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england_n	according_a	act_n	adjudge_v	23	3	9.6831	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

concerning themselves but it shall be examined and tryed before the Justices of Assizes in the Sessions of the Assize as appeareth by the 8. of Hen. 6. chap. 7. and 23. Hen. 6. chap. 15. Yea the Parliament are not to punish those that will not pay them their wages for their service done in Parliament but the refusers are to be punished by the legal administers of the law in the ordinary of Courts of Justice as appears by the 23. of Hen. 6. chap. 11. Yea the law of England which is right reason or as Sir Edward Cooke stiles it in his second part Institutes folio 179. the absolute perfection of reason and which as he saith is the surest sanctuary that a man can take and the strongest fortress to protect the weakest of all and therefore it is called the best birthright the Subjects hath for thereby his goods lands wife children his body life honour and estimation are protected from injury and wrong for saith he to every one of us there comes a greater inheritance by the law then by our parents it being the Judges guide in all causes that come before them in the wayes of right Justice which never yet misguided any man that certainly knew them and truly followed them 2 part of the Lords Cooks Institutes fol. 56 63 97 526. and the 4. part folio 41. yea and the law-book of Ed. 6. folio 36. with the arguments in the Law in the Court of Kings Bench upon the Writ of Habeas Corpus in the cases of Sir John Eliot Sir Thomas Daniel c. pag. 11. in Michaelmas-terme in the third of the late King Charles calls the good old fundamental Laws of England the great inheritance of every subject and the inheritance of inheritances without the injoyments of which inheritance we have no inheritance at all And therefore the said Oracle of the Law of England the Lord Cook doth bitterly cry out of the unexpressible mischief that accrues to the whole body of the people of England when any fundamental maximes of their good old fundamental Laws are invaded or incroached upon either by Parliament or any other power whatsoever as appears in his 2 part Institutes folio 29 46 48 51 74 103 104 179 210 249 529 533 534 540. and 3. part fol. 208. 4. part fol. 41 196 197 198. and the preface to the 4. part of the Lord Cookes Reports where he saith the Laws of England consist of three parts the Common Laws Customes and Acts of Parliament for any fundamental point of the ancient Common Laws and customs of the Realm it is a maxime in policy and a tryal by experience that the alteration of any of them is more dangerous for that which hath been refined and perfected by all the wisest men in former succession of ages and proved and approved by continual experience to be good and profitable for the Commonwealth cannot without great hazard and danger to be altered or changed see also that old Law-book called The myrror of Justice page 239. And which law as the author of the ancient and excellent law book called the Doctor and Student chap. 4.8 is grounded upon six foundation or basis viz. the law of reason Secondly the Law of God 3. Upon divers general customes of common utility 4. On divers principals that be called maximes 5. On divers particular customes 6. On divers Statutes made by the Kings and the Common-councel of the Nation all which do abhor arbitra●iness in the law-proceedings especially in criminal cases and especially it abhors the arbitrary uncertain way of proceedings in Parliaments the rules of which certainly no man in heaven or earth knoweth the vileness wickedness and mischeviousness of which is sufficiently demonstrated in the Lord Cravens late printed case And saith that worthiest of English Lawyers Sir Edward Cook in the Proeme to the third part of his Institutes It is a miserable servitude or slavery where the law is uncertaine or unknown and therefore it is that the twenty ninth Chapter of Magna Charta the Petition of Right and the Act that abolished the Star-Chamber expresly saith That no freeman of England shall be taken or imprisoned or disseized of his freehold or liberties or free customes or be outlawed or be exiled but by lawful judgement of a Jury of twelve sworn men of his equals of the same neighbourhood according to the law of the Land And that none shall be taken for any crime whatsoever by any person or Court whatsoever unless it be by Indictment or Presentment of good and lawful people of the same neighbourhood where such Deeds be done in due manner or by Process made by Writ original at the Common Law and that none be put out of his franchise or freehold unless he be duly brought in to answer and adjudged of the same according to the course of the law and if any thing be done by any persons or courts whatsoever against the tenour of the same it shall be void in law and holden for error which two last Statutes of the Petition of Right and the Act that abol●sheth the Star-chamber doth expresly and nominally ratifie and confirme the Statute of the 42. of Edward the third which according to the peoples true fundamental law of England makes void and null all Acts of Parliament Ordinances Orders Judgements and Decrees whatsoever made by any power whatsoever that are contrary unto or in diminution of the free people of Englands foresaid liberties and freedoms of due Process of Law And the Petition