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A88228 The opressed mans opressions declared: or, An epistle written by Lieut. Col. John Lilburn, 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 opressing cruelty of all the gaolers of England is declared, and particularly the Lieutenant of the Tower. As also, there is thrown unto Tho. Edwards, the author of the 3 vlcerous Gangrænes, a bone or two to pick: in which also, divers other things are handled, of speciall concernment to the present times. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2149A; Thomason E373_1; ESTC R201322 33,049 40

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the aforesaid Simon was aiding and counselling the said Roger in all the treasons felonies and wickednesses abovesaid the which things are an usurpation of Royall power Murther of the Liege Lord and destruction of Blood-Royall and that he was also guilty of divers other felonies and robberies and a principall maintainer of robbers and felons the said Earles Barons and Peeres did award and judge as Judges of Parliament by the assent of the KING the same Parliament that the said Simon as a traitor 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 a full Parliament that albeit the said Peeres 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 Peeres and that by reason of the murder of the Liege Lord and destruction of him which was so new of the Blood-Royall and sonne of the King that therefore the said Peeres which now are or the Peeres which shall be for the time to come be not bound or charged to give judgement upon others then upon their Peeres nor shall doe it But let the Peeres of the Land have power but of that for ever they 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 Peeres may be charged hereafter to judge others then their Peeres 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 than one and a threefold cord is not easily broken so that to prove my position true for all the Rabshaca Language of Gangrena I have first the fundamentall Law point blank on my side and 2. the Judgment of one of the ablest Lawyers that ever writ in England and his Judgment authorised as good and sound by the present House of Commons to be published to the view of the whole Kingdome and 3. the Lords own confession for if you marke well the 2. last lines of the forecited record you shall finde they ingeniously confesse and declare that it it against the Law of the Land for them to judge a Commoner and for further confirmation of this reade Vox Plebis pag. 18. 19. 36 37 38 39 40 41 42. 44. 45. But if the Vlcerous Gangrena please to read a late printed booke called Regall Tyranny discovered he shall finde that the author of that Book in his 43 44 45 46 47 86. pages lays down many strong arguments to prove That the House of Lords have no Legislative power at all And in his 94 95 96 97. pages he declares proves That before Will the Conqueror subdued the rights and priviledges of Parliaments the King and the Commons held and kept Parliaments without temporall Lords Bishops or Abbots The two last of which he proves had as true and as good a 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. Prynnes Soveraigne 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 calls Vtopian Anarchy then in any Book what ever published by those he calls Sectaries And I averre it positively There is and shall joyn issue with Gangrena 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 endevouring to set up Anarchy as Gangrena doth either to mine or Mr. Overtons yea and instances the particulars and tels 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 Gangrena 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 Gangrena 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. 73 74 75 76 3. part 11 12 13 14 15 16 17. 61 62 63 64 65. 131 132 133. And 4. part pag. 10 11 15 16. See his Appendix there unto pag. 1 2 3 4 5 and 11 12. 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 Treatise written by Dr. Fern with divers others Now for the third thing which is the tryumph Gangrena makes in his 3 part Gangrena pag. 158. which is that in my book called Innocency and Truth justified which I published the last year 1645. I give that to the Lords which now I in 1646. in many wicked Pamplets would take away from them such new light saith he hath the successe of the new modell and the recruit of the house of Commons brought to the Sectaries Well I will the man stand to this if hee will then I desire the impartiall Reader to judge betwixt us and turn 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 else turn 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 shadow of giving that to the Lords that now I would take from them for there I am a reasoning 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 whole Parliament no nor the whole house of Commons it self according to their own principles which is the only clause he can fix
