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A88241 Rash oaths unwarrantable: and the breaking of them as inexcusable. Or, A discourse, shewing, that the two Houses of Parliament had little ground to make those oaths they have made, or lesse ground to take, or presse the taking of them, being it is easie to be apprehended, they never intended to keep them, but onely made them for snares, and cloaks for knavery, as it is clearly evinced by their constant arbitrary and tyranicall practices, no justice nor right being to be found amongst them; by meanes of which they have declaratorily, and visibly lost the very soule and essence of true magistracy, (which is, the doing of justice, judgement, equity ... In which is also a true and just declaration of the unspeakable evill of the delay of justice, and the extraordinary sufferings of Lievtenant Colonell John Lilburne, very much occasioned by M. Henry Martins unfriendly and unjust dealing with him, in not making his report to the House. All which with divers other things of very high concernment, are declared in the following discourse, being an epistle, / written by Lievtenant-Colonell John Lilburne, prerogative prisoner in the Tower of London, to Colonell Henry Marten, a member of the House of Commons of England ... May 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2167; Thomason E393_39; ESTC R201615 53,968 58

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England and then make what lying reports to the House they please and get their bodies committed to prison and that without hearing them and all this did M. Hollis and Sir Walter Earl the other day to Major Tuliday Againe sixthly you your selves have declared that you have received Petitions for the removall of things established by Law and say you we must say that all that know what belongeth to the course and practice of Parliament will say that we ought so to doe and that our Predecessors and his Majesties Ancestors have constantly done it there being no other place wherein Lawes that by experience may be found grievous and burthensome can be altered or repealed and there being no other due and legall way wherein they which are aggrieved by them can seeke redresse 1 part Book Dec. p. 720. Yea and in severall of your Declarations you have defended and maintained that the concourse of people at Westminster to deliver and waite for answer to their Petitions is both just and lawfull 1 part Booke Dec. p. 123. 201. 209. And yet now of late you are growne to that passe that you reject and will not receive Petitions if they crosse your humours although they be for nothing but the obtaining Justice according to the just and unrepealed long practised Law of England and this was the case of the honest Buckinghamshire and Hartfordshire men in their late Petition see the scond Edition of the Outcries of oppressed Commons p. 9 10 11 12. Yea and when divers honest Citizens of London and as firme friends to you in the day of your straits as any was in England were about a Petition for the redresse of divers things amisse and the establishment of their just Lawes and Liberties for which divers of them by your command have freely ventured their lives the Petition by one of your informing Catchpoles was stollen out of M. Thomas Lamb's house and by M. Glyn Recorder of London and one of your owne Members brought into your House and there in a great heat voted as I am informed a seditious paper which whether it be so or no let the world judge by the copie of it which thus followeth To the right honourable and supreme Authority of this Nation the Commons in PARLIAMENT assembled The humble Petition of many thousands carnestly desiring the glory of God the freedome of the Common-wealth and the peace of all men Sheweth THat as no Civill Government is more just in the constitution then that of Parliaments having its foundation in the free choice of the people and as ●he end of all Government is the safetie and freedome of the governed even ●o the people of this Nation in all times have manifested most heartie affections into Parliaments as the most proper remedie of their grievances yet such hath ●een the wicked policies of those who from time to time have endeavoured to ●ring this Nation into bondage that they have in all times either by the disuse ●r abuse of Parliaments deprived the people of their hopes For testimony whereof the late times foregoing this Parliament will sadly witnesse when it was not onely made a crime to mention a Parliament but either the pretended ●egative voice the most destructive to freedome or a speedie dissolution bla●ed the fruit and benefit thereof whilst the whole Land was overspread with ●ll kinds of oppressions and tyranny extending both to soule and body and that ●n so rooted and setled a way that the complaints of the people in generall wit●essed that they would have given any thing in the world for one six moneths ●…eedome of Parliament Which hath been since evidenced in their instant con●tant readinesse of assistance to this present Parliament excee●ing the Records ●f former ages and wherein God hath blessed them with their first desires making this Parliament the most absolute and free of any Parliament that ever was and enabling it with power sufficient to deliver the whole Nation from all kind● of oppressions and grievances though of very long continuance and to make i● the most absolute and free Nation in the world And it is most thankfully acknowledged that ye have in order to the freedom● of the people suppressed the high Commission Star-Chamber and Councell● Table called home the banished delivered such as were imprisoned for matter● of conscience and brought some Delinquents to deserved punishment That y● have suppressed the Bishops and Popish Lords abolished Episcopacy and that kind of Prelatick persecuting government That ye have taken away Ship-money and all the new illegall Patents whereby the hearts of all the well-affected were enlarged and filled with a confident hope that they should have seen long ere thi● a compleat removall of all grievances and the whole people delivered from all oppressions over soule or body But such is our miserie that after the expenc● of so much precious time of blood and treasure and the ruine of so many thousands of honest families in recovering our Liberties we still find this Nation oppressed with grievances of the same destructive nature as formerly though unde● other notions and which are so much the more grievous unto us because the● are inflicted in the very time of this present Parliament under God the hope o● the oppressed For as then all the men and women in England were made liable to the summons attachments sentences and imprisonments of the Lords o● the Councell-boord so we find by wofull experience and sufferings of many pa●ticular persons that the present Lords doe assume and exercise the same power then which nothing is or can be more repugnant and destructive to the Commons just liberties As then the unjust power of Star-Chamber was exercised in compelling 〈◊〉 men and women to answer to Interrogatoties tending to accuse themselves an● others so is the same now frequently practiced upon divers persons even yo● cordiall friends that have been and still are punished for refusing to answer 〈◊〉 questions against themselves and nearest relations As then the great oppress●on of the high Commission was most evident in molesting of godly peaceab●… people for non-conformity or different opinion and practice in Religion jud●ing all who were contrary-minded to themselves to bee Hereticks Sectarie● Schismaticks seditious factious enemies to the State and the like and und●… great penalties forbidding all persons not licenced by them to preach or pu●lish the Gospel Even so now at this day the very same if not greater molestat●ons are set on foot and violently prosecuted by the instigation of a Clergy n● more infallible then the former to the extreame discouragement and affliction 〈◊〉 many thousands of your faithfull adherents who are not satisfied that contr●versies in Religion can be trusted to the compulsive regulation of any And after the Bishops were suppressed did hope never to have seen such a power assumed by any in this Nation any more And although all new illegal Patents are by you abolished yet the oppressive Monopoly of Merchant-adventurers
