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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

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them are fully confirmed by that commonly reputed able Lawyer Serjeant John Bradshaw late Lord President of the high Court of Justice against King Charles who in his large Speech to him and against him printed in the second Edition of his Tryal and sold by Peter Cole Francis Tyton and John Playford 1650. from p. 52. to 70. And amongst other passages in p. 55. he hath this That the end of having Kings or any other Governours it is for the enjoying of justice that is the end Now Sir saith he if so be the King will go contrary to that end or any other Governour will go contrary to the end of his Government he must understand that he is but an Officer in trust and he or they ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour And in p. 53. he tells the King That as the Law is his superiour so also he tells him there is something that is superiour to the Law and that is indeed the parent or author of the Law and that is the people of England for Sir as they are those that at the first as other Countries have done did chuse to themselves this form of Government even for Justice sake that justice might be administred that peace might be preserved so that Sir saith he to the King the people gave Laws to Governours according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the Publike the People had a power in them and reserved to themselves to alter them as they shall see cause Secondly such an Act of Parliament as the aforesaid Act of Banishment is not onely against common right common equity and common reason but it is absolutely destructive to the very ends of the peoples Trust conferred upon the Parliament and so the highest of treasons that can be committed And that it is destructive to the ends of the peoples Trust clearly appears by the Statutes of 4 Edw. 3. cap. 14 and 16 Edw. 3.10 which expresly saith that a Parliament at least shall be holden once every yeer and that for the maintenance of the peoples Laws and Liberties and the redress of divers mischiefs and grievances that daily happen And sutable to these things are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And sutable to this is the end of the Parliaments sitting as the present General and his Army in many of their remarkable Declarations have fully declared against the late 11 Members and their accomplices yea and forced the late Parliament to raze out of their books and Records many wicked and unjust things as they judged them to be after the Parliament had solemnly past them as Votes Orders Judgements and Acts yea and endeavoured very earnestly to hang divers of those as Traytors that had executed them as particularly Alderman Adams Alderman Langham Alderman Bunce with the Lord Maior Sir John Gayre and divers others But the greatest grievances and mischiefs in the world are by the aforesaid mischievous and unjust Banishing Act established ratified and confirmed for by it a man is condemned to lose his liberty and estate and the comforts of this life and that without any the least crime committed or accusation exhibited or legal Processes issued out to summon the party to make any defence in the world or ever calling or permitting him to speak one word for himself which is an Act or proceeding against the light and law of Nature Reason the Law of God against the law of Honour Conscience and common Honesty yea a dealing worse with the party then ever the cruel Jews did with Christ or then the bloody butchers Bishop Gardner and Bonner did with the rosted Martyrs in Queen Mary's days who always suffered them to have due processes of Law and to know and see their accusers and to have free liberty to speak for themselves and never condemned them but for transgressing a known and declared law in being Yea also dealing worse with the party then ever the bloody Gunpowder-Traytors were dealt with by King James who always allowed them fair tryals in law from the beginning to the end at the Bar of Justice for their lives Yea it is a worse dealing with the party then ever the Parliament themselves dealt with the bloodiest and most massacring Traytors that ever were in Arms against them to cut their throats Yea the forementioned practice of the foresaid most illegal and unrighteous Act of Banishment is an Act and proceedings in the highest subversion of the Fundamental Law and Liberty of England that can be invented or imagined and by consequence if it may without the highest offence or soloecism in Law be supposed that his Excellencie the Lord Gen. Cromwel Major-Gen Harison and the rest of the Members of the late Supreme Authority of the Parliament of the Commonwealth of England sitting at Westm had any real finger in it or were actors of it they may and ought all of them with all the rest under them that have executed any part of the aforesaid unjust injurious illegal Act of Parliament to be apprehended indicted and proceeded against at the Common Law as Traytors and subverters of the Fundamental Laws Liberties and Freedoms of the free-born people of England as that learned man in the Laws of England Sir Edward Cook in the second third and fourth Parts of his Institutes all three of which are published by two special Orders of the late House of Commons in anno 1641. for good Laws doth declare and prove was dealt with by Empson and Dudley in less cases then the fore-recited unjust act of Banishment and of which severe punishments those Arbitrary and discretionary Judges viz. Trisilian Fulthrop Belknap Care Holt Burge and Lockton in Richard the seconds time sufficiently tasted of as also their arbitrary Accomplices the then Lord Major of London Sir Simon Burley Sir William Ellinham Sir John Salisbury Sir Thomas Trevit Sir James Barnis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgements in subversion of the peoples fundamental Law and Liberties in advancing the Kings will above the same yea one of them was banished therefore although he had a Dagger held unto his very brest to compel him to set his hand thereto But the two first mentioned persons cases being the most remarkable the prisoner at the Bar shall only at present inlarge upon theirs Which Case of Empson and Dudley was thus At the Parliament holden by King Lords and Commons in Henry the sevenths time who was an undoubted lawful king of England and by his marriage of his wife the Lady Elizabeth heir apparent to the House of York as himself was to the house of Lancaster had united the two claimes of Lancaster and York in himself and in a pitcht battel had slaine King Richard