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A88180 England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate. Lilburne, John, 1614?-1657. 1645 (1645) Wing L2102; Thomason E304_17; ESTC R200315 41,349 51

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The PREAMBLE to all the Free-borne People of ENGLAND BRethren and Fellow-Commons God and the world knowes that the well-affected party of this Kingdome discerned by their voluntary aide to the Parliament having tryed all possible and fair means as much as any People for number and power of any Kingdom or Nation ever did by Prayers Assistance Concurrence Attendance Petitions Oblations Informations and Discoveries as well of Treasons as of utter desolations and perceiving themselves now at last to be in a far worse condition both in number and power their Lives and Estates yea and precious time also being so far spent then they were at the first and besides like to loose all and scarcely to have or leave so much as their Lives Lawes or Liberties for a prey And seeing by manifold examples of grievous experience that neither Petitions can be easily accepted justice truely administred the Presses equally opened the cryes of the poor heard the teares of the oppressed considered the sighes of the Prisoners regarded the miseries of the widow and Fatherlesse pittyed nor scarcely any that are in distresse relieved but Lawes any way wrested most of our freedoms restrained Ordinances Protestations Oathes and Covenants slighted the hearts of all Estates King Parliament Priest and People obdured the wicked for the most part absolved the just oftentimes condemned and most of all in Authority perjured not only by breaking that solemne Oath which themselves did make and compelling others to take but neverthelesse by persecuting those who make Conscience to keep it even because they will not break it In deep sad serious and lamentable consideration of all these grievous proceedings and as much by feeling the smart as hearing seeing or knowing the verity thereof chiefly the Opressions taxations Insurrections Rebellions Presecutions Violences Robbeies Sequestrations and Combustions I with my poor one Talent in stead of him that hath Ten out of a dutifull and consciencious love tender and pittifull respect to my Nation now in this her great defection and apparent desolation chiefly for the remnant thereof who mourn in secret both for her great abominations sins desolations and their own particular transgressions and who doubtlesse are marked to escape the fury of Gods fearfull indignation Have used my best endeavours here both to shew the maladies and remedies of this sick swouning bleeding and dying Nation that if God hath not ordained it like Babell to sudden inevitable and utter destruction it may yet be cured and a remnant reserved according to the Lords usuall dealing in all his visitations remembring his tender compassions and mercy even in the midst of his most fearfull judgements and severitie that in despight of Sathan and all his instruments they may doe justice and judgement and praise him in sincerity Farewell ENGLANDS BIRTH-RIGHT Justified Against all Arbitrary Vsurpation whether REGALL or PARLIAMENTARY or under what Vizor soever With divers Queries Observations and Grievances of the People declaring this Parliaments present Proceedings to be directly contrary to those fundamentall Principles whereby their Actions at first were justifyable against the King in their present Illegall dealings with those that have been their best Friends Advancers and Preservers And in other things of high concernment to the Freedom of all the Free-born People of England By a Well-wisher to the just cause for which Lieutenant Col. JOHN LILBVRNE is unjustly imprisoned in New-gate In the 150. page of the Booke called An exact Collection of the Parliaments Remonstrances Declarations c. published by speciall Order of the House of Commons March 24. 1642. we find there a Question answered fit for all men to take notice of in these sad times which followeth Quest NOw in our extreame distractions when forraigne forces threaten and probably are invited and a malignant and Popish party at home offended The Devill hath cast a bone and rais'd a Contestation between the KING and PARLIAMENT touching the MILITIA His Majestie claims the disposing of it to be in Him by the right of Law The Parliament saith Rebus sic stantibus and nolenti Rege the Ordering of it is in them Ans WHich Question may receive its solution hy this distinction That there is in Laws an equitable and a literall sense His Majestie let it be granted is intrusted by Law with the Militia but it is for the good and preservation of the Republick against Forraign Invasions or domestick Rebellions For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves or the Common-wealth that intrusts them to provide for their weal not for their woe So that when there is certaine appearance or grounded suspition that the Letter of the Law shall be improved against the equitie of it that is the publick good whether of the body reall or representative then the Commander going against its equity gives liberty to the Commanded to refuse obedience to the Letter for the Law taken abstract from its originall reason and end is made