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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	king_n	law_n	read_v	3,266	5	6.5822	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

downe many strong and solid arguments to prove that the House of Lords have not justly neither judicative noe legislative power at all in them and in his 94. 95 96 97 98. pages he declares from very sound and good authority that before William the Conquerour and invader subdued the rights and priviledges of Parliaments that the King and the Commons held and kept Parliaments without Temporall Lords Bishops or Abbots the two last of which viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had yea and out of the 20. 21. pages of that notable and very usefull to be knowne book called the manner of holding Parliaments in England before and since the conquest c. declares plainly that in times by past there was neither Bishops Earle nor Baron and yet even then the Kings of England kept Parliaments with their Commons only and though since by innovation Bishops Earles and Barons have been by the Kings prerogative Charters which of what legall or binding authority they are you may fully read in the Lords and Commons Declaration this present Parliament summoned to sit in Parliament yet not withstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without B●shops Earles and Barons and saith Mr. Will. Prynn in the 1 part of his Soveraign Power of Parliaments pag. 43. which booke is commanded to be printed by speciall authority of the present House of Commons out of Mr. Iohn Vowells manner of holding Parliaments which is recorded in Holingh Cron of Ireland fol. 127. 128. that in times by past the King and the Commons did make a full Parliament which authority was never hitherto abridged Yea this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem 1641. betwixt the Lord Fairfax c. and Mr. Bellasis c. book decl 1. part pag. 628. doe declare first that none of the parties to that agreement had any authority by any act of theirs to bind that Country to any such Nutrality as is mentioned in that agreement it being a peculiar and proper power and priveledge of Parliament where the whole body of the Kingdome is represented to bind all or any part And we say the body of the Kingdome is represented only in the House of Commons the Lords not being in the least chosen or represent any body at all yea and the House of Commons calls their single order for the receiving of Pole-money May 6. 1642. 1. part decl pag. 178. An order of the House of Parliament yea and by severall single orders have acted in the greatest affaires of the Common-wealth And yet notwithstanding all this the Lords like a company of for-sworne men for they have often solemnly sworne to maintaine the Law have by force and violence indeavoured to their power and contrary to law to assume to themselves a judicative power over us who are Commons of England in criminal cases and for refusing to stoop therunto have barbarously for many moneths tirannized over us with imprisonments c. And we according to that duty we owe to our native country and to our selves and ours for the preservation of our selves and the good and just declared lawes and libertise of England and from keeping our selves and our posterities from vassalage and bondage did thereupon according to law and justice appeale to the honourable House of Commons as you may truly and largely read in divers and sundry bookes published by us and our friends as the supreame and legall power and judicature in England whom we did thinke and judge had been chosen of purpose by the free men of England to maintaine the fundamentall good lawes and liberties thereof but to their everlasting shame and the amazement of all that chose and betrusted them We are forced to speake it we have not yet found any reall intentions in them to performe unto us the trust in that particular reposed in them by the whole Kingdome neither have we any grounded cause to say in truth any otherwise of them but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealths Money amongst themselves then in in actuall doing to us in whom all and every the Commons of England are concerned for what by the wills of the Lords is done to us to day may by done to any Commoner of England to morrow either justice or right according to their duty and their often sworne oathes though we have not ceased continuall to the utmost of our power legally and iustly to crave it at their hands as you may fully read in our forementioned printed bookes Sure we are they tell us in their printed Declarations that they are chosen and betrusted by the people 1. part decl pag 171 172. 263 264 266. 336 340 361 459. 462. 508. 588 613 628. 690. 703 705 711. 714. 716. 724 725. 729. And that to provide for their weale but not for their woe booke decl 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 700. expresly tell us that all interests of publique trust is only for the publique good and not for private advantages nor to the prejudice of any mans particular interest much lesse of the publique and in the same page they further say that all interests of trust is limitted to such ends or uses and may not be imployed to any other especially they that have any interests only to the use of others as they confesse all Interests of trust are cannot imploy them to there owne or any other use then that for which they are intrusted yea and page 266. see 1. part book decl pag 687 they tell the King that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof and as this trust is for the use of the Kingdome so ought it to be managed by the advice of the Houses of Parliament whom the Kingdome hath intrusted for that purpose it being their duty to see it be discharged according to the cond●tion and true intent thereof and as much as in them lyes by all possible meanes to prevent the contrary And therefore negatively in the second place we are sure that the House of Commons by their owne Declarations were never intentionally chosen and sent to Westminster to devide amongst themselves the great offices and places of the Kingdome and under pretence of them to make themselves rich and mighty men with sucking and deviding among themselves the vitall and heart blood of the Common wealth viz. its treasure now lying not in a swound but even a gasping for life and being but let us see whether this and other of their late doings be according to their former protestations imprecations and just Declarations which if they be not

