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A88227 The oppressed mans oppressions declared: or An epistle written by Lieut. Col. Iohn Lilburne, prerogative-prisoner (by the illegall and arbitrary authority of the House of Lords) in the Tower of London, to Col. Francis West, lieutenant thereof in which the oppressing cruelty of all the gaolers of England is declared, and particularly the lieutenants of the Tower. As also, there is thrown unto Tho. Edwards, the author of the 3d. ulcerous gangræna, a bone or two to pick: in which also, divers things are handled, of speciall concernment to the present times. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2149; ESTC R202786 33,231 28

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themselves all forsworn that had a finger in that vote and so a people not fit to be trusted For by their late vote no man what ever must preach and declare Jesus Christ but be that is Ordained that is to say unlesse they be depending on the Bishops by Ordination or else on the Presbyters who are no Presbyters unlesse they depend on the Bispops for their Ordination for they have no other and what is this else but to punish every one that shall truly endeavour the true and reall performance of the Covenant Truly we have lived to a fine forsworn age that men must be punished and made uncapable to be are any office in the Kingdome if they will not take the Covenant And then if they doe take it it shall be as bad it they will not forsweare themselves every moment of time that the assembly shall judge it convenient and the house of Commons vote it And truly there is in my judgment a good stalking horse for this practice in the Assembly of Dry-vines alias Divines Deut 32.32.33 Esa 44.25 Ehortation to take the Covenant in these words and if yet there should any oath be found into which any Ministers or others have entred not warranted by the Lawes of God and the Land in this case they must teach themselves and others that such Oathes call for repentance not partinary in them that is to say that neither the Covenant nor any other Oath whatsoever that they have before or hereafter shall take binds them any longer then the time that they please to say it is not warrantable by the Lawes of God and the Land and so by this Synodian Doctrine a man may take a hundred Oathes in a day and not be bound by any of them if he please Besides I would faine know if by the Parliaments so eager pressing of the Covenant they doe not presse the hastning of many of their owne destructions For by the Covenant every man that takes it is bound thereby to maintaine and preserve the Fundamentall lawes of the Kingdome which is every day trodden under foot by some of the members of both Houses arbitray practices not only towards Cavaliers for which they have some colour by pleading necessity but also towards those of their owne party that have as freely and uprightly adventured their lives to preserve the lawes and liberties of the Kingdome as any of themselves for justice and right effectually they have scarce done to any man that is a suiter to them And therefore I here challenge all the Members of both Houses from the first day of their sitting to this present houre to instance me that man in England that is none of themselves nor dependance upon themselves that they have done effectuall justice to though they have had thousands of Petitioners and Complainants for grand grievances before the Parliament some of which have to my knowledge even spent themselves with prosecuting their businesse before them and run themselves many hundred pounds thick into debt to manage their businesse before them and yet to this houre not one peny the better and yet they can find time enough since I came prisoner to the Tower to vote or share about 200000 l. of the Common wealths money amongst themselves as may cleerly be particularized by their owne newes books c. licensed by one of their Clerks O horrible tyrannicall wickednesse Was a Parliament in England ever called for that end as to rob and poll the poore common people and to force those that have scarce bread to put in their mouthes to pay excise and other taxations or else to rob and poll the poore common people and to force those that have scarce bread to put in their mouthes to pay excise and other taxations or else to rob and plunder them of all they have and then share it amongst the members of both houses as 10000. l. to one man 6000. l. to another 5000. l. c to another and this many times to those that never hazarded their lives for the Weal-publique no nor some of them never intended I am confident of it good to the generality of the people but that they should be as absolutely their vassals and slaves if not more as ever they were the King O thou righteous and powerfull Iudge of Heaven and Earth that of all the base things in the world hatest and abhorrest dissemblers hypocrires Ier. 7.9 10 11 12. to 16. Mat 23. deale with these the greatest of Dissemblers thy selfe who like so many bloody and cruell men have ingaged this poor Kingdome in a bloody and cruell war pretendedly for the preservation of their lawes and liberties when as God knowes by a constant series of actiont they declare they never truly and really intended any such thing but meerly by the blood and treasure of the people to make themselves tyrannicall Lords and Masters over them So that for my part if I should take the Covenant I protest ●t before the God of Heaven and Earth without fear or dread of any man breathing I should judge it my duty and that I were bound unto it in conscience by vertue of my oath to doe my utmost to prosecute even to the death with my sword in my hand every member of both Houses that should visibly ingage in the destruction of the Fundamentall Lawes and liberties of England and prosecute them with as much zeale as ever any of them prosecuted the King for tyranny is tyranny exercised by whom soever yea though it be by members of Parliament as well as by the King and they themselves have taught us by their Declarations and practises that tyrannie is resistable and therefore their Arguments against the King may very well serve against themselves if speedily they turn not over a new leafe for what is tyranny but to admit no rule to govern by but their own wills 1. part col declar pag. 284. 