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A88241 Rash oaths unwarrantable: and the breaking of them as inexcusable. Or, A discourse, shewing, that the two Houses of Parliament had little ground to make those oaths they have made, or lesse ground to take, or presse the taking of them, being it is easie to be apprehended, they never intended to keep them, but onely made them for snares, and cloaks for knavery, as it is clearly evinced by their constant arbitrary and tyranicall practices, no justice nor right being to be found amongst them; by meanes of which they have declaratorily, and visibly lost the very soule and essence of true magistracy, (which is, the doing of justice, judgement, equity ... In which is also a true and just declaration of the unspeakable evill of the delay of justice, and the extraordinary sufferings of Lievtenant Colonell John Lilburne, very much occasioned by M. Henry Martins unfriendly and unjust dealing with him, in not making his report to the House. All which with divers other things of very high concernment, are declared in the following discourse, being an epistle, / written by Lievtenant-Colonell John Lilburne, prerogative prisoner in the Tower of London, to Colonell Henry Marten, a member of the House of Commons of England ... May 1647. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2167; Thomason E393_39; ESTC R201615 53,968 58

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unto your wisedomes And as in duty bound we shall pray c. But this Petition being against Mr. Hellis and Sir Philip Stapleton the Captains and heads of the subverters of our Lawes liberties and freedomes after it was debated it was as your Diurnall tells me upon the 20 of May 1647 ●oted 1. To be a high breach of Priviledges 2. That it was seditious 3. That this Petition and the former intituled The humble Petition of many thou●anas c. should be burnt at the Exchange in Cornewell and the Pallace yard at Westminster Saterday next Which as I am informed was accordingly done by the hands of the common hang-man Vpon which the petitioners not being willing to be bafled out of their liberties in making known their grievances without the injoyment of which they are perfect * Read your owne words in Co●…d●… pag. 720. slaves they resolve to attempt a Petition once more though divers of them ●ather desired to remonstrate against you to the whole Kingdome for a company of tyrannicall destroyers and treacherous betrayers contrary to your oaths and the duty of your places of the Lawes Liberties and Freedomes of England And having discoursed my selfe with some of them and perceiving they were resolved to petition once again I told them I conceived they had nothing else to petition for as things at present stood with your house but these two things viz. That seeing the House had voted they had broken their priviledges by petitioning unto them for redresse of their grievances without declaring wherein how or after what manner or giving any reasons at all wherefore they burnt their honest Petition that therefore they would be pleased forthwith publiquely and distinctly to declare unto the whole Kingdome what their priviledges are and when how and after what manner they came by them that so in future time through ignorance in not knowing their priviledges they might not run upon the pricks of their iudignation and the Hang-Mans 2. That they would also be pleased to declare and dictate to them what how and after what manner they should petition for the next time they would vouchsafe to give them leave to Petition to them that so their Petition might not againe be burnt by the hands of the common Hang-man and I withall told them the house of Commons answer to their last Petition did necessarily and iustly lead them as it were by the hand to such a petition as this but they rejected it and framed one of their owne the Copy of which thus followeth To the Right Honourable the Commons of England Assembled in Parliament The humble Petition of many thousands of well affected People Sheweth THat having seriously considered what an uncontrouled liberty hath generally been taken publiquely to reproach and make odious persons of eminent and constant good affection to Parliament and common wealth how prevalent indeavours have been to withhold such from being chosen into places of trust or Counsell how easie to molest or get them into prisons how exceedingly liable to misconstruction their motions and Petitions in behalfe of the publique have lately been When we consider what grudgings and repinings have sinistrously been b●gotten against your most faithfull and successefull Army what arts and devises to prov●ke you against them and to make y●u je●lous of them what hard measure some of th●m both Offic●rs and Soldiers have found in divers respects in sundry places When we consider what change of late hath importunately th●ugh caussessely been procured of the Committee of Militia in the City of London and how that new Committee hath already begun to remove from Command in the Train'd bands and Auxiliaries persons not to be suspected