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A88233 A plea at large, for John Lilburn gentleman, now a prisoner in Newgate. Penned for his use and benefit, by a faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England; and exposed to publick view, and the censure of the unbyassed and learned men in the laws of England, Aug. 6. 1653. Faithful and true well-wisher to the fundamental laws, liberties, and freedoms of the antient free people of England.; Lilburne, John, 1614?-1657. 1653 (1653) Wing L2158; Thomason E710_3; ESTC R207176 34,122 24

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more high and absolute the jurisdiction of Court is the more just and honorable it ought to be in the proceeding and to give examples of justice to inferior Courts And fol. 38. He is confidently perswaded that the rehearseal of this unjust Attainder will hereafter cause the Honorable Members of both Houses of Parliament to be so tender of their duty in perserving the fundamental Laws and Liberties of the people of England as that never hereafter such an unjust Attainder shall be brought where the party is forth coming to condemn him without hearing of him And consonant unto this is the Scripture and the Law of God therein contained as appears by the third of Gen vers 9. where God after Adam had transgressed his law summons him before him to answer for himself before he would pass judgement against him And when Sodom had abominably defiled its wayes with the height of wickedness yet the just God of heaven and earth would not judge condemne or pass sentence against them till he went down to see whether they have done altogether according to the cry that is come up against them or not and saith God I will know Gen. 18 and Deut. 17.6.11 and Chap. 20.15 God saith expresly One witness shall not rise against a man for any iniquity or for any sin in any sin that he sinneth at the mouth of two witnesses or at the mouth of three witnesses shall the matter be established And by the hand of Moses he required the people of Israel to do according to the sentence of the Law and the judgement which shall be given thereupon and not to decline from the law and the judgement which shall be given thereupon and not to decline from the Law to the right hand or to the left And suitable to this is the judicial and legal proceedings of the great congregation of the children of Israel consisting to the number of four thousand able men in the case of the Levite and his ravished and slain concubine who in their judicial proceedings in that case first demanded of him how so great a wickedness came to be committed in Israel And the conclusion after their hearing and examining the cause was to consider consult and then to give sentence And saith Nicodemus that learned man in the law of God against the Scribes and Pharisees in behalf of Christ Doth our law judge any man before it hear him and know what he doth John 7.51 And saith Festus the heathen Roman Governour in Judea that had no other guide to walk by but the light and Law of Nature In the behalf of Paul against his bloody enemies It is not the manner of the Romans to deliver any one to dye before that he which is accused have the accusers face to face and have license to answer for himself concerning the crime laid against him Acts 25.16 And saith righteous Paul who writ the Oracles of God infallibly by the Spirit of God Where there is no law there is nor can be no transgression Rom. 4.15 But saith that judicious and learned Lawyer Sir Edward Cook in the third part of his Institutes folio 35. of Rhadamanthus that cruel and wicked Judge of hell First he punisheth before he hears like the late Parliament and when he doth hear the denial then he compels the party accused by torture to confess it but saith he far otherwise doth Almighty God proceed for after that the guilty person is accused he calls he examines and then judges or condemns Luk. 16.1 2. But in his fourth part Institutes he proceeds and goeth on and saith in his last fore-recited folio As evil was the proceedings in Parliament in the second of Henry the 6. Number 18. against Sir John Mortimer the third son of Edmund the second Earle of Marsh descended from Lionel Duke of Clarence who was Indicted of high treason for certaine words which Indictment without any arraignment or pleading being meerly feigned to blemish the title of the Mortimers and withall being insufficient in law as by the same appeareth was confirmed by authority of Parliament and the said Sir John being brought into the Parliament without arraignment and answer judgement in Parliament was given against him upon the said Indictment that he should be carried to the Tower of London and drawn through the City to Tiburn and there hanged drawn and quartered his head to be set on London-bridge his four quarters on the four gates of London as by the Record of Parliament appeareth And therefore in the next folio being folio 39. he saith that whereas by order of Law a man cannot be attainted of high treason unless the offence be in law high treason he ought not to be attained by general words of high treason By authority of Parliament as sometime hath been used but the high treason ought to be specially expressed seeing that the Court of Parliament is the highest and most honorable Court of Justice and ought as hath been said to give examples to inferior Courts And further to shew that Parliaments which in their right constitution are the best conservators of our laws and liberties are erroneous things when they walk by their own wills and forsake their true and only guide the fundamental laws of England What need there any more instances then many of the Armies own Declarations in several of which and their frequent discourses they have declared the late Parliament a traiterous Parliament breakers of their trust and imbroylers of the Nation in bloody wars and subverters of the peoples liberties and freedomes yea and in the conclusion the Lord General Cromwel himself and Major Gen. Harison with their own hands have pulled them out by the ears and pluckt them up by the very roots as final breakers of their trust and as a pack of the vilest knaves and villaines that ever breathed in England although they were fenced in and about by an Act of Parliament made before the wars by King Lords and Commons in the seventeenth of the raigne of the late King being in the yeer 1641 that they should not be dissolved but by their own free and voluntary consents And also since they changed the Kingdome into a Commonwealth by two several Acts of Parliament of the 14. of May 1649. and the 17. of July 1649. In which it is expresly made high treason for any Englishman or men by writing printing or words declaring or by endeavouring to raise or stir up force to dissolve the late Parliament or their Councel of State without their own consents or to say that the said late Parliament or their Councel of State is tyrannical usurped or unlawful as by the said Acts of Parliament with reference thereunto being had more at large doth appear which Acts are printed in the first part of the trial or arraignment of the prisoner at the Bar at Guild-hall Oct. 1649. pag. 86 87 88 89. the first of which Acts viz. that of the 14. of May 1649. thus followeth