of Right expresly saith No man whatsoever shall be any wayes punished especially in criminal cases but according to the laws and Statutes already established in the land And those also by the said Petition of Right and the Statute that abolished the Star-chamber are precisely declared to be according to our good old native fundamental rights and liberties or else they are ipso facto null and void in law this very thing or the securing thereof alone being the principal and chief declared cause of all the late Parliaments and present armies bloodshed and wars with the late King and his son and without the inviolable preservation of these our fundamental laws and liberties it is impossible that any in the Army from the highest to the lowest in the least can acquit themselves of being justly esteemed both before God and just men real and wilful murderers of all those persons that they have staine in the late civil wars and if so wo unto them when God makes inquisition for innocent blood Neither indeed is he the now prisoner at the Bar guilty of any such high crimes and misdemeanors as is expressed in the said Act neither ever was he the now prisoner at the Bar in the least duely and legally banished and fined by the said Act nor yet is a Felon nor guilty of felony in no manner of respect whatsoever as by the said Inditement now read unto him is supposed neither can he rationally

imagine that by the Parliament that is mentioned in the said Act of the 30 of January 1651. for banishing one Lieutenant-Colonel John Lilburn is in the least meant the late Parliament of the Commonwealth of England sitting at Westminster especially because it is not so therein exprest who had taken many Oaths and past abundance of Declarations and particularly that of the 9 of February 1648. inviolably to maintain the Fundamental Laws of the Land in reference to the Peoples lives liberties and properties with all things incident appertaining and belonging thereunto But that rather it was some ignorant sottish French Parliament sitting at Paris or elsewhere in France that understand nothing of the Laws Liberties and Freedoms of England or that it was the malignant Cavalier Parliament lately sitting at Oxford in the Kings Quarters there post-dating their Act and thereby endeavouring by the said Act to create such a president as in the consequence of it would destroy all the Laws Liberties and Properties of the free-born people of England and thereby absolutely set up the Kings will and prerogative above Law the bare endeavouring of which in the Earl of Strafford hath been long since adjudged high treason Or in the next place it the authors of the said monstrous and illegal Act of Banishment be neither the ignorant Parliament of Paris nor the Cavalier Parliament of Oxford Then of necessity in the third place it cannot in charity and reason but be judged that the said Act of Banishment was drawn up by Mr. Scobel the Parliaments Clerk Mr. Hill their Chayr-man and Mr. Prideaux their Attorney and Post-master-general when they were all riding post and so jumbled or shaken with fast riding that it was impossible for them to hold their pens to write right and true and when they had framed it then by some cunning artifice or inchantment of theirs they preferred it to the said Parliament who in charity and common reason must needs be judged to pass it when they were three quarters asleep against some silly natural fool called Lieutenant-Colonel John Lilburn that could not be imagined ever in his life to have read any thing of Law or Reason it being impossible in the least in reason to be conceived that the late Supreme Authority the Parliament of the Commonwealth of England sitting at Westminster being onely by their own Declarations but trusted to provide for the peoples weal but not in the least for their wo would ever in their right wits or not being three quarters asleep pass such an Act of Parliament against John Lilburn now prisoner at the Bar who hath much read the Law and very well understands the Fundamental Liberties of England and hath hazardously adventured his life a thousand cimes for the inviolable preserving of them because such an Act of Parliament as the foresaid Act of Parliament is in the first place an Act of Parliament against common right common equity and common reason and therefore is void and null in Law and ought not to be executed as appears by these following authorities viz. 1 part of Dr. Bonham's Case fol. 118. and the 8 of Edw. 3. fol. 3 30 33. F. Cessavit 32 27 H. G. Annuity 41. and 1 Eliz. Dyer 113. and 1 part Cook 's Institutes lib. 2. Chap. 11. Sect. 209. fol. 140. and 4 Edw. 4.12 and 12 Edw. 4.18 and 1 H. 7.12 13. and Plowd Com. fol. 369. and Judge Jenkins learned works in the Law printed for J. Giles 1648. but particularly by his Discourse of Long Parliaments p. 139 140. and see also Mr. W. Prynne's notable book of the 16 of June 1649. called A Legal Vindication of the Liberties of England against illegal Taxes p. 11 12 13 c. But especially see a book intituled The Legal Fundamental Liberties of England revived asserted and vindicated printed and reprinted in the yeer 1649 page 54 55 56 57. yea an Act of Parliament that a man shall be judge in his own case is a void Act in law as appears in Hubberts Case fol. 120. and by the 8 part of Cook 's Reports in Dr. Bonham's Case and by the present Armies own Book of Declarations p. 35 52 54 59 60 