A Defiance to Tyrants. OR THE arraignment OF TWO illegal COMMITTEES. viz. The close Committee of Lords and Commons appointed ro examine the London Agents. And the Committee of Plundered Ministers.  
In two Pleas Made by L. C. JOHN LILBVRNE Prerogative Prisoner in the Tower of London.  
Wherein is clearly Declared the unjustness, arbitrariness, and absolute unlawfulness of the late Proceedings of that close Committee of Lords and Commons against the said London Agents.  
AND ALSO, Proving all the proceedings of the Committee of Plundered Ministers in summoning and imprisoning several Citizens of London, for refusing to pay tithes, to bee an absolute subversion of the fundamental laws of the Land, and Treason of as high a nature as any the earl of Strafford lost his head for; They making their Will a Law unto the kingdom; There being no Law at all in the kingdom, whereby the London-Priests can claim tithes, or recover them from any of their parishioners.  
LONDON, Printed for the information of all men, that are not willing to be Priest-ridden and to be slaves to tyranny and oppression, Jan. 1648.   

A PLEA Made by L. Col. John LILBVRNE, Prerogative Prisoner in the Tower of London, the second of Decem. 1647. Against the proceedings of the close and illegal Committee, of Lords and Commons appointed to examine these that are called London Agents, with divers large additions; unto which is annexed-a Plea for the said Citizens of London against the Committee for plundered Ministers, for their illegal imprisoning them for refusing to pay Tithes.  
ALL Magistracy in England, is bounded by the known and declared Law of England 
a See the Petition of right and Sr. Edw cook, 4. part ●nstitutes, Chap. high Court of Parliament.  and while they Act according to Law, I am bound to obey them, but when they leave the rules thereof, and walk by the arbitrary rules of their own wills, they do not act as Magistrates, but as 
b See King james his speeches the Parl. at Wh●● Hall. 1●●9. and 1 p. book Decl. p. 150. & my Book called the out cry of oppressed Commons. p. 16. 17. 18, and my Epistle to Mr. Martin of the 31. May. 1647. called Rash Oaths & p. 56.  Tyrants, and cannot in such actings challenge any obedience, neither am I bound to yield it, but am tied in conscience and duty to myself and my native country therein to resist and withstand them, and if their Officers go about by force and violence to compel me to obey and stoop unto their arbitra●y and illegal command; I may, and ought,( if I will be true to my native and legal freedoms) by force to withstand him or them, in the same manner that I may withstand a man that comes to rob my house, or as I may withstand a man, that upon the high way by force and violence would take my purse or life from me.  
And therefore all Warrants coming from any pretended or real Committees of Lords and Commons to command me before them, that are not formed according to the Law of England, I ought not to obey, but withstand and resist upon pain of being by all the unbiased understanding men of England esteemed a betrayer and destroyer of the laws and liberties of England, for the preservation of which I ought to contest as Naboth did with King Ahab for his vineyard, 1 King. 21. 2, 3, 4, 13. And by the Law of England, no warrant or precesse ought to issue out to summon up any man to any Court of Iustice of England whatsoever, till a complains by a certain prosecutor be filled or exhibited, in that Court of justice, from whence the warrant, process or Summons comes, which warrant, process, or Summons ought expressly to contain the Nature of the Cause to which I am to answer, 
c See cook 2 part institute● upon the 29. Chap. of Magna Charta. fo. 52. 53. & 590. 591. & regal tyranny, p. 78. 79. 80. 81. & vox plebis, p. 37. & my plea before Mr. martin of the sixth. Nov. 1646. called an anatomy of the Lords tyranny, p. 5. 7. 8.  and the name of my prosecutor or complainants, or else it is not legal, and so not binding, but may and ought to be resi●●ed by me, and the Court must be sure to have legal jurisdiction over the causes.  
Secondly, All the Capacities that either the house of Commons or Lords can sit in, is.  
