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A88192 An hue-and cry after the fundamental lawes and liberties of England occasionally written upon the stealing of one of the grand assertors of them out of Newgate, by a party of men on horseback, pretending themselves to be souldiers, raised and paid by the people of England (not for the subversion,) but the preservation of the said lawes and liberties, &c. Together with some queries, and brief resolves, touching the present state of things, written for the consolation of the saints now reigning. By a well-wisher to the saints now reigning on earth, had they had the patience to have staid till the people had chose them, or that Christ the King of Saints above --- had setled the government upon them. Lilburne, John, 1614?-1657. 1653 (1653) Wing L2113; Thomason E714_1; ESTC R207238 6,088 8

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An Hue-and Cry AFTER THE Fundamental LAWES and Liberties OF ENGLAND Occasionally written upon the stealing of one of the grand Assertors of Them out of Newgate by a Party of men on horseback pretending themselves to be Souldiers raised and paid by the People of England not for the Subversion but the preservation of the said Lawes and Liberties c. Together with some Queries and brief Resolves touching the present state of Things Written for the consolation of the Saints now reigning By a Well-wisher to the Saints now reigning on earth had they had the patience to have staid till the People had chose them or that Christ the King of Saints above had setled the Government upon them Europe Printed in a year of Melodius Discord To the Tune of the Cross and the Harp when the Servants are Princes and the Masters are Slaves A Hu-and Cry after the fundamental Laws and Liberties of England c. YOU are immediatly upon sight hereof to make your ●epair to all suspected places within your several Limits in Jurisdictions and there to mak● diligent search and enquiry after a Cabinet of Jewels o● inestimable worth and value which hath been purchased with the Blood and Treasure of our Ancestors and not only ●o but within these 12 years it hath cost this Nation many millions of Treasure besides the lives of some hundreds of thousands of English men whom the world to succeeding Ages will admire for their gallantry in the several Battels and Co●fl●cts during the late Destroy in intestine wars in defence of the said Jewels heretofore called and known by the Fundamentall Laws and Liberties of England part of which Laws and Native Rights are contained in Magna Charta and the Petition of Right the excellency of which Law might English-men enjoy the benefit of them as all along this War they have been promised would make English men the happiest Nation in the world notwithstanding there are many essentiall things concerning the Priviledges and Immunities of the good people of England which is not contained in the said Magna Charta and Petition of Right yet so excellent are those things contained in those Laws that were the people suffered to enjoy which is their Right by Law then would England be the freest people in the world This is mentioned because the said Laws were ratified and confirmed by divers Kings of this Nation and in particular by the late King Charles whom the late Parliament put to death for a Tyrant for violating the said Laws thereby degenerating from a King into a Tyrant as all Supream Magistrates do that cease to rule by known Laws and Rules meerly by his Arbytrary Will and Power And here by the way it would be enquired whether the Name of a King can make the people Slaves or whether the Name of a Parliament though legally chosen make the people free seeing that Parl. that are legally called to the Supream Trust may betray their Trust and so degenerate into Tyrants aswell as Kings and so the Tyranny be more absolute and more evil then that of Kings considering that Evil or Tyranny in a Community is worse then Vnity because that it cannot in Reason be imagined that one man can possibly contrive so absolute a Tyranny as where there is a Spirit of Tyranny working in a considerable number of persons in a body c. And therefore in your search and inquiry you are to take diligent notice whether any person or persons being the peoples servants viz. being declared by themselves the Parl. of the Commonwealth of England whether they have by themselves or their Substitutes at any time since their coming to the management of supream Trust any way violated or endeavoured to violate any of the said Priviledges or Immunities belonging to the good people of England One special Pearl belonging to the said Cabinet bear these words No free man shal be taken ●r imprisoned or be disseized of his freehold or liberty or free Customs or be out-lawed or exiled or any wayes destroyed or be past upon or any way dealt with but by the Judgment of his Peers that is by a Jury of 12 sworn men of the Neighborhood No man from henceforth shall be attached by any Accusation nor fore-judged of his life limb nor his Lands Tenements Goods Chattels into the Kings or Parliaments hands against the Form of the great Charter and the Law of the Land c. From henceforth no man shal be taken by Petition or suggestion made either to King or Parl. unless it be by Indictment or presentment of good and lawful men where such Deeds be done in due manner or by process made by Writ Original at the Common-Law Nor that none be put out of his Franchises or Freehold unless he be duly brought in to answer and judged of the same by the Law And if any thing be done contrary to this Statute it shall he holden for nothing Herein may be cleerly discovered the Supremacy and Excellency of the Law of England wherein is enacted commanded and confirmed That whatsoever should be done contrary to the Law shall be of no force Nay further No man of what estate or condition soever he be shall be put out of Land Tenement or taken or imprisoned or dis-inherited or put to death without being called to answer by due process of Law By these and many other such marks and badges of Liberty you may see in the Cabinet And because it is more then strongly suspected that some Grandees pretending to Honesty and to common Right and Freedom and upon and by means of the said publike pretences have inlarged their possessions by the Ruines of the Publique I say it is upon good grounds suspected that some of the said Grandees are guilty of endeavouring the subversion of the said Laws and Liberties of England and instead thereof to introduce an Arbytrary Government And therefore it is thought fit to leave you and all the good people of England these following Instructions for your ease and benefit in your said search and Enquiry In the first place you are to consider the case of Mr. John Lilburn Gentleman what manner of proceedings hath been had against him since these publique Liberty-pretending Times viz. Since the Parliament was broken a pieces by Col. Pride by advice and consent of the General and Councel of Officers meerly pretending that Necessity had constrained them to take that course they knowing no other way to secure the peoples Rights Now if you look as you ought to do upon Mr. Lilburn's Case as the Case of every free born English man you will find that the people of England never in the worst of Times received the like wounds in their Laws and Liberties as they have done since the said Purge first Then you may consider the cause of his late Banishment which was nothing but for doing what in him lay by Advice to right a Gentleman greatly wrong'd in his estate which in any English