An Arrow against all Tyrants

Richard Overton

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An Arrow against all Tyrants (1646).

An arrow against all tyrants and tyranny, shot from the prison of Newgateinto the prerogative bowels of the arbitrary House of Lords and all other usurpersand tyrants whatsoever. Wherein the original, rise, extent, and end of magisterialpower, the natural and national rights, freedoms and properties of mankindare discovered and undeniably maintained; the late oppressions and encroachmentsof the Lords over the commons legally (by the fundamental laws and statutesof this realm, as also by a memorable extract out of the records of the Towerof London) condemned; the late Presbyterian ordinance (invented and contrivedby the diviners, and by the motion of Mr Bacon and Mr Tate read in the Houseof Commons) examined, refuted, and exploded, as most inhumane, tyrannical andbarbarous

By Richard Overton

Prerogative archer to the arbitrary House of Lords, their prisoner in Newgate,for the just and legal properties, rights and freedoms of the commons of England.Sent by way of a letter from him, to Mr Henry Marten, a member of the Houseof 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 sold at the signof the Subject's Liberty, right opposite to Persecuting Court. 1646

An arrow against all tyrants and tyranny, shot from the prison of Newgateinto the prerogative bowels of the arbitrary House of Lords, and all otherusurpers and tyrants whatsoever

Sir,

To every individual in nature is given an individual property by nature notto be invaded or usurped by any. For every one, as he is himself, so he hasa self-propriety, else could he not be himself; and of this no second may presumeto deprive any of without manifest violation and affront to the very principlesof nature and of the rules of equity and justice between man and man. Mineand thine cannot be, except this be. No man has power over my rights and liberties,and I over no man's. I may be but an individual, enjoy my self and my self-proprietyand may right myself no more than my self, or presume any further; if I do,I am an encroacher and an invader upon another man's right to whichI have no right. For by natural birth all men are equally and alike born tolike propriety, liberty and freedom; and as we are delivered of God by thehand of nature into this world, every one with a natural, innate freedom andpropriety as it were writ in the table of every man's heart, neverto be obliterated even so are we to live, everyone equally and aliketo enjoy his birthright and privilege; even all whereof God by nature has madehim free.

And this by nature everyone's desire aims at and requires; for no man naturallywould be befooled of his liberty by his neighbour's craft or enslaved by hisneighbour's might. For it is nature's instinct to preserve itself from allthings hurtful and obnoxious; and this in nature is granted of all to be mostreasonable, equal and just: not to be rooted out of the kind, even of equalduration with the creature. And from this fountain or root all just human powerstake their original not immediately from God (as kings usually pleadtheir prerogative) but mediately by the hand of nature, as from the representedto the representers. For originally God has implanted them in the creature,and from the creature those powers immediately proceed and no further. Andno more may be communicated than stands for the better being, weal, or safetythereof. And this is man's prerogative and no further; so much and no moremay be given or received thereof: even so much as is conducent to a betterbeing, more safety and freedom, and no more. He that gives more, sins againsthis own flesh; and he that takes more is thief and robber to his kind everyman by nature being a king, priest and prophet in his own natural circuit andcompass, whereof no second may partake but by deputation, commission, and freeconsent from him whose natural right and freedom it is.

And thus sir and no otherwise are you instated into your sovereign capacityfor the free people of this nation. For their better being, discipline, government,propriety and safety have each of them communicated so much unto you (theirchosen ones) of their natural rights and powers, that you might thereby becometheir absolute commissioners and lawful deputies. But no more: that by contractionof those their several individual communications conferred upon and unitedin you, you alone might become their own natural, proper, sovereign power,therewith singly and only empowered for their several weals, safeties and freedoms,and no otherwise. For as by nature no man may abuse, beat, torment, or afflicthimself, so by nature no man may give that power to another, seeing he maynot do it himself; for no more can be communicated from the general than isincluded in the particulars whereof the general is compounded.

