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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	jurisdiction_n	power_n	2,742	5	5.2192	4	true

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

displayed ensignes of the voluntarie Christians pluckt the writing out of his bosome wherein the League was comprised and holding it up in his hand with his eyes cast up to Heaven said Behold thou crucified Christ this is the League thy Christians in thy name made with me which they have without cause violared Now if thou be a God as they say thou art and as we dreame revenge the wrong now done unto thy Name and me and shew thy power upon thy perjurious people who in their deeds deny thee their God Whereupon there began a most cruell and feirce fight the successe of which within alittle while wholy fell to the Turkes who having slaine King Vladislaus and discomforted his Army Huniades that most valiant Captaine was forced to fly for his life and it is observable that in this battle were destroyed all the chi●fe Authors and Actours yea Iulian himselfe in breaking the Oath Covenant and League they had made with the Turke Folio 297. 298. which overthrow proved a fatall and dismall blow to the Hungarians which may be a good warning to all men in the world not rashly to enter into an Oath or Covenant but delibrately and with a resolved resolution enviolably to keepe and observe it which is impossible for any man breathing to do yours For first I read in the 1 Eliz. Chapter 1 that all and every Arch-Bishop Bishop and all and every other Ecclesiasticall Person and other Ecclesiasticall Officer and Minister of what estate dignity preheminence or degree soever he or thay be or shall be and all and every temporall Judge Justice Mayor and other lay or temporall Officer and Minister and every other person having your highnesse sees or wagges within this Realme or any your Highnesse Dominions c. shall take that Oath following viz. THat the King is the onely supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiasticall things or causes as Temporall And a little below all that takes it which all you Parliament men must and ought to doe or else you cannot sit as by the Statute of the 5 Elz. 1. appeares sweares and promises that from henceforth I shall beare faith and true Alleagence to the Kings Highnesse his Heires and lawfull Successors and to my power shall assist and defend all jurisdictions priviledges prehemanencies and authorities granted or belonging to the Kings Highnesse his Heires and Successors vnited and annexed to the imperiall Crowne of this Realme And by the Oath of Allegiance inacted the 3 of Jam. chapter 4. which principally and originally was made for Popish Recusants to take and for such men of England as traviled beyond the Seas to serve any Forraigne State or Prince though of late yeares as I am informed imposed upon all Members of Parliament before they are admitted to sit there in which Oath you and every one that takes it sweares and declares in your Conscience before God and the World that our Soveraigne Lord King Charles is lawfull and rightfull King of this Realme and of all other his Majesties Dominions and Countries and that the Pope neither of himselfe nor by any Authority of the Church on Sea of ●ome or by any other meanes with any other marke the last clause well hath any power or authoritie to despose the King or to dispose any of his Majesties kingdomes or dommious or to authorise any Forraigne Prince to invade or annoy him or his countries or to give lisceuce or leave to any of them to beare Armes raise Tumults or to offer any violence or hurt to his Majesties Royall Person State or Government or to any of his Majesties Subjects within his Dominions And a little below he that takes that Oath sweares I will beare Faith and true Allegiance to his Majestie his Heires and Successors and him and them will defend to the uttermost of my power against all conspiracies and attempts whatsoever marke the word whatseover which shall be made against his or their Persons their Crowne and Dignitie by reason or colour of any such Sentence or Declaration or otherwise make the word otherwise well and will doe to my best endeavour to disclose or make knowne unto his Majesty his Heires and Successors all treasons and treacherous conspiricies which I shall know or heare of to be against him or them And below the Oath saith I do beleeve and in conscience am resolucd that neither the Pope nor any person whatsoever note the foure last words well hath power to absolue me of this Oath nor any part thereof which I acknowledge by good and full authoritie to be lawfully ministred unto me and doe renounce all Pardons and Dispensations to the contrary and all these things I do plainly sincerely acknowledge and sweare according to these expresse words by me spoken according to the plaine and common sence and understanding of the same words without any equevocation or menthall evation or secret reseruati●n whatsoever And I doe make this recogniction and acknowledgemeni heartily willingly and truly upon the true faith of a Christian So helpe me God And adde unto these your fore-mentioned Covenants and upon them all I conclude it is impossible for any man breathing to keepe them Now Sir set aside the