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A88189 The free-mans freedom vindicated. Or A true relation of the cause and manner of Lievt. Col. Iohn Lilburns present imprisonment in Newgate, being thereunto arbitrarily and illegally committed, by the House of Peeres, Iune 11. 1646. for his delivering in, at their open barre, under his hand and seal, his protestation, against their incroaching upon the common liberties of all the commons of England, in endeavouring to try him, a commoner of England, in a criminall cause, contrary to the expresse tenour and forme of the 29. chap. of the great charter of England, and for making his legall and iust appeal to his competent, propper and legal tryers and judges, the Commons of England, in Parliament assembled.; Free-mans freedome vindicated. Lilburne, John, 1614?-1657. 1646 (1646) Wing L2111; Thomason E341_12; ESTC R200906 12,654 12

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under his hand and seale as also his appeal to your Honours his competent proper and legall Tryers and Iudges a true Coppy of which is hereunto annexed for which alone they committed your Petitioner to Newgate prison as appeares by the Coppy of their commitment hereunto annexed all which your Petitioner humbly conceives tends to the disfranchizing him of his just liberties and freedomes and so to the making him a slave and to the violation of their own Oathes and Covenants and to the utter subversion and alteration of the fundamentall Lawes and government of this Kingdome for the preservation of which so much blood and treasure hath already been spent Your Petitioner therefore as a free-man of England who to his knowledge never did any act that deserveth the forfeiting of his birth-right humbly appealleth to your honourable Bar and Justice as his proper competent legall tryers and Iudges and humbly prayeth For asmuch as he is a free Commoner of England and ought not to be proceeded against nor his liberties and freedomes to be taken from him in any arbitrary or extra-judiciall way And for that their Lordships have no power nor jurisdiction according to the Law and constitutions of this Kingdome to try and adjudge any free Commoner thereof for any criminall causes whatsoever concerning life limb liberty or estate And for that your Petitioner is imprisoned contrary to the form and tenour of the great Charter of England and therefore altogether illegall and meerly arbitrary That your Honours will be pleased according to your unparaleld Declaration of the 17th of April last whereby is set forth that you will not exercise nor suffer to be exercised by any other any arbitrary power but that you will provide for the safety and weal of the People the primitive end of all government according to the great trust reposed in you and committed to you by your Im powrers the Commons of England you will take your Petitioner into your protection and not suffer him any longer to be kept in prison and spoyled of his Franchizes and liberties but according to the said Charter of liberties your Protestations Oaths and Declarations the lawes and Statutes of this Kingdome he may freely be inlarged out of prison and restored to his just libertie with iust reparations for his damages for the great wrongs done unto him by his reproachfull imprisonment in the infamous prison of Newgate and the vindication and freeing of the whole Kingdome according to their long and iust expectation from the like usurpation and incroachments of their iust rights and privledges and your Petitioner shall ever be ready to spend his life for you and his Countries iust liberties and in obedience to all iust authority to answer any Charge when the same shall be in a legall way brought against him And your Petitioner as in duty bound shall ever pray to God to enable you to go on to finish and perfect the great things expected from you according to the trust reposed in you JOHN LILBVRNE Newgate Iune 16. 1646. A Postscript containing a generall Proposition GOD the absolute Soveraign Lord and King of all things in heaven and earth the originall fountain and cause of all causes who is circumscribed governed and limited by no rules but doth all things meerly and onely by his soveraign will and unlimited good pleasure who made the world and all things therein for his own glory and who by his own will and pleasure gave man his meer creature the soveraignty under himselfe over all the rest of his Creatures Gen. 1.26.28.29 and indued him with a rationall soule or understanding and thereby created him after his own image Gen. 1.26.27 and 9.6 the first of which was Adam a male or man made out of the dust or clay out of whose side was taken a Rib which by the soveraign and absolute mighty creating power of God was made a female or Woman cal'd Eve which two are the earthly original fountain as begetters and bringers forth of all and every particular and individuall man and woman that ever breathed in the world since who are and were by nature all equall and alike in power digniy authority and majesty none of them having by nature any authority dominion or majesteriall power one over or above another neither have they or can they exercise any but