So that such, so deputed, are to the general no otherwise than as a school-masterto a particular to this or that man's family. For as such an one'smastership, ordering and regulating power is but by deputation andthat ad bene placitum and may be removed at the parents' or headmaster's pleasureupon neglect or abuse thereof, and be conferred upon another (no parents evergiving such an absolute unlimited power to such over their children as to doto them as they list, and not to be retracted, controlled, or restrained intheir exorbitances) even so and no otherwise is it with you our deputiesin respect of the general. It is in vain for you to think you have power overus to save us or destroy us at your pleasure, to do with us as you list, beit for our weal or be it for our woe, and not be enjoined in mercy to the oneor questioned in justice for the other. For the edge of your own argumentsagainst the king in this kind may be turned upon yourselves. For if for thesafety of the people he might in equity be opposed by you in his tyrannies,oppressions and cruelties, even so may you by the same rule of right reasonbe opposed by the people in general in the like cases of destruction and ruinby you upon them; for the safety of the people is the sovereign law, to whichall must become subject, and for the which all powers human are ordained bythem; for tyranny, oppression and cruelty whatsoever, and in whomsoever, isin itself unnatural, illegal, yea absolutely anti-magisterial; for it is evendestructive to all human civil society, and therefore resistible.

Now sir, the commons of this nation, having empowered their body representative(whereof you are one) with their own absolute sovereignty, thereby authoritativelyand legally to remove from amongst them all oppressions and tyrannies, oppressorsand tyrants how great soever in name, place, or dignity andto protect, safeguard and defend them from all such unnatural monsters, vipersand pests, bred of corruption or which are intruded amongst them; and as muchas in them lies to prevent all such for the future. And to that end you havebeen assisted with our lives and fortunes most liberally and freely with mostvictorious and happy success, whereby your arms are strengthened with our might,that now you may make us all happy within the confines of this nation if youplease. And therefore sir, in reason, equity and justice we deserve no lessat your hands.

And (sir) let it not seem strange unto you that we are thus bold with youfor our own. For by nature we are the sons of Adam, and from him have legitimatelyderived a natural propriety, right and freedom, which only we require. Andhow in equity you can deny us we cannot see. It is but the just rights andprerogative of mankind (whereunto the people of England are heirs apparentas 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 do, it will be as little safefor yourselves and posterity as for us and our posterity. For sir, look: whatbondage, thraldom, or tyranny soever you settle upon us, you certainly, oryour posterity will taste of the dregs. If by your present policy and (abused)might, you chance to ward it from yourselves in particular, yet your posterity dowhat you can will be liable to the hazard thereof.

And therefore sir we desire your help for your own sakes as well as for ourselves,chiefly for the removal of two most insufferable evils daily encroaching andincreasing upon us, portending and threatening inevitable destruction and confusionof yourselves, of us, and of all our posterities: namely the encroachmentsand usurpations of the House of Lords over the commons' liberties and freedoms,together with the barbarous, inhuman, blood-thirsty desires and endeavoursof the Presbyterian clergy.

For the first, namely the exorbitances of the Lords: they are to such an heightaspired, that contrary to all precedents, the free commoners of England areimprisoned, fined and condemned by them (their incompetent, illegal, unequal,improper judges) against the express letter of Magna Carta chapter 29 (so oftenurged and used): that no free man of England 'shall be passed upon, tried,or condemned, but by the lawful judgement of his equals, or by the law of theland', which, as says Sir Edward Coke in his exposition of Magna Carta, p.28, last line, is tper pares, by his peers, that is, by his equals'. And page46, branches 1, 2 and 5, in these words:

1. That no man be taken or imprisoned, but per legem terrae, that is by thecommon law, statute law, or custom of England. For these words, per legem terraebeing towards the end of this chapter, do refer to all the pretended mattersin this chapter; and this has the first place, because the liberty of a man'sperson is more precious to him than all the rest that follow; and thereforeit is great reason that he should by law be relieved therein, if he be wronged,as hereafter shall be showed.

2. No man shall be disseised, that is, put out of seisin, or dispossessedof his freehold (that is, lands or livelihood) or of his liberties or freecustoms (that is, of such franchises and freedoms, and free customs, as belongto him by his free birthright) unless it be by the lawful judgement, that isverdict of his equals (that is of men of his own condition) or by the law ofthe land (that is, to speak it once for all) by the due course and processesof law.

