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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

ordinary way and meerly wants nothing if it do want but twelve Kings as his Peer● or Equals will nourish and increase in men that erroneous conce●● That Mag●●●rates by the Law of God Nature and Reason are not no nor ought not to be subject to the penal part of the Laws of men as well as the directive part of it which is the bane ruine and destruction of all the Common-wealths in the world I say the confideration of the things fore-mentioned put me off the thought● of going to Holland my self and then I put the query to my self What course I should being now a free man take for my livelihood for if I and my family lived upon the main stock which was not very much now that I had paid almost all my debts that would soon waste and be gone and to take a place for my future livelihood as I have been offered often and that ●● considerable one that I could not do for these reasons First because I was not satisfied in the present power or Authority to act under them and so if I should I should be a supporter of so unj●st and illegal a fabrick as I judged an everlasting Parliament p●rged twice by force of Arms by the hands of their meer mercenary servants to be who were principally raised bired and paid to kil those they esteemed and judged Bears Wolves 〈◊〉 and P●●kass that took up Arms against the true chast and legally co●●●●tu●ed Representative of the Nation being not in the least bir●● or raised to be the Masters of their Masters or the Lawgivers to the legal Law ●●kers of the Nation in case of necessity And that an everlasting Parliamnet is dostructive to the very life and soul of the Liberties of this Nation I 〈◊〉 prove first by Law and secondly by Reason And first by Law The Law Books do shew That a Parliament which in its own institution is excellent good physick but never was intended no● safely can be used for diet because it is so unlimited and arbitrary was called and held somtimes twice a yeer before the Conquest as is declared by Lambert in his Collection of Laws before the Conquest amongst the Laws of Edgar chap. ● and by Sir Edward Cook in his margent in the ninth page of his par 4. Inst●● in the Cha●t of High Court of Parliament which with other of the Liberties of England being by force of arms subdued by the Bastard Norman Conquetor although he three severall times took his oath after his being owned for King to maintain their Laws and Liberties as being not able nor judging his Conquest so good just and secure a Plea to hold his new got Crown by as an after mutuall compact with the people or their Representatives over whom he was to rule and therefore as Co●k in the foresaid Chapt. pag. 12. declares a Parliament o● a kinde of one was held in his time See also 21 Edw. 3 fol 60. and 1 part Institut lib. 2. chap. 10. Sect. 164. fol. 110. a. and came to be more frequently used in his Successors time yea even to be 〈◊〉 in two years in Edward the First or Second's time at which notwithstanding the people grumbled as being an abridgment of their ancient and undoubted Libertie to meet more frequently in their National and publick assemblies to treat and conclude of things for their weal and better being the want of which of ancient time lost this Island to the Romans as Co●k declares 4 part 〈◊〉 fol. 9. out of Ta●itus in the Life of Agricola pag. 306. whereupon it was ●nacted in full Parliament in Edw. the Thirds time That the King who is their Officer of trust should assemble and call them together once every yeer or more often if need require as appears by the Statute of 4 Edw. 3. 14. But because this was not constantly used by that King but there sometimes was intervals of three or four yeers betwixt Parliament and Parliament which was a diminution of the soul and life of all their Liberties viz frequent and often 〈◊〉 Parliaments therefore in the 36 yeer of his Reign annuall Parliaments are provided for again and also the causes of their assembling declared in these very words Item For maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which daily happen a Parliament shall be holden every yeer as another time was ordained by a Statute of 4. Edw. 3. chap. 14. But King Charles exceedingly breaking his trust in the frequent calling of Parliaments and dissolving them at his pleasure when they came to treat of any thing that he liked not and so made them uselesse to the Nation both which was against his trust as you notably declare in your Declaration of Novemb. 2. 1642. 1 part Book Decl. pag. 701 702. And of which you most bitterly complain in your first Remonstrance 1 part Book Decl. pag. 5. 6. 11. and in pag. 10. 