A Hu-and Cry after the fundamental Laws and Liberties of England, &c.

YOU are immediatly upon ſight hereof, to make your•epair to all ſuſpected places within your ſeveral Limits in Juriſdictions, and there to mak•diligent ſearch and enquiry after a Cabinet of Jewels o•ineſtimable worth and value, which hath been purchaſed with the Blood and Treaſure of our Anceſtors; and not only•o, but within theſe 12 years it hath coſt this Nation many millions of Treaſure, beſides the lives of ſome hundreds of thouſands of Engliſh men, whom the world (to ſucceeding Ages) will admire for their gallantry in the ſeveral Bat­tels and Co•fl•cts during the late Deſtroy in inteſtine wars, in defence of the ſaid Jewels, heretofore called and known by the Fundamentall Laws and Liberties of England: part of which Laws and Native Rights are contained in Magna Charta, and the Petition of Right; the excellency of which Law, might Engliſh-men enjoy the benefit of them, as all a­long this War they have been promiſed, would make Engliſh men the happieſt Nation in the world, notwithſtanding there are many eſſentiall things concerning the Priviledges and Immunities of the good people of England, which is not contained in the ſaid Magna Charta, and Peti­tion of Right; yet ſo excellent are thoſe things contained in thoſe Laws, that were the people ſuffered to enjoy, which is their Right by Law, then would England be the freeſt people in the world: This is mentio­ned, becauſe the ſaid Laws were ratified and confirmed by divers Kings of this Nation, and in particular by the late King Charles, whom the late Parliament put to death for a Tyrant, for violating the ſaid Laws, there­by degenerating from a King into a Tyrant, as all Supream Magiſtrates do that ceaſe to rule by known Laws and Rules, meerly by his Arby­trary Will and Power.

4And here by the way it would be enquired, whether the Name of a King can make the people Slaves, or whether the Name of a Parlia­ment, though legally choſen, make the people free, ſeeing that Parl. that are legally called to the Supream Truſt, may betray their Truſt, and ſo degenerate into Tyrants, aſwell as Kings, and ſo the Tyranny be more abſolute, and more evil then that of Kings, conſidering that Evil or Ty­ranny in a Community, is worſe then Vnity: becauſe that it cannot in Reaſon be imagined, that one man can poſſibly contrive ſo abſolute a Tyranny, as where there is a Spirit of Tyranny working in a conſiderable number of perſons in a body, &c. And therefore in your ſearch and in­quiry, you are to take diligent notice, whether any perſon or perſons being the peoples ſervants, viz. being declared by themſelves the Parl. of the Commonwealth of England, whether they have by themſelves, or their Subſtitutes, at any time ſince their coming to the management of ſupream Truſt, any way violated, or endeavoured to violate any of the ſaid Priviledges or Immunities belonging to the good people of Eng­land. One ſpecial Pearl belonging to the ſaid Cabinet bear theſe words, No free man ſhalbe taken•r impriſoned, or be diſſeized of his freehold, or li­berty, or free Cuſtoms, or be out-lawed or exiled, or any wayes deſtroyed, or be paſt upon, or any way dealt with, but by the Judgment of his Peers, that is, by a Jury of 12 ſworn men of the Neighborhood. No man from henceforth ſhall be attached by any Accuſation, nor fore-judged of his life, limb, nor his Lands Tenements, Goods, Chattels, into the Kings or Parliaments hands, againſt the Form of the great Charter, and the Law of the Land, &c.

From henceforth no man ſhalbe taken by Petition or ſuggeſtion made either to King or Parl. unleſs it be by Indictment or preſentment of good and lawful men, where ſuch Deeds be done in due manner, or by pro­ceſs made by Writ Original at the Common-Law. Nor that none be put out of his Franchiſes or Freehold, unleſs he be duly brought in to anſwer, and judged of the ſame by the Law. And if any thing be done contrary to this Statute, it ſhall he holden for nothing.

