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A88217 Liberty vindicated against slavery. Shewing, that imprisonment for debt, refusing to answer interrogatories, long imprisonment, though for just causes. Abuse of prisons, and cruell extortion of prison-keepers, are all destructive to the fundamentall laws and common freedomes of the people. Published for the use of all the free-borne of England, whom it equally concernes, by occasion of the House of Lords commitment of Lieut. Col. John Lilburn, close prisoner, first to New-gate, and next to the Tower. / By a lover of his country, and sufferer for the common liberty. Lilburne, John, 1614?-1657. 1646 (1646) Wing L2137; Wing E3801A; Thomason E351_2; Thomason E351_3; ESTC R201061 3,232 4

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An excellent letter written by a Prisoner to a worthy Member of the House of Commons to give further evidence to the premises Noble Sir IN the beginning of these troubles I suffered a hard imprisonment under the Commissioners of Array halfe a yeare for refusing to submit to their usurped authority afterwards for the same I was driven in Exile and my means all that time possessed by them and so I lived as a banished man from my Country for two yeares untill the Reducement thereof to the obedience of Parliament I was sent hither to give in a charge against some with us whom the Parliament had declared Traytors yet againe put into the highest places of trust and command in our Country by Mr. B. contrary to his oath and trust upon the Houses receiving our charge I expected that Mr. B. and others complained of should have put in their answers but in stead thereof I was put to answer Interrogatories against my selfe tending to the betraying the trust reposed in me To which interrogatories I desired time to advise to answer there●● on I was committed by the House of Commons unheard nor never so much as called to their bar a thing which the Heathen Romans abhorred to doe upon the bare though false report of Mr. L. made to the house viz. That I contemptiously refused to answer it never being my intention to doe any thing in contempt of the House Here I have laine nine months to my ruine and the ruine of my wife and children whilst the common enemies of the Kingdome of whom we complaine are continued in their authorities contrary to law you have by the Act made for the abolishing of the Star Chamber confirmed Magna Charta and the Petition of Right and amonst others the 4. chap. of the Statute of the 34. of Ed. 1. By which Statute it is granted That all men of this Kingdome shall have their Lawes Liberties and Free customes as they have used the same when they had them at the best And if any Statutes have been made or custome brought in to the contrary thereof the same to be void and frustrats for evermore And that this custome of committing men to prison for refusing to answer Interrogatories this way is contrary to Law and the liberty we have of old enjoyed is cleer and manifest Sir you know that by Magna Charta chap. the 29. No man is to be imprisoned but by the judgement of his Peeres and Equalls or by the law of the Land which is expounded by the Statute of the 25. of Ed. 3. chap. 4. To be by indictment or grese●●ment of good and lawfull men not of infamous persons or by writ originall of the Common Law And no man may be put to answer without presentment before Iustices or matter of Record according to the old Law of England See the 28. of Ed. 3. chap. 3. and the 37. of Ed. 3. chap. 18. Touching long imprisonment as it is most unjustly and wickedly practised at this day The Law hath ever held the same so odious that it hath provided if the prisoner be not speedily and timely brought to his tryall or freed he may have gratis without any fee without delay or denyall the Writ De Odio et Atia for bayling him out of prison though convict of murther Magna Charta chap. 26. But alas we have but the shaddow of it we by the subtilty of Lawyers are only free men in name the English mans freedome is now become worse then the Turkish slavery how many of us lye and languish in your murthering prisons● to the provoking of the God of Iustice unto wrath against you our wives children thereby exposed to all want misery whose loud cries and teares doubtlesse will draw downe vengeance from the just hand of Heaven upon you if not speedily prevented by administration of justice Wee have often with all earnestnesse petitioned and solicited for liberty yet can 〈◊〉 not since the first Session of this Parliament get one Ordinance passed for it whereas Traytors and Murtherers of their brethren can have since the surrender of Oxford many score of Ordinances psssed for their liberty peace and welfare The just God of Heaven and Earth be judge between you and us that