A DECLARATION OF THE ARMIE CONCERNING Lieut. Collonel JOHN LILBURN; AND Their Reſolution to eſtabliſh the People in all their juſt Rights, Liberties, Priviledges, and Freedomes.
With the Remonſtrance, and Petition, of the Officers and Souldiers, Citizens and Countrey-men, Rich and Poor; With all the diſtreſſed and oppreſſed People of England; To the Parliament.
Together with their Propoſitions and Deſires; And a gallant way propounded, for the taking off all Taxes, a time prefixed; the uniting of all Parties; the eſtabliſhing of Peace; and making Trade free.
Imprinted at London, for G. HORTON, 1652.
THe Officers and Souldiers in the Army, having received Advertiſements of the heavy Cenſure which L. Col. Lilburn (at preſent) lies under, a Councel was called, and after a large Diſpute, many declared their ardent affection, To ſtand and all with ſo great and faithful an Aſſertor of England's Liberties. Others reſolved, To ſubmit their Wills, to the Will of the Power that impoſed the Sentence,4 declaring, That they will leave no means nor dangers unattempted, to eſtabliſh the People in the fulneſs of their Liberties and Freedoms. Which cordial Reſult, re-minds me of that moſt excellent and emphatical Petition of the freemen of England, to the Parliament; A Copy whereof followeth:
THat it being the work of Nature, Reaſon and Chriſtianity, by which we ſhall be judged in the laſt Day, (Mat. 25.) And the very bottom of all pretences in all Corporations and Councels, To cloath the naked, feed the hungry, viſit the ſick, and relieve the oppreſſed: All former Lawes, ſtatetes, and conſultations having been of ſmall effect hitherto: houſes of Correction being more apt to make men (from being poor) to become Vagabonds and Beggars, by taking from them the Repute of ſo much Honeſty, as not to be intruſted with employment; and conveying into them a further impudency, or deſperateneſs (as by experience is manifeſt) and many having of late years periſhed for want of Neceſſaries: The Lord having now put into your hands a preſent opportunity, of adding this great Work to all the mighty works which he hath done by you.
May your Honours be pleaſed to grant to your Petitioners (all due reſpects being firſt had to your great loſſes & damages, out of Delinquents Revenues) or ſo many of them as ſhall be thought ſit, and to all the poor of England, the remainder of what is due upon publike Accounts. 2 All or ſo much of the Commons, Foreſts, Chaces, &c. as is due unto the Poor. 3 All Mines not wrought on at preſent, all5 drowned lands, lands deſerted of the Sea, or the like, they agreeing for what is due to any Owner. 4 The ſole benefit of all Manufactures, Engines and Inventions either by Sea or Land, by your Petitioners brought into Uſe in England. 5 All Pariſh Collections, and concealed or abuſed Charities, with power to ſearch all Records, Wills, Church-books, & books of Accounts to that purpoſe, gratis: to be as a publique Treaſure of the Land, for all publique Deſigns, in one common joynt Stock.
And ſome of your Petitioners will put in ſufficient ſecurity; 1 To provide all neceſſaries for the Army. 2 To pay the Arrears of the Army within 5 years. 3 To take off all Taxes within one year, except Cuſtoms. 4 To pay all the debts of the publique Faith which remain due at 6. per Cent, within 10 years. 5 To ſet up a publique Banck, as in Amſterdam, Venice, and other places. And if your Honours ſhall think good, to grant the Fiſhings, Cuſtoms, and Revenues of the Navy, & o. then your Petitioners will undertake to maintain a conſtant Navy at Sea, and to ſecure the Merchants at 1 per Cent, a month, for the narrow Seas. 2 To take off the Cuſtoms from unwrought Materials and Commodities, and Food and Ammunition imported, and lay them upon unwrought Materials and Commodities, and Food and Ammunition exported. 2 To take off all Cuſtoms from Manufactures exported, and lay them upon Manufactures imported.
Thus may your Honours be eaſed of great Burthens; be free to other great affairs; Take away all Taxes and Groanings of the people; Reconcile all parties; Gain the love of the people; Make Trade free; Eſtabliſh the peace of the Nation; Eſtabliſh your own peace before God and Man; And bring down the bleſſings of God abundantly upon all your faithful Endeavours.
As for my own part I am a free-man; yea, a free Den•zen of England; and I have been in the field with my ſword in my hand, to adventure my life and my bloud (againſt Tyrants) for the preſervation of my juſt freedom; and I do not know that ever I did an act in all my life, that disfranchiſed me of my freedom; and by vertue of my being a freeman (I conceive) I have as true a right to all the priviledges that do belong to a freeman as the greateſt man in England Whatſoever he be and the ground and foundation of my freedome I build upon the grand Charter of England, which is publiſhed and expreſſed in the 9 of HEN. 3. Chap. 29. which I humbly crave leave to illuſtrate as followeth, viz. That to freeman ſhall be taken or impriſoned; or be diſeiſed of his free-hold or liberties; or free Cuſtoms; or be out-lawed or exiled; or any wiſe deſtroyed: Nor we will not paſſe upon him, nor condemn him; but by lawful Judgment of his Peers; or by the Law of the Land; we will ſell to no man; we will not deny; or defer to any man either Juſtice or Right. And the priviledges contained herein are my birth-right and inheritance; which priviledges7 have been ratified and confirmed to the free people of England by the Parliament aſſembled at Weſtmidſter; and many Declarations put out againſt the late King for violating of them.
And truly, I cannot chuſe but remind you, That the Law of England is the birth-right and inheritance of the people of England; yea of the meaneſt as well as of the richeſt: And although the Law of England be not ſo good in every particular, eſpecially in the adminiſtrative part of it, as I could wiſh it were; yet till I can ſee a better, I (for my part) will make much of that which we have, as the principal Earthly preſerver and ſafeguard of my life, liberty and property for it, viz. Magna Charta Chap. 29. ſaith, No free-man ſhall be taken or impriſoned, or be diſſeiſed of his freehold or free Cuſtomes, or be outlawed or exiled, or any otherwiſe deſtroyed; nor paſt upon, nor condemned, but by lawful Judgment of this Peers; or by the Law of the Land; and that Juſtice and Right ſhall not be ſold denied, or deferred to any man. See Sir Edw. Cook's excellent Expoſition upon this in his 2. par. Inſtit. fol. 46, 47. &c. Printed by the late forcibly diſſolved Parliament for good Law. And poſitively declared, To preſerve unto the people inviolably their fundamental Laws and Liberties, in reference to their Lives, Eſtates, and all things appertaining thereunto.
8A Charge of High-Treaſon is preparing to be exhibited againſt Mr. Ainſlow, a learned Profeſſour of the Law, and now priſoner in the Preſſe-yard at New-gate, for writing and divulging a Treaſonable Book againſt Mr. Attorney-General Prideaux, and divers other Honourable Members: His Tryal is ordered to be upon Friday the 30 of this inſtant January. At which time, the Articles of Impeachment are to be read; which (its believed) will produce an immediate Sentence, anſwerable to his demerits, being a matter of great and incomparable conſequence.
(EEBO-TCP ; phase 2, no. A82115)
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