Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	john_n	sir_n	thomas_n	5,454	5	9.8573	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

in Hillary Tearm Anno 16. Caroli Regis after a verdict obtained a Iudgement in his Maiesties Court of Kings Bench of 7000. l. debt and 7. l. 12. d. dammages against Thomas Wright who afterwards was charged in execution for the same in the custodie of Sir Iohn Lenthall Knight then and yet Marshal of the said Court and the said Wright being so in execution for Composition offered your Petitioner above 2000. l. and security for the residue of the said debt all the same appearing to be true by Records and by proceedings in Chancery under the Great Seale of England but before any part thereof satisfied the said Sir Iohn Lenthall suffered the said Wright to escape out of Execution Your Petitioner therefore in Hillary Terme 17. Caroli Regis Ten dayes before the end of that Terme caused an action of debt to be brought for the said 7007. li. 12 d. at your Petitioners suit for the said escape and then filed a declaration against the said Sir Iohn Lenthall for the same But the said Sir Iohn to deprive your petitioner of the said debt and all remedie for the same 10 Trin. 18. Caroli Regis notwithstanding your Petitioner had severall Rules against Sir Iohn Lenthall for judgement upon his declaration so filed in Hillary 17. He the said Sir Iohn Lenthall procured an Order to be made by Sir Iohn Brampston Knight and Sir Thomas Mallet Knight in open Court that your petitioners Declaration filed in Hillary 17. should be filed as of Easter Tearme the 18. contrary to justice the law of this Kingdom the libertie of the Subjuct and the rules of the said Court as your petitioner is advised And for that your petitioners being so advised that the said Order doth utterly barre your petitioner of his said debt Your Petitioner severall times publiquely in Court and otherwise moved the Iudges to alter the same but could not prevaile as appeareth by the Order of the said Court and for that that notwithstanding your petitioner earnest solicitation for his judgement due by the rules of the said Court for the space of above foure yeares together and his great expence after 15. Orders made in the said Court the now Iudges of the said Court Mr. Iustice Bacon and Mr. Iustice Roll hath confirmed the same as appeareth by an Order by them made per Hillar 22. Caroli Regis now readie to be shewed In tender consideration of the premises that your petitioner according to the Law filed his declaration in Hillary 17. when the prisoner was escaped and at liberty and for that the said Iudges Order contrary to Law barreth your petitioner from prosecuting upon that declaration and bindeth your petitioner to file his declaration as of Easter terme 18. Caroli when the said Marshall aleadged that he had retaken the said prisoner again and that he was dead and that your petitioners debt is destroyed by the said Iudges Order to your petitioners dammage above 10000 l. And for that other debts may be destroyed by the like If men be barr'd from the benefit of their just Records duly fil'd as the petitioner is contrary to the Lawes of the Kingdome and the libertie of the Subiect which appeares to be done in this Cause by the Orders themselves Your Petitioner humbly craveth releife according to his damages And your Petitioner shall pray Henry Moore Which petition the said Moore delivered to Col. Henry Martin and divers other Parliament men but can not so much as get his petition read in † Jt is worth the taking notice the Speaker is Sir John Lenthalls brother and it is almost grown to a common proverb in England that Parliament mens neer Allyes as well as themselves are above the reach of all law and justice which I am sure if they look not speedily well about them will destroy them every man the House upon whom he hath long attended and still waiteth most earnestly and deplorably cryeth out to be releived from this intollerable oppression by which the said Moore is damnified as in his printed complaints to the House he declares above ten thousand pound to the hazzard of his utter ruine Now I shal here crave the liberty to insert the epittomy of my own cruel barbarous sufferings with this desire to al that reads it seriously to consider that what hath befaln me by the cruell tyrany of by past Tyrants and oppressors if not strongly remedied and repaired may for future be incouragement for the present Tyrants to inflict when they dare for fear of being dismounted the like if not worse upon the first Nown-Substantive Englishman that shall resolutely stand in their way * And it is the clearest demonstration to me in the world that the present men in power alwayes intended to walk in the oppressive tyranous ways of the Star-chamber High commission councel board in that they have done no man effective iustice or right that suffered by them least their own Acts should be binding presidents to pay their own Acts should be binding Presidents to pay themselves by in future times The summe of what I have here to insert I shall lay down in the very words that J delivered in print to the Members of the House of Commons at the House doore the 23. Novemb. last which thus followeth A new complaint of an old grievance made by Lievt Col. Iohn Lilburne Prerogative prisoner in the Tower of London Novemb. 