that from thence-forth no person should be compelled to make any Loanes to the King against his will because such Loanes were against reason and the franchise of the Land and by other Lawes of this Realme viz 1. E. 3 6. 11. R. 2. 9. 1. R. 3. 2. it is provided That none shall be charged by any charge or imposition called a benevolence nor by such like charge by which the statutes before-mentioned and other the good lawes and statutes of this Realm your subjects have inherited this freedome that they should not be compelled to contribute to any taxe tallage aid or other like charge not set by common consent in Parliament All which the King confirmes And by the statute made this present Parliament that abolished Ship-money All and a very the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same Petition they are prayed and expressed yea in this very statute it is declared and enacted to be against Law for his Majesty upon any pretence what ever to levie money of the people of England without common consent in Parliament And truly sir let me tell you without fear or flattery that if your great Masters the Lords the true prerogative-friends of the house of Commons had any true and reall intentions to preserve the Fundamental Lawes and Liberties of England or had any time to spare to punish those that justly and groundedly infringe them and doe as much as in them lies to destroy them from their weighty employment of dividing great and vast summes of the Common-wealths money amongst themselves without either doing justice and right in the like nature to any man breathing unlesse it be themselves or some of their sons kinsmen or near friends whose principles are to serve their ends to the breadth of a haire in all they enjoyn them they would scorn to give cause to be reputed so base and unworthy as they are to deny the King the power unto whom ever and anon they give such glorious and transcendent titles unto to levie and raise money without common consent in Parliament when they allow every paltery Jaylor in England to do it at his pleasure yea and for any thing I can perceive abet and countenance him in it for they will not nor have not done all this long Parlament any man any effectuall Justice against them that have complained of them but every man is crushed and in a manner destroyed that meddles any thing to the purpose with them I pray sir tell me whether this be to keep the Solemn League and Covenant which now is made a cloak for all kind of knavery and villanie which they and you took with your hands lifted up to the most high God and swore to maintain the Fundamental Lawes and Liberties of the Kingdome But this I dare boldly tell you you never intended it as by your practises appears But sir in the second place I should desire to know of you the reason why Jaylors are so impudent and oppressive as they are and go so scot-free from punishment though often complained of as they do Truly for my part I am not able to render any more probable one then this That it may be some powerfull Parliament-man or men are sharers with them in their profits for as grose if not groser things are commonly reported yea printed of some of them See the 99 100 101 102 103 c. pages of the fore-mentioned book called Regall Tyrannie discovered and therefore must and do improve their interest and power to protect them in their knaveries and oppressions For within these few daies I was talking with an understanding knowing Gentleman that came to visit me and he told me he durst venture his life to make it evident to any rationall man in the world that there is one Goaler about this Citie that makes of his Prison above 20000 l a year and commits all manner of villanies and yet no Justice can be had against him though hee hath often and powerfully been complained against to the Parliament it self where he said he had more favour countenance and protection then the honest man that complained of him yea more then them all put all in one Now sir in the last place I come to acquaint you what monies I have paid since I came to the Tower for my Chamber-rent only the 10. of July last I came hither and you sent me to the Lodging where I am with extraordinarie strict and severe command upon my Keeper who within certain daies after I came to him demanded chamber-rent of me at a great deale higher rate then I pay and I told him necessitie had no law and I therefore desired him to ask me reasonably and he should see what I would say to him So at last he asked me 15. s a week I told him I knew well the lawes of all Prisons in England and 15. s a week was a great deale of money for bare Lodging but in regard it was with me as it was conditionally that hee for his part would use me and those my friends that should come to to see me with civilitie and humanitie I would give him 15. s a week and find my own linnen besides protesting unto him that the first time he used me or any that came to see me churlishly I would not pay him one peny more of money and I must ingenuously confesse I have no cause in the least to complain of the man in point of civilitie nor he of me in performing my promise for I have paid him though it hath been with some straights to me betwixt 20. and 30. l which I am now able no longer to pay And therefore I desire you according to your duty which by law you are bound unto to provide me a prison gratis for I professe unto you no more rent I can nor will pay though it cost me a dungeon or as bad for my pains And truly Sir I shall deale ingeniously with you and give you the true reason wherefore I condescended to pay chamber-rent at first and have done it so long It was because I had extraordinary potent adversaries to deale withall viz. the House of Lords or Peeres as they are called who had pretty-well managed their dealings with me like tyrants in keeping very strictly my friends from me and also pen ink and paper that so I was debarred of all ability in the world to publish to the view of the whole kingdome my own innocency and their inhumane and barbarous tyranny which they knew well enough I would doe if I had not been debarred of all meanes to doe it and then fell upon me and transcendently sentenced me to pay 4000. l c. and illegally and unjustly entred notorious crimes against me in their records And you know I told you at my first comming to the Tower I was refreshed at
