The people's Prerogative and Privileges, asserted and vindicated, (against all Tyranny whatsoever.) By Law and Reason.  
BEING A COLLECTION of the Marrow and Soul of MAGNA CHARTA, And of all the most principal Statutes made ever since to this present year, 1647. For the preservation of the people's Liberties and properties.  
With clear proofs and demonstrations, that now their Laws and Liberties are nigher Subvertion, than they were when they first begun to fight for them, by a present swaying powerful Faction, amongst the Lords, Commons, and Army, that have already de facto, leveled our Laws and Liberties to their Arbitrary and Tyrannical Wills and pleasures, so that perfect Vassilage and Slavery (by force of Arms) in the nature of Turkish janissaries, or the Regiments of the Guards of France, is likely (to perpetuity) to be settled, if the people do not speedily look about them, and act vigorusly for the preventing of it.  
Compiled by Lievt. Col. John Lilburne, prerogative Prisoner in the Tower of London, and published by him for the instruction information and benefit of all true hearted Englishmen.  
LONDON, Printed in the year, when some of the mercenary Officers and Soldiers of Sir Thomas Fairfaxes Army, that were pretendedly raised for to fight for the Liberties and Freedoms of England, avowedly drew their Swords at the House of Commons door, to destroy those that really stood for their Laws and Liberties, 1647.   

To all the peaceable and well minded people of the Counties of Hartfordshire and Buckinghamshire, who desires present peace, freedom, justice, and the common right and good of all men, but more particularly, to all those honest Noun substantive men, that were the promoters and managers of that affectionate Petition for myself, and Mr. Richard Overton, to the House of Common, (about 12. months ago, which is printed in the 10. and 11. pag of the second edition of our book called the Outcries of oppressed Commons.) But in a most especial manner to my honest friends, in and about Watford, that lately were in trouble several Sessions at St. Alb●ns, for not coming to their parish Church to hear Common prayer, etc.  
WOrthy Gentle men, and dearest Countrymen.  
The sensible knowledge of the sufferings of you last named, by your several times sending to me, and coming to me for advice, drew out my heart according to my weak talon, to bend my brains to the study of something that might be for the effectually future good of yours, (to whom I have so many endeared obligations,) and all the rest of your neighbours, which I here present unto your courteous acceptation in this following discourse, or small collection of Statutes, being necessitated to acquaint you, that I have not a little been tossed and tumbled by the malice of corrupt minded men (who because their deeds are evil, and therefore cannot endure they should come to the view of the Sun) and the presses have been as much us I, or else you had some weeks ago had it presented in print to your view, but being (upon the 19 of jan. last,) by the House of Commons clapped by the heels for traitorous and seditious practices against the State, that is to say (is I interpret it) for my earnest and honest endeavouring to promote a righteous, just, and gallant petition (for the good of my poor Country) which I sent unto you some weeks ago with a letter, which letter partly for my vindication, I am necessited here to insert; which thus followeth virbatum.  
WOrthy Gentlemen and dear Friends. The fervency of your love to me, and your endeavours for my freedom, by petitioning the Parliament, hath taken such deep impression upon my heart that I cannot but often renew my thankful acknowledgement, and study to serve you in particular, while I endeavour to serve my whole Country in General. And truly the best service that I can do you in this juncture of time, in my opinion is to study your peace: For if the red Horse of War should again enter into our gates, the pail Horse of famine will certainly tread upon his heels, and then nothing can be expected but desolation, now the only effectual means to establish your peace, is the healing of divesions, and that only can be effected by uniting in the common principles of freedom and justice, and for that end is the Petition which I have sent you framed, certainly if all the people did but hear the freedom which we petition for opened. And if you did inform them, that those you account the price of your blood, and that you should never disagree nor think any thing worth a war, if those principals of freedom & justice were settled, & if it were cleared to them of how great concernment it is to ganie the spec●● settlement of those, if I say some pains were taken in this way, I am persuaded all people would join together as one man, to cry uncessantly to the Parliament for establishing those foundations of justice and freedom, that their peace might be secure to them.  
O my friends, that God would give you light and power, to see and endeavour after the things which belong to your peace and freedom, before they be bid from your eyes, there is now an opportunity and if this be neglected, I fear God will not betrust us with another, and in reason if we do not act speedily and vigorusly, it will be impossible to prevent War and confusion. Now in your actings in this business, I desire if my advice might be of any weight with you.  
