Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	earl_n	john_n	2,658	5	5.5650	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88229	The out-cryes of oppressed commons. Directed to all the rationall and understanding men in the kingdome of England, and dominion of Wales, (that have not resolved with themselves to be vassells and slaves, unto the lusts and wills of tyrants.) Fron Lieut. Col. John Lilburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous gaole of Newgate. Febr. 1647.	Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646.	1647 (1647)	Wing L2150; Thomason E378_13; ESTC R201382	26,058	20

downe many strong and solid arguments to prove that the House of Lords have not justly neither judicative noe legislative power at all in them and in his 94. 95 96 97 98. pages he declares from very sound and good authority that before William the Conquerour and invader subdued the rights and priviledges of Parliaments that the King and the Commons held and kept Parliaments without Temporall Lords Bishops or Abbots the two last of which viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had yea and out of the 20. 21. pages of that notable and very usefull to be knowne book called the manner of holding Parliaments in England before and since the conquest c. declares plainly that in times by past there was neither Bishops Earle nor Baron and yet even then the Kings of England kept Parliaments with their Commons only and though since by innovation Bishops Earles and Barons have been by the Kings prerogative Charters which of what legall or binding authority they are you may fully read in the Lords and Commons Declaration this present Parliament summoned to sit in Parliament yet not withstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without B●shops Earles and Barons and saith Mr. Will. Prynn in the 1 part of his Soveraign Power of Parliaments pag. 43. which booke is commanded to be printed by speciall authority of the present House of Commons out of Mr. Iohn Vowells manner of holding Parliaments which is recorded in Holingh Cron of Ireland fol. 127. 128. that in times by past the King and the Commons did make a full Parliament which authority was never hitherto abridged Yea this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem 1641. betwixt the Lord Fairfax c. and Mr. Bellasis c. book decl 1. part pag. 628. doe declare first that none of the parties to that agreement had any authority by any act of theirs to bind that Country to any such Nutrality as is mentioned in that agreement it being a peculiar and proper power and priveledge of Parliament where the whole body of the Kingdome is represented to bind all or any part And we say the body of the Kingdome is represented only in the House of Commons the Lords not being in the least chosen or represent any body at all yea and the House of Commons calls their single order for the receiving of Pole-money May 6. 1642. 1. part decl pag. 178. An order of the House of Parliament yea and by severall single orders have acted in the greatest affaires of the Common-wealth And yet notwithstanding all this the Lords like a company of for-sworne men for they have often solemnly sworne to maintaine the Law have by force and violence indeavoured to their power and contrary to law to assume to themselves a judicative power over us who are Commons of England in criminal cases and for refusing to stoop therunto have barbarously for many moneths tirannized over us with imprisonments c. And we according to that duty we owe to our native country and to our selves and ours for the preservation of our selves and the good and just declared lawes and libertise of England and from keeping our selves and our posterities from vassalage and bondage did thereupon according to law and justice appeale to the honourable House of Commons as you may truly and largely read in divers and sundry bookes published by us and our friends as the supreame and legall power and judicature in England whom we did thinke and judge had been chosen of purpose by the free men of England to maintaine the fundamentall good lawes and liberties thereof but to their everlasting shame and the amazement of all that chose and betrusted them We are forced to speake it we have not yet found any reall intentions in them to performe unto us the trust in that particular reposed in them by the whole Kingdome neither have we any grounded cause to say in truth any otherwise of them but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealths Money amongst themselves then in in actuall doing to us in whom all and every the Commons of England are concerned for what by the wills of the Lords is done to us to day may by done to any Commoner of England to morrow either justice or right according to their duty and their often sworne oathes though we have not ceased continuall to the utmost of our power legally and iustly to crave it at their hands as you may fully read in our forementioned printed bookes Sure we are they tell us in their printed Declarations that they are chosen and betrusted by the people 1. part decl pag 171 172. 