and publish them in the English Tongue and that all processes and proceedings therein may be true and also in English and in the most usuall Character of writing without any abreviations that each one who can read may the better understand their owne affaires and that the duty of all Judges Officers and practicers in the Law and of all Magistrates and Officers in the Common-wealth may be prescribed and their fees limited understrict penalties and published in print to the view and knowledge of all men by which just and equitable meanes this Nation shall be for ever freed of an oppression more burthensome and troublesome then all the oppressions hitherto by this Parliament removed 8. That the life of no person may be taken away under the testimony of two witnesses at least of honest conversation and that in an equitable way ye will proportion punishments to offences that so no mans life may be taken his body punished nor his estate forfeited but upon such weighty and considerable causes as justly deserve such punishments and that all prisoners may have a speedy tryall that they be neither starved nor their families ruined by long and lingring imprisonment and that imprisonment may be used onely safe custody untill time of triall and not as a punishment for offences 9. That tythes and all other enforced maintenance may be for ever abolished and nothing in place thereof imposed but that all Ministers may be paid onely by those who voluntarily contribute to them or chuse them and contract with them for their labours 10. That ye will take some speedy and effectuall course to relieve all such prisoners for debt as are altogether unable to pay that they may not perish in prison through the hard-heartednesse of their Creditors and that all such as have any estates may bee inforced to make paiment accordingly and not to shelter themselves in prison to defraud their Creditors 11. That none may be Prison-keepers but such as are of approved honestie and that they may be prohibited under great penalties to receive or detaine any person or persons without lawfull warrant That their usage of prisoners may be with gentlenesse and civility their fees moderate and certain and that they may give security for the good behaviour of their under-Officers 12. That ye will provide some powerfull meanes to keep men women and children from begging and wickednesse that this Nation may be no longer a shame to Christianity therein 13. That ye will restraine and discountenance the malice and impudency of impious persons in their reviling and reproaching the well-affected with the ignominious titles of Round-heads factious seditious and the like whereby your reall friends have been a long time and still are exceedingly wronged discouraged and made obnoxious to rude and prophane people and that ye wil not exclude any of approved fidelity from bearing office of trust in the Common-wealth for non-conformity but rather Neuters and such as manifest disaffection or opposition to common freedome the admission and continuation of such being the chief cause of all these our grievances These remedies or what other shall seem more effectuall to your grave wisdomes we humbly pray may be speedily applied and that in doing thereof ye will be confident of the assistance of your Petitioners and of all considerate well-minded people to the uttermost of their best abilities against all opposition whatsoever looking upon our selves as more concerned now at last to make a good end then at the first to have made a good beginning For what shall it profit us or what remedy can we expect if now after so great troubles and miseries this Nation should be left by this Parliament in so great a thraldome both of body mind and estate We beseech you therefore that with all your might whilest he have time freedome and power so effectually to fulfill the true end of Parliaments in delivering this Nation from these and all other grievances but none may presume or da●… to introduce the like for ever And we trust the God of your good successe will manifest the integrity of our intentions herein and that our humble desires are such as tend not onely to our owne particular but to the generall good of the Common-wealth and proper for this Honourable House to grant without which this Nation cannot be safe or happy And that he will blesse you with true Christian fortitude suitable to the trust and greatnesse of the worke yee have undertaken and make the memory of this Parliament blessed to all succeeding Generations Shall ever be the fervent desire o your humble Petitioners And the Prerogative-men of London which are ready to be Associates with you in inslaving the people petition against it and had thanks returned to them for it and M. Lamb sent up for to a Committee as a Delinquent and divers hundreds of his Fellow-petitioners came up with him with a Certificate to avow the Petition which was as followeth To the honourable the Committee of Parliament sitting in the Queens Court at Westminster Colonell Lee being Chaire-man The humble Certificate of divers persons here present interested in and avouching the Petition lately referred to this Committee by the right honourable the House of Commons Humbly certifying THat the Petition entituled The humble Petition of many thousands earnestly desiring the glory of God the freedome of the Common-wealth and the peace of all men and directed to the right honourable and supreme Authority of this Nation the Commons in Parliament assembled Is no scandalous or seditious Paper as hath been unjustly suggested but a reall Petition subscribed and to be subscribed by none but constant cordiall friends to Parliament and Common-wealth and to be presented to that honourable House with all possible speed as an especiall meanes to procure the universall good of this long inthralled and distracted Nation And we trust this honourable Committee will in no measure dishearten the People from presenting their humble considerations reasons and petitions to those whom they have chosen there being no other due and begall way wherein those that are aggrieved can find redresse * * Declarat 2. Novemb 1642. 1. part book Decl. p. 720 but rather that you will be pleased to give all incouragement therein In assured hope whereof we shall pray c. But the Citizens with their Certificate could not be permitted to deliver it but were with violence thrust out of the Committee-Chamber and a Guard called for to set them packing with a vengeance and being below in the Court of Requests some of them desired M. Nicolas Tew audibly to read the Certificate to the whole company that so all of them might fully understand it for which action he was by the said Committee without any authority at all then from the House committed prisoner to the Serjeant at Armes where to this day hee remaines a most unjust and illegall action and tending to the utter destruction of the greatly impoverished man by his
