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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
him as a Peer of the Land Yet notwithstanding all this the Earles Barons and Peers being over swaid by the King did award and adjudge as judges of Parliament by the assent of the King in the said Parliament that the said Simon as a traitor enemy of the Realm should behanged drawn and execution accordingly was done But as by the said Roll appeareth it was by full Parliament condemned and adjudged as illegall and as a precident not to be drawn into example the words of the said Roll are these viz And it is assented and agreed by our Lord the King and all the Grandees in full Parliament that albeit the said Peers as judges in full Parliament took upon them in presence of our Lord the King to make and give the said Judgement by the assent of the King upon some of them that were not their Peers to wit Commoners by reason of the murther of the Leige Lord and destruction of him which was so neer of the blood royall and the Kings Father that therefore the said Peers which now are or the Peers which shall be for the time to come be not bound or charged to give judgement upon others then upon their Peers nor shall doe it but of that for ever 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 Peers may be charged hereafter to Judge others then their Peers being against the Law of the Land if any such case happen which God defend Agreeth with the Record William Collet But notwithstanding all this our Lords in Parliament take upon them as Judges in Parliament to passe judgement and sentence even of themselves upon the Commoners which are not their Peeres and that to fining imprisonment c. And this doth not only content them but they even send ●orth their armed men and beset invade assault their houses and persons in a warlike manner and take what plunder they please before so much as any of their pretended illegall warrants be shewed as was lately upon the eleventh of August 1646. perpetrated against mee and mine which was more then the King himselfe by his legall Prerogative ever could doe for neither by verball commands or commissions under the Great Seale of England he could ever give any lawfull authority to any Generall Captaine or person whatsoever without legall tri●ll and conviction forceibly to assault rob spoile or imprison any of the free Commoners of England and in case any free Commoner by such his illegall Commissions Orders or warrants before they be lawfully convicted should be assaulted spoiled plundered imprisoned c. in such cases his agents and ministers ought to be proceeded against resisted apprehended indicted and condemned notwithstanding such commissions as Trespassers Theeves Burglarers Felons Murderers both by Statute and common Law as is enacted and resolvd by Magna Charta cap. 29. 15. Eliz 3. stat 1. cap. 1 2 3 42 Eliz 5. cap. 1 3. 28. Eliz. 1. Artic. sup chartas cap. 2. 4. Eliz. 3. cap 4 5. Eliz. 3 cap. 2. 24 Eliz. 3. cap. 1. 2. Rich. 2. cap. 7. 5. Rich. 2. cap. 5. 1. Hen. 5. cap. 6. 11. Hen. 2. cap. 1. to 6. 24. Hen. 8. cap. 5. 21. Jacob. cap 3. And if the King himselfe have not this Arbitrary power much lesse may his Peeres or Companions the Lords over the free Commons of England And therefore notwithstanding such illegall censures and warrants either of King or of Lords no legall conviction being made the persons invaded and assaulted by such open force of Armes may lawfully arme themselves fortifie their Houses which are their Castles in the judgement of the Law against them yea disarme beat wound represse and kill them in their just necessary defence of their own persons houses goods wives and families and not be guilty of the least offence as is expresly resolved by the Statute of 21. Edw. de malefactoribus in parcis by 24. Hen. 8. cap. 5. 11. Hen. 6. 16. 14. Hen. 6. 24. 35. Hen. 6. 12. E. 4. 6. And therefore Sir as even by nature and by the Law of the Land I was bound I denyed subjection to these Lords and their arbit●●ry creatures thus by open force invading and assaulting my house person c. no legall conviction preceding or warrant then showen but and if they had brought and shewen a thousand such warrants they had all been illegall antimagisteriall void in this case for they have no legal power in that kind no more then the King but such their actions are utterly condemned and expresly forbidden by the Law Why therefore should you of the Representative Body sit still and suffer these Lords thus to devour both us and our Lawes Be awakned arise and consider their oppressions and encroachments and stop their Lord-ships in their ambitious carere for they do not cease only here but they soar higher higher now they are become arrogators to themselves of the natural Soveraignity the Represented have conveyed and issued to their proper Representors even challenge to themselves the tittle of the Supreamest Court of Judecature in the Land as was claimed by the Lord Hounsden when I was before them which you may see more at large in a printed letter published under my name