11 ibidem you declare That his destroying of these two grand Fr●●d●ms of the People viz. Frequent successive Parliaments and free D●●a●es therein bad corrupted and distempered the whole frame and Government of the King●●● and brought in nothing but wayes of destruction and Tyranny For the preventing of which for the future you got an Act to passe in the s●xte●●th yeer of the late King and the first yeer of this long-winded Parliament to 〈…〉 of the two forementioned Acts for an annuall Parliament And further there say thus And whereas it is by experience found that the not holding of Parliaments according to the two forementioned Acts hath produced sundry and great mischiefs and inconveniences to the Kings Majesty the Church and Common-wealth For the prevention of the like mischiefs and inconveniences in time to come Be it enacted by the Kings most excellent Majesty with the consent of the Lords Spirituall and Temporall and the Commons in this present Parliament assembled That the said LAST FOREMENTIONED Laws and Statutes be from henceforth duely kept and observed And you there go on and enact that in case the King perform not this part of his trust in calling annuall Parliaments that then a Trienniall one shall be CALLED BY THE LORD KEEPER c. whether the King will or no. And there being no provision in this Act but that the King might break up this Parliament at his pleasure as before he used to do and so dis-inable you to discharge your trust and duty to the people in providing fit remedies for those many grievances then extraordinarily spread over the whole Nation that the long intermission of Parliaments had occasioned you therefore presse the King to grant an Act that the two Houses might not be dissolved but by your own consents which the King condescended unto the rather because the Scotch Army was then in the Kingdom which he longed to be rid of and which you pretended you could not pay without such an Act these being the true declared and intended

the Kings Bench-Bar to try me for my life unto whom if I stooped I was sure to be gone being already prejudged Again I shall also acquaint you with the severall Discourses Mr. Hollan●● Mr. Hunt c. had with me about these Businesses and the large proffers I had from them yes and from Mr. Alexander Rigby as the mouth of Sir Henry Mild may the 〈◊〉 Agent who had Commission as he said to proffer ●●e and my Comrades ●●ge places and preforments so we would sit still and let the Grandces goe on with their work Which I with detestation refused at the house doore the very FORENOON I was adjudged a Treytor and thereupon the same day in the Afternoon the Votes of Treason past against me c. and my Second part of Englands New-chairs discovered And seeing the Businesse of Scro●●'s men is wrongfully father'd upon me who never will incite Souldiers nor others to declare upon any thing else but our printed Agreement of the 1. May 1649. and that when they do draw their Swords against their General c. they shall throw away their Scabbards and rather fight with him then treat with him without either resolving to give or take Quarter yet I say seeing this is put upon my sco●e I hope I shall evidently make it appear comparatie compara●●● That I am able to give 99 in the handred to any Champion the Generall hath in England and from Scripture Law Reason and their own Declarations to make their action appear more just 〈◊〉 the Generals severall Rebellions against the Parliament his Creators and extraordinary good Benefactors or his Rebellion and the Parliaments against the King in the love Warrs And lastly I shall shew the falseness and malignity of the late DISCOVERERS designe of fathering upon me c. all the erronicus tenents of the poor Diggers at George hill in Su●rey laid down in their late two avowed Books called The true L●vellors Standard and The new law of Righteousnesse to which they have have annexed their names The R●ad●r● taking notice of which alone may be an answer to all that abominable lying late Book called The DISCOVERER And so Mr. SPEAKER thanking you for some late kindnesses in your House I received from you I take leave to subscribe my self An honest and true bred free Englishman that neve●● in his life feared a Tyrant nor loved an Oppressor JOHN LILBURN From my close unjust and causelesse Captivity without allowance the legall right of all men in my case in the Tower of London this 8. of June 1649. The first yeer of England's declared Freedom by the lying and false pretended Conservators thereof that never intended it FINIS * 1 Part. Book Dec. pag. 172 195 214 281 342 464 494 497 498 663 666 673 750. * Was this wicked and illegall in the King and can your denying my wife as in my present imprisonment you have don so much as to see me or speak with me or bring me food to preserve me alive be legall just and righteous in you Let God and all righteous men judge betwixt you and ●● in this particular † As particularly that old guilty Traytor Sir Henry Vane who was one of the principall men that passed that bloody murdering Sentence in the Star chamber against me in the yeer 1637 and whose power by his crafty Machiavel Sons interest young Sir Henry kept me above eight yeers together in suit in the House of Commons that I could not get one dram of Justice or reparation against my Star-chamber Judges although the purfuing of that Suit one way and other cast me above a thousand pound Yet at lest when I got a● Ordinance for 3000 li. for reparation me from those that did me wrong but from the Common-wealth's Sequestrations yet in the passing of that Ordinance steps up John Blackston in the House one of Vane's creatures for the many thousand pounds sake of the Common-wealths money he hath helps him to and he gets all confideration of interest for the forbearance of the money cut off so that it would be many yeers before the whole sum abhorted would come in onely there was a thousand or fifteen hundred pounds worth of wood feld of Sir Henry Gibs in Brandsborth Park which Sir Henry Vane by his pounds in the Knights absence and mine both gets an Order to possesse although