of di●affection or ●ewerality but such as have been most zealous in promoting the safety of Parliament and City When we consider how full of Armies our neighbour Countries are round about us and what threatning of forrain forces wee are even astonished with griefe as not able to free our selves from apprehension of eminent danger but are strongly induced to feare some evill intentions of some desperate and wilfull persons yet powerfully working to blast the just ends of this Parliament and re-imbroile this late bleeding and much wasted Nation in more violent warres distempers and miseries And as our earnest desires of the quiet and safety of the Common wealth hath necessitated these our most sad observations So are we constrained to beleeve that so dangerous an alteration could not so generally have appeared but that there is some great alteration befaln both in Counsels and authorities throughout the land which we verily conceive ariseth from no other cause but from the treacherous policie of enemies and weaknesse of friends in chusing such thereinto as have been unfit for those imployments some whereof as is credibly reported having served the enemie in Armes some with moneys horse ammunition or by intelligence some in Commission of Array some manifesting constant malignity in their actions speeches or standing Newters in times of greatest tryall some culpable of notorious crimes others lying under heavie accusations some that are under age or such who are at present ingaged in such courses as in the beginning of this Parliament were esteemed Monopolies Now may it please this honourable House if such as these should remain or may have privily crept into our Counsells or Authorities as by the forecited considerations we humbly conceive cannot but be judged what can possibly be expected by those who have been most active and faithfull in your servi●… but utter ruine or the worst of bondage For prevention whereof and of those dangers warres and troubles that are genera●…y feared we are constrained earnestly to intreat 1. That you will be p●eased instantly to appoint a Committee of such worthy members of this honourable H●use as have manifested most sincere affections to the well affected and to authorize them to make speedy ●n ●…ict inquir●e after all such as are possessed of places of Counsell trust auth●rity or command who according to law Ordinances Reason or ●o●ty ought not to be admitted and that all persons without exception may be permitted and incouraged to bring in accusations witnesses or testimonies for the more speedy perfecting of the wo●ke and that you will forthwith exclude all such out of all offices of counsell trust Authority or command against whom sufficient cause shall be proved without which we cannot see how it is possible for the well affected to live either in peace or safety 2. That you will countenance protect and succour the cordiall well affected in all places according to their severall cases and conditions especially in their addresses with petitions 3. That you will be pleased to condiscend unto all the just and reasonable desi●es of your Commanders Officers and Soldiers by whose courage and faithfulnesse so great services have been performed and severely to punish all such as have any way sought to alienate you from them 4. That the Militia of L●ndon
progresse of that Petition We are not ignorant that we have been and are like to be represented unto you as Hereticks Schismaticks Sectaries seditious persons and Enemies to Civill-government and the like but our said Petition is sufficient to stop the mouthes of such calumniators and declare us to be not only sollicitors for our own particulars but for the generall good of the Common-wealth and will minister a just occasion to suspect the designes of those that so frequently asperse us though their pretences be never so specious And we trust your wisedomes will timeously discover and prevent any evill intended against us And whereas Major Tuledah stands committed by Order of this Honourable House for some conceived misbehaviour towards some Members of your said Committee we humbly intreat that he may be forthwith called to your Barre and be permitted to answer for himselfe and that witnesses may be also heard on his behalfe which justice could never yet be obtained that so this honourable House may be rightly and fully informed concerning his cause and demeanour of those Members the suddain imprisonment of our friends ●eing very grievous unto us And your Petitioners shall pray The specified certificate you will read before in pag. 35. But finding no benefit to themselves by this Petition although they followed it extraordinary close and at the doote presented it to all the Members in print and therefore imediately upon it they frame another and having got a competent number of hands to it they presented it in writing And afterwards in print to all the Members that would receive it the true copy of which thus followeth TO THE RIGHT HONOVRABLE THE COMMONS OF ENGland assembled in Parliament The Humble Petition of divers well affected people in and