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A88212 The legall fundamentall liberties of the people of England revived, asserted, and vindicated. Or, an epistle written the eighth day of June 1649, by Lieut. Colonel John Lilburn (arbitrary and aristocratical prisoner in the Tower of London) to Mr. William Lenthall Speaker to the remainder of those few knights, citizens, and burgesses that Col. Thomas Pride at his late purge thought convenient to leave sitting at Westminster ... who ... pretendedly stile themselves ... the Parliament of England, intrusted and authorised by the consent of all the people thereof, whose representatives by election ... they are; although they are never able to produce one bit of a law, or any piece of a commission to prove, that all the people of England, ... authorised Thomas Pride, ... to chuse them a Parliament, as indeed he hath de facto done by this pretended mock-Parliament: and therefore it cannot properly be called the nations or peoples Parliament, but Col. Pride's and his associates, whose really it is; who, although they have beheaded the King for a tyrant, yet walk in his oppressingest steps, if not worse and higher. Lilburne, John, 1614?-1657.; Lenthall, William, 1591-1662. 1649 (1649) Wing L2131; Thomason E560_14; ESTC P1297; ESTC R204531 104,077 84

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the People can never come justly within the Parliaments cognizance to destroy which the Generall and the chief of his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedom gon through with is a thing the Generall and the chiefest of his Councel as much hates as they do honesty justice and righteousnesse which they long since abandoned against which in their own spirits they are absolutely resolved I do verily beleeve to spend their heart blouds and not to leave a man breathing in English air if possibly they can that throughly and resolutely prosecutes it a new and just Parliament being more dreadful to them then the great day of Judgement spoken so much of in the Scripture And although they have beheaded the King yet I am confidently perswaded their enmity is such at the Peoples Liberties that they would sooner run the hazard of letting the Prince in to reign in his Fathers stead then further really a just Agreement or endure the sight of a new Parliament rightly constituted Secondly It s plain to me out of their words That they positively aver that their Agreement was presented to the Parliament before ours was published in print which I must and do here tell both the 〈…〉 Councel is the arrantest lie and falshood under the cope of he●ven for I have truely before declared and will justifie it with my life that ours 〈…〉 printed above thirty dayes before theirs was presented yea it was printed before theirs was half perfected But it is no wonder when men t●●n their backs of God of a good conscience of righteousnesse and common hon●●y amongst men and make lies and falshoods oppression and bloody cruelty their sole confidence and refuge that then they say or swear any thing all which if the Generall and his Councel had not done they would have scorned and abhorred in the face of the Sun to have affirmed and printed so many lies as in their foregoing words is literally without wresting contained Thirdly They positively hint our dissatisfaction was taken at them for presenting theirs to the Parliament which is also as false as the former 〈◊〉 1. Our dissatisfaction was above a month before declared in their open Councel by my self c. as Sir Hardresse Waller and divers others of them 〈◊〉 but justifie 2. Our dissatisfaction was long before taken upon the grounds by me before specified the manifestations of which dissatisfaction I presented to the Generals own hands the 28 of December 1648 acco●●●●● and subscribed with my own name and fifteen more of my Co●●●es i● behalf of our selves and all our friends that sent us which we also ●●●●●ately caused to be printed And their Agreement as th●●itle of it decl●●● was not presented till the 20 of Jan. after Fourthly They say VVe used all possible means to make ours passe 〈…〉 how little successe they say is very well known If they mean we used all p●ssible means to make ours passe with them it 's true but the reason i● 〈…〉 better effect was because they had no minde to it it was too ho●●ct for 〈◊〉 and I am sure in the very Epistle to it it is declarared That the 〈◊〉 reason of the printing of it is that the people might have ●● opport●●ity 〈…〉 the equitie of it and offer their reasons against any thing therein 〈…〉 And 〈◊〉 was all the means after the printing of it we used to make it passe A●●●e we knew the Armies swords were longer then ours and would by force ●● in pieces all our endeavours that we should use against their minds and 〈◊〉 by reason of the peoples cowardlinesse and therefore we let ours rest and were willing to sit still to see them perfect theirs and never did any thing in it since amongst the people to make it passe that I know of Fifthly They say VVe were troubled at their doing their d●ty in 〈◊〉 to authority and ow●ing the Parliament a● the Supr●m● Authoritie of the 〈◊〉 When as alas it is as visible as the Sun when it shines in its glory and splendour That CORAH DATHAN and ABIRAM of old were never such