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A88267 The upright mans vindication: or, An epistle writ by John Lilburn Gent. prisoner in Newgate, August 1. 1653. Unto his friends and late neighbors, and acquaintance at Theobalds in Hartford-shire, and thereabouts in the several towns adjoyning; occasioned by Major William Packers calumniating, and groundlesly reproaching the said Mr John Lilburn. Lilburne, John, 1614?-1657. 1653 (1653) Wing L2197; Thomason E708_22; ESTC R202736 33,340 35

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printed papers about the Trial of the late King upon this very subject to make you now abominate of governing by Conquest or any other way like it especially that of the Officers of the Army of the 16 of Novemb. 16●8 dated at St. Albons and John Cook your Soliciter Generals stated Case of the King And as to the nature and extent of implied and tacid trusts read in the first part of the Parliaments book of Declarations pag. 150 151. And the Armies Declaration of the 14 of June 1647. made immediatly after their League Covenant and Contract made and signed at New market and Triplo heaths and printed in their Book of Declarations about pag. 44 45. And can any man be so irrationally brutish as to imapine and think that those that you account honest people in England whom I am sure with my individual self have adhered with lives and estates to this very day to their fundamental laws and liberties and to the primitivest and best of the Parliaments and Armies Declarations that ever they will be so fellonious to themselves as to assist and enable you with their own power with their own estates with their own lives and blouds to enable you to set up that that shall destroy them and all that 's near and dear unto them if you please and when you please but such a thing for any thing I can apprehend is that Parliament that you tell my Wise you intend speedily to set up which I cannot in the least discern is to be chosen and entrusted by the people or any part even of those that have in all things as firmly as any of your selves adhered unto this very day and ventured their lives and fortunes to maintain their fundamental laws and liberties published and declared in the best of the Parliament and Armies declaration But a Parliament picked and culled by your selves that have not with all the Officers of the Army the honest people of Englands payed and hired servants who therefore ought not by your owne principles and for quoted Declarations to act for their wo in the least but onely and alone for their weal and good any other pretence to set up such a Parl. but the right of Conquest which yet will be one of the most vildest assertions in the world for you to maintain against my self and thousands and ten thousands more that have assisted you and never acted against your declared and honest principles by which you ingaged to maintain our fundamental laws and liberties in reference to the free and secure injoyment of our lives liberties and properties which by your foresaid declared principles and declarations can be no other but a Parliament of force will and pleasure and thereby the perfect badge of Conquest and by consequence by your own acknowledgment onely fit to make lawes amongst Bears and Wolves but not amongst men and what justice or relief I may expect from such a Parliament is beyond my apprehension The third way of governing or way of administration of Government is by a Nation or company of peoples mutual agreement or contract or long setled well approved of and received customs there being not in the least in either of the Oldor New Testament any prescript form of Civil or earthly politick Government left by God to be binding and observed by all Nations and people in all ages and times men being born rational creatures are therefore left by God in or to the choice of their Civil Government to the principles of reason all which centers in general in these two viz. do as you would be done to and ye shall not do evil that good may come thereby and to chuse such a government as themselves or their chosen trustees please to impose upon themselves under which they may in a rational security live happily and comfortably which the very Charter of Nature doth intayl or intitles all men under all Civil government unto and such was our Government in England in a great measure under the establishment of Kings who as in your Declarations and the late Kings own confession it is justly avowed and truly acknowledged was to govern the people of England according to the known and declared fundamental laws and no otherwise made by common consent in Parliament or national common or supreme Councels and to grant such laws for the future as the folk or people for the good and benefit in National common Councels or Parliaments should chuse which I dare avow was with all its imperfections in the constitution of it the best rationalest and for the people of England most securest of declared and setled Governments now extant in the whole world our change for onely a nominal free State or Commonwealth hither toward I will maintain it upon my life in aboundance of particulars against the ablest man or men in England being as yet onely for the worse but not in the least to the generality of the people for the better the late Parliament of Lords and Commons being according to the declared law of England called and summoned by the Kings Writ in whose power by law it was at his pleasure to dissolve them till such time as in the year 1640. he past an Act of Parliament in full and free Parliament That they should sit during their own pleasure and not be dissolved but by their own consents all which ancient legal much approved of long setled government being absolutely and totally dissolved by you there can now according to your foresaid principles and the principles of nature and reason by no power or persons whatsoever in England be summoned called or chosen a new Parliament but by a new and rational contract and agreement of the