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A88229 The out-cryes of oppressed commons. Directed to all the rationall and understanding men in the kingdome of England, and dominion of Wales, (that have not resolved with themselves to be vassells and slaves, unto the lusts and wills of tyrants.) Fron Lieut. Col. John Lilburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous gaole of Newgate. Febr. 1647. Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646. 1647 (1647) Wing L2150; Thomason E378_13; ESTC R201382 26,058 20

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downe many strong and solid arguments to prove that the House of Lords have not justly neither judicative noe legislative power at all in them and in his 94. 95 96 97 98. pages he declares from very sound and good authority that before William the Conquerour and invader subdued the rights and priviledges of Parliaments that the King and the Commons held and kept Parliaments without Temporall Lords Bishops or Abbots the two last of which viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had yea and out of the 20. 21. pages of that notable and very usefull to be knowne book called the manner of holding Parliaments in England before and since the conquest c. declares plainly that in times by past there was neither Bishops Earle nor Baron and yet even then the Kings of England kept Parliaments with their Commons only and though since by innovation Bishops Earles and Barons have been by the Kings prerogative Charters which of what legall or binding authority they are you may fully read in the Lords and Commons Declaration this present Parliament summoned to sit in Parliament yet not withstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without B●shops Earles and Barons and saith Mr. Will. Prynn in the 1 part of his Soveraign Power of Parliaments pag. 43. which booke is commanded to be printed by speciall authority of the present House of Commons out of Mr. Iohn Vowells manner of holding Parliaments which is recorded in Holingh Cron of Ireland fol. 127. 128. that in times by past the King and the Commons did make a full Parliament which authority was never hitherto abridged Yea this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem 1641. betwixt the Lord Fairfax c. and Mr. Bellasis c. book decl 1. part pag. 628. doe declare first that none of the parties to that agreement had any authority by any act of theirs to bind that Country to any such Nutrality as is mentioned in that agreement it being a peculiar and proper power and priveledge of Parliament where the whole body of the Kingdome is represented to bind all or any part And we say the body of the Kingdome is represented only in the House of Commons the Lords not being in the least chosen or represent any body at all yea and the House of Commons calls their single order for the receiving of Pole-money May 6. 1642. 1. part decl pag. 178. An order of the House of Parliament yea and by severall single orders have acted in the greatest affaires of the Common-wealth And yet notwithstanding all this the Lords like a company of for-sworne men for they have often solemnly sworne to maintaine the Law have by force and violence indeavoured to their power and contrary to law to assume to themselves a judicative power over us who are Commons of England in criminal cases and for refusing to stoop therunto have barbarously for many moneths tirannized over us with imprisonments c. And we according to that duty we owe to our native country and to our selves and ours for the preservation of our selves and the good and just declared lawes and libertise of England and from keeping our selves and our posterities from vassalage and bondage did thereupon according to law and justice appeale to the honourable House of Commons as you may truly and largely read in divers and sundry bookes published by us and our friends as the supreame and legall power and judicature in England whom we did thinke and judge had been chosen of purpose by the free men of England to maintaine the fundamentall good lawes and liberties thereof but to their everlasting shame and the amazement of all that chose and betrusted them We are forced to speake it we have not yet found any reall intentions in them to performe unto us the trust in that particular reposed in them by the whole Kingdome neither have we any grounded cause to say in truth any otherwise of them but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealths Money amongst themselves then in in actuall doing to us in whom all and every the Commons of England are concerned for what by the wills of the Lords is done to us to day may by done to any Commoner of England to morrow either justice or right according to their duty and their often sworne oathes though we have not ceased continuall to the utmost of our power legally and iustly to crave it at their hands as you may fully read in our forementioned printed bookes Sure we are they tell us in their printed Declarations that they are chosen and betrusted by the people 1. part decl pag 171 172. 263 264 266. 336 340 361 459. 462. 508. 588 613 628. 690. 703 705 711. 714. 716. 724 725. 729. And that to provide for their weale but not for their woe booke decl 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 700. expresly tell us that all interests of publique trust is only for the publique good and not for private advantages nor to the prejudice of any mans particular interest much lesse of the publique and in the same page they further say that all interests of trust is limitted to such ends or uses and may not be imployed to any other especially they that have any interests only to the use of others as they confesse all Interests of trust are cannot imploy them to there owne or any other use then that for which they are intrusted yea and page 266. see 1. part book decl pag 687 they tell the King that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof and as this trust is for the use of the Kingdome so ought it to be managed by the advice of the Houses of Parliament whom the Kingdome hath intrusted for that purpose it being their duty to see it be discharged according to the cond●tion and true intent thereof and as much as in them lyes by all possible meanes to prevent the contrary And therefore negatively in the second place we are sure that the House of Commons by their owne Declarations were never intentionally chosen and sent to Westminster to devide amongst themselves the great offices and places of the Kingdome and under pretence of them to make themselves rich and mighty men with sucking and deviding among themselves the vitall and heart blood of the Common wealth viz. its treasure now lying not in a swound but even a gasping for life and being but let us see whether this and other of their late doings be according to their former protestations imprecations and just Declarations which if they be not
