them are fully confirmed by that commonly reputed able Lawyer Serjeant John Bradshaw late Lord President of the high Court of Justice against King Charles who in his large Speech to him and against him printed in the second Edition of his Tryal and sold by Peter Cole Francis Tyton and John Playford 1650. from p. 52. to 70. And amongst other passages in p. 55. he hath this That the end of having Kings or any other Governours it is for the enjoying of justice that is the end Now Sir saith he if so be the King will go contrary to that end or any other Governour will go contrary to the end of his Government he must understand that he is but an Officer in trust and he or they ought to discharge that trust and they are to take order for the animadversion and punishment of such an offending Governour And in p. 53. he tells the King That as the Law is his superiour so also he tells him there is something that is superiour to the Law and that is indeed the parent or author of the Law and that is the people of England for Sir as they are those that at the first as other Countries have done did chuse to themselves this form of Government even for Justice sake that justice might be administred that peace might be preserved so that Sir saith he to the King the people gave Laws to Governours according to which they should govern and if those Laws should have proved inconvenient or prejudicial to the Publike the People had a power in them and reserved to themselves to alter them as they shall see cause Secondly such an Act of Parliament as the aforesaid Act of Banishment is not onely against common right common equity and common reason but it is absolutely destructive to the very ends of the peoples Trust conferred upon the Parliament and so the highest of treasons that can be committed And that it is destructive to the ends of the peoples Trust clearly appears by the Statutes of 4 Edw. 3. cap. 14 and 16 Edw. 3.10 which expresly saith that a Parliament at least shall be holden once every yeer and that for the maintenance of the peoples Laws and Liberties and the redress of divers mischiefs and grievances that daily happen And sutable to these things are the ends contained in the Writs that summon them and the intentions of those that chuse the Members and send them And sutable to this is the end of the Parliaments sitting as the present General and his Army in many of their remarkable Declarations have fully declared against the late 11 Members and their accomplices yea and forced the late Parliament to raze out of their books and Records many wicked and unjust things as they judged them to be after the Parliament had solemnly past them as Votes Orders Judgements and Acts yea and endeavoured very earnestly to hang divers of those as Traytors that had executed them as particularly Alderman Adams Alderman Langham Alderman Bunce with the Lord Maior Sir John Gayre and divers others But the greatest grievances and mischiefs in the world are by the aforesaid mischievous and unjust Banishing Act established ratified and confirmed for by it a man is condemned to lose his liberty and estate and the comforts of this life and that without any the least crime committed or accusation exhibited or legal Processes issued out to summon the party to make any defence in the world or ever calling or permitting him to speak one word for himself which is an Act or proceeding against the light and law of Nature Reason the Law of God against the law of Honour Conscience and common Honesty yea a dealing worse with the party then ever the cruel Jews did with Christ or then the bloody butchers Bishop Gardner and Bonner did with the rosted Martyrs in Queen Mary's days who always suffered them to have due processes of Law and to know and see their accusers and to have free liberty to speak for themselves and never condemned them but for transgressing a known and declared law in being Yea also dealing worse with the party then ever the bloody Gunpowder-Traytors were dealt with by King James who always allowed them fair tryals in law from the beginning to the end at the Bar of Justice for their lives Yea it is a worse dealing with the party then ever the Parliament themselves dealt with the bloodiest and most massacring Traytors that ever were in Arms against them to cut their throats Yea the forementioned practice of the foresaid most illegal and unrighteous Act of Banishment is an Act and proceedings in the highest subversion of the Fundamental Law and Liberty of England that can be invented or imagined and by consequence if it may without the highest offence or soloecism in Law be supposed that his Excellencie the Lord Gen. Cromwel Major-Gen Harison and the rest of the Members of the late Supreme Authority of the Parliament of the Commonwealth of England sitting at Westm had any real finger in it or were actors of it they may and ought all of them with all the rest under them that have executed any part of the aforesaid unjust injurious illegal Act of Parliament to be apprehended indicted and proceeded against at the Common Law as Traytors and subverters of the Fundamental Laws Liberties and Freedoms of the free-born people of England as that learned man in the Laws of England Sir Edward Cook in the second third and fourth Parts of his Institutes all three of which are published by two special Orders of the late House of Commons in anno 1641. for good Laws doth declare and prove was dealt with by Empson and Dudley in less cases then the fore-recited unjust act of Banishment and of which severe punishments those Arbitrary and discretionary Judges viz. Trisilian Fulthrop Belknap Care Holt Burge and Lockton in Richard the seconds time sufficiently tasted of as also their arbitrary Accomplices the then Lord Major of London Sir Simon Burley Sir William