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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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take all or any of your fore nentioned unwarrantable Oathes for he that hath said Thou shalt not kill hath also said thou shalt not in that manner swear And I would fain know of you what confidence the Parliament upon sollid grounds can put upon any men in England that are so ready and willing to swallow your oat●es that now are become nothing else but cloaks of knavery and breeders of strife and mischief therefore for shame say them all down and presse them no more upon any man whatsoever for he that consciensiously maks nothing of an Oath will make as little of breaking his Oa●h whensoever it shall make for his profit ease or preferment whereas to h●m that conscienciously scruples an Oath his bare word promise or ingagement is the sencerest tye in the world which he would not willingly violate for all the earth But Sir to return to your forementioned grand Objection That your Houses are not in a temper to hear my report and to do me justice upon it I pray Sir what is the reason of it Is it because there is a Faction of great men in it that hates my person and therefore though my cause be never so just yet they will do me no right and if so then I tell you plainly without fear they are a company of Factious knaves and not a company of righteous Judges who ought in judgement to be so impartial that they should not regard or respect persons but the justnesse of their cause Or Secondly it is because I have not the Law of the Land sufficiently on my side and if so it is the easier judged against me but why did you receive and approve of my appeple to your house at first but know Sir that although I be no Lawyer yet I dare throw the gantlet to all the Lawyers in England and against them all before any Legall Barre in England will plead my own cause my selfe and justifie and prove the Lords proceedings with me to be point blanke against the good old and unrepealed Law of England and this I will do at my at most perrell yea let the Lords in the front put their lying Champion William Prinn the basest and lyingest of men who in less then eight lines hath told and printed twelve or thirteene notorious lyes against me see Inocencie and truth justified page 4. 5. 6. and hath such a firey zeale to my distruction that in his late booke called The Sword of Christian Majestracy supported hee would have the two Houses without Law by the power of their owne wills to hang me for no other cause in the world but for being zealous and couragious in standing for the Laws and Liberties of England which you and he have sworne vowed and covenanted to maintaine preserve and defend and for which you have shed at least in pretence so much English blood Oh brave Prinn a fit man indeed to be a Privy-Counseller to the great Turke whose will is his Law Or in the third place it is because the Lords are so great that you dare not do me justice and right for feare of displeasing them and if so why doe you not tell the Kingdome so for it is not a ●…t●le conserned in the contest betwixt the Lords and my self that we may follow your former pattren to know the names of them among them that are enemies to our Liberties and just Free some and so indeavour to give them their just defer●s For I read in the 547 548. pages of the first part book Declaration that upon a lamentable Petition of many thousands of pore people in and about the City of London the House of Commons appoynted a conference with the Lords where Mr. Hollis whose actions demonstrats thereby his ambition is not to be lesse then a Duke or a petty King though not in title yet in power and domination one of the chiefest stickler then against the King in the whole house and one of the chiefest Beginners Causers and Promoters of the by-past warres against the King pressed the Lords at there Barre to joyne with the house of Commons in their desire about the Militia and further with many expressions of the like nature desired in words to this effect that if that desire of the House of Commons were not assented too those Lords who were willing to concur in would find some means to make themselves knowne that it might he knowne who were against them and they might make it knowne to them who sent them yea in page 557 ibim it is positively aver'd that he required the names of all those of that House which would not discharge that they then ●alledther Kingdom se the Juncto● notable Declaration at Oxford the ninteenth of March 1643. page 10. 11. 12. and Mr. Hollis his owne printed Speech and if this fore recited practis were just then it is also in the like case just now yea and the rather because our case is ten times worse now then it was then and our Lawes and Liberties principally by the House of Lords means and their Arbitrary confederates in the House of Commons are now a giving up to the eyes of all rationall and knowing impartiall men their last breath yea and verily there is but one step betwixt Us the Commons of England and perfect and absolute slavery which I for my part had rather be hanged if it were possible ten thousand times over then indure but Sir remember that you in your excellent Declaration of the 19. May 1642. 1. part book Declaration pag. 207. tell us that this law is as old as the Kingdom that the Kingdom must not be without a means to preserve it self and I say by your own declared principles that if you our ordinary and legall means will not preserve us but rather destroy us we may justly by extraordinary and rationall means preserve our selves and destroy you our treacherous destroyers Or lastly is it be cause your House hath already done the last Act of Justice that ever they intended to doe for the Commons of England there Impowerers Lords and Masters and therefore I cannot expect the making of my report indeed Sir I ingniously confesse unto you I think this is the true reason indeed though you do not in plain English words tell us as much yet by your actions you undeniablely declare it for truly many say that there is no Iustice nor right to be had at your hands and for our Laws they only serve you to destroy us at your pleasure or to serve your ends when your hot burning malice is incensed against us which if they serve for your ends they shall be your engines tu undoe us But they do not in the least serve to defend or protect us against you but when we should use them against any of you as justly we may See your own excellent Declaration of the 26. May 1642. 1 part book Declar. p. 278. Sir Ed. Cookes 4. part institut chap. of the High Court of
