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A88212 The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher. Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662. 1649 (1649) Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531 104,077 84

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and the ● part Cooks Reports in Dr. Bo●hams case See the Army Book Declarat pag. 35. ●9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men ar● should not pay their debts Or that if any Member of ●●●liament do any of the People of England w●ong as daily they do by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d or disp●ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and s●●●red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 ●●ltitudes of persons besides that are their servants or attendants and also that any o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such trans●●de●● and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have ●o do with Parliament men as appears expresly by the Statute of Limitations of the a● of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom but for a yeer at most as to be free from Sui●s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may pi●k and chuse whom they please to ruinate and destroy and that no● for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against ●●●●pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cer●ai●ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Imp●ssibilitie The death of th● King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetu●ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parli●●●●● 〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the T●ie●●●ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Se● 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament st●led the head the begi●●ing and end of Parli●ments See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please a● for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the d●●e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law an● Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maxim● in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviou● to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be
The Legall Fundamentall LIBERTIES OF THE PEOPLE of ENGLAND Revived Asserted and Vindicated OR An EPISTLE written the eighth day of June 1649 by Lieut. Colonel JOHN LILBVRN Arbitrary and Aristocratical prisoner in the Tower of London to Mr. William Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say they are although they are never able to produce one bit of a Law or any piece of a Commission to prove that all the people of England or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers to chuse them a Parliament as indeed he hath de facto done by this pretended mock-Parliament And therefore it cannot properly be called the Nations or Peoples Parliament but Col. Pride's and his associates whose really it is who although they have beheaded the King for a Tyrant yet walk in his oppressingest steps if not worse and higher JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinction● sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my gr●●t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Pictur● of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your W●re in Hertford-shire He 〈◊〉 wilfully and of●et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his sho●s that were on his feet Doe therefore saith he recording to thy wisdom and he not his bo●ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corp●●● I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further