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A90228 An arrow against all tyrants and tyrany, shot from the prison of New-gate into the prerogative bowels of the arbitrary House of Lords, and all other usurpers and tyrants whatsoever. wherein the originall rise, extent, and end of magisteriall power, the naturall and nationall rights, freedomes and properties of mankind are discovered, and undeniably maintained; ... the late Presbyterian ordinance (invented and contrived by the diviners, and by the motion of Mr. Bacon and Mr. Taet read in the House of Commons) examined, refuted, and exploaded, as most inhumaine, tyranicall and barbarous. / By Richard Overton prerogative archer to the arbitrary House of Lords, their prisoner in New-gate, ... sent by way of a letter from him, to Mr Henry Martin, a Member of the House of Commons. Imprimatur rectat justitia. Overton, Richard, fl. 1646. 1646 (1646) Wing O622; Thomason E356_14; ESTC R201139 14,134 20

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the Legislative power is not in the King himselfe but only in the Kingdome and body Representative who hath power to make or to abrogate Lawes Statutes c. even without the Kings consent for by law he hath not a negative voyce either in making or reversing but by his own Coronation Oath he is sworne to grant fulfill and defend all rightfull Lawes which the COMMONS of the Realme shall chuse and to strengthen and maintain them after his power by which clause of the oath is evident that the Cōmons not the King or Lords have power to chuse what Lawes themselves shall judge meetest and thereto of necessity the King must assent and this is evident by most of our former Kings and Parliaments and especially by the staignes Edw. 1. 2. 3. 4. Rich 2 Hen. 4. 5. 6. So that it cannot be denied but that the King is subordinate and inferiour to the whole Kingdome and body Representative Therefore if the King much more must the Lords vaile their Bonets to the Commons and may not be esteemed the upper House or Supreame Court of Judicature of the Land So that seeing the Soveraigne power is not originally in the King or personally terminated in him then the King at most can be but chief Officer or supream executioner of the Lawes under whom all other legall executioners their severall executions functions and offices are subordinate for indeed the Representers in whom that power is inherent and from whence it takes its originall can only make conveyance thereof to their Representors vicegerents or Deputies and cannot possibly further extend it for so they should go beyond themselves wich is impossible for ultra posse 〈◊〉 〈◊〉 there is no being beyond the power of being That which goes beyond the substance and shaddow of a thing cannot possibly be the thing it selfe either substantially or vertually for that which is beyond the Representors is not representative and so not the Kingdomes or peoples either so much as in shaddow or substance Therefore the Soveraigne power extending no further then from the Represented to the Representors all this kind of Soveraynity challenged by any whither of King Lords or others i● usurpation illegitimate and illegall and none of the Kingdomes or Peoples neither are the People thereto obliged Thus Sir s●ing the Soveraigne or legislative power is only from the Represented to the Representors and cannot possibly legally further extend the power of the King cannot be Legislative but only executive and he can communicate no more then he hath himselfe and the Soveraigne power not being inherent in him it cannot be conveyed by or derived from him to any for could he he would have carried it away with him when he left the Parliament So that his meere prerogative creatures cannot have that which their Lord and creator never had hath or can have namely the Legislative power For it is a standing 〈◊〉 in nature omne simile generat simile every like begetteth its like and indeed they are as like him as if they were spit out of his mouth For their proper station will not content them but they must make incursions inroads upon the Peoples rights and freedomes and extend their prerogative pattent beyond their Masters compasse Indeed all other Courts might as well challenge that prerogative of Soveraignity yea better then this Court of Lords But and if any Court or Courts in this Kingdome should arrogate to themselves that dignity to be the supreame Court of Judicatory of the Land it would be judged no les then high Treason to wit for an inferiour subordinate power to advance and exalt it selfe above the power of the Parliament And Sir the oppressions usurpations and miseries from this prerogative Head are not the sole cause of our grievance and complaint but in especiall the most unnaturall tyranicall blood-thirsty desires and continuall endevours of the