progresse of that Petition We are not ignorant that we have been and are like to be represented unto you as Hereticks Schismaticks Sectaries seditious persons and Enemies to Civill-government and the like but our said Petition is sufficient to stop the mouthes of such calumniators and declare us to be not only sollicitors for our own particulars but for the generall good of the Common-wealth and will minister a just occasion to suspect the designes of those that so frequently asperse us though their pretences be never so specious And we trust your wisedomes will timeously discover and prevent any evill intended against us And whereas Major Tuledah stands committed by Order of this Honourable House for some conceived misbehaviour towards some Members of your said Committee we humbly intreat that he may be forthwith called to your Barre and be permitted to answer for himselfe and that witnesses may be also heard on his behalfe which justice could never yet be obtained that so this honourable House may be rightly and fully informed concerning his cause and demeanour of those Members the suddain imprisonment of our friends ●eing very grievous unto us And your Petitioners shall pray The specified certificate you will read before in pag. 35. But finding no benefit to themselves by this Petition although they followed it extraordinary close and at the doote presented it to all the Members in print and therefore imediately upon it they frame another and having got a competent number of hands to it they presented it in writing And afterwards in print to all the Members that would receive it the true copy of which thus followeth TO THE RIGHT HONOVRABLE THE COMMONS OF ENGland assembled in Parliament The Humble Petition of divers well affected people in and about the City of London Sheweth THat as the Authority of this Honourable House is intrusted by the people for remedie of their grievances so hath it been their uncustomed and undoubted liberty in a peaceable manner to present unto this House what soever they deemed to be particular or generall grievances And as ye gave encouragement unto others in the use of this just Liberty reproving such as endeavour to obstruct the peaceable promoting of Petitions so did we verily hope to have found the like countenance and protection in promoting our large Petition but no sooner was the promoting thereof discovered but Mr. Glin Recorder as is commonly reported hastily and untimely brought it into the House exclaiming against it as a most dangerous and sedition paper and shortly after the Common Counsel in like manner prejudged it as guilty of danger and sedition though both without any grounds or reasons affixed that we know of And as the worke of Mr. Recorder was the occasion as we conceive of an inquiry after the promoters so also of the hard measure we found at Col. Lieghs Committee where occasion was suddenly taken to threatten or remove by guard to imp●ison Nicholas Tew one of the Petitioners the rest being reviled with odious titles of factious and seditious Sectaries and Major Tulidah another of the Petitioners not only reviled and reproached as the rest but violently hauled and most boysterously used by Sir Philip Stapleton and Col. Hollis who made offer as if they would draw their Swords upon the Petitioners and Sir Walter Earle lifting up his Caen in a most threatning manner took another by the shoulder all which is ready to be certified by sufficient witnesses and which we doe verily beleeve was done purposely out of their hatred to the matter of the Petition to render us as a turbulent people to this Honourable House to begit a mislike of our Petition and to frustrate our endeavours in promoting thereof Unto which their misinformation of this honourable house as we have cause to suspect may be imputed the occasion of the sudden imprisonment of Major Tulidah without heating of him and our so long and tedious attendance for answer to our last Petition and Certificate and the misapprehension of this honourable house of our desires in that Petition For we did not desire as your answer importeth that this house should declare their liking or disliking of our large Petition being not then promoted nor presented by us but that you will be pleased to vindicate our Liberty to promote that Petition notwithstanding the hard measure we had found and the aspertions cast upon it to release the party imprisoned by the Committee meaning Nicholas Tew to discountenance those that obstructed the gathering of subscriptions to call Major Tulidah to your Bar and to heare witnesses on his behalfe that so he might be also rightly informed as of his cause so of the demeanor of some members of that Committee Now for as much as the more we consider the generall grievances of the Common wealth the greater cause we still find of promoting of the large Petition as not discerning any thing of danger therein except in some corruptions yet remaining nor of sedition except as before this Parliament it be in some mens esteemes seditious to move though in the most peaceably manner for remedy of the most palpable grievances and for as much as we are hopefull this Honourable House will in due time have good use thereof for the discovery of such as are ingaged either directly or by Relations in those corruptions for removall whereof the Petition is intended and not knowing for what end so great an effusion of the blood of the people hath been made except to procure at the least the particulars desired in that Petition and that we might know our selves so farre at least to be free men and not slaves as to be at liberty to promote Petitions in a peaceable way to be Iudges of the matter thereof and for our time of presenting them to this Honourable House without let or circumvention We humbly intreat that ye will be pleased 1. To weigh in equall Ballance the carriage of Mr. Recorder and that of the Common Counsell in this weighty cause of prejudging Petitions and to deale with them as the cause deserveth 2. To consider of how evill consequence it is for your Committees to to assume a p●wer of imprisoning mens persons without your Commission and that ye will not passe over this in this Committee 3. To receive the Testimonies concerning Sir Philip Stapleton Col. Hollis and Sir Walier Earle and to deale with them according to the ill consequences of their violent demeanour and misinformation of this Honourable House tending to no lesse then the obstruction of Petitions the gleatest mischiefe that can befall a people in time of Parliament 4. That Nicholas Tew may be wholly inlarged and that no man may hence forth be committed by an Arbitrary power as he at the first was nor without cause shewed though by lawfull Authority 5. That ye will as yet suspend your sense of our Large Petition untill such time as the Petitioners shall judge it fit to present the same as a Petition
unto your wisedomes And as in duty bound we shall pray c. But this Petition being against Mr. Hellis and Sir Philip Stapleton the Captains and heads of the subverters of our Lawes liberties and freedomes after it was debated it was as your Diurnall tells me upon the 20 of May 1647 ●oted 1. To be a high breach of Priviledges 2. That it was seditious 3. That this Petition and the former intituled The humble Petition of many thou●anas c. should be burnt at the Exchange in Cornewell and the Pallace yard at Westminster Saterday next Which as I am informed was accordingly done by the hands of the common hang-man Vpon which the petitioners not being willing to be bafled out of their liberties in making known their grievances without the injoyment of which they are perfect * Read your owne words in Co●…d●… pag. 720. slaves they resolve to attempt a Petition once more though divers of them ●ather desired to remonstrate against you to the whole Kingdome for a company of tyrannicall destroyers and treacherous betrayers contrary to your oaths and the duty of your places of the Lawes Liberties and Freedomes of England And having discoursed my selfe with some of them and perceiving they were resolved to petition once again I told them I conceived they had nothing else to petition for as things at present stood with your house but these two things viz. That seeing the House had voted they had broken their priviledges by petitioning unto them for redresse of their grievances without declaring wherein how or after what manner or giving any reasons at all wherefore they burnt their honest Petition that therefore they would be pleased forthwith publiquely and distinctly to declare unto the whole Kingdome what their priviledges are and when how and after what manner they came by them that so in future time through ignorance in not knowing their priviledges they might not run upon the