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A88219 London's liberty in chains discovered. And, published by Lieutenant Colonell John Lilburn, prisoner in the Tower of London, Octob. 1646.; London's liberty in chains discovered. Part 1 Lilburne, John, 1614?-1657.; Lilburne, Elizabeth. To the chosen and betrusted knights, citizens and burgesses, assembled in the high and supream court of Parliament.; England and Wales. Parliament. 1646 (1646) Wing L2139; Thomason E359_17; Thomason E359_18; ESTC R9983 57,117 77

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Londons Liberty In Chains discovered AND Published by Lieutenant Golonell JOHN LILBURN prisoner in the Tower of London Octob. 1646. JER 22.15.16.17 Shalt thou reign because thou closest thy selfe in Cedar Did not thy Father eat and drinke and doe judgement and justice and then it was well with him He judged the cause of the poore and needy then it was well with him was not this to know me saith the Lord But thine eyes and thine heart are not but for thy covetousnesse and for to shed innocent blood and for oppression and violence to doe it Therefore thus saith the Lord concerning Iehoiakim the sonne of Iosiah King of Iudah They shall not lament for him saying Ah my brother or ah my sister they shall not lament for him Ah Lord or ah his glory IT is to be obsebserved That the illegall election of great Ministers and Officers for the administration and execution of Justice and where the people have been and are deprived of this their just right and liberty there have ever all act●ons and practises of injustice and oppressions abounded Freedome and Liberty being the onely Jewels in esteem with the Commonalty as a thing most pretious unto them and meriting that men should expose themselves to all danger for the preservation and defence thereof against all tyranny and oppression of what nature and condition soever For prevention therefore of these mischiefes and miseries which through evill government of magistrates by their injustice and other oppressive practices doe usually fall upon Kingdomes and Cities And for that all lawfull powers reside in the people for whose good welfare and happinesse all government and just policies were ordained And forasmuch as that government which is violent and forced not respecting the good of the common people but onely the will of the commander may be properly called Tyranny the people having in all well ordered and constituted Comon-wealths reserved to themselves the right and free election of the greatest Ministers and Officers of State Now although the tyranny whereby a City or State oppresseth her people may for the present seem to be more moderate then that of one man yet in many things it is more intollerable And it will clearly appeare that the miseries wherewith a Tyrant loadeth his people cannot bee so heavy as the burthens imposed by a cruell City Therefore all free Cities lest their government should become a tyranny and their Governours through ambition and misgovernment take liberty to oppresse and inslave the people to their lusts and wils have in their first Constitutions provided that all their Officers and Magistrates should be elective By Votes and Approbation of the free people of each City and no longer to continue then a yeare as the Annuall Consuls in Rome By which moderation of Government the people have still preserved their ancient Liberty enjoyed peace honour and accord and have thereby avoyded those calamities incident to people subjected to the Lawes and Arbitrary Dominion of their insulting Lords and Magistrates or Masters of all which this Honorable Citie and Metropolis of this Kingdome upon the first erecting of this Island into a Monarchy or Kingdome by that valiant wise and victorious Prince Alfrede who first freed the Land from under the Danish yoke and slavery under which it had a long time groaned did with the approbation of their King and States then assembled in Parliament for their well-being and more peaceable good government agree and by a perpetuall law ordaine That all their Governours and Magistrates should be Annuall and Elective by the free votes of the free men of the Citie Then and Yet called by the Names of Barons and Burgesses of London as appeares by their generall Charters of Confirmation of their Liberties by severall Princes before and since the Conquest although in processe of times their Titles and Names of their Offices bee changed yet the power and right of election still remains and ought to continue in the body of Commonalty and not in any particular or select persons of any Company or Brotherhood whatsoever And for illustration and more cleare manifestation hereof I need none other Evidence or Proofe then the Charter of King John granted to the Citizens before the Incorporation of any Company The first Company that was incorporate about the yeare of our Lord 1327. being more then an hundred yeares after the date and grant of the aforesaid Charter which hath been since by sundry Kings and Parliaments confirmed Their Charter I have here set down at large which compared with the Protestation will make good your right and Justifie your claime to vote In electing the Major of this Citie The Charter IOhannes Dei gratia Rex Angliae Dom. Hiberniae Dux Norman Aquitania Comes Anjou Archiepisc Episcop Abbatis Com. Baron Justic Vic. Prapositis omnibus Ballivis fidelib suic Salutem Sciatis nos concessisse praesenti Charta nostra confirmassa Baronibus nostris de London quod eligant sibi Majorem de seipsis singulis annis qui nobis sit fidelis discre●us idoneus ad regimen Civitatis ita quod cum electus fuerit nobis vel Justic nostro si praesentes non fuerimus praesentetur nobis Juret fidelitatem quod liceat eis ipsum in fine Anni amovere alium substituere si voluerunt vel eundem retinere Ita tamen quod nobis ostendatur idem vel Justic nostr si praesentes non fuerimus Concessimus etiam eisdem Baronibus nostris hac Charta nostra confirmavimus quod habeant bene in pace quiete integre omnes libertates suas quibus hactenus usi sunt tam in Civitate