3. No man shall be in any sort destroyed unless it be by the verdict of hisequals or according to the law of the land.

And, chapter 29 of Magna Carta, it is said, 'secundum legem et consuetudinemAngliae' (after the law and custom of England) 'non regis Angliae' (not ofthe king of England) 'lest it might be thought to bind the king only,nec populi Angliae, not the people of England; 'but that the law might tendto all, it is said, per legem terra, by the law of the land'.

'Against this ancient and fundamental law, and in the very face thereof, saysSir Edward Coke, he found an act of the parliament made in the 11 Hen. VIIcap. 3: that as well Justices of the Peace, without any finding or presentmentby the verdict of twelve men, upon the bare information for the king beforethem should have full power and authority by their discretions to hearand determine all offences and contempts committed or done by any person orpersons against the form, ordinance, and effect of any statute made and notrepealed. By colour of which act, shaking this fundamental law, it is not credible(says he) what horrible oppressions and exactions to the undoing ofinfinite numbers of people were committed by Sir Richard Empson, Knight,and Edmund Dudley, being Justices of the Peace through England; and upon thisunjust and injurious act (as commonly in the like cases it falls out) a newoffice was erected, and they made Masters of the King's Forfeitures.

But at the parliament held in 1 Hen. VIII (cap. 6), this Act of Henry VIIis recited, made void and repealed; and the reason thereof is yielded: forthat by force of the said act it was manifestly known that many sinister, crafty,and forged informations had been pursued against divers of the king's subjects,to their great damage and unspeakable vexation a thing most frequentand usual at this day and in these times the ill success whereof, togetherwith the most fearful end of these great oppressors, should deter others fromcommitting the like and should admonish parliaments in the future, that insteadof this ordinary and precious trial per legem terra they bring not in an absoluteand partial trial by discretion.

And to this end the judgement upon Simon de Beresford, a commoner, in thefourth year of Edward III's reign, is an excellent precedent for these times(as is to be seen upon record in the Tower in the second roll of parliamentheld the same year of the said king and delivered into the Chancery by Henryde Edenston, Clerk of the Parliament) for that the said Simon de Beresfordhaving counselled, aided and assisted Roger de Mortimer to the murder of thefather of the said king, the king commanded the earls and barons in the saidparliament assembled to give right and lawful judgement unto the said Simonde Beresford. But the earls, barons and peers came before the lord the kingin the same parliament and said with one voice that the aforesaid Simon wasnot their peer or equal, wherefore they were not bound to judge him as a peerof the land. Yet notwithstanding all this, the earls, barons and peers (beingover-swayed by the king) did award and adjudge (as judges of parliament, bythe assent of the king in the said parliament) that the said Simon as a traitorand enemy of the realm should be hanged and drawn; and execution accordinglywas done. But as by the said roll appears, it was by full parliament condemnedand adjudged as illegal, and as a precedent not to be drawn into example. Thewords of the said roll are these, viz.

And it is assented and agreed by our lord the king and all the grandees infull parliament: that albeit the said peers as judges in full parliament tookupon them in presence of our lord the king to make and give the said judgementby the assent of the king upon some of them that were not their peers (to witcommoners) by reason of the power of the liege lord, and destruction of himwhich was so near of the blood royal and the king's father; that thereforethe 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 than upon their peers,nor shall do it; but of that for ever be discharged and acquitted; and thatthe aforesaid judgement now given be not drawn into example or consequent forthe time to come, by which the said peers may be charged hereafter to judgeothers than their peers, being against the law of the land, if any such casehappen, which God defend.

Agrees with the Record. William Collet.

