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A88153 The afflicted mans out-cry, against the injustice and oppression exercised upon; or, An epistle of John Lilburn, gent. prisoner in Newgate, August 19. 1653. to Mr. Feak, minister at Christ Church in London. Lilburne, John, 1614?-1657. 1653 (1653) Wing L2078; Thomason E711_7*; ESTC R212915 13,792 15

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institutes chapt High Court of Parliament folio 39 which book by two special Orders of house of Commons in their purest purity is published to the special view of the Nation expresly saith That by order of Law a man cannot be attainted of high Treason unlesse the offence be in Law high Treason he ought not saith he to be attainted by general words of high treason by authority of Parliament as sometime hath been used but the high treason ought to be especially expressed seeing that the Court of Parliament is the highest and most honourablo Court of Justice and ought as hath been said to give example to inferiour Courts And the Lord Cook in the last recited chap. sheweth that Empson and Dudley two privy Counsellours to Henry the 7th were indicted as a couple of Traitors for acting without Juries contrary to the fundamental Law of the land although they had an Act of Parliament made in full and free Parliament by Kings Lords and Commons to bear them out in what they did And yet for all this and twenty times more that in law I am able to say for my self wherefore I ought not to be past upon adjudged or condemned without due processe of Law and having Crimes particularly and distiuctly laid unto my charge must I be over-ruled in all manner of law that I can all●dge for my self and be indeavoured to be hanged because I am so honest and just that my adversaries neither have can nor dare lay any crime in Law unto my charge But in the second place although the great sword men of England be the present Lords and Rulers of England and my grandest and principallest prosecutors at this time And although several of their Declarations against their quandam Lords and Masters the Parliament they appeal to all men whether it be just or tollerable that any priviledge of Parliament should contrary to the Law of Nature make a mans adversary judge in his own cause and concernment And therefore they declare they cannot any longer suffer the same but shall take some speedy and effectual course whereby to refrain them viz. several Parliament men from being their own ours and the Kingdomes Iudges in those things wherein they have made themselves parties And yet contrary to the expresse Law of England the Law of Nature and their own foresaid Declarations the great Sword men my present chiefest adversaries have constituted one of my grandest and maliciousest enemies that I have in the world viz. Mr. Attorney General Prideaux to be one of my principallest Iudges and that also in his own concernment And that he is so I thus make appear First he was in October 1649 at Guild-hall my chiefest most bloody and cruel Prosecutor without Law or Reason to take away my life and was so malicious and unjust in his prosecution of me as that he did avowedly again and again in open Court aver that there was a Statute made in Queen Maries days that did expresly take away and abolish those two Statues of Edward the sixth viz. Ed. 6.12 and 5 and 6 Ed. 6. chap. 11. that I insisted upon to save my life by at those that require two plain and evident witnesses to prove every fact of treason against any man that are charged therewith And if in that particular I had not understood the Law as well as himself he had taken away my life with a consident lie and f●lshood 2dly he produced two of his sevants Mr. Nutleigh and Edward Radney and Nutleigh who the other day at the Sessions took two of the strangest contradicting oaths that ever I heard from the mouth of a man in my life And he swore that he was with the Attorney General in his chamber when he see me give to his Master the Atturney General this specifical book intituled A Preparative to Hue and Cry after Sir Arthur Haslerig and he did own it saith he and called himself the Author of it save onely the errataes of the Printer The same said Edward Radney but being both demanded by me whether to the words there was not this addition saving the Printers errataes which are many and they both denied them although Col. Francis West the then Lievtenant of the Tower who sate all the while betwixt Mr Prideaux and my self swore these were the words viz. here is a book which is mine which I will own the errata's of the Printer excepted which are many And besides I did not see either of the foresaid servants of the Attorney General in the room although I often looked diligently about me and were it the last thing that ever I were to say I am not able to say there was so much as one person in the room at that time besides the Attorny Gen. Prideaux Col. West then Lievt of the Tower and my self Again about a term or two before I left England the said Attorny General Prideaux before the Lord chief Baron Wild and Baron Thorp at the open Exchequer Bar preferred and caused in open Court to be read against me one or more most false forsworn and perjured affidavits which in the substance of them did declare That I was in the head such a day as the Ringleader of a great Rabble of people and set them on to pull down about four score houses and set them on to do it in my own person in the Isle of Axom After the reading of which I told the Lord chief Baron Wild that I was amazed and confounded that a man that pretended to have any thing of common honesty durst be so impudent and audaciously wicked as contrary to his own particular knowledge and conscience with his own hands and tongue to present such abhominable false and perjured oaths into a Court as Mr. Prideaux that day had done against me when in his own conscience and knowledge in open Court I did then appeal to that Mr. Attorney very well knew that for so many days before the day mentioned in the said oaths that the houses were pulled down and upon that very day the act was done and for so many days after I was constantly day by day without intermission at the Parliament doors or at a Parliament Committe with Mr Prideaux himself a managing and negotia●ing that very affair of my honest Cliants of the Isl● of Axome and therefore then told the Judges That if Mr. Attorney General did deny this which I was confid●nt in his own kn●wledge he kn●w to be true I had witnesses enough at that Bar to prove every circumstance of it and therefore being I was constantly in London and Westminster both before the day the fact was committed and upon the very day it was acted and so many days a●ter it was done it was impossible for Mr. Prid●aux his oaths to have any shadow of truth in them unlesse he could prove that I had such a body that could be at Westminster and in the Isle of Axholm about 7 or 8 score miles from Westminster at one and