23. 1647. To every Individuall Member of the Honourable House of Commons SIR MY exceeding urgent necessities and my extraordinary sufferings by your neglect in doing me justice and right according to your many oaths and declarations presseth me above measure still to play the part of the poore importunate widdow mentioned in the Gospel and to resolve whatever befalls 〈◊〉 never to give over till I have attained her end viz. Iustice You may please truly to take notice and the rather because many of you are new Members that in the year 1637. and 1638. I suffered a most barbarous sentence by the Star Chamber occasioned by two false oaths sworne against me by Edmond Chillington † † The substance of which with my defence against them in open Star Chamber and when I stood upon the Pillory at Westminster you may largely read in the relation of my first sufferings called The Christian mans tryall reprinted by Will. Larner 1641. now dwelling at the black boy within Bishops-Gate now a Lievtenant under Col. Whaly and by my refusing to answer interrogatories against my self in executing of which sentence the 18. of April 1638. I was tyed to a Car●● tayle at Fleet bridge and whipt through the streets to Westminster and had given me above the number of 500. stripes with a threefold knotted corded whip the weeles made in my back thereby being bigger then Tobacco pipes c. And set two houres upon the Pillory bare head in an extraordinary hot day and a gag put into my mouth above an houre to

arbitrary power like Turkish Janisaries In the rhird place I answer that it is against reason law conscience justice and equity to subject me at one and the same time or any other free Commoner of England under the sting and power of two distinct Lawes and such a bondage as is insupportable and such a snare of intanglement that no mans life whatsoever can be safe or secure under it that I shall be liable to be questioned and destroyed by the common Law of the Kingdome and then be at the wills of mercenarie Turkish Ianisaries in case the common Law will not reach me to be questioned and destroyed by an unjust arbitrary Martiall law and if it can be justly proved against me that I have made any tumults the Law and the ordinarie Courts of justice are open by which and by no other rules and proceedings J ought to be tryed and if it be said or can be proved that J have belied or scandalized the Generall to the taking away of his good name c. yet scandalum Magnatum is not to be tried by Martiall Law nor yet either by the House of Commons or the House of Lords but only alone now the Star-Chamber is down by an Action at cōmon Law † † As is cleare by the Statutes of 3. Ed. 1. 33. 37. Ed. 3. 18. 38. Ed. 3. 9. 42. Ed. 3. 3. 2. R. 2. 5. 12 R. 2. 11. 5. part Cookes reports pag. 125. 13. H. 7. Kelway 11. Eliz. Dier 285. 30. Affiz pla 19. Liev. Col. John Lilburnes Grand Plea of 20. October 1647. pag. 7. 8. by a Jurie of my equals no where else it being a Maxime in Law That wher remedy may be had by an ordinary course in law the party grieved shall never have his recourse to extraordinaries * * See Vox Plebis pag. 38. Lievt Col. Jo. Lilburnes Anatomie of the Lords Tyranny pag 10. And besides for you to proceed with me and to be both Parties Jury and Iudges is a thing that the Law abhorres † † See 8. H. 6. fol. 21. Eliz. Dier 220. Dr. Bonhams case 8. part of Cooks Repots and Lievt Col. Jo. Lilburnes grand Plea pag. 10. In the fourth and last place J answer that the Parliament it selfe neither by Act nor Ordinance can justly or warrantably destroy the fundamentall liberties and principles of the common Law of England * * See Mr. Henry Martins answer to the Scotchpapers called the Independency of England at the last end it being a maxime in law and reason both That all such Acts and Ordinances are ipso facto null and void in law and bind not at all but ought to be resisted and stood against to the death But for them to give you a power by Marshal Law or under any other name or title whatever by your arbitrary tyrannicall wills without due course and processe of Law to take away the Life or Liberty of me or any free Commoner of England whatsoever yea or any of your own Souldiers in time of peace when the Courts of Iustice are all open and no visible declared enemie in Armes in the Kingdome ready to destroy it is an absolute destroying of our fundamentall Liberties and a rasing of the foundation of the Common Law of England † † But besides all this I doe confidently believe that the Parliament never