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A88190 The grand plea of Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, against the present tyrannicall House of Lords, which he delivered before an open committee of the House of Commons, the twenteth day of October, 1647. where Mr. Iohn Maynard the lawyer had the chaire. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2112; Thomason E411_21; ESTC R202731 16,502 16

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the House of Lords or some other of my adversaries that I am now falen from and forsaken my first principals and would have neither law nor government yet I doe with abundance of confidence avere it that I am not if I know my own heart changed or falen from my first principles in the least but that the Lords themselves are the true apostates and that they are the men that in their constant practizes now of late yeares strongly endeavour to destroy all law and government and to set up in themselves an absolute arbitrary Tyranie worse then either Starre Chamber Councell Table or High commission or all three of them put all together in one which I doubt not but in my following plea to make as apparant to this Committee as the Sun that shines at noone day for which end I desire this Committee to take notice in the first place That the Lords doe not sit in their House by any power or authority derived from the peoples free election and choice who cannot in justice reason and equitie be bound but by their own free consents neither in reason iustice or equity can any be law-makers to them that are not thereunto justly impowred by them which the House of Lords are not in the least but are meerly and altogether the creatures of the King made by his prerogative some times of the basest and corruptest of the people being the meere issue of his will sitting by his command who himselfe in referrence to the bodies and estates of the people is lymitted and bounded by the law 1. As for instance by the 29 th of Magna Charta the King himselfe cannot imprison any man nor dispossesse him of his freehold liber●ies or free customes or outlaw him exile him or any otherwise destroy him but by due processe of law according to the law of the Land neither can he sell deny or deferre to any man either justice or right 2. And by the Statute of the 2 Edward 3 8 and 14 Edwaard 3 14 and 11 R. 2. 10 the King is tyed that he shal not hinder disturbe nor delay common right and justice according to the Law of the Land by any command under the great Seale or the little Seale neither by any letters of his Signet or privy seale and if he shall send any such commands the Judges notwithstanding shall and ought to goe on to execute the Law in every point as if any such command had never been 3. And by the Petition of right made in the 3.d of the present King all those lawes and liberties are not only confirmed but it is there inacted and fully declared that no man be adjudged or condemned but by the lawes already established and declared and that all the Administrators of the lawes of England and all other of the Kings ministers shall serve him and the Kingdome according to the declared lawes thereof and not otherwise 4. And in the acts that abolished Shipmoney and abolished the Star Chamber and rectiffeth the Councell Board all and every the particulars of the said Petition of right is not only confirmed but it is inacted further that neither his Majesty nor his privie Councell have or ought to have any jurisdiction power or ●…er authority by English Bill Petition Articles libells or any other arbitrarie way whatsoever to examine or draw into question determine or dispose of the Lands Tenements heredetaments goods or chattels of any the subjects of this Kingdome but that the same ought to be tryed and determined in the ordinary Courts of justice and by the ordinary courses of law which last clause is extraordinary pertinent to my purpose that the ordinarie Courts of iustice and the ordinary Courts of the law are to be tryers of all causes and differences betwixt partie and partie And in that act there is a remedie provided for any man that shal illegally suffer imprisonment or hereafter be committed or restrained of his libertie by the command or warrant of the King himselfe his heires or successors in their own person yea and the Kings oath that he takes when he is made King recorded 1. part booke decla page 712 713 714. tyes him to govourn his people according to the established Lawes and to preserve unto them their liberties and freedomes Now Sir if the King the creator of the Lords be thus restrained by Law as he is that he shall not doe to the freemen of England what he pleaseth nor exercise an arbitrarie tyranicall illegall power over their bodies or estates It is impossible for him to give unto the Lords the exercise of an arbitrarie tyranicall illegall power over their lives liberties or estates for it is a maxime in nature there is no being beyond the power of being neither I am confident are they able to produce any soled testimonie that he ever gave them any such power And though I grant that the King to the iudges gives such a power as he can not nor doth not in his own person execute 〈◊〉 I say that it is alwayes a power not flowing from his owne will but lim●…ted by the Law by which he is authorized so to doe by acts of Parliament and I am sure by the words of the writt by which he summond them to sit in Parliament as I find it printed in a late printed book called the manner of holding Parliaments pag. which writt is the foundation and roote of their power all the power that is given them by that writt is to come to the Parliament to confer and treat with the King or afford their councell of certaine hard urgent affaires concerning the King the State and defence of the Kingdome of England and the Church therof But my pretended offence touching none of these things but at the most is meerely an action or offence tryable at common Law Cooks 5. part reports delibellis Famosis and besides the Lords about me had no conferrence nor treatie with the King their prorogative fountaine as by their writt of summons which is the foundation and ground of their power they ought to have And therefore the Lords not only by the common law but by their own law and principles had not the least ground to pretend to a power or jurisdiction in the least of my cause 2ly I am summond by the Lords Warrant to come to their Barre and to answer such things as I stand charged with before their Lordships concerning a pamphlet intitulled the iust mans iustification Now Mr Maynard admit that that pamphlet as they call it were mine and full of scandals in the highest nature yet lybells and scandalum magnatum is not to be tryed by the House of Lords but is to be tryed only now the Starchamber is downe by an action at the common law as appeares by the 5. part of Cookes reports Page 125. and the 13. Hen. 7. Kelay 11. Eliz. Dier 285. and 30. assis Pla. 19. all which is fully confirmed by your own words in your