pricks of their iudignation and the Hang-Mans 2. That they would also be pleased to declare and dictate to them what how and after what manner they should petition for the next time they would vouchsafe to give them leave to Petition to them that so their Petition might not againe be burnt by the hands of the common Hang-man and I withall told them the house of Commons answer to their last Petition did necessarily and iustly lead them as it were by the hand to such a petition as this but they rejected it and framed one of their owne the Copy of which thus followeth To the Right Honourable the Commons of England Assembled in Parliament The humble Petition of many thousands of well affected People Sheweth THat having seriously considered what an uncontrouled liberty hath generally been taken publiquely to reproach and make odious persons of eminent and constant good affection to Parliament and common wealth how prevalent indeavours have been to withhold such from being chosen into places of trust or Counsell how easie to molest or get them into prisons how exceedingly liable to misconstruction their motions and Petitions in behalfe of the publique have lately been When we consider what grudgings and repinings have sinistrously been b●gotten against your most faithfull and successefull Army what arts and devises to prov●ke you against them and to make y●u je●lous of them what hard measure some of th●m both Offic●rs and Soldiers have found in divers respects in sundry places When we consider what change of late hath importunately th●ugh caussessely been procured of the Committee of Militia in the City of London and how that new Committee hath already begun to remove from Command in the Train'd bands and Auxiliaries persons not to be suspected of di●affection or ●ewerality but such as have been most zealous in promoting the safety of Parliament and City When we consider how full of Armies our neighbour Countries are round about us and what threatning of forrain forces wee are even astonished with griefe as not able to free our selves from apprehension of eminent danger but are strongly induced to feare some evill intentions of some desperate and wilfull persons yet powerfully working to blast the just ends of this Parliament and re-imbroile this late bleeding and much wasted Nation in more violent warres distempers and miseries And as our earnest desires of the quiet and safety of the Common wealth hath necessitated these our most sad observations So are we constrained to beleeve that so dangerous an alteration could not so generally have appeared but that there is some great alteration befaln both in Counsels and authorities throughout the land which we verily conceive ariseth from no other cause but from the treacherous policie of enemies and weaknesse of friends in chusing such thereinto as have been unfit for those imployments some whereof as is credibly reported having served the enemie in Armes some with moneys horse ammunition or by intelligence some in Commission of Array some manifesting constant malignity in their actions speeches or standing Newters in times of greatest tryall some culpable of notorious crimes others lying under heavie accusations some that are under age or such who are at present ingaged in such courses as in the beginning of this Parliament were esteemed Monopolies Now may it please this honourable House if such as these should remain or may have privily crept into our Counsells or Authorities as by the forecited considerations we humbly conceive cannot but be judged what can possibly be expected by those who have been most active and faithfull in your servi●… but utter ruine or the worst of bondage For prevention whereof and of those dangers warres and troubles that are genera●…y feared we are constrained earnestly to intreat 1. That you will be p●eased instantly to appoint a Committee of such worthy members of this honourable H●use as have manifested most sincere affections to the well affected and to authorize them to make speedy ●n ●…ict inquir●e after all such as are possessed of places of Counsell trust auth●rity or command who according to law Ordinances Reason or ●o●ty ought not to be admitted and that all persons without exception may be permitted and incouraged to bring in accusations witnesses or testimonies for the more speedy perfecting of the wo●ke and that you will forthwith exclude all such out of all offices of counsell trust Authority or command against whom sufficient cause shall be proved without which we cannot see how it is possible for the well affected to live either in peace or safety 2. That you will countenance protect and succour the cordiall well affected in all places according to their severall cases and conditions especially in their addresses with petitions 3. That you will be pleased to condiscend unto all the just and reasonable desi●es of your Commanders Officers and Soldiers by whose courage and faithfulnesse so great services have been performed and severely to punish all such as have any way sought to alienate you from them 4. That the Militia of L●ndon
and others do still remain to the great abridgement of the liberties of the people and to the extreme prejudice of all such industrious people as depend on cloathing or other woollen manufacture it being the Staple commodity of this Nation and to the great discouragement and disadvantage of all sorts of Tradesmen Sea-faring-men and hindrance of Shipping and Navigation Also the old tedious and chargable way of deciding controversies or suits in Law is continued to this day to the extreame vexation and utter undoing of multitudes of Families a grievance as great and as palpable as any in the world Likewise that old but most unequall punishment of malefactors is still continued whereby mens lives and liberties are as liable to the law and corporall pains as much inflicted for small as for great offences and that most unjustly upon the restimony of one witnesse contrary both to the law of God and common equity a grievance very great but litle regarded Also tythes and other enforced maintenance are still continued though there be no ground for either under the Gospel and though the same have occasioned multitudes of suites quarrels and debates both in former and latter times In like maner multitudes of poore distressed prisoners for debt ly still unregarded in a most miserable and wofull condition throughout the Land to the great reproach of this Nation Likewise Prison-Keepers or Goalers are as presumptuous as ever they were both in receiving and detaining of Prisoners illegally committed as cruell and inhumane to all especially to such as are well-affected as oppressive and extorting in their Fees and are attended with under-officers of such vile and unchristian demeanour as is most abominable Also thousands of men and women are still as formerly permit●…d to live in beggery and wickednesse all their life long and to breed their children to the same idle and vitious course of life and no effectual meanes used to reclaim either or to reduce them to any vertue or industry And last as those who found themselves aggrieved formerly at the burdens oppressions of those times that did not conform to the Church-government then established refused to pay Ship-money or yeeld obedience to unjust Patents were reviled and reproached with nicknames of Puritans Hereticks Schismaticks Sectaries or were tearmed factious or seditious men of turbulent spirits despisers of government and disturbers of the publike peace even so is it at this day in all respects with those who shew any sensibility of the fore-recited grievances or move in any manner or measure for remedy thereof all the reproaches evills and mischiefs that can be devised are thought too few or too little to bee said upon them as Roundheads Sectaries Independents Hereticks Schismaticks factious seditious rebellious disturbers of the publike peace destroyers of all eivill relation and subordinations yea and beyond what was formerly non-conformity