263 264 266. 336 340 361 459. 462. 508. 588 613 628. 690. 703 705 711. 714. 716. 724 725. 729. And that to provide for their weale but not for their woe booke decl 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 700. expresly tell us that all interests of publique trust is only for the publique good and not for private advantages nor to the prejudice of any mans particular interest much lesse of the publique and in the same page they further say that all interests of trust is limitted to such ends or uses and may not be imployed to any other especially they that have any interests only to the use of others as they confesse all Interests of trust are cannot imploy them to there owne or any other use then that for which they are intrusted yea and page 266. see 1. part book decl pag 687 they tell the King that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof and as this trust is for the use of the Kingdome so ought it to be managed by the advice of the Houses of Parliament whom the Kingdome hath intrusted for that purpose it being their duty to see it be discharged according to the cond●tion and true intent thereof and as much as in them lyes by all possible meanes to prevent the contrary And therefore negatively in the second place we are sure that the House of Commons by their owne Declarations were never intentionally chosen and sent to Westminster to devide amongst themselves the great offices and places of the Kingdome and under pretence of them to make themselves rich and mighty men with sucking and deviding among themselves the vitall and heart blood of the Common wealth viz. its treasure now lying not in a swound but even a gasping for life and being but let us see whether this and other of their late doings be according to their former protestations imprecations and just Declarations which if they be not

The out-cryes of oppressed Commons Directed to all the Rationall and understanding men in the Kingdome of England and Dominion of Wales that have not resolved with themselves to be Vassells and Slaves unto the lusts and wills of Tyrants From Lieut. Col. John Lilburne prerogative prisoner in the Tower of London and Richard Overton prerogative prisoner in the infamous Gaole of Newgate Febr. 1647. Ier. 7.8 9.10 Behold yee trust in lying words that cannot profit Will yee steale murther and commit adultery and sweare falsly and burne incense unto Baal and walke after other Gods whom yee know not and come and stand before me in this house which is called by my name and say we are delivered to doe all these abominations Verse 6. Therefore pray not for this people neither lift up cry nor prayer for them neither make intercession to me for I will not heare thee Mat. 13.14 Woe unto you Scribes and Pharisees Hypocrites for yee devoure widowes houses and for a pretence make long prayers therefore you shall receive the greater damnation GEntle men Anti-Magistrates we are not but owne Magistracy as Gods Ordinance appointed for the good and well being of man-kind Rom. 13.1.2.3.4.5.6 Unto whose power and Authority in all lawfull things we both have and are willing to stoop unto but no further neither doe we crave or desire any favour priviledge or benefit but what is given unto us by the good established and just Lawes of England which the Parliament solemnly have often sworne to maintain of which for our particulars we have for many moneths been robd of by the tyranny and usurpation of the Lords commonly called the House of Peeres now sitting at Westminster who have usurpedly and contrary to the just and knowne Law of the Land assumed unto themselves by the law of their owne wills a power in criminall causes to judge and commit us who are Commoners which by law they have no authority not in the least to doe as appeares in the twenty ninth Chapter of Magna Charta which expresly saith No freeman shall be taken or imprisoned or be disseised of his free-hold or liberties or free customes or be out-lawed or exiled or any otherwise distroyed nor we will not passe upon him nor condemne him but by lawfull judgement of his Peers or by the law of the Land We will sell to no man we will not deny nor deferre to any man either justice or right And the 3. E. 1. 6. likewise expresly saith and that no City Borough norrowne nor any man be amerced without reasonable cause and according to the quantity of his trespasse that is to say every free man saving his free hold 9 H. 3. 