evill ingredients of these two Legall or Statute Oaths fore-mentioned which were easie in my judgement to be evinsed especially that clause of the Oath of Supreamicy recorded 1 Eliz. 1 the expresse words of which are That the King is the onely Supreme Governour of this Realme and of all other his Highnesse Dominions and Countries as well in all Spirituall or Ecclesiastiall things or causes as Temporall To say nothing of the Temporal part of it I will desire you to satisfie me in two or three things of the Spirituall First whether or no Jesus Christ by God the Father was not appointed to be the perfect Law-maker and Law-giver unto his visible Church on earth under the Gospell and so to settle it that there should be no roome at all left for Kings Parliaments or any other power on earth to adde to or detract from what he by the eternally and everlasting assigament of his Father was to doe in that particuler Secondly whether or no he hath beene faithfull in executing fully the will of his Father in this particuler Thirdly whether or no to deny his faithfulnesse or to set up in the Spirituall Church House or City of Jesus Christ the dictats lawes or injuntions or commands of Kings Parliaments or any other earthly power whatsoever be not an absolut denyall of the faithfulnesse of Jesus Christ a calling the Scripturea lie and false thing and a Declaration that he that we owne of our annointed Mesias or Seviour is a Theese Deluder and false Prophet and not the true reall and great Prophet professed of old to be sent into the world as the Atoner of man unto God the King of Saints as well as the

King of Kings unto whom all power in Heaven and Earth was to be committed to make absolute perfect sperituall Lawes unalterable unchangable by any King Parliament or Potentats whatsoever Fourthly whether there can be greater treason committed on earth by man against Jesus Christ then to disclaime and renounce him and his absolut Kingship by swearing that either the Pope or any King Parliament or Potentats are the head or onely supreame Governour in their severall Kingdomes Dominions or Jurisdictions in all Sperituall or Ecclesiasticall things or causes Lastly whether Kings Parliaments and Magestraites as Kings Parliaments and Magestrates have any thing at all to doe with the Sperituall House City or Church of Christ on earth and whether that if any of them clame any interest power or authority in the Church of Christ it be not by vertue of their Saintship not Kingship and whether or no● the worship and service of the soule spirit or inward renewed man be not the absolute alone and onely right of God and as much his single due without compettitors as the obedience and subjection of the body outward man and estate is the right and due of Caesar Kings Parliaments or Potentats But Sir to returne back againe unto the Oath I beseech you let me aske you whether are not those men forsworne that have taken the formentioned Oaths and then within a little while after give men commissions to fight with kill and slay the very same man they had so sworne unto for the tenor of the Earle of Essex Commission was to kill and slay all those that opposed him and in the head of that Army who opposed him was the King who was as possibly to have been killed in the battle as any other in the Army Nay Sir is it not the highest of contradictions that when you have authorized men three or foure yeares to fight against the King and have taken him prisoner and so keep him yet you shall force men although they be freely chosen by their Country before you will admit them to set in your house to take the fore recited Oaths to be true to the King truely for my part the Oaths to me are so notablely penned that I know not with what evasions or distinctions you or any of you that have taken the said Oaths are able rationally to free your selves considering your actions from being forsworne and perjured if a man may so call it befor conviction I pray you Sir give me leave here to recite your late negative Oath and so whether it be not point blank against the Oaths of Allegience and Supremisie before recited the negitive Oath begins thus I A. B. do sweare from my heart that I will not directly nor indirectly adheare unto or willingly assist the King in this Warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this Cause or Warre and I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is with any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advise of the King or any of his counsell or Officers other then what I have now made knowne so helpe me God and the contents of this Booke This is the Oath that all the Cavaliers take or by your orders ought to take before they can make their composition therfor I pray you let me aske you these question First whether or no this Oath called the Negative Oath be not absolutly point blanke opposit against the Oaths called the Oaths of Suppremisie and Allegience Secondly whether or no are not all those Cavaliers that take this Negative Oath that have taken the two former absolutly forsworne and perjured and what trust or confidence is to be put in perjured Persons I leave you to judge Thirdly Whether or no are not the Parliament it self the maine instruments of these mens perjury in forcing many times this