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

my publique Contest with the Bishops hath enabled me to carry my life in my hands and to have it alwaies in a readienesse to lay it downe in a quarter of an hours warning knowing that he hath in store for me a mansion of eternall glory All these things considered I am now determined by the strenght of God if I speedily have not that Justice which the Law of England affords me which is all I crave or stand in need of no longer to waît upon the destructive seasons of prudentiall men but forthwith to make a for mall Appeale to all the Commons of the Kingdome of England and Dominion of Wales and set my credit upon the tenters to get money to print 20000. of them and send them gratis to all the Counties thereof the ingredients of which shall be filled with the Parliaments owne Declarations and Arguments against the King turned upon themselves and their present practise and with a little narrative of my Star-chamber tyrannicall sufferings and those I have there to complain of are first Dr. Lamb Guin and Aliot for committing me And 2. Lord Keeper Coventry Lord Privie Seal Manchester that corruptest of men whose unworthy Son is now hath been for some yeares the chiefe Prosecut or of my ruine for no other cause but that I have been honest valiant and faithfull in discharging the trust reposed in me which he himselfe was not my Lord Newburgh old Sir Henry Vane a man as full of guilt as any is in England whose basenesse and unworthinesse I shall anotamize to the purpose the Lord chiefe Iustice Bramstone and Judge Jones who sentenced me to the Pillory and to be whipt c. And then 3. Canterbury Coventry Manchester Bish of London E. of Arundel E. of Salithury L Cottington L. Newbnrgh Secretary Cook and Windebank who sentenced me to lye in irons and to be starved in the prison of the Fleet With a short Narrative of my usage by Lords and Commons this present Parliament and conclude with a Declaration of what is the end wherefore Parliaments by law ought and should be called which is to redresse mischiefes and grievances c. but not to increase them 4. E. 3.14 36. E. 3.10 to provide for the peoples weal but not for their woe Book Declar. 1. part pag. 150. and yet notwith standing all the trust reposed in them and all the Protestations they have in publique Declarations made faithfully without any private aimes or ends of their owne to discharge it And notwithstanding all the bloud and money that hath been shed and spent at their beck and and commands I would faine have any of them to instance me any one Act or Ordinance since the wars begun that they have done or made that is for the universall good of the Commons of England who have born the bu then of the day Sure I am they have made severall Ordinances to establish Monopolies against the Fundamentall Lawes of the Kingdome and thereby have robbed free men of their trades and livell hoods that at their command have been abroad a fighting for maintaining the Law and in practise annihilated Magna Charta and the Petition of Right So that a man though of their own Party may suffer much if commited by a Parliament-man or Parliament men before he can get the Iudges to grant an Habeas Corpus to bring him and his cause up to their Bar there to receive a tryall secùndum legem terrae that is according to the Law of the Land although the Iudges be sworn by their oathes to doe it So Sir desiring you seriously to consider of the premises which I could not conveniently send you but in print I rest From my illegall and chargeable captivity in Cole-harbour in the Tower of London this 30. Ian. 1646. Your abused Prisoner who is resolved to turne all the stones in England that lye in his way but he will have right and iustice against you Iohn Lilburne semper idem FJNJS