extends to the benefit of every particular individuall man in the Kingdome whose destruction contrary to the law of the Land is indeavoured by those that should preserve them which is our case as well as it was theirs in reference to the King with whom we have to doe and therefore we desire for the satisfying of all to whom this is directed to declare out of their owne Declarations their arguments against the King when he ceased as they say page 636. 580. to extend his legall protection and iustice to them but this by the way we must aver that we are very confident the King is ten times more fortified and hedged about with the Law of the kingdome then they are Which wee demonstrate thus they are all as they call themselves Subjects and therefore though their priviledges be great as they are Parliament men yet they are or at least ought to be by their owne confession subject to the severitie of the Law in cases of treason felony and breach of the peace 1. part book decl pag. 48. 278. which is also averred by that able and learned Lawyer Sir Edward Cooke in his 4. part institutes chap. of the high Court of Parliament fol. 25. which booke is published by their owne speciall Order but we read not in any of their Declarations that they themselves aver any such thing of the King And therefore if by themselves their arguments be esteemed just and sound against him for not doing his duty who is much more fortified by Law then themselves then much more when they cease to doe their duty and in practise destroy the lawes and liberties of the Kingdome and subject the free men thereof to an Arbitrary and tyrannicall power which we aver they have done us will their owne arguments serve and bee sound and good against themselves Therefore we desire to declare unto you that when they apprehended themselves in danger they sent unto His Majestie the 31. Decem. 1641. book decl 1 part pag. 44. and desire him that they may have a guard in which message they have these words They have therefore their recourse unto your Maiestie most humbly beseeching you that if it may ●end with your good l●king if they provide for their owne safety which the very Law of nature * * Mark it well and reason doth allow unto them it is their humble desire that they may have a guard out of the City of London commanded by the Earle of Essex Lord Chamberlaine of your Maiesties house-hold of whose fidelity to your Maiestie and the Common Wealth they have had large experience And in their Petition to his Maiestie about the Militia 2. March 1641. book decl ● part pag. 92 93 94 after they have told his Majestie what danger they are in for want of setling the Militia they use these very words Wherefore they are inforced in all humility to protest that if your Maiestie shall persist in that denyall the dangers and distempers of the Kingdome are such as will indure no longer delay But unlesse you shall be graciously pleased to assure them by th●se messengers that you will speedily apply your royall asse●t to the satisfaction of their former desires they shall be inforced for the safety of your Maiesty and your Kingdomes to dispose of the Militia by the authority of both Houses in such manner as hath been propounded to your Maiestie and they resolve to doe it accordingly And a little below they beseech his Maiestie to be informed by them that by the Lawes of the Kingdome the power of raising ordering and disposing of the Militia within any City Towne or other place cannot be granted to any Corporation by Charter or otherwise without the authority and consent of * * Observe this well yee free men of England Parliament and that those parts of the Kingdome which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses and what is iustifiable by the Lawes of the Kingdome And in their Declaration of the 19. May 1642. pag. 202. they say wee must maintain the ground of our feares to be of that moment that we cannot discharge the trust and duty which lyes upon us unlesse we doe apply our selves to the use of those meanes to which the Law hath inabled us in cases of this nature viz. to settle the Militia without and against his consent for the necessary defence of the Kingdome and as his Maiesty doth gratiously declare the Law shall be the measure of his power so doe we most heartily professe that we shall alwayes make it the rule of our obedience But O say wee that you had not now forfeited all your credit by notoriously violating your never intended to be kept promises And in their Petition to the King about the businesse of Hull pag. 465. 466. they say we shall be ready to settle the Militia in such way as shall be honourable and safe for your Maiestie most agreeable to the duty of Parliament and effectuall for the good of the Kingdome that the strength thereof be not imployed against it selfe And we say we wish it may not to the setting up of a tyranny of another nature but worse then the former we groaned under But we go on to their answer of the Kings positions which answer is annexed to their great Declaration of the 2. No. 1642. where in the third answer pag. 726. they say that we did and doe say that a Parliament may dispose of any thing wherein the King or any Subiect hath a right in such way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to ioyne with them in such cases the representative body of the Kingdome is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges Here may be an excellent Argument drawne from the greater to the lesse which will undeniably hold good against the Arbitrary and Illegall practises of the Parliament which wee in our particulars groane under Now all these things considered we hope it iustly cannot be taken ill at our hands by the Parliament nor by any rationall or understanding man in the Kingdome though never so much deuoted unto implicite and blind Presbyterian Synodian obedience if we for our preservation shall tread in the Parliament steps by appealing to the People against them as they did against the King especially considering they deale worse with us then ever he dealt with them for hee did not actually imprison their bodies and thereby rob them of their liberties trades lively hoods and subsistance and allow them nothing to live upon and expose their whole families to the eye of reason to an unavoydable famishing and perishing condition all and every of which contrary to the Law of the Land Justice reason and conscience they have
