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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A88235 Lieu. Col. John Lilburn's plea in law, against an Act of Parliament of the 30 of January, 1651. entituled, An act for the execution of a judgment given in Parliament against Lieu. Col. John Lilburn. Contrived and penned, on purpose for him, by a true and faithful lover of the fundamental laws and liberties of the free people of England, ... all which compels and forceth the penman to be very studious of his own good and preservation, ... and therefore, for his own good and benefit, the honest readers information, and for Mr Lilburns the prisoners advantage, he presents these ensuing lines to thy view, and his, as the form of a plea; that the penman hereof, as a true well-wisher of his, and the people of England, would have him to ingross into parchment, and to have ready by him to make use of (in case his own braines cannot contrive a better) when he is called up to answer for his life before the judges of the upper-bench, or any other bar of justice whatsoever; and the said form of a plea for him thus followeth verbatim. Lilburne, John, 1614?-1657. 1653 (1653) Wing L2160; Thomason E703_12*; ESTC R202744 14,820 16

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same appeareth was confirmed by Authority of Parliament And the said Sir John being brought into the Parliament without Arraignment and Answer Judgment in Parliament was given against him upon the said Indictment that he should be carryed to the Tower of London and drawn through the city to Tyburn 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 fol. 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 attainted by general words of high Treason by Authority of Parliament as somtime hath been used but the high treason ought to be specially expressed seeing that the Court of Parliament is the highest and most honourable Court of Justice and ought as hath been said to give example 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 fandamental Lawes of England what need there any more instances then many of the Armies own Declarations in severall of which and their frequent Discourses they have declared the late parliament a trayterous Parliament Breakers of their Trust and embroylers of the Nation in bloudy wars and subverters of the peoples liberties and freedoms yea and in the conclusion the Lord Gen. Cromwel himself and Maj. Gen. Harrison with their own hands have pul'd them out by the ears and pluckt them up by the very Roots as final breakers of their trust as a pack of the vildest 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 that they should not be dissolved but by their own free and voluntary consents And also since they changed the Kingdom into a Commonwealth by two several Acts of parl 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 parliamment or their councel of state without their own consents or to say that the said late parl or their councel of state is tyrannical usurped or unlawful as by the said Acts of Parl. with reference thereunto being had more at large doth appear which Acts are printed in the first part of the Tryal or Arraignment of the prisoner at the Bar at Guild-hall Octob. 1649. pag. 86 87 88 89 And the said J. Lilburn now prisoner at the Bar for further plea saith That for supposed violating those two last forementioned Acts of Parl. and that but for supposed words and for the supposed compiling writing and causing to be printed Arguments founded at grounded upon the known and declared fundamental Lawes of England the received principals of Reason and the Armies own printed and published Declarations he the said Joh. Lilburn now prisoner at the Bar was arraigned and indicted as a Traytor for his life at Guildhall London in Octo. 1649. And that principally by the instigation and means of his Excellency the present L. G. Cromwel which Tryal was with that violence and fury that the said prisoner at the Bar was absolutely denied the declared benefit of the known Laws of England viz. the help of Councel learned in the Law and a copy of his Charge and Indictment which were not denyed but granted to the Lord Macquire that grand Irish Rebel and those arch Traytors as they are commonly called Strafford Canterbury Hambleton Capel c. and which also was granted to the prisoner at the Bar as his Right by Law when he was prisoner at Oxford and arraigned by Judge Heath c. for his life as a traytor so that the said J. Lilburn now prisoner at the Bar considering the several penalties declared to be due to any person or persons whatsoever that by force or otherwise should but indeavor to dissolve the late Pa●… or the● Councel of State he cannot either in Reason or Law see or apprehend which way his Excellency the said L.G. Cromwel and M. Gen. Harison c. if they continue and persevere as they have begun to execute the said unjust and injurious Act of parl upon the said J. Lilburn prisoner at the Bar which is one of the most wicked'st and unjust that ever the Parl. in their lives made and one of the highest and most notorious Acts of their breach of trust that ever they committed as is before fully proved can in the least either before God or Man acquit themselves of being guilty of the high●st of Treason both by the letter and equity of the two last forementioned Lawes lately made in part by themselves but principally by their instigation in forcibly dissolving the late parl against their own voluntary wills and consents or how they can acquit themselves in the least in the eyes of all the understanding people in England to be justly esteemed guilty of plucking up the parl by the roots not in the least for any evil oppression injustice or breach of trust they had committed against the Nation or honest people thereof that never yet in the least upon their own principles forfeited their liberties freedoms but onely because they would destroy the parl to have the power in their own hands thereby to dispose of all the lives liberties and proprieties of all the people of England by their absolute wills and pleasures and to deal worse and more arbytrary with the honest Inhabitants thereof then any Conqueror that ever went before them did although themselves against the late King have in the Kings Case stated p. 22. by John Cook their own Atturney Gen. publikely declared That Conquest is a Title or Government fit to be exercised amongst Beares and Wolves but not in the least amongst men And for any to aver Us in England to be a conquered Nation is not only expresly against all the tenour of the Armies many and remarkable Declarations but it is such an averment then which there can be none more pregnant and fruitful in Treason then it as Mr Jo. Pym in his learned and rational printed Argument by the special Order of the House of Commons the 29 April 1641. against the E. of Strafford avers And further in pag. 6. saith There are few Nations in the world that have not been conquered NO doubt but the Conqueror may give what Laws he please to those that are conquered but if the succeeding pacts and Agreements do not limit and restrain that Right what people can be secure England hath been conquered and Wales hath been conquered and by this Reason will be in little better case then Ireland