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A90251 Vox plebis, or, The peoples out-cry against oppression, injustice, and tyranny. Wherein the liberty of the subject is asserted, Magna Charta briefly but pithily expounded. Lieutenant Colonell Lilburne's sentence published and refuted. Committees arraigned, goalers condemned, and remedies provided. Overton, Richard, fl. 1646. 1646 (1646) Wing O636A; Thomason E362_20; ESTC R201218 54,600 73

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as Guardians of our Birth-rights and most powerfull Tribunes of the peoples liberties and who have made so many pious and feeling Declarations of their mindes now in print concerning our by-past thraldome with most solemn Protestations and execrations upon themselves of their serious intentions to maintain the lawes and liberties of the free-born Subjects of England and that SALVS POPVLI shall be to them their SVPREMA LEX Yet out of our dayly feeling of our ensuing miseries a cleere fore-sight of a future and speedy ruine of this present State which above all thingsunder heaven we desire to advance if it be not by the wisdome of these our most honoured Patriots prevented doe most humbly addresse our informations of the grievances present evils and advices for reformation of the same to our most renowned Trustees not doubting but they in their profound wisdome will both receive them benignely prudently ponder them and seriously and timely endeavour to prevent the growing mischief by their indulgent and serious care and circumspection To you then Oh! you most honourable Tribunes of the People preservators of the Common-wealth and chief Guardians of our Laws Liberties we apply our selves as next under God the surest Instruments of our earthly felicity And we do most humbly implore beseech you to free us from all lordly illegall sentences and tyrannicall powers and executions whatsoever wee intreat and exhort you to hear and determine Lieut. Col. John Lilburns appeale to you the Commons representative of England from the Lords house we will not presume to direct you wha● is fit to be determined in it for we neither can nor will dist●ust either your Judgment or Justice but this we humbly bes●ech you to consider that in your judgment upon him shall be involved the liberty of the whole Commons of England and think it not a Trouble to your selves to be importunedin this particular but give speedy dispatch therein to your Petitioners since that a Republique that is well ordered ought to give easie accesse to those that seek Justice by publique meanes In the next place our desires are that since this great inrode upon our liberty is occasioned by an Impeachment or Accusation made in your house against Col. King which yet there depends undetermined that you would hear and determine that Impeachment and bring the Offendor to condigne punishment and not only Col. King but all others whom you haue trusted in this late War and have fayled in their trust What though the war seeme to be at an end and you have effected your desires and these men have at some time stood you instead and at first proved faithfull and were strongly assistant to you yet if afterwards they proved corrupt or negligent or falsified there trust should they therefore be pardoned put the case a new war should break out and you should have need of men think you that those you shall hereafter employ will not take courage by the impunity of these that are now accused to deceive and betray you when they finde opportunity Or do you imagine that these men can ever be faithfull to you We give you these Reasons that they cannot First because they are at least under a suspition and if they are innocent why have they been so long kept from clearing themselves If they be acquitted and innocent persons it is an injury they will never forgive you and if they be found guilty you will never trust them But some will say that they have been good members and done good service therefore they ought to be pardoned To which we answer Let them be first tryed and if they are found guilty use your discretions in mercy toward them but withall remember that the wisest and best governed States in the world never yet pardoned any man for a notorious crime committed against the Common-wealth for any good services before done to it This is manifest by many examples especially in the Romane State The first we will present you with is that of Horatius where the case is thus Tullus the Roman King and Metius the Alban King made an agreement between them that three of the Horatii Romans and three of the Curatii Albans should fight for the Dominion of their Countries and that that people whose three Champions vanquished the others should bee Lords of the vanquished Nation The three Horatii got the victory and but one of them survived in it all the Curatii were slaine Horatius that survived and was Victor returning to Rome met his sister the Widow of one of the Curatii lamenting the death of her husband killed her This fact was adjudged so heynous that notwithstanding the victory he obtained for the Romans they brought him to judgement Manlius Capitolinus notwithstanding that hee had valiantly defended the Capitoll of Rome against the invading Gaules and by his vertue delivered the Citie of Rome from imminent danger was notwithstanding his good deserts for a sedition he endeavoured to raise in Rome through envie to Furius Camillus thrown headlong down from that Capitoll which he to his great renown had formerly defended So we in Machiavel his discourses upon Liv. l. 1. cap. 23. 24. 26. More examples we might find in the Roman State as those of Coriolanus Martius Livius Aemilius and Scipio Africanus of whose Stories you may read at large in Livies Decades We read likewise of Themistocles the Athenian Generall and who was a chiefe meants to augment the glory of that State by the great defeat he gave to the Persians at Salamis and elswhere having committed offences against that Government had the punishment of Ostracisme which was banishment for ten yeares inflicted upon him Alcibiades likewise after many notable victories obtained for that State was notwithstanding for insolencies as they conceived committed towards it twice banished the last time into perpetuall banishment These two examples we find in the State of Athens We might produce many more of ancient time of all the States of Greece which for Brevity sake we omit Only mentioning some of latter times in our own neighbourhoods As that of Charles the Emperour who for offence given ruined Ferdinandus Cortes that subdued to his obedience and use the mighty rich kingdomes of Mexico Jucatan and other parts of the West Indies Neither did Marshal Byron for all his service done to King Hen. 4. of France find at his death any merits in those services done to his offended Prince Nor Barnevelt in his conspiracy against the Prince of Orange and State of Holland though he had been eminent for former services done them against the Kingof Spain Nor in our own Kingdom could Sir John Hotham and his sons former deserts save their lives which they lost for being false to the trust By which examples we conclude That never any Republick well ordered cancelled the faults of their subject swith their good deserts Therefore as Clemens Edmunds observes upon Caesars Commentaries p. 174. It more importeth a
