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justice_n authority_n king_n power_n 3,463 5 4.8127 4 false
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A90228 An arrow against all tyrants and tyrany, shot from the prison of New-gate into the prerogative bowels of the arbitrary House of Lords, and all other usurpers and tyrants whatsoever. wherein the originall rise, extent, and end of magisteriall power, the naturall and nationall rights, freedomes and properties of mankind are discovered, and undeniably maintained; ... the late Presbyterian ordinance (invented and contrived by the diviners, and by the motion of Mr. Bacon and Mr. Taet read in the House of Commons) examined, refuted, and exploaded, as most inhumaine, tyranicall and barbarous. / By Richard Overton prerogative archer to the arbitrary House of Lords, their prisoner in New-gate, ... sent by way of a letter from him, to Mr Henry Martin, a Member of the House of Commons. Imprimatur rectat justitia. Overton, Richard, fl. 1646. 1646 (1646) Wing O622; Thomason E356_14; ESTC R201139 14,134 20

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to protect safegard and defend them from all such unnaturall monsters vipers and pests bred of corruption or which are intrusted amongst them as much as in them lies to prevent all such for the future And to that end you have been assisted with our lives and fortunes most liberally and freely with most victorious and happy successe whereby your Armes are strengthned with our might that now you may make us all happy within the confines of this Nation if you please and therfore Sir in reason equity and justice we deserve no lesle at your hands and Sir let it not seem strange unto you that we are thus bold with you for our own For by nature we are the sons of Adam and from him have legitimatly derived a naturall propriety right and freedome which only we require and how in equity you can deny us we cannot see It is but the just rights and prerogative of mankind whereunto the people of England are heires apparent as well as other Nations which we desire and sure you will not deny it us that we may be men and live like men if you doe it will be as little safe for your selfes and posterity as for us and our posterity for Sir look what bondage thraldome or tyrany soever you settle upon us you certainly or your posterity will tast of the dregs if by your present policy and abused might you chance to award it from your selves in particular yet your posterity doe what you can will be liable to the hazard thereof And therefore Sir we desire your help for your own sakes as well as for our selves chiefly for the removall of two most insufferable evils daylie encroaching and encreasing upon us portending and threatning inevitable destiuction and coufusion of your selves of us and of all our posterities namely the encroashments and usurpations of the House of LORDS over the Commons liberties and freedomes together with the barberous inhumaine blood-thirsty desires and endevours of of the Presbyterian Clergy For the first namely the exhorbitances of the LORDS they are to such an hight aspired that contrary to all presidents the free Cōmoners of England are imprisoned fined condemned by them their incomputent illegall unequall improper judges against the expresse letter of Magna char chap. 29. so often urged and used that no free man of England shall be passed upon tryed or condemned but by the lawfull judgement of his equals or by the Law of the Land which as saith Sir Edw. Cooke in his exposition of Mag. chap. 28. last li. is Per pares by his peeres that is by his equals And page 46. branch 1. 2. 5. in these words 1. That no man be taken or imprisoned but per legem terrae that is by the common Law Statute Law or custome of England For these Words per legem terrae being towards the end of this chapter doe referre to all the pretended matters in this chapter and this hath the first place because the liberty of a mans person is more precious to him then all therest that follow and therefore it is great reason that he should by law be relieved therein if he be wronged as hereafter shall be shewed 2. No man shall be disseised that is put out of seison or dispossessed of his free-hold that is lands or livelyhood or of his liberties or free customes that is of such franchises and freedomes and free customes as belong to him by his free birthright unlesse it be by the lawfull judgement that is verdict of his equals that is of men of his own condition or by the Law of the Land that is to speak it once for all by the due course and processes of Law 3. No man shall be in any sort destroyed destruere 1. quod prius structum factum suit penitus evertere dimere unlesse it be by the verdict of his equals or according to the Law of the land And chapter 29. of Magna Charta it is said secundum legem consuetudinem Angliae after the Law and custome of England non Regis Angliae not of the King of England lest it might be thought to bind the King only nec populi Angliae nor of the People of England but that the Law might tend to all it is said per legem terrae by the Law of the Land Magna chapta 29. Against this ancient and fundamentall Law and in the very face thereof saith Sir Edward Cooke he found an Act of the Parliament made in the 11. of Hen. the 7. chap. 3. that as well justices of Peace without any finding or presentment by the verdict of 12. men upon the bare information for the King before them should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the forme ordinance and effect of any Statute made and not repealed by colour of which Act shaking this fundamentall Law it is not credible saith he what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by Sir Richard Empson Knight and Edmund Dudly being Justices of the Peace through England and upon this unjust and injurious act as commonly in the like cases it falleth out a new Office was errected and they made masters of the Kings Forfitures But at the Parliament holden in the 1. of Hen. 8. chap. 6. this Act of Hen. 7. is receited made void and Repealed and the reason thereof is yeelded for that by force of the said Act it was manifestly known that many sinister crafty and forged informations had been pursued against divers of the Kings Subjects to their great damage and unspeakable vexation a thing most frequent and usuall at this day and in these times the ill successe whereof together with the most fearfull end of these great Oppressors should deterre others from committing the like and should admonish Parliaments in the future that in stead of this ordinary and precious try all Per legem Terrae they bring not in an absolute and parciall tryall by discretion Cooke 2. institute folio 51. And to this end the Judgement upon Symond de Berefrrd a Commoner in the 4. yeare of Edw. 3. is an excellent precident for these times as is to be seen upon record in the Tower in the second Roll of Parliament held the same yeare of the said King and delivered into the Chancery by Henry de Edenston Clerk of the Parliament for that the said Simon de Bereford having counselled aided and assisted Roger de M●●timer to the murther of the Father of the said King the King commanded the Earles and Barons in the said Parliament Assembled to give right and lawfull judgement unto the said Symon de Bereford But the Earles Barons and Peers came before the Lord the King in the same Parliament and said with one voice that the aforesaid Simon was not their Peer or equall wherefore they were not bound to judge