intitled A Defiance c. which challenge of his I think I may be bold to assert was a most illegall Anti-parliamentary audacious presumpsion and might better be pleaded and challenged by the King singly then by all those Lords in a distinction from the Commons but it is more then may be granted to the King himselfe for the Parliament whole Kingdom whom it represents is truly and properly the highest Supream power of all others yea above the King himselfe And therefore much more above the Lords for they can question Cancell disanull and utterly revoake the Kings own Royall Charters Writs Commissions Pattents c. Though ratified with the Great Seale even agianst his personal wil as is evident by their late abrogation of sundry Patents Cōmissions writs Charters Lone Shipmony c. yea the body Representative have power to enlarge or retract the very prerogative of the King as the Statute de praerog Reg. and the Parliament Roll of 1. Hen. 4. num 18. doth evidence and therefore their power is larger and higher then the Kings and if above the Kings much more above the Lords who are subordinate to the King and if the Kings Writs Charters c. which intrench upon the weale of the People may be abrogated nul'd and made voide by the Parliament the Representateve body of the Land and his very prerogatives bounded restrained limited by them much more may the Orders Warrants Commitments c. of the Lords with their usurped prerogatives over the commons and People of England be restrained nul'd and made void by them and therefore these Lord● must needs be inferiour to them Further
the Legislative power is not in the King himselfe but only in the Kingdome and body Representative who hath power to make or to abrogate Lawes Statutes c. even without the Kings consent for by law he hath not a negative voyce either in making or reversing but by his own Coronation Oath he is sworne to grant fulfill and defend all rightfull Lawes which the COMMONS of the Realme shall chuse and to strengthen and maintain them after his power by which clause of the oath is evident that the Cōmons not the King or Lords have power to chuse what Lawes themselves shall judge meetest and thereto of necessity the King must assent and this is evident by most of our former Kings and Parliaments and especially by the staignes Edw. 1. 2. 3. 4. Rich 2 Hen. 4. 5. 6. So that it cannot be denied but that the King is subordinate and inferiour to the whole Kingdome and body Representative Therefore if the King much more must the Lords vaile their Bonets to the Commons and may not be esteemed the upper House or Supreame Court of Judicature of the Land So that seeing the Soveraigne power is not originally in the King or personally terminated in him then the King at most can be but chief Officer or supream executioner of the Lawes under whom all other legall executioners their severall executions functions and offices are subordinate for indeed the Representers in whom that power is inherent and from whence it takes its originall can only make conveyance thereof to their Representors vicegerents or Deputies and cannot possibly further extend it for so they should go beyond themselves wich is impossible for ultra posse 〈◊〉 〈◊〉 there is no being beyond the power of being That which goes beyond the substance and shaddow of a thing cannot possibly be the thing it selfe either substantially or vertually for that which is beyond the Representors is not representative and so not the Kingdomes or peoples either so much as in shaddow or substance Therefore the Soveraigne power extending no further then from the Represented to the Representors all this kind of Soveraynity challenged by any whither of King Lords or others i● usurpation illegitimate and illegall and none of the Kingdomes or Peoples neither are the People thereto obliged Thus Sir s●ing the Soveraigne or legislative power is only from the Represented to the Representors and cannot possibly legally further extend the power of the King cannot be Legislative but only executive and he can communicate no more then he hath himselfe and the Soveraigne power not being inherent in him it cannot be conveyed by or derived from him to any for could he he would have carried it away with him when he left the Parliament So that his meere prerogative creatures cannot have that which their Lord and creator never had hath or can have namely the Legislative power For it is a standing 〈◊〉 in nature omne simile generat simile every like begetteth its like and indeed they are as like him as if they were spit out of his mouth For their proper station will not content them but they must make incursions inroads upon the Peoples rights and freedomes and extend their prerogative pattent beyond their Masters compasse Indeed all other Courts might as well challenge that prerogative of Soveraignity yea better then this Court of Lords But and if any Court or Courts in this Kingdome should arrogate to themselves that dignity to be the supreame Court of Judicatory of the Land it would be judged no les then high Treason to wit for an inferiour