able to relieve them wishing them to provide for their own safety as we read Livy Decad. 1. l. 3. Therefore it never turnes to a States advantage to gaine the peoples hatred the way to avoid it is to lay no hands on the Subjects estates How many flourishing States have been ruined by the Avarice Pride Cruelty and non-observance of the lawes by the Governours The people of Athens being sore urged with a War by Darius from Persia in their great distresse chose Critias Theramenes 28. others to be their Governours They were elected first to compile a body of their Law and put in practise such antient Statutes as were fit to be put in practise to this charge was annexed the supream Authority either as a recompence of their labours or because the necessity of time required it These Governours in stead of making or observing the laws fell to spoyle the people of their lives and goods by new lawes and arbitrary proceedings this was hatefull to the people the end was Thrasibulus and 70. others conspired against them and cut them off and restored the people to their former libertie The Governour of the Eleans held a strict hand over their Subjects and oppressed them The Subjects being in despaire called in the Spartans to their reliefe who had no just cause of quarrell but only an old grudge and by their help freed all their Cities from the sharp bondage of their naturall Lords The Estate of Sparta was grown powerfull and opprest the Thebans The Thebans though but a weak State yet desperate of their suffering by the help of the Athenians found means to free themselves of their cruell yoke These examples and divers others we finde of the fall of the free Estates of Greece recorded by Sir Walter Rawleigh in his 3. book of the History of the world The forceable causes of the ruine of the State of Carthage in Africa which once contended with Rome for the Dominion and Soveraignty of the World were Avarice and Cruelty Their Avarice saith Regius was shewed both in exacting from their Subjects besides ordinary Tributes the one half of the profits of the earth and in conferring of Offices not upon Gentlemen and mercifull persons but upon those who could best tyrannize over the people to augment their treasures Their cruelty appeared in putting men to death without mercy or justice contrary to their Lawes Wee read in Guicciardine that Pisa revolted from and maintained 10. years sharp Wars against the State of Florence and would not submit to her yoke by reason of the hard impositions laid upon her by the Florentines but chose rather to put her self under protection of Lewis the 12. of France a forraign and an hard master We know that an imposition of the tenth penny upon the Inhabitants of Holland and the execution of arbitrary government by the Duke of Alva lost the Dominion of the Netherlands to Philip the second King of Spain Wee could tell of the often revolts of Genoa from the Kings of France of Siena Lacquis Modena Regia Vincensa Padua Crimona Millain and other Towns and Provinces of Italy from the States whereon they have depended even from Venice that only free State well governed in the world by reason of the avarice cruelty pride and injustice of their Governours We could tell you how the Duke Valentinois or Caesar Borgia lost his new Conquests in Italy by his pride and cruelty over the vanquisht people We could remember how Alphonso and Ferdinand Kings of Naples lost their dominions and lives by their extream tyranny over the Nobility Gentry and Subjects of their Realm We could tell you how the Syracusians Leontines and Messenians and other States of Sicillie were stripped of their Dominions and fell into the hands of their neighbours the Romanes by their great cruelty to their own Subjects Wee could find particular instances and examples in all Empires Kingdomes and free States that have been since the Creation of the World that the Princes and Governours for their tyrannie and not due observing the Lawes of their Countries have been banished expelled and put to death by their Subjects Ye know well enough that Rehoboam lost 10. Tribes for an harsh answer to a petioning people 1 King 12. 9. We could give you some Scriptual-examples of free-States but that we find none mentioned there but conclude that there was never any State more glorious more free more carefull of preserving it self then that of Rome and yet she fell too and never recovered her former libertie The Romanes out of a fore-sight that her ruine would come upon her by the oppression and avarice of her Governours made a Law de repetundis or of recovery against extorting Magistrates yet it served not to restrain their Provinciall Governours though it relieved the Citizens at home which was one of the two causes of Romes ruine for as Machiavel in his Discourses upon Livy l. 3. c. 34. observes that these two things were the causes of that Republiques dissolution the one was Contentions which grew upon the Agearian Law or partition of conquered Land among the Citizens the other was the prolonging of Governments viz. Dictatorships Consulships Generalships Tribuneships of the people and such like great Offices for by these meanes those great Officers had meanes and power to raise armes against the liberty of the people Sylla and Marius by this meanes could find Souldiers to take their part against the Publique and Iulius Caesar could find meanes hereby to make himself Lord of his native Country and Country-men These things we alleadge not as if we suspected any of you O ye noble Patriots to be guilty of any of these crimes that may either hazard the continuing of the present Government or destroy the publike liberty but to awake you and put you in mind to provide fit remedies against these growing evills whereby you may procure safety and peace to the Common-wealth and everlasting honour to your own Names and Posterities for they are to be thought worthy of honour not which begin but well end honourable Actions And we beseech you not to take it in ill part from us 〈◊〉 we offer our humble advices to you in these particulars ●●nce we the people conceive it our duty to shew unto our Governours that good which by reason of the malignity of the times and of fortune we have not been able to do our selves to the end that you our Senators being given to understand thereof some of you whom God shall more favour may put it in practise for the publike good Neither is our opinion to be despised For it is a sure Maxime that the people are of as clear judgment in all things that conceive the Publique as any and is wise and circumspect concerning their liberties and are as capable of the truth they heare We know that Common-wealths have never been much amplified neither in dominion nor riches unlesse only during their Liberties for it is no mans particular