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A88231 The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men. Lilburne, John, 1614?-1657. 1648 (1648) Wing L2153; Thomason E427_4; ESTC R202741 121,715 88

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unto the power of the House in committing me J stooped but at their doore desired to be committed by a legall Warrant which by their own Law published in Sir Edward Cooks institutes Votes and Ordinances all warrants of commitments whatsoever ought expresly to containe the certaine particular case wherefore a man is committed and ought to conclude and him safely to keep till he be delivered by due course of Law and for the full proof of this read the 68 69. pages of the following discourse and the 11 12 13 14 15 pages of Mr. Iohn Wildmans late defence called Truths Triumph or Treachery anotamised But if the Warrant be in generall words and be also to keep him during their pleasure and made by the Parliament the prisoner is murthered and destroyed by such an imprisonment For he must either stoop to their wills and so betray his liberties and sin against his own soule or else he must remaine in prison till he starve and rot before any Iudge in Westminster Hall will grant him a Habeas Corpus to bring him up to the barre of Justice either to receive his punishment according to Law or else his liberties as uniustly imprisoned and this made me the other day at the House of Commons to contest for a legal warrant before I would go to Prison but that mercinary Turkish Ianisary Col. Baxster laid violent hands upon me telling me expresly he was not either to reason or dispute the Houses commands but to obey them caused his Soldiers to draw their swords upon me in halling of me away by force violence he stabed Magna Charta the Petition of Right c. to the very heart and soule did asmuch as in him lyes by that act destroy all our Lawes and liberties for if authority must be backt with the sword to put in execution all their unjust commands then farwell all law and liberty forever and accursed be the day that ever the Parliament raised an Army to fight for the preservation of our lawes and liberties if now they convert their power and turne their swords and guns against us by force of armes to destroy our lawes and liberties John Lilburne 6. Feb. 1647. In the third yeare of the reign of Charles King of England Scotland France and Ireland AT the Parliament begun at Westminster the seventeenth day of March An. Dom. 1627. in the third yeare of the reigne of our most gracious Soveraigne Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued untill the 26. day of Iune following and then prorogued unto the 20. day of October now next ensuing To the high pleasure of Almighty God and to the weale publique of this Realme were enacted as followeth The petition Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subiect with the Kings Majesties royall answer thereunto in full Parliament To the Kings most Excellent Majestie HVmbly sheweth unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Commons in Parliament assembled That whereas it is declared a●d inacted by a Statute made in the time of the reigne of King Ed. the first commonly called Statutum de Tallagio non concedento a a 34. Ed. 1. chap. 1. That ●o tallage or aid shall be laid or levied by the King or his Heires in this Realme without the good will and assent of the Arch B●shops Bishops Earles Barons Knights Burgesses and other the free men of the Commonalty of this Realme And by authority of Parliament holden in the five and twentieth yeare of the reigne of King Edward the third b b 25. Ed. 3 Rot. Par. it is declared and inacted That from thenceforth no person should be compelled to make any loanes to the King against his will because such loanes were against reason and the franchise of the Land And by other Lawes of this Realme it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge c c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9. 1. R. 3. 2. by which the Statutes before mentioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any tax tallage aid or other like charge nor set by common consent in Parliament 1. R. 3. 2. Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of money unto your Majestie and many of them upon their refusall so to do have had an oath administred unto them not warrantable by the Lawes or Statutes of this Realme * * Oaths Ex Officio unlawfull and have been constrained to become bound to make appearance and give attendance before your privie Councell and in other places and others of them have been therefore imprisoned confined and sundry otherwayes molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Maiesty or your privie Councell against the Lawes and free customes of the Realme * * All Magistracy in England is bounded by the law thereof e e 28. Ed. 3. 3. And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND d d 9 H. 3. 29. It is declared and enacted f f 25. Ed. 3. That no free man may be taken or imprisoned St. 37. Ed. 3. 18. St. 38. Ed. 3. 9. St. 42. Ed. 3. 3. St. 17. R. 2. 6. or be disseized of his Free hold or Liberties or his free Customs or he outlawed or exiled or in any manner distroyed but by the lawfull iudgement of his PEERS or by the Law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third e it was declared and enacted by authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law Neverthelesse against the tenour of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided f divers of your Subiects have of late been imprisoned without any cause shewed * * Imprisonment without cause shewed is illegall See also Cooke 2. part institutes upon the 29. chap Magna Charta And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergoe and receive as the