First, either as a council, and so are to be close,( and for any man whatsoever in that capacity to come, or offer to come in amongst them, that do not belong unto them, is unwarrantable, and so punishable 
d See Cooks 2 part. instl. fol. 103. 104. & 4 part insti. Chap. High Court of Parlm. and the book called the manner of holding Parlmes. Mr. Prime relation of the trial of Coll. Nath. Fin●s, p. 13. & rega●● tyranny. p. 82. 83.  or else,  
Secondly, as a Court of justice, to try and examine men in criminal causes, and in this capacity they or any of their Committees ought always to Sit open, for all peaceable men freely to behold and see, 
e See 2 part institutes, fol. 103. 104. & my Book called the resolved mans resolution, p. 56 and regal tyranny p 81. 82, 83. and Mr. Prims relalation of Col. Nath. Finis his trial. p. 11, 12, 13.  or else I am not bound to go to any trial with them, or answer them a word, and therefore in this sense most illegal is the close Committee of Lords and Commons, for examining those( they call) London Agents, or any other whatsoever.  
And, Thirdly, that close Committee is most illegal, being a mixture of Lords with Commons, seeing the Lords are none of their or my Peers and equal by Law, and so cannot; nor ought not to be there to be my examiners, triers, or Iudges, and a traitor I am to the laws and liberties of England, if I stoop or submit to the Iu●sdiction or power of such a mixed Committee. 
f See my grand plea and my letter 11. Nov, 1647 to every Indviduall Member of the house of Commons. See Sr. Edw. Cooks exposition of the 14 and 29 Chap. of Magna Charta in his 2 part institutes & regal tyranny p. 43, 44, 72, 73, 74, 85, 86. & vox plebis p. 38. 39, 40, 41. 42, and my apistle to the L. of the Tower the 30. Ian. 1646. called the oppressed mans opressions declared pa. 17, 18, 19.   
Thirdly, it is contrary to Law, and expressly against the Petition of right, either for this Committee of Lords and Commons; or any other Court of Iustice or Committee whatsoever, to force me or any man to answer to interrogatories against myself, or my near relations  
Fourthly, Neither can they legally go about to try or punish thee for any crime that is triable or punishable at Common Law. 
g See vox plebis p. 38. my Anatomy of the Lords tyranny. p. 10. and Thompsons plea against Marshall Law.   
Fifthly, and if in case there be no Law exta●t to punish their pretended London Agents for doing their duty in prosecuting those just things, that the Parl. hath often declared is the right and due, of all the free men in England, they ought to go free from punishment; for where there is no Law there can( saith the Apostle Paul) be no transgression 
h Rom. 4.15. Englands birth-right p. 1, 2, 3, 4. & the resolved mans resolution p. 24, 25, 26.  but if that Committee or any other power in England shall Commit me, or any Commoner in England to prison for disobeying their illegal and Arbitary Orders, it is more then by Law they can do; neither ought I to go to prison, but by force and violence( which I cannot resist) and I ought to see that the warrant be legal in the form of ●t, that is to say, that it be under hand and seal, and that he or they in law, have power to Commit me, and that the warrant contain the express cause wherefore I am Committed, and also have a lawful conclusion, viz: and him safely to keep until he be delivered by due course of Law, and not during the pleasure of this house or Committee, or till this house or Cooumittee do further Order 
i See the proves in the third marginal note at the leter● c.  and I may & ought to red the Warrant, and to have a copy of it, if I demand it, without paying any thing for it; and if I be Committed for any Crime not mentioned in the Statute of Ed. 3. Cap. 15. 