Ellinham Sir John Salisbury Sir Thomas Trevit Sir James Barnis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgements in subversion of the peoples fundamental Law and Liberties in advancing the Kings will above the same yea one of them was banished therefore although he had a Dagger held unto his very brest to compel him to set his hand thereto But the two first mentioned persons cases being the most remarkable the prisoner at the Bar shall only at present inlarge upon theirs Which Case of Empson and Dudley was thus At the Parliament holden by King Lords and Commons in Henry the sevenths time who was an undoubted lawful king of England and by his marriage of his wife the Lady Elizabeth heir apparent to the House of York as himself was to the house of Lancaster had united the two claimes of Lancaster and York in himself and in a pitcht battel had slaine King Richard
against the King for but to pull him out of his Throne slay him and divide his inheritance amongst him and his accomplices and then to set up his lust will and pleasure as the peoples standing Laws By which apparent and in the face of the â—un avowed practices of his he hath all over the Christian world brought more scorn and contempt upon the zealous profession of God and godliness and all the pretences of strugling for Liberty and Freedom then any one man that ever I read of â—n all the Histories of the world that ever my eyes were fixed upon yea and in the doing of the forementioned things hath given in the face of the sun the absolute and perfect lye to himself and all his many printed Declarations both as he is to be considered as a Parliament-man or as an Officer in Arms. And first consider him as a Parliament-man how many Oaths Covenants Protestations and Engagements hath he formerly taken to maintain the fundamental Laws and Liberties of the people of England and also after he had caused the Parliament to be purged over and over again and again and left none to sit there but those that then pleased his tooth and by their authority taken away the Kings life and altered the form of Government nominally into a Commonwealth or free State did not he and his said friends or Councellors immediately after that publish a solemn Declaration of Febr. 9. 1648. in these very words verbatim A Declaration of the Parliament of England for maintaining the Fundamental Laws of this Nation THe Parliament of England now assembled doth declare That they are fully resolved to maintain and shall and will uphold preserve and keep the fundamental Laws of this Nation for and concerning the preservation of the lives properties and liberties of the people with all things incident thereunto with the alterations touching Kings and House of Lords already resolved in this present Parliament for the good of the people and what shall be further necessary for the perfecting thereof and do require and expect that all Judges Justices Sheriffs and all Officers and ministers of Justice for the time being do administer justice and do proceed in their respective places and Offices accordingly which resolution with the reasons thereof shall be hereafter publâ—shed in a larger Declaration touching the same And it is hereby ordered and appointed that this Declaration shall be forthwith proclaimed in Westminster-Hall and at the Old Exchange and the Judges in their respective Courts at Westminster and at the first sitting thereof are to cause this Declaration to be publikely read And the Sheriffs in their several Counties are to cause this Declaration to be likewise published Die Veneris 9 February 1648. Ordered by the Commons assembled in Parliament That this Declaration be forthwith printed and published and that the Members of this House do take care to disperse the said Declaration into the several Counties with all speed H. Scobel Cler. Parl. D. Com. London Printed by Edward Husbands Which said Declaration was backed also with a large pithy one the 17 of March 1648. which expresseth the grounds and reasons of their late proceedings and setling the present Government in way of a Free State Yea John Lilburn now prisoner at the bar for his further plea saith That by the Act of the late Parliament intituled An Act for the abolishing the Kingly Office in England and Ireland and the Dominions thereunto belonging it is there amongst other things enacted and declared that the Office of a King in this Nation shall not henceforth reside in or be exercised by any one single person And that no person whatsoever shall or may have or hold the office stile dignity power or authority of King of the said Dominions or any of them upon pain of high treason against the Parliament and People of England to all such said persons and to all their aiders assisters comforters or abettors Now whether or no that the said actions of laying Taxes and chusing the people Law makers be not the absolute exercising the office dignity power and authority of the greatest King that ever was in England the prisoner at the Bar submits it to the judgement of the learned Judges of the Law And in the last forementioned Act it is further declared and averred that by the abolishing of the Kingly Office a most happie way is made for this English Nation to return to its just and ancient rights of being governed by its own Representatives or National Meetings in Councel from time to time chosen and intrusted for that purpose by the people And further it is therefore there resolved and declared by the Commons assembled in Parliament That they will put a period to the sitting of this present Parliament and dissolve the same as soon as may possibly stand with the safety of the people that hath betrusted them with what is absolutely necessary for the preserving and upholding the Government now setled in the way of a Common-wealth