But notwithstanding all this our lords in parliament take upon them as judgesin parliament to pass judgement and sentence (even of themselves) upon thecommoners which are not their peers and that to fining, imprisonment,etc. And this doth not only content them, but they even send forth their armedmen, and beset, invade, assault their houses and persons in a warlike mannerand take what plunder they please, before so much as any of their pretended,illegal warrants be showed as was lately upon 11 August 1646 perpetratedagainst me and mine, which was more than the king himself by his legal prerogativeever could do. For neither by verbal commands or commissions under the GreatSeal of England could he ever give any lawful authority to any general, captainor person whatsoever, without legal trial and conviction, forcibly to assault,rob, spoil or imprison any of the free commoners of England. And in case anyfree commoner by such his illegal commissions, orders or warrants, before theybe lawfully convicted, should be assaulted, spoiled, plundered, imprisoned,etc., in such cases his agents and ministers ought to be proceeded against,resisted, apprehended, indicted and condemned (notwithstanding such commissions)as trespassers, thieves, burglars, felons, murderers, both by statute and commonlaw, as is enacted and resolved by Magna Carta, cap. 29; 15 Eliz. 3 stat. 1.caps. 1, 2, 3; 42 Eliz. 5 cap. 1, 13; 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 II cap. 7;5 Rich. II cap. 5; 1 Hen V cap. 6; 11 Hen II caps. 1-6; 24 Hen. VIII cap. 5;21 Jacob. cap. 3.

And if the king himself have not this arbitrary power, much less may his peersor companions, the lords, over the free commons of England. And therefore notwithstandingsuch illegal censures and warrants either of king or of Lords (no legal convictionbeing made) the persons invaded and assaulted by such open force of arms maylawfully arm themselves, fortify their houses (which are their castles in thejudgement of the law) against them; yea, disarm, beat, wound, repress and killthem in their just necessary defence of their own persons, houses, goods, wivesand families, and not be guilty of the least offence as is expresslyresolved by the Statute of 21 Edw. de malefactoribus in parcis; by 24 Hen.VIII cap. 5; 11 Hen. VI cap. 16; 14 Hen. VI cap. 24; 35 Hen. VI cap. 12; EdwardIV cap. 6.

And therefore (sir) as even by nature and by the law of the land I was bound,I denied subjection to these lords and their arbitrary creatures thus by openforce invading and assaulting my house, person, etc. no legal convictionpreceding, or warrant then shown. But and if they had brought and shown a thousandsuch warrants, they had all been illegal, antimagisterial and void in thiscase; for they have no legal power in that kind, no more than the king, butsuch their actions are utterly condemned and expressly forbidden by the law.Why therefore should you of the representative body sit still and suffer theselords thus to devour both us and our laws?

Be awakened, arise and consider their oppressions and encroachments and stoptheir lordships in their ambitious career. For they do not cease only here,but they soar higher and higher and now they are become arrogators to themselvesof the natural sovereignty the represented have conveyed and issued to theirproper representers. They even challenge to themselves the title of the supremestcourt of judicature in the land as was claimed by the Lord Hunsdenwhen I was before them, which you may see more at large in a printed letterpublished under my name, entitled A defiance against all arbitrary usurpations whichchallenge of his (I think I may be bold to assert) was a most illegal, anti-parliamentary,audacious presumption, and might better be pleaded and challenged by the kingsingly than by all those lords in a distinction from the Commons. But it ismore than may be granted to the king himself; for the parliament, and the wholekingdom whom it represents, is truly and properly the highest supreme powerof all others yea above the king himself.

And therefore much more above the Lords. For they can question, cancel, disannuland utterly revoke the king's own royal charters, writs, commissions, patents,etc., though ratified with the Great Seal even against his personalwill, as is evident by their late abrogation of sundry patents, commissions,writs, charters, loan, ship-money etc. Yea the body representative have powerto enlarge or retract the very prerogative of the king, as the Statute de prerog.Reg. and the parliament roll of 1 Hen. IV, num. 18. doth evidence; and thereforetheir power is larger and higher than the king's; and if above the king's,much more above the Lords', who are subordinate to the king. And if the king'swrits, charters, etc. which entrench upon the weal of the people may be abrogated,nulled and made void by the parliament the representative body of theland and his very prerogatives bounded, restrained and limited by them,much more may the orders, warrants, commitments etc. of the Lords, with theirusurped prerogatives over the Commons and people of England be restrained,nulled and made void by them. And therefore these lords must needs be inferiorto them.

