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A88229 The out-cryes of oppressed commons. Directed to all the rationall and understanding men in the kingdome of England, and dominion of Wales, (that have not resolved with themselves to be vassells and slaves, unto the lusts and wills of tyrants.) Fron Lieut. Col. John Lilburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous gaole of Newgate. Febr. 1647. Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646. 1647 (1647) Wing L2150; Thomason E378_13; ESTC R201382 26,058 20

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woe to them for saith the spirit of God Eccle. 5.4.5 When thou vowest a vow unto God defer not to pay it for he hath no pl●●sure in fooles pay that which thou hast vowed For better it is that thou shouldest not vow then that thou shouldest vow and not pay see Deut. 23.21.23 That which is gone out of thy lyps saith God thou shalt keep and performe Num. 30.2 Psal 76.11 Iob 22.27 We find in their Declaration of the 5. May 1642. booke decl 1. part pag. 172. these words The Lords and Commons therefore intrusted with the safely of the Kingdome and peace of the people which they call God to witnesse is their only aime finding themselves denyed these their so necessary and iust demands about the Malitia and that they can never be discharged before God or man if they should suffer the safety of the Kingdome and peace of the people to be exposed to the malice of the Malignant party c. And in their Remonstrance of the 19. of May 1642. book decl 1 part pag. 195. they say That the providing for the publique peace and the prosperity of all his Maiesties Realmes within the presence of the all seeing diety we protest to have been and still to be the only end of all our counsells and indeavours wherein we have resolved to continue freed and inlarged from all private aimes personall respects or passions whatsoever But we wish withall our soules they had intended what they here declared when they declared it which is too much evident to every rationall mans eyes that sees and knowes their practises that they did not or that if they did that they have broken and falcified their words and promises and in the same Remonstrance pag 214 speaking of those many difficulties they meet with in the discharge of their places and duty see 1 part Col. decl pag. 156. 278. 496. 629 they say Yet we doubt not but we shall overcome all this at last 1. the people suffer not themselves to be deluded with false and specious shewes and so drawn t● betray us to their owne undoing who have ever been willing to hazard the undoing ●f our selves that they might not be betra'd by our neglect of the trust reposed 〈◊〉 b●t if it were possible they should prevaile herein yet we would not faile through God grace still to persist in our duties and to looke beyond our owne lives estates 〈◊〉 advantages as those who thinke nothing worth the enjoying without the liberty pe●ce and safety of the Kingdome nor any thing too good to be hazarded in discharge of our consciences for the obtaining of it and shall alwayes repose our selves upon the protection of Almighty God which we are confident shall never be wanting to us while wee seeke his glory as we have found it hitherto wonderfully going along with us in all our proceedings O golden words unto the makers of which we desire to rehearse the 23. Mat 27. Woe unto you Scribes and Pharisees Hypocrites for yee are like unto whited Sepuchers which indeed appeare butifull outward but are within full of dead mens bones and of all uncleannesse And in their Remonstrance May 26 1642. pag. 281. They declare that their indevours for the preservation of the Lawes and liberties of England have been most hearty and sincere in which indeavour say they by the grace of God we will still persist though we should perish in the worke which if it should be it is much to be feared that Religion Lawes liberties and Parliaments will not be long lived after us but saith Christ Mat. 23.23.28 Woe unto you Scribes and Pharisees hypocrites for yee make cleane the outside of the cup and of the platter but within they are full of extortion and excesse Yee also appeare outwardly righteous unto men but within yee a●● full of hypocrisie and iniquity And in their Declaration of July 1642. concerning the destractions of the Kingdome c pag. 463 464 speaking of the businesse of Hull they say the war being thus by his Majestie begun the Lords and Commons in Parliament hold themselves bound in conscience to raise forces for the preservation of themselves the peace of the Kingdome and protection of the Subjects in their persons and estates according to Law the defence and security of Parliament and of all those who have been imployed by them in any publique service for these ends and through Gods blessing to disappoint the designes and expectations of those who have drawne his Majestie to