Rebels against Authoritie as the General and his Councel are 〈…〉 Anabapt●●●s at M●ns●er with JOHN of LEYDON and NEPERDULLION were never more conte●●●ers of Authority nor JACK STRAW nor WAT TILER nor all those faomous men mentioned with a black pen in our Histories and called Rebels and Trayt●rs can never be put in any seale of equ●ll balance for all manner of REBELLIONS and TREASONS 〈◊〉 all sorts and kindes of Magistracy with the Generall and his Councell And I will under take the t●●k upon my life to make good every particular of this I 〈◊〉 say to the G●●●●l's face For did any or all of them 〈◊〉 mentioned 〈…〉 against their Advancers Promotors and C●eators as those have done two severall times Did ever any or all of them chop off without all 〈◊〉 of Law a KING's and NOBLES HEADS r●vish and 〈◊〉 a Parliament twice nay raze the foundation of a Parliament to the ground and under the notion of performing a trust break all Oathes Co●●●●nts Protestations and Declarations and make evidently void all the declared ends of the War which was one of Strafford's principal Treasons and which is notably aggravated against him by M. Pym in his fore-mentioned Speech against him pag. 9. 11. and under pretence of preserving their Laws Liberties and Freedoms destroy annihil●te and tread under their feet all their Laws Liberties Freedoms and Properties although they could cite against S●r●●ord the precedent of Tri●●lian chief Justice who lost his life for delivering of opinions for the subversion of the Law as S. John's Argument of Law against him pag. last but one declares yea and against the Ship-money Judges and also the Precedent of Judg Belknap in King Richard the Second's time who was by the Parliament banished for but subscribing an opinion against Law though forc'd by a dagger held to his brest thereto yea and ci●e also the preced●nt against him which was against Justice Thorp in Edward the Third's time who was by the Parliament condemned to death for bribery the reason of which Judgment they say was because he had broken the Kings Oath that solemn and great Obligation as Mr. Pym ibid. calls it which is the security of the whole Kingdom All which forementioned either with pen or tongue by dispute I wil particularly maintain and make good upon my life publickly before the face of the Kingdom against the stoutest and ablest of their Champions in all their pretended Churches of God either Independent or An●baptistical and that they are altogether unsavoury salt good for nothing but to be abominated and thrown out to the dunghil as fit for nothing but the indignation of God and the peoples wrath And as for their stiling this their own J●●to the supreme Authoritie I know the time not long since when that
it a sacrifice to the Kings fury made me engage against him and others of his Associates with Cromwel who thereunto sollicited me and also threw up my Commission and so his basenesse spoyled a Souldier of me that I could never fight as a Souldier since although Cromwel by himself face to face and by his Agents I am confident of it hath from time to time much and as earnestly solicited me as is possible for a man to be solicited to take up command in Fairfax his Army But no sooner was I by the ears with Manchester who first began with me but Mr Prynn wrote his desperate invective Books against us all that would not be conformable to the Covenant that Cheat and the Scots Presbytery that every thing and nothing and would have bad us all destroyed or banished the Land of our Nativity so in conscience to God and safety to myself and brethren Mr Edmund Roser my present unworthy Antagomst being that my pastor or teacher I was inwardly compelled to deal with him that then sought to destroy the generation of the righteous and accordingly I wrote him a sharp Epistle now in print dated 7 Jan. 1644. which brought upon ●● back a whole sea of troubles and a Vote or Votes in the House of Commons past against me whereupon without any more a doe black Corbet and the Committee of Examinations makes me a Prisoner and tosseth and ●umbleth me to the purpose So before him upon the 13 of June 1645 was I forced of give in my reasons now in print wherefore I wrote that excellent and seasonably Epistle which was the first avowed publick Cannon I know of in England discharged against the then insulting Presbyter for the liberty of the consciences of my present bloudy and malicious persecutors that now stile themselves the Pastours and Leaders of the Churches of God but do indeed and in truth by their unnaturall unchristian and unjust actions deserve no other stile but men fit for nothing but to be the Pastors and Leaders of the Synagague of ●atan The whole story of which contest with Mr Prynn you may read at large in the beginning of my Book called innocency and Truth justified shal I hope my present Adversaries who pretend themselves to be Leaders in the Churches of God will justifie and acquit me from guilt or crime in these contests especially considering that they themselves that now are so violent in hunting after my bloud and the bloud of my Associates in the day of our trouble and calamity now we are under hatches durst then do not thing manlike for themselves but sate in silence like a company of 〈◊〉 without souls or hearts And then before I well