Clergy against the contrary minded in matters of conscience which have been so vailed guilded and covered over with such various faire and specious pretences that by the common discernings such woolseish canniball inhumaine intents against their neighbours kindred friends and countrymen as is now clearely discovered was little suspected and lesse deserved at their hands but now I suppose they will scarce hereafter be so hard of beliefe for now in plain termes and with open face the Clergy here discover themselves in their kind and shew plainly that inwardly they are no other but ravening wolves even as rearing Lyons wanting their pray going up and down seeking whom they may devour For Sir it seems these cruell minded men to their brethren have by the powerfull agitation of M. Taet and M Bacon two members of the House procured a most Romish inquisition Ordinance to obtain an admission into the House there to be twice read and to be referred to a Committee which is of such a nature if it should be but confirmed enacted and established as would draw all the innocent blood of the Saints from righteous Abel unto this present upon this Nation and fill the land with more Martyrdomes tyranies cruelties and oppressions then ever was in the bloody dayes of Queen Mary yea or ever before or since For I may boldly say that the people of this Nation never heard of such a diabollicall murthering devouring Ordinance Order Edict or Law in their Land as is that So that it may be truly said unto England wo to the inhabitants thereof for the Divell is come down unto you in the shape of the letter B. having great wrath because he knoweth he hath but a short time for never before was the like hear'd of in England the cruel villanous barbarous Martyrdomes murthers and butcherys of Gods People under the papall and Episcopall Clergy were not perpetated or acted by any Law so divelish cruell and inhumain as this therefoee what may the free People of England expect at the hands of their Presbyterian Clergy who thus discover themselves more firce and cruell then their fellowes Nothing but hanging burning branding imprisoning c. is like to be the reward of the most faithfull friends to the Kingdome and Parliament if the Clergy may be the disposers notwithstanding their constant magnanimity fidelity and good service both in the field and at home for them and the State But sure this Ordinance was never intended to pay the Souldiers their arears if it be the Independents are like to have the bast share let them take that for their comfort but I believe there was more Tyth providence then State thrift in the matter for if the Independents Anabaptissts and Brownists were but sinceerly addicted to the DVE PAYMENT of TYTHES it would be better to them in this case then two subsipy men to acquit them of Fellony For were it not for the losse of their Trade and spoyling their custome an Anabaptist Brownist Independent and Presbyter were all one to them then might they without doubt have the Mercy of the Clergy
him as a Peer of the Land Yet notwithstanding all this the Earles Barons and Peers being over swaid by the King did award and adjudge as judges of Parliament by the assent of the King in the said Parliament that the said Simon as a traitor enemy of the Realm should behanged drawn and execution accordingly was done But as by the said Roll appeareth it was by full Parliament condemned and adjudged as illegall and as a precident not to be drawn into example the words of the said Roll are these viz And it is assented and agreed by our Lord the King and all the Grandees in full Parliament that albeit the said Peers as judges in full Parliament took upon them in presence of our Lord the King to make and give the said Judgement by the assent of the King upon some of them that were not their Peers to wit Commoners by reason of the murther of the Leige Lord and destruction of him which was so neer of the blood royall and the Kings Father that therefore the said Peers which now are or the Peers which shall be for the time to come be not bound or charged to give judgement upon others then upon their Peers nor shall doe it but of that for ever be discharged and acquit and that the aforesaid Judgement now given be not drawn into example or consequent for the time to come by which the said Peers may be charged hereafter to Judge others then their Peers being against the Law of the Land if any such case happen which God defend Agreeth with the Record William Collet But notwithstanding all this our Lords in Parliament take upon them as Judges in Parliament to passe judgement and sentence even of themselves upon the Commoners which are not their Peeres and that to fining imprisonment c. And this doth not only content them but they even send ●orth their armed men and beset invade assault their houses and