THE Oppreſſed Mans Oppreſsions declared: OR, An Epiſtle written by Lieut. Col. JOHN LILBURN, 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. Vlcerous Gangraenes, a bone or two to pick: In which alſo, divers other 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 m•n 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-blank contrary to the firſt part of that divine Sentence, but conſonant to the conclu­ſion of it; is very eaſie to demonſtrate with Pen and Ink, to the•…ew of2 the World; and as facill to your face, before any competent Judges to juſtifie 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 may, I ſhall not now make any ample repetition of your harſh dealing with me at the firſt; in divorcing me by the Law of your 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 35. p. of Vox Plebis. Therfore, in regard that the Author of that book hath pretty wel diſcovered your cruel and illegal dealing with me, at my firſt coming to the Tower, eſpecially in the 45, 46 47, 48, 49, pages thereof: And the Author of the ſaid book, called Regal tyrannie diſcovered, in the 48, 49, pages, And my ſelf 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 Anatomy of the Lords tyrannie, to which I refer the Reader, and in regard you are not aſhamed of your cruel and illegal carriages towards me, but perſevere in them (as though you would juſtifie one tyrannie, with backing it with continual acts of tyrannie) I ſhal ther­fore go on as effectually and punctually as I can, more fully to anato­miſe you, and your unjuſt, illegal, cruel, and unrighteous dealing with me, and for matter of fact, ſhal ſay nothing to your charge, but what I will juſtifie before any legal Authority in England.

But in the firſt place, I deſire to let you underſtand, that I am a free-born Engliſh-man, 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 Conſtitutions thereof; but have alwayes ſided with the Parl. it ſelf, who hath pretēded nothing ſo much, as the preſervatiō of the laws, liberties, & Fundamental Freedoms of Englād, and the peace and tranquility of the people; as you may read in their own Declarations, 1 part col. D••. pag. 172, 195, 214, 281, 342, 464, 498, 663, 666, 673, 750. for the pre­ſervation of which, I have conſtantly, couragiouſly, and as freely ad­vetured my life, as any of themſelues, what ever he be: And therfore 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 more­over,3 having to do with thoſe men as my Judges, 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 miſchief, 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 which I ſay AMEN: And there they proteſt, vow, and ſwear, they will maintain the fundamentall Lawes, and Liberties of the people, and therefore in that teſpect, you cannot groundedly in the leaſt, think, that I ſhould Iſſacar-like ſtoope willingly unto any other burthens, impoſitions, or Commands layd upon me, 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 do not finde any Law that makes Priſons, places of execu­tion, puniſhment, or torment, but onely 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 meer 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 wel ſaith p. 7. from Sir Ed. Cook in the 1. part of his inſtit. f. 260. that by Law, priſons are ordained not for deſtruction, but for ſecuring of mans perſons, until they be brought forth unto due & ſpeedy tryal, (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 Civility, ordered and uſed; other­wiſe Goalers are not Keepers, but tormentors and executioners of men untryed, and uncondemned, but this were not (ſalvo cuſtodire) to keepe men in ſafety, weich the Law implyes (and is all it requires) but (deſtruere) to deſtroy 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 and4 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 repaid and furniſhed as priſons at the com­mon Charge, ſee Cooke on the 1. E. 2. Statutum de frangentibus priſonum, in his 2. part inſtitutes fol. 589. and on the 26. Chap. of Magna Charta fol. 74. Ibem, and on the ſtatute of Weſtminſter.

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

Yea and the Law takes care that in caſe the priſoner when he is in priſon, have no meanes of his own 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 diſtroyer 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 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 3. times a yeare, which is once in foure moneths, and oftener if need ſhall be.

And as the authour of Vox Plebis pag. 55. ſaith, out ofStamf. 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 keepe 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 Juſtice pag. 288. ſaith that 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 finde in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295.that it5 was fellony at Common Law, in Goalers to compell their priſo­ners by hard impriſonment to become 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 been hanged for it, you may read 3. E. 3. 8.Northampton, Fitzh. pl. Cor. 295. and elſe-where, but this for a taſt to them.