this expresse command upon them that they shall in any wise set a King over themselves from amongst their brethren and that they shall not in any wise set a stranger over them which is not their brother but saith God he shall not multiply Horses to himself nor cause the people to return to Aegypt that is to say to vassalage slavery or the house of bondage Neither shall he multiply wives to himself that his heart turne not away neither shall he greatly multiply to himself silver Gold And it shall be when he sitteth upon the Throne of his Kingdome that he shall write him a copy of this law in a book out of that which is before the Priests the Levits And it shall be with him and he shall read therein all the dayes of his life that he might learne to feare the Lord his God to keep all the words of this law and these statutes and do them That his heart be not lifted up above his brethren marke that well and that he turne not aside from the commandement to the right hand or to the left Deut. 17 15 16 17 18 19 20. Here is a cleare declaration by God himself that Kings the single greatest of Magistrates are not to walke and act upon the people by the rules of their own wills but by the law of God which is as binding to them as the meanest of the people and for my part I say and aver that that man whether King or Parliament man that declares himself to be lawlesse was never in that condition of Gods creation but of the Divils And pertinent to this purpose is the comp●aint of our antient English Lawyer Andrew Horne in his Mirror of Iustice in English ch 5. Sect. the first division the first and second pag. 225. where complaining of the abusions of the Common law he saith the first and chiefe abusion is that the King is above the law whereas he ought to be subiect to it as it is contained in his oath Which as Sir Richard Hutton one of his own Iudges in his Argument in Mr. Iohn Hampdens case against Sip-money pag. 32. which argument was made before this Parliaments doctrine was broached saith that by the Kings Oath he agrees to give consent to such lawes as shall in Parliament be propounded for the profit and good of the Kingdome and be further declares that he is to rule and govern thereby see also the petition of Right in the following pages 1. 2 So that by this it clearely appeares that in his own imagination nor the opinion of his Iudges he is neither omnipotent nor unlimited but his office is an office of trust conferred upon him for the good of the people And therefore saith our forementioned Author Andrew Horne ibim the second abuse of the common Law is That whereas Parliaments ought to bee for the salvation of the soules of Trespassors twice in the yeare at London that they are there but very sildome ond at the pleasure of the King for subsidies and collections of Treasure c. And the Act made the first yeare of this Parliament in the 16. of the present King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments expresly saith Whereas by the Lawes and Statutes of this Realm the Parliament ought to beholden at least once every yeare for the redresse of Grievances c. Which Lawes and Statutes are the 4. Ed. 3. 14 36. Ed. 3. 10. which are printed virbitum in the following discourse pag. 9 12 and which are expresly ratified and confirmed to be duly kept and observed In which Acts the Parliament are prescribed their worke what to doe which is to maintaine the Lawes and redresse the mischiefes and grievances that dayly happen but not in the least to our destroy Lawes unlesse they give us Letter for them nor to make our mischiefes and grievances greater nor to rob and poule the Kingdome of their treasure by taxations Excize c. and then share it by thousands and ten thousands amongst themselves which i● expresly against the Lawes of the kingdome for Feesies in trust and they are no more at most by the Law of this Land can give nothing to themselves and therefore their sharing as daily they doe the Common wealths money amongst themselves is no better then absolute state robbery against whom an indictment or an Action of recovery if not of death † For Andrew Horne declares p. 239 that it is an abuse of the common Law that Iustices and their Officers who kill people by false judge●ent be not destroyed as other murtherers which King Alfrid caused to be done who caused 44 Iustices in one yeare to be hanged as murtherers for their false judg●ments and page 241 he saith that he hanged Arnold because he saved Boylife who robbed the people by cullour of distresses whereof some were by selling distresses some by extortions of fines c. ought in equity and reason to lye as well as against robbing and cheating servants and stewards And for them for ever to shelter themselves from the lash and stroak of justice or for ever from being called to accompt for all their Cheats Robberies and murthers by getting the Kings hand to an Act to make them an everlasting Parliament no more lyes in the Kings power Justly and legally to do then to give them power to make us al absolute Vassels and Slaves and to destroy all our Lawes libertys and propertys and when they have so done then to cut the throats of all the men in England besides themselves therefore it behoves the people to keep up the interest of a Parliament but yet annually at least to chuse new Parliament ment to call their predicessors to a strick accompt and for my part J conceive that not onely by the rules of equity and reason but by the strength of the Law of the land which requires a Parliament to be chosen and held at least once every yeare the people that are willing in the severall Sheires Cities and Burrowes may call home their Parliament men and send new ones in their places to call them to accompt and to make Laws to punnish such betrayers of their trust as men as full of unnaturalnesse as those that murder and kill their owne fathers which is an act abhorred even amongst bruts and yet this very thing is acted upon us by the grandees amongst our trustees who themselves have told us that it is as old a law as any is in the Kingdom that the Kingdome never ought to be without a meanes to preserve it selfe 1. part book decl pag. 207. pag. 690. And that those things which are evell in their owne nature cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever 1. par book p. cl pag. 201. pag. 150. And therefore the conclusion that I draw from Gods subjecting of all men equally