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A88228 The opressed mans opressions declared: or, An epistle written by Lieut. Col. John Lilburn, 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 opressing cruelty of all the gaolers of England is declared, and particularly the Lieutenant of the Tower. As also, there is thrown unto Tho. Edwards, the author of the 3 vlcerous Gangrænes, a bone or two to pick: in which also, divers other things are handled, of speciall concernment to the present times. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2149A; Thomason E373_1; ESTC R201322 33,049 40

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the aforesaid Simon was aiding and counselling the said Roger in all the treasons felonies and wickednesses abovesaid the which things are an usurpation of Royall power Murther of the Liege Lord and destruction of Blood-Royall and that he was also guilty of divers other felonies and robberies and a principall maintainer of robbers and felons the said Earles Barons and Peeres did award and judge as Judges of Parliament by the assent of the KING the same Parliament that the said Simon as a traitor and enemy of the Realm be drawn and hanged And thereupon it was commanded to the Martiall to doe execution of the said judgement The which execution was done and performed the Munday next after the Feast of St. Thomas the Apostle In the same Roll. And it is assented and agreed by our Lord the King Agreement not to bee drawn into example and all the Grandees in a full Parliament that albeit the said Peeres as Judges of Parliament took upon them in the presence of our Lord the King to make and give the said judgement by the assent of the King upon some of them which were not their Peeres and that by reason of the murder of the Liege Lord and destruction of him which was so new of the Blood-Royall and sonne of the King that therefore the said Peeres which now are or the Peeres which shall be for the time to come be not bound or charged to give judgement upon others then upon their Peeres nor shall doe it But let the Peeres of the Land have power but of that for ever they be discharged and acquit and that the aforesaid judgement now given be not drawn into example or consequent for the time to come by which the said Peeres may be charged hereafter to judge others then their Peeres against the Law of the Land if any such case happen which God defend Agreeth with the Record WILLIAM COLET It is the saying of the spirit of God Eccle. 4.9.12 two are better than one and a threefold cord is not easily broken so that to prove my position true for all the Rabshaca Language of Gangrena I have first the fundamentall Law point blank on my side and 2. the Judgment of one of the ablest Lawyers that ever writ in England and his Judgment authorised as good and sound by the present House of Commons to be published to the view of the whole Kingdome and 3. the Lords own confession for if you marke well the 2. last lines of the forecited record you shall finde they ingeniously confesse and declare that it it against the Law of the Land for them to judge a Commoner and for further confirmation of this reade Vox Plebis pag. 18. 19. 36 37 38 39 40 41 42. 44. 45. But if the Vlcerous Gangrena please to read a late printed booke called Regall Tyranny discovered he shall finde that the author of that Book in his 43 44 45 46 47 86. pages lays down many strong arguments to prove That the House of Lords have no Legislative power at all And in his 94 95 96 97. pages he declares proves That before Will the Conqueror subdued the rights and priviledges of Parliaments the King and the Commons held and kept Parliaments without temporall Lords Bishops or Abbots The two last of which he proves had as true and as good a right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had For the second thing which is Whether or no there be not in the present Parliaments Declarations and in the Assemblies exhortation to take the Covenant and in Mr. Prynnes Soveraigne power of Parliaments and other Presbyterian books publickly licenced and others sold without controll as much if not more said to set up or maintain that which Gangrena calls Vtopian Anarchy then in any Book what ever published by those he calls Sectaries And I averre it positively There is and shall joyn issue with Gangrena to prove it in every particular Therefore let him publish an exact Catalogue of any of our Positions when he pleaseth and I doubt not but to make it evident that it cannot justly by them be counted any vice in us to tread in their steps especially seeing they have accounted them so full of piety truth and honesty as they have done Now first for the Parliaments Declarations read but the Kings answers to them and you shall easily see he layes it as deeply to their charge of endevouring to set up Anarchy as Gangrena doth either to mine or Mr. Overtons yea and instances the particulars and tels them plainly The Arguments they use against him will very well in time serve the people to turn against themselves And as for Mr. Prynnes Soveraigne power of Parliaments I never read more of that Doctrine in any Book in all my life that Gangrena so much condemnes in me c. then in that very Book which is licenced by Mr. White a member of the House of Commons and in his dayes as stiffe a Presbyterian as Gangrena himselfe See his 1. part Sover pag. 5 7 8 9 19 26 29 34 35 36 37. But especially 42 43 44 47 57 92. And 2. part pag. 41 42 43 44 45 46. 