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law_n	common_a	justice_n	king_n	6,067	5	3.7578	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

the 1. E. 2. Satutum de frangent bus prisonum in his second part institutes fol. 589 and on the 26. Chap. of Magna Charta fol. 74. Ibim and on the statute of Westminster The first Chap. 26. fol. 209. 210. Ibim Yea and the Law takes care that in case the prisoner when he is in prison have no meanes of his owne to live upon that then by the publike he is to be maintained 14. Eliz. 5.21 Iames 28. Vox Plebis pag. 57. for a freeman of England as I am is not brought to prison to be starved with cold or hunger but to the end justice upon him may be done The prison at most in Law is but a safe preserver but not a destroyer of the prisoner who with all convenient speed according to Law is to come to his tryall and either according unto Law to be condemned or else to be delivered in convenient time without delay 4 E. 3.2 See my answer to Mr. Pryn called Innocency and Truth justified pag. 32. who by the Law is never to remaine in prison above 6. moneths at most for Goale deliveries are by the 4. E. 3.2 to be kept and made three times a yeare which is once in foure moneths and oftner if need shall be And as the Author of Vox Plebis pag 55. saith out of Stamf. pl. Cor. f. 30. Imprisonment by Law is neither ought to be no more then a bare restraint of Liberty without those illegall distinctions of close and open imprisonment and therefore Bracton fo 18. saith that if a Goaler keep his prisoner more close then of right he ought whereof the prisoner dieth this is fellony in the Goaler And Horne in the mirrour of Iustice pag. 288. saith that it is an abusion of the Law that prisoners are put into Irons or other paine before they are attainted And pag. 34. 36. he reckons the sterving of prisoners by famine to be among the crimes of homicide in a Goaler And we find in the 3. E. 3. Fitz. H. Tit. pl. Cor. 295. that it was fellony at Common Law in Goalers to compell their prisoners by hard imprisonment to be come approvers whereby to get their goods which Law is since confirmed by the statute of 14. E. 3. Chap. 10. with some inlargement as to under keepers of prisons and the penalty of the Law and that Goalers having done this have beene hanged for it you may read 3. E. 3.8 Northampton Fitzh pl. Cor. 295. and else where but this for a rast to them In the second place I will tell you what the Law saith about Gaolers Fees The mirrour of Iustice pag. 288. tells us that it is an abusion of the Law that prisoners or others for them pay any thing for their entries into the Goale or for their going out this is the Common Law there is no see at all due to any Goalers whatsoever by the Common Law See what the statutes say The statute of Westminster 1. Chap. 26. being the 3. E. 1.26 saith that no Sheriffe nor other the Kings Officer take any reward to doe his Office but shall be paid of that which they take of the King and he that so doth shall yield twice as much and shall be polished at the Kings pleasure under which word Officer is concluded Goaler Coroner c. so Sir Edward Cooke 2. part institutes fol. 209. Stam. pl. Cor. 49. nay by the statute of 4. E. 3.10 Goalers are to receive theeves and fellons taking nothing by way of fees for the receipt of them so odious is this extortion of Goalers that very theeves and fellons are exempt from payment of fees It is true that by an incroaching statute upon our liberties made in the 23. H. 6.10 there is a fee given to the Goaler to be paid him by his prisoner but yet it is very small the words of the statures are these nor that any of the said Officers and Ministers by occasion or under colour of their Office shall take any other thing by them nor by any other person to their use profit or avaise of any person by them or any of them to be arrested or attached nor of any other of them for the omitting of any arrest or attachment to be made by their body or of any person by them or any of them by force or colour of their Office arrested or attached for fine fee suit of prison mainprise letting to baile or shewing any ease or favour to any such person so arrested or to be arrested for their reward or Profit but such as follow that is to say for the Sheriffe 20. d. the Bayliffe which maketh the arrest or attachment 4 d. and the Gaoler if the prisoner be committed to his ward four pence and that the Sheriffe under-Sheriffe Sheriffes Clerke Steward or Baylife of Franchise Servant or Bayliffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panel but 4. d. And it followes in the same Statute that all Sheriffes under-Sherffes Clerks Bayliffes Goalers Coroners Stewards Bayliffes of Franchises or any other Officers or Ministers which doe contrary to this Ordinance in any point of the same shall lose to the party in this behalfe indammaged or grieved his treble dammages and shall forfeit the sum of 40. l. at every time they or any of them doe the contrary thereof in any point of the same where of the King shall have the one halfe to be imployed in the use of his house and in no otherwise and the party that shall sue the other half But as Sir Edward Cooke well observes on the 25. chap of Magna Charta 2. part Institut fol. 74. after the rule of the Common Law was altered and that the Sheriffe Coroner Goaler and other the Kings Ministers might in some case take of the