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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

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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 LILBVRN 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 as most fit for his and his Masters designes to serve their ambitious and tyrannical ends to destroy the good old Laws Liberties and Customs of England the badges of our freedom as the Declaration against the King of the 7 of March 1648 pag. 23. calls them and by force of arms to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he cleerly evinceth in his present Case c. they have done who and in truth no otherwise pretendedly stile themselves the Conservators of the peace of England or the Parliament of England intrusted and authorised by the consent of all the people thereof whose Representatives by election in their Declaration last mentioned pag. 27. they say 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 or one quarter tenth hundred or thousand part of them authorised Thomas Pride with his Regiment of Souldiers 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 JOHN 7. 51. Doth our Law judge any men before it hear him and know what he doth ACTS 24. 23. And he commanded a Centurion to keep Paul and to let him have liberty and that he should forbid none of his acquaintance to minister or come unto him although in ver 5. he was accused for a most pestilent fellow and a mover of sedition throughout all the world ACTS 25. 27. For it seemeth to me unreasonable saith the heathen Judge to send a prisoner and not withall to signifie the crimes laid against him ACTS 28. 30. And Paul IN HIS IMPRISONMENT AT ROME UNDER THE HEATHEN PERSECUTORS dwelt two whole years in his own hired house and received all that came in unto him LONDON Printed in the grand yeer of hypocriticall and abominable dissimulation 1649. SIR FOr distinction● sake I will 〈◊〉 stile you Mr. SPEAKER although it be but to Col. Pride's 〈…〉 Parliament sitting at Westminster not the Nation 's for they never gave him Authority to issue out Writs elect or constitute a Parliament for them and you being their mouth I could not think of any man to whom I could better direct my Lines at 〈…〉 in my gr●●t Oppressions by You and your Lord and Master CROMVVEL then your self And therefore cannot now chuse but put you in minde That the 4th April 1648. when I was like unjustly to be destroyed by Mr. Oliver Cromwell in my late unjust and tyrannicall Imprisonment in the Tower I writ you a large Epistle and stiled it in print The prisoners Plea for a Habeas corpus in the 9 10 11 12 13 pages of which I positively accuse Mr. Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little face of a Parliament stamp upon it and That I would engage upon my life to prove him to be so by Law You your selves in your Declaration of the 4th March 1647. in answer to the Scotch-Commissioners Papers Declare p. 5. 16. that the subduing the enemies forces in the Nation which then were as you there say wholly subdued suppressed though the Parliament keep up an Army in a time of peace when all the ordinary Courts of Justice were open where only and alone all Law and Justice ought to be dispensed to all Englishmen in all cases whatsoever yea even to Soldiers as well as others as in the aforesaid pages and in Mr. Overtons and My printed Epistle to the Generall in Mr. Lockiers behalf of the 27 April 1649. is by Law undeniably proved which Epistle you may read at the last end of the second Edition of my Pictur● of the 〈◊〉 to of State And yet about or upon the 15 Nov. 1647. your W●re in Hertford-shire He 〈◊〉 wilfully and of●et-malice murdered Rich. Arnell a freeborn Englishman and so shed the bloud of War in the time of Peace which was Joabs case in reference to Abner and Amasa 2 Sam. 3. 27. and 20. 10. of whom when David delivered his charge to his son Salomon he saith thus Moreover thou knewest also what Joab the son of Zervich did to me and what he did to the two Captains of the best of Israel 〈◊〉 Abner the son of Ner and unto Amasa the son of Jother whom he slew and shed the blood of war in peace and put the blood of war upon his girdle that was about his loins and in his sho●s that were on his feet Doe therefore saith he recording to thy wisdom and he not his bo●ry head get down to the grave in peace 1 Kings 2. 