First, that in such places as you cannot gain liberty to have the Petition read on the first day in the week in the meeting house, there desire as great a meeting of the people some other day as you can get, and read the Petition, and explain it, and then select some active men as trusties, to take care for gaining subscriptions. 2. Engage as many persons as possible you can, to come to London with the Petition, and to cry resolutely to the Parliament, justice, justice, and we intent to give you notice when we intent here to deliver it, that at the same time you may come up. 3 If you can choose an Agent to reside here at London constantly to give you constant Intelligence of all affairs and to send you books for your information, bought by a public stock, which you should be trust with your Agent, I conceive this would be of great concernment to your peace and welfare. I have no more to trouble you with at present, but only to tender you the service of.  
Your most faithful servant that now again earnestly desires you with all your might to promote the Petition. john Lilburne. London this 8th. of Janu. 1647.   

A proem, to the following collection and discourse.  

WHen Israel would turn their backs upon God, (who alone was their King, 1 Sam. 10.19. & chap. 12. v. 12.17.19.) and be like all the Heathen and Pagan natitions round about them, to have a King to rule over them. Deut. 17.14. God himself lays this express command upon them, that they shall in any wise set a King over themselves, from amongst their brethren, and that they shall not in any wise set a stranger over them, which is not their brother, but (saith God) he shall not multiply Horses to himself, nor cause the people to return to Egypt (that is to say, to vassalage, slavery, or the house of bondage.) Neither shall he multiply wives to himself, that his heart turn not away, neither shall he greatly multiply to himself, silver & Gold.  
And it shall be when he sitteth upon the Throne of his Kingdom, that he shall write him a copy of this law in a book, out of that which is before the Priests the Levits. And it shall be with him, and he shall read therein all the days of his life, that he might learn to fear the Lord his God, to keep all the words of this law, and these statutes and do them. That his heart be not lifted up above his brethren, (mark that well) and that he turn not aside from the commandment, to the right hand or to the left. Deut. 17, 15, 16, 17, 18, 19, 20.  
Here is a clear declaration by God himself, that Kings (the single greatest of Magistrates,) are not to walk (and act upon the people) by the rules of their own wills, but by the law of God, which is as binding to them as the meanest of the people, (and for my part I say and aver, that, that man (whether King or Parliament man that declares himself to be lawless, was never in that condition of God's creation but of the Devil's (And pertinent to this purpose is the complaint of our ancient English Lawyer Andrew Horn, in his Mirror of justice in English, ch. 5. Sect. the first, division the first, and second, pag. 225. where complaining of the abusions of the Common law, he saith, the first and chief abusion is, that the King is above the law, whereas he ought to be subject to it, as it is contained in his oath. Which as Sir Richard Hutton, one of his own judges in his Argument in Mr. john Hampdens' case against Sip-money, pag. 32. (which argument was made before this Parliaments doctrine was broached) saith, that by the King's Oath, he agrees to give consent to such laws, as shall (in Parliament) be propounded for the profit and good of the Kingdom, and be further declares, that he is to rule and govern thereby, see also the petition of Right in the following pages, 1. 2, So that by this it clearly appears, that in his own imagination, nor the opinion of his judges, he is neither omnipotent nor unlimited, but his office is an office of trust, conferred upon him for the good of the people. And therefore saith our forementioned Author (Andrew Horn ibim) the second abuse of the common Law is, That whereas Parliaments ought to be for the salvation of the souls of Trespassors, twice in the year at London, that they are there but very seldom, and at the pleasure of the King, for subsidies and collections of Treasure, etc. And the Act made the first year of this Parliament, in the 16. of the present King, called an Act for the preventing of inconveniences happening by the long intermission of Parliaments, expressly saith.  
