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A90235 England's miserie, and remedie in a judicious letter from an utter-barrister to his speciall friend, concerning Leiutenant [sic] Col. Lilburn's imprisonment in Newgate, Sept: 1645. Utter-Barrister.; Overton, Richard, fl. 1646.; Lilburne, John, 1614?-1657.; Wildman, John, Sir, 1621?-1693.; Sexby, Edward, d. 1658. 1645 (1645) Wing O628B; Thomason E302_5; ESTC R200275 5,726 8

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use their Power over himselfe and his fellow Senators in reforming their disorders For this the Commons highly esteemed him and the Senators as deeply hated him c. But I hope the wisdome and Providence of the Parliament will prevent these extremities yet I cannot but put them in remembrance that small sparkles do oftentimes occasion great fires And that the English Nation is sensible of nothing more then the breach of their liberties and of violence offered to the freedome of their persons Witnesse the Magna Carta thirty times confirmed by the Princes of this Jland and witnesse the cheerefull readinesse of the people to serve the publique in this present great quarrell And let no man dreame that the Parliament may trench boldly thereon without check A sillie conceit and aggravating the offence For a dog that devoureth his owne kind we account more unnaturall then a Lyon or a Beare of another kind besides the heart burning which is easily kindled when our owne fellowes domineere over us There are but ●wo things of ●uing a people either by feare or love the first may be more agreeable to Master Corbitt as sutable to his gallant and imperious nature or to Sir Robert Pyes Canine humour but is brittle and will last no longer then the fome which supports it The second of love is safe and durable Camillus the Roman speakes of it in two words Firmissunum imperium quo obedientes gaudent the most stable lasting government under which the people rejoyce and live cheerfully But Lilburnes case is singular that a member of the body represented 〈◊〉 free borne subject in life and conversation without exception Considerable both in his actions and sufferings in this great Cause that such a subject contrary to the tennor of Magna Carta contrary to the late Covenant and Petition of Right yet and the direct rule alleaged in Scripture should be three times imprisoned without shewing cause by a Parliament professing reformation and defence of our Lawes and Liberties and without any urgent or apparent necessity of State enforcing it This J professe is to me a riddle beyond all that this monstrous age hath brought forth I need not say how much the publique libertie is wounded in the injurie doubled and trebled upon their fellow member nor the consequences thereof which if drawne into president who can count himselfe free Nor the consequences of a wicked sentence which as Chancellor Bacon sayes is infinitely worse then a wicked fact as being held a president or patterne whereby oppression beginning upon one is extended as warrantable upon all And this conclusion he draweth out of this place of Scripture Fons turbatus pede et vena corrupta est justu● cadens coram impio A just man falling into the hands of the wicked is like a fountaine troubled with the foot or the urines corrupted in the bodie The horror of this sentence hath stricken the generality of the people with amazement to behold the Kid seething in the milke of the Damme that is to say the Chambers of justice ordained for our comfort preservation and safety unkindly wrested to enslave ruine and destroy us Surely after-ages when they shall ponder these proceedings in cold and sober blood will be ashamed to own the actors for their parents or predecessors And it is to be feared that the stones from the pavement will rise in judgement one day against the abusers of the trust committed unto them And let no man deceive himselfe to thinke with sencelesse and frivolous distinctions to award the dishonour and danger which may arise to the Parliament hence as to say that the Great Charter is but suspended as to Lilburne but not abrogated and that the duty of the Parliament is to provide for generalities but is not at leysure to attend particular grievances these answeres satisfie none but Ideots or those that suck profit under their command J mentioned before the danger and dishonour arising to the Parliament hereby which of necessity must ensue for seeing that Omne Imperium in consensu et assensu parentium fondatur Plinius Paneg. All lawfull Empire or Soveraigne command hath its basis or firme foundation in the consent approbation and good liking of the people a rule without exception What consent or good liking can bee expected from those who dayly see themselves abused in their liberties and ruined in their Estates Nay what hope of redresse when as our Petitions will not be accepted without great friends in the House To be short it is not credible that either people or person in any outward condition under which they mourne sigh or groane