73 74 75 76 3. part 11 12 13 14 15 16 17. 61 62 63 64 65. 131 132 133. And 4. part pag. 10 11 15 16. See his Appendix there unto pag. 1 2 3 4 5 and 11 12. 13 c. Besides these see the first and second part of the Observations Maximes unfolded the case of Ship-money briefly discoursed A new Plea for the Parlement A fuller Answer to a Treatise written by Dr. Fern with divers others Now for the third thing which is the tryumph Gangrena makes in his 3 part Gangrena pag. 158. which is that in my book called Innocency and Truth justified which I published the last year 1645. I give that to the Lords which now I in 1646. in many wicked Pamplets would take away from them such new light saith he hath the successe of the new modell and the recruit of the house of Commons brought to the Sectaries Well I will the man stand to this if hee will then I desire the impartiall Reader to judge betwixt us and turn to the 11 12 36 37 74. pages of that book in which pages is contained all that any way makes to his purpose or else turn to the 157 pag. of his book and see if in all my words there quoted by him there is any thing that carryes the shadow of giving that to the Lords that now I would take from them for there I am a reasoning with Mr. Pryn or the house of Commons not upon my principles but their own And therefore I say a Committee of the house of Commons is not the whole Parliament no nor the whole house of Commons it self according to their own principles which is the only clause he can fix
other Presbyterian books licenced by publike authority and others sold without controule there be no more said to justifie and maintain that which Gangrena calles Vtopian Anarchy then in any bookes whatsoever published by these he calles Sectaries Thirdly whether or no that out of my own words in my booke called INNOCENCIE AND TRVTH JVSTIFIED there can any thing be drawn to justifie the Lords in that which now I condemn them in as Gangrena affirmes pag. 157 158. For the first see what the ninth Chapter of Magna Charta saith No freeman shall he 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 we will not passe upon him nor condemn him but by lawfull judgment of his PEERS or by the Law of the Land See the 3. of E. 1. ch 6. And that no City Borough or Towne nor any man be amerced wiithout reasonable cause and according to the quantity of his trespasse 9. H. 3. 14. that is to say every free man saving his freehold 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 book is published by two speciall orders of the present House of Commons as in the last page thereof you may read who in his expounding the 14 Chapter of Magna Charta p. 28. saith Peers signifies Equalls and pag. 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 in Parliament or one of the Commons of the Realms 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 word PARES so of the Commons of the Realme there be Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall 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 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 Chap. 29 pag. 46. Ibim he saith no man shall be disseised that is put out of ●eison or dispossessed of his freehold that is Lands or livelihood or his liberties or free Customs that is of such franchises and freedoms and free Customs as belong to him by his birth-right unlesse it be by lawfull judgment that is verdict of his equalls that is men of his own condition or by the Law of the Land that is to speake it once for all by the due course and processe of Law No man shall be in any sort destroyed 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 he is the sentence neither will we passe upon him to be understood but by the judgment of his Peers that is equalls or according to the Law of the Land see him page 48. upon this sentence per judicium Parium suorum and page 50. he saith it was inacted that the Lords and Peers of the Realme should not give judgment upon any but their Peers and cites Rot. Parl. 4. E. 3. nu 6. but making inquiry at the Record-Office in the Tower I had this which followes from under the hand of Mr. William Colet the Record-Keeper Out of the Roll of the Parliament 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 Wickedensses 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 foure Bishops foure Earles and six Barons should abide neere the King for to counsell 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 took upon himself Royall power and the government of the Realm 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 mind and placed John Wyard 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 he would 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 Kenilworth by ordinance and assent of the Peeres of the Land there to stay at his pleasure for to be served as becommeth such a Lord the sayd Roger by Royall power taken unto himselfe did not permit him to have any money at his will and ordered that hee was sent to Barkly Castle where by him and his he was traiterously and falsly murthered and slain But that which is to my purpose is Roll the second being the judgement of Sir Simon 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 foresaid Roger so was awarded and adjudged to death as it is a known and notorious thing to the said Peeres as to that which the King intends The which Earles Barons and Peeres came before our Lord the King in the same Parliament and said all with one voyce that the foresaid Simon was not their Peere wherefore they were not bound to judge him as a Peere of the Land But because it is a notorious thing and known to all that
