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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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take all or any of your fore nentioned unwarrantable Oathes for he that hath said Thou shalt not kill hath also said thou shalt not in that manner swear And I would fain know of you what confidence the Parliament upon sollid grounds can put upon any men in England that are so ready and willing to swallow your oat●es that now are become nothing else but cloaks of knavery and breeders of strife and mischief therefore for shame say them all down and presse them no more upon any man whatsoever for he that consciensiously maks nothing of an Oath will make as little of breaking his Oa●h whensoever it shall make for his profit ease or preferment whereas to h●m that conscienciously scruples an Oath his bare word promise or ingagement is the sencerest tye in the world which he would not willingly violate for all the earth But Sir to return to your forementioned grand Objection That your Houses are not in a temper to hear my report and to do me justice upon it I pray Sir what is the reason of it Is it because there is a Faction of great men in it that hates my person and therefore though my cause be never so just yet they will do me no right and if so then I tell you plainly without fear they are a company of Factious knaves and not a company of righteous Judges who ought in judgement to be so impartial that they should not regard or respect persons but the justnesse of their cause Or Secondly it is because I have not the Law of the Land sufficiently on my side and if so it is the easier judged against me but why did you receive and approve of my appeple to your house at first but know Sir that although I be no Lawyer yet I dare throw the gantlet to all the Lawyers in England and against them all before any Legall Barre in England will plead my own cause my selfe and justifie and prove the Lords proceedings with me to be point blanke against the good old and unrepealed Law of England and this I will do at my at most perrell yea let the Lords in the front put their lying Champion William Prinn the basest and lyingest of men who in less then eight lines hath told and printed twelve or thirteene notorious lyes against me see Inocencie and truth justified page 4. 5. 6. and hath such a firey zeale to my distruction that in his late booke called The Sword of Christian Majestracy supported hee would have the two Houses without Law by the power of their owne wills to hang me for no other cause in the world but for being zealous and couragious in standing for the Laws and Liberties of England which you and he have sworne vowed and covenanted to maintaine preserve and defend and for which you have shed at least in pretence so much English blood Oh brave Prinn a fit man indeed to be a Privy-Counseller to the great Turke whose will is his Law Or in the third place it is because the Lords are so great that you dare not do me justice and right for feare of displeasing them and if so why doe you not tell the Kingdome so for it is not a ●…t●le conserned in the contest betwixt the Lords and my self that we may follow your former pattren to know the names of them among them that are enemies to our Liberties and just Free some and so indeavour to give them their just defer●s For I read in the 547 548. pages of the first part book Declaration that upon a lamentable Petition of many thousands of pore people in and about the City of London the House of Commons appoynted a conference with the Lords where Mr. Hollis whose actions demonstrats thereby his ambition is not to be lesse then a Duke or a petty King though not in title yet in power and domination one of the chiefest stickler then against the King in the whole house and one of the chiefest Beginners Causers and Promoters of the by-past warres against the King pressed the Lords at there Barre to joyne with the house of Commons in their desire about the Militia and further with many expressions of the like nature desired in words to this effect that if that desire of the House of Commons were not assented too those Lords who were willing to concur in would find some means to make themselves knowne that it might he knowne who were against them and they might make it knowne to them who sent them yea in page 557 ibim it is positively aver'd that he required the names of all those of that House which would not discharge that they then ●alledther Kingdom se the Juncto● notable Declaration at Oxford the ninteenth of March 1643. page 10. 11. 12. and Mr. Hollis his owne printed Speech and if this fore recited practis were just then it is also in the like case just now yea and the rather because our case is ten times worse now then it was then and our Lawes and Liberties principally by the House of Lords means and their Arbitrary confederates in the House of Commons are now a giving up to the eyes of all rationall and knowing impartiall men their last breath yea and verily there is but one step betwixt Us the Commons of England and perfect and absolute slavery which I for my part had rather be hanged if it were possible ten thousand times over then indure but Sir remember that you in your excellent Declaration of the 19. May 1642. 1. part book Declaration pag. 207. tell us that this law is as old as the Kingdom that the Kingdom must not be without a means to preserve it self and I say by your own declared principles that if you our ordinary and legall means will not preserve us but rather destroy us we may justly by extraordinary and rationall means preserve our selves and destroy you our treacherous destroyers Or lastly is it be cause your House hath already done the last Act of Justice that ever they intended to doe for the Commons of England there Impowerers Lords and Masters and therefore I cannot expect the making of my report indeed Sir I ingniously confesse unto you I think this is the true reason indeed though you do not in plain English words tell us as much yet by your actions you undeniablely declare it for truly many say that there is no Iustice nor right to be had at your hands and for our Laws they only serve you to destroy us at your pleasure or to serve your ends when your hot burning malice is incensed against us which if they serve for your ends they shall be your engines tu undoe us But they do not in the least serve to defend or protect us against you but when we should use them against any of you as justly we may See your own excellent Declaration of the 26. May 1642. 1 part book Declar. p. 278. Sir Ed. Cookes 4. part institut chap. of the High Court of