Whereas by the Laws and Statutes of this Realm, the Parliament ought to beholden at least once every year, for the redress of Grievances etc. Which Laws and Statutes are the 4. Ed. 3. 14 & 36. Ed. 3. 10. (which are printed virbitum in the following discourse, pag. 9 12,) and which are expressly ratified and confirmed to be duly kept and observed. In which Acts the Parliament are prescribed their work what to do, which is to maintain the Laws, and redress the mischiefs and grievances that daily happen, but not in the least to our destroy Laws, unless they give us Letter for them, nor to make our mischiefs and grievances greater, nor to rob and poule the Kingdom of their treasure by taxations, Excize, etc. and then share it by thousands and ten thousands amongst themselves, which i● expressly against the Laws of the kingdom, for Feesies in trust, (and they are no more at most,) by the Law of this Land, can give nothing to themselves, and therefore their sharing (as daily they do) the Common wealth's money amongst themselves, is no better than absolute state robbery, against whom an indictment, or an Action of recovery, (if not of death 
† For Andrew Horn declares p. 239 that it is an abuse of the common Law, that justices and their Officers, who kill people by false judgement, be not destroyed, as other murderers, which King Alfrid caused to be done, who caused 44 justices in one year to be hanged as murderers, for their false judgements, and page 241 he saith, that he hanged Arnold because he saved Boylife, who rob the people by colour of distresses, whereof some were by selling distresses, some by extortions of fines, etc. , aught in equity and reason to lie as well as against robbing and cheating servants and stewards. And for them for ever to shelter themselves from the lash and stroke of justice, or for ever from being called to account, for all their Cheats, Robberies, and murders, by getting the King's hand to an Act to make them an everlasting Parliament, no more lies in the King's power Justly and legally to do, then to give them power to make us all absolute Vassals and Slaves, and to destroy all our Laws, liberties and properties, and when they have so done, then to cut the throats of all the men in England besides themselves, therefore it behoves the people to keep up the interest of a Parliament, but yet annually at least to choose new Parliament meant, to call their predecessors to a strike account, and for my part I conceive that not only by the rules of equity and reason, but by the strength of the Law of the land, (which requires a Parliament to be chosen and held at least once every year) the people that are willing in the several Shires, Cities and Burrowes, may call home their Parliament men; and send new ones in their places to call them to account; and to make Laws to punish such betrayers of their trust, as men, as full of unnaturalness, as those that murder and kill their own fathers; which is an act abhorred even amongst bruts, and yet this very thing is acted upon us by the grandees amongst our trusties; who themselves have told us, that it is as old a law, as any is in the Kingdom, that the Kingdom never ought to be without a means to preserve itself, 1. part book decls. pag. 207. & pag. 690. And that those things which are evil in their own nature, cannot be the subject of any command, or induce any obligation of obedience upon any man, by any authority whatsoever, 1. par book p. cl. pag. 201. & pag. 150. And therefore, the conclusion that I draw from Gods subjecting of all men equally alike to his law, is by way of advice to all my Countrymen, earnestly to prosecute the obtaining the things desired in the 3 first heads of our great Petition especially (for promoting of which, I am lately as a traitor committed by the House of Commons) that the powers of King, Parliament and people may be destinctly and particularly declared and settled, that we may be no longer in confusion, by having the little ones ●o be subject to the punishment of the law, & the great ones to be (subject to none, but their lusts & ●he law of there own wills, & therefore I do with confidence believe those expressions of my imprisoned Comrade Mr. john Wildman in the 11. pag. of his late masculine English peace called truths try●mph, or treachery anatomised, where he saich, that he believes the freedom of this Nation will ●ever be secured, until the extent of the power and trust of the people's representatives, and the people's reservations to themselves be clearly declared in reference to the Legislative power.  
And for my particular, after the grand and superlative Apostasy of so tall a Cedar as Lievt. Gen. Cromwell 
See that notable discourse of him in ●urney Projects, and also in a little book, ●alled the Grand Design, and the justification of Sir john Maynard prisoner in ●e Tower called the Royal Quarrel.  pretended to be, for the liberties and freedoms of the people of this nation: I shall never hereafter in state affairs, (for his sake) trust either my father, brother, or any other relations I have in the world, but shall always to all I converse with, incultate the remembrance of that dear experienced truth or maxim, recorded in the margin of our forementioned large Petition, which is. That it hath been a maxim amongst the wisest Legislators that whosoever means to settle good laws, must proceed in them with a sinister opinion of all mankind, and suppose that whosoever is nor wicked, it is for want only of the opportunity, And that no state can wis●ly be confident of any public Ministers continuing good, longer than the ●ods is held over their heads.  
Now as God hath made all men subject to his laws alike, so in the.  
Second place, he hath been very sha●●, positive, and plain to his laws: see Gen. 2.17. and 9.5.6. Ex. 20. see also the 10.11.13.14. pages of my Epistle to judge Reeves edition the 2. where these particulars are largely and pithly discursed.  
