|Author:||Lilburne, John, 1614?-1657.|
|Title:||The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason.: Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.|
|Publication Info:||Ann Arbor, Michigan: University of Michigan Library
2011 April (TCP phase 2)
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The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason.: Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.
Lilburne, John, 1614?-1657.
London: [s.n.], Printed in the yeare, when some of the mercinary officers and souldiers of Sir Thomas Fairfaxes Army, that were pretendedly raised for to fight for the liberties and freedomes of England, avowedly drew their swords at the House of Commons doore, to destroy those that really stood for their lawes and liberties, 1647 [i.e. 1648]
Civil rights -- Great Britain
Great Britain -- Politics and government
To all the peaceable and well minded people of the Counties of Hartfordshire and Buckingham∣shire, who desires present peace, freedome, justice, and the common right and good of all men, but more particularly, to all those honest Nown substantive men, that were the promoters and managers of that affectionate Petition for my self, and Mr. Richard Overton, to the House of Common, (about 12. moneths agoe, which is printed in the 10. and 11. pag of the second editi∣on of our book called the Outcryes of oppressed Commons.) But in a most especiall manner to my honest friends, in and about Watford, that lately were in trouble severall Sessions at St. Albns, for not comming to their parish Church to heare Common prayer, &c.
A proeme, to the following collection and discourse.
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In the third yeare of the reign of Charles, King of England, Scotland, France, and Ireland.
Chap. 26. Inquisition of Life and Member.
Chap. 28. Wager of Law shall not be without Witnesse.
Chap. 29. No man shall be condemned without tryall. Iustice shall not be sold or deferred.
The 3. Edward the 1. fol. 25. There shall be no disturbance of free Election.
The 3. of Edward the 1. Chap. 6. fol. 25. Amercement shall be reasonable and according to the offence.
The 3. Edward the 1. Chap. 15. fol, 27. Which prisoners may be made mainpernable, and which not. The penalty for unlawfull bailement.
The 3. of Edward 1. Chap. 26. fol. 30.one of the Kings Officers shall commit extortion.
The 25, of Edward the 1. Chap. 2. 3. 4. fol. 75, 76. Iudgement given against the said Charter, shall be void.
Chap. 3. The said Charters shall be read in Cathedrall Churches twice in the yeare.
Chap 4. Excommunication shall be pronounced against the breakers of the said charters.
The 28. of Edward the 1. Chap. 1. fol. 80. A confirmation of the great Charter, and the Charter of the Forest.
The 28, of Edward the 1. Chap. 8. fol. 83. The Inhabitants of every County shall make choise of their Sheriffes being not of Fee.
The 28. of Edward the 1. Chap. 13. fol. 83. What sort of persons the Commons of Shires shall chuse for their Sheriffes.
The 34. Edward the 1. Chap 4. fol. 91. All Lawes, Liberties, and Customes confirmed.
The 34. of Edward the 3. Chap. 6 fol. 92. The curse of the Church shall be pronounced against the breakers of this Charter.
The 1. of Edward the 3. Chap. 5. fol. 115. None shall be compelled to goe to war out of the Shire where he dwelleth: But &c.
The 2. Edward the 3. Chap. 8. fol. 118. No commandement under the Kings seale, shall disturb or delay justice.
The 4. of Edward the 3. Chap. 2. fol. 120. The authority of Justices of Assise, Gaole delivery, and if the peace.
The 4. of Ed. 3. Ch. 10. fol. 122. Sheriffes & Golers shal receive offenders without any thing taking.
The 4. of Edward the 3. Chap. 14. fol. 122. A Parliament shall be holden once every yeare.
The 14. of Edward the 3. Chap. 5. fol. 133. Delayes of iudgement in other Courts shall be redressed in Parliament.
The Oaths of the Iustices, being made Anno, 18. Ed. 3. & Anno Domini 1344. fol. •44.
The 20. of Edward the 3. Chap. •. fol. 14•. The Iustices of both Benches, Assise, &c. shall doe right to all men, take no fee but of the King, nor give councell where the King is party.
The 25 of Edward the 3. Chap. 8. fol. 155. None shall be bound to find men of armes, but by tenure or grant by Parliament.