negative Oath and others upon them against their wills mindes and consciences and so for any thing they know send them headlong to the devill which is one of the most wickedest actions in the world Now Sir to conclude this point I would faine in the third place know how it is possible for any of you to sw●er in truth in judgement and in righteousnesse as you ought Iere. 4.2 When you take or make Oaths by formes the ingredients of which admits in your own understandings of various interpretations so that you are but in a doubting condition whether that sense you take it be the true sense or no and so hereby the end of an Oath is frustrate in you for by Gods appointment it ought to be the end of all controvercy and strife Heb. 6.16 but to you these Oaths are but the beginning of them and so in that preticular alone altogether unlawfull Fourthly Seeing Iesus Christ in the fist of Matth. 34.35,36,37 expresly saith Sware not at all neither by heaven for it is Gods throne nor by the earth for it is his foot-stool neither by Hierusalem for it is the city of the great King Neither shalt thou swear by thy head because thou canst not make one haire white or black But let your communication be yea yea nay nay for whatsoever is more then these commeth of evill and the Apostle Iames chap. 5 12. saith but above all things my brethren sware not neither by heaven neither by the earth neither by any other Oath but let your yea be yea and your nay nay lest ye fall into condemnation And seeing that in all the New Testament there is not the least rule at all for any that professe the fear of God to forsware at all in any case whatsoever unlesse it be that a ground for swearing can be fetched from that of the sixth of the Hebrewes 16. which if it can it is but in one case only namely for confirmation of that truth which a man delivers for the ending of all strife as I conceive betwixt party and party but that which a man swears he must be sure of it and that hee knowes it in his own knowledge to be true or else hee sweares not as God requires as before is truly observed Now Sir these things premised and seriously considered I desire to know of you from whence you or any Parliament upon earth fetcheth and derives your Power Ground or Authority to make and impose such formes of Oathes as the Oathes of Supremacy and Allegiance are or the Oathes of your Vowes and Covenants before mentioned are that have not only so many dubious things in every one of them but also are expresly against the positive command of Christ the Anointed King of Saints as well as King of kings and by whom Kings rule for my part I protest it freely before the God of heaven and earth I think it as lawful for me to cut mine own throat as to

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

They doe declare their high dislike of that Petition their approbation and esteem of their good Service who first discovered it and of all such Officers and Soldiers as have refused to joyne in it and that for such as have been abused and by the parswasion of others drawn to subscribe it if they shall for the future manifest their dislike of what they have done by forbearing to proceed any further in it it shall not be looked upon as any caus to take away the remembrance sence the houses have of the good service they have formerly done but they shall still be retained in their good opinion and shall be cared for with the rest of the Army in all things necessary and fitting for the satisfaction of persons that have done so good and faithfull service and as may be expected from a Parliament so carefull to performe all things appertaining to honour and justice as on the other side it is declared that all those who shall continue in their distempered condition and goe on in advancing and promoting that petition shall be looked upon and proceeded against as enemies to the State and d●sturbers of the publique peace Die Martis 30. Martii 1647. Ordered by the Lords assembled in parliament that this Declaration be forthwith printed and published John Brown Cler. Parliamentorum Now Sir to conclude the tyrannicall house of Lords having most illegally barbarously tirannically and unjustly committed me to prison and sentenced me under wh●se tyranny you are willing to suffer me to perish and then by your and their whifling and buking Curs to bespatter and reproach me in print thereby strongly indeavouring to m●ke me as odiou● in the eyes of the sons of men as Job was in all his botches and alasse pocre I must be kept in pri●… 〈…〉 without pen or inke accesse of friends or any 〈…〉 and so deprived of all means to vindicate my 〈…〉 ●…ce write in my owne behalfe and set my name to wi●… 〈◊〉 ●…ing alwayes ready to owne and iustifie my lines and to seale then with my 〈◊〉 blood yet my wife must be made a prisoner and fetched up to your arbitrary Committees for dispersing of my bookes and the book women in Westminster Hall that sell them must have then shops and houses searched and rob'd of all my bookes by your Catch poules and if you suspect any for printing of them they must be sure to be dealt worse wi●h then if they were Traytors and enemies to their Country and have their houses rob'd and spoyled of their goods and presses with which they earne bread for them and their families and carried away by force before any legall tryall or conviction of any crime contrary to the lawes of the land which possitively declares that no free man of England forfeits his lands goods or livelyhoods tell he be convicted of a crime 1 R. 3.3 Cookes 2. part institutes chap 103. fol. 228. 