affirme
,
Supremam
potestatem
esse
in
Populo
,
the
Supreame
power
to
be
in
the
people
.
And
before
Buchanan
,
the
Common-wealth
of
Rome
(
which
remaineth
a
patern
and
example
to
all
ages
both
for
Civill
and
Military
government
)
I
say
this
Common-wealth
in
its
best
perfection
did
allow
of
this
refuge
or
appeale
to
the
People
.
To
this
purpose
,
Titus
Livius
an
unreproveable
Author
,
speaks
in
these
termes
,
Decad.
5.
of
his
History
.
C.
Flaminius
was
the
first
(
as
one
of
the
first
)
that
understanding
the
Majesty
of
Rome
to
be
indeed
wholly
in
the
people
,
and
no
otherwise
in
the
Senate
,
then
by
way
of
delagacy
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
Hand
;
and
witnesse
the
cheerfull
readinesse
of
the
people
to
serve
the
publique
in
this
present
great
quarrrell
.
And
let
no
man
dreame
that
the
Parliament
may
trench
boldly
thereon
without
check
.
A
silly
conceit
,
and
aggravating
the
offence
:
For
a
dog
that
devoureth
his
owne
kind
,
we
account
more
unnaturall
then
a
Lion
or
a
Bear
of
another
kind
;
besides
the
heart
burning
which
is
easily
kindled
when
our
own
fellows
domineer
over
us
.
There
are
but
two
things
of
ruining
a
people
,
either
by
fear
or
love
,
the
first
may
be
more
agreeable
to
Master
Corbit
,
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
fom●
which
supports
it
.
The
second
,
of
love
,
is
safe
and
durable
.
Camillus
the
Roman
speaks
of
it
in
two
words
,
Firmissimum
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
,
a
free
born
subject
,
in
life
and
conversation
without
exception
.
Considerable
both
in
his
actions
and
suffrings
in
this
great
cause
,
that
such
a
subject
contrary
to
the
tenor
of
Magna
Carta
,
contrary
to
the
late
Covenant
and
Petition
of
Right
,
yea
and
the
direct
rule
alleadged
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
I
professe
is
to
me
a
riddle
beyond
all
that
this
monstrous
age
hath
brought
forth
;
I
need
not
say
how
much
the
publicke
liberty
is
wounded
in
the
injury
doubled
and
trebled
upon
their
fellow
member
,
nor
the
consequences
therof
,
which
if
drawn
into
president
,
who
can
count
himselfe
free
?
Nor
the
consequences
of
a
wicked
sentence
(
which
as
Chancellor
Bacon
saies
)
is
infinitely
worse
then
a
wicked
fact
,
as
being
held
a
president
or
paterne
,
whereby
oppression
beginning
upon
one
,
is
extended
as
warrantable
upon
all
.
And
this
conclusion
he
draweth
out
of
this
place
of
Scripture
,
Font
turbatus
pede
et
vena
corrupta
,
est
justus
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
body
.
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
bloud
,
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
senselesse
and
frivolous
distinctions
to
award
the
dishonor
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
greevances
:
these
answers
satisfie
none
but
Ideots
,
or
those
that
suck
profit
under
their
command
.
I
mentioned
before
the
danger
and
dishonour
arising
to
the
Parliament
hereby
,
which
of
necessity
must
ensue
;
for
seeing
that
Omne
Imperium
in
consensu
&
assensu
parentium
fondatur
Plinius
,
Paneg.
All
lawfull
Empire
or
Soveraigne
command
hath
its
basis
or
firm
foundation
in
the
consent
,
approbation
and
good
liking
of
the
people
;
a
rule
without
exception
.
What
consent
or
good
liking
can
be
expected
from
those
who
daily
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
groan
,
will
continue
any
longer
therein
,
then
they
have
occasion
of
good
termes
to
be
delivered
,
according
to
the
saying
of
Liv.
lib.
8.
Non
credible
est
illum
Populum
,
vel
hominem
denique
,
in
eâ
conditione
,
cujus
cum
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
,
uncapable
of
the
great
weight
of
Authority
committed
unto
them
:
For
who
but
a
mad
man
will
yeeld
obedience
unto
those
,
who
are
regardlesse
of
their
Laws
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
Considerations
as
idle
and
vaine
feares
;
for
who
shall
hinder
the
multitude
,
if
stung
with
a
lively
sense
of
their
lost
Freedomes
,
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
care
to
the
Delators
or
Accusers
,
then
any
way
to
discourage
them
:
For
if
these
necessary
evils
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
a
whole
Kingdome
.
As
to
this
Committee
,
I
wish
from
my
soule
,
that
Lieutenant
Colonell
LILBURNE
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
turmoil
to
helpe
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
arraigne
his
accusers
.
O
wretched
times
!
O
miserable
England
!
which
dost
labour
with
all
the
symptomes
,
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
owne
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
incurable
:
What
will
be
the
end
and
issue
of
all
this
?
Seek
to
that
Oracle
which
cannot
lie
.
Propter
injustitiam
,
&
injurias
,
&
contumelias
&
diversos
dolos
:
Regnum
agente
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
.