are not freed yea many of us are still imprisoned without any legall charge brought against us yet can we have no benefit of these lawes which are not denyed to these enemies murtherers and destroyers of their native Countrey O where 〈◊〉 justice●t May not those royall Plunderers 〈◊〉 well justifie all their Robberies and Depredations as either our House of Commons or the House of peers these kinds of Imprisonments and commitments Nay is it not the greatest injustice when done under the colour of Justice Sir I assure you it were lesse grievious unto us to dye at once then thus to be inslaved and famished in your cruell Prison houses where 〈…〉 to all misery contempt obliquie and 〈◊〉 of the worst of men and thereby the hearts of our wives and aged Parents are broken with sorrow and griefe Sir be pleased also to consider how by these and the like doings the affections of many thousands of the people is estranged from you who have formerly adventured all to ●●hol dyon in your autho●… And if this course be continued we shall not 〈◊〉 not thinke 〈◊〉 say lesse then that the Parliament and not the Prerogative makes us a bondage and miserable people And some already doe not spare to say that the Parliament is now become the burthen of the Kingdome If you intend to inslave us still deale plainly with us and let us know it You were intrusted by the people for their good and not for the continuation of their Thraldome We have not been failing on our parts and by the blessing of God have so far brought the common enemy of the Kingdome under your power that there is none that dare to stand up against you but some few in houlds so as there is now no let nor other excuse left why the course of justice in a free currant should be any longer obstructed and hindered The recovery whereof was the very end and cause of all our fightings Let us then have justice which without shewing your selves to be most unjust men you cannot any longer deny unto us Let not Manchester B. and some other Achans amongst you be denyed justice If they be wrongfully accused they ought to be vindicated if they be guilty of the accusations against them you cannot be guiltlesse in not doing justice upon them let neither their wealth nor honour nor their eminent places serve them for a covering or be any Sanctuary unto them God is no respecter of persons in judgement and are not you placed here betwixt God and us to doe justice But if you have respect of persons you dishonour God commit sin and stand convinced as transgressours of the Law James 2.9 The Lord also farther saith That yee shall doe no unrighteousnesse in judgement Thou shalt not respect the Person of the poore nor honour the Person of the mighty but in righteousnesse shalt thou judge thy neighbour Levit. 19 15. For whosoever they be that pervert justice and judgement are accursed of God see Deut. 27.19 If therefore you would be accompted and numbred amongst the Sonnes of wisedome and not amongst those that are under this course doe justice freely speedily and impartially let it never be said of our highest court of Judicatory as was some times of Romes Senate Dat venia● corvis vexat censura columbos Why should your friends perish in your abominable Gaoles Hells Soule destroying houses whiles that yours and the kingdomes professed Enemies the capitall transgressors of the Lawes are suffered freely to walke London streets to injoy their liberties with their ill gotten wealth and to be so much honoured and trusted as to sit and vote amongst you in you Councell as Thorp the Lawyer doth who endeavoured councelled by threatnings atrempted to have had Hull delivered up to the King which when he could not effect neither by threats nor by treacherie he then caused Sir Iohn Hotham to be proclaimed Traytor by two Heraulds at armes for keeping the towne for the Parliament and Kingdomes use Oh the misery of these times Behold the whole Kingdome cryes aloud for Justice the spoyled for reparations and we your poore inslaved Prisoners illegally committed and uniustly detained in your severall prisons Groaning under this Egyptian Servitude do cry out for iustice and their iust liberty and inlargement according to law and iustice Wherfore noble Sir if by your meanes and mediation we after so long expectation and delay may obtaine these our iust desires millions and multitudes will have cause to blesse God for you and eternize your name to all posteritie as one of the chief means of restoring our antient Birth-right liberty of which number though the least and unworthiest he is and will be one neither unthankefull nor forgetfull of so noble a favour for the generall nor of what shall be most freely and nobly accomplished by you for the gaining of his liberty in particular who is a free man in bonds c. 28. of the 17 Month. FINIS