61 63 132 141 142 143 144. yea saith that learned Oracle of the Law of England Sir Edw. Cook in the 4 part of his Institutes fol. 330. Where Reason ceaseth there the Law ceaseth for seeing Reason is the very life and spirit of the Law it self the Law-giver is not to be esteemed to respect that which hath no reason although the generality of the words at the first sight or after the letter seem otherwise And saith the said learned Author in his first part Institutes fol. 140. All Customs and Prescriptions Acts of Parliament Laws and Judgements that be against Reason are void and null in themselves And saith the Armies Sollicitor-General John Cook in the late Kings Case stated p. 23. That by the law of England any Act or Agreement against the Laws of God and Nature is a meer nullity for as a man hath no hand in making the Laws of God and Nature no more hath he power to marre or alter them And he cites the Earl of Leicester's adjudged Case for a proof And in page 20 he also saith that all the Judges in England cannot make one Case to be Law that is not Reason no more then they can prove an hair to be white that is black which if they should so declare or adjudge it is a meer nullity for Law saith he must be Reason adjudged And therefore saith he page 8. That man or men that rules by lust and not by law is or are creatures that were never of Gods making nor of Gods approbation but his permission and though such men be said to be gods on earth 't is in no other sense then the devil is called the god of this world And excellent to this very purpose is that ancient Law-book called The Doctor and Student who in his second Chapter pag. 4. expresly sayth Against the law of Nature which he calls the Law of Reason Prescription Statute or Customs may not prevail and if any be brought in against it they be no Prescriptions Statutes nor Customs but things void and against justice And what this law of Nature or Reason is he excellently sheweth in the latter end of the fourth page and the beginning of the fifth and therefore in pag. 7. he expresty saith That to every good Law is required these properties viz. That it be honest right wise possible in it self and after the custom of the Country convenient for the place and time necessary profitable and also manifest that it be not captious by any dark sentence nor mixt with any private wealth but all made for the common good for saith he every mans law must be consonant to the Law of God otherwise they are not righteous nor obligatory All which Judgements or Cases in Law in the equitable and rational part of

pleasures of some men ruling meerly according to will and power And therein pag. 43. they declared it is their earnest desire that some determinate period of time may be set for the countinuance of this and future Parliaments beyond which none shall continue and upon which new Writs may of course issue out and new Elections successively take place according to the intent of the Bil for triennial Parliaments which Bill or Act being one of the first Laws past by the late Parliament in the year 1640. Expresly by name in divers places of it declares it is the undoubted right of the Freeholders Citizens and other Free-borne persons of England to elect such persons as they please for their Representors in the Parliament or Common counsel of the Nation as at large appears by the Act it self reference thereunto being had Unto which the prisoner at the Bar for further confirmation referreth himself and in his and the Officers of the Armies large Declaration for tryal of the late King dated at St. Albons November 1948. they in page 14. 15. thus declare themselves that the sum of the publique interest of the Nation in relation to common right and freedom which they there a vow to be the chief subject of their contest with the King and in opposition to tyranny and injustice of Kings or others they judge to lye First that all matters of supream trust or concernment to the safety and welfare of the whole they have a common and supreme counsel of Parliament and that as to he common behalf who cannot all meet together themselves to consist of Deputies or Representors freely chosen by them with as much equality as may be and after in that Remonstrance they have made large Declarations of divers things for the good of the people of England in pag. 65. they desired that the Parliament would set some reasonable and certain period to their power and sitting by which time say they That great and supream trust reposed in you shall be returned in●o the hands of the people from and for whom you received it that so you may give them satisfaction and assurance that what you have contended for against the King for which they have been put to so much trouble cost and loss of blood hath been onely for their liberties and common interest and not for your owne personal interest And in the next page being pag. 66. they vehemently press for the equal distribution of elections thereunto to render the house of Commons as near as may be an equal Representative of the whole people electing and they there also press for the establishing a certainty for the peoples meeting to elect and for their full freedome in election provided that none who have engaged or shall engage in war against the right of Parliament and interest of the kingdome therein or have adhered to the enemies thereof may be capable of electing or being elected at least