is now judged a sufficient cause to disable any person though of known fidelity from bearing any Office of trust in the Common-wealth whilest Neuters Malignants and dis-affected are admitted and continued And though it be not now made a crime to mention a Parliament yet is it little lesse to mention the supreme power of this honourable House So that in all these respects this Nation remaineth in a very sad and disconsolate condition and the more because it is thus with us after so long a session of so powerfull and so free a Parliament and which hath been so made and maintained by the aboundant love and liberall effusion of the blood of the people And therefore knowing no danger nor thraldome like unto our being left in this most sad condition by this Parliament and observing that we are now drawing the great and weighty affaires of this Nation to some kind of conclusion and fearing that ye may ere long bee obstructed by somthing equally evill to a negative voice and that ye may be induced to lay by that strength which under God hath hitherto made you powerfull to all good workes whilest we have yet time to hope and yee power to help and least by our silence we might be guilty of that ruine and slavery which without your speedy help is like to fall upon us your selves and the whole Nation we have persumed to spread our cause thus plainely and largely before you And do most earnestly entreat that ye will stir up your affections to a zealous love and tender regard of the people who have chosen and trusted you and that ye will seriously consider that the end of their trust was freedome and deliverance from all kind of temporall grievances and oppressions 1. And that therefore in the first place ye will bee exceeding carefull to preserve your just authority from all prejudices of a negative voice in any person or persons whomsoever which may disable you from making that happy return unto the people which they justly expect and that ye will not be induced to lay by your strength untill ye have satisfied your understandings in the undoubted security of your selves and of those who have voluntarily and faithfully adhered unto you in all your extremities and untill yee have secured and setled the Common-wealth in solid peace and true freedome which is the end of the primitive institution of all governments 2. That ye will take off all Sentences Fines and Imprisonments imposed on Commoners by any whomsoever without due course of Law or judgement of their equalls and to give due reparations to a●l those who have been so injuriously dealt withall and for preventing the l●ke for the time to come that yee will enact all such Arbitrary proceedings to bee capitall crimes 3. That ye will permit no authority whatsoever to compell any person or persons to answer to questions against themselves or nearest relations except in cases of private interest between party and party in a legall way and to release all such as suffer by imprisonment or otherwise for refusing to answer to such Interrogatories 4. That all Statutes Oathes and Covenants may be repealed so farre as they tend or may be construed to the molestation and ensnaring of religious peaceable well-affected people for non-conformity or different opinion or practice in Religion 5. That no man for preaching or publishing his opinion in Religion in a peaceable way may be punished or persecuted as hereticall by Judges that are not infallible but may be mistaken as well as other men in their judgements least upon pretence of suppressing Errors Sects or Schisms the most necessary truths and sincere professors thereof may be suppressed as upon the like pretence it hath been in all ages 6. That ye will for the encouragement of industrious people dissolve that old oppressive Company of Merchant-Adventurers and the like and prevent all such others by great penalties for ever 7. That yee will settle a just speedy plaine and unburthensome way for deciding of controversies and suits in Law and reduce all Lawes to the nearest agreement with Christianity
and not to be justified and which I my selfe felt as much as any man in England yet compared to yours was glorious and beautifull for did he ever cause to be burnt by the hands of the Common hangman the Petitions of those that he by his Declarations had invited to Petition to him and who in his greatest straites had been most hazardous for him and truest and firmist to him both of which you have done as is before proved Neither in the second place did I ever read that he did proclame and declare such men to be Rebells and Traitors but for going about to make their just and pressing grievances knowne which you have done to the Army yea to such an Army as I thinke I may iustly say in every particular the world never had any as may larger appeare by their Petition and your declaration which as it is printed by themselves or some of their friends thus followeth The Armies Petition TO HIS EXCELLENCY SIR THOMAS Fairfax Generall for the Parliaments Forces The humble Petition of the Officers and Soldiers of the Army under your Command Sheweth THat ever since our first ingagement in the service for the preserving the power of this Kingdome in the hands of the Parliament we have in out severall places served them with all faithfullnesse and although we have laine under many discouragements for want of pay and other necessaryes yet have we not disputed their commands disobeyed their Orders nor disturbed them with petitions nor have there any visible discontents appeared amongst us to the incouragement of the enemie and the impediment of their affaires but have with all cheerfullnesse done Summer service in Winter seasons improving the utmost of our abillities in the advancement of their service and seeing God hath now crowned our indeavours with the end of our desire viz. the dispercing of the pulique Enemie and reducing them to their obedience the King being now brought in our brethren the Scots now satisfied and departed the Kingdome all danger seemingly blown over and peace in all their quarters We imboldned by the many fold promises and Declarations to defend and protect those that appeared and acted in the service doe herewith humbly present to your Excellency the annexed Representation of our desires which we humbly beseech your Excellency to recommend or represent in our behalfe unto the Parliament and your Petitioners shall ever honour and pray for your Excellency c. The humble Representation of the desires of the Officers and Soldiers of the Army under the command of his Excellency Sir Thomas Fairfax presented first ●o his Excellency to be by him presented to the Parliament 1. Whereas the necessity and exigency of the warre hath put us upon many actions which the law would not warrant nor we have acted in a time of setled peace we humbly desire that before our disbanding a full and sufficient provision may be made by Ordinance of Parliament to which the royall affent may be desired * * * In this we desire no more then the City and Parliament have done before us notwithstanding their many notable and home Declarations against the King for our indemnity and security in all such cases 2. That Auditors and Commissioners may be speedily appointed and authorized to repaire to the Head quarters of this Army to audite and state our accompts as well for our former service as for our service in this Army and that before the disbanding of the Army satisfaction may be given to the Petitioners for their Arrears that for the charge trouble and losse of time which we must otherwise necessarily undergoe in attendance for obtaining of them may be prevented we having had experience that many have been reduced to miserable extremity even almost starved for want of reliefe by their tedious attendance and that no Officer may be charged with any thing in his accompts that doth not particularly concerne himselfe 3. That those who have voluntarily served the Parliament in the late war may not hereafter be compelled by presse or otherwise to serve