or willingly receive relieve comfort aid or maintaine any such person before-mentioned being at liberty out of prison knowing him to be such as before is expressed shall also for such offence be adjudged a fellon without benefit of Clergie and suffer death lose and forfeits as in case of one attainted of Fellony And this Parliament hath made a solemne League and Covenant and voted that no man shall sit in Parliament without taking it nor no man beare any Office without taking it and you have voted and in severall places made the Freemen of England uncapable to give a voice to choose an Officer if they will not take it in the second Article of which unjust unrighteous and wicked contradicting Covenant all those that take it sweare to extirpate Popery 1 part Book Deel fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament force the Freemen of England against their wills and minds and the Allegation of the fore-mentioned Law and Covenant to pay Tythes the root and support of Popery to a generation of new upstart Romish Priests or Synodian Sion Colledge Jure divino men that have no other Authority and Power to stand by in their function of Presbyterie but what they challenge and derive from Rome having alreadie avowedly in print renounced and scorned any Jurisdiction either from the Parliament or the people of their Parishes by vertue of which their owne avowed claime they are ipso facto within the lash and reach of the fore-mentioned Statute and may by any Freeman of England be indicted at the Assizes or Sessions for Traytors and ought without mercy by the strength of that Law to suffer as Traytors and all those that pay Tythes or otherwise maintaine them after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament and challenge it Jure divino derivitive from the Pope may be indicted as Fellons and ought to die as Fellons Now Sir is it not a piece of gallant justice in the Parliaments Judges Justices and illegall Committee-men to put freemens persons in prison without Baile or Maineprize and to plunder and I think I may say rob divers of them of their goods and cattels for refusing to support Popery after they have sworne to extirpate it by paying of Tythes to a company of Popish Presbyterian Priests that scorne to derive any power from the people of their Parishes and have already publikely and avowedly renounced the Parliaments Power and Authority and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome Fourthly the Law of England hath provided an universall remedy for all the men of England to recover their debts by from those that are indebted to them the benefit of which Law the present Parliament both doe and will injoy and at their pleasure will sue anie freeman in England that is not one of themselves but are so fortified with their big swolne priviledges that no man shall dare to meddle either with their persons or estates though they owe never so much and yet divers of them will neither of themselves pay use nor principall although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars but for the good of the Kingdome and People that choose them that so by the malice of any prerogative man or enemy to the just Libertie of the Commons of England they might not by malicious Arrests be molested troubled diverted or hindered for doing their Countrey faithfull service in the place they had chosen them unto But when this priviledge was first given them which in its selfe is just in its institution though now by the present Parliament-men abused in its execution it remained in them but for certaine weeks for then Parliaments were very short being by the ancient and just unrepealed Law of the Land to be chosen once every year or oftner if need required 4. E. 3.14 36. E. 3.10 it being impossible to be conceived that ever they thought then that any Parliament in England should remaine seven years to the cheating cozening and devouring of particular multitudes of men of their particular debts which now are likely by some Parliament-men to be so long owing them that they will not be claimable or recoverable by Law when this Parliament is ended which by its long sitting is and is more evidently like to be the greatest subversion of Englands Lawes Liberties and Freedomes of any thing that ever was done in England King Charles his seventeen years mis-government before this Parliament as you in your Declarations call it was but a flea-biting or as a mouldhill to a mountain in comparison of what this everlasting Parliament already is and will be to the whole Kingdome and therefore I say and will maintaine it upon the losse of my life that the Commons of England may bid adieu to their Lawes Liberties Freedomes Trades and Properties unlesse they speedily take a course for the electing of a new Parliament for the Members of this Parliament many of them to my knowledge judge themselves subject to no rule nor to be governed by any law but say that they are above Magna Charta and the most excellent Petition of Right and may abolish them although there be divers things in them so founded upon the principles of pure reason which by the fundamentall Maximes of the Law are unalterable Doctor and Student Ch. 2. fol. 4 5. see Innocency and truth justified p. 62. and the Morall Law of God that it is impossible for any power whatsoever to abolish them that is not greater then God or hath not derived a just power from him to dispence with his unchangeable Lawes one of which is That Justice shall never be sold nor impartially administred which is with other most excellent rationall and unalterable things ratified expressely in the 29. Ch. of Magna Charta besides all the rest of most excellent things in those two Lawes confirmed many of which are of universall concernment to all the sons of men under any just Government in the world and as for those things contained in them that are rationally in processe of time upon just experimentall grounds alterable and changeable if you will give us better in their places doe when you will without the doing of which by your own grounds and principles you cannot justly change them being impowered and chosen by us to provide for our weale but not for our woe to provide for our better being but not for our worse being 1 part Book Dec. p. 150. Againe fifthly the Law of England hath provided That whosoever breaks the peace shall be punished or whosoever layes violent hands upon a man and if any man doe it to a Parliament-man he will trounce him for it but they themselves can breake the peace and lay violent hands without cause upon the Freemen of