these courses and Counsells in favour of the Papists at home the Rebbels in Ireland the forraign enemies of our Religion and peace In the opposing of all which they desire the concurrence of the well disposed Subjects of this Kingdome and shall manifest by their courses and indeavours that they are carried by no respects but of the publique good which they will alwayes preferre be-their owne lives and fortunes O that we might not too justly say they are already falne from their words And in their most notable Declaration of August 1642. pag. 498. being in great distresse they cry out in these words and we doe here require all those that have any sence of piety honour or compassion to helpe a distressed state especially such as have taken the Protestation and are bound in the same duty with us unto their God their King and country to come in to our aid and assistance this being the true cause for which we have raised an Army under the command of the Earle of Essex with whom in this quarrell we will live and dye And in their answer to his Majesties message of the 12. of No. 1642. p 750 they have the●e words God who sees our innocency and that we have no aims but at his glory and the publique good c. O golden language but without reall performance are but an execrable abomination in the sight of God and all rationall men But when these Declarations and Promises were solemnly made the Authors of them tooke it extream ill at the Hands of the King when he told them they dissembled and meerly sough● themselves and their own honour and greatnesse which he doth to the purpose in severall of his Declarations but especially in his Declaration of the 12. August 1642. pag. 520. where speaking of the earnest desire he had to ease and satisfie his Subjects he saith that whilst we were busie in providing for the publique they were contriving particular advantages of offices and places for themselves and made use under hand of the former grievances of the Subiect in things concerning Religion and Law c. and in the next pag. speaking of their zeale against the B●shops c. He declares their designe was but of their goodly revenue to erect Stipends to their owne Clergy and to raise estates to repare their owne broken fortunes And in the same Remonstrance pag. 539. he declares that after feares and jealousies were begun they would suffer no meanes to
extends to the benefit of every particular individuall man in the Kingdome whose destruction contrary to the law of the Land is indeavoured by those that should preserve them which is our case as well as it was theirs in reference to the King with whom we have to doe and therefore we desire for the satisfying of all to whom this is directed to declare out of their owne Declarations their arguments against the King when he ceased as they say page 636. 580. to extend his legall protection and iustice to them but this by the way we must aver that we are very confident the King is ten times more fortified and hedged about with the Law of the kingdome then they are Which wee demonstrate thus they are all as they call themselves Subjects and therefore though their priviledges be great as they are Parliament men yet they are or at least ought to be by their owne confession subject to the severitie of the Law in cases of treason felony and breach of the peace 1. part book decl pag. 48. 278. which is also averred by that able and learned Lawyer Sir Edward Cooke in his 4. part institutes chap. of the high Court of Parliament fol. 25. which booke is published by their owne speciall Order but we read not in any of their Declarations that they themselves aver any such thing of the King And therefore if by themselves their arguments be esteemed just and sound against him for not doing his duty who is much more fortified by Law then themselves then much more when they cease to doe their duty and in practise destroy the lawes and liberties of the Kingdome and subject the free men thereof to an Arbitrary and tyrannicall power which we aver they have done us will their owne arguments serve and bee sound and good against themselves Therefore we desire to declare unto you that when they apprehended themselves in danger they sent unto His Majestie the 31. Decem. 