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A88237 A preparative to an hue and cry after Sir Arthur Haslerig, (a late Member of the forcibly dissolved House of Commons, and now the present wicked, bloody, and tyrannicall governor of Newcastle upon Tine) for his severall ways attempting to murder, and by base plots, conspiracies and false witnesse to take away the life of Lieutenant Colonel John Lilburn now prisoner in the Tower of London: as also for his felonious robbing the said Lieut Col. John Lilburn of betwixt 24 and 2500 l. by the meer power of his own will, ... In which action alone, he the said Haslerig hath outstript the Earl of Strafford, in traiterously subverting the fundamentall liberties of England, ... and better and more justly deserves to die therefore, then ever the Earl of Strafford did ... by which tyrannicall actions the said Haslerig is become a polecat, a fox, and a wolf, ... and may and ought to be knockt on the head therefore, ... / All which the said Lieutenant Col. John Lilburn hath cleerly and evidently evinced in his following epistle of the 18 of August 1649, to his uncle George Lilburn Esquire of Sunderland, in the county of Durham. Lilburne, John, 1614?-1657. 1649 (1649) Wing L2162; Thomason E573_16; ESTC R12119 55,497 45

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A PREPARATIVE TO AN HUE AND CRY AFTER Sir ARTHUR HASLERIG A late Member of the FORCIBLY DISSOLVED House of Commons and now the present wicked bloody and tyrannicall Governor of Newcastle upon Tine For his severall ways attempting to MURDER and by base plots conspiracies and false Witnesse to take away the life of Lieutenant Colonel JOHN LILBVRN now Prisoner in the Tower of London As also for his felonious Rob●ing the said Lieut Col. JOHN LILBVRN of betwixt 24 and 2500 l. by the meer power of his own will without ever fixing any reall or pretended crime upon the said Lieutenant Col. or so much as affording him any formall proceedings though upon a paper Petition IN WHICH ACTION ALONE he the s●i● HASLERIG hath outstript the Earl of STRAFFORD in traiterously sulverting the fundamentall Liberties of England and in time of Peace exercising an arbitrary and tyrannicall Government OVER AND ABOVE LAW and better and more justly deserves to die therefore then ever the Earl of STRAFFORD did especially considering he was one of his Judges that for such actions condemned him to lose his head as a Traytor by which tyrannicall actions the said HASLERIG is become a Polecat a Fox and a Wolf as a subverter and destroyer of humane society and may and ought to be knockt on the head therefore by the very words of Solicitor St. JOHN's own doctrine against the said Earl of Strafford All which the said Lieutenant Col. JOHN LILBURN hath cleerly and evidently evinced in his following Epistle of the 18 of August 1649 to his Uncle GEORGE LILBURN ESQUIRE OF SUNDERLAND in the County of Durham Isa 1.14 Your new Moons and your appointed Feasts my soul hateth they are a trouble to me I am weary to bear them Vers 15. And when you spread forth your hands I will hide mine eyes from you yea when you make many prayers I will not hear your hands are full of blood Honoured Sir YOurs of the 2 present from Durham about Sir Arthur Hoslerig and my Money I have received In answer unto which I cannot chuse but acquaint you that the Law of England is the Birth ●●ght and Inheritance of the people of England yea of the meanest as well as 〈◊〉 richest 1 Part Parliaments Book of Declarat pag. 459. 660. And though the Law of England be not so good and so exact in every particular especially manifestly proved First that before indictment the goods or other things of any offendor cannot be searched inventoried or in any sort seised nor after judgement seised and removed or taken away before conviction or Attainder Secondly That the begging of the goods or state of any delinquent accused or indicted of any Treason felony or any other offence before he be convicted and attainted is utterly unlawfull because before conviction or attainder as hath been said nothing is forfeited to the King nor grantable by him and besides it either makes the prosecution against the delinquent more precipitate violent and undue then the quiet and equall proceeding of law and justice would (*) See notably to this purpose in the 2 p. instit fol. 48. permit or else by some underhand composition and agreement stop and hinder the due course of justice for exemplary punishment of the offender And lastly when the Delinquent is begged it discourageth both Judge Juror and Witnesse to do their duty Therefore saith he there let such as beg the delinquent and prosecute against him be terrified by the villanous judgment against conspirators which you may read before cap. 1. Judgment and execution fol. 122. as also fol. 143 163 164. and 1 par fol. 269. and 2 par fol. 130. 237 238. 562. which are most excellent peeces and well worth the reading Therefore considering what is before expressed I cannnot but wonder upon what (*) Peruse carefully I intreat you the quotations in the 6 and 8 pages of my forementioned impeachment of high Treason against Cromwel as also the 12 and 15 pages of the 2 edition of my forementioned Book dated the 8 of June 1649. Intituled The Legall fundamentall liberties c. pretence Sir Arthur Haslerig Col. George Fenwick and the rest of their Committee at Newcastle can seize upon my estate in the hands of Sir Henry Belli●gham and Master Thomas Bowes and stopping my rents du●●rom Sir Henry Gibs his hands to the full value of betwixt twenty four and twenty five hundred pounds For first though the late Parliament in the height of wars a little outstript the bounds and rules of the law as themselves confesse in their notabl Declaration of the 17 of Apr. 1646. printed in the 2 part of the Book of Declarations pag. 879 in sequestring of mens estates in another manner and forme the law requires delinquents estates to be seised upon because their persons by reason of the raging of the sword could not be come by nor were all the Courts of Justice open nor the wants of the common-wealth to maintaine the wars could not well permit so great delays as the regular course of the law requires which when the wars are over as in England now they are they promise to amend and to proceed according to the forme of the law as fully appeares in their last forementioned Declaration add severall others as particularly the Declaration of this present Juncto against Kingship Dated the 17 of March 1648. Yet I am sure by the Parliaments own Ordinances no man in times of wars ought to be sequestred till it be judicially upon Oath proved that he hath been in arms against them all voluntarily contributed horse mony or plate to the King against them none of all which in the least can be so much as be pretended against me or ever was and therefore no cause to pretend to deal with me as with a Cavalier Delinquent in the least and therefore if I have transgressed I must upon their own principles he dealt with according to law and the forme thereof And therefore I have not tra●sgressed the law but am an innocent man clearly appears by their own particular dealing with me in that they never let me see either Prosecutor Informer or witnesse agai●st me nor never shewed me my Indictment Charge or impeachment no nor so much as face to face ever laid any manner of crime to my charge See my narrative of their originall wicked Tyrannicall dealing with me laid down in my Second Edition of the picture of the Councel of State in the ●6 pag. of which the Copy of their mittimus is recorded which yet layes no (*) And their warrants since for my close imprisonment runs thus without any cause or crime expressed in them Die Mercurij 9 of May 1649. Ordered by the Commons assembled in Parliament that there be restraint upon all persons from comming to Lieu Col. John Lilburne M. Thomas Prince M. William Walwin and M. Richard Overton except their wives and children and necessary servants Hen. Scobel Cler. Parlie and