a shell without a kernell a shadow without a substance and a body without a soul It is the execution of Laws according to their equity and reason which as I may say is the spirit that gives life to Authority the Letter kills Nor need this equity be expressed in the Law being so naturally implyed and supposed in all Laws that are not meerly Imperiall from that Analogie which all bodies Politick hold with the Naturall whence all Government and Governours borrow a proportionable respect And therefore when the Militia of an Army is committed to the Generall it is not with any expresse condition that he shall not turn the mouthes of his Cannons against his own Souldiers for that is so naturally and necessarily implyed that its needlesse to be expressed insomuch as if he did attempt or command such a thing against the nature of his trust and place it did ipso facto estate the Army in a right of Disobedience except we think that obedience binds Men to cut their owne throats or at least their companions And indeed if this distinction be not allowed then the legall and mixt Monarchy is the greatest Tyranny for if Laws invest the King in an absolute power and the Letter be not controlled by the equity then whereas other Kings that are absolute Monarchs and rule by Will and not by Law are Tyrants perforce Those that rule by Law and not by Will have hereby a Tyranny confer'd upon them legally and so the very end of Laws which is to give bounds and limits to the exorbitant wills of Princes is by the laws themselves disappointed for they hereby give corroboration and much more justification to an arbitrary Tyranny by making it legall not assumed which Laws are ordained to crosse not countenance and therefore is the Letter where it seems absolute alwayes to receive qualification from the equity else the foresaid absurdity must follow So farre the Parliaments own words It is confessed by all rationall
poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules which the Lawyers have given the Commons just cause to fear is their present practise with law Cases many of which are besides the Rule of the Statute-law and also against Justice Equity and Conscience tending to no other end but to inslave the People 8. Whether it be not just and equall that seeing Monopolisers were thrown out of the House about Foure yeeres agoe as infringers upon the Common-right of all the free-men of England in setting up Pattents of Soape Salt Lether c. why should not those be partakers of the same justice now that have been chief sticklers in setting up greater Patentees then ever the former were As first the Patent of ingrossing the Preaching of the Word only to such men as weare Black and rough garments to deceive Zech. 13.4 and have had a Cannonicall Ordination from the Bishops and so from the Pope and consequently from the Divell although the Spirit of God doth command every man that hath received a gift to minister the same one to another as good Stewards of the manifold grace of God 1 Pet. 4.10 11. And although ignorance and blindnesse be so universall all over the Kingdome experience teaching that where that most abounds they draw their swords soonest against the Parliament and Common-wealth and so consequently against themselves and continue the longest in their Rebellion as now wee have woefull experience yet these grand Monopolizers will neither goe amongst them themselves nor suffer others without severe punishment to instruct and teach them the Principles of Christianity or Morallity by means of which they become destroyers and murderers of soules and bodies and enemies to the very Civill societies of Mankind The second Monopoly is the Patent of Merchant Adventurers who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade especially that of Cloath and other wollen manufactures ingrossed at present contrary to the law of Nature the law of Nations and the lawes of this Kingdome by a company of private men who stile themselves Merchant Adventurers the first part of which Discourse the second being not yet come out are to be sold by Stephen Bowsell in Popes-head-alley Wool being the stapell Commoditie of the Kingdome and freee by the lawes and Constitutions of the land for all the Free-men of England to trade in 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England that whosoever gives it from them and by any pretended Patent or Authority whatsoever assumes it to themselves are culpable of the greatest of punishments whatsoever as those that are guilty of Robbing the Free men of England of their birth-right and Inheritance and yet the present Farmers of the Custome House and their Associates are guilty of this capital crime for if Naboath would not part with his Vineyard which was his Inheritance to the King although he would have given him as much money as it was worth or a better for it 1 King 21.2 there is no reason why the free men of England should have so great a part of their Birth-right as this is taken from them by force and violence whether they will or no as their multitude of Petitions to the Parliament yet unanswered doe declare The third Monopoly is that insufferable unjust and tyrannical Monopoly of Printing whereby a great company of the very same Malignant fellows that Canterbury and his Malignant