subordinate power to advance and exalt it selfe above the power of the Parliament And Sir the oppressions usurpations and miseries from this prerogative Head are not the sole cause of our grievance and complaint but in especiall the most unnaturall tyranicall blood-thirsty desires and continuall endevours of the Clergy against the contrary minded in matters of conscience which have been so vailed guilded and covered over with such various faire and specious pretences that by the common discernings such woolseish canniball inhumaine intents against their neighbours kindred friends and countrymen as is now clearely discovered was little suspected and lesse deserved at their hands but now I suppose they will scarce hereafter be so hard of beliefe for now in plain termes and with open face the Clergy here discover themselves in their kind and shew plainly that inwardly they are no other but ravening wolves even as rearing Lyons wanting their pray going up and down seeking whom they may devour For Sir it seems these cruell minded men to their brethren have by the powerfull agitation of M. Taet and M Bacon two members of the House procured a most Romish inquisition Ordinance to obtain an admission into the House there to be twice read and to be referred to a Committee which is of such a nature if it should be but confirmed enacted and established as would draw all the innocent blood of the Saints from righteous Abel unto this present upon this Nation and fill the land with more Martyrdomes tyranies cruelties and oppressions then ever was in the bloody dayes of Queen Mary yea or ever before or since For I may boldly say that the people of this Nation never heard of such a diabollicall murthering devouring Ordinance Order Edict or Law in their Land as is that So that it may be truly said unto England wo to the inhabitants thereof for the Divell is come down unto you in the shape of the letter B. having great wrath because he knoweth he hath but a short time for never before was the like hear'd of in England the cruel villanous barbarous Martyrdomes murthers and butcherys of Gods People under the papall and Episcopall Clergy were not perpetated or acted by any Law so divelish cruell and inhumain as this therefoee what may the free People of England expect at the hands of their Presbyterian Clergy who thus discover themselves more firce and cruell then their fellowes Nothing but hanging burning branding imprisoning c. is like to be the reward of the most faithfull friends to the Kingdome and Parliament if the Clergy may be the disposers notwithstanding their constant magnanimity fidelity and good service both in the field and at home for them and the State But sure this Ordinance was never intended to pay the Souldiers their arears if it be the Independents are like to have the bast share let them take that for their comfort but I believe there was more Tyth providence then State thrift in the matter for if the Independents Anabaptissts and Brownists were but sinceerly addicted to the DVE PAYMENT of TYTHES it would be better to them in this case then two subsipy men to acquit them of Fellony For were it not for the losse of their Trade and spoyling their custome an Anabaptist Brownist Independent and Presbyter were all one to them then might they without doubt have the Mercy of the Clergy
then would they not have been entered into their Spanish Inquisition Calender for absolute Fellons or need they have feared the popish soule murthering Antichristian Oath of Ab●●●ation or branding in the left checke with the letter B. the new Presbyterian Mark of the Beast for you see the Devill is now againe entered amongst us in a new shape not like an Angell of light as both he and his servants can transforme themselves when they please but even in the shape of the letter B from the power of which Presbyterian Belzebub good Lord deliver us all and let al the People say Amen Then needed they not to have feared their Prisons their fire and faggot their gallowes and halters c. The strongest Texts in all the Presbyterian new moddle of Clergy divinity for the maintenance reverence of their cloth and confutation of errours for he that doth but so much as question that priest fatning-Ordinance for Tythes Oblations Obventions c. doth flatly deny the fundamentals of Presbytrie for it was the first stone they laid in their building and the second stone the prohibition of all to teach Gods word but themselves and so are ipso facto all Fellons c. By this Sir you may see what bloody minded men those of the black Presbytrie be what little love patience meeknes longsuffering and forbearance they have to their Brethren neither doe they as they would be done to or doe to others as is done to them for they would not be so served themselves of the Independents neither have the Independents ever sought or desired any such thing upon them but would beare with them in all brotherly love if they would be but contented to live peaceably and neighbourly by them and not thus to brand hang judge and condemne all for Fellons that are not