But jugglers, deceivers, deluders, and Tyrants● study how to make their Laws ambiguous and doubtful, that so the people may continually be together by the ears, in the true understanding of them, that so the mysterious and juggling lawyers (who are the principal makers of them) may under pretence of opening them, continually pick the people's pockets, with a kind of Hocus Pocus or Cleanly conveyance; and have made them so voluminous, that it shall be almost impossible for an ordinary man ever to read them over, or if he do read them over yet, it shall be impossible for an ordinary brain to carry all the contradictions of them, one against an other in his head.  
Thirdly, God gave all his laws, and the proceed therein to his people, in their own mother tongue, and commanded them to teach them to their Children and Servants (and that their judges that did execute them, should sit openly in the Gates) and judged it fare below, and beneath that justice that is inherant in him, to give his Laws, or any proceed in them; so unto his people, that it was impossible for the most of them, to know them, read seriously so proof hereof. ●the forementioned pages of my Epistle to judge Reeves, for writing of which all my present troubles are come upon me.  
But jugglers, deceivers, deluders, and tyrants, will have their laws not in the people's mother tongue, but will have them put into Latin, or French; that so the people that are governed by them, may never come to understand them, 
* But saith the aincient Lawyer Andrew Horn, in his Mirror of justice, chap. 5. Sect 1. de. 3 page 225. it is an abuse of the common Law of England, that the Laws and customs of the Realm, with their occasions are not put in writing, whereby they may be known, so as they might be known by all men.  that so their lives liberties and estates may be at the wills of those the ride and tyrannize over them, (as Mr. Daniel in his history well observes the people were in Will. the conquerors time,) and if possible they g●t their plead to be it English, as the people of this Kingdom did theirs (with much struggling in Edward the third time) as appears by that remarkable statute of the 36. Ed. 3. chap. 15. printed in the following discourse page 12● yet they shall be fettered with this bondage, that their ent eyes process, and proceedings sha●l be in Latin, and that in such a hand, that not one latin scholar in twenty shall read them, and if any follow the command of God, to teach the people the understanding of their Laws; O cry the knaves and tyrants like Bishop Gardiner in the book of Marters, open this door and we are all destroyed; and therefore by any means suppress all such schools as Henry the third did those schools, that were in his days set up to teach the people the knowledge of Magna Charta; as Sir Edward Cook well declares, ●n the 3. page of his proem to his 2. part instit●tes. And therefore it is that those makke bate firebrand Lawyers in the House of Commons; have been so transendently active, to burn and ●ruth in pieces all such honest, and just petitions as have desired our laws and proceeping therein, may be put into a short plain and easy to be understood method in the English tongue, yea an have made it their study, to grind to powder the promoters of all such just & honest petition as they and their accomplisses lately did in Mr. john Wildmans' case and mine, and indeed to speak truly without fear, they are the grand supporters of all corrupt interests in the Kingdom, that make it their study to keep the people in bondage, and vassolage, and therefore O ye Commons of Enland as one man cry out by petition, speedily to the Parliament; to throw them all out of the House as unsavery salt never to sit there any more unless as assistance, who I will maintain it with my life, have been and still are, (for the preservation of their own corrupt interest) no small instruments, in the by past and present subversion of our liberties; and occasion of the blood shed, and late war in the Kingdom, and the main hinderers of the granting, settling and accomplishing, of those many just and righteous things that hath so often been petitioned for to the Parliament, though hitherto all in vain. O therefore cry, and cry mightily against them as the vermin of the House and Commonwealth.  
But because I have longed and still do, to have this collectio abroad, I shall draw towards a conclusion: and let my Country men here reap the benefit of the answer I sent to the queries of some of my friends, mentioned in the Epistle Dedicatory (which was the original and principal occasion of my compiling this book) which thus followeth.  