gave power unto the Generall since the wars ended to execute Martiall Law neither doe I believe that some chiefe Executors of Martiall Law have any Legall Commission from the Parliament who never that I could heare of ever gave power unto the Generall of himself to make generall Officers and besides all the Parliament men that are Officers in the Army were as I have been groundedly told formerly taken off by an Ordinance of both Houses which was never repealed since And therfore such a power of Arbitrary Marshall Law cannot justly by the Parliament in time of peace c. be given unto you nor if it were be justly or warantably executed by you And besides both houses themselves by an Ordinance unlesse they alter the whole constitution of this Kingdome can take away the life of no free Commoner of England whatsoever especially in time of peace And therefore that which is not within their owne power to do they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax c. to do it being a Maxime in nature That beyond the power of being there is nor can be no being But it is in the power of the Parliament or the two Houses or the House of Commons themselves as the present constitutions of this Kingdome stands either by Order or Ordinance to take away the life of any free commoner of England * * See Sir E Cooks 2 part institut fo 47 48. 3. part fol. 22. and 4. part fol. 23. 25. 48. 291. all of which bookes are published for good law to the Kingdom by 2. speciall Orders of the present House of Commons as you may read in the last pa. of the second part institut see also the Petition of Right And therefore they cannot by an Ordinance or Order especially in times of peace give power to Sir Thomas Fairfax by Marshall Law unlesse they totally alter the Constitutions of the Kingdome to take away the life or lives of any free Commoners of England which all Souldiers are as well as others † † See the Armies Declaration of the 14. Iune 1647. Book of their Declarations pag. 39. and their Letter from Royston to the Lord Mayor of London of the 10. Iune 1647. which the Printer hath neglected to print in their book of Declarations * and therefore it is absolute murther in the Generall and the Councell of Warre now to shoot to death hang or destroy any Souldier or other Commoner what ever by Marshall Law for which they may be indicted at the Kings Bench barre And therefore J doe the third time as a friend advise you to cease your illegall arbitrary tyrannicall Marshall Law proceedings with me that am no Souldier and so not under the least pretence of your Marshall Iurisdiction least in time to come you pay as deare for your arbitrarie illegall proceedings with me as Sir Richard Empson and Mr. Edward Dudley Iustices did who as Sir Edward Cook declares in his 2. and 4. part of his Institutes where very officious and ready to execute that illegall Act of Parliament made in the 11. H. 7. cap. 3. which gave power unto Iustices of Assize as well as Iustices of the Peace without any finding or presentment by the verdict of twelve men being the ancient birth-right of the Subject upon a bare information for the King before them made to have full power and authority by their discretions to heare and determine all Offences or contempts committed or done by any person or persons against the form ordinance

this expresse command upon them that they shall in any wise set a King over themselves from amongst their brethren and that they shall not in any wise set a stranger over them which is not their brother but saith God he shall not multiply Horses to himself nor cause the people to return to Aegypt that is to say to vassalage slavery or the house of bondage Neither shall he multiply wives to himself that his heart turne not away neither shall he greatly multiply to himself silver Gold And it shall be when he sitteth upon the Throne of his Kingdome that he shall write him a copy of this law in a book out of that which is before the Priests the Levits And it shall be with him and he shall read therein all the dayes of his life that he might learne to feare the Lord his God to keep all the words of this law and these statutes and do them That his heart be not lifted up above his brethren marke that well and that he turne not aside from the commandement to the right hand or to the left Deut. 17 15 16 17 18 19 20. Here is a cleare declaration by God himself that Kings the single greatest of Magistrates are not to walke and act upon the people by the rules of their own wills but by the law of God which is as binding to them as the meanest of the people and for my part I say and aver that that man whether King or Parliament man that declares himself to be lawlesse was never in that condition of Gods creation but of the Divils And pertinent to this purpose is the comp●aint of our antient English Lawyer Andrew Horne in his Mirror of Iustice in English ch 5. Sect. the first division the first and second pag. 225. where complaining of the abusions of the Common law he saith the first and chiefe abusion is that the King is above the law whereas he ought to be subiect to it as it is contained in his oath Which as Sir Richard Hutton one of his own Iudges in his Argument in Mr. Iohn Hampdens case against Sip-money pag. 32. which argument was made before this Parliaments doctrine was broached saith that by the Kings Oath he agrees to give consent to such lawes as shall in Parliament be propounded for the profit and good of the Kingdome and be further declares that he is to rule and govern thereby see also the petition of Right in the following pages 1. 