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land_n pound_n value_n yearly_a 1,858 5 10.5680 5 true
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A88246 The resolved mans resolution, to maintain with the last drop of his heart blood, his civill liberties and freedomes, granted unto him by the good, just, and honest declared lawes of England, (his native country) and never to sit still, so long as he hath a tongue to speake, or a hand to write, til he hath either necessitated his adversaries, the house of Lords, and their arbitrary associates in the house of Commons, either to doe him justice and right, by delivering him from his causelesse and illegall imprisonment, and out unto him, legall and ample reparations, for all his unjust sufferings or else send him to Tyburne: of which he is not afraid, and doubteth not if they doe it, but at and by his death, to doe them (Sampson like) more mischief, then he did them all his life. All which is expressed and declared in the following epistle, written by Lieut. Coll. John Lilburne, prerogative prisoner in the Tower of London, to a true friend of his, a citizen thereof, Aprill 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2174; Thomason E387_4; ESTC R201493 61,516 44

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highest nature and to punish him or them that is not in the hundred degree so guilty and yet this is my case where if here I could not defend my selfe although I believe I should be able to give them good store of strong and pulling reasons which now I will not communicate to you but yet they would goe one and presse me to plead to the indictment I should desire to see and know whether or no my Iury of twelve men of my equalls were all legall men or no yea and something more besides And in the first place if I were indicted for treason I might by law except against 35. Jury men without tendering any reason for it see the 32. H. 6. folio 26. ●4 H. 7. folio 19. Stam. Pleas Crowne folio 158. Cockes 3. part Institutes folio 24. and 27. and then I might except against so many as I could declare bore me a particular mallice * See 28 E. 3.13 ● H. 6.29 for pre-judgement is a good challenge by the law for the common law of the land i● that a Iury man must be in different and impartiall before he be sworne see Stanfords Pleat of the Crowne lib. 3. folio 158. and Britt●n in his discourse of the lawes of the Land folio 12. and 25. l. 3. chap. 3 12. Ass plea. 30. Br● Challenge 42 101.120.142.1●6 And so within the compasse of malicions men against me would come all the Presbyterians that have taken the League and Covenant in the second Article of which b●d●●● part fol. 415. they have iliegally and unjustly sworne to destroy and extirpate all Heretique●● one of which they iudge me to be because I will not take that ilegall Oath nor be conformable to their Scotch Antichristian Presbytery and so have sworne to destroy me before I be legally convicted which is wicked and unlawfull For a man bound by an Oath before to doe that which he is to doe upon the indictment evidence and proofe thereof is partiall and not in different see Cookers pare institutes libr. 1. chap. 12. sect 234. pag. 156. who saith expresly I ●ers must be me● without all exceptions And by the Statutes of 2. H. 5.3 and ● H. 6.19 It is inacted that ●o person shall be admitted to passe in any inquest or Iury upon tryall of the de●th of a man or i● any inquest betwixt p●●ty or party in Plea reall nor in plea personall whereof the debt or the dam●age declared amount to forty makes if the same person or Jurer have not lands or tenements of the year●ly va●● of forty shillings alwayes provided that the party to be tryed doe make his challenge And by the Statute of 17. Eliz chap. 6. It is inacted that is all cases where any l●rers to be returned for tryall of any issue or issues ioyned in the Kings be●ch Common pleas and the Exchequer or before 〈◊〉 isg●ates of Assize shall every one of them have estate of free holdin lands I e●iments or Heredi●●ments to the yearly value of 4. l. at the least and the Sheriffe or other Ministers unto whom the me●ing of the Pa●nell shall appertaine shall not returne many such pannell any person unlesse be ●●y dispend foure pound by the yeare at the least of free hold out of ●●●ient demesue within the County where the issue is to be tryed upon paine to forfeit for every person so returned in any such p●●●ll that cannot dispend 4. l. free hold 20 s. It is true that by the Statute of the 33. H 8.13 it is in●cted That every person and persons being the Kings naturall Subject borne which either by the name of a Cuizen or of a froe 〈◊〉 or a●● other name doth inioy and use the liberties and priv●ledge of any City Burrough or T●●●●●porate where be dwelleth and m●k●th his abode being worth in moveable goods and substance to the cleare value of 40 l be from henceforth admitted in tryall of m●rthers and●el●nies in every 〈◊〉 and Gaole delivery kept and holden in and for the liberty of such Cities ●urrought and Town●●●● p●rate albeit they have no frethold provided alway that this act doe not extendin any 〈◊〉 of wise to any Knight or Esquire dwelling abidi●g or resorting in or to any such City c. And I by vertue of having been à Lieutenant Colonel ●m an Esquire as may easily be proved one of the Herauld of Armes Office and therefore in what place soever I am or shall be tryed 〈◊〉 lawfully make ●y exceptions against every man of my lury that is not worth in free land 〈◊〉 ●lper annum And besides if none of these will doe me good I have this last remedy that I am con●ident I shall legally and fully prove any charge whatever that in that booke I lay upon the Parliament in generall or any member of it in particular if I may from them injoy the benefit of the law and then I pray what doe they gaine or I loose by owning and arowing the 〈◊〉 booke But if you thinke that by owning of my booke they are thereby so exasperated that I 〈◊〉 the hazard of being destroyed by them by an act of power and will to which I answer by that law neither you no● any man in England is safe but liable to be destroyed at their pleasure jo● the lesser part of themselves are liable by that law every houre to be destroyed by the Vo●● of the Major part and then the Major part are liable every houre to be destroyed for acompany of Tyrants and forsworne perjured men for●re king all their Oaths which they have taken is ●antaine the law of the Kingdome and l●ke absolute Tyrants have made their will a law by any company or multitude of men stronger then themselves which if they should goe this way to work they would every houre be justly in feare of but if they should be so farre be stuped and b●fo●ted as to run the hazard of their owne deserved ruine by destroying me by an act of power is cold blood by the law of their owne will I for my owne particular should be no loose● by ●y translation from an earthly death to an eternall life and therefore I feare not their malice nor care not a straw for the worst they can doe to 〈◊〉 being notwithstanding the feare of your selfe and other of my friends resolved so to provoke them that they shall either be necessitated forced out of meer fear or shame to do me justice right by making hearing my report now in the hands of slugg●s● Mr. Henry Martin whose pris●ner principally I n●w a● judging my case and setting me free at liberty and giving me legall reparations for my illegall and unjust sufferings ●relse out of meere madnesse surie and revenge to send me to Ryturne to be ●id of me of which I am not in the least afraid and doubt not but if God should so ●orsake them and the Devil ●o fure lead them as there to hang me but at and