By the statute of Westminster the first, made in the 3. of Edward 1. chap. 26. (which you may read verbatim in the 7. page of the following collection) their be no fees due from any free man of England to any Officer of justice whatsoever, but what they have immediately from the public treasure of the Kingdom, for their sallories or wages; and it is against a judge's Oath to take any: whose oath you may at large read in the 10. page following, read also that remarkable page in the mirror of justice pag. 258. 233. for the proof of this, but especially read the marginal notes in the 69. page following and he that exacts any, shall by the formencioned statue pay back again twice as much etc. but it is true by some latter statues (as the 23. Hen. 6. chap. 10. which you may read verbatim in the 18.19. following pages) and 33. Hen. 6.12. and 21. Hen. 7.17. etc.) there are some small fees to be paid. And also Sir Edward Cook in the 1. part of his institutes (lib. 3. chap. 13. sect. 70. fol. 368.) saith such reasonable fees as have been allowed by the Courts of justice of an ancient time, to inferior ministers and attendants of Courts for their labour and at●tendance if it be asked and taken of the subject it is no extortion.  
But there is none at all due for entering and recording of appearance, nor for the removing upon a Certionary.  
But against Sir Edward Cooks opinion in this particular, I offer this to consideration, that by the Petition of right the King himself with all his Lords, cannot justifiably lay a penny upon; (nor take a penny from) the meanest man in England, without common consent in Parliament and if the King etc. the greater cannot do it, then undeniably the judges or justices the lesser can much less do it. And besides by the same right, that under pretence of deuce or fees by their arbitrary wills and pleasures, they take one farthing from you or me, they may take a penny, yea a shilling, ye a pound, yea a thousand pound, and so ad infinitum, and so Level and destroy all properrity of meum & tuum; [see for the power of an act of Parliament, the notable arguments of judge Hutton & judge Crook in the case of ship-money, but especially the Parliaments votes annexed to those arguments] for which very thing divers of the judges in the case of ship-money, were this very Parliament impeached of Treason, and the Bishops for making their cannons by the King's single authority to bind their Clergies purses without authority of Parliament, were for that and the like defunct of all their power †.  

† See Mr. Nat. Fines his notable speech against the Bishop's Cannons made 1640 and printed in a book called Speeches and passages prsnted for Will-Crook at Furnivals' Inn gate in Holborn 1641. page 49. 50. 51. and the house of Commons vote Dec. 15. 1640. ibim page 328. and the statute made this Parliament that abolished eccelesiastical jurisdiction.  2. The presentment is often brought in English; but it it must be entered and recorded in latin by the statute of the ●6. Ed. 3. 15. which you may read in the 12. following page and no process is to be awarded, but of- the presentment is entered and recorded in latin; & the presentment must mention the offence, and so must the writ or process, as clearly appears in the last foremencioned most notable and remarkable statute; see also Sir, Edward Cooks second part instituts upon the 29. chap, of Magna Charta fol. 51. 52. 53. see Vox plebis page 37 and the mirror of justice chap. 5. sect. 1. division 98. page 238, nay the last author (in his 233 page division 71.) saith that it is abuse of the Common Law, that any plaint is received to be heard without sureties present, to testify the plaint to be true.  
3. The justices sitting upon the bench, may verbally commit a man for an offence lying under their cognizance, but there must be a Mittitur, or Commitment entered upon Record: See the 14. Henry 7. fol, 8. in Sir, Thomas Green's case. See also the 70. page of the following discourse.  
4. The justices of peace cannot continue a man bound above two or three Sessions at most, and if they continue him more, they may aswell continue him for thirteen, and so for thirteen score, for it is a vexation, and the Law gives him remedy, by an action of the case, against the justices, wherein they shall be sinned to the King for the vexation, and pay damages to the party Plaintiff.  
5. An Indictment for extortion, must be in the proper County before the justices of Oyer and Terminer, or justices of the peace.  
6. Upon an arrest, the Officer must declare at whose suit, for what, and what return the process hath, see the Countess of Rutland's case of arrest, in the sixth part of Cook's Reports.  
7. For a Plea against an Indictment, for not coming to Church to hear Common Prayer, etc. It is framed to your hand, in the 20, 21, 22, ●3. pages of my large Epistle to Col. Henry Martin of the 31. of May, 1647. called Rash Oaths, to which I refer you.  