subiect it is not credible what extortions and oppressions have hereupon ensued So dangerous a thing it is saith he to shake or alter any of the Rules or Fundamentall points of the Common Law which in truth are the main Pillors and Supportars of the Fabrick of the Common-wealth as else-where I have noted more at large viz. fol. 51 210.249 Ibim see the Preface to the 4. part of his Reports and the 4. part of his institutes capof the High Court of Parliament f. 41. Now Sir having laid this sure foundation I will assume the boldnesse to compare your dealings with me to the fore-mentioned rules that the Law prescribe you And first to the matter of usage you know very well you of your owne head at first kept my wife from me and made me a close prisoner as in the fore-mentioned bookes pag. 2. is truly declared And then secondly although you could not but know that by the Lords c. in the Star-Chamber I for about foure yeares together before this Parliament under-went a

that from thence-forth no person should be compelled to make any Loanes to the King against his will because such Loane 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 abenevolence nor by such like charge by which the statutes before-mentioned and other the good lawes and f●at●teo of this Realm your subjects have inherited this freedome that they should not be composed to contribute to any taxe tallage aid or other like charge not fet by common consent in Parliament All which the King confirmes And by the statute made this present Parliament that abolished Ship money All and every the particulars prayed or desired in the said Petition of Right shall from hence sorth 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 Maiesty 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 feare or flattery that if your great Masters th Lords and their true prerogative friends which fill nor up a few places in the House of Commons had any true and reall intentions to preserve the Fundamentall Lawes and Lioerties 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 destrey them from their weighty employment of deviding great and vast sums of the Common wealths money amonst themselves without either doing justice and rightin the like nature to any man breathing unlesse it be themselves or some of their sons kinsmen or neare friends whose principles are to serve their ends to the breadth of a haire in all they enjoyne them they would scorne 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 paultery Iaylor in England to doe 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 Parliament 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 is now made a cloake for all kind of knavery and villanic which they and you took with your hands lifted up to the most high God and swore to maintaine the Fundamentall 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 laylors are so impudent and oppressive as they are and go so scot free from punishment though often complained of as they doe Truly for my part I am nor able to render any more probable on 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 o● some of them See the 99. 100 101 102 103. c. pages of the fore-mentioned book called Regall Tyranny discovered and therefore must and doe improve their interest and power to protect them in their knaverys and oppressions For within these few dayes 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 Gaoler about this City that makes of his Prison above 20000 l. a yeare and commits all manner of villanies and yet no Justice can be had against him though he hath often and powerfully been complained against to the Parliament it selfe where he said he had more favour countenance and protection then the honestest 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 dayes after I came to him demanded chamber-rent of me at a great deale higher rate then I pay and I told him necessity 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 beare Lodging but in regard it was with me as it was conditionally that he for his part would use me and those my friends that should come to see mee with civilitie and humanity 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 ingeniously confess I have no cause in the least to complaine of the man in point of civility 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 lodging 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 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 entered notorious crimes against me in their records And you know I told you at my first comming

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. Vlcerous Gangraena a bone or two to pick In which also divers things are handled of speciall concernment to the present times Prov. 21.7 The robbery of the wicked shall destroy them because they refuse to doe judgement Prov. 21.15 It is joy to the just to doe judgement and chap. 29 10. The blood-thirsty hate the upright but the just seek his soule SIR IT is the saying of the Spirit of God in the 12. Prov. 10. That a righteous man regardeth the life of his beast but the tender mercies of the wicked are cruell How far your actions and carriages with me that am more then a Beast have been point-blanke contrary to the first part of that divine Sentence but consonant to the conclusion of it is very easie to demonstrate with pen and 〈…〉 view of the World and as facill to your face before any competent Iudges to justice