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. Vlcerous Gangraena a bone or two to pick In which also divers things are handled of speciall concernment to the present times Prov. 21.7 The robbery of the wicked shall destroy them because they refuse to doe judgement Prov. 21.15 It is joy to the just to doe judgement and chap. 29 10. The blood-thirsty hate the upright but the just seek his soule SIR IT is the saying of the Spirit of God in the 12. Prov. 10. That a righteous man regardeth the life of his beast but the tender mercies of the wicked are cruell How far your actions and carriages with me that am more then a Beast have been point-blanke contrary to the first part of that divine Sentence but consonant to the conclusion of it is very easie to demonstrate with pen and 〈…〉 view of the World and as facill to your face before any competent Iudges to justice and prove And this is the Theme I have chosen a little to insist upon at this present time but being resolved to be as concise as I can I shall not now make any ample repetition of your harsh dealing with me at the first in divourcing me by the law of our own Will from my Wife and getting the Lords to make an order to bear you out in it after you had done it and that I should speak with none of my friends but in the presence and hearing of my Keeper c. Which cruell Order meerly obtained and got by your solicitation the Reader may read in the 〈◊〉 p. of Vox Plebis Therefore in regard that the Author of that Book hath pretty well discovered your cruell and illegall dealing with mee at my first comming to the Tower especially in the 45 46 47 48 49. pages thereof And the Author of a late booke called Regal tyrannie discovered in the 48 49. pages And my selfe hath pretty well laid it open in the 16 17 18 20. pages of my printed Relation before the Committee of the honourable house of Commons Novemb. 6. 1646. called An Anotomy of the Lords tyrannie to which I refer the Reader and in regard you are not ashamed of your cruel and illegall carriages towards me but persevere in them as though you would justifie one tyrannie with backing it with continuall acts of tyrannie I shall therefore goe on as effectuall and punctuall as I can more fully to anotamise you and your unjust illegall cruell and unrighteous dealing with me and for matter of fact shall lay nothing to your charge but what I will justifie before any legall Authority in England But in the first place I desire to let you understand that I am a free-born Englishman and have lived a legall man thereof all my dayes being never yet convicted of any attempt or design undertaken or countenanced by me that did tend to the subversion of the Fundamentall Lawes and constitution thereof but have alwayes sided with the Parliament it selfe who hath pretended nothing so much as the preservation of the lawes liberties and Fundamentall Freedomes of England and the peace and tranquility of the people as you may read in their owne Declarations 1 part col Dec. pag. 172. 195. 214. 281. 342. 464. 498. 663. 666. 673. 750. for the preservation of which I have constantly couragiously and as freely adventured my life as any of themselves what ever he be And therefore in every particular have just and grounded cause to expect the utmost priviledge and benefit that the Law of England will afford any man whatever that is under the obedience and subjection thereof Nay more over having to doe with those men as my Iudges that made all or the most of these Declarations and who have also declared it lyes not in their power to inslave or invasalize the people being trusted for their good not for their mischiefe to provide for their weal but not for their woe 1 part Col. dec pag. 150. 214 266. 267. 494. 497. 636. 659. 660. 694. 696. and who in these and other of their own Declarations imprecate and pray that the wrath and vengeance of Heaven and Earth may fall upon them and theirs when they cease actually to performe what verbally they there declare unto whtch I say AMEN And there they protest vow and sweare they will maintain the fundamentall Lawes and Liberties of the people and therefore in that respect you cannot groundedly in the least thinke that I should Issacar-like stoop willingly unto any other buthens impositions or commands layd upon mee by you or any other whatsoever that are not warrantable and justifiable by the fundamentall Lawes of the Land and whether your practises have been so with me I-will compare them to the Law and leave every rationall man to judge First I doe not find any Law that makes prisons places of executions punishment or torment but only places of safe custody for the Law of England as Sir Edward Cooke in the second part of his institutes fol. 28. excellently declares is a Law of mercy yet as he then said so I much more say now it is now turned into a meere shaddow which is the most we now enjoy of it and therefore as the Author of the late booke called Liberty vindicated against Slavery very well saith p. 7. from Sir Edward Cooke in the 1. part of his instit f. 260. that by the Law prisons are ordained not for distruction but for securing of mens persons untill they be brought forth unto due and speedy tryall for being in prison they are under the most especiall protection of the Law and the most tender care thereof and are therefore to be humanly courteously and in all Civillity ordered and used otherwise Goalers are not keepers but tormentors and executioners of men untryed and uncondemned but this were not salvo custodia to keep men in safety which the Law implyes and is all it requires but diseruere to distroy before the time which the Law abhors and detests yea and that prisoners though never so notorious in their crimes may be the more honestly and carefully provided for and the better and more civilly used and to the end that Goalers and Keepers of prisons should not have any colour or excuse for exacting any thing from prisoners under what colour or pretence soever whether the same be called fees or Chamber-rent who are in custody of the Law It is provided and declared by the Law that all prisons and Goales what ever be the Kings for the publike good and therefore are to be repared and furnished as prisons at the common Charge see Cook on

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