Further, the legislative power is not in the king himself but only in thekingdom and body representative, who has power to make or to abrogate laws,statutes etc. even without the king's consent. For by law he has not a negativevoice either in making or reversing, but by his own coronation oath he is swornto 'grant, fulfil, and defend all rightful laws, which the commons of the realmshall choose, and to strengthen and maintain them after his power'; by whichclause of the oath is evident that the Commons (not the king or Lords) havepower to choose what laws themselves shall judge meetest, and thereto of necessitythe king must assent. And this is evident by most of our former kings and parliaments,and especially by the reigns of the Edwards I to IV, Richard II and the HenrysIV to VI. So that it cannot be denied but that the king is subordinate andinferior to the whole kingdom and body representative. Therefore if the king,much more must the lords veil their bonnets to the Commons and may not be esteemedthe Upper House, or supreme court of judicature of the land.

So that seeing the sovereign power is not originally in the king, or personallyterminated in him, then the king at most can be but chief officer or supremeexecutioner of the laws, under whom all other legal executioners, their severalexecutions, functions and offices are subordinate; for indeed the representers(in whom that power is inherent and from whence it takes its original) canonly make conveyance thereof to their representers, vicegerents or deputies,and cannot possibly further extend it. For so they should go beyond themselves,which is impossible, for ultra posse non est esse: there is no being beyondthe power of being. That which goes beyond the substance and shadow of a thingcannot possibly be the thing itself either substantially or virtually; forthat which is beyond the representers is not representative, and so not thekingdom's or people's, either so much as in shadow or substance.

Therefore the sovereign power, extending no further than from the representedto the representers all this kind of sovereignty challenged by any(whether of king, Lords or others) is usurpation, illegitimate and illegal,and none of the kingdom's or people's. Neither are the people thereto obliged.Thus (sir) seeing the sovereign or legislative power is only from the representedto the representers, and cannot possibly legally further extend, the powerof the king cannot be legislative but only executive, and he can communicateno more than he has himself. And the sovereign power not being inherent inhim, it cannot be conveyed by or derived from him to any; for could he, hewould have carried it away with him when he left the parliament. So that hismere prerogative creatures cannot have that which their lord and creator neverhad, has, or can have: namely, the legislative power. For it is a standingrule in nature, omne simile generas simile: every like begets its like.

And indeed they are as like him as if they were spit out of his mouth. Fortheir proper station will not content them, but they must make incursions andinroads upon the people's rights and freedoms and extend their prerogativepatent beyond their master's compass. Indeed all other courts might as wellchallenge that prerogative of sovereignty, yea better, than this court of lords.But and if any court or courts in this kingdom should arrogate to themselvesthat dignity to be the supreme court of judicatory of the land, it would bejudged no less than high treason, to wit, for an inferior subordinate powerto advance and exalt itself above the power of the parliament.

And (sir) the oppressions, usurpations, and miseries from this prerogativehead are not the sole cause of our grievance and complaint, but in especial,the most unnatural, tyrannical, blood-thirsty desires and continual endeavoursof the clergy against the contrary-minded in matters of conscience whichhave been so veiled, gilded and covered over with such various, fair and speciouspretences that by the common discernings such wolfish, cannibal, inhuman intentsagainst their neighbours, kindred, friends and countrymen, as is now clearlydiscovered was little suspected (and less deserved) at their hands. But nowI suppose they will scarce hereafter be so hard of belief. For now in plainterms and with open face, the clergy here discover themselves in their kind,and show plainly that inwardly they are no other but ravening wolves, evenas roaring lions wanting their prey, going up and down, seeking whom they maydevour.

For (sir) it seems these cruel minded men to their brethren, have, by thepowerful agitation of Mr Tate and Mr Bacon (two members of the House) procureda 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 sucha nature, if it should be but confirmed, enacted and established, as woulddraw all the innocent blood of the saints from righteous Abel unto this presentupon this nation and fill the land with more martyrdoms, tyrannies, crueltiesand oppressions than ever was in the bloody days of Queen Mary, yea or everbefore, or since. For I may boldly say that the people of this nation neverheard of such a diabolical, murdering, devouring ordinance, order, edict orlaw in their land as is that.

