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A88241 Rash oaths unwarrantable: and the breaking of them as inexcusable. Or, A discourse, shewing, that the two Houses of Parliament had little ground to make those oaths they have made, or lesse ground to take, or presse the taking of them, being it is easie to be apprehended, they never intended to keep them, but onely made them for snares, and cloaks for knavery, as it is clearly evinced by their constant arbitrary and tyranicall practices, no justice nor right being to be found amongst them; by meanes of which they have declaratorily, and visibly lost the very soule and essence of true magistracy, (which is, the doing of justice, judgement, equity ... In which is also a true and just declaration of the unspeakable evill of the delay of justice, and the extraordinary sufferings of Lievtenant Colonell John Lilburne, very much occasioned by M. Henry Martins unfriendly and unjust dealing with him, in not making his report to the House. All which with divers other things of very high concernment, are declared in the following discourse, being an epistle, / written by Lievtenant-Colonell John Lilburne, prerogative prisoner in the Tower of London, to Colonell Henry Marten, a member of the House of Commons of England ... May 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2167; Thomason E393_39; ESTC R201615 53,968 58

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King of Kings unto whom all power in Heaven and Earth was to be committed to make absolute perfect sperituall Lawes unalterable unchangable by any King Parliament or Potentats whatsoever Fourthly whether there can be greater treason committed on earth by man against Jesus Christ then to disclaime and renounce him and his absolut Kingship by swearing that either the Pope or any King Parliament or Potentats are the head or onely supreame Governour in their severall Kingdomes Dominions or Jurisdictions in all Sperituall or Ecclesiasticall things or causes Lastly whether Kings Parliaments and Magestraites as Kings Parliaments and Magestrates have any thing at all to doe with the Sperituall House City or Church of Christ on earth and whether that if any of them clame any interest power or authority in the Church of Christ it be not by vertue of their Saintship not Kingship and whether or no● the worship and service of the soule spirit or inward renewed man be not the absolute alone and onely right of God and as much his single due without compettitors as the obedience and subjection of the body outward man and estate is the right and due of Caesar Kings Parliaments or Potentats But Sir to returne back againe unto the Oath I beseech you let me aske you whether are not those men forsworne that have taken the formentioned Oaths and then within a little while after give men commissions to fight with kill and slay the very same man they had so sworne unto for the tenor of the Earle of Essex Commission was to kill and slay all those that opposed him and in the head of that Army who opposed him was the King who was as possibly to have been killed in the battle as any other in the Army Nay Sir is it not the highest of contradictions that when you have authorized men three or foure yeares to fight against the King and have taken him prisoner and so keep him yet you shall force men although they be freely chosen by their Country before you will admit them to set in your house to take the fore recited Oaths to be true to the King truely for my part the Oaths to me are so notablely penned that I know not with what evasions or distinctions you or any of you that have taken the said Oaths are able rationally to free your selves considering your actions from being forsworne and perjured if a man may so call it befor conviction I pray you Sir give me leave here to recite your late negative Oath and so whether it be not point blank against the Oaths of Allegience and Supremisie before recited the negitive Oath begins thus I A. B. do sweare from my heart that I will not directly nor indirectly adheare unto or willingly assist the King in this Warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this Cause or Warre and I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is with any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advise of the King or any of his counsell or Officers other then what I have now made knowne so helpe me God and the contents of this Booke This is the Oath that all the Cavaliers take or by your orders ought to take before they can make their composition therfor I pray you let me aske you these question First whether or no this Oath called the Negative Oath be not absolutly point blanke opposit against the Oaths called the Oaths of Suppremisie and Allegience Secondly whether or no are not all those Cavaliers that take this Negative Oath that have taken the two former absolutly forsworne and perjured and what trust or confidence is to be put in perjured Persons I leave you to judge Thirdly Whether or no are not the Parliament it self the maine instruments of these mens perjury in forcing many times this negative Oath and others upon them against their wills mindes and consciences and so for any thing they know send them headlong to the devill which is one of the most wickedest actions in the world Now Sir to conclude this point I would faine in the third place know how it is possible for any of you to sw●er in truth in judgement and in righteousnesse as you ought Iere. 4.2 When you take or make Oaths by formes the ingredients of which admits in your own understandings of various interpretations so that you are but in a doubting condition whether that sense you take it be the true sense or no and so hereby the end of an Oath is frustrate in you for by Gods appointment it ought to be the end of all controvercy and strife Heb. 6.16 but to you these Oaths are but the beginning of them and so in that preticular alone altogether unlawfull Fourthly Seeing Iesus Christ in the fist of Matth. 34.35,36,37 expresly saith Sware not at all neither by heaven for it is Gods throne nor by the earth for it is his foot-stool neither by Hierusalem for it is the city of the great King Neither shalt thou swear by thy head because thou canst not make one haire white or black But let your communication be yea yea nay nay for whatsoever is more then these commeth of evill and the Apostle Iames chap. 5 12. saith but above all things my brethren sware not neither by heaven neither by the earth neither by any other Oath but let your yea be yea and your nay nay lest ye fall into condemnation And seeing that in all the New Testament there is not the least rule at all for any that professe the fear of God to forsware at all in any case whatsoever unlesse it be that a ground for swearing can be fetched from that of the sixth of the Hebrewes 16. which if it can it is but in one case only namely for confirmation of that truth which a man delivers for the ending of all strife as I conceive betwixt party and party but that which a man swears he must be sure of it and that hee knowes it in his own knowledge to be true or else hee sweares not as God requires as before is truly observed Now Sir these things premised and seriously considered I desire to know of you from whence you or any Parliament upon earth fetcheth and derives your Power Ground or Authority to make and impose such formes of Oathes as the Oathes of Supremacy and Allegiance are or the Oathes of your Vowes and Covenants before mentioned are that have not only so many dubious things in every one of them but also are expresly against the positive command of Christ the Anointed King of Saints as well as King of kings and by whom Kings rule for my part I protest it freely before the God of heaven and earth I think it as lawful for me to cut mine own throat as to
