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A88180 England's birth-right justified against all arbitrary usurpation, whether regall or parliamentary, or under what vizor soever. With divers queries, observations and grievances of the people, declaring this Parliaments present proceedings to be directly contrary to those fundamentall principles, whereby their actions at first were justifyable against the King, in their present illegall dealings with those that have been their best friends, advancers and preservers: and in other things of high concernment to the freedom of all the free-born people of England; by a well-wisher to the just cause for which Lieutenant Col. John Lilburne is unjustly in-prisoned in New-gate. Lilburne, John, 1614?-1657. 1645 (1645) Wing L2102; Thomason E304_17; ESTC R200315 41,349 51

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and place committed unto him ipso facto estate the Army in a right of disobedience even by standing on their own defence as the Parliament themselves doe and we also in helping them or else where had they been against the fury of the King which Salomon calleth like the roaring of a Lion except wee thinke that obedience binds men to cut their owne throates or at least their companions so as they truly teach us it is the equitie and not the Letter of the Law unto which wee must have recourse in our greatest necessity as the Parliament themselves were forced to doe and still doth in this their owne extremity But some will say that our bondage is not yet so bad as that of Aegypt was for all the Jewes were in great bondage under the Egyptions and yet many of ours are exempted unto that I yeeld and doe confesse that few of our great and mighty men doe either work the clay or make the bricks but they lay either all or most part of the burthen on the poor by heavy labour and sweat of their browes in the heat of the day not only in working the clay and making of the bricks but if they doe complaine to Higher Powers upon their cruell and Tyrannous Task-masters they are so farre from getting any kind of Justice that because they moaned and complained and groaned under such heavy and grievous burdens that they were not able any longer to beare or indure they are further ordained even for their complaining to gather stubble too because they are so idle Innumerable instances there are throughout these three mourning and bleeding Kingdomes to prove all these businesses but I will onely chuse a Citie instance and let every man who is in his profession after that manner grieved and wronged turne the simile home to himself according to his smart Though the poore Hat-makers who earne their living with heavy and hot labours both early and late doe pay Excise both for all the materialls and fire which they use for the bread they eate for the liquor they drinke and clothes they weare yet when they have made their Hatts and done all they can with great trouble and toyle day and night they are forced to pay Excise over againe out of their very labour notwithstanding it was both so deare and heavy in buying all the necessaries before O cruell pitifull lamentable and intollerable Bondage no longer to be indured suffered nor undergone the burdens being far heavier then the poore labourers can beare and yet the Spirituall Task-masters doe gape and roar like Lions for their prey of Tythes also over above and besides all without any kinde of pitie compassion or commiseration in these grievous daies of affliction When this Kingdom was in any way or possibility of subsistance the auntient custome was that Taxations should be raised by way of Subsidie which is the most just equitable and reasonable way of all for it sets every tub on its owne bottome it layes the burthen upon the strong shoulders of the rich who onely are able to beare it but spareth and freeth the weake shoulders of the poore because they are scarcely able to subsist pay rent and maintain their families But our new invented pay layes the burden heavily upon the poore and men of middle quality or condition without all discretion and scarcely maketh the rich touch it with one of their fingers yea many of them are more and more advanced in their prosperous estate through the great ruines distractions and miseries of the Kingdome by their great salleries they have for executing their places as 500 l. 1000 l. 1200 l. and more per annum besides all the bribes they get and the false Accounts they make So that in this life the rich have their pleasures but poore Lazarus paines Seeing the Parliament ordained that none should be accepted to be a Parliament-man that had been a Monopolizer to the Kings Counsell and false Judges against the Liberties of the free-men of England is it not as unjust to imploy any man in a place of Trust Credit or profit now in Parliament time that have been known to be a Monopolizer in any place or Office to or for the Parliament to the prejudice of the Free-men of England Further it was omitted in the former part of this book where complaint is made both of injustice to well-doers and no justice to evill doers that according to the Parliaments booke of Declarations pag. 259. and 260. Whosoever shall serve or assist the King in these Warres are Traytors by the fundamentall Lawes of this Kingdome and have been so adjudged by two Acts of Parliament 11. Richard 2. 