as Soldiers out of this Kingdome nor those who have served as Horse-men may be compelled by presse to serve on foot in any future case 4. That such in this Army as have lost their lives and the wives and children of such as have been slaine in the service and such Officers and Soldiers as have sustained losses or have been preiudiced in their estates by adhering unto the Parliament or in their persons by sicknesse or imprisoment under the Enemy may have such allowance and satisfaction as may be agreeable to iustice and equity 5. That till the Army be disbanded as aforesaid some course may be taken for the supply thereof with money whereby we may be inabled to discharge our quarters that so we may not for necessaries be forced to be beholding to the parliaments Enemies burthensome to their friends or oppressive to the Country whose preservation we have alwayes indeavoured and in whose happinesse we shall still reioyce Courteou-Reader The foregoing is a true copy of the Petition promoting in the Army which the Parliament are too much offended with and therefore let the righteous God and all ingenious men iudge if the desires of this Army be not rationall iust and equitable and let the Lord of Heaven and Earth behold what here is desired to occasion such a Declaration against this innocent Army 〈◊〉 any the Officers thereof as is here unto annexed and let men that love 〈◊〉 ●…edome and hate tyrants looke about and consider if it be not the deug●… of those few men that abuse the Parliament maliciously making odious reports 〈◊〉 the House of the actions of that Army in the worse sence they can devise as Stapleton Hollis Luke and Earle lately did in the like c●… 〈◊〉 abominable act of cōmitting Ma. Tulidah without ever he●ring what a 〈◊〉 say for himselfe an●niurie so much former●y complained of by the●… 〈◊〉 and ●…act of the highest iniustice in the world to condern●… 〈…〉 ●…aring and when both his friends and himselfe did most 〈…〉 ●e might be brought to their barie that the hon●… 〈…〉 ●…tly informed of the demeanor of these Members 〈…〉 ●…ri●g ●hat Ma●or Tulidah should discover them at th●… 〈…〉 ●…emies to the legall and iust liberties of the people which to prevent they became the only instruments to get him his liberty and with ut hearing they forthwith got him released A Declaration of the Lords and Commons assembled in Parliament Die Martis 30. Martii 1647. THat the two Houses of Parliament having received information * * The informers are said to be Col. Rossiter and Col. Harlow both members of the House of Commons and the Army likewise of a dangerous Petition with representations annexed tend●ng to put the Army in a distemper and muteny to put conditions upon the Parliament and obstruct the reliefe of Ireland which hath been contrived and promoted by some persons in the Army
or willingly receive relieve comfort aid or maintaine any such person before-mentioned being at liberty out of prison knowing him to be such as before is expressed shall also for such offence be adjudged a fellon without benefit of Clergie and suffer death lose and forfeits as in case of one attainted of Fellony And this Parliament hath made a solemne League and Covenant and voted that no man shall sit in Parliament without taking it nor no man beare any Office without taking it and you have voted and in severall places made the Freemen of England uncapable to give a voice to choose an Officer if they will not take it in the second Article of which unjust unrighteous and wicked contradicting Covenant all those that take it sweare to extirpate Popery 1 part Book Deel fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament force the Freemen of England against their wills and minds and the Allegation of the fore-mentioned Law and Covenant to pay Tythes the root and support of Popery to a generation of new upstart Romish Priests or Synodian Sion Colledge Jure divino men that have no other Authority and Power to stand by in their function of Presbyterie but what they challenge and derive from Rome having alreadie avowedly in print renounced and scorned any Jurisdiction either from the Parliament or the people of their Parishes by vertue of which their owne avowed claime they are ipso facto within the lash and reach of the fore-mentioned Statute and may by any Freeman of England be indicted at the Assizes or Sessions for Traytors and ought without mercy by the strength of that Law to suffer as Traytors and all those that pay Tythes or otherwise maintaine them after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament and challenge it Jure divino derivitive from the Pope may be indicted as Fellons and ought to die as Fellons Now Sir is it not a piece of gallant justice in the Parliaments Judges Justices and illegall Committee-men to put freemens persons in prison without Baile or Maineprize and to plunder and I think I may say rob divers of them of their goods and cattels for refusing to support Popery after they have sworne to extirpate it by paying of Tythes to a company of Popish Presbyterian Priests that scorne to derive any power from the people of their Parishes and have already publikely and avowedly renounced the Parliaments Power and Authority and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome Fourthly the Law of England hath provided an universall remedy for all the men of England to recover their debts by from those that are indebted to them the benefit of which Law the present Parliament both doe and will injoy and at their pleasure will sue anie freeman in England that is not one of themselves but are so fortified with their big swolne priviledges that no man shall dare to meddle either with their persons or estates though they owe never so much and yet divers of them will neither of themselves pay use nor principall although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars but for the good of the Kingdome and People that choose them that so by the malice of any prerogative man or enemy to the just Libertie of the Commons of England they might not by malicious Arrests be molested troubled diverted or hindered for doing their Countrey faithfull service in the place they had chosen them unto But when this priviledge was first given them which in its selfe is just in its institution though now by the present Parliament-men abused in its execution it remained in them but for certaine weeks for then Parliaments were very short being by the ancient and just unrepealed Law of the Land to be chosen once every year or oftner if need required 4. E. 3.14 36. E. 3.10 it being impossible to be conceived that ever they thought then that any Parliament in England should remaine seven years to the cheating cozening and devouring of particular multitudes of men of their particular debts which now are likely by some Parliament-men to be so long owing them that they will not be claimable or recoverable by Law when this Parliament is ended which by its long sitting is and is more evidently like to be the greatest subversion of Englands Lawes Liberties and Freedomes of any thing that ever was done in England King Charles his seventeen years mis-government before this Parliament as you in your Declarations call it was but a flea-biting or as a mouldhill to a mountain in comparison of what this everlasting Parliament already is and will be to the whole Kingdome and therefore I say and will maintaine it upon the losse of my life that the Commons of England may bid adieu to their Lawes Liberties Freedomes Trades and Properties unlesse they speedily take a course for the electing of a new Parliament for the Members of this Parliament many of them to my knowledge judge themselves subject to no rule nor to be governed by any law but say that they are above Magna Charta and the most excellent Petition of Right and may abolish them although there be divers things in them so founded upon the principles of pure reason which by the fundamentall Maximes of the Law are unalterable Doctor and Student Ch. 2. fol. 4 5. see Innocency and truth