And that they will carefully provide for the certain meeting chusing sitting of the next and future Representatives with such other circumstances of freedom in choice and equality in distribution of Members to be elected thereunto as shall most conduce to the lasting freedom and good of this Commonwealth And in several other Acts immediately made after the last forementioned Acts and particularly those two Acts of Parliament of the 14 of May and the 17 of June 1649. declaring what offences shall be judged treason it is thus expressed Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the dominions and territories thereunto belonging and hath resolved and declared that the people shall for the future be governed by its own Representatives or National Meetings in Councel chosen and intrusted by them for that purpose And the Prisoner at the Bar for further plea in the second place saith that his Declarations as a Souldier or Commander to this purpose are so full as more cannot be said and particularly that remarkable Declaration of the 14 of June 1647. printed in the Armies Book of Declar. p. 36. 37. c. in which 37. p. there he positively declares that the setling of the liberties and freedoms and peace of the Nation is the blessing of God then which of all worldly things nothing say they is more dear unto us or more precious in our thoughts we having hitherto thought all our present enjoments whether of live or livelihood or nearest relations a price but sufficient to the puchase of so rich a blessing that we and all the free-borne people of this Nation may sit downe in quiet under our Vines and under the glorious administration of justice and righteousness and in full possession of those fundamental rights and liberties without which we can have little hopes as to humane considerations to enjoy either any comforts of life or so much as life it self but at the
A PLEA at large For JOHN LILBVRN Gentleman now a prisoner in NEWGATE Penned for his use and benefit by a faithful and true well-wisher to the Fundamental Laws Liberties and Freedoms of the antient free people of England and exposed to publick view and the censure of the unbyassed and learned men in the Laws of England Aug. 6. 1653. JOhn Lilburn Gent. now prisoner at the Bar saith That he having heard the Charge contained in the Indictment now read unto him at the Bar for Plea thereunto he saith That it appeareth by the Act of Parliament of Jan. 30. 1651. That upon the 15 of January 1651 a judgement was given in Parliament against one Lieut. Col. John Lilburn in the Act named for high Crimes and Misdemeanours by him committed as by the same appears for which the Fines and other punishments were promulgated against him mentioned in the said Act. But the said John Lilburn now prisoner at the Bar saith That the said John Lilburn in the said Act named and he the now prisoner at the Bar be not one and the self same person for that he the now prisoner at the Bar is a free-born English Gentleman and never was legally Charged Indicted and convicted either by the Parliament or any other Court of Judicature being a Court of Record in the English Nation or Commonwealth And he saith that the Parliament being dissolved and by the Law of Parliament in all dubious cases there being no other way to render the sense and meaning of the Parliament being a body politick but by Vote of Parliament he saith it is now impossible if the Speaker himself and all the individual members of the said Parliament should upon their oaths be produced at the Bar yet it is impossible by all their oaths in Law to prove the John Lilburn now prisoner at the Bar to be that Lieut. Col. John Lilburn that the said Parliament in the said Act of banishment meant because by the Law of Parliament there is no other way in all dubious cases to render the sense of Parliament but by the solemn Vote of the Parliament fitting as a Parliament and passing it thereupon as a body politick And the prisoner at the Bar further saith Neither was there any Judgement given in Parliament against him the now prisoner at the Bar for high Crimes and Misdemeanours mentioned in the said Act upon the said fifteenth of Jan. 1651. Votes and Resolves being not in the least any Judgements in Law but at most only preparatives to more serious solemn and judicious things that are to follow them for what at most are they or can they in Law be called or stiled can they in any sense be stiled Judgements No it s impossible because they are no such things in themselves for I resolve to go to such a place on such a day and it may be within an hour after I resolve to the contrary is this a Judgement No Vantrump the Dutch Admiral resolved at the last Sea-fight or the last sea-fight before that to beat the English Navy but when he came throughly to try it he was not able to do it was therefore his resolve a Judgement or the act of beating the English Fleet ever the more done because he resolved it No and therefore John Lilburn Gent. the now prisoner at the Bar saith again That a Resolve at most is but a preparative to the doing or perfecting of a more solemn act as for instance a vicious man resolves to lye with his neighbours wife is that an act therefore ever the more done because he resolves it No for it may be for all his resolve he will never be able to accomplish it or do the act whiles he breaths Again the Lord himself in Exod. 32. resolved to destroy and root out the children of Israel for making them a golden Calf and worshipping it when Moses was in the Mountain yet that resolve never came to a Judgement nor never was executed Again David in the second of Samuel and the seventeenth resolved to build God a house yet God would not let it be done by him because he was a man of blood but it was done by his son Solomon was