party engaged in their Arbitrary Designes against both the Peoples and Parliaments just Priviledges who turning with every winde doe endeavour by all possible means as well now as then to sell and betray the Kingdome for their own gaine are invested with an Arbitrary unlimmitted Power even by a generall Ordinance of Parliament to print divulge and disperse whatsoever Books Pamphlets and Libells they please though they be full of Lyes and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles And not only so but most violently even now in Parliament time which should be like a cryed Faire and each one free to make the best use of their Ware both for the bublick and their own private good to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation and to brand and traduce all such Writers and Writings with the odious termes of Sedition Conspiracie and Treason but to countenance and authorize such as shall calumniate them and so both accept reward such men far better then their most faithfull servants and best advancers just as the Bishops formerly did against both the Scots and the Parliament themselves They doe not rest here neither but are yet further authorized with a generall Ordinance of this very Parliament contrary to all law justice equity and reason under pretence of searching for scandalous Books to call numbers of deboyst men with Smiths and Constables yea and the trained Bands also when they please to assist them and in most bold and tumultuous manner to break open and rifle even the Parliaments owne in all their greatest dangers troubles distresses most faithfull friends Houses Chests Truncks and Drawers and from thence to rob steale and felloniously to carry away such of the Possessors proper goods choice Linnens and best things as they please as well as Books new and old after they have put the owners themselves out of doores and commanded Constables to carry them before a Committee and from thence to Prison Where they may without any consideration rott if they will not either betray both a good Cause and some other of the Parliaments best friends when they had few others or else submit to their unjust lawes besides it is a common thing for such lawlesse men to breake in and search honest mens shops when neither the owners nor any of theirs are present to see what businesse they have there And yet as unjustly as all the rest they doe not onely allow the weekly printing divulging and dispersing of Oxford Aulicus and other Malignant Books and Pamphlets tending to the ruine both of the Kingdome and Parliaments Priviledges but likewise the sending of Printing matterialls to the King whereby to Print down both Power of Parliament and freedome of People All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company as was openly proved to their faces at their publick Hall who therefore like wise men perceiving the Plague afarre off would not goe on still and be punished but most cunningly both to hide themselves and their treachery against the well-affected party and divide their spoile so unjustly obtained by lying in waite for blood they have now procured by
riches increase set not your hearts upon them And 74.19 O deliver not the soul of thy Turtle Dove unto the multitude of the wicked forget not the Congregation of thy poore for ever And 82.3 4 5. Defend the poore and fatherlesse doe justice to the afflicted and needy Deliver the poore and needy rid them out of the band of the wicked they know not neither will they understand they walk on in darknesse all the foundations of the earth are out of course And 92.6 7. A bruitish man knoweth not neither doth a fool understand this When the wicked spring as the grasse and when all the workers of iniquity doe flourish it is that they shall be destroyed for ever And 118.8.9 It is better to trust in the Lord then to put confidence in man It is better to trust in the Lord then to put confidence in Princes And 146.3 Put not your trust in Princes nor in the sonne of man in whom there is no helpe Isaiah 10.1 2 3 4 5 6. Woe unto them that decree unrighteous decrees and write grievous things which they have prescribed To turn aside the need from judgement and to take away the right from the poor of my people that Widdows may be their prey and that they may robbe the fatherlesse And what will ye doe in the day of Visitation and in the desolation which shall come from farre to whom will ye seek for help and where will ye leave your glory Without me they shall bow down under the Prisoners and they shall fall under the slaine for all this his anger is not turned away but his hand is s●retched out still O Assyrian the rod of mine anger and the staffe in their hand is mine indignation I will send him against an hypocriticall Nation and against the people of my wrath I will give him a charge to take the spoile and to take the prey and to tread them downe like the myre in the streets FINIS The chiefe faults escaped in the printing either through the Authours absence or the Correctours negligence In page 4. l. 22. read the last but one of p. 5. l. 2. read and that l. 7. read for the same p. 7. l. 37. r. and justly for hence justly and read may condemne for may not condemne p. 9. l. 20. r. of which you may and l. 32. r. are culpable p. 10. l. 19. r. publick for