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

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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 own 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 near as I could find was every place where I was mentioned with the Statutes and other Legall Authorities as 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 Peeres that is Equals 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 concerns 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 bloody 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 into their mouthes they even prepare warre against him Micah 3.5 And that at present I have to put to 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 and will serve in every particular against the present Presbyteriall Ministers and you shall find them thus laid down in the 23. page of my Book called An Answer to 9. Arguments written by T. B. and printed at London 1645. First Thtt 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 he can be a true Officer in the Church of Christ Acts 1.23 24 25. 6.3.5 6. 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 Book 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 Office doth not prove a man to be a lawfull Officer but a lawfull power instating him into his Office Acts. 8.4.11.19.20 and 18.24 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 lawfulnesse of their standing in the Ministery but the actions of a Minister and are not in the least able to prove that they are instated into their Ministery 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 own grounds I frame this Argument Those that by their Ministery do not accomplish the same ends that the Ministery of the Apostles did are no true Ministers But the Ministers of the Church of England do not accomplish the same ends by their Ministery that the Ministery of the Apostles did 1 Cor. 11.2 Therefore your Ministers are no true Ministers of Iesus Christ But Gangrena one word more at present to you seeing in the 217.218 pages of your late 3. Gangrena you fall so exceeding heavie upon me and my honest Camerade Mr. Overton and say that these 2. audacious men their dareing bookes shall escape without exemplary punishment and instead thereof be countenanced and set free I do as a Minister pronouncae 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 2. faire propositions First in reference to the Lords whose Goliah and Rabshaca-like Champion you are that if you please to joyne with me in a desire to both Houses I will so far go below my selfe and my present appeale now in the House of Commons alwayes provided it may be no prejudice to the benefit I justly expect from my said appeale and joyne with you in this desire that there may be by both Houses a proportionable number thereof mutually by themselves chosen out to set 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 HOVSE OF PEERS HATH NO JVRISDISCTION 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 I will tye my selfe either actively to execute or passively to suffer and undergo it In the second place because so farre as I 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 Vtopian Anarchy of the promiscuous multitude and the lusts and uncertaine 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 bookes from either of us I shall be very willing for peace and quiets sake to joyne with you in a Petition to the House of Commons to appoint a select Committee publickly to examin all things that are a misse in your bookes and myne and to punish either or both according to Law and Iustice without partiality and I 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 known Law of the Land any jurisdiction of the Commons or no Secondly whether in the Parliaments own publick declarations in Mr. Prinns soveraigne power of Parliaments and in the Assemblies exhortation to the solemn legall Covenant and
other Presbyterian books licenced by publike authority and others sold without controule there be no more said to justifie and maintain that which Gangrena calles Vtopian Anarchy then in any bookes whatsoever published by these he calles Sectaries Thirdly whether or no that out of my own words in my booke called INNOCENCIE AND TRVTH JVSTIFIED there can any thing be drawn to justifie the Lords in that which now I condemn them in as Gangrena affirmes pag. 157 158. For the first see what the ninth Chapter of Magna Charta saith No freeman shall he taken or imprisoned or be disseised of his free hold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemn him but by lawfull judgment of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no City Borough or Towne nor any man be amerced wiithout reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his freehold a Merchant saving his Merchandise a villain saving his waynage and that by his or their Peers Now here is the expresse Law of the Land against the Lords jurisdiction over Commons in criminall cases Now in the second place let us see what one of the ablest expositors of the Law that ever writ in England saith of this very thing and that is Sir Edward Cooke in his exposition of Magna Charta 2. part institutes which book is published by two speciall orders of the present House of Commons as in the last page thereof you may read who in his expounding the 14 Chapter of Magna Charta p. 28. saith Peers signifies Equalls and pag. 29. he saith the generall division of persons by the Law of England is either one that is noble and in respect of his nobility of the Lords House in Parliament or one of the Commons of the Realms and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barrons and yet all of them are comprehended within this word PARES so of the Commons of the Realme there be Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees and yet all of them of the COMMONS of the Realme and as every of the Nobles is one Peere to another though he be of a severall degree so is it of the Commons and as it hath been said of men so doth it hold of Noble-women either by birth or by marriage but see hereof Chap. 29. And in Chap. 29 pag. 46. Ibim he saith no man shall be disseised that is put out of ●eison or dispossessed of his freehold that is Lands or livelihood or his liberties or free Customs that is of such franchises and freedoms and free Customs as belong to him by his birth-right unlesse it be by lawfull judgment that is verdict of his equalls that is men of his own condition or by the Law of the Land that is to speake it once for all by the due course and processe of Law No man shall be in any sort destroyed to destroy id est what was first built and made wholly to overthrow and pull downe unlesse it be by the verdict of his equalls or according to the Law of the Land And so saith he is the sentence neither will we passe upon him to be understood but by the judgment of his Peers that is equalls or according to the Law of the Land see him page 48. upon this sentence per judicium Parium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realme should not give judgment upon any but their Peers and cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Record-Office in the Tower I had this which followes from under the hand of Mr. William Colet the Record-Keeper Out of the Roll of the Parliament of the fourth yeare of Edward the third THE FIRST ROLL Records and Remembrances of those things which were done in the Parliament summoned at Westminster on Munday next after the Feast of Saint Katherine in the yeare of the reigne of King Edward the third from the Conquest the fourth delivered into the Chancery by Henry de Edenstone Clerk of the Parliament THese are the Treasons Felonies Wickedensses The judgement of Roger de Mortimer done to our Lord the King and his people by Roger de Mortimer and others of his confederacie First of all whereas it was ordained at the Parliament of our Lord the King which was held next after his coronation at Westminster that foure Bishops foure Earles and six Barons should abide neere the King for to counsell him so alwayes that there may be foure of them viz. one Bishop one Earle and two Barons at the least And that no great businesse be done without their assent and that each of them should answer for his deeds during his time After which Parliament the said Roger Mortimer not having regard to the said assent took upon himself Royall power and the government of the Realm and encroacht upon the State of the King and ousted and caused to be ousted and placed Officers in the Kings House and else-where throughout the Realm at his pleasure of such which were of his mind and placed John Wyard and others over the King to espy his actions and sayings so that our Lord the King was in such manner environed of such as that he would not doe any thing at his pleasure but was as a man which is kept in Ward Also whereas the Father of our LORD the KING was at Kenilworth by ordinance and assent of the Peeres of the Land there to stay at his pleasure for to be served as becommeth such a Lord the sayd Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that hee was sent to Barkly Castle where by him and his he was traiterously and falsly murthered and slain But that which is to my purpose is Roll the second being the judgement of Sir Simon de Bereford which verbatim followeth thus THE SECOND ROLL ALso in the same Parliament our Lord the King did charge the said Earles and Barons to give right and lawfull judgement as appertained to Simon de Bereford Knight who was aiding and counselling the said Roger de Mortimer in all the treasons felonies and wickednesses for the which the foresaid Roger so was awarded and adjudged to death as it is a known and notorious thing to the said Peeres as to that which the King intends The which Earles Barons and Peeres came before our Lord the King in the same Parliament and said all with one voyce that the foresaid Simon was not their Peere wherefore they were not bound to judge him as a Peere of the Land But because it is a notorious thing and known to all that