THE Oppreſſed Mans Oppreſsions declared: OR An Epiſtle written by Lieut. Col. IOHN LILBURNE, Preroga­tive-priſoner (by the illegall and arbitrary Authority of the Houſe of Lords) in the Tower of London, to Col. Francis Weſt, Lieutenant thereof: In which the oppreſſing cruelty of all the Gaolers of England is declared, and particularly the Lieutenants of the Tower. As alſo, there is thrown unto Tho. Edwards, the Author of the 3^d. Vlcerous Gangraena, a bone or two to pick: In which alſo, divers things are handled, of ſpeciall concernment to the preſent times.

IT is the ſaying of the Spirit of God, in the 12. Prov. 10. That a righteous man regardeth the life of his beaſt, but the tender mercies of the wicked are cruell. How far your actions, and carriages with me, that am more then a Beaſt, have been point-blanke contrary to the firſt part of that divine Sentence, but, conſonant to the concluſion of it; is very eaſie to demonſtrate with pen and〈…〉view of the World; and as facill to your face, before any competent Iudges to juſti­ce and prove: And this is the Theme I have choſen a little to inſiſt upon at this preſent time: but being reſolved, to be as conciſe as I can, I ſhall not now make any ample repetition of your harſh dealing with me at the firſt; in divourcing me by the law of our own Will from my Wife, and getting the Lords to make an order to bear you out in it after you had done it; and that I ſhould ſpeak with none of my friends, but in the preſence and hearing of my Keeper, &c. Which cruell Order, meerly obtai­ned and got by your ſolicitation, the Reader may read in the〈◊〉. p. of Vox Plebis. Therefore, in regard that the Author of that Book hath pretty well diſcovered your cruell and illegall dealing with mee, at my firſt comming to the Tower, eſpecially in2 the 45, 46, 47, 48, 49. pages thereof: And the Author of a late booke called Re­gal tyrannie diſcovered, in the 48, 49. pages, And my ſelfe hath pretty well laid it o­pen in the 16, 17, 18, 20. pages of my printed Relation before the Committee of the honourable houſe of Commons Novemb. 6. 1646. called An Anotomy of the Lords tyrannie, to which I refer the Reader, and in regard you are not aſhamed of your cruel and illegall carriages towards me, but perſevere in them (as though you would juſtifie one tyrannie, with backing it with continuall acts of tyrannie) I ſhall there­fore goe on as effectuall and punctuall as I can, more fully to anotamiſe you, and your unjuſt, illegall, cruell, and unrighteous dealing with me, and for matter of fact, ſhall lay nothing to your charge, but what I will juſtifie before any legall Au­thority in England.

But in the firſt place, I deſire to let you underſtand, that I am a free-born Engliſh­man, and have lived a legall man thereof all my dayes, being never yet convicted of any attempt or deſign undertaken, or countenanced by me, that did tend to the ſubverſion of the Fundamentall Lawes and conſtitution thereof; but have alwayes ſided with the Parliament it ſelfe, who hath pretended nothing ſo much, as the preſervation of the lawes liberties, and Fundamentall Freedomes of England, and the peace and tranquility of the people; as you may read in their owne Declarations, 1 part col. Dec. pag. 172. 195. 214. 281. 342. 464. 498. 663. 666. 673. 750. for the preſervation of which, I have conſtantly, couragiouſly, and as freely adventured my life, as any of them­ſelves, what ever he be: And therefore in every particular, have juſt and grounded cauſe to expect the utmoſt priviledge and benefit that the Law of England will afford any man whatever, that is under the obedience and ſubjection thereof: Nay more over, having to doe with thoſe men as my Iudges, that made all or the moſt of theſe Declarations, and who have alſo declared, it lyes not in their power to inſlave or invaſalize, the people, being truſted for their good, not for their miſchiefe, to provide for their weal, but not for their woe, 1 part Col. dec pag. 150. 214, 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in theſe and other of their own De­clarations, imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them, and theirs, when they ceaſe actually to performe what verbally they there declare, unto whtch I ſay AMEN: And there they proteſt, vow, and ſweare, they will maintain the fundamentall Lawes, and Liberties of the people, and therefore in that reſpect, you cannot groundedly, in the leaſt, thinke, that I ſhould Iſſacar-like ſtoop willingly unto any other buthens, impoſitions, or commands layd upon mee by you, or any other whatſoever, that are not warrantable and juſtifiable by the fun­damentall Lawes of the Land, and whether your practiſes have been ſo with me, I-will compare them to the Law, and leave every rationall man to judge.