2 So that by this it clearely appeares that in his own imagination nor the opinion of his Iudges he is neither omnipotent nor unlimited but his office is an office of trust conferred upon him for the good of the people And therefore saith our forementioned Author Andrew Horne ibim the second abuse of the common Law is That whereas Parliaments ought to bee for the salvation of the soules of Trespassors twice in the yeare at London that they are there but very sildome ond at the pleasure of the King for subsidies and collections of Treasure c. And the Act made the first yeare of this Parliament in the 16. of the present King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments expresly saith Whereas by the Lawes and Statutes of this Realm the Parliament ought to beholden at least once every yeare for the redresse of Grievances c. Which Lawes and Statutes are the 4. Ed. 3. 14 36. Ed. 3. 10. which are printed virbitum in the following discourse pag. 9 12 and which are expresly ratified and confirmed to be duly kept and observed In which Acts the Parliament are prescribed their worke what to doe which is to maintaine the Lawes and redresse the mischiefes and grievances that dayly happen but not in the least to our destroy Lawes unlesse they give us Letter for them nor to make our mischiefes and grievances greater nor to rob and poule the Kingdome of their treasure by taxations Excize c. and then share it by thousands and ten thousands amongst themselves which i● expresly against the Lawes of the kingdome for Feesies in trust and they are no more at most by the Law of this Land can give nothing to themselves and therefore their sharing as daily they doe the Common wealths money amongst themselves is no better then absolute state robbery against whom an indictment or an Action of recovery if not of death † For Andrew Horne declares p. 239 that it is an abuse of the common Law that Iustices and their Officers who kill people by false judge●ent be not destroyed as other murtherers which King Alfrid caused to be done who caused 44 Iustices in one yeare to be hanged as murtherers for their false judg●ments and page 241 he saith that he hanged Arnold because he saved Boylife who robbed the people by cullour of distresses whereof some were by selling distresses some by extortions of fines c. ought in equity and reason to lye as well as against robbing and cheating servants and stewards And for them for ever to shelter themselves from the lash and stroak of justice or for ever from being called to accompt for all their Cheats Robberies and murthers by getting the Kings hand to an Act to make them an everlasting Parliament no more lyes in the Kings power Justly and legally to do then to give them power to make us al absolute Vassels and Slaves and to destroy all our Lawes libertys and propertys and when they have so done then to cut the throats of all the men in England besides themselves therefore it behoves the people to keep up the interest of a Parliament but yet annually at least to chuse new Parliament ment to call their predicessors to a strick accompt and for my part J conceive that not onely by the rules of equity and reason but by the strength of the Law of the land which requires a Parliament to be chosen and held at least once every yeare the people that are willing in the severall Sheires Cities and Burrowes may call home their Parliament men and send new ones in their places to call them to accompt and to make Laws to punnish such betrayers of their trust as men as full of unnaturalnesse as those that murder and kill their owne fathers which is an act abhorred even amongst bruts and yet this very thing is acted upon us by the grandees amongst our trustees who themselves have told us that it is as old a law as any is in the Kingdom that the Kingdome never ought to be without a meanes to preserve it selfe 1. part book decl pag. 207. pag. 690. And that those things which are evell in their owne nature cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever 1. par book p. cl pag. 201. pag. 150. And therefore the conclusion that I draw from Gods subjecting of all men equally