people of England especially and at least upon your own foresaid principles made amongst those that have adhered with their lives and fortunes to their own fundamental declared laws and liberties according to the rational and just principles of the Parliament and Armies best of Declarations And therefore a Parliament called by you in any other way as you pretend now to be in a Commonwealth in my shallow apprehension can be no other but the perfect demonstration of absolute Conquest which is a title or government fit onely for Beares and Wolves but not for men much less for Englishmen by your own forementioned printed Confession and averment The constant effects of which can in reason and experience be nothing els but murther shedding of bloud war misery pover'y famine pestilence and utter desolation to now more then ever divided poor England from which good Lord deliver poor England my dear and entirely beloved Native Country for whose welfare and freedom as for many years by past to the best of my poor understanding I have been ready and I hope whilest I breath shall never cease to continue willing to become a sacrifice And I also beseech God to cause the eyes of the wise and judicious ordinary people and common souldiers thereof
tenour of the Petition of Right and all our fundamental laws most arbitarily as if the people of England were the most absolute conquered invassalized slaves upon the sace of the whole earth lay a tax of sixscore thousand pound a moneth upon the people to fill his pockets and his fat associates and doth he not do more then all the foregoing Kings and Tyrants of England durst do in chusing by himself and such of his meer mercenary Officers joyned with him as he pleaseth a Parliament or Legislators of whom he pleaseth to make laws for the people without asking their consents in the least Sure I am the Chronicles and Records of England declare that it was one of the Articles for which King Richard the second was discrowned and lost his crown That by himself and his own authority he had displaced but some Burgesses of the Parliament and ●ad placed such o●her in their ●oomes as would best fit and serve his own turn See William Martins Chronicle of the last Edition folio 128. Article 21. And in Article 22. He is accused for causing certain laws in Parliament to be made for his own gaine and to serve his own turn And in Article the 20. He is accused for over-awing the Members of Parliament that they durst not speak their minds freely And as for our lives it was Master Peters averment to me long since in the Tower we had no law lest in England and it was his averment yesterday being Sunday the last of July in the presence of the General before some of my acquaintance two of which aver to me that he averred to them we have now no law left or in being in England so that it seems the Generals will must be our rule to walk by and his pleasure the taker away of our lives without any crime or charge in law laid unto our charges or any defence or speaking for our selves permitted to us or required of us which is absolutely and perfectly my case as appears by the Votes of Parliament of the 15. Jan. 1651. printed in my Trial Therefore Judge seriously of your own and consider impartially whether now in your present condition under your great high and mighty pretended Christian master and lawless Lords You are not in a worse condition then ever any of our forefathers were under their Heathen Pagan Papal Episcopal or Presbyterian governours having now to deal with a company of mighty pretended Christians and Saints who yet make it their trade to get their bread and livelihood by shedding the blood and butchering of their neighbours and country-men they know not wherefore whose tables are dayly richly spread and deckt with the price of the blood of the people of England and their back and houses richly clothed and adorned with the same whose laws and liberties they have destroyed and confounded although they receive their daily wages and subsistence from them and that for no other publikely owned and declared cause but for the preserving of them And being it is against the law of God the light of nature reason and the law of England as the Officers of the Army in many of their Declarations have declared for a man to be Judge in his own case as they are with me in constantly picking and nulling my Judges of what persons they please yet in a way of equity and justice I challenge all my adversaries amongst them even from the General to the meanest Officer to chuse 2 3 4 5 or 6 honest friends and I will do the like and in the face of the Sun even to the utmost hazard of life I will refer my self to a bide by their judgement upon a fair and open publike hearing for all manner of things from my Cradle to this hour that they are able to lay to my charge and if they refuse this do they not declare thereby their own guilt which I am confident there is none of them all dare imbrace it but only continue in their belying me behind my back when I am not present to maintaine my own innocency which to preserve amongst you and other honest people in England I shall desire you seriously to read the honest papers already printed and published by my self and friends or well-wishers for my vindication and justification the names of which thus followeth 1 My three addresses to the Councel of State 2 A Jury mans Judgement 3 A defensive Declaration of Lieut. Col. John Lilburn the second Edition published July 1. 1653. 4 A Plea in Law for John Lilburne the second Edition of July 2. 1653. 5 The prisoners mournful cry or an epistle to the Lord Maior of London July 1. 1653. 6 The second Letter to the Lord Major of the 10. July 1653. 7 The fundamental laws and liberties of England claimed 12 My petition to the Parliament of the 12 July 1653. 