and not to be justified and which I my selfe felt as much as any man in England yet compared to yours was glorious and beautifull for did he ever cause to be burnt by the hands of the Common hangman the Petitions of those that he by his Declarations had invited to Petition to him and who in his greatest straites had been most hazardous for him and truest and firmist to him both of which you have done as is before proved Neither in the second place did I ever read that he did proclame and declare such men to be Rebells and Traitors but for going about to make their just and pressing grievances knowne which you have done to the Army yea to such an Army as I thinke I may iustly say in every particular the world never had any as may larger appeare by their Petition and your declaration which as it is printed by themselves or some of their friends thus followeth The Armies Petition TO HIS EXCELLENCY SIR THOMAS Fairfax Generall for the Parliaments Forces The humble Petition of the Officers and Soldiers of the Army under your Command Sheweth THat ever since our first ingagement in the service for the preserving the power of this Kingdome in the hands of the Parliament we have in out severall places served them with all faithfullnesse and although we have laine under many discouragements for want of pay and other necessaryes yet have we not disputed their commands disobeyed their Orders nor disturbed them with petitions nor have there any visible discontents appeared amongst us to the incouragement of the enemie and the impediment of their affaires but have with all cheerfullnesse done Summer service in Winter seasons improving the utmost of our abillities in the advancement of their service and seeing God hath now crowned our indeavours with the end of our desire viz. the dispercing of the pulique Enemie and reducing them to their obedience the King being now brought in our brethren the Scots now satisfied and departed the Kingdome all danger seemingly blown over and peace in all their quarters We imboldned by the many fold promises and Declarations to defend and protect those that appeared and acted in the service doe herewith humbly present to your Excellency the annexed Representation of our desires which we humbly beseech your Excellency to recommend or represent in our behalfe unto the Parliament and your Petitioners shall ever honour and pray for your Excellency c. The humble Representation of the desires of the Officers and Soldiers of the Army under the command of his Excellency Sir Thomas Fairfax presented first ●o his Excellency to be by him presented to the Parliament 1. Whereas the necessity and exigency of the warre hath put us upon many actions which the law would not warrant nor we have acted in a time of setled peace we humbly desire that before our disbanding a full and sufficient provision may be made by Ordinance of Parliament to which the royall affent may be desired * * * In this we desire no more then the City and Parliament have done before us notwithstanding their many notable and home Declarations against the King for our indemnity and security in all such cases 2. That Auditors and Commissioners may be speedily appointed and authorized to repaire to the Head quarters of this Army to audite and state our accompts as well for our former service as for our service in this Army and that before the disbanding of the Army satisfaction may be given to the Petitioners for their Arrears that for the charge trouble and losse of time which we must otherwise necessarily undergoe in attendance for obtaining of them may be prevented we having had experience that many have been reduced to miserable extremity even almost starved for want of reliefe by their tedious attendance and that no Officer may be charged with any thing in his accompts that doth not particularly concerne himselfe 3. That those who have voluntarily served the Parliament in the late war may not hereafter be compelled by presse or otherwise to serve as Soldiers out of this Kingdome nor those who have served as Horse-men may be compelled by presse to serve on foot in any future case 4. That such in this Army as have lost their lives and the wives and children of such as have been slaine in the service and such Officers and Soldiers as have sustained losses or have been preiudiced in their estates by adhering unto the Parliament or in their persons by sicknesse or imprisoment under the Enemy may have such allowance and satisfaction as may be agreeable to iustice and equity 5. That till the Army be disbanded as aforesaid some course may be taken for the supply thereof with money whereby we may be inabled to discharge our quarters that so we may not for necessaries be forced to be beholding to the parliaments Enemies burthensome to their friends or oppressive to the Country whose preservation we have alwayes indeavoured and in whose happinesse we shall still reioyce Courteou-Reader The foregoing is a true copy of the Petition promoting in the Army which the Parliament are too much offended with and therefore let the righteous God and all ingenious men iudge if the desires of this Army be not rationall iust and equitable and let the Lord of Heaven and Earth behold what here is desired to occasion such a Declaration against this innocent Army 〈◊〉 any the Officers thereof as is here unto annexed and let men that love 〈◊〉 ●…edome and hate tyrants looke about and consider if it be not the deug●… of those few men that abuse the Parliament maliciously making odious reports 〈◊〉 the House of the actions of that Army in the worse sence they can devise as Stapleton Hollis Luke and Earle lately did in the like c●… 〈◊〉 abominable act of cōmitting Ma. Tulidah without ever he●ring what a 〈◊〉 say for himselfe an●niurie so much former●y complained of by the●… 〈◊〉 and ●…act of the highest iniustice in the world to condern●… 〈…〉 ●…aring and when both his friends and himselfe did most 〈…〉 ●e might be brought to their barie that the hon●… 〈…〉 ●…tly informed of the demeanor of these Members 〈…〉 ●…ri●g ●hat Ma●or Tulidah should discover them at th●… 〈…〉 ●…emies to the legall and iust liberties of the people which to prevent they became the only instruments to get him his liberty and with ut hearing they forthwith got him released A Declaration of the Lords and Commons assembled in Parliament Die Martis 30. Martii 1647. THat the two Houses of Parliament having received information * * The informers are said to be Col. Rossiter and Col. Harlow both members of the House of Commons and the Army likewise of a dangerous Petition with representations annexed tend●ng to put the Army in a distemper and muteny to put conditions upon the Parliament and obstruct the reliefe of Ireland which hath been contrived and promoted by some persons in the Army