alike to his law is by way of advice to all my Countrymen earnestly to prosecute the obtaining the things desired in the 3 first heads of our great Petition especially for promoting of which I am lately as a trayter committed by the House of Commons that the powers of King Parliament and people may be destinctly and particularly declared and setled that we may be no longer in confusion by having the little ones ●o be subject to the punishment of the law the great ones to be subiect to none but their lusts ●he law of ther own wils therfore I do with confidence beleeve those expressions of my imprison●d Comrade Mr. Iohn Wildman in the 11. pag. of his late masculine English peace called truths try●mph or treachery anatomized where he saich that he beleeves the freedome of this Nation will ●ever be secured until the extent of the power and trust of the peoples representatives and the peoples ●eservations to themselves be clearly declared in reference to the Legislative power And for my particular after the grand and superlative Apostacie of so tall a Caeder as Lievt Gen. Cromwell See that notable discourse of him in ●urney Projects and also in a little book ●alled the Grand Design and the justi●●cation of Sir Iohn Maynard prisoner in ●e Tower called the Royall Quarrell pretended to be for the liberties and freedomes of the people of this nation I shall never hereafter in state affaires for his sake trust either my father brother or any other relations I have in the world but shall always to all I converse with incultate the remembrance of that deare experienced truth or maxime recorded in the margent of our forementioned large Petition which is That it hath been a maxime amongst the wisest Legislators that whosoever meanes to settle good lawes must proceed in them with a sinister opinion of all mankind and suppose that whosoever is nor wicked it is for want only of the opportunitie And that no state can wis●ly be confident of any publique Ministers continuing good longer then the ●ods is held over their heads Now as God hath made all men subject to his lawes alike so in the. Second place he hath been very sha●● positive and plain to his lawes see Gen. 2.17 and 9.5.6 Ex. 20. see also the 10.11.13.14 pages of my Epistle to Iudge Reeves edition the 2. where these particulars are largely and pithly discursed But Iuglers deceivers deluders and Tyrants● study how to make their Lawes ambiguous and doubtfull that so the people may continually be together by the eares in the true understanding of them that so the mysterious and jugling lawyers who are the principall makers of them may under pretence of opening them continually pick the peoples pockets with a kind of Hocus Pocus or Clenly conveiance and have made them so voluminous that it shal be almost impossi●le for an ordinary man ever to reade them over or if he doe reade them over yet it shall be impossible for an ordinary braine to carry all the contradictions of them one against an other in his head Thirdly God gave all his lawes and the proceedings therein to his people in their owne mother tongue and commanded them to teach them to their Children and Servants and that their Iudges that did execute them should sit openly in the Gates and judged it farre below and beneath that Iustice that is inherant in him to give his Lawes or any proceedings in them so unto his people that it was impossible for the most of them to know them read seriously so proofe hereof ●the forementioned pages of my Epistle to Iudg Reeves for writing of which al my present troubles are come upon me But juglers deceivers deluders and tyrants will have their lawes not in the peoples mother tongue but will have them put into Lattin or French that so the people that are governed by them may never come to understand them * But saith the aincient Lawyer Andrew Horne in his Mirror of justice chap. 5. Sect 1. de 3 page 225. it is an abuse of the common Law of England that the Lawes and customes of the Realme with their occasions are not put in writing whereby they may be known so as they might be knowne by all men that so their lives liberties and estates may be at the wills of those the ride and tyrannise over them as Mr. Daniel in his history well observes the people were in Will the conquerours time and if possible they g●t their pleadings to be it English as the people of this Kingdome did theirs with much strugling in Edward the third time as appeares by that remarkable statute of the 36. Ed. 3. chap. 15. printed in the following discourse page 12● yet they shall be fettered with this bondage that their ent eyes proces and procedings sha●l be in Lattin and that in such a hand that not one lattin scholler in twenty shall reade them and if any follow the command of God to teach the people the understanding of their Lawes O cry the knaves and tyrants like Bishop Gardiner in the book of Marters open this doore and we are all destroyed and therfore by any meanes suppresse all such schooles as Henry the third did those schooles that were in his dayes set up to teach the people the knowledge of Magna