like themselves Sure Sir you cannot take this murthering bloody disposition of theirs for the Spirit of Christianity for Christian charety suffers long is kind envieth not exalteth not it selfe secketh not its own is not easily provoked thinketh no evill beareth all things beleeveth all things hopeth all things endureth all things but these their desires and endevours are directly contrary Therefore Sir if you should suffer this bloody inroad of Martyrdome cruelties and tyranies upon the free Commoners of England with whose weale you are betrusted if you should be so inhumaine undutifull yea and unnaturall unto us our innocent blood will be upon you and all the blood of the righteous that shall be shed by this Ordinance and you will be branded to future generations for Englands bloody Parliament If you will not think upon us think upon your posterities for I cannot suppose that any one of you would have your children hang'd in case they should prove Independents Anabaptists Brownists I cannot judge you so unnaturall and inhumain to your own children therefore Sir if for our own sakes we shall not be protected save us for your childrens sakes though you think your selves secure for ye may be assured their and our interest is interwowne in one if wee perish they must not think to seape And Sir consider that the cruelties tyranies and Martyrdomes of the papall and episcopall Clergy was one of the greatest instigations to this most unnaturall warre and think you if you settle a worse foundation of cruelty that future generations will not tast of the dreags of that bitter cup Therefore now step in or never and discharge your duties to God and to us and tell us no longer that such motions are not yet seasonable and wee must still waite for have we not waited on your pleasures many faire seasons and precious occasions and opportunities these six yeares even till the Halters are ready to be tyed to the Gallowes and now must wee hold our peace and waite till wee be all imprisoned hang'd burnt and confounded Blame us not Sir if we complain against you speak write and plead thus with might and maine for our lives lawes and liberties for they are our earthly sumnum bonum wherewith you are chiefly betrusted whereof we desire a faithful discharge at your hands in especiall therefore be not you the men that shall betray the blood of us and our posterities into the hands of those bloody black executioners for God is just and wil avenge our blood at your hands and let Heaven and earth beat witnesse against you that for this end that we might be preserved and restored wee have discharged our duties to you both of love fidelity and assistance and in whatelse yee could demand or devise in all your severall needs necessities and extremities not thinking our lives estates nor any thing too precious to sacrifice for you and the Kingdomes safety and shall wee now be thus unfaithfully undutifully and ungratfully rewarded For shame let never such things be spoken far lesse recorded to future generations Thus Sir I have so farre enboldened my selfe with you hoping you will let greivances be uttered that if God see it good they may be redressed and give loosers leave to speake without offence as I am forced to at this time not only in the discharge of my duty to my selfe in particular but to your selves and to our whole Country in generall for the present and for our severall posterities for the future and the Lord give you grace to take this timely advice from so meane and unworthy an instrument One thing more Sir I shall be bold to crave at your hands that you would be pleased to present my Appeale here inclosed to your Honourable House perchance the manner of it may beget a disaffection in you or at least a suspition of disfavour from the House but howsoever I beseech you that you would make presentation thereof and if any hazard and danger ensue let it fall upon mee for I have cast up mine accounts I know the most that it can cost me is but the dissolution of this fading mortality which once must be dissolved but after blessed be God commeth righteous judgement Thus Sir hoping my earnest and fervent desires after the universall freedomes and properties of this Nation in generall and especially of the most godly and faithfull in their consciences persons and estates will be a sufficient excuse with you for this my tedious presumption upon your patience I shal commit the premisses to your deliberate thoughts and the issue thereof unto God expecting and praying for his blessing upon all your faithfull and honest endevours in the prosecution thereof And rest In Bonds for the just rights and freedoms of the Commons of England theirs and your faithfull friend and servant Richard Overton From the most contempteous Gaole of New-gate the Lords benediction Septem 25. 1646. To the high and mighty States the Knights Citizens and Burgesses in Parliament Assembled Englands legall Soveraigne power The humble Appeale and supplication of Richard Overton Prisoner in the most contemptible Goale of New gate Humbly sheweth THAT whereas your