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A88190 The grand plea of Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, against the present tyrannicall House of Lords, which he delivered before an open committee of the House of Commons, the twenteth day of October, 1647. where Mr. Iohn Maynard the lawyer had the chaire. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2112; Thomason E411_21; ESTC R202731 16,502 16

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sentence vacated my liberties for future secured and the Lords exemplarily punished as well as the Star-Chamber High-Commission or Councel-●…d being they may more justly be charged then any of them for not keeping themselves to the points limited upon them by the Lawes and Statutes of the Kingdom but have not only with me but with multitudes of others undertaken to punish where no Law doth warrant and to make decrees for things for which they have no such authority and to inflict heavier punishments then by any Law is warranted which as the act it self expresseth were the principle causes of their abolition and may more justly be of the House of Lords for that there was hopes of remedy in case of injustice done by them by appeale to a Parliament which cannot in the least be expected against the House of Lords the appeal being still to themselves unlesse the House of Commons do instate appeales against them soly in themselves And by how much the more they judge their Court to be higher then other Courts by so much the more they ought in law justice equity conscience and honor to be transcendent in the equal legall just and impartiall administration of Justice an act of tyrany and oppression being ten times more odious in them then in any other inferior Court as learned Sir Edw. Cooke well observes in his Instituts And also I demand as my right and due ample reparations from the Lords for all their tyranny illegally without remorse pitie and compassion exercised upon me to the apparent hazzard of my life and being and that I may also have from them so much money for my legall maintenance as in all ages for these three or foure hundred years hath been allowed to men in my condition and prison and may be provided for for the time to come during my stay there And that I may freely be left to take my course at Common Law upon all Jaylors Keepers of Prisons and the Sheriffe of London as have most illegally and unwarrantably executed their illegall arbitrary and unbinding tyrannicall Orders and Decrees upon me and that now after seven yeares delay by you I may also immediatly be put by your House into a certain capacity to receive of the Earl of Salisbury old Sir Henry Vane the Lord Chief Justice Bramston and Doctor Allife who have visible and plentifull estates in being my long-since decreed reparations against my Star-Chamber Judges with just additions for my long stay large expences and great troubles therefore and not be put to seek it from the Lord Cottington Sir Francis Windebank and Mr. Ingram late Warden of the Fleet whose estates are so wasted and destroyed by sequestration c. that I know not where to find them and may be hereafter as I have been already seven years in obtaining my just right and due from them And lastly I earnestly desire and presse that speedy care by your House be taken to put the Earl of Manchester and Col. Edward King upon their thorough Trialls upon the foresaid Impeachments either to their justifications or condemnations and that all Suits of theirs at Common Law against me for words spoken about or concerning the said Impeachments may be stopped as in Justice Law and Equity they ought to be till they be either condemned or justified upon the said Impeachments And now Sir I have done with all and every thing that in point of Law I have to say aga●nst the Lords irregular dealings with me till they reply some other things in reference to the House of Commons I think as essentiall to my own welfare as any thing I have already said I have ready to say but that my present strength and voice is in a manner quite 〈◊〉 so that I cannot well go on at present though I have all my matter ready and therefore I earnestly intreat a new day to say out the rest and so leave it to your judgment and Tuesday next being the 26. of October 164● at two a clock in the afternoone in the same place being your own appointed time I earnesty desire your presence there when and where I doubt not but I shall demeane my selfe with as much honour and respect towards you as you upon Wednesday last with justice candor and fairnesse did demean your self towards me and the Kingdome so much concerned in me in giving me so faire publike free and uninterrupted a hearing which can not but in ingenuity be acknowledged a great obligation to him that in sincerity subscribes himself Sir Yours and the Kingdoms faithfull Servant John Lilburne FINIS