justified p. 62. and the Morall Law of God that it is impossible for any power whatsoever to abolish them that is not greater then God or hath not derived a just power from him to dispence with his unchangeable Lawes one of which is That Justice shall never be sold nor impartially administred which is with other most excellent rationall and unalterable things ratified expressely in the 29. Ch. of Magna Charta besides all the rest of most excellent things in those two Lawes confirmed many of which are of universall concernment to all the sons of men under any just Government in the world and as for those things contained in them that are rationally in processe of time upon just experimentall grounds alterable and changeable if you will give us better in their places doe when you will without the doing of which by your own grounds and principles you cannot justly change them being impowered and chosen by us to provide for our weale but not for our woe to provide for our better being but not for our worse being 1 part Book Dec. p. 150. Againe fifthly the Law of England hath provided That whosoever breaks the peace shall be punished or whosoever layes violent hands upon a man and if any man doe it to a Parliament-man he will trounce him for it but they themselves can breake the peace and lay violent hands without cause upon the Freemen of
with Chapter 8.1 Ch. 22.24 where Paul positively accuseth himselfe for being guilty of the murder and blood of righteous Stephen although wee read not that he either was an actor in throwing him out of the City or stoning him but only that he stood by and see it but declared nothing against it therefore say I to you partake not with them in their evills by continuing with them but be divided from them least you partake of their plagues which must unavoidably speedily and powerfully come upon them to their transcendent and exemplary destruction if God be as undoubtedly he is a God of righteousnesse justice and truth But now Sir seeing that to maintaine the good Lawes of the Land and to abolish the bad ones and to redresse the mischiefs and grievances that daily happen 4. E. 3.14 36. E. 3.10 see The resolved mans Resolution pag. 19. are the maine and principal ends wherefore Parliaments are called and being it is impossible for you the people 's chosen and betrusted Stewards or Commissioners to know the grievances of the people your Empowerers earthly Creators Lord and Masters if you take away the liberty of declaring them unto you which you have done let me a little demonstrate whether or no that you by your late burning their Petitions c. refusing to hear their grievances have not positively an● visibly declared that you have forfeited your essence and being absolutely nullified the end of your sitting and are from a company of faithfull and careful● Shepheards appointed to preserve the being and well-being of this poore Common-wealth become to be a company of devouring Lions and ravening Wolves who deserve to have all the Mastie Doggs in the Kingdome let loose about your eares to worry and pull you in pieces and so destroy you before you have totally wasted and destroyed this poore Kingdome already in the hie rode way to be destroyed by you But to returne to the Citizens Petitions to your House after they had been so sleighted about their Certificate by the aforesaid Committee and so abused by M. Hollis Sir Philip Stapleton and Sir Walter Earle that base coward that ran away betrayed or at least in a ground lesse pannick feare deserted Dorchester in Dorsetshire when it was well and plentifully provided with Ammunition c. and also so behaved himselfe at Corfe-Castle that he deserves to bee stiled the chiefe of base unworthy and cowardly men and after that M. Nicholas Tue and Major Tuliday was as is before declared most unjustly imprisoned the said honest Citizens presented the House with a Petition which thus followeth To the Right Honourrable the COMMONS of ENGLAND assembled in PARLIAMENT The humble Petition of divers well-affected Citizens Sheweth THat as the oppressions of this Nation in times fore-going this Parliament were so numerous and burthen some as will never be forgotten so were ●he hopes of our deliverance by this Parliament exceding great and full of confidence which as they were strenthned by many Acts of yours in the begining specially towards consciencious people without respect unto their judgments ●r opinions So did the gratitude of well-minded people exceed all president or ●xample sparing neither estates limbs liberties or lives to make good the au●hourity of this Honorable House as the foundation and root of all just free●ome And although we many times observed to our grief some proceedings holding ●esemblance rather with our former bondage then with that just freedome we ●xpected yet did we impute the same to the troublesomenesse of the times of ●…ar patiently and silently passing them over as undoubtedly hopeing a perfect ●…medy so soon as the warres were ended but perceiving our expectations alto●ether frustrate we conceived our selves bound in conscience and in duty to God to set before you the generall grievances of the Common-wealth and the earnest desires of ingenuous well-minded people and for that did ingage in promoting the Petition in question in the usuall and approved way of gathering subscriptions with full intention to present the same to this Honourable House so soon as it should be in readinesse but as it appeareth a Copy thereof was unduly obtained and tendred to this Honourable House under the notion of a dangerous and seditious Paper Whereupon this House was pleased to order the Petition to the Committee whereof Col. Lee is Chairman and Mr. Lambe at whose House it was said to be found to be there examined concerning the same Whereupon your Petitioners conceived it their duty to own and avouch the said Petition for that end in a peaceable manner attended that Committee with this humble Certificate herunto annexed to be offered ro their wisdomes as oppor tunity should be ministred but through some small miscarriage of some few persons for which your Petitioners were much grieved your Committee took so suddain and high displeasure as to command your Petioners to withdraw threatning to remove them with a guard before they had time to turn themselves Whereupon your Petitioners caused the Certificate to be publikely read in the Court of Requests to take the sence and allowance of many persons who had not before seen the same with intent still to present it which though endeavoured to be utmost was absolutely refused to be received but to our astonishment occasion was taken against our friend M. Nicholas Tue that read the same so far as that he stands a prisoner to that Committee and much harsh language with threatnings and provocations issued from some of the Committee towards some other of our friends purposely as we verily beleeve to get some advantage to represent us odious to this Honorable House whose persons and authority hath been as deare in our esteeme as our very lives And therefore wee have just cause to complaine to this Honorable House 1. Of unjust usage from those that endeavoured to interrupt the gathering of hands in a peaceable way or to possesse this Honorable House with evill suggestions concerning the intention and purpose of the said Petition 2. Of hard measure from your Committee in the particulars fore-mentioned contrary to what we have deserved or should have found in former times 3. Neverthelesse our liberties to promote Petitions to this Honorable House is so essentiall to our freedome out condition without the same being absolute slavery and our hope of justice from this Honorable House is so essential● to our freedome our condition without the same being absolute slavery And our hope of justice from this Honorable House so great in protecting us therein that we are not discouraged by what hath passed but in confidence thereof do humbly intreat First That ye will be pleased to declare our freedome to promote and your readinesse to receive the said Petition which we cannot but still looke upon as tending to the generall good of this Nation Secondly That our friends may be inlarged and that Ye will discountenance the officiousnesse of such over-busie informers as have disturbed the iust