8. Thou go you be committed justly and legally, be sure as soon as you are committed (if possible you can) proffer legal Bail, in person to those that commit you, but for this I wholly referee the Reader to the 70, 71, 72. pages of the following discourse, in which I have given some directions to my Country men, how to guide themselves by the rules of the Law of England, in all ordinary molestations that can befall them, by Knaves, malicious men, or Tyrants, saving in the point of panniling of juries upon them, in case they come to any trial for their lives, etc. and for that point, I do wholly refer the Reader to the 24, 25, 26. pages of my notable book called the Resolved man's resolution (where also the cheats and illegallities of Committees proceedings are anotamised) and to the 1. part of Sir Edward Cooks Inst. lib. 2. chap. 12. Sect. 234, fo. 156, 157, and his 3. part fo. 32. 33. My labours herein I desi●e may find a courteous acceptation at the hands of my oppressed friends and Countrymen, and I have my reward, and shall therein rejoice, and be encouraged for the future improvement of my poor talon to do them further service.  
john Lilburne. From my causeless captivity in the Tower of London, upon a now account, this 17, of Feb. 1647.   

For upon the 19 of jan. last, the House of Commons committed me to prison, as their prisoner, for treasonable and seditious practices against the state. And unto the power of the House in committing me I stooped, but at their door desired to be committed by a legal Warrant, which by their own Law (published in Sir Edward Cooks institutes) Votes, and Ordinances, all warrants of commitments whatsoever ought expressly to contain the certain particular case, wherefore a man is committed, and aught to conclude, and him safely to keep till he be delivered by due course of Law, and for the full proof of this, read the 68, 69. pages of the following discourse, and the 11, 12, 13, 14, 15, pages of Mr. john Wildmans late defence, called Truth's Triumph, or Treachery anotamised.  
But if the Warrant be in general words, and be also to keep him during their pleasure, and made by the Parliament, the prisoner is murdered and destroyed by such an imprisonment. For he must either stoop to their wills, and so betray his liberties and sin against his own soul, or else he must remain in prison till he starve and rot, before any judge in Westminster Hall will grant him a Habeas Corpus to bring him up to the bar of Justice, either to receive his punishment according to Law, or else his liberties as unjustly imprisoned, and this made me the other day at the House of Commons, to contest for a legal warrant, before I would go to Prison; but that mercenary Turkish janisary, Col. Baxster laid violent hands upon me, telling me expressly he was not either to reason or dispute the Houses commands, but to obey them; & caused his Soldiers to draw their swords upon me, & in haling of me away by force & violence he stabed Magna Charta, & the Petition of Right etc. to the very heart and soul, & did as much as in him lies, by that act destroy all our Laws and liberties, for if authority must be backed with the sword, to put in execution all their unjust commands, then farewell all law and liberty forever, and accursed be the day, that ever the Parliament raised an Army to fight for the preservation of our laws and liberties, if now they convert their power, and turn their swords and guns against us by force of arms to destroy our laws and liberties.  
John Lilburne. 6. Feb. 1647.    

In the third year of the reign of Charles, King of England, Scotland, France, and Ireland.  
AT the Parliament begun at Westminster the seventeenth day of March. An. Dom. 1627. in the third year of the reign of our most gracious Sovereign Lord, Charles, by the grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, etc. And there continued until the 26. day of june following, and then prorogued unto the 20. day of October now next ensuing: To the high pleasure of Almighty God, and to the weal public of this Realm, were enacted as followeth.  

The petition Exhibited to his Majesty by the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, concerning divers Rights and Liberties of the Subject; with the King's Majesties royal answer thereunto, in full Parliament  
To the Kings most Excellent Majesty.  
Humbly showeth unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament assembled, That whereas it is declared a●d enacted by a Statute made in the time of the reign of King Ed. the first, commonly called Statutum de Tallagio non concedento, 
a 34. Ed. 1. chap. 1.  That ●o tallage or aid shall be laid or levied by the King or his Heirs in this Realm, without the good will and assent of the Arch Bishops, Bishops, Earls, Barons, Knights, Burgesses, and other the free men of the Commonalty of this Realm. And by authority of Parliament holden in the five and twentieth year of the reign of King Edward the third, 
b 25. Ed. 3 Rot. Par.  it is declared and enacted. That from thenceforth no person should be compelled to make any loans to the King against his will, because such loans were against reason, and the franchise of the Land. And by other Laws of this Realm it is provided, that none should be charged by any charge or imposition, called a Benevolence, nor by such like charge, 
c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9 1. R. 3. 2.  by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have inherited this Freedom. That they should not be compelled to contribute to any tax, tallage, aid, or other like charge, nor set by common consent in Parliament. 1. R. 3. 2.  