upon the 12. of Iuly 1645. joyntly under both their hands send into the Speaker a most malicious false note by way of accusation against me about 60000. l that then was said to be sent to Oxford by the Speaker whereupon without being called into the House though then at the doore either to justifie or deny the charge fixed upon me I was by vote of the House committed a prisoner to the Serjeant at Armes and from thence by Mr. Lawrence Whitaker was sent to Newgate and being there there was an expresse order of the House of Commons for any thing I know to the contrary by Col. King procured for the arreigning of me at Newgate Sessions where I was acquitted by proclamation as guiltlesse of any crime and afterward by the certifying thereof by Mr. Glyn Recorder of London to the House of Commons I was by vote thereof the 14. of Octob. 1645. freely and cleerly discharged But King being conscious of his own guilt and judging himselfe not safe nor long lived unlesse he crushed me to peeces and therfore most maliciously and unjustly upon the 14. of April 1646. contrary to the just priviledge of Parliament and the Common law of England caused me at Westminster as I was following my businesse depending and then in agitation before the house of Commons by whom I ought therefore in justice and law to have been protected comming staying and going till I had beeen dispatched by them ☞ to be arrested by the Bayliffe thereof into the Court of Common Pleas in an action of trespasse for 2000. l. pretending that I the day I was delivered out of Newgate had said that he the said Col. Edward King was a Traytor and I would prove him one which according to your Articles of Warre or your own Ordinances had and still is easie to doe if you will doe iustice whereupon by petition to your House I pressed hard that he upon his impeachment might speedily come to his tryal or else that I as in justice law and equity ought to be might be protected and the Judges of the Common pleas might be commmanded to sease their proceedings till King upon his impeachment then depending in the house of Commons might either be condemned or iustified but I could get no answer to my petition although I followed it with all the interest might and strength I had wherupon being in very great straits I was necessitated to pen my plea my self to I. Reeves and print it in the penning of which I was necessitated for my own iustification to touch a little upon the Earle of Manchesters refusing to doe me and the kingdome iustice and right in an open Councell of War against Col. King and having by L. G. Cromwells meanes beene deeply with him engaged against the said Earle in actively prosecuting of that impeachment of Treason and breach of trust which he exhibited to your house about two yeares agoe against the said Earle of Manchester he the said Earle of Manchester being then Speaker of the house of Lords and so chief Iudge in his own case caused me as ● conceive though most illegally and uniustly upon the 10. of Iune 1646. to be summoned up to their barre to answer as by their warrant appeares such things as I should be there charged with for writing that book or plea which if there had been any thing in it scandalous it was only tryable by a Iury of my Peers or Equalls which are Commons or men of my own condition at the Common Law the house of Lords having not by law the least cognizance or iurisdiction in the world of it and therefore all their proceedings upon me from the beginning to the end are most illegall and uniust and coram non iudice And now in the third place I come unto my plea but by the way I desire to premise this unto you that by your own Declaration of the 15. of December 1641 and 17. of Ianuary 1641. and the 12. of Iuly 1642. I find the law of the land and the ordinary course of iustice called by you the common birth-right of all the free men or people of England 1. part book Decl. pag. 7. 38. 39. 459. and in your Declaration of the 23. of October 1642. you aver that it is the birth right of the meanest of the Commonalty of this Kingdome to inioy the freedome and libertyes of the lawes of the land being as there you say intituled unto it with the greatest Subiect The inviolable preservation of which in divers of your Declarations you declare is the maine and principall end of all your undertakings mannaged both by your swords and councells And this is that for which you have compelled the kingdome to sweare divers oaths to maintaine with the uttermost hazzards of their lives and estates and you have also imprecated in your Declarations the fearce wrath and vengeance of the great God of heaven and earth to fall upon you when you decline th●se ends And therefore Mr Maynard considering all these your own words and considering your own deepe knowledge and understanding in the lawes of England by the practize of which you have got a great part of your estate and by the destruction whereof you are not worth a groate in all the world having no propriety in that you possesse being subject every moment of time to have all you have taken from you without remidie by him that is stronger then you and therefore well did Mr. Iohn Pym say in his speech against the Earle of Straford recorded in your own booke of Declarations 1 part page 140. that the law is that which puts a difference betwixt good and evill betwixt just and unjust if you take away the law all things will fall into confusion every man will become a law unto himself which in the depraved condition of human nature must needs produce many great inormities Lust will become a law envy will become a law coveteousnesse and ambition will become a law and what dibates what divisions such lawes will produce may easily be discern'd And truly Sir neither the Lords nor you can lay it to my charge that I am leagally convicted of the least crime that doth disfranchise me or render me in the least uncapable of injoying the utmost benefit and priveledge that the Law of England will afford to a freeborne Englishman neither can the Lords nor you justly pretend against me that I have drawne my sword against or otherwise publickly or privatly engaged with any interest in England for the destroying the lawes and liberties thereof nay so farre have I beene from any of those things that I doe with confidence avere it that I have as freely with my sword in my hand upon your and their primitive declared principles adventured my life and blood for the preservation of the lawes and liberties of England with as much resolution as any Lord in England and though it may unjustly be bruted abroad to my disgrace by