about the City of London Sheweth THat as the Authority of this Honourable House is intrusted by the people for remedie of their grievances so hath it been their uncustomed and undoubted liberty in a peaceable manner to present unto this House what soever they deemed to be particular or generall grievances And as ye gave encouragement unto others in the use of this just Liberty reproving such as endeavour to obstruct the peaceable promoting of Petitions so did we verily hope to have found the like countenance and protection in promoting our large Petition but no sooner was the promoting thereof discovered but Mr. Glin Recorder as is commonly reported hastily and untimely brought it into the House exclaiming against it as a most dangerous and sedition paper and shortly after the Common Counsel in like manner prejudged it as guilty of danger and sedition though both without any grounds or reasons affixed that we know of And as the worke of Mr. Recorder was the occasion as we conceive of an inquiry after the promoters so also of the hard measure we found at Col. Lieghs Committee where occasion was suddenly taken to threatten or remove by guard to imp●ison Nicholas Tew one of the Petitioners the rest being reviled with odious titles of factious and seditious Sectaries and Major Tulidah another of the Petitioners not only reviled and reproached as the rest but violently hauled and most boysterously used by Sir Philip Stapleton and Col. Hollis who made offer as if they would draw their Swords upon the Petitioners and Sir Walter Earle lifting up his Caen in a most threatning manner took another by the shoulder all which is ready to be certified by sufficient witnesses and which we doe verily beleeve was done purposely out of their hatred to the matter of the Petition to render us as a turbulent people to this Honourable House to begit a mislike of our Petition and to frustrate our endeavours in promoting thereof Unto which their misinformation of this honourable house as we have cause to suspect may be imputed the occasion of the sudden imprisonment of Major Tulidah without heating of him and our so long and tedious attendance for answer to our last Petition and Certificate and the misapprehension of this honourable house of our desires in that Petition For we did not desire as your answer importeth that this house should declare their liking or disliking of our large Petition being not then promoted nor presented by us but that you will be pleased to vindicate our Liberty to promote that Petition notwithstanding the hard measure we had found and the aspertions cast upon it to release the party imprisoned by the Committee meaning Nicholas Tew to discountenance those that obstructed the gathering of subscriptions to call Major Tulidah to your Bar and to heare witnesses on his behalfe that so he might be also rightly informed as of his cause so of the demeanor of some members of that Committee Now for as much as the more we consider the generall grievances of the Common wealth the greater cause we still find of promoting of the large Petition as not discerning any thing of danger therein except in some corruptions yet remaining nor of sedition except as before this Parliament it be in some mens esteemes seditious to move though in the most peaceably manner for remedy of the most palpable grievances and for as much as we are hopefull this Honourable House will in due time have good use thereof for the discovery of such as are ingaged either directly or by Relations in those corruptions for removall whereof the Petition is intended and not knowing for what end so great an effusion of the blood of the people hath been made except to procure at the least the particulars desired in that Petition and that we might know our selves so farre at least to be free men and not slaves as to be at liberty to promote Petitions in a peaceable way to be Iudges of the matter thereof and for our time of presenting them to this Honourable House without let or circumvention We humbly intreat that ye will be pleased 1. To weigh in equall Ballance the carriage of Mr. Recorder and that of the Common Counsell in this weighty cause of prejudging Petitions and to deale with them as the cause deserveth 2. To consider of how evill consequence it is for your Committees to to assume a p●wer of imprisoning mens persons without your Commission and that ye will not passe over this in this Committee 3. To receive the Testimonies concerning Sir Philip Stapleton Col. Hollis and Sir Walier Earle and to deale with them according to the ill consequences of their violent demeanour and misinformation of this Honourable House tending to no lesse then the obstruction of Petitions the gleatest mischiefe that can befall a people in time of Parliament 4. That Nicholas Tew may be wholly inlarged and that no man may hence forth be committed by an Arbitrary power as he at the first was nor without cause shewed though by lawfull Authority 5. That ye will as yet suspend your sense of our Large Petition untill such time as the Petitioners shall judge it fit to present the same as a Petition