Firſt, I doe not find any Law that makes priſons, places of executions, puniſhment, or torment, but only places of ſafe cuſtody, for the Law of England (as Sir Edward Cooke in the ſecond part of his inſtitutes fol. 28. excellently declares) is a Law of mercy, (yet as he then ſaid, ſo I much more ſay now) it is now turned into a meere ſhaddow, which is the moſt we now enjoy of it) and therefore as the Author of the late booke, called Liberty vindicated againſt Slavery, very well ſaith, p. 7. from Sir Edward Cooke in the 1. part of his inſtit. f. 260. that by the Law, priſons are ordained not for diſtruction, but for ſecuring of mens perſons, untill they be brought forth unto due and3 ſpeedy tryall (for being in priſon, they are under the moſt eſpeciall protection of the Law, and the moſt tender care thereof) and are therefore to be humanly, courteouſly, and in all Civillity, ordered and uſed; otherwiſe Goalers are not keepers, but tormentors and executioners of men untryed, and uncondemned, but this were not (ſalvo cuſto­dia) to keep men in ſafety, which the Law implyes (and is all it requires) but (diſeruere) to diſtroy before the time, which the Law abhors and deteſts, yea and that priſoners (though never ſo notorious in their crimes) may be the more honeſtly and carefully provided for, and the better and more civilly uſed, and to the end, that Goalers and Keepers of priſons, ſhould not have any colour or excuſe, for exacting any thing from priſoners, (under what colour or pretence ſoever, whether the ſame be called fees, or Chamber-rent) who are in cuſtody of the Law: It is provided, and declared by the Law, that all priſons and Goales what ever, be the Kings, for the publike good, and therefore are to be repared and furniſhed as priſons at the common Charge, ſee Cook on the 1. E. 2. Satutum de frangent bus priſonum, in his ſecond part inſtitutes fol. 589 and on the 26. Chap. of Magna Charta fol. 74. Ibim, and on the ſtatute of Weſtminſter.

The firſt Chap. 26. fol. 209. 210. Ibim.

Yea, and the Law takes care that in caſe the priſoner when he is in priſon, have no meanes of his owne to live upon, that then by the publike he is to be maintained, 14. Eliz. 5.21. Iames 28. Vox Plebis, pag. 57. for a freeman of England (as I am) is not brought to priſon to be ſtarved with cold, or hunger, but to the end juſtice upon him may be done: The priſon, at moſt, in Law, is but a ſafe preſerver but not a deſtroyer of the priſoner, who with all convenient ſpeed according to Law, is to come to his tryall, and either according unto Law to be condemned, or elſe to be delivered in convenient time without delay, 4 E. 3.2. See my anſwer to Mr. Pryn, called Innocency and Truth juſtified, pag. 32. who by the Law is never to re­maine in priſon above 6. moneths at moſt, for Goale deliveries are by the 4. E. 3.2. to be kept and made three times a yeare, which is once in foure moneths, and oft­ner, if need ſhall be.

And as the Author of Vox Plebis pag 55. ſaith, out of Stamf. pl. Cor. f. 30. Im­priſonment by Law, is (neither ought to be) no more then a bare reſtraint of Li­berty, without thoſe illegall diſtinctions, of cloſe and open impriſonment, and therefore Bracton fo. 18. ſaith, that if a Goaler keep his priſoner more cloſe then of right he ought, whereof the priſoner dieth, this is fellony in the Goaler.

And Horne, in the mirrour of Iuſtice. pag. 288. ſaiththat it is an abuſion of the Law that priſoners are put into Irons, or other paine, before they are attainted. And pag. 34. 36. he reckons the ſterving of priſoners by famine, to be among the crimes of homicide in a Goaler.