Herein may be cleerly diſcovered the Supremacy and Excellency of the Law of England; wherein is enacted, commanded, and confirmed, That whatſoever ſhould be done contrary to the Law, ſhall be of no force. Nay further, No man of what eſtate or condition ſoever he be ſhall be put out of Land, Tenement, or taken or impriſoned, or diſ-inherited, or put to death, with­out being called to anſwer by due proceſs of Law.

By theſe, and many other ſuch marks, and badges of Liberty you may5 ſee in the Cabinet: And becauſe it is more then ſtrongly ſuſpected, that ſome Grandees pretending to Honeſty, and to common Right and Free­dom, and upon and by means of the ſaid publike pretences, have inlarged their poſſeſſions by the Ruines of the Publique: I ſay it is upon good grounds ſuſpected, that ſome of the ſaid Grandees are guilty of endea­vouring the ſubverſion of the ſaid Laws and Liberties of England; and inſtead thereof to introduce an Arbytrary Government. And therefore it is thought fit to leave you, and all the good people of England theſe following Inſtructions for your eaſe and benefit in your ſaid ſearch and Enquiry.

In the firſt place you are to conſider the caſe of Mr. John Lilburn, Gen­tleman, what manner of proceedings hath been had againſt him, ſince theſe publique Liberty-pretending Times, viz. Since the Parliament was bro­ken a pieces by Col. Pride, by advice and conſent of the General and Councel of Officers, meerly pretending, that Neceſſity had conſtrained them to take that courſe, they knowing no other way to ſecure the peoples Rights. Now if you look, as you ought to do, upon Mr. Lilburn's Caſe, as the Caſe of every free born Engliſh man, you will find that the people of England, never in the worſt of Times, received the like wounds in their Laws and Liberties, as they have done ſince the ſaid Purge firſt. Then you may conſider the cauſe of his late Baniſhment, which was nothing but for doing what in him lay (by Advice) to right a Gentleman greatly wrong'd in his eſtate, which, in any Engliſh mans judgment, deſerves no Puniſhment, much leſs Baniſhment.

Secondly, conſider the manner of proceeding againſt him: Firſt, the Buſineſs was referred to a Committee to examine, and report to the Houſe, and right or wrong, the Houſe proceeded to vote his Baniſh­ment upon the ſaid Report, although many of the ſaid Committee might juſtly be ſuſpected of Partiality, and greatly to favous Sir Arthur Haſlerig's Cauſe, and as much to diſcountenance Mr. Lilburn's Cauſe. So that Mr. Lilburn had no manner of legal proceſs, whereby he might make any juſt defence for himſelf, which they (I mean his Adverſaries) and indeed Adverſaries to the juſt Rights and Priviledges) very well knew he would do, in caſe it came into any Legal Court where he might have the liberty of Defence: and therefore an Arbytrary Com­mittee muſt do the work, being both in perſons and office fitly qualified for ſuch a purpoſe; and therefore they bring in their Report, upon which the Houſe proceeded to Vote, as followeth.

6Reſolved upon the Queſtion, That the Fine of 3000l. be impoſed upon Lieu. Col. Iohn Lilburn, to be paid to the uſe of the Commonwealth, That he be fined 2000l. more to be paid to Sir Arthur Haſlerig for his dammages, and 2000l. m•re to be paid to Iames Ruſſel, Edward Winſlow, William Mollins, Arthur Squib, Eſquires, four of the Commiſſioners for compounding, that is to ſay, to each of them 500l. for their dammages.