got rid of this broyl you your self got the House of Commons the 19 day of July 1645. to fall upon my bones and Vote 〈◊〉 prison I know not wherefore unlesse it were for riding post from Summerset-shire through twenty dangers to bring you the first news of the Lord Gorings 〈◊〉 being routed at Lampert for you never told me other to this hour but yet I was to●●ed by your own means from Hunt your Serjeants hands to the hands of Knight his Deputy and from thence the 9 of August to Newgate by that old Patentee Monopolizer Lawrence Whittaker then Chairman to the Committee of Examination and when you had got me to Newgate then you got your Bull-dogs in the House to bait me to the purpose and also turn'd me over to be araigned at the sessions in Old-hatly and so to be hanged at Tyburn for you appointed Bradshaw your bloody and unjust Lord President Master Seale and Walker c. to prosecute me for my life But after I had sufficiently baited both you and your unjust house you sent me to Newgate a hundred pound in mony I thinke to get me to hold my peace and the 14 of October 1645. most honorably Voted me out of Prison and so your self being my accuser prosecuter and Judge Justified me in this contest the relation of which you may at large read in that notable book called Englands Birth-right and in my Epistle of two sheets of paper in print dated 25. July 1645. but especially in my Large Book 〈◊〉 and called Innocency and Truth Justified and in this contest with you any old acquaintance Doctor Bastwick for whose sake in the Bishops days I underwent more sorrows then is to be found in any ordinary death fell upon me also so that likewise I was faine to contest a little with him but he begunne first And after this viz. upon the 14 day of April 1646. Colonel Edward King arrests me in an Action of 2000 l. at Westminster for calling him Traitor which was only in truth for discharging my duty in prosecuting him for betraying his trust to the Kings Party while he was my Colonel in Lincolnshire and in this contest abundance of your own Ordinances justified me which while I pleaded them in my Epistle to Judg Reeve of the 6 of June 1646 now in Print before whom Kings action were dependent the guilty conscioned Judge grew as angry with me therefore as the Lawyers in Christs time did at him for reproving the hypocrisie of the Scribes and Pharisees although nominally he medled not with them yet their own guilty consciences did inwardly accuse them which made one of them say Master in saying then thou reproachest us also Luke 11. 45. unto whom Christ replyes and saith vers 46. c. Wo unto you also ye Lawyers for ye lade men with burdens grievous to be 〈◊〉 and you yourselves touch not the burthens with one of your fingers Wo unto you for you build the Sepulchers of the Prophets and your Fathers killed them Truly ye bear witnesse that ye allow the deeds of your Fathers for they indeed killed them and you build their Sepulchers Therefore also said the wisdom of God I will send them Prophets and Apostles and some of them they shall slay and persecute That the bloud of all the Prophets which was shed from foundation of the world may be required of this Generation from the bloud of Abel unto the bloud of Zacharias which perished between the Altar and the Temple Verily I say unto you it shall be required of this Generation Woe unto you Lawyers for ye have taken away the key of knowledg ye entred not in your selves and them that were entring in you hindred And accordingly Judge 〈◊〉 being wounded within at the down-right truth of my forementioned Epistle or Plea that lasheth the base and abominable coruptions of him and the rest of his Brother-Judges then and now Administrators of the Law and finding something in it that brands Manchester for an unjust man in his late Generalship who then was Speaker of the House of Pee●s away to him trudgeth the Judge in all post haste with my Book to get him by his power to be revenged of me which he was easily provoked and perswaded too and accordingly the 10
and the ● part Cooks Reports in Dr. Bo●hams case See the Army Book Declarat pag. 35. ●9 61. 63. 143. First therefore let us begin with Common Right and we shall easily see this perpetuall Act is against that For it is against common Right that indebted men as most if not all Parliament men ar● should not pay their debts Or that if any Member of ●●●liament do any of the People of England w●ong as daily they do by unjust and 〈◊〉 r●●●ble 〈◊〉 of him o● them of hi● la●d or disp●ssessing him of his goods 〈…〉 of his fame or doing violence to his person by beating wounding or imprisoning c. that 〈◊〉 sons during their lives by a priviledge of Parliament that was intentionally 〈◊〉 and just in its institution when Parliaments were often and short should be 〈◊〉 and s●●●red from all manner of question at the Law by any parties so wronged by them is absolutely against common Right Nay and more That this should extend 〈◊〉 ●●ltitudes of persons besides that are their servants or attendants and also that any o● all of these shall have the benefit of the Law in any Court of Justice in England at their pleasure against any man whom they shall pretend wrongs them are such trans●●de●● and grievous enormities that common Right abhors and yet this with a thousand 〈◊〉 as much