1● A Merchant saving his Merchandize a Villain saving his waynage and that by his or their Peers Which 29 Chap. of Magna Charta is expresse by name confirmed in the Petition of Right made in the third yeare of the present King Charles which absolutely abolisheth all Lawes made in derogation of the said just Law which Petition of Right and every clawse therein contained is expresly confirmed by this present Parliament as appeares by the statute that abolished the Star Chamber and the statute that abolished Ship money And that learned man of the Law Sir Edward Cooke in his exposition of Magna Charta which booke is published to the publique view of the Kingdome as Law by two speciall orders of the present House of Commons as in the last pag. thereof you may read who in his exposition of the 14. chap. of Magna Charta 2. part institutes fol. 28. saith that by Peers is meant Equalls and in fol. 29. he saith the generall division of persons by the Law of England is either one that is Noble and in respect of his Nobility of the Lords House of Parliament or one of the Commons of the Realm and in respect thereof of the House of Commons in Parliament and as there be divers degrees of Nobility as Dukes Marquesses Earles Viscounts and Barons and yet all of them are comprehended within the word PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens yea men and Burgesses of severall degrees and yet all of them of the Commons of the Realm and as every of the Nobles is one a Peer to another though he be of a severall degree so is it of the Commons and as it hath been said of men so doth it hold of Noble Women either by birth or by marriage but see hereof chap. 29. And in his exposition of chap. 29. pag. 46. Ibim he saith no man shall be disseised that is put out of seison or dispossessed of his free-hold that is lands or lively-hood or of his liberties or free customes that is of such franchises and freedomes and free-customes as belong to him by his free birth-right unlesse it be by the lawfull judgement that is verdict of his EQUALS that is men of his owne condition or by the Law of the Land that is to speake once for all by the due course and processe of Law No man shall be in any sort distroyed to destroy id est what was first built and made wholly to overthrow and pull downe unlesse it be by the verdict of his Equalls or according to the law of the Land And so saith hee is the sentence neither will we passe up him to be understood but by the judgement of his Peers that is Equalls or according to the Law of the Land see him fol. 48. upon this sentence pro judinum parum suorum and pag. 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peeres and cites Rot. Parl. 4. E. 3 Num. 6. But the Roule is 4 E. 3. Num. 2 in the case of Sir Simon de Bereford in which the Lords doe ingeniously confesse that it is contrary to Law for them to passe judgement upon a Commoner being they are not their Peers that is Equalls which record at large you may read in The oppressed mans oppressions declared Edition the second page 18 19. And also in part in Vox Plebis pag. 40. 41. So that by what hath been said it cleerly evidently and undeniably appeares by the Law of the Land and the Lords owne confession that they are not the Peers or Iudges of Commoners in any criminall cases whatsoever And we offer at our utmost peril before any legall power in England to maintaine it by the knowne and declared Law of the Land which the Lords themselves have solemnly covinanted and sworne to maintaine that the Lords by the Law of England have not in the least any Iurisdiction at all over any of the Commons of England in any criminall cases whatsoever But if the studious and industrious Reader please to read that notable and late printed booke called Regall tyranny discovered he shall find that the Author of that booke in his 43. 44 45 46 47 and 86. pages layes

unreverend Dissembly of Divines that rob Iesus Christ of his honour and glory by jusling him out of his regalliry and Kingship given unto him by his Father and yet take oathes themselves and force other men to doe so too to maintaine the Lawe and liberties of the Kingdome and to set up and Ecclesiasticall Church government according to the word of God and yet set up nothing but a spirituall and temporall tyranny and with a high hand indeavour the destruction of every man that indeavours to keep them close to their violated oaths and Covenants therefore whatsoever the author of the forementioned discourse avers of a King when he seekes to governe according to his lawes the same doe we aver of a Parliament and Parliament-men that when they cease to execute the end of their trust which is as themselves say to provide for the peoples weales but not for their woes and doe meerly indeavour to make themselves tyrants over the people to governe them not by the established lawes but by their lusts and wills they doe thereby make the people their vassels and slaves as much as in them lyes and thereby disobleidge the people to obey stoop or submit to any of their commands but in the eye of God and all rationall men may as justly resist and withstand them and by force of Armes defend themselves against them as a company of forsworne men that have forfeited their Majesteriall trusts and are degenerated into the habits of tyrants as they withstood and by force of armes defended themselves against the King for the further proofe of which in the second place read their owne words 1. par b. dec pag. 150. which thus followes For it cannot be supposed that the Parliament would ever by Law intrust the King