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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A48468 More light to Mr. John Lilburnes jury Lilburne, John, 1614?-1657. 1653 (1653) Wing L2145; ESTC R25137 4,467 8

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every day and hour changing and that dangerously as the most godly men found in Queen Maries days and too many since though scarce any upon so known a slight accompt as Mr. Lilburns whose case yet is every mans case for by the same rule that they enacted him a felon in case he returned They might as justly have enacted banishment to every one that should twise dispute the payment of his Taxes and make it Felony if he returned And how soon this and worse may be done if Jury-men will but give encouragement by finding Mr. Lilburne Guilty of Felony Let every wise man judge in time and be more wise then by so doing involve himself and posterity in blood and slavery Now such Laws as these being void Laws who are to know them to be such but chiefly Juries who are the only Legal Tryers of all men in all causes they are bound in conscience to try all Laws made by Parliament by the Fundamental Laws and where they finde them contrary and that men stand before them to be tryed as Felons upon those Laws they are bound in conscience to pronounce them not guilty That is no Felons nor in the least deserving death as in Mr. Lilburns case and not to expect the Direction of Judges and Recorders in the case who many of them lie under sore temptations of losing their honors and places of profit in case they wrest not judgement to the wils of those that are in Power but you are to keepe a good conscience and to stick close to the Ancient standing Law as to that which will stand you in stead and preserve you being innocent against the greatest and most powerful upon earth Much Much you know may be said to prove the makers of the Act before you no Parliament no more a Parliament then you would deem that a Commoncouncel of London when the major part were excluded per force In which case you would think it strange that Acts made by the minor part should be binding to the City or any one Citizen 't is all a case and those that have any understanding cannot but know it and their consciences will put them in mind of it when they shall be most unwilling those very men that excluded the major part declaring that they did not look upon the remaining party as a competent judicatory to make Laws but as persons reserved in order to a new Parliament to be speedily chosen And for further illustration you know though a full Comoncouncel may lawfully make Acts of Commoncouncel for the better government of the City yet if they make any contrary to the Charter and antient Custom of the City it is a void Act and being so pleaded hath so proved and by Juries hath been given against the plaintiff thereupon Now as the City hath standing Laws so much more hath the Nation and though the Commoncouncel of the Nation may possibly have a power of making Laws in some cases yet as they must not be busi-bodies which have confounded all so must they be sure to make none contrary to the standing Laws or if they do they are to be holden for none and void Laws by the good men of England who are the strong out-guards and Fortresses of the Laws and Liberties of England and must not betray their trust for any reason whatsoever there being a certaine 〈◊〉 and express power of judgement fixed in them to judge in all causes whatsoever which none can contradict For the learned well observe as an unerring maxim That by experience of all times and the consideration of humane frailty this conclusion is necessarily deduced That t is not possible to keep men at all times be they the two Houses or the King and his Councel but there will be sometimes some deviation from the Laws and therefore the constant and certain powers fixed by the antient Law must not be made void Whereby it appeareth that it is taken for granted Parliaments may err and that they do err when they deviate from the antient Laws by which Laws only their errors are to be known those being like touchstones to try all laws made by Parlement whether they are current or counterfeit and that Juries only in such cases are the Judges they being the only legal tryers of all causes and this power fixed in them is not to be made void either through their superstitious dotage upon Parliaments nor by any childish fear in themselves nor by the presumptuous affirmations of Judges Recorders or such Lawyers as are apt to tell you Acts of Parliament are not to be disputed Parliaments having been long time their very good friends their making altering and repealing Laws having made long work for them to their profit and advancement but to the perplexing and vexation of the people as you very well know and therefore hearken not to them but without fear or favour discharge your consciences faithfully and confidently as becometh true Englishmen and good Christians and even in this case of Mr. Lilburns not to stagger in the least but since it is evident to every one of your consciences that he is not charged with any thing that in the true Law of England is a fellonious crime nor hath in the least deserved to die you can do no less then pronounce him not guilty and in so doing not only preserve this most miserably afflicted man and his family but in him your selves your wives children families and posterities in the preservation of our antient Laws and Liberties from the tyranny of Bye-laws or Parliament Innovations FINIS LONDON Printed in the YEAR 1653. August 16.