1. Hen. 4. And pag. 576. of the said book It is declared by the Lords and Commons assembled in Parliament that whereas the King seduced by wicked Counsell doth make warre against his Parliament and People and for the promoting of that war divers forces both of horse and foot have been and are leavied and raised by severall persons and his Majesties good Subjects are most cruelly robbed spoiled and slaine To the end that no man may be misled through ignorance the Lords and Commons in Parliament declare that all such persons as shall upon any pretence whatsoever assist his Majestie in this warre with Horse Armes Plate or money are Traytors to his Majestie the Parliament and the Kingdome and shall be brought to condigne punishment for so high an offence Yea and according to the book of Articles for Warre pag. It is enacted to be death unto any whosoever who holdeth Intelligence and correspondency with the enemy All which Sir John Lenthall and the Speaker his Brother have done and yet it must neither be proved against them nor they tryed nor arraigned but altogether excused cleered and freed even by Vote of Parliament and the accusers both prisoned and arraigned for them yea a Committe chosen to devise and inflict punishments against the Accusers so that still the just are condemned and the wicked absolved Psal 9.18 19. For the needy shall not alway be forgotten the expectation of the poore shall not perish for ever Arise O Lord let not man prevail let the Heathen be judged in thy sight And 12.5 For the oppressions of the poor for the sighing of the needy now will I arise saith the LORD I will set him in safety from him that puffeth at him And 35.10 All my bones shall say LORD who is like unto thee which delivereth the poore from him that is too strong for him yea the poore and the needy from him that spoileth him And 37.14 The wicked have drawne out the sword and have bent their bow to cast downe the poor and needy and to stay such as be of upright conversation And 62.9 10. Surely men of low degree are vanity and men of high degree are a lie to be laid in the ballance they are altogether lighter then vanity Trust not in oppression become not vaine in robbery if
poor people beleeve the Poopes unwritten verities were as binding as Scripture Rules which the Lawyers have given the Commons just cause to fear is their present practise with law Cases many of which are besides the Rule of the Statute-law and also against Justice Equity and Conscience tending to no other end but to inslave the People 8. Whether it be not just and equall that seeing Monopolisers were thrown out of the House about Foure yeeres agoe as infringers upon the Common-right of all the free-men of England in setting up Pattents of Soape Salt Lether c. why should not those be partakers of the same justice now that have been chief sticklers in setting up greater Patentees then ever the former were As first the Patent of ingrossing the Preaching of the Word only to such men as weare Black and rough garments to deceive Zech. 13.4 and have had a Cannonicall Ordination from the Bishops and so from the Pope and consequently from the Divell although the Spirit of God doth command every man that hath received a gift to minister the same one to another as good Stewards of the manifold grace of God 1 Pet. 4.10 11. And although ignorance and blindnesse be so universall all over the Kingdome experience teaching that where that most abounds they draw their swords soonest against the Parliament and Common-wealth and so consequently against themselves and continue the longest in their Rebellion as now wee have woefull experience yet these grand Monopolizers will neither goe amongst them themselves nor suffer others without severe punishment to instruct and teach them the Principles of Christianity or Morallity by means of which they become destroyers and murderers of soules and bodies and enemies to the very Civill societies of Mankind The second Monopoly is the Patent of Merchant Adventurers who have ingrossed into their hands the sole trade of all woollen Commodities that are to be sent into the Netherlands the mischievousnesse you may at large read in a late discourse consisting of motives for the inlargement and freedome of trade especially that of Cloath and other wollen manufactures ingrossed at present contrary to the law of Nature the law of Nations and the lawes of this Kingdome by a company of private men who stile themselves Merchant Adventurers the first part of which Discourse the second being not yet come out are to be sold by Stephen Bowsell in Popes-head-alley Wool being the stapell Commoditie of the Kingdome and freee by the lawes and Constitutions of the land for all the Free-men of England to trade in 12. H. 6. 6. and 21. 