1641. book decl 1 part pag. 44. and desire him that they may have a guard in which message they have these words They have therefore their recourse unto your Maiestie most humbly beseeching you that if it may ●end with your good l●king if they provide for their owne safety which the very Law of nature * * Mark it well and reason doth allow unto them it is their humble desire that they may have a guard out of the City of London commanded by the Earle of Essex Lord Chamberlaine of your Maiesties house-hold of whose fidelity to your Maiestie and the Common Wealth they have had large experience And in their Petition to his Maiestie about the Militia 2. March 1641. book decl ● part pag. 92 93 94 after they have told his Majestie what danger they are in for want of setling the Militia they use these very words Wherefore they are inforced in all humility to protest that if your Maiestie shall persist in that denyall the dangers and distempers of the Kingdome are such as will indure no longer delay But unlesse you shall be graciously pleased to assure them by th●se messengers that you will speedily apply your royall asse●t to the satisfaction of their former desires they shall be inforced for the safety of your Maiesty and your Kingdomes to dispose of the Militia by the authority of both Houses in such manner as hath been propounded to your Maiestie and they resolve to doe it accordingly And a little below they beseech his Maiestie to be informed by them that by the Lawes of the Kingdome the power of raising ordering and disposing of the Militia within any City Towne or other place cannot be granted to any Corporation by Charter or otherwise without the authority and consent of * * Observe this well yee free men of England Parliament and that those parts of the Kingdome which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses and what is iustifiable by the Lawes of the Kingdome And in their Declaration of the 19. May 1642. pag. 202. they say wee must maintain the ground of our feares to be of that moment that we cannot discharge the trust and duty which lyes upon us unlesse we doe apply our selves to the use of those meanes to which the Law hath inabled us in cases of this nature viz. to settle the Militia without and against his consent for the necessary defence of the Kingdome and as his Maiesty doth gratiously declare the Law shall be the measure of his power so doe we most heartily professe that we shall alwayes make it the rule of our obedience But O say wee that you had not now forfeited all your credit by notoriously violating your never intended to be kept promises And in their Petition to the King about the businesse of Hull pag. 465. 466. they say we shall be ready to settle the Militia in such way as shall be honourable and safe for your Maiestie most agreeable to the duty of Parliament and effectuall for the good of the Kingdome that the strength thereof be not imployed against it selfe And we say we wish it may not to the setting up of a tyranny of another nature but worse then the former we groaned under But we go on to their answer of the Kings positions which answer is annexed to their great Declaration of the 2. No. 1642. where in the third answer pag. 726. they say that we did and doe say that a Parliament may dispose of any thing wherein the King or any Subiect hath a right in such way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to ioyne with them in such cases the representative body of the Kingdome is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges Here may be an excellent Argument drawne from the greater to the lesse which will undeniably hold good against the Arbitrary and Illegall practises of the Parliament which wee in our particulars groane under Now all these things considered we hope it iustly cannot be taken ill at our hands by the Parliament nor by any rationall or understanding man in the Kingdome though never so much deuoted unto implicite and blind Presbyterian Synodian obedience if we for our preservation shall tread in the Parliament steps by appealing to the People against them as they did against the King especially considering they deale worse with us then ever he dealt with them for hee did not actually imprison their bodies and thereby rob them of their liberties trades lively hoods and subsistance and allow them nothing to live upon and expose their whole families to the eye of reason to an unavoydable famishing and perishing condition all and every of which contrary to the Law of the Land Justice reason and conscience they have
The out-cryes of oppressed Commons Directed to all the Rationall and understanding men in the Kingdome of England and Dominion of Wales that have not resolved with themselves to be Vassells and Slaves unto the lusts and wills of Tyrants From Lieut. Col. John Lilburne prerogative prisoner in the Tower of London and Richard Overton prerogative prisoner in the infamous Gaole of Newgate Febr. 1647. Ier. 7.8 9.10 Behold yee trust in lying words that cannot profit Will yee steale murther and commit adultery and sweare falsly and burne incense unto Baal and walke after other Gods whom yee know not and come and stand before me in this house which is called by my name and say we are delivered to doe all these abominations Verse 6. Therefore pray not for this people neither lift up cry nor prayer for them neither make intercession to me for I will not heare thee Mat. 13.14 Woe unto you Scribes and Pharisees Hypocrites for yee devoure widowes houses and for a pretence make long prayers therefore you shall receive the