k which Statute you may red before p 6 & take notice of this, that all misdemeanours whatsoever are bailable.  I am Bail●ble, which I may and ought to tender in person to the parties that Commit me, either( if I have them by me) before I go to prison, or else at soon as I am in prison, or as soon as I can conveniently get fit bail for me; and in Case I be legally Committed, both for power Mattet and form, and be kept in prison after I have proffered ●aile( as before) I may bring my action of false imprisonmont and recover damages therefore: but besides know this, that there is not one farthing token due to the sergeant at arms or any other Officer whatsoever, that carries me, to prison, neither is there one penny due to any gaoler whatsoever for fees from me but one bare gro●●e at most; 
l See the 3 E 1 Chap. 26 & 4 E. 3, 10, & 23. H. 6, 10 & Rast. plea fo. 31 7. vox plebis p. 55, ●●, 57, & my late Epistle to Col. West late Leift of the Tower called the oppressed mans oppression declared p. 3, 4. 1 part Cooks insti. Lib. 3, chap. 13, Sect, 701. fol. 368. where he positively declares is was the native and ancient rights of all English men, both by the statute and common Law of England, to pay no fees at all to any administrators of Iustice whatsoever, or any clerk or officer whatsoever, officiating under them, who were onely to receive there Fees, Wages, and salaries of the King, out of the public treasure. See also a part institutes fol. 74. 209, 210. the public treasure of the kingdom being betrusted with the King for that and such ends: see also that excellnt book in English, called the Mirror of Iustice Chap. 5. Sect. ● pag 231, and judge Huttons argument in Mr. Hamdens case against ship money, pag. 41,  and when I am in prison, I ought to be used with all civility and humantie: for that great Lawyer, Sir Edward Cook expressly saith, 
m See 1 part institutes lib, 3, Chap, 7, Sect. 438 fo 260 & the 2 part fo. 43, 315, 590. see my book called the oppressed mans oppressions declared p, 3 vox plebis p 47, 55 56. & liberty vindicated against slavery p, 14, 15, 16.  That imprisonment must onely be safe custody, not a punishment, and that a prison ought to be for keeping men safe to be duly tried, according to the Law and custom of the land but not in the least to punish or destroy them,( or to remain in it till the party committing please:) and he further saith, in his exposition of the 26 Chap. of Magna Charta. 
n in his 2 part ins●it●tes fol. 42, 43. which is exceeding well worth your reading see fo. 315, 316. 590, 591 see the mirror of Iustice in English Chap, 5, Sect 1 division, 53, 54, 55, 57, 58, pag 231.  that the Law of the Land favouring the liberty and freedom of a man from imprisonment, and so highly hating the imprisonment of any man whatsoever, though Committed or accused of heinous and odious crimes that by Law itself is not bailable, yet in such a case it alowes the prisoner the benefit of the writ called de odio & aria anciently called breve, de bono & Malo to purchase his liberty by, which [ he saith] he ought to have out gratis, which writ is in force to this day, and therefore[ he saith ibid:] that the Iustices of assize, Iustices of Oyer and Termimer, and of goal delivery have not suffered the prisoner to be long det●ined, but at their next coming have given the prisoner full and speedy Iustice, by due trial without detaining him long in prison. Nay[ saith he] they have been so far from allowance of his detaining in prison without due trial, that it was resolved in the case of the Abott of St. Albon by the whole Court, that where the King had granted to the Abott of St. Albon, to have a goal, and to have a goal delivery, and divers persons were committed to that goal for felony, and because the Abott would not be at the cost to make deliverance, he detained them in prison long time without making lawful deliverance, that the Abbot had for that cause forfeited his franchise and that the same might he seized into the Kings hand.  
And in case the party be Committed to prison unjustly, and no bail will be taken for him, he ought to require a Copy of his Mittimus and to have it gratis, and if I should demand it and it would not be given me, I would not go unless I were Carried by Force, by head and he●ls, and then I would cry our Murder, Murder, 
o only this is to be taken notice of, that if I commit an offence before the view of a judge or Iustices sitting upon the Bench I ought to go to prison with or by his verbal command, with any officer of the Court he shall Command me to go with, only he ought to enter a Mittiter and sand it after me when the Court riseth, and I may if I please proffer him baileto answer the Law when he Commit●● me, which he ought not to refuse and if he do, it is fals imprisonment if my pretended or real crime were bailable and my action I may have against him.  end do the best I could to preserve myself tell I had got a Copy of it; for many times, when a man comes to prison the dogged Gaolers will refuse to let me have it[ which may be a great detriment unto me] and if I stir or bustle for it, his will shall be a Law unto me, to dungion me, boalt and fetter me, contrary to Law It being[ as, Andrew horn saith in his excellent book called the mirror of Iustice in English, Chap. 5. Sect. 1 division 54 page. 231] an abuse of Law that a prisoner is laden with ●rone, or put to p●ine before he be adtained of felony. &c. And when I am thus in prison[ committed by what authority soever] the first thing that I am to do is to sand my friend[ be he what he will be] as well a private understanding resolute man, as a Lawyer] for either myself or any one I will appoint, may, and ought to pled my cause before any judge in England, as well as any Lawyer in the kingdom, and neither ought by the judge to be forbidden, snub'd or browbeaten] to the Chancery for a habeas corpous, if it be out of term: for as Sr. Edw. cook on the 29 Chap. of Magna Charta well 