And we find in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295.that it was fellony at Common Law, in Goalers to compell their priſoners by hard impriſonment to be. come approvers, whereby to get their goods: which Law is ſince confirmed by the ſtatute of 14. E. 3. Chap. 10. with ſome inlargement; as to under keepers of pri­ſons, and the penalty of the Law, and that Goalers having done this, have beene hanged for it, you may read 3. E. 3.8. Northampton, Fitzh. pl. Cor. 295. and elſe where, but this for a raſt to them.

In the ſecond place, I will tell you what the Law ſaith about Gaolers Fees. The mirrour of Iuſtice pag. 288. tells us, that it is an abuſion of the Law, that priſoners or others for them, pay any thing for their entries into the Goale, or for their going out; this is the Common Law; there is no ſee at all due to any Goalers whatſoever by the Common Law; See what the ſtatutes ſay. The ſtatute of Weſtminſter 1. Chap. 26. being the 3. E. 1.26. ſaith, that no Sheriffe, nor other the Kings Officer, take any reward to doe his Office, but ſhall be paid of that which they take of the King, and he that ſo doth ſhall yield twice as much, and ſhall be poliſhed at the Kings pleaſure, under which word Officer, is concluded Goaler, Coroner, &c. ſo Sir Edward Cooke 2. part inſtitutes fol. 209. Stam. pl. Cor. 49. nay, by the ſtatute of 4. E. 3.10. Goalers are to receive theeves, and fellons, taking nothing by way of fees for the receipt of them, ſo odious is this extortion of Goalers, that very theeves and fellons are exempt from payment of fees. It is true, that by an incroaching ſtatute upon our liberties, made in the 23. H. 6.10. there is a fee given to the Goaler to be paid him by his priſoner, but yet it is very ſmall, the words of the ſtatures are theſe;nor that any of the ſaid Officers and Miniſters, by occaſion or under colour of their Office, ſhall take any other thing by them, nor by any other perſon to their uſe, profit, or avaiſe of any perſon by them or any of them to be arreſted, or attached, nor of any other of them for the omitting of any arreſt, or attachment to be made by their body, or of any per­ſon by them or any of them, by force or colour of their Office, arreſted or attached for fine, fee, ſuit of priſon, mainpriſe, letting to baile, or ſhewing any eaſe or favour to any ſuch perſon ſo arreſted, or to be arreſted for their reward or Profit, but ſuch as follow; that is to ſay, for the Sheriffe 20. d. the Bayliffe which maketh the ar­reſt or attachment 4 d. and the Gaoler, if the priſoner be committed to his ward, four pence; and that the Sheriffe, under-Sheriffe, Sheriffes, Clerke, Steward, or Baylife of Franchiſe, Servant or Bayliffe, or Coroner, ſhall not take any thing by co­lour of his office by him nor by any other perſon to his uſe, of any perſon for the making of any return or panell, and for the copy of any panel, but 4. d.

And it followes in the ſame Statute,that all Sheriffes, under-Sherffes, Clerks, Bayliffes, Goalers, Coroners, Stewards, Bayliffes of Franchiſes, or any other Officers or Miniſters, which doe contrary to this Ordinance in any point of the ſame, ſhall loſe to the party in this behalfe indammaged or grieved, his treble dammages, and ſhall forfeit the ſum of 40. l. at every time they or any of them doe the contrary thereof in any point of the ſame, where of the King ſhall have the one halfe to be imployed in the uſe of his houſe, and in no otherwiſe, and the party that ſhall ſue the other half.

But (as Sir Edward Cooke well obſerves, on the 25. chap of Magna Charta, 2. part Inſtitut. fol. 74.) after the rule of the Common Law was altered, and that the Sheriffe Coroner, Goaler, and other the Kings Miniſters, might in ſome caſe take of the ſubiect; it is not credible what extortions and oppreſſions have hereupon enſued. So dangerous a thing it is (ſaith he) to ſhake or alter any of the Rules or Fundamentall points of the Common Law, which in truth are the main Pillors and Supportars of the Fabrick of the Common-wealth, as elſe-where I have noted more at large viz. fol. 51, 210.249. Ibim. ſee the Preface to the 4. part of his Reports, and the 4. part of his inſtitutes capof the High Court of Parliament, f. 41.

