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A88196 In the 150 page of the book 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 times. Lilburne, John, 1614?-1657.; England and Wales. Parliament. 1645 (1645) Wing L2117; Thomason 669.f.10[33]; Thomason 669.f.10[43]; ESTC R210393 4,038 1

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of the Star Chamber have by experience been found to be an intolerable burthen to the Subjest and the means to introduce an Arbitrary power and Government and that the Councell-Table have adventured to determine of the estates and liberties of the Subject contrarie to the Law of the Land and the rights and priviledges of the Subject Which Laws are there recited as first Magna Carta and the 5 Ed. 3. 9. and 25 Ed 3. 4. and 28 Ed. 3. 3. the last of which saith that it is accorded assented and established that none shall be taken by Petition or suggestion made to the King or His Councell unlesse it be by Indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner ot by Processe made by Writ originall at the Common Law and that none be put out of his franchise or Free-hold unlesse he be duly brought in to answer and fore-judged of the same by the course of the Law and by another Statute made in the 42 Ed. 3. 3. it is there inacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ originall according to the old Law of the Land Therefore for the Subjects good and welfare in future time it is inacted that from henceforth no Court Councell or place of Judicature shall be erected ordained constituted or appointed within this Realm of England or dominion of Wales which shall have use or exercise the same or the like jurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber From the equity and letter of which Law it is desired that our learned Lawyers would answer these insuing Quaeries First whether the letter and equity of this Law do not bind the very Parliament themselves during the time of their sitting in the like cases here expressed to the same rules here laid down Which if it should be denied Then secondly whether the Parliament it self when it is sitting be not bound to the observation of the letter and equity of this Law when they have to do with free-men that in all their actions and expressions have declared faithfulnesse to the Common-wealth And if this be denied Then Thirdly whether ever God made any man lawlesse or whether ever the Common-wealth when they choose the Parliament give them a lawles unlimited power and at their pleasure to walk contrary to their own Laws Ordinances before they have repealed them Fourthly whether it be according to Law Justice or equity for the Parliament to imprison or punish a man for doing what they command him and by oath injoyn him Fiftly whether it be legall just or equall that when free-men do endeavour according to their duty oath and Protestation to give in Information to the Parliament of Treason acted and done by Sir John Lenthall against the State and Kingdom and long since communicated to severall Members of the House of Commons but by them concealed and smothered And now by Gods providence brought upon the stage again and during the time that Inquisition is made of it before the Committee of Examination before any legall charge be fixed upon Sir John Lenthall or he required to make any answer or defence that he shall be present to out-face discourage and abuse the Informers and witnesses in the face of the Committee without any check or controll from them And sometimes while they are sitting about the Examination of his Treason that he shall sit down beside them with his hat on as if he were one of them and that he shall injoy from the Committee ten times more favour and respect then the just honest and legall Informers against him who by some of the Committee themselves while they are sitting are threatned jeered nicknamed and otherwayes most shamefully abused Yea and the friends of the Informers for the State are kept without doors and the friends of the accused admitted to come in alwaies without controll and during the Examination of the Information that the Committee shall refuse to remove the Informers out of Sir John Lenthals custody of Kings-Bench to another prison although they have been truly informed that he hath set Instruments on work to murther them and also importuned to remove them Sixtly whether it be not most agreeable to Law Justice and equitie that seeing Sir John Lenthall having so many friends in the House concerned in the busines that he should not rather be tried by the same Councell of Warre in London where Sir John Hotham and his Son were then at the Parliament his principall crime being against the Law Marshall as theirs was