229. See the Petition of Right yea and their bodies imprisoned most tyrannicall and illegally without baile or maineprize although there be no collour in law for the pretended cause of their commitment nor no power in law for any Committee of your house to commit a printer or any other free man in England to prison See the law authorities mentioned in Judge Jenkins late printed papers And when the prisoner according to the law of the Kingdome sues for a Habias Corpus which legally cannot be denyed to any prisoner whatsoever and by vertue thereof be brought before the present Judges of the Kings bench Justice Bacon and Justice Rowles yet contrary to law and their owne oathes which oaths are before mentioned they refuse to deliver the prisoner so uniustly imprisoned or to take baile for his forthcomming but returne him back to prison againe there contrary to law and iustice to be kept without bail or maineprize Oh horrible tyrannie oppression and iniustice and yet as I am certainly informed this was the case of Mr. Thomas Paine a Printer the last tearme Nay your Catchpoules by their owne power can and have forceably entered and felloniously and illegally carried away my proper and truly com'd by goods to a large value for which though I complained to your Committee yet could I not obtaine from their hands one dram of Justice See my examination before them called the resolved mans resolution pag. 12. Nay this is not all for when your members and the Lords and their catchpoules creatures have sufficient railed at me and reproached me and tyed up my hands by depriving me of all meanes as they thought to publish any thing for my owne defence then they as I conce●ve ioyne together and git some lying Presbyter assemblie man or other for the Author concealing his name and I not able to find it out I apprehend and iustly conceive I have iust cause to lay it to them it being so sutable to the constant meanes they and their Creatures use to set up their new reformed Kingdome to frame contrive and publish to the view of the world a Recantation in my name that J my selfe though my name be to it had not the least finger in or knowledge of thereby to render me odious to the purpose and to declare me a weather cock follow and as fass●l and easie in changing my former avowed just principles as the Lords and Commons and assembly men at Westminster are to change theirs But Sir if God permit I shall take a more fi●t oppertunity to anotomize that grosse peice of Pa●l●…mentary assembly knavery And therefore I must plainly tell you seeing the Lords and Commons at Westm●nster have dealt so ●arb rously and illegally with 〈◊〉 as they have done * And not with me but also with M. Over●on his wife and brother and Mr. Larners man and maid who are all yet in person and can have nor obtain any iustice from either of your houses and are worse then the unrighteous Iudge that upon no importunity will doe me Justice I am now in good sober resolved earnest determined to appeale to the whole Kingdome and Army against them and it may be thereby come quittance with them and measure unto them as they have measured to me and doubt not but to make it evident that though some of your members call the Army Rebells and Traitors for contesting with those that gave them their power and authority that they themselves a●e reall Rebells and Traitors to the trust reposed in them by the free people of England their Empero●rs Lords and Masters And that the Army are really and truly a company of Rogues Knaves and traiterous Villains to themselves and their native Country if they should disband upon any tearmes in the world till they have brought them to examplary Justice and made them vomit up the vast sums of the publiques money that they have swallowed down into their devowring canniball mawes and firmly setled the peace and iustice of the Kingdome which that they may faithfully and cordially doe is and shall be the daily prayer of him that hath been and will be againe your true friend if you will repent of your remissenesse and slacknesse and manifest your selfe to be more firme active and valourous for the good of your Country Iohn Lilburn From my uniust Captivitie in the Tower of London for the visably almost destroyed Lawes and Liberties of England which condition I more highly prize though in misery enough outwardly then the visiblest condition of any member whatsoever that sits in either or both houses being all and every of them apparently palpably and transendently forsworne having all of them taken Oaths upon Oathes to mainetaine the lawes liberties and freedome of the land and yet in their dayly practice overthrow and destroy them of which sin and wickednesse they are all of them guilty in regard you all sit there in silence and doe not publiquely and avowedly to the whole Kingdome according to your duty manfully protest against and declare your dislike of their crooked uniust and Englands destroying wayes this 31. of May 1647. John Lilburne FINIS