Now Sir, having laid this ſure foundation, I will aſſume the boldneſſe, to compare your dealings with me, to the fore-mentioned rules that the Law preſcribe you: And firſt to the matter of uſage, you know very well, you of your owne head at firſt kept my wife from me, and made me a cloſe priſoner, as in the fore-mentioned bookes, pag. 2. is truly declared.

And then ſecondly, although you could not but know that by the Lords, &c. in the Star-Chamber, I, for about foure yeares together before this Parliament, un­der-went a great diſtruction by them, both in my body, goods, and trade: and fince this Parliament, have ſpent many hundred pounds to obtaine my juſt repara­tions (beſides other great loſſes I have had) and yet have not got a penny, and be­ing a younger brother, and in Land have not 6. d. in comming in the year; and be­ing robbed of my trade, calling, and lively-hood, by the Merchant Monopolizers: ſo that I could not with freedome tranſport one Cloth into the Low-countries, to get any lively-hood thereby: all which, above a yeare agoe, I was neceſſitated pub­likely to declare, in anſwer to William Pryns lyes and falſhoods, in my book called Innocency and Truth juſtified, which there you may read, eſpecially in pag. 39. 43. 47. 48. 62. 65. 75. and now being committed to your cuſtody in the Tower, the chargeableſt Priſon this day in all England, and where I am denyed the juſt and le­gal uſage and allowance that the King himſelfe uſed to allow all priſoners committed to this place, although they had great eſtates of their owne, in their owne hands and poſſeſſion, whoſe allowance was to find them diet, lodging, and pay their fees, Vox Plebis, p. 50. 56. 57.

Nay, when I came in, and deſired you, that I might have my diet from my wife out of the town, which I did for two reaſons.

Firſt, for ſafety, having heard much of ſir Thomas Overburies being poyſoned when he was a priſoner in the Tower.

Secondly, for the ſaving of money, which ſtood me much upon; but you abſolute­ly denyed me that legal and juſt priviledge, and tyed me either to faſt, or have my diet from the Cookes in the Tower.

Thirdly, being thus committed to this extraordinary chargeable expenſive place, and being in ſo mean a condition, as I muſt ingeniouſly confeſſe I was, you took in the third place, the ready way to ſterve and deſtroy me; and of your owne head, or­dered your Warders to take the names and places of habitation, of all thoſe that came to ſee me, or ſpeak with me, a diſtructive bug-bear to any captived priſoner, which the Law of England doth not in the leaſt authorize and inable you to doe: but this was not all, but in the fourth place, my friends, though they gave their names, were by your Warders, ſet on by your ſelfe (for upon your ſcore, I muſt, and doe lay it all) exceedingly in words abuſed, and divers of them turned away, and not ſuffered to come and ſpeake with me: O bloody and cruell man! what is this elſe, but an ab­ſolute Declaration of your reſolved intention, to deſtroy me in my impriſonment under your cuſtody? which the Law abhors: but if for the ſake of the Law, or for my ſake, you will not ſquare your dealings with me, according to the known law of the kingdome, then for your owne ſake, I deſire you to remember your Predeceſſour, Sir Garvaſe Elviſh, who was indicted by the name of Gaoler of the Tower of Lon­don, and hanged upon Tower-hill, for conſenting to the poyſoning of his Priſoner, Sir Thomas Overbury, Vox Plebis, pag. 47.

In the fifth place, ſeeing by all the fore-mentioned wayes and meanes you could not ſcare all my friends from me, and ſo by conſequence deſtroy me.