So that it may be truly said unto England: 'Woe to the inhabitants thereof,for the devil is come down unto you (in the shape of the letter B.) havinggreat wrath, because he knows he has but a short time.' For never before wasthe like heard of in England. The cruel, villainous, barbarous martyrdoms,murders and butcheries of God's people under the papal and episcopal clergywere not perpetrated or acted by any law so devilish, cruel and inhumane asthis. Therefore what may the free people of England expect at the hands oftheir Presbyterian clergy, who thus discover themselves more fierce and cruelthan their fellows? Nothing but hanging, burning, branding, imprisoning, etc.is like to be the reward of the most faithful friends to the kingdom and parliamentif 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 soldiers their arrears.If it be, the Independents are like to have the best share, let them take thatfor their comfort. But I believe there was more tithe-providence than state-thriftin the matter; for if the Independents, Anabaptists, and Brownists were butsincerely addicted to the due payment of tithes, it would be better to themin this case than two-subsidy-men to acquit them of felony.

For were it not for the loss of their trade and spoiling their custom, anAnabaptist, Brownist, Independent and presbyter were all one to them; thenmight they without doubt have the mercy of the clergy; then would they nothave been entered into their Spanish Inquisition Calendar for absolute felons,or need they have feared the popish soul-murdering, antiChristian Oath of Abjuration,or branding in the left cheek with the letter B the new Presbyterianmark of the beast: for you see the devil is now again entered amongst us ina new shape, not like an angel of light (as both he and his servants can transformthemselves when they please) but even in the shape of the letter B. From thepower of which Presbyterian Beelzebub, good Lord deliver us all and let allthe people say Amen. Then needed they not to have feared their prisons, theirfire and faggot, their gallows and halters, etc. (the strongest texts in allthe Presbyterian new model of clergy divinity for the maintenance and reverenceof their cloth, and confutation of errors). For he that doth but so much asquestion that priest-fattening ordinance for tithes, oblations, obventions,etc. doth flatly deny the fundamentals of presbyters, for it was the firststone they laid in their building; and the second stone was the prohibitionof all to teach God's word but themselves and so are ipso facto allfelons etc.

By this (sir) you may see what bloody-minded men those of the black presbyterybe: what little love, patience, meekness, longsuffering and forbearance theyhave to their brethren. Neither do they as they would be done to or do to othersas 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 things upon them,but would bear with them in all brotherly love if they would be but contentedto live peaceably and neighbourly by them, and not thus to brand, hang, judgeand condemn all for felons that are not like themselves. Sure (sir) you cannottake this murdering, bloody, disposition of theirs for the spirit of Christianity;for Christian charity 'suffers long, is kind, envieth not, exalteth not itself,seeketh not its own, is not easily provoked, thinketh no evil; beareth allthings, believeth all things, hopeth all things, endureth all things'. Butthese their desires and endeavours are directly contrary.

Therefore (sir) if you should suffer this bloody inroad of martyrdom, crueltiesand tyrannies upon the free commoners of England with whose weal you are betrusted;if you should be so inhumane, undutiful, yea and unnatural unto us, our innocentblood will be upon you, and all the blood of the righteous that shall be shedby this ordinance, and you will be branded to future generations for England'sBloody Parliament.

If you will not think upon us, think upon your posterities. For I cannot supposethat any one of you would have your children hanged in case they should proveIndependents, Anabaptists, Brownists I cannot judge you so unnaturaland inhumane to your own children. Therefore (sir) if for our own sakes weshall not be protected, save us for your children's sakes (though you thinkyourselves secure). For ye may be assured their and our interest is interwovenin one; if we perish, they must not think to escape. And (sir) consider thatthe cruelties, tyrannies and martyrdoms of the papal and episcopal clergy wasone of the greatest instigations to this most unnatural war; and think you,if you settle a worse foundation of cruelty, that future generations will nottaste of the dregs of that bitter cup?