p in his 2 part institutes fo. 52. 53. in which pages you may red the very words of an habeas Corpus as also in the 79 80. 81. pages of regal tyranny where you may have them in English, as well as Latin,  saith the Chancery is a shop of Iustice always open, and never adjourned, so as the subject being wrongfully imprisoned; may have Iustice for the Liberty of his person as well in the Vacation time, as in the Tea●me, but if it be term time it is most proper to move for the habias corpus at the Kings bench bar, and if the Iudges refuse to grant it unto you[ it being your right by Law as the Petition of Right fully declares 
q upon which habeas corpus, if you be brought up to the bar, you ought if wrongfully imprisoned, clearly to be discharged without bail, & with bail if justly imprisoned if your crime be bailable or else the judge forswears himself for which you may indict him for perjury and also have an● action at Law for false imprisonment against him that falsely committed you, or they that forced you hither, ye & in divers cases against the jailor himself, who ought not by Law[ upon their perils] to receive or detain you, but by a legal warrant flowing from a legal power, as before I have more fully noted. see also 1 p. book decla. pa, 205  and the Iudges by their oath[ before printed page. 10. 34.] are bound to execute the Law impartially without giving care in the le●st to the unjust command of the parl. or any other against it, then you may by the Law indict the judge or Iudges for perjury, and if then they shall deny you the benefit of the Law, I know no reason but you may conclude them absolute tyrants, and that the foundation of government is over turned and you[ as the Parliam. hath taught you] are left to the natural remedy to preserve, yourselves which self preservation they have declared no people can be deprived of; see their declarations 1 part book declare. pag. 207. 6, 90, 728, 150.  
From my Arbitrary, tyrannical, and 
 murdering imprisonment in the 
 Tower of London this 2 of Dec. 
 1647. John Lilbbrne, in adversity and prosperity, 
 and in life and death, always one 
 and the same for the liberties of himself 
 and his native Country.   

Postcript.  
BUt while I was concluding this second edition of the London Agents plea, with the fore-expressed additions, news is brought me that the Committee of plundered Ministers, summons up Londoners and commits them for none payment of tithes; for whom I frame a Plea thus. That the houses of Parliament, have already made two Ordinances about tithes of the 8. of Novem. 1644. and the 9. of August, 1647. & by those Ordinances referred the London-Parsons, or Ministers in London, to get their Tyhes according to the statute of the 37. H. 8. 12. which Statute authorizeth such, and such men to be Commissioners therein nominated, or any six of them to make a decree, which decree shall be as binding to the Londoners as an express act of Parliament, in which they give the Parsons two shillings nine-pence in the pound, for all house rents, &c. which the Londoners are bound to pay unto their Parsons, if the said Decree had( as by the foresaid Statute it ought to have been) entered upon record in the High Court of Chancery, which it never was nor is not there to be found as Mr. Narborow the Lawyer in Roben-Hoods Court in Bow-Lane London, proved by Certificate under the record Keepers hand, before Alderman Adams, when he was Lord mayor of London; in a case betwixt person Glendon of Barkins by Tower-Hill, and one of his parishioners, viz. Mr. Roberts a merchant, as I remember, for I was by and heard all the Plea.  
And therefore the Parsons of London, can neither by law nor those Ordinances, recover or justly require, one farthing token of tithes from any Citizen of London.  
And for the Committee of plundered Ministers by any pretended authority that yet is visible, to take upon them to execute those Ordinances, or to compel the Citizens of London to pay tithes to their Parsons or Ministers, they have no more authority, or right to do it, then a thief hath upon the high way to Rob me of my Purse, or life, and for them by the Law of their own will, to take upon them to sand Summons to any freeman of England, and to force them to come before them; and without due process of 
* And what due process of Law is, you may red in the 2 part instituts upon the 29 Chap. of Magna Charta, and vox plebis pag. 11, 12, 14, 15, &c. and my book called The resolved mans resolution, page. 3, 4, 5, 6, &c. and my grand Plea against the Lords, and Thompsons Plea against the new ●irants at Windsors executing Marshall Law.  Law; to pay so much money to the Parsons, upon any pretence whatsoever, & for unwillingness to pay, to commit him or them ●o Prison, is a crime in my judgement of as high a nature in subverting our fundamental laws and liberties, and se●ng up an Arbitrary tyrannical Government, as the earl of Straford was accused of; and lost his head for: and as well do the actors in this arbitrary Committee deserve to die for these actions, as traitorous subvertors of our laws, as the earl of Straford did for his; against whom in the fift Article of his additional impeachment of treason, it is alleged, against him, That he did use and exercise a ●ower, above, and against; and to the subversion of the said fundamental laws, extending such his power, to the goods, free-holds, inheritances, liberties, and lives of the people.  