In the ſecond place, I will tell you what the Law ſaith about Goalers Fees. The mirrour of Juſtice pag 28•. 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 goings out: this is the Common Law; there is no fee 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 do his Office, but ſhall be paid of that which they take of the King, and he that ſo doth ſhall yeeld twice as much, and ſhall be puniſhed at the Kings plea­ſure, under which word Officer, is concluded Goaler, Coronor, &c. ſo Sir Edward Cooke 2. part inſtitutes fol. 209. Stamf. 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 ſtatute are theſe;nor that any of the ſaid Officers and Miniſters by occaſion or under colors of their Office, ſhall take any other thing by them, nor by any other perſon to their uſe, profit, or availe 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 of 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 for 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,6 if the priſoner be committed to his ward, four pence; and that the Sheriffe, under-Sheriffe, Sheriffes Clerk, Steward, or Bayliffe of Franchiſe, Seruant, or Bayliffe, or Coroner, ſhal 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 pannell, and for the copy of any pannel, but 4.d

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

But (as Sir Edward Cook 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 ſubject; it is not credible what extortions and oppreſſions have hereupon enſued. So dangerous a thing it is, to ſhake or alter any of the Rules or Fundamental points of the Com­mon-Law, which in truth are the main Pillars and Supporters of the Fa­brick of the Common-wealth, as elſe-where I haue 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 ▪ cap. of the High Court of Par­liament, f. 41.

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

And then ſecondly, although you could not but know that by the Lords, &c. in the Star-Chamber, I, for about four years together be­fore this Parliament, under-went a great deſtruction by them, both in my body, goods, and trade: and ſince this Parliament, have ſpent many hundred pounds to obtain my juſt reparations (beſides other7 great loſſe I have had) yet have not got a penny, and being a youn­ger brother, and in Land have not 6. d incoming in the year; and be­ing robbed of my trade, calling, and livelyhood, 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 year 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 how 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 himſelf uſed to allow all priſoners committed to this place, although thoſe that had great eſtates of their own, into their own 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 denied me that legal and juſt priviledge, and ty­ed me either to faſt, or haue 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 & deſtroy me; and of your own 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 deſtructive bug-bear to any captived priſoner, which the Law of England doth not in the leaſt authorize and inable you to do: 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 ſelf (for upon your ſcore, I muſt, and do lay it all) exceedingly in words abu­ſed, and divers of them turned away, and not ſuffered to come and ſpeak 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 dea­lings8 with me, according to the known and declared law of the king­dome, then for your own ſake, I deſire you to remember your Prede­ceſſour, Sir Gervaſe Elmayes, who was indicted by the name of Gaoler of the Tower of London, and hanged upon Tower-hill, for conſenting to the poyſoning of Sir Thomas Overbury, Vox Plebis, pag. 48.

In the fifth place, ſeeing by all the fore-mentioned wayes & 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 & ſcan­dalous book 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 ſelf, 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 ſelf, and much importunity was I forced to uſe to your ſelfe, before I could obtain 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 haſte, that I could not take a Copy of it: out of whoſe hands, I could not get it, til 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 do, 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 deſire, I ſhould firſt have publiſhed my an­ſwer to his lyes: and then if he had had a mi••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 candor and ingenuity in you, and your Agent, old John White, a•that I ſhould not have had the like abuſe•from you after that arbitration, that I had before it, from you both ▪ but in regard that he at the ga••…, as my friends informe 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, Thos. Edwards the cankered Gangrena〈◊〉joy•••in con­federacy with him: But•o this, pr•••••…, I ſhall〈…〉with the inſerting of his recantation, or acknowledgment, and referre the9 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 acknowledgment thus followeth:

