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A88227 The oppressed mans oppressions declared: or An epistle written by Lieut. Col. Iohn Lilburne, prerogative-prisoner (by the illegall and arbitrary authority of the House of Lords) in the Tower of London, to Col. Francis West, lieutenant thereof in which the oppressing cruelty of all the gaolers of England is declared, and particularly the lieutenants of the Tower. As also, there is thrown unto Tho. Edwards, the author of the 3d. ulcerous gangræna, a bone or two to pick: in which also, divers things are handled, of speciall concernment to the present times. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2149; ESTC R202786 33,231 28

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power of Parliaments and in the Assemblies exhortation to take the solemn League and Covenant and other Presbyterian bookes licenced by publicke authority and others fold without controule there be not more said to justifie and maintaine that which Gangraena calls Utoplan Anarchy then in any bookes whatsoever published by these be calls Sectaries Thirdly whether or no that out of my owne words in my booke called INNOCENCY AND TRVTH IVSTIFIED there can any thing be drawn to iustifie the Lords in that which now I condemne them in as Gangraen a affirmes pag. 159. 148. For the first see what the 29. Chapter of Magne Charta saith No free-man shall be taken or imprisoned or be disseised of his free hold or Liberties or free Customes or be outlawed or exiled or any otherwise destroyed nor wee will not passe upon him nor condemn him but by lawfull judgement of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no Citie Borough nor Town nor any man be amerced without reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his free hold a Merchant saving his Merchandise a villain saving his waynage and that by his or their Peers Now here is the expresse Law of the land against the Lords jurisdiction over Commons in criminall cases Now in the second place let us see what one of the ablest expositors of the Law that ever writ in England saith of this very thing and that is Sir Edward Cooke in his exposition of Magna Charta 2. part institutes which booke is published by two speciall orders of the Present Houser of Commons as in the last page thereof you may read who in his expounding the 1● Chapter of Magna Charta pag. 28 saith Peers sign●…e E●…lls and pag. 29. be saith the generall div●sion of persons by the Law of England is either one that is noble and in respect of his nobility of the Lords House in 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 Barrons and yet all of them are comprehended within this ward PARES so of the Commons of the Realme there be Knights Esquires Gentle-men Citizens Yeomen and Burgesses of sever all degrees and yet all of them of the COMMONS of the Realme and as every of the Nobles is one Peere to another though he be of a sever all degree so is it of the Commons and as it bath been said of men so doth it hold of Noble-women either by birth or by marriage but see hereof Chap. 29. And in Chap. 29. pag 46. Ibim he saith no man shall be disseised that is put out of season or disposed of his freehold that is Lands or livelihood or his liberties or free Customes that is of such franchises and freedomes and free Cusiomes as belong to him by his birth-right unlesse it be by lawfull judgement that is verdict of his equalls that is men of his owne condition or by the law of the Land that is to speak it once for all by the due course and processe of Law No man shall be in any sort destroyed to distroy id est what was first built and made wholly to overthrow and pull down unlesse it be by the verdict of his equalls or according to the law of the Land And so saith he is the sentence neither will wee passe upon him to be understood but by the judgement of his Peers that is equails or according to the Law of the Land see him pag. 48. upon this sentence per judicium Pacium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realm should not give judgement upon any but their Peers cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Reco●r Office in the Tower I had this which followes from under the hand of Mr. William Collet the Record-Keeper Out of the Roll of the Parlament of the fourth yeare of Edward the third The First Roll Records and Remembrances of those things which were done in the Parliament summoned at Westminster on Munday next after the Feast of Saint Katherine in the yeare of the reigne of King Edward the third from the Conquest the fourth delivered into the Chancery by Henry de Edenstone Clerk of the Parliament THese are the Treasons Felonies Wickednesses The judgement of Roger de Mortimer done to our Lord the King and his people by Roger de Mortimer and others of his confederacie First of all whereas it was ordained at the Parliament of our lord the King which was held next after his coronation at Westminster that four Bishops four Earles and six Barons should abide neere the King for to counsel him so alwayes that there may be foure of them viz. one Bishop one Earle and two Barons at the least And that no great businesse be done without their assent and that each of them should answer for his deeds during his time After which Parliament the said Roger Mortimer not having regard to the said assent tooke upon himselfe Royall power and the government of the Realme and encroacht upon the State of the King and ousted and caused to be ousted and placed Officers in the Kings House and else where throughout the Realm at his pleasure of such which were of his minde and placed John Wyàrd and others over the King to espy his actions and sayings so that our Lord the King was in such manner environed of such as that hee could not doe any thing at his pleasure but was as a man which is kept in ward Also whereas the Father of our LORD the KING was at Kenilwarth by ordinance and assent of the Peers of the Land there to stay at his pleasure for to be served as becommeth such a Lord the said Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that he was sent to Rarkly Castle where by him and his he was traitorously and falsly murthered and slain But that which is this to my purpose is Roll the second being the judgement of Sir Samon de Bereford which verbatim followeth thus The Second Roll. ALso in the same Parliament our Lord the King did charge the said Earles and Barons to give right and lawfull judgement as appertained to Simon de Bereford Knight who was aiding and counselling the said Roger de Mortimer in all the treasons felonies and wickednesses for the which the âforesaid Roger so was awarded and ajudged to death as it is a known and notorious thing to the said Peers as to that which the King intends The which Earles Barons and Peers came before our Lord the King in the same Parliament and said all with one voice that the foresaid Simon was not their Peer wherefore they were