not to yeeld to what is required but also to make further provision for the preservation of our selves and of those who have sent us hither and intrusted us with all they have Estates Liberty and life and that which is the life of their lives their * * That we absolutely deny and therefore if the blind lead the blind they must needs both fall into the ditch Religion and even for the safety of the Kings person now invironed by those who carrie him upon his owne ruine and the destruction of all his people At least to give them warning that all this is in danger That if the King may force this Parliament they may bid fare well to all Parliaments from ever receiving good by them and if Parliaments be lost they are lost their Lawes are lost as well as those lately made as in former times all which will be cut in sunder with the same sword now drawne for the distruction of this Parliament Then if they will not come to helpe the Parliament and save themselves though both they and we must perish yet have we discharged our Consciences and delivered our soules and will looke for a reward in Heaven should we be so ill requited upon Earth by those of whom we have so well deserved which we cannot feare having found upon all occasions such reall demonstrations of their love and affection and of their right understanding and apprehension of our and their common danger And in their large Declaration of the 2. Novem. 1642. pag 699. speaking of his Majesties charge in his Declaration where he compaires them to the Anabaptists mentioned in Mr. Hookers book they say if ever God shall discover the foule Authors of so false a calumny we doubt not but the Kingdome that is the universallity of the people will be very sensible of it and esteeme that they can never doe themselves right * * And if the people should doe themselves right What should become of the Earle of Manchester old Sir Henry Vaine Mr. Barw●s c. for visibly betraying their severall trusts See Englands Birth-Right c. but by bringing to condigne punishment such persons as could find in their hearts to lay so vile an aspertion upon the Parliament a name that alwayes hath and we hope alwayes shall bee of so great honour and reverence within this Kingdome And in the same Declaration pag. 728. answering his Majesties charge fixed upon them of designing the ruine not only of his Majesties person but of Monarchy it selfe And we appeale to all the world say they whether worse words then these can be given us And whether we may not justly expect the worst actions that the malice and power of the Malignant party about his Majesty can produce And whether it be not high time for us to stand upon our defence which nature teacheth * * A●ve all here expressed take notice of this speciall undenable and accued principall every man to provide for and this Kingdome unlesse it be very unnaturall and unmindfull of it selfe cannot but afford to them whom it hath intrusted and by whom it is represented Now from all the forementioned authorities and arguments of the Parliaments owne Declarations we draw these conclusions which naturally flow from them first that all Majesteriall Power in England whatever are but Offices of trust and bound up with this limitation to be executed for the good of the trusters Secondly that it is posible that all or any of the severall Majesteriall trustees may forfit their or its trust Thirdly that in case of ●orfiting the Majesterycall trust the trusters the people are disobleged from their obedience and subjection and may lawfully doe the best they can for their owne preservation but if what hath beene said be not fully cleare out of all doubt to prove the foresaid deducions We wil only ad two more proofs at present of there owne Authoryties which will put them all out of dispute the first is out a late sheet of paper newly Printed according to Order of Parliaments Intitled King Iames his Opinion and Iudgement concerning a Real King and a Tirant extracted out of his owne speech to the Lords and Commons in Parliament at White-Hall 1609. A King saith King Iames in a setled Kingdome binds himselfe to a double oath to the observation of the fundamentall Lawes of his Kingdome tacitly as by being a King and so bound to perfect as well the People as the Law of his Kingdome and expresly by his oath at his Coronation So as every just King in a setled Kingdom is bound to observe that Paction or Covenant made to his people by his lawes in framing his government agreeable thereunto according to that paction made with Noah after the deluge Gen. 9.11 therefore a King governing in a setled Kingdome leaves to be a King and degenerates into a Tyrant as soone as he leaves of to rule according to his lawes therefore all Kings that are not Tyrants or perjured will be glad to bound themselves within the Limits of their Laws and they that perswade them the contrary are Vipers Pests both against them the Common Wealth thus far King Iames out of which the Author of that sheet drawes nine inferences or conclusions the fift of which is in these words That a King governing in a setled Kingdome as the Kingdome of England is leaves to be a King so soone as he leaves of and failes to rule according to his Lawes And so leaving of to be a King the government on his part is infringed so as the people are no longer his subiects to obey him in his lawlesse government then be is their King governing them accord●ng to his Laws to the same effect is his sixt conclusion and in the last end of the seventh he hath these words That if Kings cease to be Kings setting up an absolute tyranny over the People to govern them no longer by the Lawes as free borne liege People but lawlesly as vassells and slaves then on the other side the people leaving to be subjects doe owe them no more obedience as being none of their Kings but as usurping tyrants For as a King turning Tyrant practising tyranny under the name of prerogative hath broken the bonds of the Kingdome so the subjects owe him no more duty of liege people except they will avow themselves his Slaves and so betrayers of their own and the publique liberties which ought to be more precious unto them then their ●l●ves and ●●●ds Again 8 a K●ng so degenerating into a Tyrant is by the verdict of K. Iames departed a perjured man c. perjured men as they are odious to God so they bring an execration upon a land Za. 53.4 and if so then say we wo woe woe unto poore England by reason of the perjuries of the dissembling Lords and Commons at Westminster that have laid aside the Law and troden under their feet the liberties of England And the