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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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MORE LIGHT TO Mr. John Lilburnes JURY GENTLEMEN THe main thing you are to know is That the true Common Lawes of England were neither the dictates of any Conquerors sword nor the Will and pleasure of any King nor yet to speak impartialy and freely the results of any Parliament that ●ver sate in this land Parliaments under the more rightfull title of Commoncouncels of the Nation having its foundation only in the common law and so at most is but one of them and neither hath nor can have power over the rest of its fellow-standing Laws to contradict alter or repeal any of them more then it hath power to destroy its own being And the most learned Judges when they would give the greatest respect unto them have been wont to tell the People That they are so Ancient that no Man knows the beginning of them so Just in themselves and so approved in all times by our Ancestors that they frequently adventured their lives and freely spent their bloods to preserve them from Violation and Innovation being as it should seem a Compact of the first Possessors of the Land binding Themselves and their Posterity to the unalterable observance of them which they might well doe considering that it was a Law in it self so excellent as that at this day no considerable inconvenience can be shewed therein but where any alteration hath been made though by Parliaments it can be manifestly proved to be ever for the worse Like unto that alteration mentioned by Sir Edward Coke page 74. of 2 part Institut where he saith by the Common Law to avoid all extortion and Grievance of the Subject no Sheriff Coroner Jayler or other of the Kings ministers ought to take any reward for doing his Office but only of the King upon penalty After that this Rule of the comon Law was altered it is incredible what extortions oppressions have thereupon ensued so dangerous a thing it is to shake or alter any of the Rules or Fundamentall points of the Common Law which in truth are the main Pillars and supporters of the fabrick of the Commonwealth as elswhere saith he I have noted more largely and yet not so largely as the weight of the matter deserveth Such so mischievous for the most part have bin the fruits of Parliament alterations and Innovations upon our ancient Lawes and Rights And which occasioned the same learned Author magnifying the 29 Chapter of Magna Charta for binding in all causes to Tryals by Juries Immediatly to cry out thus Against this Ancient Fundamentall Law and in the face thereof I finde an Act of Parliament made as deeming it a most wicked and impudent thing and when he hath largely set forth the foulness thereof in the Cases of Empson and Dudly he pursues it thus most effectually That the ill success therof and the fearfull Ends of those two Oppressors should deterr others from committing the like that is executing of unlawfull Acts of Parliament though unrepealed for that was their Crime for which they were indicted and were found Traytors and suffred death accordingly And should admonish Parliaments that instead of this ordinary and precious Tryall by the law of the Land that is by Juries they bring not in absolute and partiall Tryals by discretion by which arbitrary rule and no other the late long Parliament nevertheless adjudged Mr Lilburne than which nothing can be more grosly contrary to the Common Law of England And as Parliaments have not power over this precious way of Tryals by Iuries no more here have they power to make that Felony which in the common Law of England is at most but matter of Trespass it being as Fundamental as Parliaments themselves that no man is to be punishd greatly for a small fault nor smally for a great so that in all th●… Proceedings with him there was nothing from end to end but Arbitrariness For they judg him that are not by Law his Iudges that belonging only to Iuries never charg'd him with any Particulars nor hear him in his owne defence and are as extravagant in their measure there being no pretence of any Crime above scandalizing Sir Arthur Haslerigg and the Committee of Haberdashers Hall and publishing a Petition before presented and yet for this they Fine him twice his Estate banish him for ever his Native Country and Enact him a Felon if he return Which being an Act in all respects contrary to the known Law of the Land being either groundless for in the Act none are exprest or grounded only on their most illegal Arbitrary proceedings with him or rather upon his name for they never judged him in person at all now this being an act of Parliament if it can be proved a Parliament contrary to the fundamental common and standing Laws of England is no other but a void Law and such as is no warrantable rule to the good men of England to judge by or finde any man of Mr. Lilburnes name guilty thereupon and if any should be so unadvised or so unchristian and unconscionable as to finde him guilty thereupon and be the occasion of his death ●he whosoever it be will stand liable all the days of his life to be questioned for the same and to suffer life for life as many as shall be found so to betray the just Rights of the Nation in his murther it being ●o less in the eye of the Law And though at present they may see no danger and may think the times may beare them out yet as that 's no cure for a conscience besmeared with innocent blood so is there no security can be given for subverting the fundamental Laws of England in a Case of murther all good men being bound to prosecute And that this is a void Law appears yet further in that it is grounded upon and is in execution of a Judgement given in Parliament in way of punishment of a fact that was never before known or declared by any Law to be a Crime whereby Mr. Lilburne or any other could be warned from the same Now that all Laws of this Nature 42 Edw. 3.3 The Petition of Right the Act that Abolished the Star-Chamber and the Lord Cokes second part Institutes folio 53 5. in being contrary to the known Laws of the Land are void Laws and no rules but snares both to people and Juries is manifest in that at least thirty Parliaments have both confirmed the Ancient Laws and Liberties of England and declared all Laws made by Parlia contrary thereto null and void in themselves And the reason is evident for if there should be no firm standing and established unalterable Law which Parliaments Juries and all people were bound to maintain no man could be certain of any thing belonging to his person life estate wife children family conscience religion good name no not for an houre for what assurance hath he but that a Parliament are in this instant is making alterations in some of these and