10Sixthly, after all this, by meanes of my wifes Petition, which was de­livered to the houſe of Commons 23. Septemb. 1646 and which you may read in the laſt mentioned book. pap. 65, 66, 67, 68 &c. by means of which, there was a Committee of the honourable houſe of Com­mons appointed, to hear 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 illegal 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 think that you durſt not have run the hazzard of per­ſevering in your illegal dealings with me: but in regard you doe, it cleerly demonſtrates unto me, that you judge the ſtreames of Juſtice 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 cor­rupt wills to walk by, and therefore lay the rule of the Law and Juſtice aſide) that they will never run cleer, nor purely again, 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 means of which, ſome of them have been forced to come four ſeverall times, before they could find him at the Gate; & others have been forced to ſtay, and ſit in the guard an hour, and ſometimes two, expecting his coming; without whoſe preſence, they could not have acceſſe to me; and divers of them in the time of their ſtay at the Guard, examined whether they be not Independēts, or no; & 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 deal with me; indevouring thereby ſtrongly to ſcare away all my friends from me? For, who in ſo ma­ny difficulties and abuſes would come to viſit a man, unleſſe he bore a11 very great affection to him: the which, if he do, the continual meeting with theſe baſe and unwarrantable affronts, in concluſion will make him weary.

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 abhor and deteſt.

In the 7. place, being in the condition that I am in, and being guil­ty of no legall crime in the world; unleſſe it be for being over honeſt and zealous for the preſervation of the juſt and publique Liberties of the Kingdom; 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 com­ing 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. Lieutenant did underſtand, that I was beyond the Ring; but it was his pleaſure, that J ſhould forbear to go any more beyond it: Vnto which, I replyed, Land­lord, I had only thought, that to go beyond the Ring, had been 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 at 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 do and may walk 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 enjoy any priviledge within the Tower, as any priſoner in it: and therefore will walk that way again, ſeeing all my fellow-priſo­ners enjoy the ſame liberty.

In the 8. 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 whither 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,12 at leaſt three or fourſore yards, on this ſide of the gate where your guard ſtands) 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 malipert, I perceived it to be your ſelf (who had with you, as I conceived, ſome of your Warders) unto which I replyed: Truly ſir, I do 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 go; for you ought not to ſtir out of your chamber after candels 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-born Engliſhman, a Kingdom that pretends (at leaſt) to be governed by Law, and not by Wil, & I am not to be ſubject unto thoſe orders in my impriſon­ment, that have no other Warrant, but the Goalers Will. Neither will I willingly be ſubject in the Tower unto any other orders, but what are conſonant and agreeable to the fundamental Laws of the Kingdome.

Vnto 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,

Vnto which, you replyed, Sir, I will make you; for I will locke you faſt enough in your chamber: And I bid you do your worſt, that either you could, or durſt do, 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 own unbinding will, and did not make your doores very ſtrong, I would make work for your Carpenters, by breaking them into as many pieces as I could.

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

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

I ſhall now take liberty, to return you a more ful 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 baſe13 and unworthy, to do upon deliberation that action, that I would not juſtifie to the death: But if I ſhould in the leaſt, ſtep aſide, I ſhould contract unto my ſelf 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 Kingdom, 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 ſhal dye like a Fellon or Traytor that is legally convicted, 1. E. 2. de frangentibus priſonam. See Cookes 2. part. inſtit. fol. 590, 591. For his ſlight, 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, vpon any pretence what e­ver framed by your ſelf, to lock me up in my chamber, as ſoone as candels are lighted, ſeeing I am in a moated and double-walled Priſon, where you have not only a Train-bond, but alſo great ſtore of your Warders to ſecure me?