Charta as Sir Edward Cook well declares ●n the 3. page of his proeme to his 2. part instit●tes And therefore it is that those makke bate firebrand Lawyers in the House of Commons have bin so transendently active to burne and ●ruth in peeces all such honest and just petitions as have desired our lawes and proceepings therein may be put into a short plain and easie to be understood method in the English tongu yea an have made it their study to grinde to powder the promoters of all such iust honest petition as they and their accomplisses lately did in Mr. Iohn Wildmans case and mine and indeed to speak truly without feare they are the grand supporters of all corrupt interests in the Kingdome that make it their study to keepe the people in bondage and vassolage and therefore O ye Commons of Enland as one man cry out by petition speedily to the Parliament to throw them all out of the House as unsavery salt never to sit there any more unlesse as assistance who I will maintaine it with my life have been and still are for the preservation of their owne corrupt interest no small instruments in the by past and present subversion of our liberties and occasion of the blood shed and late warre in the Kingdome and the main hinderers of the granting setling and accomplishing of those many just and righteous things that hath so often bin petitioned for to the Parliament though hitherto all in vaine O therefore cry and cry mightily against them as the vermine of the House and Common-wealth But because I have longed and still doe to have

have forthwith granted unto him a writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same writ shall issue in open Court and shall then likewise certifie the true cause of his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine or determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon doe what to iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Justice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved his trebble dammages to be recovered by such meanes and in such manner as is formerly in this Act limitted and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend only to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches of Wales and before the President and Councell in the Northern parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court And to all Courts of like Jurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the warrants and Directions of the Councell-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majestie his Heires or Successours in their own person or by the Lords and others of the Privie Councell and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have to offended shall be sued or impleaded for the same within of two yeares at the most after such time wherein the said offence shall be committed Anno XVII Caroli Regis An Act for the declaring unlawfull and void the late proceedings touching Ship money and for the vacating of all Records and Processe concerning the same VVHereas divers Writs of late time issued under the Great Seal of England commonly called Shipwrits for the charging of the Ports Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for his Majesties service And whereas upon the execution of the same Writs and Returnes of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Processe hath bin thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said Ships and in especiall in Easter Tearm in the thirteenth yeare of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriffe of BVCKINGHAM-SHIRE against IOHN HAMDEN Esquire to appeare and shew cause why hee should not be charged with a certain summe so assessed upon him upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adiourned the same case into the Exchequer Chamber where it was solemnly argued divers dayes and at length it was there agreed by the greater part of all the Justi●es of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled that the said Iohn Hambden should be charged with the said summe so as aforesaid assessed on him The maine grounds and reasons of the said Iustices and Barons which so agreed being that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger the King might by writ under the Great Seale of England command all his Subiects of this his Kingdom at their charge to provide and furnish such number of Ships with Men Victualls and Munition and for such time as the King should think sit for the defence and safegard of the Kingdome from such danger and perill and that by Law the King might compell the doing thereof in case of refusall or refractarinesse and that the King is the sole Iudge both of the danger and when and how the same is to be prevented avoided according to which grounds reasons a● the Iustices of the said courts of Kings Bench Cōmon Pleas the said Barons of the Exchequer having bin formerly consulted with by his Majestis command had set their hands to an extraiudiciall opinion