he hath no right unto it so that my 3000 l. will be well nigh this ten yeers before the annuall rent of the Lands allotted will bring it in which will scarce be Use for the Principall Of all which usage when I come out of the North to the Citie immediately after the execution of the King ● comp●●ined to Sir Arthur Hasterig then my familiar friend and begg'd of him to deliver a Message for me to Lieut. Gen. Cromwel in which I acquinted him step by step how old 〈◊〉 Henry Vane had without cause for this twelve yeers together sought my bloud and had got a good part of it and I knew that Litus Gen. Cromwel had by his son's similiarity with him been of late the staffe and stay of the old Traytor and therefore I desired him to tell him I thought 〈◊〉 had been out-folling enough betwixt Cromwel and me already occasioned by himself but for my part I desire to have no more jarring betwixt us and therefore did earnestly intreat him to let old Henry Vane and me alone instand or sall●y our selves For seeing he would never give over the pursuing of my lifes I must be forced to have much to his for I told Sir Arthur I was resolved either to impeach him or indict him for a Traitor in betraying all the North of England to the Earl of Newcastle and sending his Magazine of Arms to him to Newcastle from Raby Castle assuring him moreover that if L. G. Cromwel would yet protect him for all his greatnesse ● would try another fall with him cast i● what it would but as if it were the highest treason in the world for any 〈◊〉 in England but he that is a Parliament man to say that blacks the eye of any man in that House old Sir Henry and young Sir Henry Vane are both endeavoured by King Nol to be brought in againe to the House having been formerly excluded for three quarter Cavaleers and to be 〈◊〉 Members of the New Councell of State and King Nol by his Beagles at the Counsel of War 〈…〉 Vote to passe to desire him to get a saw made by the House to authorize that bloudy and 〈◊〉 Councell to hang poor peal-garlick or any other that they should judge worthy of 〈◊〉 so that here was a fine morse-trap for old and young Vane to catch poor John in not obtained 〈◊〉 doubt of the greatest engagement in the World to be King Nols Slaves Vassals to ingage with him and drive on any interest be would have them for his so seasonable help of them at this 〈◊〉 great time o● need against furious Iohn as they call him who in Feb. last offered a 〈◊〉 of Parliament where S. Arthur then sate Chairman upon his life upon the Authority of that own Ordinances to prove old Sir Henry his son Sir George Vane both Traytors to ●●y them to transport their souldiers for Ireland out of their states their trayterous Confederates in the County of Durham 50000l and earnestly begd of S. Arthur the Committee to 〈◊〉 the House herewith but the next news I hear King Olivers paws was laid upon poor Iohn● 〈◊〉 he and his Cozen Prince Arthur come to burn their fingers before they and John hath 〈…〉 Oliver thanke himself and leave Trayterous old Sir Henry Vane and his wicked sons to 〈…〉 their own legs without the help of his Crutches the next time

juster or better way of tryall and they 〈◊〉 to provide for our weale but not for o●r woe ● par book Doc. p. 150. and 〈◊〉 〈◊〉 doe what they list but what they ought 1 par ●ook dee p. 172. 205. 214. 266. 267. 〈◊〉 494. 497 499. 656. 660. 666. 696. 706. 707. 〈◊〉 2 par fol. 95. Declarat 17 March 164● p. 6. 21 28 27. For all the idle pratings of any new upstart ' SONS OF BELIAL amongst us such as the Author of the late abominable Book called the DISCOVERER which is commonly reported to be partly Master Frosts Secretary to the 〈◊〉 call●d the 〈◊〉 of 〈◊〉 and p●incipal●y that Apostate IOHN CAN law if 〈◊〉 and now of the Parish of B●w whose conscience by that appeares so bread 〈◊〉 it will without doubt lead him to worship with the Turks Alkeron if it were in 〈◊〉 and fat livings to be got by so doing But let all men in Authority and great place● 〈◊〉 value thei own heads and lives Remember Dudly and Epsons punishments Privy Co●cellors to H●n●y the● eve●●● for proceeding by the rules of their discretion i● 〈◊〉 〈◊〉 laying aside the tryals by Juries of twelve men the ancient and undoubted birthright of the Subject 4 part inst fol. 41. for which they lost their heads as Traytors for subvert●ng the fundamentall Liberties of the people although they had an Act of Parliament viz. 11 Hen. 7. ch● 3. recorded 4 par inst ●ol 40 made by as unquestionable power in Law as ever was in being in England in a free and full Parliament c●●sisting of King Lords Spi●ituall and Tempor●ll and Commens to authorise and beat them out in what they did of whom you may read most excellently in Cooks inst viz. 2 par fol. 51 4 par fol. 41. 197 198. 199. And in my musing with my self of their conditionn my thoughts were something to this purpose the actions done and acted by them were either crimes or no crimes crimes as to men they could not be unlesse they were transgressions of a knowne and declared law in being in the Nation before their acts were done for saith the Spirit of Truth Where there is no Law there can be ●● transg●ession Rom. 4. 