They doe declare their high dislike of that Petition their approbation and esteem of their good Service who first discovered it and of all such Officers and Soldiers as have refused to joyne in it and that for such as have been abused and by the parswasion of others drawn to subscribe it if they shall for the future manifest their dislike of what they have done by forbearing to proceed any further in it it shall not be looked upon as any caus to take away the remembrance sence the houses have of the good service they have formerly done but they shall still be retained in their good opinion and shall be cared for with the rest of the Army in all things necessary and fitting for the satisfaction of persons that have done so good and faithfull service and as may be expected from a Parliament so carefull to performe all things appertaining to honour and justice as on the other side it is declared that all those who shall continue in their distempered condition and goe on in advancing and promoting that petition shall be looked upon and proceeded against as enemies to the State and d●sturbers of the publique peace Die Martis 30. Martii 1647. Ordered by the Lords assembled in parliament that this Declaration be forthwith printed and published John Brown Cler. Parliamentorum Now Sir to conclude the tyrannicall house of Lords having most illegally barbarously tirannically and unjustly committed me to prison and sentenced me under wh●se tyranny you are willing to suffer me to perish and then by your and their whifling and buking Curs to bespatter and reproach me in print thereby strongly indeavouring to m●ke me as odiou● in the eyes of the sons of men as Job was in all his botches and alasse pocre I must be kept in pri●… 〈…〉 without pen or inke accesse of friends or any 〈…〉 and so deprived of all means to vindicate my 〈…〉 ●…ce write in my owne behalfe and set my name to wi●… 〈◊〉 ●…ing alwayes ready to owne and iustifie my lines and to seale then with my 〈◊〉 blood yet my wife must be made a prisoner and fetched up to your arbitrary Committees for dispersing of my bookes and the book women in Westminster Hall that sell them must have then shops and houses searched and rob'd of all my bookes by your Catch poules and if you suspect any for printing of them they must be sure to be dealt worse wi●h then if they were Traytors and enemies to their Country and have their houses rob'd and spoyled of their goods and presses with which they earne bread for them and their families and carried away by force before any legall tryall or conviction of any crime contrary to the lawes of the land which possitively declares that no free man of England forfeits his lands goods or livelyhoods tell he be convicted of a crime 1 R. 3.3 Cookes 2. part institutes chap 103. fol. 228. 229. See the Petition of Right yea and their bodies imprisoned most tyrannicall and illegally without baile or maineprize although there be no collour in law for the pretended cause of their commitment nor no power in law for any Committee of your house to commit a printer or any other free man in England to prison See the law authorities mentioned in Judge Jenkins late printed papers And when the prisoner according to the law of the Kingdome sues for a Habias Corpus which legally cannot be denyed to any prisoner whatsoever and by vertue thereof be brought before the present Judges of the Kings bench Justice Bacon and Justice Rowles yet contrary to law and their owne oathes which oaths are before mentioned they refuse to deliver the prisoner so uniustly imprisoned or to take baile for his forthcomming but returne him back to prison againe there contrary to law and iustice to be kept without bail or maineprize Oh horrible tyrannie oppression and iniustice and yet as I am certainly informed this was the case of Mr. Thomas Paine a Printer the last tearme Nay your Catchpoules by their owne power can and have forceably entered and felloniously and illegally carried away my proper and truly com'd by goods to a large value for which though I complained to your Committee yet could I not obtaine from their hands one dram of Justice See my examination before them called the resolved mans resolution pag. 12. Nay this is not all for when your members and the Lords and their catchpoules creatures have sufficient railed at me and reproached me and tyed up my hands by depriving me of all meanes as they thought to publish any thing for my owne defence then they as I conce●ve ioyne together and git some lying Presbyter assemblie man or other for the Author concealing his name and I not able to find it out I apprehend and iustly conceive I have iust cause to lay it to them it being so sutable to the constant meanes they and their Creatures use to set up their new reformed Kingdome to frame contrive and publish to the view of the world a Recantation in my name that J my selfe though my name be to it had not the least finger in or knowledge of thereby to render me odious to the purpose and to declare me a weather cock follow and as fass●l and easie in changing my former avowed just principles as the Lords and Commons and assembly men at Westminster are to change theirs But Sir if God permit I shall take a more fi●t oppertunity to anotomize that grosse peice of Pa●l●…mentary assembly knavery And therefore I must plainly tell you seeing the Lords and Commons at Westm●nster have dealt so ●arb rously and illegally with 〈◊〉 as they have done * And not with me but also with M. Over●on his wife and brother and Mr. Larners man and maid who are all yet in person and can have nor obtain any iustice from either of your houses and are worse then the unrighteous Iudge that upon no importunity will doe me Justice I am now in good sober resolved earnest determined to appeale to the whole Kingdome and Army against them and it may be thereby come quittance with them and measure unto them as they have measured to me and doubt not but to make it evident that though some of your members call the Army Rebells and Traitors for contesting with those that gave them their power and authority that they themselves a●e reall Rebells and Traitors to the trust reposed in them by the free people of England their Empero●rs Lords and Masters And that the Army are really and truly a company of Rogues Knaves and traiterous Villains to themselves and their native Country if they should disband upon any tearmes in the world till they have brought them to examplary Justice and made them vomit up the vast sums of the publiques money that they have swallowed down into their devowring canniball mawes and firmly setled the peace and iustice of the Kingdome which that they may faithfully and cordially doe is and shall be the daily prayer of him that hath been and will be againe your true friend if you will repent of your remissenesse and slacknesse and manifest your selfe to be more firme active and valourous for the good of your Country Iohn Lilburn From my uniust Captivitie in the Tower of London for the visably almost destroyed Lawes and Liberties of England which condition I more highly prize though in misery enough outwardly then the visiblest condition of any member whatsoever that sits in either or both houses being all and every of them apparently palpably and transendently forsworne having all of them taken Oaths upon Oathes to mainetaine the lawes liberties and freedome of the land and yet in their dayly practice overthrow and destroy them of which sin and wickednesse they are all of them guilty in regard you all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to your duty manfully protest against and declare your dislike of their crooked uniust and Englands destroying wayes this 31. of May 1647. John Lilburne FINIS