other Presbyterian books licenced by publike authority and others sold without controule there be no more said to justifie and maintain that which Gangrena calles Vtopian Anarchy then in any bookes whatsoever published by these he calles Sectaries Thirdly whether or no that out of my own words in my booke called INNOCENCIE AND TRVTH JVSTIFIED there can any thing be drawn to justifie the Lords in that which now I condemn them in as Gangrena affirmes pag. 157 158. For the first see what the ninth Chapter of Magna Charta saith No freeman shall he taken or imprisoned or be disseised of his free hold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemn him but by lawfull judgment of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no City Borough or Towne nor any man be amerced wiithout reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his freehold a Merchant saving his Merchandise a villain saving his waynage and that by his or their Peers Now here is the expresse Law of the Land against the Lords jurisdiction over Commons in criminall cases Now in the second place let us see what one of the ablest expositors of the Law that ever writ in England saith of this very thing and that is Sir Edward Cooke in his exposition of Magna Charta 2. part institutes which book is published by two speciall orders of the present House of Commons as in the last page thereof you may read who in his expounding the 14 Chapter of Magna Charta p. 28. saith Peers signifies Equalls and pag. 29. he saith the generall division of persons by the Law of England is either one that is noble and in respect of his nobility of the Lords House in Parliament or one of the Commons of the Realms and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barrons and yet all of them are comprehended within this word PARES so of the Commons of the Realme there be Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees and yet all of them of the COMMONS of the Realme and as every of the Nobles is one Peere to another though he be of a severall degree so is it of the Commons and as it hath been said of men so doth it hold of Noble-women either by birth or by marriage but see hereof Chap. 29. And in Chap. 29 pag. 46. Ibim he saith no man shall be disseised that is put out of ●eison or dispossessed of his freehold that is Lands or livelihood or his liberties or free Customs that is of such franchises and freedoms and free Customs as belong to him by his birth-right unlesse it be by lawfull judgment that is verdict of his equalls that is men of his own condition or by the Law of the Land that is to speake it once for all by the due course and processe of Law No man shall be in any sort destroyed to destroy id est what was first built and made wholly to overthrow and pull downe unlesse it be by the verdict of his equalls or according to the Law of the Land And so saith he is the sentence neither will we passe upon him to be understood but by the judgment of his Peers that is equalls or according to the Law of the Land see him page 48. upon this sentence per judicium Parium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realme should not give judgment upon any but their Peers and cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Record-Office in the Tower I had this which followes from under the hand of Mr. William Colet the Record-Keeper Out of the Roll of the Parliament of the fourth yeare of Edward the third THE FIRST ROLL Records and Remembrances of those things which were done in the Parliament summoned at Westminster on Munday next after the Feast of Saint Katherine in the yeare of the reigne of King Edward the third from the Conquest the fourth delivered into the Chancery by Henry de Edenstone Clerk of the Parliament THese are the Treasons Felonies Wickedensses The judgement of Roger de Mortimer done to our Lord the King and his people by Roger de Mortimer and others of his confederacie First of all whereas it was ordained at the Parliament of our Lord the King which was held next after his coronation at Westminster that foure Bishops foure Earles and six Barons should abide neere the King for to counsell him so alwayes that there may be foure of them viz. one Bishop one Earle and two Barons at the least And that no great businesse be done without their assent and that each of them should answer for his deeds during his time After which Parliament the said Roger Mortimer not having regard to the said assent took upon himself Royall power and the government of the Realm and encroacht upon the State of the King and ousted and caused to be ousted and placed Officers in the Kings House and else-where throughout the Realm at his pleasure of such which were of his mind and placed John Wyard and others over the King to espy his actions and sayings so that our Lord the King was in such manner environed of such as that he would not doe any thing at his pleasure but was as a man which is kept in Ward Also whereas