5 6. which charge he accordingly performed and so delivered himself and his Fathers house from the guilt of innocent blood ver 29 30 31 32 33. And you may also remember that upon the 19 of Jan. 1647 at your Barr I openly delivered a formal charge or impeachment of high Treason according to your own Ordinances against the foresaid Mr. Oliver Cromwell and his subtil machevilian son-in-Law Mr. Henry Iveton for their notorious doing that in reference to the King for but the petty acting of which in comparison to theirs they impeached Mr. Denzill Hollis Sir Philip Stapleton c. of high Treason as appeareth in their own Book of Declarations pag. 81 82. Article 2 3. and forcibly expunged them your House as Traytors therefore And in the foresaid pages of my plea for a Habeas Corp●●● I truly acquaint you with the plot and design Master Cromwell laid to take away my life for but a little opposition to the King whose professed and avowed 〈◊〉 he and his The PLEA it self thus followeth May it please this Honourable Committee I Was commanded by you upon Tuesday the 13 day of this present June 1648 to bring in an Answer this day to the Petition and complaint of Henry Wollastone Kepeer of the prison of Newgate in which Petition he complains that I have brought an action at the common Law against him for detaining me in safe custody according to his duty by vertue of a Warrant from the House of Lords and therefore prayes indemnity for his acting therein in obedience to the Authority of Parliament and his trebble damages and that at common Law there may be no further
go on to declare an Epitome of the Kings dealings with the Kingdom before this Parliament in which time you say the Lawes were no defence nor protection of any mans right all was subject to will and power which imposed what payment they thought fit to drain the Subjects purse of and supply those necessities which ill councels had brought upon the King or gratifie such as were instruments in promoting those illegall and oppresive courses They who yeelded and complyed were countenanced and advanced all others disgraced and kept under that so mens mindes made poor and base and their Liberties lost and gone they might be ready to let go their Religion whensoever they should be resolved to alter it and then ennumerate divers strange actions of his done to the Kingdom since this Parliament and in pag. 494. you declare that after his ill councel had got him from the Parliament then they doc work upon him and upon the Queen and perswade her to retire out of the Kingdom and carry him further and further from the Parliament and so possess him with a hatred of it that they cannot put words bitter enough into his mouth to express upon all occasions they make him cross oppose and envy upon all the proceedings of Parliament incourage and protect all those that will affront it take away all power and authority from it to make it contemptible and of less esteem then the meanest Court draw away the members commanding them to come to him to York and insteed of discharging their duty in the service of the Parliament to contribute their advice and assistance to the destruction of it indeavouring an arbitrary Government a thing say you which every honest Morall man abhors much more the Wisdom Justice and Piety of the two Houses of Parliament and in truth such a charge as no rational man can beleeve is it being unpossible so many several persons at the Houses of Parliament consist of about 600 and in either House all of equall power should all of them or at least the major part agree in Acts of will and Tyranny which makes up an arbitrary Government and most improbable that the Nobility and chief Gentry of this Kingdom should conspire to take away the Law by which they injoy their estates are protected from any act of violence and power and differenced from the meanest sort of people with whom otherwise they would be but fellow servants so having given an answer to his charges laid upon you in pag. 496. you vehemently pre●●e the people to come in to the help of the Parliament against the Kings forces And save themselves their Laws and Liberties and though both they and we say you must perish yet have we discharged our consciences and delivered our soules and will look for a reward in heaven should we be so ill required upon earth as to be deserted by the people whom in the next page you tell nothing will satisfie the King and those evill men with him but the destruction of this Parliament and to be Masters of Religion and Liberties to make us Slaves and alter the Government of this Kindom and reduce it to the condition of some other Countryes which are not governed by Parliaments and so by Laws but by the will of the Prince or rather of those who are about him And thersore in the zeal of your Spirits you declare your resolved resolutions to continue firme to maintain the Laws and Liberties of your Country according to your duty saying Woe be to us if we do it not at least doe our utmost endeavours for the discharge of our duties and the saving of our souls and leave the successe to God Almighty and you conclude with these words and therefore we do here require all who have any sence of piety honour or compession to help 2 distressed State and to come in to our aid and assistance And in your reply to the Kings Answer of yours of 26 May 1642. 