that resolve therefore a Judgement or ever the more to be esteemed so because David resolved it no not in the least And the prisoner at the Bar further saith that it is in Law Equity or Reason impossible that a Judgement in any legal Court of England should be past against a free-born Englishman and that man dayly forth coming and never to hear read nor see any of the proceedings anteceding the said Judgement and never summoned by any legal processes to any legal proceedings nor called to any legal Bar whatsoever and demanded according to Law what he could say for himself why Judgement should not be past against him Neither did the prisoner John Lilburn now at the Bar ever in all his life time by kneeling at the Bar of the Parliament of the Commonwealth of England lately sitting at Westminster ever acknowledge that the said Parliament in Law ever had in all their life times any the least jurisdiction in the world to sentence him in any kinde or to fine imprison or banish him or any other free-born Englishman of England though never so mean that are none of their members or immediate officers for any crimes whatsoever which is not by Law in the least within their power upon any pretence whatsoever As John Lilburn the prisoner at the Bar hath fully and undenyably proved by Law in his Plea upon the Writ of Habeas Corpus before the late Judges of the Kings Bench viz. Judge Bacon and Judge Rolls upon the eighth of May 1648. as in that printed Law-Argument Entituled The Laws funeral it is fully to be read in pag. 8 9 10 11. All crimes whatsoever being for him onely and solely to be heard determined and judged at the Common Law and nowhere else all treasons being only to be tryed at the Common law by a Jury of twelve legal men of the neighbourhood as expresly appeareth by the Statute of 1 Hen. 4. chap. 10. and the 1 of May chap. 1. 2 of Mary chap. 10. and so are all misdemeanours or breaches of peace though it be in affronting beating or wounding which is much more then by papers disgracing any Parliamentman for that 's expresly to be tryed by the Kings or now as it is called upper bench as clearly appears by the fifth of Hen. 4. chap. 6. and the 11. of Hen. 6. cha 11. Yea although a Sheriff by law is to pay a hundred pound to the King or now as they are called To the Keepers of the Liberties of England and to suffer a yeers imprisonment c. without Baile or Maineprise for every false return of a Knight of the shire that he makes yet by law the House of Commons in former time were not in the least to be Judges in this very business so immediately
imagine that by the Parliament that is mentioned in the said Act of the 30 of January 1651. for banishing one Lieutenant-Colonel John Lilburn is in the least meant the late Parliament of the Commonwealth of England sitting at Westminster especially because it is not so therein exprest who had taken many Oaths and past abundance of Declarations and particularly that of the 9 of February 1648. inviolably to maintain the Fundamental Laws of the Land in reference to the Peoples lives liberties and properties with all things incident appertaining and belonging thereunto But that rather it was some ignorant sottish French Parliament sitting at Paris or elsewhere in France that understand nothing of the Laws Liberties and Freedoms of England or that it was the malignant Cavalier Parliament lately sitting at Oxford in the Kings Quarters there post-dating their Act and thereby endeavouring by the said Act to create such a president as in the consequence of it would destroy all the Laws Liberties and Properties of the free-born people of England and thereby absolutely set up the Kings will and prerogative above Law the bare endeavouring of which in the Earl of Strafford hath been long since adjudged high treason Or in the next place it the authors of the said monstrous and illegal Act of Banishment be neither the ignorant Parliament of Paris nor the Cavalier Parliament of Oxford Then of necessity in the third place it cannot in charity and reason but be judged that the said Act of Banishment was drawn up by Mr. Scobel the Parliaments Clerk Mr. Hill their Chayr-man and Mr. Prideaux their Attorney and Post-master-general when they were all riding post and so jumbled or shaken with fast riding that it was impossible for them to hold their pens to write right and true and when they had framed it then by some cunning artifice or inchantment of theirs they preferred it to the said Parliament who in charity and common reason must needs be judged to pass it when they were three quarters asleep against some silly natural fool called Lieutenant-Colonel John Lilburn that could not be imagined ever in his life to have read any thing of Law or Reason it being impossible in the least in reason to be conceived that the late Supreme Authority the Parliament of the Commonwealth of England sitting at Westminster being onely by their own Declarations but trusted to provide for the peoples weal but not in the least for their wo would ever in their right wits or not being three quarters asleep pass such an Act of Parliament against John Lilburn now prisoner at the Bar who hath much read the Law and very well understands the Fundamental Liberties of England and hath hazardously adventured his life a thousand cimes for the inviolable preserving of them because such an Act of Parliament as the foresaid Act of Parliament is in the first place an Act of Parliament against common right common equity and common reason and therefore is void and null in Law and ought not to be executed as appears by these following authorities viz. 1 part of Dr. Bonham's Case fol. 118. and the 8 of Edw. 3. fol. 3 30 33. F. Cessavit 32 27 H. G. Annuity 41. and 1 Eliz. Dyer 113. and 1 part Cook 's Institutes lib. 2. Chap. 11. Sect. 