greater damnation GEntle men Anti-Magistrates we are not but owne Magistracy as Gods Ordinance appointed for the good and well being of man-kind Rom. 13.1.2.3.4.5.6 Unto whose power and Authority in all lawfull things we both have and are willing to stoop unto but no further neither doe we crave or desire any favour priviledge or benefit but what is given unto us by the good established and just Lawes of England which the Parliament solemnly have often sworne to maintain of which for our particulars we have for many moneths been robd of by the tyranny and usurpation of the Lords commonly called the House of Peeres now sitting at Westminster who have usurpedly and contrary to the just and knowne Law of the Land assumed unto themselves by the law of their owne wills a power in criminall causes to judge and commit us who are Commoners which by law they have no authority not in the least to doe as appeares in the twenty ninth Chapter of Magna Charta which expresly saith No freeman shall be taken or imprisoned or be disseised of his free-hold or liberties or free customes or be out-lawed or exiled or any otherwise distroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the law of the Land We will sell to no man we will not deny nor deferre to any man either justice or right And the 3. E. 1. 6. likewise expresly saith and that no City Borough norrowne nor any man be amerced without reasonable cause and according to the quantity of his trespasse that is to say every free man saving his free hold 9 H. 3. 1● A Merchant saving his Merchandize a Villain saving his waynage and that by his or their Peers Which 29 Chap. of Magna Charta is expresse by name confirmed in the Petition of Right made in the third yeare of the present King Charles which absolutely abolisheth all Lawes made in derogation of the said just Law which Petition of Right and every clawse therein contained is expresly confirmed by this present Parliament as appeares by the statute that abolished the Star Chamber and the statute that abolished Ship money And that learned man of the Law Sir Edward Cooke in his exposition of Magna Charta which booke is published to the publique view of the Kingdome as Law by two speciall orders of the present House of Commons as in the last pag. thereof you may read who in his exposition of the 14. chap. of Magna Charta 2. part institutes fol. 28. saith that by Peers is meant Equalls and in fol. 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 of 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 Barons and yet all of them are comprehended within the word PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens yea men and Burgesses of severall degrees and yet all of them of the Commons of the Realm and as every of the Nobles is one a Peer 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 his exposition of chap. 29. pag. 46. Ibim he saith no man shall be disseised that is put out of seison or dispossessed of his free-hold that is lands or lively-hood or of his liberties or free customes that is of such franchises and freedomes and free-customes as belong to him by his free birth-right unlesse it be by the lawfull judgement that is verdict of his EQUALS that is men of his owne condition or by the Law of the Land that is to speake once for all by the due course and processe of Law No man shall be in any sort distroyed 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 hee is the sentence neither will we passe up him to be understood but by the judgement of his Peers that is Equalls or according to the Law of the Land see him fol. 48. upon this sentence pro judinum parum suorum and pag. 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peeres and cites Rot. Parl. 4. E. 3 Num. 6. But the Roule is 4 E. 3. Num. 2 in the case of Sir Simon de Bereford in which the Lords doe ingeniously confesse that it is contrary to Law for them to passe judgement upon a Commoner being they are not their Peers that is Equalls which record at large you may read in The oppressed mans oppressions declared Edition the second page 18 19. And also in part in Vox Plebis pag. 40. 41. So that by what hath been said it cleerly evidently and undeniably appeares by the Law of the Land and the Lords owne confession that they are not the Peers or Iudges of Commoners in any criminall cases whatsoever And we offer at our utmost peril before any legall power in England to maintaine it by the knowne and declared Law of the Land which the Lords themselves have solemnly covinanted and sworne to maintaine that the Lords by the Law of England have not in the least any Iurisdiction at all over any of the Commons of England in any criminall cases whatsoever But if the studious and industrious Reader please to read that notable and late printed booke called Regall tyranny discovered he shall find that the Author of that booke in his 43. 44 45 46 47 and 86. pages layes