Therefore now step in or never, and discharge your duties to God and to usand tell us no longer that 'such motions are not yet seasonable' and we muststill wait; for have we not waited on your pleasures many fair seasons andprecious occasions and opportunities these six years, even till the haltersare ready to be tied to the gallows, and now must we hold our peace and waittill we be all imprisoned, hanged, burnt and confounded?

Blame us not (sir) if we complain against you speak, write and pleadthus with might and main for our lives, laws and liberties; for theyare our earthly summum bonum, wherewith you are chiefly betrusted, and whereofwe desire a faithful discharge at your hands in especial. Therefore be notyou the men that shall betray the blood of us and our posterities into thehands of those bloody black executioners. For God is just and will avenge ourblood at your hands. And let heaven and earth bear witness against you, thatfor this end, that we might be preserved and restored, we have discharged ourduties to you both of love, fidelity and assistance and in what elseye could demand or devise in all your several needs, necessities and extremities notthinking our lives, estates, nor anything too precious to sacrifice for youand the kingdom's safety. And shall we now be thus unfaithfully, undutifullyand ungratefully rewarded? For shame. Let never such things be spoken, farless recorded, to future generations.

Thus sir, I have so far emboldened myself with you, hoping you will let grievancesbe uttered (that if God see it good they may be redressed), and give losersleave to speak without offence as I am forced to at this time, not only inthe discharge of my duty to myself in particular but to yourselves and to ourwhole country in general for the present and for our several posterities forthe future. And the Lord give you grace to take this timely advice from somean and unworthy an instrument.

One thing more (sir) I shall be bold to crave at your hands: that you wouldbe pleased to present my appeal, here enclosed, to your honourable House. Perchancethe manner of it may beget a disaffection in you or at least a suspicion ofdisfavour from the House. But howsoever I beseech you that you would make presentationthereof, and if any hazard and danger ensue let it fall upon me; for I havecast up mine accounts. I know the most that it can cost me is but the dissolutionof this fading mortality, which once must be dissolved; but after blessedbe God comes righteous judgement.

Thus (sir) hoping my earnest and fervent desires after the universal freedomsand properties of this nation in general, and especially of the most godlyand faithful in their consciences, persons and estates, will be a sufficientexcuse with you for this my tedious presumption upon your patience, I shallcommit the premises to your deliberate thoughts and the issue thereofunto God, expecting and praying for His blessing upon all your faithful andhonest endeavours in the prosecution thereof. And rest,

From the most contemptuous gaol of Newgate (the Lords' benediction)

25 September 1646

In bonds for the just rights and freedoms of the commons of England, theirsand your faithful friend and servant, Richard Overton

To the high and mighty states, the knights, citizens and burgesses in parliamentassembled (England's legal sovereign power). The humble appeal and supplicationof Richard Overton, prisoner in the most contemptible gaol of Newgate.

Humbly shows,

That whereas your petitioner, under the pretence of a criminal fact beingin a warlike manner brought before the House of Lords to be tried, and by themput to answer to interrogatories concerning himself both which yourpetitioner humbly conceives to be illegal, and contrary to the natural rights,freedoms and properties of the free commoners of England (confirmed to themby Magna Carta, the Petition of Right and the Act for the abolishment of theStar Chamber) he therefore was emboldened to refuse subjection to thesaid House both in the one and the other, expressing his resolution beforethem that he would not infringe the private rights and properties of himselfor of any one commoner in particular, or the common rights and properties ofthis nation in general. For which your petitioner was by them adjudged contemptuous,and by an order from the said House was therefore committed to the gaol ofNewgate, where, from the 11 of August 1646 to this present he has lain, andthere commanded to be kept till their pleasures shall be further signified(as a copy of the said order hereunto annexed doth declare) which may be perpetualif they please, and may have their wills. For your petitioner humbly conceivesas hereby he is made a prisoner to their wills, not to the law excepttheir wills may be a law.

