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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

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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