15. and if so then to punish them for their acts or facts any other wayes or by any other rules manner or methods then is by those Laws against which they had transgressed is expressed and pres●ibed is very grand injustree and the most righteous and justest men in the world under such practises can never be safe or secure but are alwayes liable in liberty estate and life to be levell●d and destroyed by the will mallice and pleasure of the present s●aying grand faction in which condition a man differs nothing from a brute beast but in shape But the High Court of Justice erected to try them was a pretended Court of Justice not knowne to the visible and declared law of England being in its constitution altogether against all the English Rules of justice No nor in being when their facts were committed And therefore had no pretence at all being but a new constitution to meddle with Judging of their facts committed before it had a being or was brought forth into the world Besides the erection of it I mean a High Court of Justice to try men for siding with the King in the late warrs against the Parliament is a meer and cleer giving away and surrendring up the legallity of their cause in o the Kings hands telling the people in effect hereby its true we have waged warre against the King but if his sword had been as long as ours he might easily if he had pleased have hanged us all by the rules of Justice for transgressing ● l●w in being But we having by the chanc● of war prevailed against him alass we have no law of our sides by the rules of which we can hang any of his party but must be forced to take away their lives by the rules of our own wills and power by rules of pretended Law m●de after their facts committed and for the demonstrating of this unto all that have adhered unto us we Erect a New High Court of Justicely new rules never known in England to try them that so our friends that have adhered to us may see where they are and betimes provide for their own safety and never trust or beleeve OUR DECLARATIONS AND REMONSTRANCES ANY MORE for though we formerly told you we had the Law of our sides yet by our setting up this High Court of Justice to be both parties Jury and Judges we plainly tel you there was no such thing but that then what we told you was lyes and falshood● and that you should beleeve us no more for though then we told you we would maintaine the Law especially of Liberty and Propriety and that it was ● transcenden● wickednesse in us to destroy it and by our votes at our wills and pleasures to disposeor levell all the peoples estates liberties and properties yet now we iell you we never in our hearts intended any such thing but that our designe was totally if we did overcome never to keep any of our promises but absolutely to destroy all Law and by our absolute will by all manner of new erected engins to debase and breake the peoples Spirits and to dispose of their liberties estates and lives by the absolute rule of their own wills and as a cle●● demonstration to your understanding that we never intended otherwise we erect this HIGH COURT OF JUSTICE composed of suck 〈◊〉 we know will obey and execute the absolute dictats of our wills ●e they 〈…〉 without ever examining whether our commands be consonant to law reason eq●ity justice or conscience being of as absolute implicite faith in belcl●ering of us because we have promised they shall ●aign with us or under us as ever any papish in the world were believing the Pop● Thirdly Admit this had been an unquestionable representative of the people Parliament who by ve●●●● th●●●●f hath had a power to levy what mony they had judged conven●●nt upon the peopl● b●●●neral tax for the common safety of the Nation which act both by law and reason ●h●y may do yet they cannot in law equity or reason lay all tha● tax upon th●ee o● four men alone and make them bear all the charges of the publick ev●n so although the Parliament may erect Courts of Justice for the good of the people to administer Law in ●esinitely to all the people of England alike without exe●p●ion of per●ons yet they can neither by Law nor Reason erect a Court of Justice on purpose to try three or four individual persons and no more because it is against common equi●y ●● Englishmen o● people being all born free alike and the liberties thereof equally intasted to all alike and therefore in common equity and justice three or four individual persons ought not to be burthened with an iron yoake when

causes of it both in King and Parliament There being not one word in the Act that authoriseth the two Houses to be a constant and perpetuall Parliament which was never so much as intended nor pretended and which if in the Act it had been absolutely declared it had been a void and a null Act in it self as being both against the nature of the Kings trust and Yours which as in your Book of Decl. part 1. pag. 150. you declare is to provide for the peoples weal but not for their woe for their better being but not for their worse being For your Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare 1 part Book Decl. pag. 206. 266. 267. 382. but especially your present Junto's late Declaration against the late beheaded King and Kingly Government of the 17 of March 1648. pag. 2. 11 13. 15. 16. compared with 24. 25. 27. And all Interests of trust whatsoever are for the use of others and cannot nor ought not to be imployed to their own particular nor to any other use saving that onely for which they are intended according to the condition and true intent thereof 1 part Book Dec. pag. 266. 267. 