An Hue-and Cry AFTER THE Fundamental LAW and Liberties OF ENGLAND  
Occasionally written upon the stealing of one of the grand Assertors of Them out of Newgate, by a Party of men on horseback, pretending themselves to be Soldiers, raised and paid by the People of England (not for the Subversion,) but the preservation of the said Laws and Liberties, etc.  
Together with some Queries, and brief Resolves, touching the present state of Things: Written for the consolation of the Saints now reigning.  
By a Wellwisher to the Saints now reigning on earth, had they had the patience to have stayed till the People had chose them, or that Christ the King of Saints above— had settled the Government upon them.  
Europe, Printed in a year of Melodius Discord, To the Tune of the Cross and the Harp, when the Servants are Princes, and the Masters are Slaves.   

A Hu-and Cry after the fundamental Laws and Liberties of England, etc.  
YOU are immediately upon sight hereof, to make your repair 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 Battles and Conflicts during the late Destroy in intestine wars, in defence of the said Jewels, heretofore called and known by the Fundamental 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 Englishmen 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 essential things concerning the Privileges 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 Supreme Magistrates do that cease to rule by known Laws and Rules, merely by his Arbytrary Will and Power.  
And 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 Supreme Trust, may betray their Trust, and so degenerate into Tyrants, aswell as Kings, and so the Tyranny be more absolute, and more evil than that of Kings, considering that Evil or Tyranny in a Community, is worse than Unity: 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, etc. And therefore in your search and inquiry, you are to take diligent notice, whether any person or persons being the people's 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 supreme Trust, any way violated, or endeavoured to violate any of the said Privileges or Immunities belonging to the good people of England. One special Pearl belonging to the said Cabinet bear these words, No free man shallbe taken ●r imprisoned, or be disseized of his freehold, or liberty, or free Customs, or be outlawed or exiled, or any ways destroyed, or be passed upon, or any way dealt with, but by the Judgement of his Peers, that is, by a Jury of 12 sworn men of the Neighbourhood. No man from henceforth shall be attached by any Accusation, nor forejudged 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, etc.  
From henceforth no man shallbe 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 clearly 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 disinherited, 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 may see in the Cabinet: And because it is more than strongly suspected, that some Grandees pretending to Honesty, and to common Right and Freedom, and upon and by means of the said public pretences, have enlarged their possessions by the Ruins of the Public: 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 proceed hath been had against him, since these public Liberty-pretending Times, viz. Since the Parliament was broken a pieces by Col. Pride, by advice and consent of the General and Council of Officers, merely pretending, that Necessity had constrained them to take that course, they knowing no other way to secure the people's 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 wronged in his estate, which, in any English man's judgement, 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 Privileges) 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.  
Resolved upon the Question, That the Fine of 3000 l. be imposed upon Lieu. Col. john Lilburn, to be paid to the use of the Commonwealth, That he be fined 2000 l. more to be paid to Sir Arthur Haslerig for his damages, and 2000 l. more to be paid to james Russel, Edward Winslow, William Mollins, Arthur Squib, Esquires, four of the Commissioners for compounding, that is to say, to each of them 500 l. for their damages.  
Resolved upon the Question, That Lieu. Col john 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 proceed against one of its Natives: and therefore I can but wonder at the Kentish men's flattery in their late Petition against Tithes: in the preamble of which Petition they say, That the glory of Christ's 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, Hypocrisy, 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 Judgement could be legally given in Parl. against him as is pretended, because that before any Judgement 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 outlawed for not appearing. Thirdly, if the party appears, he must either confess the Crimes or Misdemeanours whereof he is accused, or else plead to the Indictment, Presentment, or Information, and come to trial thereupon. Now if you consider the manner of their proceed against Mr. Lilburn, you will soon find, that instead of coming to a legal Hearing, and what proof they had against him to prove any matter of Fact, he was only 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 Merchandise, and ●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 than ever the Gentleman was worth, though it cannot be denied but he hath deserved more of the Commonwealth, than 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 proceed against him since his Return, and you will find abundance of malice against the person of the Gentleman, if not an anso●●ure endeavour to subvert the said Laws and Liberties; which if once effected, the good people of this Commonwealth will have nothing left to defend them in thei● lives, liberties, and estates, but the absolute Wills of those now endeavour the subversion of the said Laws. What else was the meaning that such endeavours 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 Judgement upon which that pretended act was Grounded was no Judgement, but some Certain arbitrary votes; and if the Judgement was no Judgement 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 their Refusal to grant him the Oyer, he was Constrained to Join Jssue and to Cast himself upon the Jury for his Trial and the Jury brought in their verdict according to their Oaths 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 being acquitted by a Jury of 12 Sworn men of the Neighbourhood it was expected he should have been enlarged Speedily upon it, as by the Law of the Land he ought to be, but Contrary to Expectation he was detained in Newgate till the 28 of August upon which day Early in the Morning betwixt 3 and 4 of Clock he was fetched 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 near him, and no cause of his deteinement known or expressed in any warrant of commitment, as aught to be, 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 arbitrary Court or other seein● English men will act according to their Consciences, and not to serve 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 trial by Juries and then farewell 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 Supreme 〈◊〉 hou●… 〈◊〉 the 3 Nations (it's no matter by whom) and that they will be as 〈◊〉 of the Life's Liberties and Estates of all others as of their own 〈◊〉 posterities whom they expect still to be Governed by Succe●…ve parliaments.  
Now Let the world judge whether the Actions of men be answerable to their protestations; can any man imagine, that if any one or more of them should have undergone so severe a trial for their lives and being acquitted by a jury would have been Content to be still detained in prison, and no cause shown wherefore; and not only so, but to be 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 believe; and therefore what M●chivel said of Alexander the sixth, may be said of these men; Alexander the sixth saith he 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 Solemn, and observe them less than 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 diligent and Impartial, especially among the great Ones, Because one of the Grandees said not long since that he knew not whether there were Any fundamental Laws 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 Laws and therefore he would persuade the people not to Look for the Maintanance of the said Laws, 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 Suspicion.  
You are also to make Diligent Search and enquiry into all Histories and Records of Antiquity, and especially into the Reign of Queen Marie for a precedent and Parallel case, to justify the now Governors in their late proceed againg Mr. John Lilurbn, which if you do, which is much feared you shall be Exceedingly well Rewarded for your pains because the Aturney General is thought to be very busy 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 Physic and spitting his plums to Cheer his throat that the next time he comes to the bench, either the Court or himself 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 Matthew, 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 piece of service, and may expect your Reward; and for your so doing this shall be your sufficient warrant. Given under our hands Signed by popular order and appointment  
Anonymous.  
FINIS.