Yet nevertheless of late, divers Commissions, directed to sundry Commissioners in several Counties, with instructions have issued; by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them upon their refusal so to do, have had an oath administered unto them, not warrantable by the Laws or Statutes of this Realm, 
* Oaths Ex Officio unlawful.  and have been constrained to become bound to make appearance, and give attendance before your privy Council, and in other places; and others of them have been therefore imprisoned, confined, and sundry otherways molested and disquieted. And divers other charges have been laid and levied upon your people in several Counties, by Lord lieutenants, Deputy Lieutenants, Commissioners for Musters, justices of Peace, and others by command or direction from your Majesty, or your privy Council, against the Laws and free customs of the Realm. 
* All Magistracy in England is bounded by the law thereof.   

e 28. Ed. 3. 3.  And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND, 
d 9 H. 3. 29.  It is declared and enacted, 
f 25. Ed. 3.  That no free man may be taken or imprisoned, 
St. 37. Ed. 3. 18. St. 38. Ed. 3. 9 St. 42. Ed. 3. 3. St. 17. R. 2. 6.  or be disseized of his Free hold, or Liberties, or his free Customs, or he outlawed or exiled, or in any manner destroyed, but by the lawful judgement of his PEERS, or by the Law of the Land.  
And in the eight and twentieth year of the reign of King Edward the third, e it was declared and enacted by authority of Parliament, That no man of what estate or condition that he be, should be put out of his Land, or Tenements, nor taken, nor imprisoned, nor disherited, nor put to death without being brought to answer by due process of Law.  
Nevertheless against the tenor of the said Statutes, and other the good Laws and Statutes of your Realm to that end provided, f diverse of your Subjects have of late been imprisoned without any cause shown: 
* Imprisonment without cause showed is illegal. See also Cook 2. part institutes, upon the 29. chap Magna Charta.  And when for their deliverance they were brought before your justices by your Majesty's Writs of Habeas corpus, there to undergo and receive as the Court should order, and their Keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your privy Council, and yet were returned back to several prisons without being charged with any thing to which they might make answer according to law.  
And whereas of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm, and the inhabitants against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn, against the Laws and Customs of this Realm, 
† Compulsive billeting of Soldiers unlawful, and it is very observable that the King at the time of this complaint had wars with France.  and to the great grievance and vexation of the people.  
And whereas also by authority of Parliament, in the five and twentieth year of the reign of King Edw. the third, 
g 25 Edw. 3. 9  it is declared and enacted, that no man should be fore judged of life or limb against the form of the Great Charter and the Law of the land; And by the said Great Charter, and other the Laws and Statutes of this your Realm, no man ought to be adjudged to death, but by the Laws established in this your Realm, 
h No man ought to be adjudged but by the established laws. 9 H. 3. 29. 5. Ed 3. 9 25. Ed 3: 4. 28. Ed. 3. 3.  either by the Customs of the same Realm, or by acts of Parliament. And whereas no offender of what kind soever, is exempted from the proceed to be used, and punishments to be inflicted by the Laws and Statutes of this your Realm: Nevertheless, of late divers Commissions under your Majesty's great Seal have issued forth by which certain persons have been assigned and appointed Commissioners with power and authority to proceed within the land, according to the justice of Martial Law, against such Soldiers and Mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or misdemeanour whatsoever, and by such summary course and order, as is agreeable to Martial Law, and as is used in Armies in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the Law Marshal,  
By pretext whereof some of your Majesty's Subjects have been by some of the said Commissioners put to death, when and where, if by the Laws and Statutes of the Land they had deserved death, by the some laws and Statutes also they m●ght, and by no other ought to have been judged and executed. 
† Marshal law altogether unlawful in England in times of peace especially, and therefore that Soldier of Col. Robert Lilburnes Regiment that was lately shot at the Rendezvouz near Ware, was merely murdered.   
And also sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishments due to them by the Laws and Statutes of this your Realm, by reason that divers of your officers and Ministers of justice have unjustly refused, or forborn to proceed against such offenders according to the same Laws and Statutes, upon pretence that the said offenders were punishable only by Martial law, and by authority of such Commissions as aforesaid, which Commissions and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm.  