Then you deviſe another way, and ſet one of your old Maſtive dogs upon me, to baite and to worry me with lyes, reproaches, and calumniations: and for that end, printed and publiſhed a moſt baſe and ſcandalous booke againſt me, thereby to make me odious to all men whatſoever, that would believe that book, which was publiſhed againſt me at ſuch a time; when by your ſelfe, my hands were faſt tyed be­hind my back, being kept by your order very ſtrictly from Pen, Ink, and Paper, and ſo in a condition unable publikely to vindicate my ſelfe, and much importunity was I forced to uſe to your ſelfe, before I could obtaine leave from you to anſwer it, and neceſſitated to tye my, ſelfe by promiſe to ſuch and ſuch conditions: and amongſt the reſt, that you ſhould read it all over, before it was publiſhed: And I, for my part, performed my promiſe, and was neceſſitated to give the originall into your hands in ſuch haſt, that I could not take a Copy of it: out of whoſe hands, I could not get it, tell I was in ſome reſpect neceſſitated to an arbitration: and being not able to doe what I would for my own vindication. I was in a manner compelled by you to be content with what I could doe, which was to accept a ſubmiſſion from him for my wounded, rent, and torn reputation by him: although, if I could have accompliſhed what I deſired, I ſhould firſt have publiſhed my anſwer to his lyes: and then if he had a mind put it to arbitration, but neceſſity hath no other Law but a ſtooping to it: but I was in hope, that I ſhould have found ſo much cancor and ingenuity in you, & your Agent old Iohn White, as that I ſhould not have had the like abuſes from you after that arbitration, that I had before it from you both; but in re­gard that he at the gate, as my friends informes me, doth not ceaſe in his rancour and venim againſt me; I muſt be neceſſitated to publiſh my anſwer to him; eſpeci­ally, ſeeing as I conceive, Tho. Edwards the cankered Gangraena, is joyned in confe­deracy with him: But at the prefent, I ſhall content my ſelfe with the inſerting of his recantation, or acknowledgement, and referre the Reader for a full relation of that arbitration, to the 59. 60, 61, 62, 63. pages of my late book, called Londons Liberty in Chains diſcovered; the aforeſaid acknowledgement thus followeth:

Sixthly, after all this, by meanes of my Wifes Petition, which was delivered to the Houſe of Commons 23. September 1646. and which you may read in the laſt men­tioned book. pap. 65, 66., 67, 68 &c. by meanes of which, there was a Committee of the honourable houſe of Commons appointed, to heare and receive my complaint againſt the Lords, and the 6. of Novemb. 1646. was the laſt time I was before the Committee; where I had an opportunity, in part, to declare unto them, your ille­gall dealing with me: which Declaration, you may read in the 17, 18, 20. pages of that relation, now in print; and I muſt confeſſe unto you, I did thinke that you durſt not have run the hazzard of perſevering in your illegall dealings with me: but in regard you doe, it cleerly demonſtrates unto me, that you judge the ſtreames of Iu­ſtice ſo muddy and corrupted (by the intereſt and power of your Lords, and their facti­ons, who would have no other rule, but their own baſe and corrnpt wills to walke by, and therefore lay the rule of the Law and Juſtice aſide) that they will never run cleer, nor purely againe, to puniſh ſuch tranſgreſſors as you are.

But that you may know (although I have had exceeding hard meaſure, in be­ing ſo long delayed in the making of my report) that I am not out of hopes, nor in deſpaire, I give you this freſh charge and tell you, that after I had done with the Committee, your next illegall deſigne that you executed upon me, was, that my friends could not paſſe your guard, unleſſe my keeper were there preſent to con­duct them unto me; by meanes of which, ſome of them have beene forced to come four ſeverall times, before they could find him at the Gate; and others have beene forced to ſtay, and ſit in the guard an hour, and ſometimes two, expecting his com­ing; without whoſe preſence, they could not have exceſſe to me; and divers of them in the time of their ſtay at the Guard, examined whether they be not Inde­pendents, or no, and whether they never preached in Tubs, or no: And if they anſwer croſly to the queſtions, as well they may, then they are fallen upon, and both they and I in words exceedingly abuſed: and I am told, that an old tall man in black, with a great ſtaffe in his hand, is not wanting to play his part, which I judge to be Mr White.

Now ſir, is not this the height of illegality, cruelty, tyrannie, and bloud-thirſti­neſſe in you, thus to deale with me; indevouring thereby ſtrongly to ſcare away all8 my friends from me? For, who in ſo many difficulties and abuſes would come to viſit a man, unleſſe he bore a very great affections to him? the which, if he doe, the continual meeting with theſe baſe and unwarantable affronts, in concluſion will make him wery.

And truly ſir, let me tell you, this is not to uſe me with civility, and humanity in my impriſonment, as the Law requires I ſhould, but this is to torment, puniſh, and deſtroy me, which, the Law, and all juſt and honeſt men abhors and deteſts.