quam extra tam in terris quam aquis omnibus aliis locis Salva nobis Chamblengeria nostra Quare volumus firmiter praecipimus quod praedicti Barones nostri Civitatis nostrae London eligant sibi Majorem singulis Annis de seipsis praedicto modo quod omnes praedictas Libertates c. bene in pace habeant sicut praedict c. Testibus c. Anno regni decimo sexto JOHN by the grace of God King of England Lord of Ireland Duke of Normandy Aquitain and Earl of Anjeou To his Arch-Bishops Bishops Abbots Earls Barons Justices Sheriffes Stewards and all his Bayliffes and faithfull Subjects greeting Know ye rhat We have granted and by this present Charter have confirmed to our Barons of London That they may chuse to themselves every year a Ma●o● of themselves who is faithfull to Us being discreet and fit for government of the City So that when he shall be chosen he be presented to Vs or to Our Justice if We be not present and swear to Us fidelity and that it may be lawfull for them at the end of the Year to remove him and and appoint another or retain him if they please yet so as the same be shewed to Us or to Our Justice if Wee bee not present Moreover We have granted
750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Coll. declar p. 214. 67. And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conform your selves to the will of God f f Col. decla p. 666. which is to doe justice and g g Ier. 22. ●5 16 17. right and secure the Persons Estates and Liberties of all that joyned with you h h Col. declar 666. 673. imprecating the judgements of heaven to fall upon you when you decline from these ends * * Col. Declar. 4 you judging it the greatest scandall that can be laid upon you that you either doe or intend to subvert the Lawes Liberties and Freedoms of the people i i Col. decla p 264 281 494. 497. 654 694 696. Which Freedoms c. you your selves call The cōmon Birth-right of English-men k k col declar p. 738 14845. who are born equally free and to whom the law of the land is an equall inheritance And therefore your confesse in your Declaration of 23. Octob. 1642. l l Pag. 660. It is your duty to use your best endevours that the meanest of the Commonalty may enjoy their own birth-right freedome and liberty of the lawes of the land being equally as you say intiteld thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with confidence to make her humble addresse to you and to put you in mind that her husband above 2 moneths agoe made his formall and legall appeal to you against the injustice and usurpation of the Lords acted upon him which you received read committed and promised him justice in But as yet no report is made of his busines nor any relief or actuall justice holden out unto him although you have since found time to passe the Compositions and pardons for the infranchising of those that your selves have declared Traytors and Enemies to the kingdome which is no small cause of sorrow to your Petitioner and many others that her h●sband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted and disregarded by you as though you had forgot the duty you owe to the kingdome and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673 which neglect hath hastned the almost utter ruine of of your Petitioner her husband and small children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by Law are none of his Judges m m Magna ●harta 29 Sir ● Cook 2. 〈◊〉 Instit fol. 28 ●9 Rot. 2. Ed. 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber doore or to come into the prison-yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much complained of by your selves in your Petition and Remonstrance to the King 1. Decemb. 1641. n n col declar 6 7 8. and digested and abhorred there by you as actions and cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of these that have the least spark of Christianity Honour or justice in their breasts And then while they thus tyrannized over your Petitioners husband they command as your Petitioner is Informed Mr. Sergeant Finch Mr. Hearne Mr. Haile and Mr. Glover to draw up a charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and Conscience dealt worse with him then ever the Star-Chamber did not only in keeping his Lawyers from him but even all manner of Councellors and Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authority over him to heare his charge read where he found the Earle of Manchester his professed enemy and the onely party of a Lord concerned in the businesse to bee his chiefe Judge contrary to that just Maxime of law That no man ought to be both party and judge a practice which the unjust Star-chamber it selfe in the dayes of its tyranny did blush at and refuse to practice as was often seen in the Lord Coventries case c. And without any regard to the Earle of Man hesters imment in your House of treachery to his Countrey by Lieu. Gen. Cromwel which is commoely reported to bee punctually and fully proved and a charge of a higher nature then the Earle of Straffords for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Iudge And a great wrong and injustice it is unto the kingdome to permit him and to himselfe if innocent not to have had a legall triall ere this to his justification or condemnation And besides all this because your Petitioners husband stood to his apeale to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitra●ily illegally and tyrannically sentenced your Petitioners said husband to pay 4000.l to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie seven yeares a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claime themselves to bee a House of Peeres have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14 Ed. 3. 5. which are delayes of justice or error in judgement in inferior Courts onely and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgment and an expresse Comission from the King for their medling with it All which was wāting 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 husbād or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peeres which Sir Ed. Cook in his exposition of Magna Charta which book is