And in the sixth Article of his said impeachment it is laid unto his charge, as a transcendent treasonable crime, That the said Thomas earl of Strafford, without any legal proceedings, and upon a paper Petition of Richard Rolstone, did cause the said Lord Mo●nt Norris, to be dizseized and put out of possession of his free-hold & inheritance, without due process of Law.  
And in the seventh Article, he the said earl is charged, That in the term of holy Trinity, in the 13 year of his now Majesties reign, did cause a case, commonly called the case of tenors upon defective Titles, to be made and drawn up without any jury or trial or other legal process, without the consent of parties, by colour of which lawless procedings, divers of his Majesties subjects( and particularly the Lord Tho: Dil●on) were out●ed of there possessions and dizseized of there free-hold by colour of the same resolution, without legal preceedings, whereby many hundreds of his Majesties subjects were undone and their families utterly ruinated.  
And in the 8. Article, he is impeached, That upon a petition of sir John Gilford Knight, the first day of Febr. in the said 13 year of his Majesties reign, without any legal process, made a decree against Adam Viscount Loftus of ely, and did cause the said Viscount to be imprisoned and kept close prisoner, on pretence of disobedience to the said decree or order; & without any legal proceedings, aid in the same 13 year imprison, George earl of Kildare against law, thereby to enforce him to submit his ●itle to the manner and Lordship of Castle L●igh( being of great ●early value) to the said Earl of Strafords will and pleasure, and ●●pt him a year a prisoner for the said cause, ●●e moneths wher● he kept him close prisoner 
* All which charges you may at large read in the 123, 124, 125 pages, of a book called Speeches and Pallages, printed for W. cook, a Furnivah-Inne gate in holborn, 1641. , &c.  
Now the Parliament itself or the Members thereof, being as Sr. Edward cook well declares( In his 4 part in●●i●ts, published for good Law by their own special orders) as subject to the Law, as other men( saving in the freedom of arrests, that so their persons may not be hindered from the discharge of their trust in the house, which their Country hath reposed in them) and unto whom till it be repealed, it is a rule, as well as to any other m●n in England whatsoever, especially in all actions or differences betwixt party and party; and that Parliament man that ●hall say, that any Committee of Parliament, or the whole house is the Law, shows, and declares himself either ignorant of the Law, or a voluntary and wilful deceiver: for what is within their breasts I neither can know, nor any ●●●nd to inquire after for to know or take notice of, 
* see Englands birthright p 3. 4. 5, 6, 7, 8.  neither is any thing therein( till it be legally put in writing, legally debated, passed, and legally published) binding in the least unto me or ●ny man in England: and indeed to speak properly, the Parliaments work is to repeal old Laws and to make new ones, to pull down old courts of justice and erect new ones, to make war and and conclude peace, to raise money and see it rightly and providently disposed of( but themselves are not in the least to finger it 
* for the third Article in the first impeachment of the earl of Straford in the abovesaid book pag 118 runs thus; that the better to enrich and in able himself to to go thorough with his traitorous designs, he hath detained a great part of his Majesties revenue, without giving legal account, and hath taken great sums out of the Exchequer, converting them to his own use when his Majesty was necessitated for his own urgent occasions, and his army had been along time unpayd. ) it being their proper work to punish those ●●at imbezle and wast it, but if they should finger it and wast it, may not the kingdom easily be chetted of its treasure, and also be left without means to pun●ish them for it● and most dishonourable it is, and below the greatness of Legislators a sloop to be executors of the Law, and indeed it is most irrational and unjust they ●●ould, for if they do me injustice I am robbed and deprived of my remedy, and my appeal it being no where to be made, but to them, whose work it is to punish all ●ile or evil administrators of justice: and therefore I wish they would seriously ●●igh there own words in their declaration of the 17 of april, 1646. 2 part book declarations pag 878. where to the whole kingdom they declare, that they will 〈◇〉, nor any by colour of any author it, derived from them, shall interrupt the ordinary cause of justice in the severa●l Courts and judicatories of this kingdom, nor inter●eddle in cases of private interest, other where determinable, unless it be in case of ●ale administration of Iustice, wherein we shall see[ say they] and provide, that ●ight be done, and punishment inflicted, ●s there shall be occasion, according to ●● laws of the kingdom, and the t●ul● reposed in us.  