In the 8. place, being in the condition that I am in, and being guilty of no legall crime in this world; unleſſe it be for being over honeſt and zealous for the preſer­vation of the juſt and publique Liberties of the Kingdome; I know no reaſon, why I may not enjoy the utmoſt priviledge and liberty in the Tower, that any priſoner in it doth enjoy: yet notwithſtanding, not many weeks agoe, I was but going with a fellow-priſoner in the path that leads to the Record office; and comming back to my Lodging under the Gate, that is juſt againſt the Traytors Gate, I met your pretend­ed Gentleman Goaler, and immediatly Mr. Comport, my Landlord and Keeper came and delivered a meſſage from you to me, which was to this effect: That Mr. Leiutenant did underſtand, that I was beyond the Ring: but it was his pleaſure, that J ſhould forbeare to goe any more beyond it: Vnto which, I replyed, Landlord, I had only thought, that to goe beyond the Ring, had beene for a man when he came to it, to have turned on the right hand, and ſo to have gone, as if he would have gone out of the Gate, which I did not in the leaſt: for I turned on the left hand with one of my fellow-priſoners, and walked in the path that goes to his Chamber, and divers other Chambers of my fellow-priſoners, which path they doe and may walke in every day in the week, and every hour in the day. And therefore, tell your Maſter from me, I ſhall not obey his order, for I have as good right to enioy any privi­ledge within the Tower, as any priſoner in it: and therefore will walk that way againe, ſeeing all my fellow-priſoners inioy the ſame liberty.

In the 9. place, the other night there being a friend with me, about 6. or 7 a clock at night, I walked out of my chamber with him; which is a priviledge that all my fellow-priſoners enjoy, and he having a candle and lanthorn in his hand, paſ­ſing under Cole Harbour Gate, I was roughly and ſuddenly demanded whether I went? And I replyed, along with my friend, to conduct him as farre as my liberty would extend (which was down to the Ring, which is as I conceive, at leaſt three or foure ſcore yards on this ſide of the gate where your guard ſtands) and I was reply­ed unto in theſe words, Sir, you ſhall not goe: At which, looking well about me (it being very dark) to ſee who it was, that was ſo malipart, I perceived it to be your ſelfe (who had with you, as I conceived ſome of your Warders) unto which I reply­ed: Truly ſir, I doe not like the word ſhall; it is but unhanſome language, to tell me, I ſhall not go.

No ſir I ſay (ſaid you) you ſhall not goe; for you ought not to ſtir out of your chamber after candles are lighted.

Truly ſir (ſaid I) I know no ſuch order. Vnto which, you replyed, Well, then ſir, I now give you ſuch an order: and I bid you give it to thoſe that would obey it; for I would not: and I gave you the reaſon of it; which was, that I was a free-borne Engliſh-man, a Kingdome that pretends (at leaſt) to be governed by Law, and not9 by Will, and I am not to be ſubject unto thoſe orders in my impriſonment, that have no other Warrant, but the Gaolers Will. Neither will I willingly be ſubject in the Tower unto any other orders but what are conſonant and agreeable to the fundamentall Laws of the Kingdome.

Unto which you replyed; Sir, you ſhall obey my orders, and I will make you.

Sir, ſaid I, I will not obey your orders, nor you ſhall not make me: And I tell you to your face, I ſcorn both you and your orders, and that I value you not, the pa­ring of my naile.

Unto which, you replyed, Sir I will make you, for I will lock you faſtenough in your chamber: And I bid you doe your worſt, that either you could, or durſt doe, I cared not a ſtraw for you: But I bad you take notice of this, by the way; that if you locked me up by the power of your owne unbinding will, and did not make your docres very ſtrong, I would make work for your Carpencers, by breaking them into as many pieces as I could.

You replyed, you would make them up againe. And I told you I would break them againe.

You told me, your ordering us to keep our Chamders after candle was lighted was for your own ſecurity.

