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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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people for no other end in the world but to provide for their weale and happinesse and to redresse their mischiefs and grievances unfortified at all by the established knowne and declared Law of the Kingdome degenerate from your trust destroy their Liberties and trades overthrow their Lawes and the Bounds that establish meum tuum and tyrannize over their persons ten times worse then ever the King did or his wicked and evill Ministers of Justice the Judges and Patentee Monopolizers especially all of whom you cannot deny but he at the beginning of your Session surrendred up to you to be punished by you according to Law Justice which in them you extreamely perverted and tooke bribes for the acquitting the capitallest of them and otherwise made use of them to do more mischiefe since to the Common-wealth then ever they had done before by assuring any thing for Law that you would propound to them by meanes of which you with your wicked and unbounded Priviledges have dared to exercise the absolutest and grandest tyranny over the lives liberties trades properties and estates of the Freemen of England that ever was I dare positively aver it since it was a Nation governed by an established and declared Law to your eternall and everlasting shame I speake it so that truly if the Freemen of England seriously look upon all your late publike and to us visible actions and compare them with their former enjoyments they may justly take up Miach's lamentation and say with him to you The good man is perished out of the earth and there is none upright amongst you men they or you all lie in waite for blood they or you hunt every man his brother with a net that they or you may do evill with both hands earnestly the Prince asketh and the Judge asketh for a reward and the great man he uttereth his mischievous desire so they wrap it up therefore woe unto the Parliament for the best of them is as a briar the most upright is sharper then a thorne hedge the day of thy watchmen and thy visitation cometh now with a vengeance shall bee their perplexity therefore O all ye understanding Commons of England in reference to your Parliament Trustees trust ye not in a friend put ye no confidence in a guide for your enemies are the men of your owne House Micah 7.2,3,4,5,6 Therefore M. Martin I professe it before you and all the world that were I rationally able I would make no scruple of conscience to help forward with my sword in my hand the distruction of every lawlesse tyrannicall treacherous man amongst you that I should groundedly know to be a ring-leader in the fore-said transcendent vilenesse then I should to help to destroy so many rats or devouring vermin and by your owne fore-mentioned Principles Declarations Protestations Oathes Actions and doings it will undeniably be justified to be lawfull for all the Commons of Englands to do the same towards you But now Sir let us come to some particulars in the first place the 29. Chap and the most excellent Petition of right which I call the English-mans legall treasure doth clearly condemne all the pract●ses amongst you for they expressely say that no Freeman shall be taken and imprisoned or be disseized of his freehold or liberties or free-customes or be out-lawed or exiled or any otherwise destroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers that is to say equalls or men of his owne condition or by the Law of the Land We will sell to no man we will not deny or defer to any man either iustice or right and that no man be imprisoned without cause shewed or expressed in his Warrant of Commitment nor no man refused Habeas Corpus's for any cause whatever nor no man taken by Petition nor suggestion made to our Lord the King nor his Counsell unlesse it be by Indictment or Presentment of his good and lawfull People of the same neighbourhood where such deeds be done 25. E. 3.4 in due manner or by Processe made by Writ Originall at the common Law nor that none be put out of his Franchises nor of hi● Free-holds unlesse he be duly brought in to answer and fore-judged of the same by th● course of the Law and that no man hereafter be compelled to make or yeeld any guift bond benevolence taxe or such like charge without common consent by Act of Parliament Now compare your daily and hourly actions to those good just and unrepealed Laws and blush for shame But to wipe all this off you will it may be say the same that is said in your Declaration of the 17 of Aprill 1645 Booke Decl. 2 part pag. 879. That the end of the Primitive institution of all government is the safty and weale of the people which is above all Lawes and therefore the Kingdome being imbroyled in warre necessitated nacessitie compells you to doe many actions contrary to the knowne Lawes of the Land without the doing of which actions wanting the puntillo of the Kings consent you could not save your selves nor the kingdome will admit all this for a truth I pray then why doe you impose such illegall devilsh impossible to be kept contradicting Oaths and Covenants upon all the Freemen of England upon such sever penalties that all men must be disfranchised or destroyed that will not take them and in them without any provisoes eautions limitations or declared exceptions and reservation tye them to maintaine the Law of the Land and the lawful● rightes and liberties of the Subjects of England is not this to force men to sweare to contradict and oppose to the death all your actions and to destory you for doing those actions because they are contrary to the Law and Liberties of England O yee forsworne men for so I may call you all that have taken these illegall damnable hellish and soule insnaring Oaths because ye do your selves and suffer to be done daily such things as tends to the absolute distruction of the Lawes and the lawfull Liberties of the freemen of England which by all these Oaths you have sworne to maintaine and defend with all your might and yet there is not one just nor righteous man amongst you that dare avowedly and publiquely to the whole Kingdom protest against all the rest but by parsilent patient and constant seting there owne approve of all their actions O ye unworthy forsworne men in the highest degree for this may too justly be the stile and title of all and every one of you without exceptions in the condition of the visablest best of whom for Millions of Gold I would not be for if perjuries swearings and false swearings be so odious abominable and detestable unto God as in Scripture he declares they are read Exod 20.7 Lev. 19.11.12 Num. 30.2 Deut. 23.21.22.23 Psal 15.4 Eccl. 5.4.5 Ezek. 17.13.14.15.16.17.18.19 Jer. 24.10 Zek. 5.3.4.9.8.16.17 Then woe wee and vengance upon earth is your vadoubted
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
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
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