and prove And this is the Theme I have chosen a little to insist upon at this present time but being resolved to be as concise as I can I shall not now make any ample repetition of your harsh dealing with me at the first in divourcing me by the law of our own Will from my Wife and getting the Lords to make an order to bear you out in it after you had done it and that I should speak with none of my friends but in the presence and hearing of my Keeper c. Which cruell Order meerly obtained and got by your solicitation the Reader may read in the 〈◊〉 p. of Vox Plebis Therefore in regard that the Author of that Book hath pretty well discovered your cruell and illegall dealing with mee at my first comming to the Tower especially in the 45 46 47 48 49. pages thereof And the Author of a late booke called Regal tyrannie discovered in the 48 49. pages And my selfe hath pretty well laid it open in the 16 17 18 20. pages of my printed Relation before the Committee of the honourable house of Commons Novemb. 6. 1646. called An Anotomy of the Lords tyrannie to which I refer the Reader and in regard you are not ashamed of your cruel and illegall carriages towards me but persevere in them as though you would justifie one tyrannie with backing it with continuall acts of tyrannie I shall therefore goe on as effectuall and punctuall as I can more fully to anotamise you and your unjust illegall cruell and unrighteous dealing with me and for matter of fact shall lay nothing to your charge but what I will justifie before any legall Authority in England But in the first place I desire to let you understand that I am a free-born Englishman and have lived a legall man thereof all my dayes being never yet convicted of any attempt or design undertaken or countenanced by me that did tend to the subversion of the Fundamentall Lawes and constitution thereof but have alwayes sided with the Parliament it selfe who hath pretended nothing so much as the preservation of the lawes liberties and Fundamentall Freedomes of England and the peace and tranquility of the people as you may read in their owne Declarations 1 part col Dec. pag. 172. 195. 214. 281. 342. 464. 498. 663. 666. 673. 750. for the preservation of which I have constantly couragiously and as freely adventured my life as any of themselves what ever he be And therefore in every particular have just and grounded cause to expect the utmost priviledge and benefit that the Law of England will afford any man whatever that is under the obedience and subjection thereof Nay more over having to doe with those men as my Iudges that made all or the most of these Declarations and who have also declared it lyes not in their power to inslave or invasalize the people being trusted for their good not for their mischiefe to provide for their weal but not for their woe 1 part Col. dec pag. 150. 214 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in these and other of their own Declarations imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them and theirs when they cease actually to performe what verbally they there declare unto whtch I say AMEN And there they protest vow and sweare they will maintain the fundamentall Lawes and Liberties of the people and therefore in that respect you cannot groundedly in the least thinke that I should Issacar-like stoop willingly unto any other buthens impositions or commands layd upon mee by you or any other whatsoever that are not warrantable and justifiable by the fundamentall Lawes of the Land and whether your practises have been so with me I-will compare them to the Law and leave every rationall man to judge First I doe not find any Law that makes prisons places of executions punishment or torment but only places of safe custody for the Law of England as Sir Edward Cooke in the second part of his institutes fol. 28. excellently declares is a Law of mercy yet as he then said so I much more say now it is now turned into a meere shaddow which is the most we now enjoy of it and therefore as the Author of the late booke called Liberty vindicated against Slavery very well saith p. 7. from Sir Edward Cooke in the 1. part of his instit f. 260. that by the Law prisons are ordained not for distruction but for securing of mens persons untill they be brought forth unto due and speedy tryall for being in prison they are under the most especiall protection of the Law and the most tender care thereof and are therefore to be humanly courteously and in all Civillity ordered and used otherwise Goalers are not keepers but tormentors and executioners of men untryed and uncondemned but this were not salvo custodia to keep men in safety which the Law implyes and is all it requires but diseruere to distroy before the time which the Law abhors and detests yea and that prisoners though never so notorious in their crimes may be the more honestly and carefully provided for and the better and more civilly used and to the end that Goalers and Keepers of prisons should not have any colour or excuse for exacting any thing from prisoners under what colour or pretence soever whether the same be called fees or Chamber-rent who are in custody of the Law It is provided and declared by the Law that all prisons and Goales what ever be the Kings for the publike good and therefore are to be repared and furnished as prisons at the common Charge see Cook on

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