other cause but for standing for the Fundamentall Lawes of England which if he had not an absolute desire to be notoriously forsworn he might know his Covenant binds him to doe the same But seeing he there playes the simple man to fight with his own shadow and doth not in the least meddle for any thing I can perceive by so much as I have read of his Book which so near as I could find was every place where I was mentioned with the Statutes and other Legall Authorities as I cite in my wives petition and else-where to prove That all the Commoners of England ought in all criminall cases to be tryed by their Peeres that is Equals and that the House of Lords in the least are not the Peeres of Commoners And therefore seeing seemingly by that ulcerous book he hath given me something to answer that concerns me I will really and substantially give him something to answer that in good earnest concerneth him and all the rest of his bloody-minded pretended reformed fellow-Clergy Presbyters that lying deceitfull forsworn and bloody Sect of whom it is true that the Prophet said of the Prophets of old That they make the people to erre and bite with their teeth and cry peace and he that putteth not into their mouthes they even prepare warre against him Micah 3.5 And that at present I have to put to him to answer shall be certain Arguments which I made when I was close prisoner in irons in the Fleet against the then Episcopall Ministers of the Church of England and will serve in every particular against the present Presbyteriall Ministers and you shall find them thus laid down in the 23. page of my Book called An Answer to 9. Arguments written by T. B. and printed at London 1645. First Thtt every lawfull Pastor Bishop Minister or Officer in the visible Church of Christ ought to have a lawfull call and be lawfully chosen into his Office before he can be a true Officer in the Church of Christ Acts 1.23 24 25. 6.3.5 6. 14.23 Gal. 1.1 Heb. 5.4 But the Ministers and Officers in the Church of England as well Presbyterian as Episcopall have not a lawfull call neither are lawfully chosen to be officers in the Church of Christ See the Book of Ordination of Bishops Priests and Deacons as also the Directory and compare them with the Scripture Therefore all your Ministers are false and Antichristian Officers Rev. 9.3 and 13.2 and 16.13 Secondly the doing of those actions that belong to the execution of an Office doth not prove a man to be a lawfull Officer but a lawfull power instating him into his Office Acts. 8.4.11.19.20 and 18.24 25 26. 1 Cor. 14.29 30 31. 1 Pet. 4.10 But all the Ministers in the Church of England have nothing to prove the lawfulnesse of their standing in the Ministery but the actions of a Minister and are not in the least able to prove that they are instated into their Ministery by vertue of a lawfull power and authority Therefore they are no true Ministers of Christ but false and Antichristian Ministers of Antichrist Thirdly againe in the third place upon your own grounds I frame this Argument Those that by their Ministery do not accomplish the same ends that the Ministery of the Apostles did are no true Ministers But the Ministers of the Church of England do not accomplish the same ends by their Ministery that the Ministery of the Apostles did 1 Cor. 11.2 Therefore your Ministers are no true Ministers of Iesus Christ But Gangrena one word more at present to you seeing in the 217.218 pages of your late 3. Gangrena you fall so exceeding heavie upon me and my honest Camerade Mr. Overton and say that these 2. audacious men their dareing bookes shall escape without exemplary punishment and instead thereof be countenanced and set free I do as a Minister pronouncae but I say it is as one of Sathans that the plague of God will fall upon the heads of those that are the cause of it Come Antagonist let us come to a period for I hope for all your mallice you are not yet so farre gone beyond your selfe as to desire to have me hanged or killed and then condemned and adjudged and therefore I will make you 2. faire propositions First in reference to the Lords whose Goliah and Rabshaca-like Champion you are that if you please to joyne with me in a desire to both Houses I will so far go below my selfe and my present appeale now in the House of Commons alwayes provided it may be no prejudice to the benefit I justly expect from my said appeale and joyne with you in this desire that there may be by both Houses a proportionable number thereof mutually by themselves chosen out to set openly and publickly in the painted Chamber where I will against you by the established Lawes of this Land maintaine against you and all the Lawyers you can bring this position which is absolutely the contest betwixt the Lords and me THAT THE LORDS AS A HOVSE OF PEERS HATH NO JVRISDISCTION AT ALL OVER ANY COMMONER IN ENGLAND IN ANY CRIMINALL CASE WHATSOEVER and if you will I will wholly as in reference to the contest betwixt you and me stand to the vote and abide the judgement and sentence of that very Committee whose vote upon the fore-mentioned tearmes if you will tye your selfe I will tye my selfe either actively to execute or passively to suffer and undergo it In the second place because so farre as I am able to understand your meaning in your fore-mentioned pages you would have me dealt withall as the Earle of Strafford and the Bishop of Canterbury was for