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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

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GANGRAENA he hath fallen so point blanke upon me for no other cause but for standing for the Fundamentall Lawes of England which if he had not an absolute desire to be notoriously forsworn he might know his Covenant binds him to doe the same But seeing he there playes the simple man to fight with his owne shadow and doth not in the least meddle for any thing I can perceive by so much as I have read of his Book which so neare as I could find was every place where I was mentioned with the Statutes and other Legall Authorities that I cite in my wives petition and else-where to prove That all the Commoners of England ought in all criminall cases to be tryed by their Peers that is Equalls and that the House of Lords in the least are not the Peeres of Commoners And therefore seeing seemingly by that ulcerous book he hath given me something to answer that concernes me I will really and substantially give him something to answer that in good earnest concerneth him and all the rest of his bloody-minded pretended reformed fellow-Clergy Presbyters that lying deceitfull forsworn and bloodye Sect of whom it is true that the Prophet said of the Prophets of old That they make the people to erre and bite with their teeth and cry peace and he that putteth not 〈◊〉 theis mouthes they even prepare warre against him Micah 3.5 And that at present I have to put him to answer shall be certain Arguments which I made when I was close prisoner in irons in the Fleet against the then Episcopall Ministers of the Church of England which will serve in every particular against the present Presbyteriall Ministers and you shall find them thus laid downe in the 23. page of my Book called An Answer of 9. Arguments written by T.B. and printed at London 1645. First That every lawfull Pastor Bishop Minister or Officer in the visible Church of Christ ought to have a lawfull call and be lawfully chosen into his Office before be can be a true Officer in the Church of Christ Acts 1.23 24 25. and 6.3.5 6. and 14.23 Gal. 1.1 Heb. 5.4 But the Ministers and Officers in the Church of England as well Presbyterian as Episcopall have not a lawfull call neither are lawfully chosen to be officers in the Church of Christ See the booke of Ordination of Bishops Priests and Deacons as also the Directory and compare them with the Scripture Therefore all your Ministers are false and Antichristian Officers Rev. 9.3 and 13.2 and 16.13 Secondly the doing of those actions that belong to the execution of an Officer doth not prove a man to be a lawfull Officer but a lawfull power instating him into his Office Acts 8.4 and 11.19 20. and 28.24.25 26. 1 Cor. 14.29 30 31. 1 Pet. 4.10 But all the Ministers in the Church of England have nothing to prove the Lawfullnesse of their standing in the Ministry but the actions of a Minister and are not in the least able to prove that they are instated in the Ministry by vertue of a lawfull power and authority Therefore they are no true Ministers of Christ but false and Antichristian Ministers of Antichrist Thirdly againe in the third place upon your owne grounds I frame this Argument Those that by their Ministry doe not accomplish the same ends that the Ministry of the Apostles did are no true Ministers But the Ministers of the Church of England doe not accomplish the same ends by their Ministry that the Ministery of the Apostles did 1 Cor. 11.2 Therefore your Ministers are no true Ministers of Iesus Christ But Gangraena one word more at present-to-you seeing in the 271 281. p. of your late 3 d. Gangraena you fall so exceeding heavie upon me and my honest Comrade Mr Overton and say that if these two audacious men their daring bookes shall escape without exemplary punishment and instead there of be countenanced and set free I doe as a Minister pronounce but I say it is as one of Sathans that the plague of God will fall upon the heads of those that are the cause of it Come Antagonist let us come to a period for I hope for all your mallice you are not yet so farre gone beyond your selfe as to desire to have me hanged or killed and then condemned and adjudged and therefore I will make you two faire propositions First in reference to the Lords whose Goliah and Rabshaka-like Champion you are that if you please to joyne with me in a desire to both Houses I will so for goe below my selfe and my present appeale now in the House of Commons always provided it may not be no prejudice to the benefit I shall justly expect from my said appeale and joyne with you in this desire that there may be by both House a proportionable number thereof mutually by themselves chosen out to sit openly and publickly in the painted Chamber where I will against you by the established Lawes of this Land maintaine against you and all the Lawyers you can bring this position which is absolutely the contest betwixt the Lords and me THAT THE LORDS AS A HOUSE OF PEERS HATH NO JURISDICTION AT ALL OVER ANY COMMONER IN ENGLAND IN ANY CRIMINALL CASE WHATSOEVER and if you will I will wholly as in reference to the contest betwixt you and me stand to the vote and abide the judgement and sentence of that very Committee whose vote upon the fore-mentioned tearmes if you will tye your selfe J will tye my selfe either actually to execute or passively to suffer and undergoe it Jn the second place because so farre as J am able to understand your meaning in your fore mentioned pages you would have me dealt withall as the Earle of Strafford and the Bishop of Canterbury was for indeavouring as you say with so much violence the overthrow of the three Estates and the Lawes of the Kingdome and in the stead of the fundamentall Government and constitution of this Kingdome to set up an Utopian Anarchy of the promiscuous multitude and the lusts and uncertain fancies of weake people for Lawes and Rules Now in regard of the distractions of the Kingdome which are many and that they might not be made wider by new books from either of us J shall be very willing for peace and quiet sake to joyne with you in a Petition to the House of Commons to appoint a select Committee publickly to examine all things that are amrsse in your bookes and mine and to punish either or both according to Law and Justice without partiality and J appeale to all rationall men in the world whether I have not offered fayre or no. But in regard I know not whether you will imbrace my proffer I shall speake a little more for my selfe and reduce all to these three heads First whether the Lords have by the knowne Law of the Land any jurisdiction over the Commoners or no Secondly whether in the Parliaments own publick declarations in Mr. Prinns soveraign