13. the injoyment of which is so essentiall a Priviledge to all the Commons of England that whosoever gives it from them and by any pretended Patent or Authority whatsoever assumes it to themselves are culpable of the greatest of punishments whatsoever as those that are guilty of Robbing the Free men of England of their birth-right and Inheritance and yet the present Farmers of the Custome House and their Associates are guilty of this capital crime for if Naboath would not part with his Vineyard which was his Inheritance to the King although he would have given him as much money as it was worth or a better for it 1 King 21.2 there is no reason why the free men of England should have so great a part of their Birth-right as this is taken from them by force and violence whether they will or no as their multitude of Petitions to the Parliament yet unanswered doe declare The third Monopoly is that insufferable unjust and tyrannical Monopoly of Printing whereby a great company of the very same Malignant fellows that Canterbury and his Malignant party engaged in their Arbitrary Designes against both the Peoples and Parliaments just Priviledges who turning with every winde doe endeavour by all possible means as well now as then to sell and betray the Kingdome for their own gaine are invested with an Arbitrary unlimmitted Power even by a generall Ordinance of Parliament to print divulge and disperse whatsoever Books Pamphlets and Libells they please though they be full of Lyes and tend to the poysoning of the Kingdom with unjust and Tyrannicall Principles And not only so but most violently even now in Parliament time which should be like a cryed Faire and each one free to make the best use of their Ware both for the bublick and their own private good to suppresse every thing which hath any true Declaration of the just Rights and Liberties of the free-borne people of this Nation and to brand and traduce all such Writers and Writings with the odious termes of Sedition Conspiracie and Treason but to countenance and authorize such as shall calumniate them and so both accept reward such men far better then their most faithfull servants and best advancers just as the Bishops formerly did against both the Scots and the Parliament themselves They doe not rest here neither but are yet further authorized with a generall Ordinance of this very Parliament contrary to all law justice equity and reason under pretence of searching for scandalous Books to call numbers of deboyst men with Smiths and Constables yea and the trained Bands also when they please to assist them and in most bold and tumultuous manner to break open and rifle even the Parliaments owne in all their greatest dangers troubles distresses most faithfull friends Houses Chests Truncks and Drawers and from thence to rob steale and felloniously to carry away such of the Possessors proper goods choice Linnens and best things as they please as well as Books new and old after they have put the owners themselves out of doores and commanded Constables to carry them before a Committee and from thence to Prison Where they may without any consideration rott if they will not either betray both a good Cause and some other of the Parliaments best friends when they had few others or else submit to their unjust lawes besides it is a common thing for such lawlesse men to breake in and search honest mens shops when neither the owners nor any of theirs are present to see what businesse they have there And yet as unjustly as all the rest they doe not onely allow the weekly printing divulging and dispersing of Oxford Aulicus and other Malignant Books and Pamphlets tending to the ruine both of the Kingdome and Parliaments Priviledges but likewise the sending of Printing matterialls to the King whereby to Print down both Power of Parliament and freedome of People All which unjust dealings doe come to passe also with the privity of the Masters and Wardens of the Stationers Company as was openly proved to their faces at their publick Hall who therefore like wise men perceiving the Plague afarre off would not goe on still and be punished but most cunningly both to hide themselves and their treachery against the well-affected party and divide their spoile so unjustly obtained by lying in waite for blood they have now procured by
Ewbanke and Michael Dawson all of the County of Durham ¶ The Copies of Colonell THO. MIDFORDS Certificate with others given under their hands THat about July 1642. Thomas Midford and George Lilburne went on purpose to the House of Sir Henry Vane the elder neere Charing-Crosse and there acquainted him of the freequent meetings of the Papists and their adherents in the County of Durham and that they did not onely gather together most of the prime Horses of the said County but did exercise them in Armes and trained the said Horse to the discouragement of all the true-hearted Protestants of the said County And that the Sea-ports of the said County were fit to betaken care of which the said Sir Henry Vane promised to take timely care of making shew that hee intended shortly to goe downe into the said County In the meane time desired the said George Lilburne and the said Thomas Midford to goe to the Deputy Lieutenants and acquaint them with the aforesaid Information and to tell them from him that he could not then write to them concerning the same but bid them take care thereof till he gave further Order The said Thomas Midford about the end of the said moneth comming into the said County went to Durham and did acquaint Sir William Darcie being then high Sheriffe of the said County Sir John Conyers and others at John Halls House in Durham of the same who returned the said Midford no other answer but well well and seemed to make no great matter thereof 18 June 1645. Tho. Midford In the yeere 1643 Nicolas Heath of Little-Eden in the