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land_n say_a seize_v tenement_n 3,145 5 11.2504 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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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before your Lordships in Parliament to answer such things as I am charged with before your Lordships touching a Booke called by your Warrant a Pamphlet intituled the Iust mans Iustification or a Letter by way of Plea in Barre My Lords I tould your Messenger Mr. Bakers sonne that your Lorships had dealt friendly honourably and fairely with me in my apprehension in my late businesse being in a legall and Parliamentary way transacted first by the House of Commons and so brought before your Lordships which did lye as a tye upon my spirit by way of Obligation and now I would repay it in laying aside so far at present my priviledge as I am a Commoner of England as in obedience to your summons salvo jure to appeare at your Barre although as J told him your Lordships by Magna Charta and the Law of this Kingdome have nothing to doe with me being a Commoner in any judiciall way to try me in a criminall cause either for life limb liberties or estate which is now the present case betwixt your Lordships and me as appeares by your own summons and this I desired your messenger to tell your honours must of necessity be my plea at your Barr. But that it may appeare that I do nothing headily or rashly either in contempt of your just rights and powers which I desire you may long enioy alwaies provided you endeavour not my ruin and destruction with them neither out of any desire in the least to contest with you which in me to doe I acknowledge would argue abundance of ingratitude it being my principle to do to others as I would be done to myself and as much as in me lyes to endeavour to live in peace with all men But to be robbed of my life or give way to be made a slave to any whomsoever either by a voluntary giving up or in silent suffering to be taken from me my native naturall just legall and hereditary freedomes and liberties I am resolved rather to undergo all extremities hazards miseries and deaths which possibly the wit of man can devise or his power and tirany inflict And therefore my Lords you being Peeres as you are called merely made by prerogative and never intrusted or impowred by the Commons of England the originall and fountaine of Power Magna Charta the English mans legall birth right and inheritance so often bought and redemed with such great seas of blood and milions of money hath justly rationally and well provided that your Lordships shall not sit in judgment or passe sentence in Criminall causes upon any Commoner of England either for life limbe liberty or estate but that all Commoners in such cases shall be tryed only by their Peeres and equalls that is to say their fellow Commoners as is amply and effectually declared in the 29. ch of that great Charter which previledge immunity cannot justly be taken away from the free Commoners of England by any power whatsoever on Earth without a better and larger given in the roome of it for all betrusted powers must and ought to be for the good of the trusters Book decl Pag. 150. And this Charter in al ages hath in an especiall manner been maintained preserved and defended by our Progenitors and in a speciall manner confirmed by 5. of Edward 3. ch 9 the words be these that no man from henceforth shall be attached by any accusation nor fore-judged of life nor limb nor his land Tenements goods or chattles seised upon otherwise then by the forme of the great Charter which is further confirmed by the said King in the 25. of his Raigne ch 4. and by the petition of Right-made in the third yeare of this present King and the Act made for the abolishing the Star-chamber c. made this present Parliament therefore my Lords as a free Commoner of England I doe here at your open Barre protest against all your present procedings against me in this pretended Criminall cause as unjust and against the tenor and forme of the great Charter which all of you have sworn unviolably to observe and caused the Commons of England to doe the same And therefore my Lords I doe hereby declare and am resolved as in duty bound to God my selfe Country and posterity to maintaine my legall liberties to the last drop of my blood against all opposers whatsoever having so often in the field c. advenrured my life therefore and doe therfore from you and your Barre as incrochers and usurping Judges appeale to the Barre and tribunall of my competent proper and legall triers and Judges the Commons of England assembled in Parliament in testimony whereof to these presents I have set my hand and seal this present eleventh day of June 1646. JOHN LILBVRNE And being not long without the Gentleman vsher came civelly to me and told me I must put off my sword and give it to some of my friends for I must go a prisoner to Newgate so desiring to see my Commitment and to have a coppy of it before I stird to go I had it accordingly which thus followeth Die Iovis 11. Iune 1646. IT is this day Ordered by the Lords in Parliament assembled that Lievtenant Colonell Iohn Lilburne shall stand committed to the Prison of Newgate for exhibiting to this house a scandalous and contemptuous Paper it being delivered by himselfe at the Barre this day that the Keeper of the said Prison shall keepe him in safely untill the pleasure of this House be further signified and this to be a sufficient Warrant in that behalfe Ioh. Brown Cler. Parl. To the Gentleman Vsher of this House or his Deputy to be delivered to the Keeper of Newgate My usage to me semes very strange that for doing my duty in a just way to bring Col. King to condigne punishment I should be so t●st and tumbled as I am by his meanes that per Iure ought to dye for his offence or at least by Law should be in durance till he receive his just doom clapt formerly by the heeles as in my epistle to Iudge Reeve is justly declared and lately at Kings suite arrested upon an action of two thousand pounds and brought into Court that have nothing to doe with the businesse it being dependant in Parliament and there tyed up to such rules formallities and Puntillo's as all the reason I have cannot understand and then for writing my Plea threatned and told by the Judge himselfe I had forever undone my selfe by endeavouring to root up by the roots the fundamentall law of England by which I enjoy my life and all that I can call mine though as I told his Lordship although he were a Judge yet under his Lordships favour I conceived he was in an error I having not in the least medled with any fundamentall known or visible Law of England For the Law that I medled withall was meerly and onely an invisible uncertain and unknown Law that resided in the Oracle of his