Reſolved upon the Queſtion, That Lieu. Col Iohn Lilburn be baniſhed out of England, Scotland, and Ireland, and the Territories thereunto be­longing, and, not to return into any of them upon pain of being proceeded a­gainſt as a Felon; and in caſe of ſuch Return, ſhall ſuffer death accordingly. Did ever England know the like proceedings againſt one of its Natives: and therefore I can but wonder at the Kentiſh mens flattery in their late Petition againſt Tythes: in the preamble of which Petition they ſay, That the glory of Chriſts appearings are eminent in this Change, and that it is the Noon: But what Will that might be that hath ſuch a Noon of Darkneſs, Hypocriſie, Self-love, Envy, Injuſtice, and what not that is evil, as you will better perceive, if you conſider the cruel and juſt deal­ing exerciſed upon him the ſaid Mr. John Lilburn, both as to the matter and manner of his Baniſhment, and ſince hi•Return. And firſt as to the manner of his Baniſhment. Conſider that the Law of England judgeth n•man before he be heard, as to his Defence; and therefore no Judgment could be legally given in Parl. againſt him as is pretended, becauſe that before any Judgment can be given in Law againſt any Engliſh man for any Crime, there muſt be either an Indictment, Preſentment, or ſome Information a­gainſt him. Secondly, the party accuſed muſt either appear before that Court, or be out-lawed for not appearing. Thirdly, if the party appears, he muſt ei­ther confeſs the Crimes or Miſdemeanors whereof he is accuſed, or elſe plead to the Indictment, Preſentment, or Information, and come to tryal thereupon. Now if you conſider the manner of their proceedings againſt Mr. Lil­burn, you will ſoon finde, that inſtead of coming to a legal Hearing, and what proof they had againſt him to prove any matter of Fact, he was onely called in to the Bar to receive his Sentence of Baniſhment; and whereas by the good old Law of England every puniſhment ought to be proportioned to the Offence, ſo that a man ought not to have the pu­niſhment due to a great Offence inflicted upon him for a ſmall Offence; nor a ſmall puniſhment for a great Offence: neither ought any man to be ruined by any pecuniary Muct or Fine, but every man ought to be preſerved in his eſtate, as ſaving to the Merchant his Merchandize, and7•o the Villain his Wainage, and ſo every man ought to be preſerved in a way of Tr•de, or other Calling. Now whether they dealt ſo with Mr. Lilburn, let the world judge, who was fined 7000 l. which was far more then ever the Gentleman was worth, though it cannot be denyed but he hath deſerved more of the Common-wealth, then ſome of thoſe among whom the thouſands and ten thouſands have been divided, and Parks and Manſion houſes was beſtowed. Secondly, conſider the man­ner of proceedings againſt him ſince his Return, and you will find a­bundance of malice againſt the perſon of the Gentleman, if not an anſo••ure endeavor to ſubvert the ſaid Laws and Liberties; which if once effe­cted, the good people of this Common-wealth will have nothing left to defend them in thei•lives, liberties, and eſtates, but the abſolute Wills of thoſe now endeavor the ſubverſion of the ſaid Laws. What elſe was the meaning that ſuch endeavors was uſed to tie him up to a ſimple Plea of Guilty or not guilty, and to ſtave him off from his Plea of Oyer, or a Hearing upon the whole mat­ter; which if it had been granted him, there needed to have been no Jury im­panelled for the Matter, which the Bench very well knew; for the pretended Judgment upon which that pretended act was Grounded was no Judgment, but ſome Certaine Arbitrarie votes; and if the Judgment was no Judgment then ſure the Act ſhould be no Act, and ſo the whole Matter muſt fall to the ground, but when by their Menaces of the Preſs, and ſtill perſiſting in theire Refuſall to grant him the Oyer, he was Conſtrained to Joyne Jſſue and to Caſt himſelfe upon the Jury for his Tryall and the Jury brought in their ver­dict according to their Oathes and their Conſciences, in which verdict they brought him in not Guilty, wherein they did approve Engliſh men, and Ho­neſt men as no doubt others would have done as well as they, if they had been ſuch as were prejudiced againſt him in one kind or other.