209. fol. 140. and 4 Edw. 4.12 and 12 Edw. 4.18 and 1 H. 7.12 13. and Plowd Com. fol. 369. and Judge Jenkins learned works in the Law printed for J. Giles 1648. but particularly by his Discourse of Long Parliaments p. 139 140. and see also Mr. W. Prynne's notable book of the 16 of June 1649. called A Legal Vindication of the Liberties of England against illegal Taxes p. 11 12 13 c. But especially see a book intituled The Legal Fundamental Liberties of England revived asserted and vindicated printed and reprinted in the yeer 1649 page 54 55 56 57. yea an Act of Parliament that a man shall be judge in his own case is a void Act in law as appears in Hubberts Case fol. 120. and by the 8 part of Cook 's Reports in Dr. Bonham's Case and by the present Armies own Book of Declarations p. 35 52 54 59 60 61 63 132 141 142 143 144. yea saith that learned Oracle of the Law of England Sir Edw. Cook in the 4 part of his Institutes fol. 330. Where Reason ceaseth there the Law ceaseth for seeing Reason is the very life and spirit of the Law it self the Law-giver is not to be esteemed to respect that which hath no reason although the generality of the words at the first sight or after the letter seem otherwise And saith the said learned Author in his first part Institutes fol. 140. All Customs and Prescriptions Acts of Parliament Laws and Judgements that be against Reason are void and null in themselves And saith the Armies Sollicitor-General John Cook in the late Kings Case stated p. 23. That by the law of England any Act or Agreement against the Laws of God and Nature is a meer nullity for as a man hath no hand in making the Laws of God and Nature no more hath he power to marre or alter them And he cites the Earl of Leicester's adjudged Case for a proof And in page 20 he also saith that all the Judges in England cannot make one Case to be Law that is not Reason no more then they can prove an hair to be white that is black which if they should so declare or adjudge it is a meer nullity for Law saith he must be Reason adjudged And therefore saith he page 8. That man or men that rules by lust and not by law is or are creatures that were never of Gods making nor of Gods approbation but his permission and though such men be said to be gods on earth 't is in no other sense then the devil is called the god of this world And excellent to this very purpose is that ancient Law-book called The Doctor and Student who in his second Chapter pag. 4. expresly sayth Against the law of Nature which he calls the Law of Reason Prescription Statute or Customs may not prevail and if any be brought in against it they be no Prescriptions Statutes nor Customs but things void and against justice And what this law of Nature or Reason is he excellently sheweth in the latter end of the fourth page and the beginning of the fifth and therefore in pag. 7. he expresty saith That to every good Law is required these properties viz. That it be honest right wise possible in it self and after the custom of the Country convenient for the place and time necessary profitable and also manifest that it be not captious by any dark sentence nor mixt with any private wealth but all made for the common good for saith he every mans law must be consonant to the Law of God otherwise they are not righteous nor obligatory All which Judgements or Cases in Law in the equitable and rational part of
Verbatim An Act Declaring what offences shall be adjudged Treason WHereas the Parliament hath abolished the the Kingly Office in England and Ireland and in the Dominions and Territories thereunto belonging and hath resolved and declared that the people shall for the future be governâ—d by its own Representatives or national meetings in councel chosen and intrusted by them for that purpose hath seâ—tled the Government in the way of a Commonwealth and free State without King or House of Lords Be it Enacted by this present Parliament and by the Authority of the same That if any person shall maliciously or advisedly publish by writing printing or openly declaring That the said Government is tyrannical usurped or unlawful or that the Commons in Parliament assembled are not the Supream Authority of this Nation or shall plot contrive or indeavor oâ— stir up or raise force against the present government oâ— for the subversion or alteration of the sâ—mâ— and shall declare the same by any oâ—â—n deâ—d that then every such ofence shal be taken deemed and adjudged by the Authority of this Parliament to bâ— high treason And whereas the Keepers of the liberties of England and the councel of State construted and â—o be fâ—om time to time constiâ—utâ—â— by Aâ—â—uoâ—…y of Parliamâ—nt are to be under the said Râ—presentatives in Parliament â—n â—uâ—… for the maâ—nâ—…ce of the said government with several powers and Authorities limited given and appoâ—ntâ—d unto thâ—m by the Parliament Be 〈◊〉 likewise Enacted by the authority aforesaid that â—f any person shall maliciously and advisedly â—o or indeavor the subversion of the said Keepers of the liberties of England or the Councâ—l of State and the same shall declare by any opâ—n Deâ—d oâ— shall move any person oâ— pâ—â—sons foâ— the doâ—ng therâ—of or stir up the people to rise against them or eithâ—r of them theâ—… or eiâ—her of 〈◊〉 auâ—horities That then every sum offâ—ncâ— and offâ—nces shall be takâ—n dâ—â—med and a clored to be high treason And wâ—â—as the Parliamâ—nâ— for their just and lawful defâ—nce hath raised levied the Army and foâ—â—es now under the command of Thomas Lord Fairfax and are aâ— present necessitated by reason of the manifold distractions withâ—n this commonwealth and invasions threatned from abroad â—o continue the same which under God must be the instrumental means of preserving the well-afflicted pâ—oplâ— of this Naâ—â—on