the Father of our LORD the KING was at Kenilworth by ordinance and assent of the Peeres of the Land there to stay at his pleasure for to be served as becommeth such a Lord the sayd Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that hee was sent to Barkly Castle where by him and his he was traiterously and falsly murthered and slain But that which is to my purpose is Roll the second being the judgement of Sir Simon de Bereford which verbatim followeth thus THE SECOND ROLL ALso in the same Parliament our Lord the King did charge the said Earles and Barons to give right and lawfull judgement as appertained to Simon de Bereford Knight who was aiding and counselling the said Roger de Mortimer in all the treasons felonies and wickednesses for the which the foresaid Roger so was awarded and adjudged to death as it is a known and notorious thing to the said Peeres as to that which the King intends The which Earles Barons and Peeres came before our Lord the King in the same Parliament and said all with one voyce that the foresaid Simon was not their Peere wherefore they were not bound to judge him as a Peere of the Land But because it is a notorious thing and known to all that
but he 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 Bishops for their Ordination for they have no other and what is this else but to punish every one that shal 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 bear any office in the Kingdome if they will not take the Covenant And then if they do take it it shall be as bad if they will not forswear themselves every moment of time that the Assembly shal judg it convenient and the house of Commons vote it And truly there is in my judgment a good stalking-horse for this practise in the Assembly of Dry-vines alias Divines Deut. 32.32 33. Esa 44.52 Exhortation 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 Oaths call for rapentance not particularly 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 the Land and so by this Synodian Doctrine a man may take a hundred Oaths in a day and not be bound by any of them if he please Besides I would fain know if by the Parliaments so eager pressing of the Covenant they do not presse the hastening of many of their own destructions For by the Covenant every man that takes it is bound thereby to maintain and preserve the fundamental lawes of the Kingdome with us every day troden under foot by some of the members of both Houses arbitrary practices not onely towards Cavaliers for which they have some colour by pleading necessity but also towards those of their own 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 chalenge 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 finde time enough since I came prisoner to the Tower to share about 200000. l of the Common-wealths mony amongst themselves as may clearly be particularized by their owne newes bookes licenced by one of their own Clerkes O horrible and 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 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 thē never intended I am cōfident of it good to the generality of the people but that they should be as absolutely their vassals slaves if not more as ever they were the Kings O thou righteus and powerfull Judge of Heaven and Earth that of all the base things in the world hatest abhorrest dissemblers hypocrites Jer. 7.9 10 11 12. to 16. Matth. 23 deal with these the greatest of Dissemblers thy self who like so many bloudy and cruell men have ingaged this poor Kingdom in a bloudy and cruell war pretendedly for the preservation of their lawes and liberties when as God knowes by a constant series of actions they declare they never truly and really intended any such thing but meerly by the bloud 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 it 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 duty in conscience by vertue of my oath to do 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 Liberties of England and prosecute them with as much zeal as ever any of them prosecuted the King for tyrannie is tyrannie 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 leaf for what is tyrannie but to admit no rule to govern by but their own wils 1 part col declar pag. 284 694. But Tho Gangrana one word more to you your threatning to write a book against liberty of Conscience and toleration of Religion I pray let me ask you this question if the Magistrate quatenus as Magistrate be Judge of the Conscience and thereby is indowed with a power to punish all men that he judgeth conceiveth or confidently believeth are erroneous and hereticall or because in Religion he differeth from the magisterial Religion in the place where he lives Then I pray tell me whether all Magistrates quatenus as Magistrates have not the very same power 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 burn those Heretiques that dissented from her established Religion who were as grose 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 shal ingage the present Parliament and Magistracie to prosecute the Saints and people of God under pretence of heretical Opinions I wil upon the hazzard of my life justifie and prove it against you and the present Parliament that you and they thereby justifie Q. Mary in murdering and burning the Saints in her dayes yea and all the bloudy-persecuting Roman Emperors that caused to be murdered thousands of the Saints for bearing witnesse to the