and others do still remain to the great abridgement of the liberties of the people and to the extreme prejudice of all such industrious people as depend on cloathing or other woollen manufacture it being the Staple commodity of this Nation and to the great discouragement and disadvantage of all sorts of Tradesmen Sea-faring-men and hindrance of Shipping and Navigation Also the old tedious and chargable way of deciding controversies or suits in Law is continued to this day to the extreame vexation and utter undoing of multitudes of Families a grievance as great and as palpable as any in the world Likewise that old but most unequall punishment of malefactors is still continued whereby mens lives and liberties are as liable to the law and corporall pains as much inflicted for small as for great offences and that most unjustly upon the restimony of one witnesse contrary both to the law of God and common equity a grievance very great but litle regarded Also tythes and other enforced maintenance are still continued though there be no ground for either under the Gospel and though the same have occasioned multitudes of suites quarrels and debates both in former and latter times In like maner multitudes of poore distressed prisoners for debt ly still unregarded in a most miserable and wofull condition throughout the Land to the great reproach of this Nation Likewise Prison-Keepers or Goalers are as presumptuous as ever they were both in receiving and detaining of Prisoners illegally committed as cruell and inhumane to all especially to such as are well-affected as oppressive and extorting in their Fees and are attended with under-officers of such vile and unchristian demeanour as is most abominable Also thousands of men and women are still as formerly permit●…d to live in beggery and wickednesse all their life long and to breed their children to the same idle and vitious course of life and no effectual meanes used to reclaim either or to reduce them to any vertue or industry And last as those who found themselves aggrieved formerly at the burdens oppressions of those times that did not conform to the Church-government then established refused to pay Ship-money or yeeld obedience to unjust Patents were reviled and reproached with nicknames of Puritans Hereticks Schismaticks Sectaries or were tearmed factious or seditious men of turbulent spirits despisers of government and disturbers of the publike peace even so is it at this day in all respects with those who shew any sensibility of the fore-recited grievances or move in any manner or measure for remedy thereof all the reproaches evills and mischiefs that can be devised are thought too few or too little to bee said upon them as Roundheads Sectaries Independents Hereticks Schismaticks factious seditious rebellious disturbers of the publike peace destroyers of all eivill relation and subordinations yea and beyond what was formerly non-conformity is now judged a sufficient cause to disable any person though of known fidelity from bearing any Office of trust in the Common-wealth whilest Neuters Malignants and dis-affected are admitted and continued And though it be not now made a crime to mention a Parliament yet is it little lesse to mention the supreme power of this honourable House So that in all these respects this Nation remaineth in a very sad and disconsolate condition and the more because it is thus with us after so long a session of so powerfull and so free a Parliament and which hath been so made and maintained by the aboundant love and liberall effusion of the blood of the people And therefore knowing no danger nor thraldome like unto our being left in this most sad condition by this Parliament and observing that we are now drawing the great and weighty affaires of this Nation to some kind of conclusion and fearing that ye may ere long bee obstructed by somthing equally evill to a negative voice and that ye may be induced to lay by that strength which under God hath hitherto made you powerfull to all good workes whilest we have yet time to hope and yee power to help and least by our silence we might be guilty of that ruine and slavery which without your speedy help is like to fall upon us your selves and the whole Nation we have persumed to spread our cause thus plainely and largely before you And do most earnestly entreat that ye will stir up your affections to a zealous love and tender regard of the people who have chosen and trusted you and that ye will seriously consider that the end of their trust was freedome and deliverance from all kind of temporall grievances and oppressions 1. And that therefore in the first place ye will bee exceeding carefull to preserve your just authority from all prejudices of a negative voice in any person or persons whomsoever which may disable you from making that happy return unto the people which they justly expect and that ye will not be induced to lay by your strength untill ye have satisfied your understandings in the undoubted security of your selves and of those who have voluntarily and faithfully adhered unto you in all your extremities and untill yee have secured and setled the Common-wealth in solid peace and true freedome which is the end of the primitive institution of all governments 2. That ye will take off all Sentences Fines and Imprisonments imposed on Commoners by any whomsoever without due course of Law or judgement of their equalls and to give due reparations to a●l those who have been so injuriously dealt withall and for preventing the l●ke for the time to come that yee will enact all such Arbitrary proceedings to bee capitall crimes 3. That ye will permit no authority whatsoever to compell any person or persons to answer to questions against themselves or nearest relations except in cases of private interest between party and party in a legall way and to release all such as suffer by imprisonment or otherwise for refusing to answer to such Interrogatories 4. That all Statutes Oathes and Covenants may be repealed so farre as they tend or may be construed to the molestation and ensnaring of religious peaceable well-affected people for non-conformity or different opinion or practice in Religion 5. That no man for preaching or publishing his opinion in Religion in a peaceable way may be punished or persecuted as hereticall by Judges that are not infallible but may be mistaken as well as other men in their judgements least upon pretence of suppressing Errors Sects or Schisms the most necessary truths and sincere professors thereof may be suppressed as upon the like pretence it hath been in all ages 6. That ye will for the encouragement of industrious people dissolve that old oppressive Company of Merchant-Adventurers and the like and prevent all such others by great penalties for ever 7. That yee will settle a just speedy plaine and unburthensome way for deciding of controversies and suits in Law and reduce all Lawes to the nearest agreement with Christianity