And therefore, I tell you plainly, I ſhal never condeſcend to bee locked up ſooner then that convenient hour 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 candle-light, which then was before five a clocke, 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 vp 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 traitorous 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 ſecuritie; when the Law provides and enjoynes you no more, but to keep 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 caſes, 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, the Law is extraordinarie tender of the pri­ſoners ſafetie: but none of this I have not in the leaſt done, either14 to you, or the pooreſt boy belonging to you, not by Gods aſſiſtance wil not: but yet on the contrarie, before you ſhal make me a ſlave to your will, you ſhal have the heart-bloud out of my body.

Now in the laſt place, I wil 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 mee ſeemes to bee 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 Earl 100. l for a Baron 80. l for a Knight and Baronet 70. l, for a Baronet 60. l for a Knight 50. l and for an Eſquire 40. pound, and 30. s a week of every priſoner for liberty to buy and dreſſe his owne diet, and 10. s 15. s 20. s per weeke, for their Chamber-rent, and of ſome more.

For Sir Richard Gurney ſometimes Lord Mayor of London, & now priſoner in the Tower, hath paid as I have heard 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 Lieutenants table; for which hee had the impudencie to demand of him for it 25. l per week. ô horrible and monſtrous extortion and oppreſſion: and yet this is not all, for the laſt mentioned euthor in his 48. pag. ſaith, There is a new erected Office, and an intruded Officer, called the Gentleman Goaler, one Yates, a buſie fellow, who pretends to a fee of 50. s to be 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 Regal Tyrannie 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 Lieutenants Clarke, 10. s to the Miniſter; and divers of my fel­low-priſoners tell me, that their Keepers have and do 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 taken of all theſe fees due to be paid by the priſoner, but one bare great at moſt, and that given away by an oppreſſing and in­croaching law upon our antient and juſt liberties, as is before truly obſerved.

And yet priſoners are detained in priſon by your will, after they15 are legally diſcharged, becauſe they will not pay theſe undue and unjuſt fees, which at this very day is Sir Henry Anderſons caſe, and hath formerly been others; as the Author of Vox Plebis truly ob­ſerves: although the arranteſt Rogue & Thief that ever breathed, had, or hath, as true a right to any purſe that ever he did, or ſhal 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 impudent man, that dare aſſume unto your ſelfe of your own head, more then a regal power, to levie and raiſe mony by the law of your own will, vpon the free people of England.

Sir, let me tel you, this very thing was one of thoſe things, that was the Earl of Straffords great Crimes, for which hee paid very dear; and it is not impoſſible, but you and others that uſe it, may pay as dear for it in concluſion: therefore, look 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 Statutum de tallagio non concedendo; that no tallage or aid ſhall be laid or levied by the King or his Heires in this Realm, without the good will and aſſent of the Arch-biſhops. Biſhops, Earles, Barons, Knights Burgeſſes, and other the free-men of the Commonalty of this Realm, 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 Loanes 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 a benevolence, nor by ſuch like charge by which the ſtatutes before-mentioned, and other the good lawes and ſtatutes of this Realm, your ſubjects have inherited this freedome; that they ſhould not be compelled to contribute to any taxe, tallage, aid, or o­ther like charge, not ſet by common conſent in Parliament. All which, the King confirmes.

And by the ſtatute made this preſent Parliament, that aboliſhed Ship-money; All and a very the particulars, prayed or deſired in the ſaid Petition of Right, ſhall from henceforth 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 is16 declared and enacted to be againſt Law, for his Majesty 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 fear or flattery, that if your great Maſters the Lords, & the true prerogative-friends of the houſe of Commons, had any true and reall intentions to preſerve the Fun­damental Lawes and Liberties 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 deſtroy them) from their weighty employment, of dividing great and vaſt ſummes of the Common-wealths money amongſt themſelves, without either doing juſtice and right in the like nature to any man breathing, unleſſe it be themſelves, or ſome of their ſons, kinſmen, or near friends; whoſe principles, are to ſerve their ends to the breadth of a haire in all they enjoyn them; they would ſcorn 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 paltery Jaylor in England to do 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 Parlament, 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.