700. And your trust is onely for the good of the Nation which is the principall or onely end of all Government in the Nation as you confesse in your foresaid Declaration of March 17 pag. 6. and in 2 part Book Decl. pag. 95. 879. And therefore if you had put the King upon such an Act as the establishing of a perpetuall Parliament you had thereby destroyed frequent successive and annually chosen Parliaments for which you had been T●aytors in the highest nature to your trust in destroying the very PILLARS LIFE MARROW and SOUL OF ALL THE PEOPLES LIBERTIES for the presentation of which they chose you and which would shortly bring in as is too evident ●● this day greater disorders confusions and tyrannies then ever were in all the Kings Reign before and so wholly and fully make your selves guilty of that which he was but in part viz. the establishing of a perfect Tyranny by Law an everlasting Parliament being ten thousand times worse then no Parliament at all for no such slavery under the cope of heaven as that which is brought upon the people by pretence of Law and their own vol●●tary 〈◊〉 and no greater Treason can there be in the world committed then for ●● i●teressed Power to keep their Commission longer then by the letter equitie or intention of their Commissions their Masters really intended they should especially when it is kept by force of Arms to the Masters hurt and the danger of his total destruction for the meer advancement of their servants and their Associates all which is the case of your pretended Parliament whereof you are now Speaker and that you were never intended to sit so long as you have done nor to be everlasting I shall here recite the Act it self ●●●batim the onely and alone pretence of a Commission you have and then take it in pieces by paraphrasing upon it The Act it self thus followeth Anno XVII CAROLI Regis An ACT to prevent inconveniences which may happen by the untimely Adjourning Proroguing or Dissolving of this present PARLIAMENT WHereas great Summs of money must of necessity be speedily advanced and provided for the relief of his Majestie 's Army and people in the Northern parts of this Realm and for the preventing the imminent danger this Kingdom is in and for supply of other his Majesties present and urgent occasions which cannot be so timely effected as is requisite without credit for raising the said moneys which credit cannot be obtained until such obstacles be first removed as are occasioned by fears jealousies and apprehensions of divers of his Majesties loyall Subjects that this present Parliament may be adjourned prorogued or dissolved BEFORE JUSTICE SHALL BE DULY EXECUTED UPON DELINQUENTS publick Grievances redressed a firm Peace betwixt the two Nations of England and Scotland concluded and before sufficient provision be made for the repayment of the said moneys so to be raised All which the Co●●●●● in this present Parliament assembled having duly considered do therefore humbly beseech your most excellent Majesty that it may be declared and enacted And be it declared and enacted by the King our Soveraig● Lord with the assent of the Lords and Commons in this present Parliament assembled and by the Authority of the same That this present Parliament now assembled shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose nor shall be at any time or times during the continuance thereof pr●rogued or adjourned unlesse it be by Act of Parliament to be likewise passed for that purpose And that the House of Peers shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order And in like manner That the House of Commons shall not at any time or times during this present Parliament be adjourned unlesse it be by themselves or by their own Order and that all and every thing or things whatsoever done or to be done for the adjournment proroguing or dissolving of this present Parliament contrary to this present Act shall be utterly void and of none effect The true intent and meaning of this Act in the Framers Makers and Contrivers of it was meerly to secure their sitting for some reasonable time that so they might be able to apply fit plasters to the great sores of the Nation and not be broken up suddenly before they had applyed them to the so●es and laid them on and their fear was the King would as he used to do dissolve them suddenly security from which was their onely end in procuring this Act and not in the least to make this a perpe●uall Parliament which I demonstrate thus First A perpetual Parliament is repugn●nt to the Act made this Parliament for a Triennial Parliament which in your Declarations is so highly extolled after the making of both the Acts for how can every three yeers a Parliament be begun if this be perpetuall which by the Act may be so if the two Houses please But in all the Act there is not one word of the an●i●ilating or repealing of the Act for a T●ienn●all Parliament which if it had been intended it would have mentioned and not left such a businesse of consequence in any doubtfulnesse whatsoever and the not mentioning of it is a cleer declaration to all the Readers of it That their designe solely in the last Act was onely to secure themselves from the Kings sudden and quick dissolving them at his wil and pleasure And therefore Secondly In Law according to the constitution of ou● Parliaments an Adjournment of the Parliament makes no Session howbeit before the Adjournment the King gives his affent to some Bi●s as is plain out of Cook● 4 Instit chap. High Court