bublick p. 15. l. 18. r. that call evill good and good evill and adde to the next line Job 14.4 Who can bring a clean thing out of an uncleane not one read 25.4 and Psalm 51.5 p. 16. l. 16. r. to prison without cause shewed and l. 18. r. to force him to commit a crime l. 26. r. and then make for and then to make p. 17. l. 14. r. strengthned for streightned l. p. 37. l. 18. r. suites for suite p. 39. l. 1. r. according to those for according those p. 40. l. 23. r. consider for cnsider p. 43. l. 16. r. If there were for Is there THE POSTSCRIPT Containing divers sentences belonging to severall passages of this Book which were in their due places omitted and here at last remembred ADde to page 16. l. 29. So that first he was committed by Order and Vote of Parliament without cause shewed and then secondly for refusing to answer upon Interrogatories to their Committee of Examinations which is contrary 1. To the Great Charter of England 2. To the very words of the Petition of Right 3. To the act made this present Parliament for abolishing the Star-chamber 4. To the solemne Oath and Protestation of this Kingdome 5. To the great Covenant and Solemne Vow made upon paine of eternall damnation for uniting the two Kingdomes together 6. And most principally of all contrary to the infallible Rules of Gods own most sacred Word which forbids that any man should answer upon questions to accuse condemne and consequently to kill and destroy himself or that any man should be condemned before he be heard And 7. Contrary to all justice equity conscience sense reason the very practise of the Romish Heathens love duty brotherly affection Christianity Reformation Comiseration or Compassion 8. Contrary to the Kingdoms great trust committed by their grand Commission to the Parliament for defending and improving and no wise for destroying nor disannulling their Liberties and so alwayes for the Weale but never for the woe of the Free-men of England otherwise they are not only to be bidden take heed to their injustice but to be called to an account and censured accordingly That in regard the Kingdome is in so pittifull and great distresse and that the most and best things that ever this Parliament did were first motioned by private men and then authorised and established by them it would be excellent and needfull if they would ordaine that every free-man of England who is able would bestow his servico one yeere at least freely for the good of the Civill State in any Place or Office of Trust whereof his skill and breeding doe fit him to be most capable according as they shall be chosen and those who are not able to serve freely for a yeere and to have competent maintenance allowed unto them to the value of 50. or 60 l. a yeere according to their charge if such be chosen for their skill and diligence though they want outward means for which allowance those that are conscienscious will doe as good service at least as some others who have 1000. or 2000. a yeere The like rule is no lesse but rather farre more excellent and needfull to be observed and established in matters concerning the Church-state wherein her servants are to performe their duties freely they being able to maintain themselves and those with them whether by means obtained formerly or industry used daily otherwise to have the like allowance of 50. or 60 l. a yeere according to their charge And that the remainder of all Church-living obtained by the subtilty of Antichrist be n●w wholly imployed to the supply of the Kingdomes manifold present necessities and after the Warres are ended to the payment of the Kingdoms great debts contracted upon the publick faith But if in case that the Clergy or any of them shall not be content with the aforesaid allowance which is sufficient for as honest men that then it might be free for those whom God shall be pleased to fit with sufficient abilities to supply their places freely to the intent it may not be said of them as of the Scribes and Pharisees that they shut up the Kingdome of heaven and will neither enter in themselves nor yet suffer those that would Matth. 23.13 Luk. 14.52 In the Appendix of one of Mr. Prinnes bokes authorized by the Parliament called The Soveraign power of Parliaments and Kingdoms beginning at pag. 1. It is manifested by sundry Histories Authours that in the ancient Roman Kingdome and Empire in the Greek and German Empires derived out of it in the old Grecian Indian Egyptian Realmes in the Kingdome of France Spaine Italy Hungaria Bohemia Denmark Poland Swethland Scotland yea of Judah Israel and others mentioned in the Scripture the supreame Soveraignity and Power resided not in the Emperours and Kings themselves but in their Kingdomes Senates Parliaments People who had not onely power to restrain but censure and remove their Emperours Princes for their tyranny and mis-government Where also there is an answer to the principall Arguments to prove Kings above whole Kingdomes and Parliaments and not questionable nor accountable to them nor censurable by them for any exorbitant actions The 4. page 6. 7. 10. 11. 13. 17. 101. 112. 123. 125. 150. 151. 153. 154. 159. are most excellent for deciding those differences which I referre to the juditious and courteous Reader to peruse at his leisure FINIS Printed Octob. 1645.