13 Malice detected 14 A conference with the souldiers or a parley with a party of horse which with drawn swords entered the Sessions al Mr. John Lilburns trial 15 Oyes O yes O yes at the Quest of inquiry holden in the Court of common Reason 16 A cavet to those that shall resolve whether right or wrong to destroy J. L. 17 My friends petition of London of the 9 of July 1653. to the Parliament which hath relation to their large petition formerly delivered with another petition with my letter to the Lord chief Baron on the back of it dated July 14 1653. with a paper to every particular Member of the honorable Parliament to back the former 18 The honest women of Londons petition with their paper to back it unto every Individual Member of Parliament 19. The young men and Apprentices of Londons petition 20 The honest people of Kents petition 21 Tne exceptions of John Lilburne Gentleman to the Bill of Indictment printed by Rich. Moone at the seven Stars neer the great North-door of Pauls 22 The trial of John Lilburn prisoner in Newgate at the Sessions in Old-Baily the 13 14 15 and 16 of July 1653. 23 The honest men of Hartford shires petition for John Lilburn which is the onely thing of all the forementioned that is not printed But in regard I am naming of books for my vindication I beseech you to take notice that there is one of the excellentest pieces that lately I have read in England for clearing up the ancient fundamental laws rights and liberties setled by our forefathers lately published by that sober and rational man Captaine Robert Norwood and printed for the foresaid Rich. Moone Intituled An additional discourse c. which hath much relation to a most laborious piece commonly reputed to be made by Master Sadler the Town-Clark of London and which is Intituled Rights of our Kingdome or customs of our ancestors Printed at London by Richard Bishop 1649. a●● in a special manner mentioned in the 27. pag. of the foresaid Captaine Norwoods book in the diligent reading of which you may exactly see what your
banished then in the eye of the Law of nature he should have endeavoured to preserve the well-being of his native Country and did not David go with the Philistians to battel against Saul as is recorded when he was forced to flye for his life to escape the fury of Saul and doth not David call Saul and all that took part with Saul enemies and God doth not lay any sin to Davids charge for it as it may be observed in the Scriptures 1 Sam. 21.10 11. 29.1 2 3.6 And 1 Chro. 12.19 Neither ought John Lilburn to be accused as a malefactor for what he said or did against those that sought to take away his life as Saul did or would have done to David when he was in an exile condition seeing that they then esteemed him as an enemy But Objection the second John Lilburn is come to England to embroyl this Nation in a new war and to destroy most of our States-men as is reported or said Answ When there is no action committed there is no transgression to be charged and where no transgression is charged no Law condemneth for neither the Law of God nor the Law of Nature condemneth before some transgression be committed for Adam was not condemned before he had transgressed but was forewarned that he should not transgress that he might not be condemned Gen. 2.16 17. and if a horse look over a hedge where Corn is and break not in the horse is not presently pounded unless he committed some actions by breaking into the Corn and so be under transgression then he is liable to be pounded saith the Law Neither can it stand in Reason with men of Reason that ever Mr. John Lilburn could or can embroyl this Nation in a new war again with it self for in reason how can it be hath not the people or Parliament thousands of foot and horse now in Arms both in England and other places and a great Navy at Sea and besides the constancie of Mr Lilburn to the trust reposed in him for the publick or common good might let all men see and fully understand thereby that those aspersions cast upon him is meerly out of malice against the person of the man Nay all men that have but natural understanding may see the good intentions of Mr. Lilburn by his many sufferings in the days of the Bishops and late King and often since not that Mr Lilburn ever did oppose powers or Magistrates as powers but the abuse of their power which they inflict and exercise upon the people whom both by the Law of God and Nature they are bound to preserve and comfort but when Powers make their lusts to be their Wills and their Wills to be Laws then honest Mr. John Lilburn opposeth that corruption and for opposing Vice and not Vertue Mr. John Lilburn is often contemned and counted a turbulent man but the truth is tyranny is resistible in whomsoever it is found it is the Armies and grandees own Doctrine and they have preached and practised it in the highest and wil and ought to be resisted by all well principled and minded men both by the light and Law of God and Nature Also if Mr. John Lilburn had been of such a base Spirit as some great in place are that when he was employed for the Parliament to revolt and then turn to the King and his Faction and from the King to the Parliament again and had now under his command great store of ships at Sea or souldiers on Land then there might be some colour of shew that he would put forth himself for the Kings interest but Mr. Lilburn never stained as yet his reputation by betraying the trust reposed in him for the good of this Nation but valiantly and honestly hath performed his part in all actions as hath been offered him So it may be expected and feared that some who make a fair shew of the peoples Freedoms and Liberties do intend the peoples Bondage as may appear by those unjust dealings and proceedings against Mr. John Lilburn that stands for nothing so much as the peoples Liberties Freedoms and Laws although his life is dear unto him and his wife and children yet he hath acted more for the true Freedoms of the people then ever he did for them So having answered these your Objections I remain yours and the peoples well wisher of Freedom and Liberty both according to the Law of God and Nature and that to do as men would that others should do to them which is both the Law and the Prophets Matth. 7.12 FINIS