expressed to the same purpose which opinion with their names thereunto was also by his Maiesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber and according to the said agreement of the said Iustices and Barons judgement was given by the Barons of the Exchequer that the said IOHN HAMPDEN should be charged with the said summe so assessed on him And whereas some other Actions and Processe depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called SHIPWRITS all which Writs and proceedings as aforesaid were VTTERLY against the Law of the Land Be it therefore declared and enacted by the Kings most Excellent Maiestie and the Lords and Commons in this present Parliament assembled and by the authority of the same That the said charge imposed upon the Subiect for the providing and furnishing of Ships commonly called Ship-money and the said extraiudiciall opinion of the said Iustices and Barons and the said Writs and every of

we will in no sort abridge for the excellency thereof but referre you to the fountaines themselves Hereupon it appeareth that the common Warant or Mittimus to answer to such things as shall be obiected against him is utterly against Law Now as the Mittimus must containe the cause so the conclusion must be according to law viz. The Prisoner safely to be kept untill he be delivered by due order of Law and not untill be that made it shall give order or the like John Lilburne Ianuary 1647. I had here an intent largely to have insisted upon the Lords tyrannicall exercise of their illegall usurpations upon divers of the free Commons of England besides my self whom they have most Arbitrarily and tyrannically without all shaddow of Law saving the lawlesse unlimitted tyranny of their own meer unbounded wills and pleasures sent unto severall Gaole● in this Kingdome but because my time hath been exceedingly prevented and my intention frustrated by those late stormes and ungrounded fluttering bellowing whirl-wind tempests that hath lately been most falsely uniustly and maliciously raised against me by an English Tertullus Orator called Mr. Marsterson the false and lying Sepheard of Shoreditch neer London whose impeachment of me at the Lords and Commons Barre of designing the destruction and overthrow of the present Parliament although it hath made a great ecchoing and note in the Kingdome I no more valew then a blast of wind but let malice it self in all its hight doe the worst it can Yet I say by these new stormes I have been a little diverted from my purpose in fully painting the Lords at present and therefore because I judg it more then time to have this discourse abroad I shall suspend the full execution of my intentions till my late speeches at the House of Commons barre come to the publique view where I have drawn their Pictures as lively I beleeve as any picture drawer in England ever did And therefore I shall only at present confusedly fill up this spare paper and I shall begin with my proposition which I sent to the Speaker of the House of Commons which he caused to be read in their House and which verbatum thus followeth The Proposition of Lievt Col. John Lilburne prerogative prisoner in the Tower of London made unto the Lords and Commons assembled at Westminster and to the whole Kingdome of England Octob. 2. 1647. I Grant the House of Lords according to the Statute of the 14. Ed. 3. chap 5. to have in law a iurisdiction for redressing of grivances either upon illegall delayes or illegall iudgement given in any of the Courts at Westminster Hall provided they have the Kings particular Commission therefore and all other the legall Punctilloes contained in that Statute which jurisdiction and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap 8. and 31. Eliz. chap. 1. But I positively deny that the House of Lords by the known and declared Law of England have any originall Jurisdiction over any Commoner of England whatsoever either for life 〈◊〉 liberty or estate which is the only and alone thing in controversie betwixt them and me And this position I will in a publique assembly or before both Houses in law debate with any 40. Lawyers in England that are practisers of the Law and I will be content the Lords shall chuse them every man and i● after I have said for my self what I can that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England give it under their hands against me I will give over my present contest with the Lords and surrender my self up to the punishment and sentence of the present Lords and Commons Provided at this debate I may have 6. or 10. of my own friends present to take in writing all that passeth thereupon Witnesse my hand and seale in the presence of divers witnesses in the Tower of London this 2. of October 1647. Iohn Lilburne And to conclude this book I shall only add a breviate of my grand Plea against the Lords as I delivered it to the House of Commons in half a sheet of paper the 11 Nov. which thus followeth