indeavouring as you say with so much violence the overthrow of the three Estates and the Lawes of the Kingdome and in the stead of the fundamentall Government and constitution of this Kingdome to set up an Vtopian Anarchy of the promiscuous multitude and the lusts and uncertaine fancies of weake people for Lawes and Rules Now in regard of the distractions of the Kingdome which are many and that they might not be made wider by new bookes from either of us I shall be very willing for peace and quiets sake to joyne with you in a Petition to the House of Commons to appoint a select Committee publickly to examin all things that are a misse in your bookes and myne and to punish either or both according to Law and Iustice without partiality and I appeale to all rationall men in the world whether I have not offered fayre or no. But in regard I know not whether you will imbrace my proffer I shall speake a little more for my selfe and reduce all to these three heads First whether the Lords have by the known Law of the Land any jurisdiction of the Commons or no Secondly whether in the Parliaments own publick declarations in Mr. Prinns soveraigne power of Parliaments and in the Assemblies exhortation to the solemn legall Covenant and
testimony of Jesus yea and all the persecutions of the Jewes against Christ and his Apostles yea and the putting them to death and so bring upon your own heads all the righteous bloud shed upon the Earth from the dayes of righteous Abel to this present day Mat. 23.29 30 32 33 34 35. which I warrant you will bring wrath and vengeance enough upon you Now Mr. Lieutenant a few words more to you and so conclude I desire you in the next place not only to provide me gratis a prison-Lodging for I can pay Chamber-rent no longer but also to provide me my diet according ro the custome of the place for you cannot but know and if you do not I now tell you that the King was alwayes so noble and just as to do it to all the Prisoners he committed to this place of what quality soever of the truth of which * Who as I have lately heard confessed hee spent his Maj. 1500. l while he was a prisoner heere Col. Long Col. Hollis and Mr. Selden c. now members of the house of Commons can informe you and how that themselues when they were the Kings prisoners here in the 3. of His Raign for speaking and acting freely in the Parliament were maintained by the King according to their qualities though some of them had great estates of their own in their own possessions and enjoyments and now as the newes-books tell me are voted 5000. l a piece for their then illegal sufferings And Sir the Lords who committed me hither have in a great measure the Kings Revenue in their hands at their dispose and therefore I expect now I seek for it they shall be as just as their Master whom they have so much condemned for injustice and provide for me according to my quality And Sir I must tell you that I am very confident I have as many noble qualities in me and as much of a man in every respect as any of those that sent me hither For Titles of Honour without Honesty and Justice are no excellenter then a gold ring in a Swines snout Yea and have given as large a declaration of it to the view of the world as any of them what ever hath done And therefore Sir if they shall deny me this peece of justice and equity I will by Gods assistance tell them as well of it as ever they were told in their lives But Sir in the third place if this faile me I desire you to speake to them to allow me interest for my two thousand pounds it being scarce twice so much as I have spent since I first became a suiter for it that they the last year decreed me for my illegall bloody barbarous and inhumane sufferings by the Star-Chamber which I dare confidently say were more tormenting then all the sufferings of the above-mentioned Gentlemen and their co-partners See my printed Relation of it made at the Lords Barre 13. Feb. 1645. For which as I understand there is 50000. l reparations voted them by the House of Commons that so I may have something of my own to live upon For without some of the three fore-mentioned things be done for me I must either perish or run exceedingly into debt which I professe I am very loath to to doe or lastly live upon the alms of my friends which I confesse is not pleasant unto me And besides the freest horse or horses in the world with continuall riding may not onely be wearied but also jaded and tyred But if they will not yeeld that I shall have my lodging gratis and my diet found by them nor interest for my many yeares expected and long-looked-for 2000. l that last yeare they decreed me nor the remainder of my just Arrears which yet is divers hundreds of pounds that I faithfully valiantly and dearly earned with the losse of my blood to maintain and keep me alive and my wife and small children Then as my last request I intreat from you to desire them to call me out to a legall tryall and by the law of the Kingdome but not their arbitrary wils either to be justified or condemned And here under my hand I professe I crave nor desire neither mercy nor favour at their hands but bid defiance to all the adversaries I I have in England both great and small to doe the worst their malice can unto me alwayes provided I may have a legall tryall by my Peeres my Equals men of my own condition according to the just established unrepealed fundamentall law of the Land contained in Magna Charta and the Petition of Right And truly Sir if upon these tearmes they