often late and most illegall and unjust vexatious imprisonments first by the House of Lords to the Fleet secondly he was most illegally by the present Lord Mayor of London fetched out of his shop and committed to New gate for having had in his custody one of the Petitions promoted by the Citizens of London and now thirdly most illegally committed by M. Hollis and the rest of his arbitrary and tyrannicall Committee who had not the least power either by Law or from the House so to doe it And when the said Committee rise the said Citizens by M. Denzill Hollis Sir Philip Stapleton Sir Walter Earle and reverend Sir Samuel Luke with other of their right worthy comrades the planters of tyranny injustice and oppression were abused and called by some of them rogues villains seditious factious fellowes and violent hands laid upon them offering to beat and cane them and to draw their swords upon them and haled and pulled some of them to make them prisoners by the law of their owne will and then the fore-mentioned Members of the House made a most false unjust and untrue report the next day unto the House of the said Citizens carriage and particularly of Major Tulidah by meanes of which the House of Commons outstripped the Pagan Judges of Paul in injustice Act. 25.17 and past a vote to commit or condemne Major Tulidah to prison without hearing or examining any witnesses against him or so much as hearing him to speake one word for himselfe although he waited then at the door of purpose expecting to be called in to speake for himselfe which was not affoorded unto him his fore-mentioned adversaries being both Informers Jurors and Judges but without any more adoe clapt by the heels Which act of the House of Commons is an act of so much basenesse and injustice that the very Heathen and Pagan Romanes will rise up in judgement against these imaginary pretended Christians who by the single light of nature were able to answer Pauls adversaries when they would unjustly have had judgement against him that it is not the manner or Law of the Romanes then Infidells Pagans and Heathens to deliver any man to die before that he which is accused have the accusers face to face and have license to answer for himself concerning the crime laid against him Act. 25.17 But Major Tulidah being in prison as well as M. Nicholas Tue their fore-said friends and fellow-Citizens the next day framed a Petition to the House of Commons Upon the reading of which Petition M. Denzill Hollis and Sir Philip Stapleton knowing their owne guilt and how basely and unworthily they had abused not onely the said Major Tulidah and his friends but also the House in telling and reporting unto them such lies and falshoods of them as they themselves had done they themselves being the truly guilty persons and knowing very well that if Major Tulidah c. had comed to the Bar as both he and his friends desired their basenesse lies and falshoods would have been laid open to their faces before the whole House to prevent which they themselves became and were the principall instruments at the hands of the House to get him his liberty although themselves were the principall instruments to get the House to clap him by the heels yea and have set their agents and instruments also upon honest M. Tue to get him to frame a few lines by way of Petition to the House for his liberty which he absolutely refusing to this very day remaines in the messengers hands a prisoner at Westminster to the apparent ruine and destruction of the poore man contrary to all Law and Justice there being no colour of law or justice for his first commitment and as little law fot the continuation of it which clearly appeares by the Speakers arbitrary and tyrannicall Warrant which thus followeth BY vertue of an Order of the House of Commons these are to require you that Nicholas Tue now in your custody be continued in safe custody untill the pleasure of the House be signified to you to the contrary And for so doing this shall be your Warrant Dated the 19. of March 1646. William Lenthall Speaker To Edward Birkhead Esquire Serjeant and Armes attending the House of Commons I do nominate and appoint George Brag and Henry Radley Gentlemen to be my lawfull Deputies for the due execution of this Warrant dated the 19. of March 1646. Edward Birkhead Serjeant at Armes I pray Sir be judge your selfe whether this Warrant of M. Speakers be not absolutely point-blank against the Law which you have all sworne to maintaine and against the very words of the most excellent Petition of right made in the third yeare of the present King which expressely requires that in all commitments the cause of the commitment shall be expressed which is not in this and so poor M. Tue is deprived of his legall and hereditary priviledge to seek at Kings-Bench Barre c. for a habias corpus and the rather because this tyrannicall warrant hath no legall conclusion as it ought to have viz. and him safely to keep untill he be delivered by due course of Law as Sir Edward Cook your owne learned Oracle of the Law declares in his 2. part of Institutes fol. 52. which is printed by your own special order and yet by your House or at least your Speaker who ought to bee the Conservators of the Law and severe punishers of the violators of it poor M. Tue must be without the least shadow of cause disfranchised spoyled and robbed of the benefit of the Law and must by your wills remaine in prison till it be the pleasure of your House to do justice which I am confident in the way you goe and have lately gone must be till doomes-day in the afternoone for I am sure you have lost the very soule essence and being of true Magistracie which is to doe justice judgement and right and to relieve the afflicted the helplesse fatherlesse and widdow and to let the oppressed goe free and are I will maintaine degene rated into the notoriousest packe of Tyrants that ever in the world were assembled together since Adams creation that professed Humanity Morality and Christianity minding visibly nothing in the world but pleasure oppression tyranny cheating and couzening the whole Kingdome of its treasure and revenue trades lives bloods liberties and properties for which I protest before the Almighty God in my judgement you deserve nothing ●…t to be pulled out by the eares and throwne out to the dunghill and be trodden under-foot by all men that have but the least sparks of justice honor conscience or honesty in them I profess I cannot fully acquit one man of you that sits there being all of you in the eye of both law and reason Accessaries unto the Principals by your base silent tame and patient sitting there and not protesting against their Actions professedly and publikely to the whole Kingdome Acts 7.58 compared