during a competent number of years nor any other who shall oppose or not joyne in agreement to this settlement and in the next pag. being 67. In their first head they desire liberty of entring dissents in the said Representatives that in case of corruption or abuse in these matters of highest trust the people may be in capacity to know who are free thereof and who guilty to the end onely the people may avoid the future trusting of such and sutable to these heads and others of publique freedome there laid downe the said General Cromwel and the rest of his Officers concluded upon a plat-form of Government for the securing the future liberties and freedomes of the people in all the aforesaid concernments and intituled it An Agreement prepared for the people of England and the places there incorporated which was with seriousness presented by Lieut. General Hamond Col. Okey and other Officers of the Army to the Parliament upon the 20 of January 1649. as the sum of all they had been fighting for and all that which they desired to establish for the future good of the Nation as more at large doth appear by the printed Model of the said agreement reference thereunto being had and unto which for further satisfaction the prisoner at the Bar refers himself And in the Generals last Declaration of April 22 last p. 6. there he declares it his earnest desire to reform the Law and administer justice impartially hoping thereby the people might forget Monarchy and understanding their true interest in the election of successive Parliaments may have the Government setled upon a true Basis And the prisoner at the Bar for further plea saith That he cannot see or apprehend how the said Lord General or Major-General Harison can if they continue and persevere as they have begun to execute the said unjust and injurious Act of Parliament upon the said John Lilburn prisoner at the Bar which is one of the most wicked and unjust that ever the Parliament 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 highest Treasons both by the letter and equity of the two fore-mentioned Laws of the 14 of May and the 17 of June 1649. lately made in part by themselves but principally by their instigators in forcibly dissolving the late Parliament 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 Parliament by the roots not in the least for 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 and Freedoms but onely because they would destroy the Parliament 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 then absolute wills and pleasures and to deal worse and in arbitrarily with the honest inhabitants thereof then any Conqueror that every ●n before them did although themselves against the late King have in The K●ng Cas● stated p. 22. by John Cook their own Atturney-General publikely declared That Conquest is a Title o● Government fit to be exercised amongst Bears and Wolves but gol●●n 〈◊〉 least among men And for any to aver us in England to be a conquered Nation is not onely expresly against 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. John ●ym in his learned and rational printed Argument by the special Order of the House of Commons the 29 of April 1641. against the Earl of Strafford avers And further in pag. 6. saith There are few Nations in the world that

A PLEA at large For JOHN LILBVRN 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. JOhn Lilburn Gent. now prisoner at the Bar saith That he having heard the Charge contained in the Indictment now read unto him at the Bar for Plea thereunto he saith That it appeareth by the Act of Parliament of Jan. 30. 1651. That upon the 15 of January 1651 a judgement was given in Parliament against one Lieut. Col. John Lilburn in the Act named for high Crimes and Misdemeanours by him committed as by the same appears for which the Fines and other punishments were promulgated against him mentioned in the said Act. But the said John Lilburn now prisoner at the Bar saith That the said John Lilburn in the said Act named and he the now prisoner at the Bar be not one and the self same person for that he the now prisoner at the Bar is a free-born English Gentleman and never was legally Charged Indicted and convicted either by the Parliament or any other Court of Judicature being a Court of Record in the English Nation or Commonwealth And he saith that the Parliament being dissolved and by the Law of Parliament in all dubious cases there being no other way to render the sense and meaning of the Parliament being a body politick but by Vote of Parliament he saith it is now impossible if the Speaker himself and all the individual members of the said Parliament should upon their oaths be produced at the Bar yet it is impossible by all their oaths in Law to prove the John Lilburn now prisoner at the Bar to be that Lieut. Col. John Lilburn that the said Parliament in the said Act of banishment meant because by the Law of Parliament there is no other way in all dubious cases to render the sense of Parliament but by the solemn Vote of the Parliament fitting as a Parliament and passing it thereupon as a body politick And the prisoner at the Bar further saith Neither was there any Judgement given in Parliament against him the now prisoner at the Bar for high Crimes and Misdemeanours mentioned in the said Act upon the said fifteenth of Jan. 1651. Votes and Resolves being not in the least any Judgements in Law but at most only