And therefore seeing that by the Law of their own will, without due course ●● process of Law, or any visible shadow or colour of Law; the Committee of plun●ed Ministers will Rob the Citizens of their proper goods, which is not in the least ●●●●iable, for as judge Crook in the sixty, first pag of his Argument in Mr. Hampdens ●ause against ship money, saith, that the Law book called the ●●r. ●nd stud●ers Chap 5. pag. 8 setting dower, that the 〈◇〉 doth rest the absolute, property of every wans go●ds ●●h●u self●; and that they 〈◇〉 he taken from him ●ut by●●s( legal) consent, saith, that ●s the reason, if they be t●●en from h●m, the party shall answer the full value, thereof in damage, and so( saith judge Crooke) I conceive that the party that doth this wrong to an other, shall be●●des the damages to the party, be imprisonn●d and pay a 〈◇〉 K●ng, which in the Kings-bench it the tenth part ●●asmuch she payeth to the party, so then if the King w●ll pu●nish the wrong of taking of Goods without consent be●●eu party and party, much more will he not by any prerogat●ve take away any mans goods without his assent particular or general.  
But if they will either have your goods or your liberty from you by the Law of their own will●, be sure you play 〈◇〉 Englishmen, not foolishly or Willingly to bettary your liberty into their hands, but in this case, part with them at 〈◇〉 would part with your purse to a freeze that robs you upon the high way, for the forementioned Lawyer in the mentioned 8 pag. saith, that by the prime Laws of reason and nature( which are the Laws of God) it is lawful for m●n to defend himself against a● un●●st power, so he keep one distance, so that if they will have your goods, let ●●em distrain for them, and then you may replevy them, and thereby at law try the title of their right, and it they ●●ll imprison your person, go not but by force, & be sure to stand upon the legality of the warrant, which that you may ●●lly and truly understand the form of it; I shall give you at large the words of Sr. Edward cook in the 2 part of his 〈◇〉 fol. 590, 591, 592 published by the Parliaments own authority for good Law, who being expounding the ●tatute of breaking prison, made in the 1. E. 2. upon the words, without cause, &c. fo 590. expressly saith, this act speaking ●● a cause is to be intended of a lawful cause; and therefore false imprisonment is not within this act.  
Imprisonment is a restraint of a mans liberty; under the custody of another, by lawful warrant in dead or Law ●●wfull warrant is, when the offence appeareth by matter of record, or when it doth not appear by matter of Record,  
By matter of Record, as when the party is taken upon an Inditement at the suite of the King, or upon an Appeal at the suite of the Party: when it doth not appear by matter of Record, as when a felony is done, and the offend● by a lawful Mitimus is committed to the goal for the same. But between these two cases, there is a great diversity: For in the first case, whether any Felony were committed, or no, If the offender be taken by force of a Copia● the warrant is lawful; and if he break Prison, it is a felony albeit no felony were committed. But in the the other case, if no felony be done at all, and yet he is committed to prison for a supposed Felony, and break Prison, this no Felony, for there is no cause. And the words of this Act, are 
[a] See Magna Charta Chap. 1●  ●●ilesse the cause for which he was taken require such a judgement] so as the cause must be just, and not ●eigned; for things feigned require no judgement.  
If A. give B. a mortal wound, for which A. is committed to Prison, and breaketh Prison, B dieth of the woun● within the year, this death hath relation to the stroke; but because relations are but fictions in Law, and fictions are not here intended, this escape is no folony, 11 H. 4 11 ploughed. co●. 401 Cole● case.  