1 par Book Declar. pag. 693. you declare with indignation your abhorrance of the Kings charging you by your votes to dispose of the peoples lives liberties and estates 〈◊〉 to the Law of the Land throw back the Charge upon himself and those that are about him And in the next page you say thus and for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing that might imply any such inclination in us but sure what ever be ovr inclination slavery would be our condition if we should go aboue to overthrow the Laws of the Land and the propritey of every mans estate and the liberty of his person for therein we must needs be as much Patients as Agents and must every one in his turn suffer our selves what ever we should impose upon others as in nothing we have laid upon other we haue ever refused to do or suffer our selves and that in a high proportion And then when you come in the next page to speake of the Kings charging of you that you afect to be Tyrants because you will admit no rule to Govern by but your own wills yea worse then those thirty most perfect Tyrants of Athens spoken of by Sir Walter Rawley in his third Book of the History of the world Chap. Sect. 2. you abhor the charge with the height of detestation and therefore in the next page unto it being page 696 you say We do still acknowledg that it were a very great crime in us if we had or should do any thing whereby the title and interest of all the Subjects to their lands were destroyed which I say of necessitie must be if they be deprived of the benefit of the Law which is all I crave at your hands and which I hope you will not deny me especially considering in your Declaration of the 10 of June 1642 1 par Book Decla pag. 342 for bringing in mony and plate you positively declare that whatsoever is brought in shall not at all be imployed about any other occasion then to the purposes aforesaid which amongst others are principally for destroying Tyranny maintaining of Liberty and Propriety the free Course of Justice according to the known Laws of the Land but Propriety cannot be maintained if Liberty be destroyed for the Liberty of my Person is more neerer to me then my Propriety or goods and he that contrary to Law and Justice robs or deprives me of the Liberty of my Person the nighest to me may much more by the some reason rob and deprive me at his will and pleasure of my goods and estate the further of from me and so Propriety is overthrowne and destroyed and this if done avowedly by you is distructive to your honours and engagements yea in an absolute violation of all your Oaths and Promises whereby you will be rendred by your own actions in the eyes of the people that trusted you the basest and worst of men fit for nothing but desertion opposition and
it a sacrifice to the Kings fury made me engage against him and others of his Associates with Cromwel who thereunto sollicited me and also threw up my Commission and so his basenesse spoyled a Souldier of me that I could never fight as a Souldier since although Cromwel by himself face to face and by his Agents I am confident of it hath from time to time much and as earnestly solicited me as is possible for a man to be solicited to take up command in Fairfax his Army But no sooner was I by the ears with Manchester who first began with me but Mr Prynn wrote his desperate invective Books against us all that would not be conformable to the Covenant that Cheat and the Scots Presbytery that every thing and nothing and would have bad us all destroyed or banished the Land of our Nativity so in conscience to God and safety to myself and brethren Mr Edmund Roser my present unworthy Antagomst being that my pastor or teacher I was inwardly compelled to deal with him that then sought to destroy the generation of the righteous and accordingly I wrote him a sharp Epistle now in print dated 7 Jan. 1644. which brought upon ●● back a whole sea of troubles and a Vote or Votes in the House of Commons past against me whereupon without any more a doe black Corbet and the Committee of Examinations makes me a Prisoner and tosseth and ●umbleth me to the purpose So before him upon the 13 of June 1645 was I forced of give in my reasons now in print wherefore I wrote that excellent and seasonably Epistle which was the first avowed publick Cannon I know of in England discharged against the then insulting Presbyter for the liberty of the consciences of my present bloudy and malicious persecutors that now stile themselves the Pastours and Leaders of the Churches of God but do indeed and in truth by their unnaturall unchristian