power of Parliaments and in the Assemblies exhortation to take the solemn League and Covenant and other Presbyterian bookes licenced by publicke authority and others fold without controule there be not more said to justifie and maintaine that which Gangraena calls Utoplan Anarchy then in any bookes whatsoever published by these be calls Sectaries Thirdly whether or no that out of my owne words in my booke called INNOCENCY AND TRVTH IVSTIFIED there can any thing be drawn to iustifie the Lords in that which now I condemne them in as Gangraen a affirmes pag. 159. 148. For the first see what the 29. Chapter of Magne Charta saith No free-man shall be taken or imprisoned or be disseised of his free hold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor wee will not passe upon him nor condemn him but by lawfull judgement of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no Citie Borough nor Town nor any man be amerced without reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his free hold a Merchant saving his Merchandise a villain saving his waynage and that by his or their Peers Now here is the expresse Law of the land against the Lords jurisdiction over Commons in criminall cases Now in the second place let us see what one of the ablest expositors of the Law that ever writ in England saith of this very thing and that is Sir Edward Cooke in his exposition of Magna Charta 2. part institutes which booke is published by two speciall orders of the Present Houser of Commons as in the last page thereof you may read who in his expounding the 1● Chapter of Magna Charta pag. 28 saith Peers sign●…e E●…lls and pag. 29. be saith the generall div●sion of persons by the Law of England is either one that is noble and in respect of his nobility of the Lords House in Parliament or one of the Commons of the Realm and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barrons and yet all of them are comprehended within this ward PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens Yeomen and Burgesses of sever all degrees and yet all of them of the COMMONS of the Realme and as every of the Nobles is one Peere to another though he be of a sever all degree so is it of the Commons and as it bath been said of men so doth it hold of Noble-women either by birth or by marriage but see hereof Chap. 29. And in Chap. 29. pag 46. Ibim he saith no man shall be disseised that is put out of season or disposed of his freehold that is Lands or livelihood or his liberties or free Customes that is of such franchises and freedomes and free Cusiomes as belong to him by his birth-right unlesse it be by lawfull judgement that is verdict of his equalls that is men of his owne condition or by the law of the Land that is to speak it once for all by the due course and processe of Law No man shall be in any sort destroyed to distroy id est what was first built and made wholly to overthrow and pull down unlesse it be by the verdict of his equalls or according to the law of the Land And so saith he is the sentence neither will wee passe upon him to be understood but by the judgement of his Peers that is equails or according to the Law of the Land see him pag. 48. upon this sentence per judicium Pacium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peers cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Reco●r Office in the Tower I had this which followes from under the hand of Mr. William Collet the Record-Keeper Out of the Roll of the Parlament of the fourth yeare of Edward the third The First Roll Records and Remembrances of those things which were done in the Parliament summoned at Westminster on Munday next after the Feast of Saint Katherine in the yeare of the reigne of King Edward the third from the Conquest the fourth delivered into the Chancery by Henry de Edenstone Clerk of the Parliament THese are the Treasons Felonies Wickednesses The judgement of Roger de Mortimer done to our Lord the King and his people by Roger de Mortimer and others of his confederacie First of all whereas it was ordained at the Parliament of our lord the King which was held next after his coronation at Westminster that four Bishops four Earles and six Barons should abide neere the King for to counsel him so alwayes that there may be foure of them viz. one Bishop one Earle and two Barons at the least And that no great businesse be done without their assent and that each of them should answer for his deeds during his time After which Parliament the said Roger Mortimer not having regard to the said assent tooke upon himselfe Royall power and the government of the Realme and encroacht upon the State of the King and ousted and caused to be ousted and placed Officers in the Kings House and else where throughout the Realm at his pleasure of such which were of his minde and placed John Wyàrd and others over the King to espy his actions and sayings so that our Lord the King was in such manner environed of such as that hee could not doe any thing at his pleasure but was as a man which is kept in ward Also whereas the Father of our LORD the KING was at Kenilwarth by ordinance and assent of the Peers of the Land there to stay at his pleasure for to be served as becommeth such a Lord the said Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that he was sent to Rarkly Castle where by him and his he was traitorously and falsly murthered and slain But that which is this to my purpose is Roll the second being the judgement of Sir Samon de Bereford which verbatim followeth thus The Second Roll. ALso in the same Parliament our Lord the King did charge the said Earles and Barons to give right and lawfull judgement as appertained to Simon de Bereford Knight who was aiding and counselling the said Roger de Mortimer in all the treasons felonies and wickednesses for the which the âforesaid Roger so was awarded and ajudged to death as it is a known and notorious thing to the said Peers as to that which the King intends The which Earles Barons and Peers came before our Lord the King in the same Parliament and said all with one voice that the foresaid Simon was not their Peer wherefore they were