694. But Thomas Gangraena one word more to you and your threatning to write a booke against liberty of Conscience and toleration of Religion I pray let me aske you this question if the Magistrate quatenus Magistrate be Judge of the Conscience and thereby is indowed with a power to punish all men that he judgeth conceiveth or confidently beleeveth are erroneous and hereticall or because in religion he differeth from the magisteriall Religion in the place where he lives Then I pray tell me whether all Magistrates quatenus Magistrates have not the very same powe● And if so then doth it not undeniably follow that Queen Mary and her Parliament did just in her dayes in making a law to bu●ne those Heretiques that dissented from her established Religion who were as grosse in their tenents in the then present Magistrates eyes as any of your Sectaries tenents are now in the present Magistrates eyes and if you and your bloody brethren of the Clergy-Presbytery shall ingage the present Parliament and Magistracie to persecute the Saints and
not bound to judge him as a Peer of the Land But because it is a notorious thing and known to all that the aforesaid Simon was aiding and counselling the said Roger in all the treasons felonies and wickednesses abovesaid the which things are in usurpation of Royall power Murther of the Liege Lord and distruction of Blood-Royall and that he was also guilty of divers other felonies and Roberies and a principall maintainner of Robbers and felons and the said Earles Barons and Peers did award and adjudge as judges of Parliament by the assent of the KING in the same Parliament that the said Simon as a Traytor and enemy of the Realm be drawn and hanged And thereupon it was commanded to the Martiall to doe execution of the said judgement The which execution was done and performed the Munday next after the Feast of St. Thomas the Apostle In the same Roll. And it is assented and agreed by our Lord the King Agreement not to bee drawn into example and all the Grandees in full Parliament that albeit the said Peers as Judges of Parliament took upon them in the presence of our Lord the King to make and give the said judgement by the assent of the King upon some of them which were not their Peers and that by reason of the murther of the Liege Lord and distinction of him which was so new of the blood-Royall and Sonne of the King 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 let the Peers of the Land have power but of that for ever they be discharged and aquit 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 against the Law of the Land if any such case happen which God defend Agreeth with the Record William Colet It is the saying of the spirit of God Eccle. 4.9.12 two are better then one and a threefold cord is not easily broken so that to prove my position true for all the Rabsh●ka Language of Gangraena I have first the fundament all Law point blank on my side and secondly the judgement of on of the ablest Lawyers that ever writ in England and his Iudgement authorised as good and sound by the present House of Commons to be published to the view of the whole Kingdome and thirdly the Lords owne confession for if you marke well the two last lines of the fore-cited record you shall find they ingeniously confesse and declare that it is against the Law of the Land for them to judge a Commoner and for further confirmation of this read Vox Plebis pag. 18 19. 36. 37 38. 39 40. 41 42 44 45. But if the Vicerous Gangraena please to read a late printed booke called Regall tyranny discovered he shall find that the Author of that Book in his 43 44 45 46 47 86. pages layes downne many strong a guments to prove That the house of Lords have no legislative power at all And in his 94. 95 96. 97 pages he declares and proves That before Will the Conquerer subdued the rights and Priviledges of Parliaments that the King and the Commons held and kept Parliaments without temporall Lords Bishops or Abbets The two last of which he proves had as true and goed right to sit in Parliament as any of the present Lords now sitting at westminster either now have or ever had For the second thing which is Whether or no there be not in the present Parliaments Declarations and in the Assemblies exhortation to take the Covenant and in Mr. Prynns Soveraign power of Parliaments and other Presbyterian books publickly licenced and others sold without controll as much if not more said to set-up or maintain that which Gangrena cals Vtopian Anarchy then in any Books what ever published by those he calls Sectaries And I averre it positively There is and shall joyn issue with Gangraena to prove it in every particular Therefore let him publish an exact Catalogue of any of our Positions when he pleaseth and I doubt not but to make it evident that it cannot justly by them be counted any vice in us to tread in their steps especially seeing they have accounted them so full of piety truth and honesty as they have done Now first for the Parliaments Declarations read but the Kings answers to them and you shall easily see he layes it as deeply to their charge of endeavon ring to set up Anarchy as Gangraena doth either to mine or Mr Overtons yea and instances the particulars and tells them plainly The Arguments they use against him will very well in time serve the people to turn against themselves And as for Mr. Prynnes Soveraigne power of Parliaments I never read more of that Doctrine in any Book in all my life that Gangraena so much condemnes in me c. then in that very Book which is licenced by Mr White a member of the House of Commons and in his dayes as stiffe a Presbyterian as Gangraena himselfe See his 1. part Sover pag. 5 7 8 9 19 26 29 34 35 36 37. But especially 42 43 44. 