more as bad as these are the fruits of a perpetuall Parliament if they please which tends to the utter destruction of all mens Actions reall personall or mixt who have ●o do with Parliament men as appears expresly by the Statute of Limitations of the a● of James chap. 16. which strictly confines all manner of Suits to be commenced within 〈…〉 after the occasion given Secondly For common Reason Parliaments were ordained and instituted as is before truly and legally declared for remedies to redresse publick and capitall griev●●ces th●● 〈◊〉 where else could be redressed but it is against reason and the very end of the Institution of Parliament that Parliaments should make and create multitudes of publike and insufferable grievances The law of the Land allowes no protection for any ma● i●ployed in the service of the Kingdom but for a yeer at most as to be free from Sui●s and in many Suits none at all howbeit he be in such services But a perpetuall 〈◊〉 may prove a protection in all manner of wickednesse and misdea●●eanours 〈◊〉 against other men not of the Parliament amongst any of whom they may pi●k and chuse whom they please to ruinate and destroy and that no● for a yeer but for ever which is against all manner of Reason or the shadow or likenesse of it And therefore a● 〈◊〉 Sir Henry Vane said against Episcopal Government in the beginning of his larg● 〈◊〉 of the 11 of June 1641 now in print at a Committee for passing the Bill against ●●●●pall Government so say I of an everlasting or of any Parliament that shall do 〈◊〉 you have done in largely sitting beyond the time of your Commission c. That 〈…〉 thing is destructive to the very end for which it should be and was constituted to be 〈…〉 onely so but does the quite contrary as your House in every particular doth cer●ai●ly we have cause sufficient enough to lay it aside and not onely as uselesse in that it 〈…〉 its end But is dangerous in that it destroyes and contradicts its end Thirdly For Imp●ssibilitie The death of th● King in law undisputably dissolves the Parliament spoken of in the foresaid act which is pretended to be perpetu●ll for 〈◊〉 Writ of Summons that is directed to the Sheriffs by vertue of which Parli●●●●● 〈◊〉 are chosen runs in these words King Charles being to have conference and 〈…〉 c upon such a day about or concerning as the words of the T●ie●●●ial Act hath it the high and urgent affairs concerning his Majestie and he writes US the State and the 〈◊〉 of the Kingdom and Church of England But I would fain know how it's possibl● for a Parliament to confer or treat with King CHARLES now he is dead it 's impossible Se● 2 H. 5. Cook in Parl. 3. part And therefore the whole current of the Law of England yea Reason it self from the beginning to the end is expresly That the Kings death doth ipso facto dissolve this Parliament though it had been all the time before 〈◊〉 so intire and unquestionable to that very hour and it must needs be so he being in Law yea and by the authority of this very Parliament st●led the head the begi●●ing and end of Parli●ments See Co●ks 4 part Institutes fol. 1. 3. Mr. Py●●'s for 〈…〉 Stra●●ord pag. 8. S. John's forementioned argument against Strafford pag. 42. And therefore as a Parliament in l●w 〈◊〉 begin without the 〈…〉 in it 〈◊〉 person 〈◊〉 representatives Cook ibid. so 6. so it is pos●●ively 〈◊〉 by his 〈◊〉 〈◊〉 thereby not only the true declared but intended end of their assembling which 〈◊〉 〈◊〉 〈◊〉 and confer with King CHARLES is ceased and thereby a final ●nd is put 〈◊〉 the means that are appointed to attain unto that end And therefore it is as 〈◊〉 for this Parliament or any Parliament to continue as long as they please a● for a Parliament to make King Charles alive again Fourthly For Repugnancy That which is but for a time cannot be affirmed to have continuance for ever it is repugnant but this Parliament in the intention of the makers of the Act was to be but for a time not above a yeer at most after the d●●e of the Act as is before proved and declared from their own words And therefore it cannot be reputed perpetual for there is a repugnancy betwixt them Again The King's Writ that summoned this Parliament is the Basis in law an● Foundation of this Parliament If the Foundation be destroyed the Parliament falls But the Foundation of it in every circumstance thereof is destroyed And therefore the thing built upon that Foundation must needs fall It is both a Maxim● in Law and Reason But if it be objected The Law of Necessity requires the continuance of the Parliament against the letter of the Law I answer First It s necessrry to consider whether the men that would have it continue as long as they please be not those that have created the necessities on purpose that by the colour thereof they may make themselves great and potent and if so then that Objection hath no weight nor by any rules of Justice can they be allowed to gain this advantage by their own fault as to make that a ground of their justification which is a great part of their offence And that it is true in it self is so obviou● to every unbiased knowing eye it needs no illustration but if it shall be denyed by any of their pens if God please to give further opportunity I shall prove it to the full Secondly I answer There can no necessity be pretended that can be