The 28. of Edward the 3. Chap. 7. fol. 172. No Sheriffe shall continue in his office above one yeare.
The 34. of Edward the 3. Chap. 4. fol. 180. What sort of people shall be returned upon every Iur.
THe 36, of Edward the 3. chap. 10. fol. 186. A Parliament shall be holden once in a yeare.
The 36. of Edward the 3. chap. 15. fol. 187. Pleas shall be pleaded in the English tongue and in∣rolled in Latine.
The 37. of Edward the 3. chap. 18. fol▪ 190 The order of persuing a Suggestion made to the King.
The 42 of Edward the 3. Chap 1. •093 A confirmation of the great Charter, and the Charter of the Fo∣rest: And a repeale of those Statutes that be made to the contrary.
The 8. of Richard the 2. Chap. 2. fol. 217. No man of Law shall be a Iustice of Assise, or Gaole delivery in his own Country.
The 8. of Richard the 2 Chap. 4. fol. 218▪ The penaltie if a Iudge or Clerke make any false Entry, rase a Roll, or change a verdict.
The 12 of Richard the 2. Chap. 10. fol. •23. How many Iustices of peace there shall be in every County: and how often they shall keep their Sessions.
The 13. of Richard the 2. Chap. 6. fol. 225. How many Serieants at Armes there shall be, and with what things they shall meddle.
The 20. of Rchard the 2. Chap. 3. folio 243. No man shall sit upon the Bench with the Iustices of Assise.
The 2. of Henry the 4. Chap. 23. fol. 253. The fees of the Marshall of the Marshall∣sey of the Kings house.
The 4 of Henry the 4 Chap. 23. fol. 259. Iudgements given shall continue untill they shall be reversed by attaint or error.
The 5. of Henry the 4. Chap. 5. fol. 261. It shall be felony to cut out the tongue, or pull out the eyes of the Kings liege people.
The 5. of Henry the 4. Chap. 10. fol. 263. Iustices of peace shall imprison none but in the Common Gaole.
Now comes in some Statutes of palpable Bondage, about chusing Parliament men, &c. The first I shall give you is the 1. of Henry the 5. Chap. 1. fol. 274 What sort of people shall be chosen, and who shall be the choosers of the Knights and Burgesses of the Parliament.
The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be Iustices of the Peace.
Chap. 3. Of what estate those Iurors must be, which are to passe touching the life of man, plea reall, to forty markes damages.
The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers, and who shall be cho∣sen Knights of the Parliament.
The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearely value in lands a Iustice of Peace ought to be.
The 20. of Henry the 6. Chap. 8. fol. 336. In what case the Kings Purveyors that would take Cattell, may be resisted.
The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriffe shall let to Farme his County or any Bailiwick. The Sheriffes and Bailiffes fees and duties in severall cases.
The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise. No Officer shall seise the goods of a prisoner untill he be attainted.
The 13. of Elizabeth, Cha. 12. fol. 1099. Reformation of disorders in the Ministers of the Church.
The 1. of Iames Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court
Chap. 2. None but suiters shall be destrained to come to a Court.
Chap. 3. A Lord shall not pay a Fine for distraining his Tenant.
Chap. 4. A distresse shall not be driven out of the County. And it shall be reasonable.
Chap. 15. fol. 20. In what places Destresses shall not be taken.
Chap. 20. fol 21. None but the King shall hold plea of false Iudgement.
Chap. 21. fol 21. who may take Replevins of Distresses.
The 3. of Edward the 1. Chap. 17. fol. 27. The remedie if a destresse be impounded in a Castle or Fortresse.
Englands Freedome, Souldiers Rights: Vindicated against all Arbitrary uniust Invaders of them, and in partcicular against those new Tyrants at Windsore, which would destroy both under the pretence of Marshall Law. OR, The just Declaration, Plea and Protestation of William Thompson, a free Com∣moner of England, unjustly imprisoned at Windsore. Delivered to his Excellency Sir Thomas Fairfax, and that which is called his Councell of Warre, the 14. of December, 1647. Unto which is annexed his Letter to the Generall, wherein the said Plea was inclosed. Also a Petition of the rest of his Fellow-Prisoners to his Excellency.
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body of plea