with the Militia against themselves or the Common wealth that intrusts them to provide for their weale not for their woe So that when there is certain appearance or grounded suspition that the letter of the law shall be improved against the equity of it that is the publique good whether of the body reall or representative then the commander going against its equity gives liberty to the commanded to refuse obedience to the letter for the Law taken a stract from its originall reason and end is made a shell without a kernell a shadow without a substance and a body without a soule It is the execution of Lawes according to their equity and reason which as I may say is the spirit that gives life to authority the letter kills Nor ne●d this equity be expressed in the law being so naturally implyed and supposed in all Lawes that are not meerly imperiall from that Anologie which all bodies politick hold with the naturall whence all government and governours borrow a proportionable respect and therefore when the Militia of an Army is committed to the Generall it is not with an expresse condition that he shall not turne the mouthes of his Cannons against his own Soldiers for that is so naturally and necessarily implyed that it is needlesse to be expressed in so much as if he did attempt or command such a thing against the nature of his trust and place it did ipso facto estate the Army in a right of disobedience except we thinke that obedience binds men to cut their owne throat or at least their companions We shall at present leave the application to them whom it most concernes and wait as patiently as we can to see the operation of it which if it be not according to our expectation we shall be necessicated to put some stronger pills into the next and so at present conclude and rest From our Prerogative Captivity for the Lawes and the publique liberties of all the Commons of England against the tyranny and usurpation of the House of Peers in the prisons of the Tower of London and Newgate this last of Februa 1647. Your faithfull and true Country-men though commonly by the Scribes and Pharisees Hypocrites of our present age called Heretiques and Schismatiques and Movers of sedition Iohn Lilburn Richard Overton The Publisher to the Reader Curteous Reader having here some spare roome I judge it convenient to fill it up with a notable petition delivered to the House of Commons the 1. of March 1646. by young men whose zeale and forwardnesse for their Countrys good may be a shame to all the old men in the City the Petition it selfe thus followeth To the High and Honourable the Knights Citizens and Burgesses in the supreame Court of Parliament Assembled The Petition of divers Young men and Apprentices of the City of London humbly Sheweth THat out of the grounded confidence we have of the readinesse of this Honourable House to heare and repaire the grievances of all those for whose well fare you were chosen and betrusted to take care and provide and being incouraged unto the same by severall good Ordinances and Declaration of your own to that purpose * * A Declaration May 19. 1642. Remonst may 26. 1642. We whose names are hereunto annexed although the meanest members of this great Common-wealth yet having by birth a right of subsistance here conceive our selves in our proportion to have as reall an interest in the Kingdomes inioyments as those who in respect of place or other accidents are above us As also many of us having under the direction of your Honourable grave Counsell and Guidance freely adventured our lives for the preservation of our Native Rights and the just Priviledges of our deare Country against the publique violaters of the same upon these and other serious grounds we are bold at this time to make our humble addresses to this Honourable and supream Court of Iudicature the only refuge under God we have to fly to And in the first place we cannot but with all thankefullnesse take notice of the unwearied paines together with many great and almost intolerable difficulties by you undergone in the faithfull discharge of your trust in bringing about the establishment of a well grounded peace The perfection of which in relation to the common enemie seems now by the blessing of God to bee brought neare to a wished period Yet the consummation of this work being as it were the Crowne of all our labours we humble conceive it may deservedly challenge from you a more then ordinary respect which we doubt not but that your grave wisedoms are very sencible of yet noble Senators let it seem no presumption if we your poor Petitioners in al humility make known the grounds of some feares and jealousies to us apparent in this particular And those are amongst other great grievances chiefly derived from the present sense we have of the too much prevalency of that party who have dealt in the late wars declared themselves disaffected to the peace and well-fare of the Kingdom who now seem to be in hopes of obtaining that by policie which they have not been able to doe by force Cunningly contriving