actually with a great deale of Barbarous cruelty done to us But before we doe solemnly seriously and actuall appeale to the people as of necessity if by them we cannot inioy iustice and right and the benefit of the knowne and unrepealed Lawes of the Land which is all we crave or desire We both must and will cost it hanging or burning or what ever it will we desire from their owne words to make our way plaine before hand and the more to leave them without excuse before God and all our fellow Commons of England Seeing skin for skin and all that a man hath will he give for his life Iob 2. And therefore in the first place we must professe in their owne words in their Declaration to the States of Holland pag. 637 that we have no other designe in the world but not to be destroyed and save our selves Lawes Liberties and Freedomes and let not them say if we should formally appeale to the people that we malitiously indevour to dissolve the whole frame and constitution of the civill pollicy and government of this Kingdome into the originall Law of nature by arraigning and condemning before the people the High Court of Parliament from whence legally there can be no appeale we doe truly confesse and owne the Honourable House of Commons whose iust interest wee honour with all our hearts to be to us the legall supreame power in the Kingdome from whom we conceive in law we have no higher appeale but if the House of Commons will not doe us justice and right and so discharge their trust and duty but suffer the Lords contrary to the Law of the Land which they have sworne to maintain to murther and destroy us our wives and children and by consequence the liberty of all the Commons of England we cannot nor dare not for fear of being Traitors and fellons to our selves sit still and willingly suffer our selves contrary to the good and just Lawes and constitutions of the Kingdome to be destroyed by the Lords who in Law have no more power to commit our bodies to prison being Commoners then wee have to commit theirs Therefore it is not we but they themselves that dissolve the legall frame and constitution of the civill policy and government of the Kingdome by suffering will and lust but not law to rule and governe us and so reduce us into the originall Law of nature for every man to preserve and defend himselfe the best he can and therefore since it must be so for so it is we in their owne words pag. 690. say in Gods name let the people Iudge every man within his owne breast whether they or we are most guilty of the foresaid charge But we come to their owne words in their appealing to the people and craving their aid and assistance to helpe to preserve them against those that they say contrary to Law would have destroyed them and we shall begin in the first place with the Protestation which they made and tooke the 3. of May 1641. and by an Order of the 5. May 1641. give their approbation to the taking it by any Commoner of England in the preamble of which they spend much time to demonstrate that there have been and still is a strong indeavour by a Malignant party to subvert the Fundamentall Lawes of England c. And to introduce the exercise of an Arbitrary and tyrannicall government and therefore they sweare and protest they will maintaine the lawfull Rights and Liberties of the Subject and every Person that maketh this protestation in what soever he shall doe in the lawfull persuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and meanes indeavour to bring to condigne punishment all such whether Lords or Members of the House of Commons without exception as shall either by force practise counsells plots conspiracies doe any thing to the contrary and by their Vote of the 30 Iune 1641. They say that what person soever will not take this Protestation is unfit to beare office in the Church or Common-Wealth Now let us see what use they make of this Protestation against the King and we shall find in the 1. part book decl pag. 190. 191. The Vote of the House of Commons in these words Resolved upon the Question That this House doth declare that if any person whatsoever shall arrest or imprison the persons of the Lords and Gentlemen or any of them or any other of the Members of either House of Parliament that shall be imployed in the service of both Houses of Parliament or shall offer violence to them or any of them for doing any thing in pursuance of the commands or instructions of both Houses shall be held disturbers of the proceedings of Parliament and publique enemies of the State And that all persons * * Marke it well ye Commons of England are bound by their Protestation to endeavour to bring them to condigne punishment An Order of the selfe same effect you may read pag. 156. made by them 26. Appill 16●2 And in their Declaration of the 26. May 1642 pag. 278. speaking of the Kings proclaming Sir Iohn Hotham a Traytor without due processe of Law they declare it not only a breach of the Priviledge of Parliament but a subvertion of the Subjects common right yea and such a breach of the Priviledge of Parliament as that the very being thereof depends upon it and therefore say they we no wayes doubt but every one that hath taken the Protestation will according to his solemn Vow and Oath defend it with his life and fortunes And in their Declaratioe of the 19. May 1642. pag. 214. speaking of the many difficulties that they are forced to incounter with in the discharge of their duty to the Kingdome they say yet wee doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with false and specious shewes and so drawne to betray us to their owne undoing who have ever been willing to hazzard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us And in their smart Declaration of the beginning of August 1642 pag. 496. replying unto his Majesties Answers to their propositions they say And having received so sharp a return such expressions of bitternesse a justification and a vowed protection of Delinquents from the hand of Iustice Demands of so apparent danger such manifestations of an intention to destroy us and with us the whole kingdome and this most cleerly evidenced by their subsiquent actions even since these propositions have been made unto us from his Majestie over-running severall Countries compelling the Trained Bands by force to come in and joyne with them or disarming them and putting their Armes into the hands of leud and desperate persons thereby turning the Armes of the Kingdome against it selfe it be not fit for us not only