meerely by institution or donation that is to say by mutuall agreement or consent given derived or assumed by mutuall consent and agreement for the good benefit and comfort each of other and not for the mischiefe hurt or damage of any it being unnaturall irrationall sinfull wicked and unjust for any man or men whatsoever to part with so much of their power as shall enable any of their Parliament men Commissioners Trustees deputies Viceroys Ministers Officers or servants to destroy and undoe them therewith And unnaturall irrationall sinfull wicked unjust divelish and tyranicall it is for any man whatsoever spirituall or temporall Cleargy-man or Lay-man to appropriate and assume unto himselfe a power authority and jurisdiction to rule govern or raign over any sort of men in the world without their free consent and whosoever doth it whether Cleargy-man or any other whatsoever doe thereby as much as in them lyes endeavour to appropriate assume unto themselves the Office and soveraignty of God who alone doth and is to rule by his will and pleasure and to be like their Creator which was the sinne of the Devils who not being content with their first station but would be like God for which sin they were thrown down into hell reserved in everlasting chaines under darknes unto the judgement of the great day Iude ver 6. And Adams sin it was which brought the curse upon him and all his posterity that he was not content with the station and condition that God created him in but did aspire unto a better and more excellent namely to be like his Creator which proved his ruin yea and indeed had been the everlasting ruin and destruction of him and all his had not God been the more mercifull unto him in the promised Messiah Gen. Chap. 3. From my Cock-loft in the Presse yard Newgate Iune 19. 1646. per me Iohn Lilburne Curteous Countrymen to fill up this vacant place I shall desire thee to reade the words of the Declaration of the House of Commons published 27. Ianu. 1641. which you shall find in the 41. pag. of the booke of Declarations thus And this House doth further declare That all such persons as have given any Councell or endeavoured to set or maintain division or dislike between the King and Parliament or have listed their names or otherwise entred into any combination or agreement to be ayding or assisting to any such counsell or endeavour or have perswaded any other so to doe or that shall do any the things above mentioned And shall not forthwith discover the same to either House of Parliament or the Speaker of either of the said Houses respectively and disclaime it are declared Publique Enemies of the State and Peace of this Kingdome and shall be inquired of and proceeded against accordingly Secondly the three Votes of both Houses May 20. 1642. which you shall find in the book of Declarations pa. 259. Resolved upon the Question 1 That it appeares That the King seduced by wicked Counsell Intends to make Warre against the Parliament who in all their consultations and actions have proposed no other end unto themselves but the care of His Kingdoms and the performance of all duty and loyalty to His Person Resolved upon the Question 2. That whensoever the King makes Warre upon the Parliament it is a breach of the trust reposed in Him by His people contrary to His Oath and tending to the dissolution of this Government Resolved upon the Question 3. That Whosoever shall serve or assist Him in such Warres are Traitors by the Fundamentall Lawes of this Kingdome and have been so adjudged by two Acts of Parliament and ought to suffer as Traitors 11. Rich. 2. 1. Hen. 4. Joh Browne Cler. Parliament 3. The Declaration of both Houses in pa. 576. in these words Whereas the King c. 4. The words in their Declaration for the vindication of Ferdinando Lord Fairfax as you shall find pa. 914. in these words The said Lords c. FINIS
THE FREE-MANS FREEDOME VINDICATED OR A true Relation of the cause and manner of Lievt Col. Iohn Lilburns present imprisonment in Newgate being thereunto arbitrarily and Illegally committed by the House of Peeres Iune 11. 1646. for his delivering in at their open Barre under his Hand and Seal his PROTESTATION against their incroaching upon the Common Liberties of all the Commons of England in endeavouring to try him a Commoner of England in a criminall cause contrary to the expresse tennour and forme of the 29. Chap. of the great Charter of England and for making his legall and iust appeal to his competent propper and legal Tryers and Judges the Commons of England in PARLIAMENT assembled TRue bred Englishmen that have a life to lay down for the defence of your just Liberties and Freedomes for to such alone J direct my speech against all incroachers destroyers and usurpers thereof be they what they will be I desire to let you understand that I your Countryman amongst many others have imbarqued all that I have in this world in this one vessell cal'd the good Ship of good Hope sayling in the troublesome Seas of England bound for the long desired Port called the safe injoyment of Englands liberties and freedomes the direct roade tending thereunto is the path of Iustice without the sayling in which roade it is forever impossible