will not call me out but resolve to keep me here still I will by Gods assistance before many moneths be expired give them cause with a witnesse to call me out for here if I can help it I will not be destroyed with a languishing death though it cost me hewing to peeces as small as flesh to the pot For if it had not been that my report hath lain so long dormant in the hands of Col. Henry Martin the glory of his Age amongst Parliament men for a lover of his Countrey whose credit and reputation I ingeniously confesse I should be very loath in the least if I could avoid it to bespatter But in regard by all the meanes and friends I can use to him I cannot get him to make my report though I desire nothing at his hands but a bare indeavour of the discharge of his duty to quit himselfe of it let the issue be good or bad all is one to me so it were but done or endeavoured to be done I had long since made a formal appeal to the people but in regard of my constant hard usage both from divers Lords and Commons and their Jaylors and other instruments the many unresistable prickings forward of my own spirit which presseth me rather to hazzard the undergoing of Sampsons portion Judg. 16.21 then to be forced to degenerate frō the principles of Reason the King or chiefe of all Creatures into the habit of a bruit beast and so to live a slave or vassal under any power under the Cope of Heaven whether Regal or Parliamentary or what ever it be And therefore having now with a long deliberated deliberation committed my wife and children to the tuition care and protection of a powerful God whom for above these ten years I haue feelingly and sensibly known as my God in Jesus Christ who with a mighty protection preservation hath been with me in six troubles and in seven and from the very day of my publique Contest with the Bishops hath inabled me to carry my life in my hands and to have it alwayes in a readinesse to lay it down in a quarter of an hours warning knowing that he hath in store for me a mansion of eternal glory All these things considered I am now determined by the strength of God if I speedily haue not that
Justice which the Law of England affords me which is all I crave or stand in need of no longer to wait upon the destructive seasons of prudentiall men but forthwith to make a formal Appeal to all the Commons of the Kingdome of England and Dominion of Wales and set my credit upon the tenters to get money to print 20000. of them and send them gratis to all the Counties thereof the ingredients of which shall be filled with the Parliaments own Declarations and Arguments against the King turned upon themselues and their present practise and with a little Narrative of my Star-chamber tyrannicall sufferings and those I haue there to complain of are first Dr. Lamb Guin and Aliot for committing me And 2. Lord-Keeper Coventry Lord Privie-Seal Manchester that corruptest of men whose unworthy Son is now and hath been for some years the chiefe Prosecutor of my ruine for no other cause but that I have been honest valiant and faithfull in discharging the trust reposed in me which he himself was not my L. Newburgh old Sir Henry Vane a man as full of guilt as any is in England whose basenesse unworthinesse I shall anatomize to the purpose the L. chiefe Justice Bramston Judg Jones who sentenced me to the Pillory and to be whipt c. And then 3. Canterbury Coventry Manchester Bishop of London E. of Arundel Earl of Salisbury Lord Cottington L. Newburgh Secretary Cook Windebanke who sentenced me to ly in irons and to be starved in the prison of the Fleet With a short Narrative of my usage by Lords and Commons this present Parliament and conclude with a Declaration of what is the end wherefore Parliaments by law ought should be called which is to redresse mischiefes grievances c. but not to increase them 4. E. 3. 14. 36. E. 3. 10. to provide for the peoples weal but not for their woe Book Declar. 1. part pag. 150. and yet notwithstanding all the trust reposed in them and all the Protestations they have in their publique Declarations made faithfully without any private aimes or ends of their own to discharge it And notwithstanding all the bloud and money that hath been shed and spent at their beck and commands I would fain have any of them to instance me any one Act or Ordinance since the wars begun that they have done or made that is for the universall good of the Commons of England who have born the burthen of the day Sure I am they have made several Ordinances to establish Monopolies against the Fundamental Lawes of the Kingdom and thereby haue robbed free-men of their trades and liveli-hoods that at their command have been abroad a fighting for maintaining the Law and in practise annihilated Magna Charta and the Petition of Right So that a man though of their own Party may perish if committed by a Parliament-man or Parliament men hefore he can get the Judges to grant an Habeas Corpus to bring him and his cause up to their Bar there to receive a tryal secùndum legem terrae that is according to the Law of the Land although the Judges be sworn by their oathes to doe it So Sir desiring you seriously to consider of the premises which I could not conveniently send you but in print I rest Your abused Prisoner who is resolved to turn all the stones in England that lye in his way but he wil have right and justice against you JOHN LILBURN semper idem From my illegall and chargeable captivity in Cole-harbour in the Tower of London this 30 Jan. 1646. FINIS