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A88152 To the chosen and betrusted knights, citizens, and burgesses, assembled in the High and Supream Court of Parliament The humble petition of Elizabeth Lilburne, wife to Leut. Coll: Iohn Liliburne, who hath been for above eleven weeks by past, most unjustly divorced from him, by the House of Lords, their tyrannicall officers, against the law of God, and (as she conceives) the law of the land. Lilburne, Elizabeth. 1646 (1646) Wing L2077; Thomason 669.f.10[86]; ESTC R210632 5,443 1

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their medling with it All which was wanting in the case of your Petitioners Husband being begun and ended by themselves alone and also seeing that by the 29. of Magna Charta your Petitioners husband or any other Commoner whatsoever in criminall cases are not to be tryed otherwise then by their Peers which Sir Edward Cook in his Exposition of Magna Charta which book is printed by your own speciall authority saith is meant Equals folio 28. In which saith he folio 29 are comprised Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees but no Lords And in pag 46 he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he Lands or livelihood or of his liberties or free customes that is of such franchesses and freedomes and free customes as belong to him by his free birth-right unlesse it be by the lawfull judgment that is Verdict of his Equals that is saith he of men of his own condition Or by the Law of the Land that is to speake it once for all by the due course and prosses of Law And saith he No man shall be in any sort destroyed unlesse it be by the Verdict and judgment of his Peers that is Equals or by the Law of the Land And the Lords themselves in old time did truly confesse that for them to give judgment of a Commoner in a criminall case is contrary to Law as is cleer by the Parliaments record in the case of Sir Simon de Bertford 4. Ed. 3. Rot. 2. the Copie of which is still in the hands of M. Henry Martin And they there record it that his case who was condemned by them for murthering King Edward 2. shall not be drawn in future time into president because it was contrary to law they being not his Peers that is his Equals And forasmuch as the manner of their proceedings was contrary to all the formall waies of the Law publikely established by Parliament in this Kingdome as appeares by severall Statutes o which expresly say that none shall be imprisoned nor put out of his free-hold nor of his frencheses nor free Customes unlesse it be by the law of the Land And that none shall be taken by Petition or Suggestion made to the King or to his Counsell unlesse it be by endictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done indue manner or by procees made by writ originall at the Common-Law Which Statutes are Nominally and expresly confirmed by the Petition of right by the act made this present Parliament for the abollishing the Star-Chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the lords like those wicked Justices spoken of by Sir Edward Cooke in stead of trying her husband by the Law of the Land proceed against him by a partiall tryall flowing from their Arbitrary will pleasure and discression For though they summoned him up to their bar Iune 10. 1646. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to New-gate June 11. 1646. although he behaved himselfe then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like-Interogatories and for delivering his legall Protestation There mittimus being as illegall as their summoning of him and their other proceedings with him There commitment running To be kept their not till he be delivered by due course of Law but DURING THEIR PLEASURE which Sir Edward Cook saith is illegall q and then locked up close that so he might be in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the Law and to admit him to your Bar himselfe to plead his own cause if you be not satisfied in the manner of his proceedings or else according to Law justice and that duty and obligation that lieth upon forthwith to release him from his unjust imprisonment and to restrain and prohibit the illegall and arbitrary proceedings of the lords according to that sufficient power enstated upon you for the enabling you faithfully to discharge the trust reposed in you and to vacuate this his illegall sentence and fine and to give him just and honourable repairations from the Lords and all those that have unjustly executed their unjust commands It being a rule in law and a Maxim mad use of by your selves in your Declaration 2. 1642. r That the Kings illegall commands though accompanied with his presence doe not excuse those that obey them much lesse the Lords with which the Law accordeth And so was resolved by the Iudges 16. Henr. 6 s And that you will legally and judicially examine the Crimes of the Earle of Manchester and Col. King which the Petitioners husband and others have so often complained to you off and do examplary justice upon them according to their deserts or else according to Law and justice punish those if any that have falsly complained of them And that you would without further delay give us relief by doing us Iustice All which she the rather earnestly desireth because his imprisonment in the Tower is extraordinary chargeable and insupportable Although by right and the custome of that place his fees chamber and diet ought to be allowed him and paid out of the treasure of the Crowne he having wasted and spent himselfe with almost six yeares attendance and expectation upon your honovrs for justice and repairations against his barbarous sentence c. of the Star-Chamber to his extraordinary charge and dammage and yet never received a penny and also lost divers hundreds of pounds the yeare he was a prisoner in Oxford Castle for you neither can he receive his Arrears for his faithfull service with the Earle of Manchester although he spent with him much of his own mony And the last year by the unadvised means of some Members of this Honourable House was committed prisoner for aboue 3. moneths to his extraordinary charges and expences and yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned for which according to law and justice he ought to receive reparations but he never yet had a penny all which particulars being considered do render the condition of your Petitioner her husband and children to be very nigh ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour and conscience cannot be denyed her And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the Kingdome according to the GREAT TRUST reposed in you and so free your selves from giving cause to be judged men that seeke your selves more then the publique good Elizabeth Lilburne a Coll. of decle pag 264 336. 382 508 613. 705. 711. 716 721 724 725 726 729. 730. b coli decl. page 361 ●63 protestation and covenant c coli decler. pag 81 172 262 266 267 340 459. 462 471 473 588 690. d col decler p. 464 490. 750 e coll. declar pag. 214. f coli decler p. pag. 666. g Ier. 22. 15 16 17. h col decler. page 666. 673. i col decler. p. 264 281 494. 497. 654 694 696. k col decler. p. 7. 38 140 845 l pag 660. m Magna Charta 29. Sir E. Cook 2. part institutes folio 28 29. 46. Rot. 2. Ed. 3. n col decler. 6 7. 8. o 5. Ed. 3. 9. 25. Ed. 3. 4. 37 Ed. 3. 8. 38. Ed. 3. 9. 42 Ed. 3. 3. 17. Ri. 2. 6. Rot. parli 43. Ed 3. Sir Io Alees case Num 21 22 23 c. lib. 10. fol. 74. in case dela marshalsea see Cook 2 part insti fol. 46. q 2. part insti fol. 52 53. p 2. part insti. 5. 1. r col decle p. 723. s See Cook 2. part Insti. fol. 187.