But now beeing acquitted by a Jury of 12 Sworn men of the Neigh­bourhood it was expected hee ſhould have been inlarged Speedily up­on it, as by the Law of the Land hee ought to be, but Contrary to Ex­pectation hee was detained in Newgate till the 28 of Auguſt upon which day Early in the Morning betwixt 3 and 4 of Clock hee was fetcht by a party of about 100 horſe from Newgate and Conveyed to the Tower of London, and there kept Cloſe priſoner and no man ſuffered to come neere him, and no cauſe of his deteinement known or expreſſed in any warrant of commitment, as ought to bee, if Legally they have any thing againſt him, wherefore it is ſtrangely to be ſuſpected they have ſome de­ſign either to try him by ſome Arbitrarie Court or other ſeein•Eng­liſh7 men will act according to their Conſciences, and not to ſerue the wills of men how great in power ſoever, and ſo by Erecting ſome Arbi­trary high Court and to trample under foot that moſt Juſt way of tryall by Juries and then farewel the L••es and Liberties of England, neither are they content having〈…〉priſoner in the Tower of London but much ſtriving〈…〉have the Jury fined, if not impriſoned, for not forſw•ri•g and that by thoſe men that in a late De­claration tells〈…〉they were required to take upon them the Supreame〈◊〉hou•…〈◊〉the 3 Nations (its no matter by whom) and that they will be as〈◊〉of the Liues Liberties and Eſtates of all others aſ of theire owne〈◊〉poſterities whome they expect ſtill to bee G•verned by Succe•…ve parliaments.

Now Let the world judg whether the Actions of men be anſwerable to their proteſtations; can any man imagine, that if any one or more of them ſhould have vndergone ſo ſevere a tryall for their lives and beeing acquitted by a Iury would have been Content to be ſtill deteined in priſon, and no cauſe ſhown wherefore; and not onely ſo, but to bee hurried from out of their beds by a part of horſe, and conveyed to the Tow•r; and there to be kept cl•ſe Priſoners in the cuſtody of their grea­teſt enemies. This I can hardly beleeve; and therfore what M•chivel ſaid of Alexander the ſixth, may be ſaid of theſe men; Alexander the ſixth ſaith hee never did any thing elſe but d•c•ive men, and never meant other­wiſe; yet never was there a man would proteſt more effectually, nor a­ver any thing with more Sollemn, and obſerue them leſs then he. Ne­vertheleſs his cozenages thrived well enough becauſe he knew how to play his part cunningly, Now whether theſe men knew how to act their parts cunning or not is the Queſtion; and therefore in your Search and Enquiry you are to be dilligent and Impartiall, eſpecially among the greate Ones, Becauſe one of the Grandees ſaid not long ſince that he knew not whether there were Any fundamentall Lawes or not, if there were any he thought two Lines of them could not be found, now it is ſtrongly to be ſuſpected that he is one of the violaters of the ſaid Lawes and therefore he would perſwade the people not to Looke for the Main­tanance of the ſaid Lawes, by telling them that there are not two Lines of them to be found, and therefore they Muſt be Irrecoverably loſt, and therefore if the ſaid party Can or may be found he ought to be apprehended upon Suſpition.

You are alſo to make Dilligent Search and enquiry into all Hiſtories8 and Recordes of Antiquity, and eſpecially into the Reigne of Queen Marie for a preſident and Parralell caſe, to juſtifie the now Governers in their late proceedings againg Mr. John Lilurbn, which if you do, which is much feared you ſhall be Exceedingly well Rewarded for your paines becauſe the Aturney Generall is thought to be very buſie in drawing up an Anſwer to to the Charge of High Treaſon Exhibited againg himſelf in the uper bench by Squire Elſliot, and for Mr. Hall it is thought that he is Takeing of Phiſick and ſpitting his plums to Cheare his throat that the next time he comes to the bench, either the Court or himſelfe may underſtand what he ſaith, and the Grandees themſelves have work e­nough to cut out for the reſt, except ſome few who have ſcarcely Read beyond the firſt of Mathew, or the 3 of Luke, and therefore it is no work for them, All which if you perform, you do both State and people an ex­cellent peice of ſervice, and may expect your Reward; and for your ſo do­ing this ſhall be your ſufficent warrant. Given under our hands Signed by populer order and appointment