in peace and safeâ—y Be it further Enacted by the autâ—oâ—iâ—y aforesaid that if any person â—o being an Officer Souldier oâ— Member of the Army shall â—o contrive oâ— indeavour to stir up any mutiny in the said Army or withdraw any Souldiers oâ— Officers from their obedience to their superâ—ouâ— Officers oâ— from the presâ—nt Governmâ—nt as afoâ—â—said oâ— shall procure invite and oâ— assist any foâ—raigners or strangers to invade England oâ— Ireland or shall adhere â—o any forces raised by the enemies of the Parliamenâ— or Common wealth oâ— keepers of the Liberty of England Or if any person shall counterfeit the Great Seal of England for the time being used and appointed by authority of Parliament That thâ—n every â—uch offence and offâ—nces shall be taken deemed and declared by the authority of this Parliamâ—nt to be high-treason and every such person shall suffer pains of death and also forfeit unâ—o the Keepers of the Liberâ—y of England to and for the use of the Commonwealth all and singular his and their lands tenâ—mâ—nâ—s and hereditament goods and chattels as in câ—sâ— of high-treason hath been used by the Laws and Statutes of â—â—is land to be forfeit and lost Provided always that no persons shall be indicted and arraignâ—d for any of the offâ—nces mentioned in this Act unless such offenders shall be indicted or prosecuted for the same within one yeer after the offence committed Die Lunae 14 Maii 1649. Ordered by the Parliament That this Act be forthwith printed and published Hen. Scobel Cleric Parliamenti London Printed by Edw. Husband John Field Printers to the Parl. of England 1649 And the said John Lilburn now prisoner at the Bar for further Plea saith that for supposed violating those two last fore-mentioned Acts of Parliament and that but for supposed words and for the supposed compâ—ling writing and caused to be printed Arguments founded and grounded upon the known and declared fundamental laws of England received principles of Reason and the Armies own prâ—nted and publâ—shed Declarations he the said John Lilburn now prisoner at the bar was arraâ—gned and â—ndicted as a Traytor for his lite at Guild-hall London in October 1649. and that principally by the instâ—gation and means of his Excellencie the present Lord General Cromwel which Tryal was with that violence and fury that the said prisoner at the Bar was absolutely denyed the declared benefit of the known laws of England viz. the help of Counsel learned in the Law and a copie of his Charge and Indictment which were not denied but granted to the Lord Mocquâ—â— that grand â—â—shâ—â—be and those Arch-traytâ—rs as the yeare commonly called Scrassoâ—c Canâ—â—â—bury Hamilton and Capâ—l c. which also was granted to the prisoner at Bar as his right by Law when he was prâ—â—â—ner aâ— Oâ—foâ—â— and aâ—â—agned by judge Heart c. for his lâ—â— as a traytor So that the said John Lilburn now prisoner at the bar considering the several penalties declared to be due to any person or persons whatsoever that by force or otherwise should but endeavour to dissolve the late Parliament or their Councel of State â—e cannot either in Reason or Law see or apprehend which way his Excellency the said Lord General Cromwâ—l and Major General Haâ—son c. if they continue and persevere as they have begun to execute the said unjust and injurious Act of Parliament upon the said Joâ—n Lilbuâ—n prisoner at the Bar which is one of the most wickedst and unjust that ever the Parliament in their lives made and of the highest and most notorious acts of their breach of trust that ever they committed as is before fully proved can â—n the least either before God or men acquit themselves of being guilty of the highest of treason both by the letter and equity of the two last fore-mentioned Laws lately made in part by themselves but principally by their instigation in forcibly dissolving the late Parliament against their own voluntary wills and consents Therefore John Lilburn the now prisoner at the bar for further plea saith That it is most just equitable and reasonable to indict arraign condemn and execute the foresaid declared Parliament Traytors Oliveâ— Cromwel Esquire Captain General and Mr. Thomas Harison commonly called Major-General Harison before the prisoner at the bar be indicted arraigned condemned and executed for being a supposed Parliament felon especially considering their tranâ—gressions is a fact committed after the declaring printing and divulging of a visible and plain Law and aâ— the prisoner at the Bar's supposed crime is for a fact done before there was a Law in being as in searching into
pleasures of some men ruling meerly according to will and power And therein pag. 43. they declared it is their earnest desire that some determinate period of time may be set for the countinuance of this and future Parliaments beyond which none shall continue and upon which new Writs may of course issue out and new Elections successively take place according to the intent of the Bil for triennial Parliaments which Bill or Act being one of the first Laws past by the late Parliament in the year 1640. Expresly by name in divers places of it declares it is the undoubted right of the Freeholders Citizens and other Free-borne persons of England to elect such persons as they please for their Representors in the Parliament or Common counsel of the Nation as at large appears by the Act it self reference thereunto being had Unto which the prisoner at the Bar for further confirmation referreth himself and in his and the Officers of the Armies large Declaration for tryal of the late King dated at St. Albons November 1948. they in page 14. 