47 57 92. And 2. part pag. 41 42 43 44 45 46. and 73 74 75 76. and 3. part 11 12 13 14 15 16 17. and 61 62 63 64 65. and 131 132 133. And 4. part pag. 10 11. 15 16. See his Appendix there unto pag. 1 2 3 4 5. 11 13 13 c. Besides these see the first and second part of the Observations Maximes unfolded the case of Ship-money briefly discoursed A new Plea for the Parlement A fuller Answer to a Treatife written by Dr. Fern with divers others Now for the third thing which is the tyrumph Gangrena makes in his 3 part Gangrena pag. 1●8 which is that in my Book called Innocency and truth justified which I published the last yeare 1645 I give that to the Lords which now I in 1646 in many wicked Pamplets would take a way from them such new light saith he hath the successe of the new modell and the recruit of the house of Commons brough to the Sectaries Well! will the man stand to this if hee will then I desire the impartiall Reader to judge betwixt us and turne to the 11 12. 36 37. 74 pages of that Book in which pages is contained all that any way makes to his purpose or esle turne to the 157 pag. of his book and see if in all my words there quoted by him there is any thing that carryes the shaddow of giving that to the Lords that now I would take from them for there I am areasoning with Mr Pryn or the House of Commons not upon my principles but their own And therefore I say a Committee of the House of Commons is not the
my publique Contest with the Bishops hath enabled me to carry my life in my hands and to have it alwaies in a readienesse to lay it downe in a quarter of an hours warning knowing that he hath in store for me a mansion of eternall glory All these things considered I am now determined by the strenght of God if I speedily have not that Justice which the Law of England affords me which is all I crave or stand in need of no longer to waît upon the destructive seasons of prudentiall men but forthwith to make a for mall Appeale to all the Commons of the Kingdome of England and Dominion of Wales and set my credit upon the tenters to get money to print 20000. of them and send them gratis to all the Counties thereof the ingredients of which shall be filled with the Parliaments owne Declarations and Arguments against the King turned upon themselves and their present practise and with a little narrative of my Star-chamber tyrannicall sufferings and those I have there to complain of are first Dr. Lamb Guin and Aliot for committing me And 2. Lord Keeper Coventry Lord Privie Seal Manchester that corruptest of men whose unworthy Son is now hath been for some yeares the chiefe Prosecut or of my ruine for no other cause but that I have been honest valiant and faithfull in discharging the trust reposed in me which he himselfe was not my Lord Newburgh old Sir Henry Vane a man as full of guilt as any is in England whose basenesse and unworthinesse I shall anotamize to the purpose the Lord chiefe Iustice Bramstone and Judge Jones who sentenced me to the Pillory and to be whipt c. And then 3. Canterbury Coventry Manchester Bish of London E. of Arundel E. of Salithury L Cottington L. Newbnrgh Secretary Cook and Windebank who sentenced me to lye in irons and to be starved in the prison of the Fleet With a short Narrative of my usage by Lords and Commons this present Parliament and conclude with a Declaration of what is the end wherefore Parliaments by law ought and should be called which is to redresse mischiefes and grievances c. but not to increase them 4. E. 3.14 36. E. 3.10 to provide for the peoples weal but not for their woe Book Declar. 1. part pag. 150. and yet notwith standing all the trust reposed in them and all the Protestations they have in publique Declarations made faithfully without any private aimes or ends of their owne to discharge it And notwithstanding all the bloud and money that hath been shed and spent at their beck and and commands I would faine have any of them to instance me any one Act or Ordinance since the wars begun that they have done or made that is for the universall good of the Commons of England who have born the bu then of the day Sure I am they have made severall Ordinances to establish Monopolies against the Fundamentall Lawes of the Kingdome and thereby have robbed free men of their trades and livell hoods that at their command have been abroad a fighting for maintaining the Law and in practise annihilated Magna Charta and the Petition of Right So that a man though of their own Party may suffer much if commited by a Parliament-man or Parliament men before he can get the Iudges to grant an Habeas Corpus to bring him and his cause up to their Bar there to receive a tryall secùndum legem terrae that is according to the Law of the Land although the Iudges be sworn by their oathes to doe it So Sir desiring you seriously to consider of the premises which I could not conveniently send you but in print I rest From my illegall and chargeable captivity in Cole-harbour in the Tower of London this 30. Ian. 1646. Your abused Prisoner who is resolved to turne all the stones in England that lye in his way but he will have right and iustice against you Iohn Lilburne semper idem FJNJS