County of Durham Esq came to Sir Hen. Vane senior in Westminster-Hall and told him that the County was in a very sad Condition and the Inhabitants utterly undone unlesse there were some present course taken for preventing of raising the forces which were then a gathering but Sir Henry Vanes Answer was That he never thought otherwise NIC. HEATH 18 June 1645. Mr. Henry Dingly died in Jan. 1644. at Charing-Crosse and lodged neer Sir Henry Vanes House testis John Marr Esq Clarke of the Kitching to the Prince Mr. William Conyers Steward of his Land hath continued in his service likewise and lived in Raby Castle ever since the carrying of the Armes from the said Castle to Newcastle upon Tyne till within these Foure moneths last past Testis Mr. George Lilburne and Col. Rob. Lilburne his Nephew June 2. 1645. 5. When Alderman Gurney was Lord Major of London the Citizens complained to the Parliament of him and others of his Brethren and also of the Recorder Gardner those that prosecuted the Cities busines was principally Alderman Folkes and Alderman Gibbs that Monopoliser and Mr. Gline now Recorder sate in the Chaire of that Committee but as soon as they had justled out those they complained of and set themselves downe in their places or Saddles rode and spurr'd the poor Commons of London as hard as ever the former did and troad in Strafford's pathes of Arbitrary Goverment as much as the former and the People sigh groane and cry out of their unjust bondage by the Lord Major present Recorder and Court of Aldermen and the Parliament look upon them with a slighting eye and afford them no helpe though the Commons of London have been chief Instruments under GOD of saving their Lives Liberties and Estates howbeit now they goe about to make them slaves for their paines it were well therefore the Commons of London would aske their Foure Burgesses if they did not send them to sit in Parliament to preserve and defend their Liberties and if they finde they have not performed their trust then to desire to choose Foure more Faithfull Carefull and stouter in their places and that the Commons of London are sensible of their being rob'd of their Freedomes by the aforesaid parties the Petition of divers of them presented to the whole Common Councell sitting in Guild-hall in Aprill last and since printed doth fully declare whereof a true Copy here followeth To the Right Honourable The LORD MAJOR and the Right Worshipfull the Aldermen and Common-Councell of the City of LONDON In Common Councell Assembled The humble Petition of divers Citizens of this Honourable City SHEWING THat the afflictions and sorrows of our hearts are unexpressable in regard of the manifold miseries that are upon us and thousands of our deer Brethren and fellow Citizens complaints being generall and very grievous As amongst many other I. That the Poore is in great necessity wanting wherewith to set themselves on worke their Children uneducated and thereby prepared to wickednesse and beggery II. That Trading is exceedingly decayed whereby thousands that have lived in a free and plentifull way are many fallen and are more falling into great extremity III. That Assesments are made very unequall whereby the Taxes laid upon the City are made burthensome and paid with much repining IV. That the Forces of the Citie are very much abated and that the Citie is not in a Posture of Warre answerable to its greatnesse or its danger And though there hath not been wanting continuall endeavours of juditious charitable persons to prescribe remedies for those grievances yet our miseries are such that we are in effect debarred from opening our griefes or proposing our remedies to any that hath power to help us For if wee motion our going to the Parliament immediately as was usuall and successfull in former times our mouthes are presently stopt with this prejuditiall rumour That the Parliament will not receive any Petition from the Citizens but by the Common-Councell whereupon few or none will move in that way though there be never so urgent necessities If wee propose to goe through the Common-Councell sad experience hath proved it so difficult to obtaine a Common-Councell that men are weary in pursuance thereof The Lord Major and Aldermen challenging to themselves Prerogative of calling Common Councells onely when they see cause also that nothing shall be debated but what hath been first presented to the Court of Aldermen and that after debate the Lord Major hath a negative voice or power to Null or frustrate all that hath been debated by refusing to put to Vote or by dissolving the Court at his pleasure By which Prerogative Rules if the Lord Major will not or cannot preserve the Citizens from miseries and destruction Will not heare our Complaints nor be sensible of our necessities The whole power of the chosen Common-Councell men may not interpose or use any meanes for our preservation and relief Wee willingly give all due honour to the Lord Major and Aldermen in referrence to their particular Offices But that the safety and well-being of so great a People should depend upon the understanding and affections of so few and that the whole City must be without a just means to preserve themselves or to remedy things that are any wayes amisse except the Lord Major and Aldermen will assent And that those whom the People yeerly