15. thus declare themselves that the sum of the publique interest of the Nation in relation to common right and freedom which they there a vow to be the chief subject of their contest with the King and in opposition to tyranny and injustice of Kings or others they judge to lye First that all matters of supream trust or concernment to the safety and welfare of the whole they have a common and supreme counsel of Parliament and that as to he common behalf who cannot all meet together themselves to consist of Deputies or Representors freely chosen by them with as much equality as may be and after in that Remonstrance they have made large Declarations of divers things for the good of the people of England in pag. 65. they desired that the Parliament would set some reasonable and certain period to their power and sitting by which time say they That great and supream trust reposed in you shall be returned inâ—o the hands of the people from and for whom you received it that so you may give them satisfaction and assurance that what you have contended for against the King for which they have been put to so much trouble cost and loss of blood hath been onely for their liberties and common interest and not for your owne personal interest And in the next page being pag. 66. they vehemently press for the equal distribution of elections thereunto to render the house of Commons as near as may be an equal Representative of the whole people electing and they there also press for the establishing a certainty for the peoples meeting to elect and for their full freedome in election provided that none who have engaged or shall engage in war against the right of Parliament and interest of the kingdome therein or have adhered to the enemies thereof may be capable of electing or being elected at least during a competent number of years nor any other who shall oppose or not joyne in agreement to this settlement and in the next pag. being 67. In their first head they desire liberty of entring dissents in the said Representatives that in case of corruption or abuse in these matters of highest trust the people may be in capacity to know who are free thereof and who guilty to the end onely the people may avoid the future trusting of such and sutable to these heads and others of publique freedome there laid downe the said General Cromwel and the rest of his Officers concluded upon a plat-form of Government for the securing the future liberties and freedomes of the people in all the aforesaid concernments and intituled it An Agreement prepared for the people of England and the places there incorporated which was with seriousness presented by Lieut. General Hamond Col. Okey and other Officers of the Army to the Parliament upon the 20 of January 1649. as the sum of all they had been fighting for and all that which they desired to establish for the future good of the Nation as more at large doth appear by the printed Model of the said agreement reference thereunto being had and unto which for further satisfaction the prisoner at the Bar refers himself And in the Generals last Declaration of April 22 last p. 6. there he declares it his earnest desire to reform the Law and administer justice impartially hoping thereby the people might forget Monarchy and understanding their true interest in the election of successive Parliaments may have the Government setled upon a true Basis And the prisoner at the Bar for further plea saith That he cannot see or apprehend how the said Lord General or Major-General Harison can if they continue and persevere as they have begun to execute the said unjust and injurious Act of Parliament upon the said John Lilburn prisoner at the Bar which is one of the most wicked and unjust that ever the Parliament in their lives made and one of the highest and most notorious acts of their breach of trust that ever they committed as is before fully proved can in the least either before God or man acquit themselves of being guilty of the highest Treasons both by the letter and equity of the two fore-mentioned Laws of the 14 of May and the 17 of June 1649. lately made in part by themselves but principally by their instigators in forcibly dissolving the late Parliament against their own voluntary wills and consents or how they can acquit themselves in the least in the eyes of all the understanding people in England to be justly esteemed guilty of plucking up the Parliament by the roots not in the least for evil oppression injustice or breach of trust they had committed against the Nation or honest people thereof that never yet in the least upon their own principles forfeited their Liberties and Freedoms but onely because they would destroy the Parliament to have the power in their own hands thereby to dispose of all the lives liberties and proprieties of all the people of England by then absolute wills and pleasures and to deal worse and in arbitrarily with the honest inhabitants thereof then any Conqueror that every â—n before them did although themselves against the late King have in The Kâ—ng Casâ— stated p. 22. by John Cook their own Atturney-General publikely declared That Conquest is a Title oâ— Government fit to be exercised amongst Bears and Wolves but golâ—â—n 〈◊〉 least among men And for any to aver us in England to be a conquered Nation is not onely expresly against the tenour of the Armies many and remarkable Declarations but it is such an averment then which there can be none more pregnant and fruitful in Treason then it as Mr. John â—ym in his learned and rational printed Argument by the special Order of the House of Commons the 29 of April 1641. against the Earl of Strafford avers And further in pag. 6. saith There are few Nations in the world that