will continue any longer therein then they have occasion of good termes to be delivered according to the saying of Liv. lib. 8. Non credibile est illum Populum vel hominem denique in eâ conditione cujus eum poeniteat diutius quam necesse sit mansurum Hence it must necessarily follow that the multitude toucht to the quick in their liberties and means of living will be easily perswaded to shake off all Bonds of obedience so necessary to the Magistrate and to cast the blame of their sufferings upon the Authors either as false to their Trust or uncapable of the great weight of Authority committed unto them For who but a mad-man will yeild obedience unto those who are regardlesse of their Lawes and Liberties or negligent of the means of their Subsistance Livelihood and Safety the maine and only ends for which they are Conveened and called together and not to provide Offices for themselves or to sollicite the Causes of their particular friends sometimes the greatest Enemies of the State I beseech you passe not lightly by these Confiderations as idle and vaine feares for who shall hinder the multitude if stung with a lively sence of their lost Freedoms and means of subsisting they shall endeavour the re-gaining thereof by some sudden attempt seeing that if the worst happen they cannot be in much worse condition then they now are As to the Committee for Examinations mentioned in Mr. Lilburns Letter which ought to be the Touchstone whereby to discern Gold from counterfeit And in equity and reason ought to be free equall and open as well to the Plantiffe as Defendant especially in Criminall Causes But in cases of Treason or which concern the Publique safety ought rather to lend an attentive eare to the Delators or Accusers then any way to discourage them For if these necessary evills shall be disheartned who will watch over the safety of the State Besides it is more safe and tollerable in the condition wherein we now are that a mischief should happen to one man then a ruine to the whole Kingdome As to this Committee I wish from my soule that Leiutenant Colonell LILBVRNE were the only complainant against them Let Westminster-Hall the Exchange and other places of Publique meeting inform you What making of sides browbeating of witnesses baffeling of evidences facing and out-facing of the truth What impertinent distinguishing and abusing the Formalities of the Law is there complained of And all this noise and turmoile to help a knave out of the briers It were more for the honour of their justice and the satisfaction of the people if the usuall forms of proceeding in cases of charge of Treason were observed That is that the person accused were secured and the accusers heard with all equanimity patience and attention Whereas on the contrary the accused is permitted to sit down covered as Peer and companion with the Commissioners and to arraign his accusers O wretched times O miserable England which doest labour with all the symptoms marks and tokens of a declining and dying state Injustice avowed Treason countenanced Oppression become familiar almost legall Oaths Protestations and Covenants solemnly made in the presence of God and man slighted and set at nought Then to fill up the measure of our sorrowes a Civill War within our own bowels nay almost in every family And last of all a generall corruption of manners which assures us the malady will be lasting if not incureable What will be the end and issue of all this Seeke to that Oracle which cannot lye Propter injustitiam et injurias et contumelias et diversos dolos Regnum a gente in gentem transfertur Ecclesiasticus Chap. 10. verse 8. Because of unrighteous dealings injuries and riches got by deceit the Kingdome is Translated from one people to another To the Reader CHristian Reader having a vacant place for some few lin●● J have made bold to use some of Major George Withers his verses out of VOX PACIFICA pag. 199. Let not your King and Parliament in One Much lesse apart mistake themselves for that Which is most worthy to be thought upon Or think they are essentially the STATE Let them not fancie that th' Authority And Priviledges upon them bestown Conferred to set up a Majesty A Power or a Glory of their own But let them know t' was for another thing Which they but represent and which ere long Them to a strict account will doubtlesse bring If anyway they doe it wilfull wrong For that indeed is really the Face Whereof they are the shadow in the glasse Moreover thus informe them that if either They still divided grow from bad to worse Or without penitence unite together And by their sin provoke him to that course GOD out of their confusions can and will Create a cure and raise a lawfull-power His promise to his people to fulfill And his and their Opposers to devour Yea bid both King and Parliament make hast In penitence united to appeare L●st into those Confusions they be cast Which will affright them both and make them feare And know there is on earth a greater-thing Then an unrighteous Parliament or King FINIS