and publish them in the English Tongue and that all processes and proceedings therein may be true and also in English and in the most usuall Character of writing without any abreviations that each one who can read may the better understand their owne affaires and that the duty of all Judges Officers and practicers in the Law and of all Magistrates and Officers in the Common-wealth may be prescribed and their fees limited understrict penalties and published in print to the view and knowledge of all men by which just and equitable meanes this Nation shall be for ever freed of an oppression more burthensome and troublesome then all the oppressions hitherto by this Parliament removed 8. That the life of no person may be taken away under the testimony of two witnesses at least of honest conversation and that in an equitable way ye will proportion punishments to offences that so no mans life may be taken his body punished nor his estate forfeited but upon such weighty and considerable causes as justly deserve such punishments and that all prisoners may have a speedy tryall that they be neither starved nor their families ruined by long and lingring imprisonment and that imprisonment may be used onely safe custody untill time of triall and not as a punishment for offences 9. That tythes and all other enforced maintenance may be for ever abolished and nothing in place thereof imposed but that all Ministers may be paid onely by those who voluntarily contribute to them or chuse them and contract with them for their labours 10. That ye will take some speedy and effectuall course to relieve all such prisoners for debt as are altogether unable to pay that they may not perish in prison through the hard-heartednesse of their Creditors and that all such as have any estates may bee inforced to make paiment accordingly and not to shelter themselves in prison to defraud their Creditors 11. That none may be Prison-keepers but such as are of approved honestie and that they may be prohibited under great penalties to receive or detaine any person or persons without lawfull warrant That their usage of prisoners may be with gentlenesse and civility their fees moderate and certain and that they may give security for the good behaviour of their under-Officers 12. That ye will provide some powerfull meanes to keep men women and children from begging and wickednesse that this Nation may be no longer a shame to Christianity therein 13. That ye will restraine and discountenance the malice and impudency of impious persons in their reviling and reproaching the well-affected with the ignominious titles of Round-heads factious seditious and the like whereby your reall friends have been a long time and still are exceedingly wronged discouraged and made obnoxious to rude and prophane people and that ye wil not exclude any of approved fidelity from bearing office of trust in the Common-wealth for non-conformity but rather Neuters and such as manifest disaffection or opposition to common freedome the admission and continuation of such being the chief cause of all these our grievances These remedies or what other shall seem more effectuall to your grave wisdomes we humbly pray may be speedily applied and that in doing thereof ye will be confident of the assistance of your Petitioners and of all considerate well-minded people to the uttermost of their best abilities against all opposition whatsoever looking upon our selves as more concerned now at last to make a good end then at the first to have made a good beginning For what shall it profit us or what remedy can we expect if now after so great troubles and miseries this Nation should be left by this Parliament in so great a thraldome both of body mind and estate We beseech you therefore that with all your might whilest he have time freedome and power so effectually to fulfill the true end of Parliaments in delivering this Nation from these and all other grievances but none may presume or da●… to introduce the like for ever And we trust the God of your good successe will manifest the integrity of our intentions herein and that our humble desires are such as tend not onely to our owne particular but to the generall good of the Common-wealth and proper for this Honourable House to grant without which this Nation cannot be safe or happy And that he will blesse you with true Christian fortitude suitable to the trust and greatnesse of the worke yee have undertaken and make the memory of this Parliament blessed to all succeeding Generations Shall ever be the fervent desire o your humble Petitioners And the Prerogative-men of London which are ready to be Associates with you in inslaving the people petition against it and had thanks returned to them for it and M. Lamb sent up for to a Committee as a Delinquent and divers hundreds of his Fellow-petitioners came up with him with a Certificate to avow the Petition which was as followeth To the honourable the Committee of Parliament sitting in the Queens Court at Westminster Colonell Lee being Chaire-man The humble Certificate of divers persons here present interested in and avouching the Petition lately referred to this Committee by the right honourable the House of Commons Humbly certifying THat the Petition entituled The humble Petition of many thousands earnestly desiring the glory of God the freedome of the Common-wealth and the peace of all men and directed to the right honourable and supreme Authority of this Nation the Commons in Parliament assembled Is no scandalous or seditious Paper as hath been unjustly suggested but a reall Petition subscribed and to be subscribed by none but constant cordiall friends to Parliament and Common-wealth and to be presented to that honourable House with all possible speed as an especiall meanes to procure the universall good of this long inthralled and distracted Nation And we trust this honourable Committee will in no measure dishearten the People from presenting their humble considerations reasons and petitions to those whom they have chosen there being no other due and begall way wherein those that are aggrieved can find redresse * * Declarat 2. Novemb 1642. 1. part book Decl. p. 720 but rather that you will be pleased to give all incouragement therein In assured hope whereof we shall pray c. But the Citizens with their Certificate could not be permitted to deliver it but were with violence thrust out of the Committee-Chamber and a Guard called for to set them packing with a vengeance and being below in the Court of Requests some of them desired M. Nicolas Tew audibly to read the Certificate to the whole company that so all of them might fully understand it for which action he was by the said Committee without any authority at all then from the House committed prisoner to the Serjeant at Armes where to this day hee remaines a most unjust and illegall action and tending to the utter destruction of the greatly impoverished man by his
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