the least as to punish man whatsoever that is not of them for if my crime whatsoever which in part is already touched upon in the former part of the Prisoners Plea at the Bar and also the absolute Irrationality and Illegality of their making a particular law or their settâ—ng up of a particular Court for a particular man which are notably and rationally discussed upon in the seâ—ond Edition of the book Intituled The Picture of the Councel of State pag. 45. and the second Edâ—tion of The Lâ—gal Fundamental Liberties of England recâ—ivâ—d asserted and vindicated pag. 71 72 73. For though a Parliament hath power to levie what mony they judge convenient upon the people by a general tax for common safety of the Nation which Act both by Law and reason they may do yet they cannot in law equity or reason lay all tax upon one two or three men alone and so make them bear all the charges of the publick even so though Parliaments may pass Acts for the good of the People to administer law indifferently to all the people of England alike without exception of persons yet they can neither by law nor reason pass a particular Act of Parliament on purpose to destroy or condemn one two or three individual persons and which shall not in his extent or intention reach any body else because such an Act is against common reason common equity all English men or people being all borne free equally alike and the liberties and freedomes thereof being equally intailed to all alike without exception of persons and therefâ—…â—…e in common reason not to be burthened with an Iron yoak of a particular Act of Parliament when the universalities goeth scotfree in that particular Yea he might urge many Arguments lawful to prove that the Parliament was no Parliament when they past the said Act of Banishment but were long before dissolved and that by their owne consents when the late Parliament took upon them the exercise of regality and the dissolution of Kingship and the house of Lords as it is notaly endeavoured to be proved in the late discourse of the Armies champions as for particularly one licensed to be printed for Giles Calvert and another by Richard Moon at the ssven sters in Pauls Church yard and that it was long since dissolved by that learned man in the Law of England Judge Jenkins renders many reasons in Law to prove it as in his works printed for J. Gyles are to be read p. 19. 20. 26. 27. 48. 49. 50. 96. 139. 140. 142. 147. But much more full to prove its absolute dissolution long since is Mr. Will. Prynne Barrester at Law In his Law-Arguments of the 16 of June 1649. called A Legal vindication of the Liberties of England against illegal Taxes and pretended Acts of Parliament p. 3 4 5 6 c. and p. 44 45 46 c. And that the Parl. Acts long since in Law dissolved the prisoner at the Bar for further plea saith The death of tde King in law indispensibly dissolved the late Parl. as appears by the express Judgement of the Parl. of 1 H. 4. Rot. Parl. Num. 1. and the Parl. of 14 H. 4. 1 H. 5. Rot. Parl. N. 26. and 4 part Cooks Iast f. 46. which book was published for good Law by two special Orders of the House of Commons in an 1641 and 4 E. 4. 44 b. For the Writ of Summons of the late Parliament that was directed to the Sheriffs by vertue of which men were chosen for the last Parl. runs in these words King Charles being to have conference and treaty with and upon such a day about or concerning as the words of the Triennial Act hath it and high and urgent affairs concerning his Majestie the State and the defence of the kingdom and Church of England But how it 's possible for a Parl. to confer or treat with King Charles now he is dead is not to be imagined See 2 H. 5. Cook tit Parl. 3. 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 late Parliament though it had been all the time before never so entire and unquestionable to that very hour And it must needs be so he being in Law yea and by the authority of this very Parl. stiled The Head the Beginning and End of Parliaments See Cooks 1 part Instit f. 109. b. 110. a. and 4 part Inst f. 1 2 3. and Mr. Pym's fore-mentioned Speech against Strafford p. 8. and the Lord St. Joâ—ns Argum. against Strafford p. 12 70 71. and therefore as a Parl. in Law cannot begin without the Kings presence in it either by person or representation Cook ibid. in part 4. fol. 6. see also Rot. Parl. 25 E. 3. N. 10. so it is positively dissolved by his death for thereby not onely the true declared but intended end of their assembling which was to treat and confer with King Charles is ceased See 1 Edw. 6. cap. 7. Cooks 7 Rep. 30 30. and Dyer 156. 4 E. 4. f. 43 44. 1 E. 5. f. 1. Brooks Commission 19 21. and thereby a final end is put unto all the means that are appointed to attain unto the end and therefore it is as impossible for the late Parliament or any Parliament summoned by the King to be the Parliament in law after his death as it is for a Parl. to make King Charles alive again The Kings Writ that summoned this Parl. is the basis in Law and foundation of this Parl. If the foundation be destroyed the Parl. falls but the foundation of it in every circumstance is destroyed and therefore the thing built upon that foundation must needs fall it is a Maxime both in Law and Reason But if it be objected the law of necessity required the continuance of the Parliament against the letter of the Law The Prisoner at the Bar answers first its necessary to consider whether the men that would have it continue as long as they please or after it is in Law dissolved 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 obvious to every unbyassed knowing eye it needs no illustration Secondly I answer There can be no necessity be pretended that can be justifiable for breach of trusts that are conferred on purpose for the redress of mischiefs and grievances yea to the subversions of Laws and liberties I am sure Mr. Pym by the Parliaments command and order told the Earl of Strafford so when he objected the like and that he was the Kings Counsellor and