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A88180 England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate. Lilburne, John, 1614?-1657. 1645 (1645) Wing L2102; Thomason E304_17; ESTC R200315 41,349 51

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into the Chaires of all Committees where being accustomed to take fees they will under-hand protect delinquents and their concealed Estates with tricks and devices 4. The Reformation of Courts of Justice is a worke of absolute necessity without which though the sword of the Lord returneth again into its scabbard so that you have no warre yet you shall have no Peace but if you have many Lawyers they will never suffer any effectuall Law to passe for this purpose Because they yet move by the corruption and delayes of the Law then by the Law it self 5. It is necessary to make a Law for limitation of exorbetant fees extortion and prevarication or collusion amongst Lawyers as it is used in other Countries 6. It is necessary to limit the certaine number of practisers in each Court that they swarme not like Locusts over the land devouring and impoverishing it These blessings you will never attaine unto unlesse God give you the wisedom to avoide such Elections lay to your hearts sinne as well as the shame and smart of oppressions and transgressions of lawyers and you will finde that the cries of the oppressed have been a principall motive to draw downe Gods vengeance upon this mournfull Land Was ever so desperate a wound given to the Lawes Liberties and properties as the predetermined judgement of Ship-mony Who gave that blow Judges What were they Theeves cum privilegio Rege majestatis who bought Justice by whole-sale and sold it by Retaile Who assisted them Lawyers who undertaking to pleade for their Clyants against it pretending one thing and doing another thing for the most part and betrayed the Cause all to get favour and preferrment and yet such proceedings were both against the Judges and the Coronation Oath upon an extrajuditiall opinion collusively given for saith the Record Sacramentum Domini Regis erga populum suum habent ad custodiendum But our Judges though more wicked have the happinesse to live in a more wicked age and out-live their crimes paying onely a small part by way of fine and enjoying there to their stollen treasures and after they had made Peace as devouring as warre and the Law as cruell as the Sword who 's that is not a better Christian then these Brothers of the Coyfe brothers in evill will not cry out with Epicures that God takes no more care what men doe on this earthly balke then man doth what Ants doe on an Em●n●t-hill when Verres being Consull of Cicily had pilled that Province and other Pro-Consulls and Pro-Praetors were puni●hed for lesser Extortions he laughing at their foolish moderation vaunted to his Brother Ty●●●●kedes that he had got enough to buy the freindship of the Senate and commendation of a rich and Honourable man So our Judges enjoy their crimes and the prize and reward of them Nay they grow fatt and prosper upon the anger of God and man whilest this Land groanes under the sad weight of the Sword Pestilence and famine the effects of their inju●tice but through whose favour is it they have not expiated their Crimes with their blood and washed away the Guilt of the Land but the Lawyers who wisely consider it may be their own Case another day I have shewed you how unsafe it is to trust Mercinary-men with making or keeping of your Lawes I will epitomize what I have said in Pleniea's words in Panegyr ad Trajanum Heretofore we were laden with our Crimes now we are oppressed with our Lawes and it is to be feared least the Common-wealth though founded by the Lawes be confounded by the Lawes or rather by the Lawyers Likewise to this purpose read what the Authour reputed to be a member of the Assembly as well as he that writes the Brotherly and friendly Censure of Mr. Prinnes 4. late Queries in his Antidote against the same 4. dangerous Queries pag. 3. saith That if the thing be granted that he disputes for Judges will be taught That they judge not for man but for the Lord who is with them in judgement people will grow more peaceable and free from continuall contentions Lawyers shall not get the wealth of the Land into their hands by fishing in troubled waters incouraging men in unlawfull and quarrelous suites pleading wicked Causes for large Fees prolonging suites and making men spend in long suite unto twise the value of their just Right and debt for which they sue and by taking treeble fees and keeping them though they faile their Clyant and have beene imployed at other Barres when his Cause was to be pleaded Godlinesse and true Religion being increased by faithfull Preaching and godly Discipline in the hearts of men will make the Common-wealth free from the necessity of many Lawyers which the learned Philosopher held to be a Plague in a State and Kingdome and therefore it is no marvell that the corrupt ones of that Profession are deadly enemies to the Maintenance Honour and other incouragements of the true Ministery of the Gospel Also Read what that honest Author and true principl'd Common-wealths man of the little booke intituled A Helpe to the Right understanding of Mr. Wil. Prynne saith of Lawyers and lay all the aforecited Authors together and you will easily finde they make it evidently appeare that there is as little use of Lawyers to be in the House of Commons as there is of a Plague or Pestil●nce or of the Bishops and Popish Lords in the Honourable House of Peeres their Interest being both as Delatory and as destructive to the true Peace Prosperity and well-fare of the Common-wealth of distressed England for the procuring of which as principall helpes and meanes under the powerfull and wise disposing Providence of the Lord JEHOVAH who in his owne due time as Mordecai said to Esther Est 4.14 and Isa 63.3 when all means faileth is alone able without and beyond all meanes to bring Salvation by his owne out-stretched Arme Yet let not us be idle or secure but observe and indeavour these insuing means for our part I. By Petitioning and by all other lawfull wayes and addresses strive to procure from the Parliament and all other just Authority that they according to their duty Oath and Profession yea and our trust reposed in them will Administer JVSTICE impartially according to that loud and earnest desire of distressed and Imprisoned Lieutenant Colonell LILBVRNE in that late Letter which frequently is called his and according to those sad and lamenting Expressions in that just complaining Epistle of an Utter Barrester to his speciall freind called Englands Misery and Remedy and that without turning either to the right hand or to the left or knowing of any Relation either to Father Mother Sister Brother Kinsman or other or without regarding of any Faction either Popish Episcopall Presbyterian Independant Separate or Anabaptist but Cordially to doe every one Justice because it is just and severely to punish all perverters of Justice whosoever they be one Moneths doing of which would procure the Parliament