I ſhall now take liberty, to return you a more full anſwer to this, then I did be­fore to you, which is this; That I for my part, for all the gold in London, would not give juſt cauſe to be counted ſo baſe and unworthy, to do upon deliberation that action, that I would not juſtifie to the death: But if I ſhould in the leaſt, ſtep afide, I ſhould contract unto my ſelfe that guilt, which I am confident, all the ene­mies I have in England, are not able in the leaſt to fixe upon me: For, I underſtand by the Law of this Kingdome, that he that is committed to priſon for Felony, or Treaſon; although really and truly he be guilty of neither, yet if he break priſon, and be taken again, he ſhall dye like a Fellon or Fraytor that is legally convicted, 1. E. 2. de frangentibus priſonam. See Cookes 2. part. instit. fol. 590. 591. For his flight, in the eye of the Law, argues guiltineſſe.

And beſides, my friend and I had a horn Lanthorn and Candle, which put all out of ſuſpition of going out in the dark.

But thirdly, what ground have you, upon any pretence whatever framed by your ſelfe, to lock me up in my chamber, as ſoon as candles are lighted, ſeeing I am in a moated and double walled Priſon, where you have not only a Train-band, but alſo great ſtore of your owne Warders to ſecure me?

And therefore, I tell you plainly, I ſhall never condiſcend to be locked up ſooner then that convenient houre of 8. a clock, the accuſtomed hour of the place, which is much ſooner then they are in other priſons, that I have been in.

Fourthly, if under pretence of your ſecurity, I ſhould give way for you to confine or lock me up in my chamber, at candlelight, which then was before five a clock, may not you as well and as groundedly upon the ſame pretence (if you pleaſe to ſay it is for your ſecurity) keep me locked up in my chamber till 12. a clocke, yea, the whole day, if you pleaſe: And if I ſhould ſuffer this in the leaſt, what am I leſſe then traiterous to my ſelfe, and to my liberties, to give you a power by your own meer will, to make and impoſe a law upon me, whenſoever you ſhall pleaſe to ſay that its for your ſecurity? when the Law provides and enjoynes you nomore, but10 to keepe me in ſafe cuſtodie within your priſon, and to uſe me and all that come to me, civillie, and with all humanitie, and leaves me not in the leaſt to your will, but only in ſome extraordinarie caſe, as in doing or offring violence to the Goa­ler, or Goalers, or to my fellow-priſoners, to the apparent breach of the peace of the priſon: and yet in this I have not in the leaſt done, either to you, or the poor­eſt boy belonging to you, nor by Gods aſſiſtance will not: but yet on the con­trarie: before you ſhall make me a ſlave to your will, you ſhall have the heart-blood our of my body.

Now in the laſt place, I will compare the fees taken and demanded in the Tower with thoſe the Law gives; and what they are, you may fully read before.

Now, by the Author of Vox plebis, who to me ſeemes to be a knowing man in the practiſes of the Lieutenants of the Tower, who in his 48, 49. pages, ſaith. That there is demanded for the admittance of an Ecrl 100. l for a Baron 80. l for a Knight and Baroner 70. l. for a Baronet 60. l. for a Knight 50 l, and for an Eſqui•…40. pound, and 30. s. a week of every priſoner for liberty to but and droſſe his owne diet, and 10. s. 15 s. 20. s. per week, for his Chamber rent, and of ſome more.

For Sir Richard Garney ſometimes Lord Mayor of London, and now priſoner in the Tower, hath paid as I have beard him aver it 3. l. a week for his Chamber-rent; and in the time of a Predeceſſour of yours, dieted 3 weeks at the Lievtenants table: for which he had the impudencie to demand for it 25 l. per week. ô horrible and monſtrous extortion and oppreſſion: and yet this is not all, for the laſt menti­oned author in his 48. page ſaith, There is a new erected Office, and an intruded Officer, called the Gentleman Goaler, one Yates a bufie fellow, who pretends to a fee of 50 s 10 he paid him, at the going away of every priſoner, pag. 51. ibim.

But yet this is not all, for in p. 49 of the late printed book called Regall Tyran­ny diſcovered, he ſaith, that the Gentleman Porter demands for his fee 5. l. and a mans upper garment: 40. s. to the Warders, 10. s. to the Lievtenants Clarke, 10. s. to the Miniſter; and divers of any fellow priſoners tell me, that their Keepers have and doe demand of them, either their diet, or 5. s. a week, for locking them up at night in their Chamber, and opening their chamber-dores.