Seeing the weight of this business, touching this point, to make the escape, either in the party, or in the Goale● felony, dependeth upon the lawfulness of the Mitimu, it will be necessary to say somewhat hereof: First, it must be in writing, in the name, and under the seal of him that makes the same, expressing his office, place and authority, by force whereof he maketh the Mitimus, and to be directed to the gaoler or keeper of the goal or Prison: Secondly, It must contain the case[ as it expressly appeareth by this Act [ b] unless the cause for which he was taken &c] but not so certainly as an Inditement ought, 
* 25 E. 3 42. B. Coron. 134. 32. E. 3. Coron. 248. 9. E. 4. 52.  and yet with such convenient certainty, as it may appear judicially, that the offence requires such a judgement; as for high treason, to w●t, against th● person of our Lord the King; or for the counterfit●●●g of he money of our Lord the King; or for Petty Treason; namely, for the ●eath of such a one, being his master; or for felony, to w●t, for the death of such a one, &c. or fo● Burglary or Rober●, &c. or for felony, for Stealing of a Horse, &c. or the like, so as it may in such a Generalli●● appear judicially, that the offence requires such a judgement.  
And this is proved both by reason, and authority. By reason; first, for that it is in case of felony[ ● which doth induce, or draw on the last Punishment] and therefore ought to have convenient certainty, as at i● aforesaid Secondly, Also it must have convenient certainty, for that a voluntary escape is felony in the gaoler. Thirdly, I the Mit●mus should be good generally [ for felony] then, as the old rule is, [ the ignorance of the judge shoul● be the calamity of the innocent:] for the truth of the case may be, that he did steal Charters of Land, or woo● Growing, or the like, which in Law are no felonies; and therefore in reason, a case of so high a nature concerning the life of man, the convenient certainty ought to be shewed.  
By Authority, The constant form of the inditement, in that case for escape, either by the Party, or voluntarily suffered by the gaoler, is, That he was arrested [ for suspicion of a certain felony, namely, for the death of a certa●ne man, M●N feloniously slain, or the like; for the inditement must rehearse the effect of the Mitimus, which directly proveth, that the cause in such a general certainty ought to be shewed. vid 25 E. 3. fol 42.  
Also if a man be indicted of Treason, or indicted or appealed for Felony, the Capias thereupon, whereby the part is to be arrested, comprehendeth the cause ( and therefore much more the Mittimus) where the party it t● be arrested, having no such ground of Record, as the Capias hath; must, pursuing the effect of the Capi●s, comprehend the case inconvenient certainty, 25 E. 3. fol. 42. Pl. 32. there ought to be a certain cause; and in the sa●● leaf, Pl. 35. in case of breaking of Prison, the cause of the Imprisonment ought to be shewed.  
If a man bee indicted( that he break Prison feloniously, &c.) generally, it is not good; for the inditeme●● ought to rehearse the seventy of the matter according to the Statute, that he being Imprisoned for felony, & ● broke Prison: We have quoted many other books, which though they be not certainly reported, 
9 E. 4. 26 41. ass 5. 22. E. 3. Coron. 242, 243, 248 43. E. ibid. 424. 3 E. 3. ibid. 3●2, 328, 333, 345, 346 2 E. 3. fol. 1. 26. ass. 51 22 E. 3. 13. 27. ass. 42. 27. ass. pag. 116. 15 E 2. Coron. 38. 9 H. 4. 1. 10 H 4, 7. 11. H. 4, 11. 8 E. 2. Coron. 422, 430, 431. 27 H. 6. 6, 7. 36 H. 6, 33. 1 K. 3. cap. 3. 2 H. 5. cap. 7. 21 H. 7, 17.  as might have been wished, yet the judicious Reader will ga●● fruit of them. But see before the exposition of Magna Chrata, Chap. 29. [ by t● law of the Land] and observe well the words of the Writ of Habeas Corpus, fo● direct proof, that the cause ought to be shewed.  
Lastly, see, hereafter in the exposition of the Statute of Articulicleri, the re●u●tion of all the Iudges of England; the answer to the 21 and 22 objections, which will in no sort abridge for the Excellency thereof; but refer you to the fountain themselves.  
Hereupon it appeareth, that the common Warrant or Mitimus, to answer to 〈◇〉 things as sh●ll be objected against him, is utterly against law.  
Now as the Mitimus must contain the cause, so the conclusion must be according to law; viz. The Prisoner safely to be keep, until he be delivered by due order Law, and not until he that made it, shall give order or the like.  
John Lilburne. Ian. 1648.  
FINIS.