AN ARROW AGAINST ALL TYRANTS And Tyrany shot from the Prison of New-gate into the Prerogative Bowels of the Arbitrary House of Lords and all other Usurpers and Tyrants Whatsoever Wherein the originall rise extent and end of Magisteriall power the naturall and Nationall rights freedomes and properties of Mankind are discovered and undeniably maintained the late oppressions and incroachments of the Lords over the Commons legally by the fundamentall Lawes and Statutes of this Realme as also by a memorable Extract out of the Records of the Tower of London condemned The late Presbyterian Ordinance invented and contrived by the Divaners and by the motion of Mr. Bacon and Mr. Taet read in the House of Commons examined refuted and exploaded as most inhumaine tyranicall and Barbarous By RICHARD OVERTON Prerogative Archer to the Arbitrary House of Lords Their Prisoner in New gate for the just and legall properties rights and freedoms of the Commons of England Sent by way of a Letter from him to Mr. Henry Martin a Member of the House of Commons IMPRIMATUR Rectat Justitia Printed at the backside of the Cyclopian Mountains by Martin Claw-Clergy Printer to the reverend Assembly of Divines and are to be sould at the signe of the Subjects Liberty right opposite to persecuting Court. 1646. AN ARROVV AGAINST ALL TYRANTS And Tyrany shot from the prison of New-gate into the Prerogative bowels of the Atbitrary House of Lords and all other Usurpers and Tyrants whatsoever Sir TO every Individuall in nature is given an individuall property by nature not to be invaded or usurped by any for every one as he is himselfe so he hath a selfe propriety else could he not be himselfe and on this no second may presume to deprive any of without manifest violation and affront to the very principles of nature and of the Rules of equity and justice between man and man mine and thine cannot be except this be No man hath power over my rights and liberties and I over no mans I may be but an Individuall enjoy my selfe and my selfe propriety and may write my selfe no more then my selfe or presume any further if I doe I am an encroacher an invader upon an other mans Right to which I have no Right For by naturall birth all men are equally and alike borne to like propriety liberty and freedome and as we are delivered of God by the hand of nature into this world every one with a naturall innate freedome and propriety as it were writ in the table of every mans heart never to be obliterated even so are we to live every one equally and alike to enjoy his Birth-right and priviledge even all whereof God by nature hath made him free And this by nature every one desires aimes at and requires for no man naturally would be befooled of his liberty by his neighbours craft or inslaved by his neighbours might for it is natures instinct to preserve it selfe from all things hurtfull and obnoctious and this in nature is granted of all to be most reasonable equall and just not to be rooted out of the kind even of equall duration with the creature And from this fountain or root all just humain powers take their original not immediatly from God as Kings usually plead their prerogative but mediatly by the hand of nature as from the represented to the representors for originally God hath implanted them in the creature and from the creature those powers immediatly proceed and no further and no more may be communicated then stands for the better being weale or safety thereof and this is mans prerogative and no further so much and no more may be given or received thereof even so much as is conducent to a better being more safety and freedome and no more he that gives more sins against his owne flesh and he that takes more is a Theife and Robber to his kind Every man by nature being a King Priest and Prophet in his owne naturall circuite and compasse whereof no second may partake but by deputation commission and free consent from him whose naturall right and freedome it is And thus Sir and no otherwise are you instated into your soveraign capacity for the free people of this Nation for their better being discipline government propriety and safety have each of them communicated so much unto you their Chosen Ones of their naturall rights and powers that you might thereby become their absolute Commissioners and lawfull Deputies but no more and that by contraction of those their severall Individuall Communications confer'd upon and united in you you alone might become their own naturall proper soveraign power therewith singly and only impowred for their severall weales safeties and freedomes and no otherwise for as by nature no man may abuse beat torment or afflict himselfe so by nature no man may give that power to an other seeing he may not doe it himselfe for no more can be communicated from the generall then is included in the particulars whereof the generall is compounded So that such so deputed are to the Generall no otherwise then as a Schoole-master to a particular to this or that mans familie for as such an ones Mastership ordering and regulating power is but by deputation and that ad bene placitum and may be removed at the parents or Head masters pleasure upon neglect or abuse thereof and be conser'd upon another no parents ever giving such an absolute unlimited power to such over their children as to doe to them as they list and not to be retracted controuled or restrained in their exorbitances Even so and no otherwise is it with you our Deputies in respect of the Generall it is in vaine for you to thinke you have power over us to save us or destroy us at your pleasure to doe with us as you list be it for our weale or be it for our wo and not to be enjoyned in mercy to the one or questioned in justice for the other for the edge of your own arguments against the King in this kind may be turned upon your selves for if for the safety of the people he might in equity be opposed by you in his tyranies oppressions cruelties even so may you by the same rule of right reason be opposed by the people in generall in the like cases of distruction and ruine by you upon them for the safety of the people is the Soveraigne Law to which all must become subject and for the which all powers humaine are ordained by them for tyrany oppression and cruelty whatsoever and in whomsoever is in it selfe unnaturall illegall yea absolutly anti magisteriall for it is even destructive to all humaine civill society and therefore resistable Now Sir the Commons of this Nation having impowred their Body Representative wherof you are one with their own absolute Soveraignty thereby Authoritively and legally to remove from amongst them all oppressions and tyranies oppressors and tyrans how great soever in name place or dignity and