preparatives to more serious solemn and judicious things that are to follow them for what at most are they or can they in Law be called or stiled can they in any sense be stiled Judgements No it s impossible because they are no such things in themselves for I resolve to go to such a place on such a day and it may be within an hour after I resolve to the contrary is this a Judgement No Vantrump the Dutch Admiral resolved at the last Sea-fight or the last sea-fight before that to beat the English Navy but when he came throughly to try it he was not able to do it was therefore his resolve a Judgement or the act of beating the English Fleet ever the more done because he resolved it No and therefore John Lilburn Gent. the now prisoner at the Bar saith again That a Resolve at most is but a preparative to the doing or perfecting of a more solemn act as for instance a vicious man resolves to lye with his neighbours wife is that an act therefore ever the more done because he resolves it No for it may be for all his resolve he will never be able to accomplish it or do the act whiles he breaths Again the Lord himself in Exod. 32. resolved to destroy and root out the children of Israel for making them a golden Calf and worshipping it when Moses was in the Mountain yet that resolve never came to a Judgement nor never was executed Again David in the second of Samuel and the seventeenth resolved to build God a house yet God would not let it be done by him because he was a man of blood but it was done by his son Solomon was that resolve therefore a Judgement or ever the more to be esteemed so because David resolved it no not in the least And the prisoner at the Bar further saith that it is in Law Equity or Reason impossible that a Judgement in any legal Court of England should be past against a free-born Englishman and that man dayly forth coming and never to hear read nor see any of the proceedings anteceding the said Judgement and never summoned by any legal processes to any legal proceedings nor called to any legal Bar whatsoever and demanded according to Law what he could say for himself why Judgement should not be past against him Neither did the prisoner John Lilburn now at the Bar ever in all his life time by kneeling at the Bar of the Parliament of the Commonwealth of England lately sitting at Westminster ever acknowledge that the said Parliament in Law ever had in all their life times any the least jurisdiction in the world to sentence him in any kinde or to fine imprison or banish him or any other free-born Englishman of England though never so mean that are none of their members or immediate officers for any crimes whatsoever which is not by Law in the least within their power upon any pretence whatsoever As John Lilburn the prisoner at the Bar hath fully and undenyably proved by Law in his Plea upon the Writ of Habeas Corpus before the late Judges of the Kings Bench viz. Judge Bacon and Judge Rolls upon the eighth of May 1648. as in that printed Law-Argument Entituled The Laws funeral it is fully to be read in pag. 8 9 10 11. All crimes whatsoever being for him onely and solely to be heard determined and judged at the Common Law and nowhere else all treasons being only to be tryed at the Common law by a Jury of twelve legal men of the neighbourhood as expresly appeareth by the Statute of 1 Hen. 4. chap. 10. and the 1 of May chap. 1. 2 of Mary chap. 10. and so are all misdemeanours or breaches of peace though it be in affronting beating or wounding which is much more then by papers disgracing any Parliamentman for that 's expresly to be tryed by the Kings or now as it is called upper bench as clearly appears by the fifth of Hen. 4. chap. 6. and the 11. of Hen. 6. cha 11. Yea although a Sheriff by law is to pay a hundred pound to the King or now as they are called To the Keepers of the Liberties of England and to suffer a yeers imprisonment c. without Baile or Maineprise for every false return of a Knight of the shire that he makes yet by law the House of Commons in former time were not in the least to be Judges in this very business so immediately

the bottom of the whole illegal proceedings aga●nst him will eviden●ly appear 2. The prisoner at the bar's tran●gression at most is but a supposed or a real scandal of one Member of Parliament viz. Sir Arthur Haslerig in which at most he was but of Counsel for Mr. Pr●mate upon a Petitionary Appeal which Primate at the open Bar of the Parliament freed John Lilburne the now prisoner at the Bar from drawing his said Petition at which the Parliament took the offence and at whose Bar he avowedly layd the draw●ng of it upon another and yet the prisoner at the Bar must be thought worthy to be banished and robbed by Sir Arthur Hazlerig of all his estate that at the most was but an accessary to a scandal and Primate the principal that owned the Petition for his and justified the printing of it by his own order hath no such punishment at all inflicted upon him n● nor yet his Coun●el that he avowed drew it But the crime of the said Oliver Cromwel Lord General and Major-Gen Harison in forcibly d●ssolving the Parliament is not onely a scandalizing of one Member of Parliament but of all the Members thereof as a pack of Rogues and traytors to their trust and thereby fit for nothing but to be knockt on the head by the enraged people where-ever they meet them and as unsavoury salt that is good for nothing but to be