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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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or willingly receive relieve comfort aid or maintaine any such person before-mentioned being at liberty out of prison knowing him to be such as before is expressed shall also for such offence be adjudged a fellon without benefit of Clergie and suffer death lose and forfeits as in case of one attainted of Fellony And this Parliament hath made a solemne League and Covenant and voted that no man shall sit in Parliament without taking it nor no man beare any Office without taking it and you have voted and in severall places made the Freemen of England uncapable to give a voice to choose an Officer if they will not take it in the second Article of which unjust unrighteous and wicked contradicting Covenant all those that take it sweare to extirpate Popery 1 part Book Deel fol. 425. and yet notwithstanding the Judges and Justices of peace made by the present Parliament force the Freemen of England against their wills and minds and the Allegation of the fore-mentioned Law and Covenant to pay Tythes the root and support of Popery to a generation of new upstart Romish Priests or Synodian Sion Colledge Jure divino men that have no other Authority and Power to stand by in their function of Presbyterie but what they challenge and derive from Rome having alreadie avowedly in print renounced and scorned any Jurisdiction either from the Parliament or the people of their Parishes by vertue of which their owne avowed claime they are ipso facto within the lash and reach of the fore-mentioned Statute and may by any Freeman of England be indicted at the Assizes or Sessions for Traytors and ought without mercy by the strength of that Law to suffer as Traytors and all those that pay Tythes or otherwise maintaine them after they know they have renounced the deriving of their Power and Jurisdiction from the Parliament and challenge it Jure divino derivitive from the Pope may be indicted as Fellons and ought to die as Fellons Now Sir is it not a piece of gallant justice in the Parliaments Judges Justices and illegall Committee-men to put freemens persons in prison without Baile or Maineprize and to plunder and I think I may say rob divers of them of their goods and cattels for refusing to support Popery after they have sworne to extirpate it by paying of Tythes to a company of Popish Presbyterian Priests that scorne to derive any power from the people of their Parishes and have already publikely and avowedly renounced the Parliaments Power and Authority and doe actually and really claime and assume unto themselves an Ecclesiasticall or Clergie Authority derivitive from Rome Fourthly the Law of England hath provided an universall remedy for all the men of England to recover their debts by from those that are indebted to them the benefit of which Law the present Parliament both doe and will injoy and at their pleasure will sue anie freeman in England that is not one of themselves but are so fortified with their big swolne priviledges that no man shall dare to meddle either with their persons or estates though they owe never so much and yet divers of them will neither of themselves pay use nor principall although originally the exemption of their persons from Arrests be not a priviledge given them for themselves in reference to their particulars but for the good of the Kingdome and People that choose them that so by the malice of any prerogative man or enemy to the just Libertie of the Commons of England they might not by malicious Arrests be molested troubled diverted or hindered for doing their Countrey faithfull service in the place they had chosen them unto But when this priviledge was first given them which in its selfe is just in its institution though now by the present Parliament-men abused in its execution it remained in them but for certaine weeks for then Parliaments were very short being by the ancient and just unrepealed Law of the Land to be chosen once every year or oftner if need required 4. E. 3.14 36. E. 3.10 it being impossible to be conceived that ever they thought then that any Parliament in England should remaine seven years to the cheating cozening and devouring of particular multitudes of men of their particular debts which now are likely by some Parliament-men to be so long owing them that they will not be claimable or recoverable by Law when this Parliament is ended which by its long sitting is and is more evidently like to be the greatest subversion of Englands Lawes Liberties and Freedomes of any thing that ever was done in England King Charles his seventeen years mis-government before this Parliament as you in your Declarations call it was but a flea-biting or as a mouldhill to a mountain in comparison of what this everlasting Parliament already is and will be to the whole Kingdome and therefore I say and will maintaine it upon the losse of my life that the Commons of England may bid adieu to their Lawes Liberties Freedomes Trades and Properties unlesse they speedily take a course for the electing of a new Parliament for the Members of this Parliament many of them to my knowledge judge themselves subject to no rule nor to be governed by any law but say that they are above Magna Charta and the most excellent Petition of Right and may abolish them although there be divers things in them so founded upon the principles of pure reason which by the fundamentall Maximes of the Law are unalterable Doctor and Student Ch. 2. fol. 4 5. see Innocency and truth justified p. 62. and the Morall Law of God that it is impossible for any power whatsoever to abolish them that is not greater then God or hath not derived a just power from him to dispence with his unchangeable Lawes one of which is That Justice shall never be sold nor impartially administred which is with other most excellent rationall and unalterable things ratified expressely in the 29. Ch. of Magna Charta besides all the rest of most excellent things in those two Lawes confirmed many of which are of universall concernment to all the sons of men under any just Government in the world and as for those things contained in them that are rationally in processe of time upon just experimentall grounds alterable and changeable if you will give us better in their places doe when you will without the doing of which by your own grounds and principles you cannot justly change them being impowered and chosen by us to provide for our weale but not for our woe to provide for our better being but not for our worse being 1 part Book Dec. p. 150. Againe fifthly the Law of England hath provided That whosoever breaks the peace shall be punished or whosoever layes violent hands upon a man and if any man doe it to a Parliament-man he will trounce him for it but they themselves can breake the peace and lay violent hands without cause upon the Freemen 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