The PREAMBLE to all the Free-borne People of ENGLAND BRethren and Fellow-Commons God and the world knowes that the well-affected party of this Kingdome discerned by their voluntary aide to the Parliament having tryed all possible and fair means as much as any People for number and power of any Kingdom or Nation ever did by Prayers Assistance Concurrence Attendance Petitions Oblations Informations and Discoveries as well of Treasons as of utter desolations and perceiving themselves now at last to be in a far worse condition both in number and power their Lives and Estates yea and precious time also being so far spent then they were at the first and besides like to loose all and scarcely to have or leave so much as their Lives Lawes or Liberties for a prey And seeing by manifold examples of grievous experience that neither Petitions can be easily accepted justice truely administred the Presses equally opened the cryes of the poor heard the teares of the oppressed considered the sighes of the Prisoners regarded the miseries of the widow and Fatherlesse pittyed nor scarcely any that are in distresse relieved but Lawes any way wrested most of our freedoms restrained Ordinances Protestations Oathes and Covenants slighted the hearts of all Estates King Parliament Priest and People obdured the wicked for the most part absolved the just oftentimes condemned and most of all in Authority perjured not only by breaking that solemne Oath which themselves did make and compelling others to take but neverthelesse by persecuting those who make Conscience to keep it even because they will not break it In deep sad serious and lamentable consideration of all these grievous proceedings and as much by feeling the smart as hearing seeing or knowing the verity thereof chiefly the Opressions taxations Insurrections Rebellions Presecutions Violences Robbeies Sequestrations and Combustions I with my poor one Talent in stead of him that hath Ten out of a dutifull and consciencious love tender and pittifull respect to my Nation now in this her great defection and apparent desolation chiefly for the remnant thereof who mourn in secret both for her great abominations sins desolations and their own particular transgressions and who doubtlesse are marked to escape the fury of Gods fearfull indignation Have used my best endeavours here both to shew the maladies and remedies of this sick swouning bleeding and dying Nation that if God hath not ordained it like Babell to sudden inevitable and utter destruction it may yet be cured and a remnant reserved according to the Lords usuall dealing in all his visitations remembring his tender compassions and mercy even in the midst of his most fearfull judgements and severitie that in despight of Sathan and all his instruments they may doe justice and judgement and praise him in sincerity Farewell ENGLANDS BIRTH-RIGHT Justified Against all Arbitrary Vsurpation whether REGALL or PARLIAMENTARY or under what Vizor soever With divers Queries Observations and Grievances of the People declaring this Parliaments present Proceedings to be directly contrary to those fundamentall Principles whereby their Actions at first were justifyable against the King in their present Illegall dealings with those that have been their best Friends Advancers and Preservers And in other things of high concernment to the Freedom of all the Free-born People of England By a Well-wisher to the just cause for which Lieutenant Col. JOHN LILBVRNE is unjustly imprisoned in New-gate In the 150. page of the Booke called An exact Collection of the Parliaments Remonstrances Declarations c. published by speciall Order of the House of Commons March 24. 1642. we find there a Question answered fit for all men to take notice of in these sad times which followeth Quest NOw in our extreame distractions when forraigne forces threaten and probably are invited and a malignant and Popish party at home offended The Devill hath cast a bone and rais'd a Contestation between the KING and PARLIAMENT touching the MILITIA His Majestie claims the disposing of it to be in Him by the right of Law The Parliament saith Rebus sic stantibus and nolenti Rege the Ordering of it is in them Ans WHich Question may receive its solution hy this distinction That there is in Laws an equitable and a literall sense His Majestie let it be granted is intrusted by Law with the Militia but it is for the good and preservation of the Republick against Forraign Invasions or domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves or the Common-wealth that intrusts them to provide for their weal not for their woe So that when there is certaine appearance or grounded suspition that the Letter of the Law shall be improved against the equitie of it that is the publick good whether of the body reall or representative then the Commander going against its equity gives liberty to the Commanded to refuse obedience to the Letter for the Law taken abstract from its originall reason and end is made a shell without a kernell a shadow without a substance and a body without a soul It is the execution of Laws according to their equity and reason which as I may say is the spirit that gives life to Authority the Letter kills Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that Analogie which all bodies Politick hold with the Naturall whence all Government and Governours borrow a proportionable respect And therefore when the Militia of an Army is committed to the Generall it is not with any expresse condition that he shall not turn the mouthes of his Cannons against his own Souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or command such a thing against the nature of his trust and place it did ipso facto estate the Army in a right of Disobedience except we think that obedience binds Men to cut their owne throats or at least their companions And indeed if this distinction be not allowed then the legall and mixt Monarchy is the greatest Tyranny for if Laws invest the King in an absolute power and the Letter be not controlled by the equity then whereas other Kings that are absolute Monarchs and rule by Will and not by Law are Tyrants perforce Those that rule by Law and not by Will have hereby a Tyranny confer'd upon them legally and so the very end of Laws which is to give bounds and limits to the exorbitant wills of Princes is by the laws themselves disappointed for they hereby give corroboration and much more justification to an arbitrary Tyranny by making it legall not assumed which Laws are ordained to crosse not countenance and therefore is the Letter where it seems absolute alwayes to receive qualification from the equity else the foresaid absurdity must follow So farre the Parliaments own words It is confessed by all rationall