O horrible and monſtrous injuſtice, oppreſſion, and crueltie, to demand and take theſe fees; whereas, by Law, there is not one farthing token of all theſe fees due to be paid by the priſoner, but one bare groat at moſt, and that given away by an oppreſſing and incroaching law upon our ancient and juſt liberties, as is before truly obſerved.

And yet priſoners are destined in priſon by your will, after they are legally diſcharged, becauſe they will not paytheſe undue and unjuſt fees, which at this ve­ry day is Sir Henry Anderſons caſe, and hath formetly beene others; as the Author of Vox Plebis truly obſerves; although the arranteſt Rogue and thiefe that ever breathed, had, or hath, as true aright to any purſe that ever he did or ſhall take from an honeſt man upon the high way by force and violence, as you or any other hath to any of the fore-mentioned fees. O yee proud and impuden man, that dare aſſume unto your ſelfe of your owne head, more then a regal power, to levie and raiſe mony by the Law of your own will, upon the free people of England.

Sir, let me tell you, this very thing was one of thoſe things, that was the Earl of11 Straffords great crimes, for which he paid very dear; and is it not impoſſible, but you and others that uſe it, may pay as deare for it in concluſion: therefore looke to it, and thinke of it.

And if you pleaſe to read the Petition of Right, made by the Lords and Commons unto this King, in the 3. of his Raign, you ſhall find in the beginning of it, they; ſhew him that by the ſtatute of the 34. E. 1. called Stdtutum de tailigio non concedend•that no tallage or aid ſhall be la•d or levied by the King or his Heires in this Realme, withaut the good will and aſſent of the Arch-Biſhops, Biſhops, Earles, Barons, Knights, Burgeſſes, and other the free-men of the Commonalty of this Kealme, and by authority of Parliament holden in the 25. E. 3. it is declared and enacted; that from thence-forth no perſon ſhould be compelled to make any Loanes to the King againſt his will; becauſe ſuch Loane, were againſt reaſon, and the franchiſe of the Land, and by other Lawes of this Realme, (viz. 1. E 3.6.11. R. 2.9.1. R. 3.2. ) it is provided; That none ſhall be charged by any charge or impoſition, called abenevolence, nor by ſuch like charge, by which the ſtatutes before-mentioned, and other the good lawes and f•at•teo, of this Realm your ſubjects have inherited this freedome; that, they ſhould not be compoſed to contri­bute to any taxe, tallage, aid, or other like charge, not fet by common conſent in Parlia­ment. All which, the King confirmes.

And by the ſtatute made this preſent Parliament, that aboliſhed Ship money; All and every the particulars, prayed or deſired in the ſaid Petition of Right, ſhall from hence ſorth be put in execution accordingly, and ſhall be firmly and ſtrictly holden and obſerved, as in the ſame Petition they are prayed and expreſſed: yea, in this very ſtatute it is declared and enacted to be againſt Law for his Maieſty upon any pretence what ever, to levie money of the people of England, without common conſent in Parliament.

And truly ſir, let me tell you without feare or flattery, that if your great Maſters th Lords, and their true prerogative friends, which fill nor up a few places in the Houſe of Commons, had any true and reall intentions to preſerve the Fundamen­tall Lawes and Lioerties of England, or had any time to ſpare (to puniſh thoſe that juſtly and groundedly infringe them, and doe as much as in them lies, to deſtrey them) from their weighty employment, of deviding great and vaſt ſums of the Com­mon wealths money amonſt themſelves, without either doing juſtice and rightin the, like nature to any man breathing, unleſſe it be themſelves, or ſome of their ſons, kinſmen, or neare friends; whoſe principles, are to ſerve their ends to the breadth of a haire in all they enjoyne them; they would ſcorne to give cauſe to be reputed ſo baſe and unworthy as they are, to deny the King the power (unto whom ever and anon, they give ſuch glorious and tranſcendent titles unto) to levie and raiſe money without common conſent in Parliament; when they allow every paultery Iaylor in England to doe it at his pleaſure; yea, and for any thing I can perceive abet: and countenance him in it, for they will not nor have not done all this long Parlia­ment, any man any effectuall juſtice againſt them that have complained of them, but every man is cruſhed, and in a manner deſtroyed, that meddles any thing to the pur­poſe with them.