and unjust actions deserve no other stile but men fit for nothing but to be the Pastors and Leaders of the Synagague of ●atan The whole story of which contest with Mr Prynn you may read at large in the beginning of my Book called innocency and Truth justified shal I hope my present Adversaries who pretend themselves to be Leaders in the Churches of God will justifie and acquit me from guilt or crime in these contests especially considering that they themselves that now are so violent in hunting after my bloud and the bloud of my Associates in the day of our trouble and calamity now we are under hatches durst then do not thing manlike for themselves but sate in silence like a company of 〈◊〉 without souls or hearts And then before I well got rid of this broyl you your self got the House of Commons the 19 day of July 1645. to fall upon my bones and Vote 〈◊〉 prison I know not wherefore unlesse it were for riding post from Summerset-shire through twenty dangers to bring you the first news of the Lord Gorings 〈◊〉 being routed at Lampert for you never told me other to this hour but yet I was to●●ed by your own means from Hunt your Serjeants hands to the hands of Knight his Deputy and from thence the 9 of August to Newgate by that old Patentee Monopolizer Lawrence Whittaker then Chairman to the Committee of Examination and when you had got me to Newgate then you got your Bull-dogs in the House to bait me to the purpose and also turn'd me over to be araigned at the sessions in Old-hatly and so to be hanged at Tyburn for you appointed Bradshaw your bloody and unjust Lord President Master Seale and Walker c. to prosecute me for my life But after I had sufficiently baited both you and your unjust house you sent me to Newgate a hundred pound in mony I thinke to get me to hold my peace and the 14 of October 1645. most honorably Voted me out of Prison and so your self being my accuser prosecuter and Judge Justified me in this contest the relation of which you may at large read in that notable book called Englands Birth-right and in my Epistle of two sheets of paper in print dated 25. July 1645. but especially in my Large Book 〈◊〉 and called Innocency and Truth Justified and in this contest with you any old acquaintance Doctor Bastwick for whose sake in the Bishops days I underwent more sorrows then is to be found in any ordinary death fell upon me also so that likewise I was faine to contest a little with him but he begunne first And after this viz. upon the 14 day of April 1646. Colonel Edward King arrests me in an Action of 2000 l. at Westminster for calling him Traitor which was only in truth for discharging my duty in prosecuting him for betraying his trust to the Kings Party while he was my Colonel in Lincolnshire and in this contest abundance of your own Ordinances justified me which while I pleaded them in my Epistle to Judg Reeve of the 6 of June 1646 now in Print before whom Kings action were dependent the guilty conscioned Judge grew as angry with me therefore as the Lawyers in Christs time did at him for reproving the hypocrisie of the Scribes and Pharisees although nominally he medled not with them yet their own guilty consciences did inwardly accuse them which made one of them say Master in saying then thou reproachest us also Luke 11. 45. unto whom Christ replyes and saith vers 46. c. Wo unto you also ye Lawyers for ye lade men with burdens grievous to be 〈◊〉 and you yourselves touch not the burthens with one of your fingers Wo unto you for you build the Sepulchers of the Prophets and your Fathers killed them Truly ye bear witnesse that ye allow the deeds of your Fathers for they indeed killed them and you build their Sepulchers Therefore also said the wisdom of God I will send them Prophets and Apostles and some of them they shall slay and persecute That the bloud of all the Prophets which was shed from foundation of the world may be required of this Generation from the bloud of Abel unto the bloud of Zacharias which perished between the Altar and the Temple Verily I say unto you it shall be required of this Generation Woe unto you Lawyers for ye have taken away the key of knowledg ye entred not in your selves and them that were entring in you hindred And accordingly Judge 〈◊〉 being wounded within at the down-right truth of my forementioned Epistle or Plea that lasheth the base and abominable coruptions of him and the rest of his Brother-Judges then and now Administrators of the Law and finding something in it that brands Manchester for an unjust man in his late Generalship who then was Speaker of the House of Pee●s away to him trudgeth the Judge in all post haste with my Book to get him by his power to be revenged of me which he was easily provoked and perswaded too and accordingly the 10