to arive there And therefore fearing my Venture should lately miscarry I tooke upon me the bouldnesse to write an Epistle to Judge Reeve one of Englands Pilots which hath occasioned a desperate Storm to arise against me in particular though there be nothing but wholsome and sound advice therein contained And perceiving by my late being with the Judge that it was not well taken nor likely to provide for my safety against Col. Edward King one of Englands rotten members and branches fit for nothing but to be cut off out of Englands pleasant and fruitfull Vineyard I thereupon writ further instructions to my Atturney to draw up my Plea which thus followeth To his faithfull and much respected friend and Attorney Mr. George Ingram at his Chamber in Cliffords Inne these Sir IN the cause wherein Colonell Edward King is plantive against me in an action for pretended words spoken by me again him I entertained you to be my Atturny whereupon you appeared for me and received Kings declaration the last Tearme to which I am now to plead I desire you therefore to plead to the same that the said Edward King long before the pretēded words alleadged by the declaration to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne accused and charged before the Honourable House of Commons of high Treason for his betraying the towne of Crowland unto the Enemy as by the fourth Article of the said charge whereunto reference being had will appeare And by the twelf Article of the said charge the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy which is adjudged to be high Treason Rot. Parl. 7. Richard 2. Num. 38. 39. 40. And for further plea that the said charge was before this action brought and yet is still depending and only examinable and triable in Parliament neither is the said Colonell King yet acquited or tried for the same besides plead also that I am a witnesse so the proofe of the said Charge and so not compellable to make further answer or othe plea then this untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way This I hope the Court will accept and approve of for a satisfactory and plenary answer and plea to his declaration which you may draw up in forme as you shall find cause whereunto I doe Authorize you and for this pleading this shall be your warrant and discharge this I thought good to doe for the preventing of any colourable advantage Colonell King might seeme to have or any waies take through my neglect or for want of a warrant to you to plead to his declaration a judgment should passe for him against me by default I have written to Master Justice Reeve setting forth the true state of the cause a printed coppy I left at his house for him which I perceive he hath perused another I send you here inclosed whereby you may be the better informed and inabled to draw up my plea and what you shall doe herein according to this warrant I shall allow in testimony whereof to this my warrant I have subscribed my hand and set to my seale this ninth day of June 1646. and rest Your affectionate and faithfull friend JOHN LILBVRNE Sir if you think fit to shew this to Judge Reeve or any other I shall approve of it Being moved out of mature consideration to give him these instructions because as J told him if J should plead in a formall way to the Plea guilty or not guilty I should thereby be the beginner of a dangerous president of destructive consequence to the wholl Kingdome because that if a man intrusted did turn traytor and a company of honest men did endeavour according to their duty and to avoid the grievous sinne of perjury did endeavour to bring him to condigne punishment for his treason for that end referred Artickles of high treason in Parliament against him with their names to them and they by reason of many publicke businesses by reason of the warres in distractions of the Kingdome cannot conveniently for halfe a yeare a yeare or more try and adjudge the busines the traytor or accused person being a crafty fellow full of ill gotten money and corrupt Alies and because that his tryall is delayed he picks quarrels against his just prosecuters and arests them in actions of 2. or 3000 l. at the Common Law for calling him as really he is traytor and tosseth and tumbleth them yea and it may be by an unjust Puntillo in Law brings them unto unavoidable ruine by Common Law which principally is inherent in the oracles of ●rr●ng Iudges breasts who it may be two houres before he passeth sentence is not resolved what to decree for Law and so by this meanes every honest man that complaines of a knave or traytor in the Parliament or is a party interested in making good the charge against him may by such wayes and meanes by reason of delay in iudgement which is not his fault be brought by his cunning adversary into the Common Law Bryers as I am by King who ought by Law to be in Prison fast by the heeles and so all honest men forever discouraged in such a cause to complain of such transgressours let them act treason against the State universall and representative and do what they will and this is just my case with Col. Ed. King as by my printed letter to Iudge Reeve I have truly clearly declared But by my foresaid instructions sent to