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A88235 Lieu. Col. John Lilburn's plea in law, against an Act of Parliament of the 30 of January, 1651. entituled, An act for the execution of a judgment given in Parliament against Lieu. Col. John Lilburn. Contrived and penned, on purpose for him, by a true and faithful lover of the fundamental laws and liberties of the free people of England, ... all which compels and forceth the penman to be very studious of his own good and preservation, ... and therefore, for his own good and benefit, the honest readers information, and for Mr Lilburns the prisoners advantage, he presents these ensuing lines to thy view, and his, as the form of a plea; that the penman hereof, as a true well-wisher of his, and the people of England, would have him to ingross into parchment, and to have ready by him to make use of (in case his own braines cannot contrive a better) when he is called up to answer for his life before the judges of the upper-bench, or any other bar of justice whatsoever; and the said form of a plea for him thus followeth verbatim. Lilburne, John, 1614?-1657. 1653 (1653) Wing L2160; Thomason E703_12*; ESTC R202744 14,820 16

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liberties and properties with all things incident appertainining and belonging thereunto But that rather it was some ignorant sottish French Parl. sitting at Paris or elsewhere in France that understand nothing of the laws liberties and freedomes of England or that it was the Malignant Cavalier Parl. lately sitting at Oxford in the Kings Quarters there post-dating their Act and thereby endeavoring by the said Act to create such a a president as in the consequence of it would destroy all the lawes liberties and properties of the free-born people of England and thereby absolutely set up the Kings Will and Prerogative above Law the bare endeavouring of which in the Earl of Strafford hath bin long since adjudgd high Treason Or in the next place if the Authors of the said monstrous and illegal Act of banishment be neither the ignorant Parliament of Paris nor the Cavalier Parliament of Oxford then of necessity in the third place it cannot in Charity and Reason but be judged that the said Act of banishment was drawn up by Mr Scobel the Parliaments Clerk Mr Hill their Chairman and Mr Prideaux their Attorney General when they were all riding Post and so jumbled or shaken with fast riding that it was impossible for them to hold their pens to write right and true and when they had framed it then by some cunning artifice or inchantment of theirs they preferred it to the said Parl. who in charity and common Reason must needs be judged to pass it when they were three quarters asleep against some sillie natural fool called Lieu. col John Lilburn that could not be imagined ever in his life to have read any thing of Law or Reason It being impossible in the least in Reason to be conceived that the late supream Authority the Parl. of the Commonwealth of England sitting at Westminster being onely by their own Declarations but trusted to provide for the Peoples weal but not in the least for their woe would ever in their right wits or not being three quarters asleep pass such an Act of Parliament against Iohn Lilburn now prisoner at the Bar who hath much read the law and very well understands the fundamental liberties of England and hath hazardously adventured his life a thousand times for the inviolable preserving of them because such an Act of Parl. as the foresaid Act of Parl. is is in the first place An Act of Parliament against common right common equity common reason and therfore is void and null in law and ought not to be executed as appears by these following Law Authorities viz. 1 part of Dr Bonhams Case fol. 118. and the 8th of Edw. 3. fol. 3. 30. 33 E. cassavit 32. and 27 H. G. annuity 41. and 1 Eliz. Dier 113. and 1 part Cooks Institutes lib. 2. chap. 11. sect 209. fol. 140. a. 4 Edw. 4. 12. 12 Ed. 4. 18. 1 H. 7. 12. 13. Plow com fol. 369. and Judge Jenkins learned Works in the Law printed for I. Gyles 1648. but particularly by his Discourse of long Parliaments pag. 139 140 c. See also Mr W. Prins notable book of the 16 of Iune 1649. called A legal Vindication of the liberties of England against illegal taxes p. 11 12 13. c. But especially see a book entituled The legal and fundamental liberties of England revived asserted and vindicated printed and reprinted in the year 1649. pag. 54 55 56 57. yea an Act of Parl. That a man shall be Judges in his own Case is avoid Act in law as appeares in Hubberts Case fol. 120. and by the 8th Part of Cookes Reports in Dr Bonhams Case and by the present Armies own Book of Declarations pag. 35 52 54 59 60 61 63 132 141 142 143 144. Yea saith that learned Oracle of the Law of England Sr Edw. Cook in the 4th part of his Institutes fol. 330. Where Reason ceaseth there the Law ceaseth for seeing Reason is the very life and spirit of the law it self the law-giver is not to be esteemed to respect that which hath no Reason although the generality of the words at the first sight or after the letter seem otherwise And saith the said learned Author in his first part Institutes fol. 140. a. All Customs and prescriptions Acts of Parliament Lawes and Iudgments that be against Reason are void and null in themselves And saith the Armies Atturny General John Cook in the late Kings Case stated pag. 23. that by the law of England any Act or agreement against the laws of God and nature is a meer nullity for as a man hath no hand in making the laws of God and nature no more hath he power to marre or alter them and he cites the E. of Leicesters adjudged Case for a proof And in pag. the 20t h he also saith That all the Judges in England cannot make one case to be law that is not reason no more then they can prove a hair to be white that is black which if they should so declare or adjudge it is a meer nullity For law saith he must be reason adjudged And excellent to this very purpose is that ancient Law Book called the Doctor and Student who in his second Chap. pag. 4. expresly saith Against the law of Nature which he cals the law of reason prescription statute nor custome may not prevail and if any be brought in against it they be no prescriptions statutes nor customs but things void and against justice And what this law of nature or reason is he excellently sheweth in the latter end of the 4th pag. and the beginning of the fifth and therefore in his 7th pag. he expresly saith That to every good law is required these properties viz. that it be honest rightwise possible in it self and after the custom of the country convenient for the place and time necessary profitable and also manifest that it be not captious by any dark sentence nor mixt with any private wealth but all made for the common good for saith he every mans law must be consonant to the law of God otherwise they are not righteous nor obligatory Secondly such an Act of Parliament as the foresaid Act of Banishment is not onely against common-right common-equity and common-reason but it is absolutely destructive to the very ends of the peoples trust conferred upon the Parliament and so the highest of Treasons that can be committed and that it is destructive to the ends of the peoples Trusts clearly appears by the Statutes of the 4th of Ed. the 3d chap. 14. and 36 Edw. 3. 10. which expresly saith That a Parliament at least shall be holden once every year and that for the maintenance of the Peoples lawes and liberties and the redress of divers mischiefs and grievances that dayly happen and suitable to these things are the ends contained in the Writs that summon them the intentions of those that chuse the Members and send them And suitable to this is the ends of Parl. sitting as the present General and