pluckt our by the ears and pluckt up by the roots and thrown to the dunghil 3. The Parliaments Laws were either good and just or they were not If good and just why were they that made them pluckt up by the roots and dissolved without their free consents and that by their hired servants that had no power either in Law or from the people so to do and upon whom out of the peoples moneys they have bestowed many thousand pounds gratuities If they were wicked and unjust why is the basest and vilest of them endeavoured to be executed upon the prisoner at the Bar for supposed Felony and that principally by the means of those that both by the letter and equity of the said Parliaments Laws are guilty of highest of treasons in dissolving the Parliament by force of Arms without their own free consents and who have been and yet are the only principal prosecutors of me the prisoner at the Bar for his life for returning into the land of his Nativity against the Fundamental Laws Liberties which in all his days he never committed the least transgression after he was forced by reason of Sir Arthur Hazlerig's robbing him of all his estate for divers months together to borrow all the money that bought him bread and after he had continued about a yeer a half in constant danger of his life of being murdered beyond the Seas by the hands of the mad or ranting Cavaliers by the cunning artifice and designes of the pensioned Agents of some of the principallest of those that most in Parliament studied his Banishment yet in which Act that they pretend to banish one Lieut. Col. John Lilburn by there is no crime of Law at all in Law layd unto the sayd Lieut. Col. John Lilburn's charge generals being no crimes in law nor signifie nothing as fully appears by the Lord Cook 's second part of his Institutes fol. 52 315 318 590 591 615 616. and third part fol. 12 13 14. and fourth part fol. 39 333 334. as appears by the Act it self which thus verbatim followeth An Act for the execution of a Judgement given in Parliament against Lieut. Col. JOHN LILBVRNE WHereas upon the fifteenth day of January in the yeer of our Lord One thousand six hundred fifty one Judgement was given in Parliament against the said Lieut. Col. John Lilburn for high Crimes and Misdemeanours by him committed relating to a false malicious and scandalous Petition heretofore presented to the Parliament by one Josiah Primate of London Leather seller as by the due proceedings had upon the said Petition and the Judgement thereupon given at large appeareth Be it therefore Enacted by this present Parliament and by the authority of the same That the Fine of three thousand pounds imposed upon the said John Lilburn to the use of the Commonwealth by the Judgement aforesaid shall be forthwith levied by due Proces of Law to the use of the commonwealth accordingly And be it further enacted That the sum of two thousand pounds imposed by the said Judgement upon the said John Lilburn to be paid to James Russel Edw. Winslow William Molins and Arthur Squib in the said Judgement named that is to say to each of them five hundred pounds for their damages shall be forthwith paid accordingly And that the said Sir Arthur Hazlerig James Russel Edw. Winslow William Molins and Arthur Squib their Executors and Administrators shall have the like remedy and proceedings at Law respectively against the said John Lilburn his Heirs Executors Administrators and Assignes for the recovery of the said respective sums so given to them by the said Judgment as if the said respective sums had been due by several Recognizances in the nature of a Statute-staple acknowledged unto them severally by the said John Lilburn upon the said 15 day of January 1651. And be it likewise enacted by the authority aforesaid that the said John Lilburn shall within twenty days to be accounted from the said fifteenth day of January 1651. depart out of England Scotland Ireland and the Islands Territories or Dominions thereof And in case the said John Lilburn at any time after the expiration of the said twenty days to be accounted as aforesaid shall be found or shall be remaining within England Scotland Ireland or within any of the Islands Territories or Dominions thereof the said John Lilburn shall be and is hereby adjudged a Felon and shall be executed as a Felon without benefit of Clergie And it is lastly enacted by the Authority aforesaid 〈◊〉 all and 〈…〉 and persons who shall after the expiration of the said twenty days accordingly relieve harbour or conceal the said John Lilburn he being in England Scotland or Ireland or any of the Territories Islands or Dominions thereof shall be hereby adjudged accessary of Felony after the fact And all Judges Justices Maiors Bayliffs Sheriffs and all other Officers as well Military as Civil in their respective places are hereby required to be aiding and assist●ng in apprehending the said John Lilburn 1651. Ordered by the Parliament That this Act be forthwith printed and published Hen. Scobel Cleric Parliamenti Fourthly the prisoner at the Bar's return into England tends not in the least to the disturbance of the publike peace quietness or tranquillity of the Nation nor to the destruction and overthrow of all the Peoples Fundamental liberties and freedoms and therefore no reasons at all can be drawn from publike utility or profit to try me John Lilburn now prisoner at the bar for his life as a Felon upon the unjust letter of a void