Wherefore your liege petitioner doth make his humble appeal unto this mostsovereign House (as to the highest court of judicatory in the land, whereinall the appeals thereof are to centre and beyond which none can legally bemade) humbly craving (both in testimony of his acknowledgement of its legalregality and of his due submission thereunto) that your honours therein assembledwould take his cause (and in his, the cause of all the free commoners of England,whom you represent and for whom you sit) into your serious consideration andlegal determination, that he may either by the mercy of the law be repossessedof his just liberty and freedoms and thereby the whole commons of Englandof theirs, thus unjustly (as he humbly conceives) usurped and invaded by theHouse of Lords with due reparations of all such damages to sustained,or else that he may undergo what penalty shall in equity by the impartial severityof the law be adjudged against him by this honourable House in case by themhe shall be legally found a transgressor herein.

And your petitioner (as in duty bound) shall ever pray, etc.

Die martis 11 Augusti, 1646

It is this day ordered by the Lords in parliament assembled, that Overton,brought before a committee of this House for printing scandalous things againstthis House, is hereby committed to the prison of Newgate for his high contemptoffered to this House and to the said committee by his contemptuous words andgesture, and refusing to answer unto the Speaker. And that the said Overtonshall be kept in safe custody by the Keeper of Newgate or his deputy untilthe pleasure of the House be further signified.

To the Gentleman Usher attending this House, or his deputy, to be deliveredto the Keeper of Newgate or his deputy John Brown Cleric. Parl. Examinat. perRa. Brisco Clericu. de Newgate

Postscript

Sir,

Your unseasonable absence from the House, chiefly while Mistress Lilburne'spetition should have been read (you having a report to make in her husband'sbehalf) whereby the hearing thereof was deferred and retarded did possess mymind with strong jealousies and fears of you that you either preferred yourown pleasure or private interest before the execution of justice and judgement,or else withdrew yourself on set purpose (through the strong instigation ofthe Lords) to evade the discharge of your trust to God and to your country.But at your return, understanding that you honestly and faithfully did redeemyour absent time, I was dispossessed of those fears and jealousies. So thatfor my over-hasty censorious esteem of you I humbly crave your excuse, hopingyou will rather impute it to the fervency of my faithful zeal to the commongood than to any malignant disposition or disaffection in me towards you. Yet(sir) in this my suspicion I was not single, for it was even become a generalsurmise.

Wherefore (sir) for the awarding your innocency for the future from the tinctureof such unjust and calumnious suspicions, be you diligent and faithful, instantin season and out of season; omit no opportunity (though with never so muchhazard to your person, estate or family) to discharge the great trust in youreposed, with the rest of your fellow members, for the redemption of your nativecountry from the arbitrary domination and usurpations, either of the Houseof Lords or any other.

And since by the divine providence of God it has pleased that honourable assemblywhereof you are a member to select and sever you out from amongst themselvesto be of that committee which they have ordained to receive the commoners'complaints against the House of Lords granted upon the foresaid most honourablepetition, be you therefore impartial and just, active and resolute, care neitherfor favours nor smiles, and be no respecter of persons. Let not the greatestpeers in the land be more respected with you than so many old bellows-menders,broom-men, cobblers, tinkers, or chimney-sweepers, who are all equally freebornwith the hugest men and loftiest Anakims in the land. Do nothing for favourof the one or fear of the other. And have a care of the temporary sagacityof the new sect of opportunity politicians, whereof we have got at least twoor three too many. For delays and demurrers of justice are of more deceitfuland dangerous consequence than the flat and open denial of its execution; forthe one keeps in suspense, makes negligent and remiss, the other provokes tospeedy defence, makes active and resolute. Therefore be wise, quick, stoutand impartial: neither spare, favour, or connive at friend or foe, high orlow, rich or poor, lord or commoner.

And let even the saying of the Lord, with which I will close this presentdiscourse, close with your heart and be with you to the death. Leviticus 19:15.'Ye shall do no unrighteousness in judgement: thou shall not respect the personof the poor, nor honour the person of the mighty, but in righteousness shaltthou judge thy neighbour.'

12 October 1646

FINIS

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An Arrow against all Tyrants (1646).