persons in a warlike manner and take what plunder they please before so much as any of their pretended illegall warrants be shewed as was lately upon the eleventh of August 1646. perpetrated against mee and mine which was more then the King himselfe by his legall Prerogative ever could doe for neither by verball commands or commissions under the Great Seale of England he could ever give any lawfull authority to any Generall Captaine or person whatsoever without legall tri●ll and conviction forceibly to assault rob spoile or imprison any of the free Commoners of England and in case any free Commoner by such his illegall Commissions Orders or warrants before they be lawfully convicted should be assaulted spoiled plundered imprisoned c. in such cases his agents and ministers ought to be proceeded against resisted apprehended indicted and condemned notwithstanding such commissions as Trespassers Theeves Burglarers Felons Murderers both by Statute and common Law as is enacted and resolvd by Magna Charta cap. 29. 15. Eliz 3. stat 1. cap. 1 2 3 42 Eliz 5. cap. 1 3. 28. Eliz. 1. Artic. sup chartas cap. 2. 4. Eliz. 3. cap 4 5. Eliz. 3 cap. 2. 24 Eliz. 3. cap. 1. 2. Rich. 2. cap. 7. 5. Rich. 2. cap. 5. 1. Hen. 5. cap. 6. 11. Hen. 2. cap. 1. to 6. 24. Hen. 8. cap. 5. 21. Jacob. cap 3. And if the King himselfe have not this Arbitrary power much lesse may his Peeres or Companions the Lords over the free Commons of England And therefore notwithstanding such illegall censures and warrants either of King or of Lords no legall conviction being made the persons invaded and assaulted by such open force of Armes may lawfully arme themselves fortifie their Houses which are their Castles in the judgement of the Law against them yea disarme beat wound represse and kill them in their just necessary defence of their own persons houses goods wives and families and not be guilty of the least offence as is expresly resolved by the Statute of 21. Edw. de malefactoribus in parcis by 24. Hen. 8. cap. 5. 11. Hen. 6. 16. 14. Hen. 6. 24. 35. Hen. 6. 12. E. 4. 6. And therefore Sir as even by nature and by the Law of the Land I was bound I denyed subjection to these Lords and their arbit●●ry creatures thus by open force invading and assaulting my house person c. no legall conviction preceding or warrant then showen but and if they had brought and shewen a thousand such warrants they had all been illegall antimagisteriall void in this case for they have no legal power in that kind no more then the King but such their actions are utterly condemned and expresly forbidden by the Law Why therefore should you of the Representative Body sit still and suffer these Lords thus to devour both us and our Lawes Be awakned arise and consider their oppressions and encroachments and stop their Lord-ships in their ambitious carere for they do not cease only here but they soar higher higher now they are become arrogators to themselves of the natural Soveraignity the Represented have conveyed and issued to their proper Representors even challenge to themselves the tittle of the Supreamest Court of Judecature in the Land as was claimed by the Lord Hounsden when I was before them which you may see more at large in a printed letter published under my name intitled A Defiance c. which challenge of his I think I may be bold to assert was a most illegall Anti-parliamentary audacious presumpsion and might better be pleaded and challenged by the King singly then by all those Lords in a distinction from the Commons but it is more then may be granted to the King himselfe for the Parliament whole Kingdom whom it represents is truly and properly the highest Supream power of all others yea above the King himselfe And therefore much more above the Lords for they can question Cancell disanull and utterly revoake the Kings own Royall Charters Writs Commissions Pattents c. Though ratified with the Great Seale even agianst his personal wil as is evident by their late abrogation of sundry Patents Cōmissions writs Charters Lone Shipmony c. yea the body Representative have power to enlarge or retract the very prerogative of the King as the Statute de praerog Reg. and the Parliament Roll of 1. Hen. 4. num 18. doth evidence and therefore their power is larger and higher then the Kings and if above the Kings much more above the Lords who are subordinate to the King and if the Kings Writs Charters c. which intrench upon the weale of the People may be abrogated nul'd and made voide by the Parliament the Representateve body of the Land and his very prerogatives bounded restrained limited by them much more may the Orders Warrants Commitments c. of the Lords with their usurped prerogatives over the commons and People of England be restrained nul'd and made void by them and therefore these Lord● must needs be inferiour to them Further