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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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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
wish my Judges were not worse then the unrighteous Judge But Sir seeing it is to no purpose I can no longer now forbeare but must write you my mind to the purpose cost it what it will being now at present as carelesse of you as you are and have been of me and my long but I will not say unsupportable sufferings though I might truly say it if it were not that I had a full faithfull and soule-satisfying God to rest and rely upon and the distresses and hardly to be undergone portion of my wife and little infants But Sir I beseech you give me leave before I lansh into the deep a little mildly to expostulate with you in a friendly way before we fall out and to demand this question of you what I have said or done to you to give you any tolerable cause to deale thus with me as you have done as by your delay of your duty to destroy me and given me too just cause in reference to you to say with David Psal 55.12,13,14 For it was not an enemy that reproached me then I could have borne it neither was it he that hated me that did magnifie himself against me then I would have hid my self from him but it was thou ah man mine equall my guide and mine acqaintance we took sweet counsell together And truly Sir the evill doings of a friend are the most piercing and wounding and the least to be indured and the most odious to God and detestable amongst all rationall and gallant men Jer. 9.4 to the 9. Ch. 12.6 and Ch. 20.10,11,12 But Sir if you have nothing to lay to my charge in reference to your self I desire to know if you have any thing to accuse me of in reference to the publike have I deerted my interest or betraid the Liberties of my fellow Commons of England or have I been sluggish slothfull or cowardly in mannaging the businesse I have in hand or have I been impatient in my sufferings by my madness and folly destroyed my business or given grounded advantage to my adversaries If all or anie of these can be justly laid to my charge I desire not to be spared But Sir if you can say nothing against me by way of miscarriage to you in particular or the publike in generall then I pray you give me leave to demand of you this question What have you to say for your selfe that you have thus delayed to make my report and thereby over and over againe and againe have hazzarded my destruction and utter ruine contrary to law honesty justice reason and conscience If you should say it is not seasonable and that the temper of your House is such that to make it it would do me nor the Kingdome no good but rather a mischief in hazzarding the confirmation of the Lords tyranny towards me by a vote of your House whose spirits are extreamly exasperated against me above all men in England To answer which what do you else then hereby give me too just cause to say of your House in which so many that professe honesty sit though it bee but little demonstrative by their actions that you are a corrupted and degenerated generation of men that are fallen from doing of Justice to the executing of Tyranny and from maintaining defending and protecting according to your duty and the end of your sitting where you do the Lawes and Liberties of the Commons of England to the betraying subverting and destroying them and so have all of you forfeited your trust and your Parliamentary power which as you your selves say 1. par Book Decl. p. 150. was given you to provide for the Peoples weales but not for their woes and have thereby absolutely absolved and discharged the people from all subjection to you and given them cause that sent you to call you home and chuse honester men in your places to call you to a strict accompt for all your tyranny oppression and trechercy and know what you have done with all their money which they may justly by your own arguments against the King do See the second Edition of the Outcries of oppressed Commons p. 4 5 6 7 14 15 16 17 18. And in case of disobedience from you to your trusters and impowers the severall Shires Countreyes and Corporations that choose you what do you else then thereby give them cause to look upon you as you have this foure or five years looked upon the King and deale by you as you have dealt with the King even to wage war against you for betrayers of your trust which they and the whole Kingdome reposed in you who are now degenerated from a just House of Parliament the end of calling of which by the Law is to redresse mischiefs and grievances that daily happen 36. E. 3.10 but not to augment and wholly increase them into a conspiracy and consederacy of lawlesse unlimited and unbounded men that have actually destroyed the Lawes and Liberties of England and that will have no rule to walke by but their owne corrupted and bloody wills and thereby have set up the highest Tyranny that can be set up in the world against which by your owne principles the Kingdome may justly rise up in Armes as one man and destroy all the fore-said conspirators without mercy or compassion as a company of devouring Lions ravening Wolves and crafty Foxes that would destroy the poore flocks of lambs and sheep of this distressed Kingdome the people and Inhabitants thereof for take away Law as the Parliament in a transcendent measure hath done and deny us justice and right as is constantly in a great measure done unto us by the Parliament And what are we now better then the brute beasts of the field the weakest of which are torne in pieces devoured and destroyed by the strongest for remedie● 〈◊〉 which the Parliament against the King took up Armes and when they h●d no Law of the Kingdome to warrant them in so doing they make use of the law of nature and reason and tell the King Book Dec. 1 part pag. 207. That this Law is as old as the Kingdome that the Kingdome must not be without a meanes to preserve it selfe but in which of our Statutes this is writ I never yet could heare see nor read of and am very sure it is no where but in their own Declarations and ingraven in the heart of man as a principle of nature and reason which as they very well and justly say teacheth a man or Kingdome to preserve its selfe 1 part Book Dec. pag. ●4 93 94. 112 123. 202. 465. 466. 726 728. see 2. Edition of the Outcries pag. 12 13. And if this Doctrine be true as you avouch it is then it will much more serve against your selves then the King because the King is so fenced about with the Lawes of the Kingdome that it is impossible for a man or Magistrate to bee more and if you are but a betrusted power impowered protempore by the
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
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
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
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