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A92195 A brief discourse of the present power of magistracy and justice occasioned upon the tryall of Lieutenant Collonel John Lilburn. Together with severall perticulers concerning his charge and out of the speeches of the Judge. Also some arguments and conclusions drawn up out of Lieutenant Collonel John Lilburns, pleadings and defence, made to his charge on Thursday the 25 of Octob. 1649. Collected at the request of some friends for generall satisfaction. 1649 (1649) Wing R40; Thomason E575_37; ESTC R206356 3,902 8

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A brief DISCOURSE Of the present power of Magistracy and Iustice Occasioned upon the tryall of Lievtenant Collonel Iohn Lilburn TOGETHER With severall perticulers concerning his charge and out of the Speeches of the Judge ALSO Some Arguments and conclusions drawn up out of Lievtenant Collonel Iohn Lilburns pleadings and defence made to his charge on Thursday the 25 of Octob. 1649. COllected at the request of some friends for generall satisfaction LONDON Printed by B. Alsop and are to be sold near Criplegate 1649. A brief DISCOVRSE OF LAW and IVSTICE OCCASIONED Upon the Tryall of Lievt Col. Iohn Lilburn and certain observations drawn from the speeches of the Judges and Mr. Lilburns Pleadings WHen we see one go or do amisse though his feet or hands be the cause or next actors instruments of this error yet we seldome say are you lame but where are your eyes or can you not see what eye srwarvings or stumblings any part of the body pollitique makes the blame lights not upon the Commonalty the immediate Delinquents but on the principall lights in Magistracy or Ministracy which being as Guardians and Tutors of the rest should either prevent or reform their aberrations for they are the Physitians of the soul body and Common-Wealth which have the Therapeutic● preservative Physick to heal and cure the maladies of the mind and body pollitique And herein miserable is the condition of these two opick pieces that they are more subject and that to more distempers then other inferiour parts yet herein more hat being hurt they are more impatient of cure not only of searching acrimonious waters but fearfull of the most soft and lawny touches but most of all in this that being once extinct they have a void darknesse to the whole body exposing it to the pits of destruction As exceeding great on the other hand is rhe honour happinesse and use of th em _____ and single For this our Nationall body It will little avail either to applaud the one or to bewaile the othet I rather look about for Eye-salve which may help to descry and redresse if any thing be amisse and behold heer a confection tending thereto It was prescribed first by Iethro whom Moses calls the Eyes of Israel Numb 10 31. Then he said I pray thee leave us not for thou knowest our camping pl●ces in the wil●ernesse therefore thou mayst be our guide It is beyond all controversie that Iethro was a godly and religious man and such a himself was his advise sage and holy allowed by God and practised by Moses and so of good pollicy becommeth sound divinity his private counsell became a publique Oracle ruling for the substance of it all Ages and persons Memorable and lovely it is for the very antiquity thereof what price do men set upon old Records Coyns and Statues which passeth by a charitable fountaine bearing some ancient name or date yet how are defaced Copies and disfigured pictures better amended then by reducing them to their originall If the pipe fail goe we not to the head Here is the rise or first draught of Magistracy Exodus 18.21 c. And place over them to be Rulers of thousands of hundreds of fifties and of tens The Office of Magistracy as you have heard being prescribed and allowed they are to judge the people and the fruit and benefit of this judgement is set downe in these words So shall it be easier for thy self and they shall bear the burthen with thee and thou shalt the able to endure and all this people shall go to their place in peace Having given you some grounds and use of Magistracy come we in this place to take a view of that Office The Magistrate especially the Judges ought to judge the people at all times and by their diligence in hearing to prevent the agrievance of delayes that they and the people may go home in peace sit under their own Vines and Fig trees follow their callings and that which is the most precious of all lead their lives in all Godlinesse and honesty that the Gold blue and purple Silk might glister and shine under that tree the Supreame power of the Nation The Magistrate is to distribute iustice according to the Law of God of Reason of Nature and that law which is not consonant to the Law of God the rule of Reason and of Nature is not to be exercised among Christians but as it is well observed by a person of eminency the first day of Lieutenant Colonell Iohn Lilburn's tryall the Fundamentall Lawes of England are agreeable both to the law of God Reason and Nature therefore ought not to be contemned by any to be without a power is little else then to bee without a Government and Mr. Lilburn himself hath confest that it is better to live under the worst of Governments then where is none at all And certainly that is the best Common-wealth where the people are in best order for there is the Magistrate a living law and the law a dumbe Magistrate however the Stoicks the Epicures and Sectaries do diversly judge of that matter and into severall opinions have divided the world yet if any man dehort from vice and exhort to honesty and vertue let him not be adjudged an Enemy to Liberty and Christian piety Those people therefore do live in great liberty and freedom in deed who are perswaded that to live according to law is perfect freedom well then might Mr. Lilburn be reprehended to be of a turbulent spirit when whilst he pleaded so much for Law seemed to be ignorant by what Law he is tryed untill one of the Commissioners very learnedly told him that they sate by authority of Parliament and that this was not by any new Law or custom but excised in all ages both before and since the time of the Saxons Lilburn names a kind of appeal in all cases to a tryall of a Jury of twelve sworn men of the neighbour-hood and commended for a legall as undoubtedly it is way of triall which is now his owne case a grand Inquest of above twenty grave Citizens men of worth and integrity find the indictment of high Treason Billa vera and this by the Law reduced to the purity as in the time of our Ancestors and grounded on pure reason the Law of God This being granted that the Lawes of England have this foundation great care ought to be taken that they be not altered for as the disposition of men is apt to innovation so as soon as on Law is altred they desire the alteration of the rest the ancient Laws therefore ought to be observed and sometimes as the Historian saith wisely corrected or amended Amongst the Locrenses it was ordained that if any man should invent a new Law he should first propound the same to the people wearing a halter about his neck to the end that if it were thought pernitious or unprofitable as an author of evill he might forthwith suffer death and Diodorus wrireth