They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, 
The Petition.  or such like charge, without common consent by act of Parliament. And that none be called to make answer, or take such oath, or to give attendance, or be confined, or other ways molested or disquieted concerning the same, or for refusal thereof. And that no Freeman, in any such manner as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your people may not be so burdened in time to come. And that the foresaid Commissions for proceeding by Martial Law, may be revoked and annulled. And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid, lest by colour of them any of your Majesty's Subjects be destroyed or put to death contrary to the laws and franchise of the land.  
All which they most humbly pray of your most excellent Majesty, as their rights and liberties, according to the Laws and Statutes of this Realm. And that your Majesty would also vouchsafe to declare that the awards, do and proceed, to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example. And that your Majesty would be also graciously pleased, for the future comfort and safety of your people, to declare your royal will and pleasure, That in the things aforesaid all your officers and Ministers shall serve you according to the Laws and Statutes of this Realm, 
† All the administrators of the law, are to execute their places according to the law and not otherwise.  as they tender the honour of your Majesty, and the prosperity of this Kingdom.   

Which Petition being read, the second of june, 1628. The King's answer was thus delivered unto it.  
THe King willet● that right be done, according to the Laws and customs of the Realm; And that the Statutes be put in execution, that his Subjects may have no cause to complain of any wrong or oppression, contrary to their just Rights and Liberties, to the preservation whereof, he holds himself in conscience as well obliged, as of his Prerogative.   
But this answer not giving satisfaction, 
† And the reason was because in this his first answer he doth not grant that the things claimed in the Petition as they are laid down, are the laws, rights, and liberties of England, and so had left it in the judge's breasts to have given their judgements as well against as with the Petition, but his second answer, let right be done as is desired, is full to the purpose.  the King was again petitioned unto, that he would give a full and satisfactory answer to their Petition in full Parliament.  
Whereupon the King in person, upon the seventh of june, made this second Answer.  

My Lords and Gentlemen,  
THe answer I have already given you, was made with so good deliberation, and approved by the judgements of so many wise men, that I could not have imagined but that it should have given you full satisfaction; but to avoid all ambiguous interpretations, and to show you that there is no doubleness in my meaning, I am willing to please you in words, as well as in substance; Read your Petition, and you shall have an answer that I am sure will please yo●.  
And then causing the Petition to be distinctly read by the Clerk of the Crown, The clerk of the Parliament read the Kings answer thereunto in these words.  
Soit droit fait come est desire. Which is in English, Let Right be done as is desired.   

Which being done, the King in person said thus.  
THis I am sure is full, yet no more than is granted you in my first Answer; for the meaning of that was, to confirm all your Liberties: knowing according to your own Protestations, that you neither mean, nor can hurt my Prerogative: And I assure you my Maxim is, That the people's Liberty strengthens the King's Prerogative, and that the King's Prerogative is to defend the people's Liberties.  
Ye see now how ready I have showed myself to satisfy your demands, so that I have done my part, wherefore if this Parliament have not a happy conclusion, the sin is yours, I am free of it.   
And on the last day of the Session, being june 26. 1628. His Majesty's speech to both Houses before his Royal assent to the Bills, was this.  

My Lords and Gentlemen:  
IT may seem strange that I come so suddenly to end this Session, therefore before I give my assent to the Bills, I will tell you the cause, THOUGH I MU AVOW THAT I OWN AN ACCOUNT OF MY ACTIONS TO NONE BUT GOD ALONE. It is known to every one, that a while ago the House of Commons gave me a Remonstrance, how acceptable every man may judge, and for the merit of it I will not call that in question, for I am sure no wise man can justify it.  
Now since I am certainly informed, that a second Remonstrance is preparing for me to take away my profit of Tonnage and Poundage (one of the chief maintenance of the Crown) by alleging, that I have given away my right thereof, by my answer to your Petition.  
This is so prejudicial unto me, that I am forced to end this Session some few hours before I meant it, being willing not to receive any more Remonstrances, to which I must give a harsh answer.  
And since I see that even the House of Commons gins already to make false Constructions of what I granted in your petition, lest it be worse interpreted in the Country, I will now make a declaration concerning the true intent thereof.  
The profession of both Houses, in the time of hammering this petition, was no ways to trench upon my Prerogative, saying they had neither intention nor power to hurt it.  
Therefore it must needs be conceived, that I have granted no new, but only confirmed the ancient Liberties of my subjects. Yet to show the clearness of my intentions, that I neither repent, nor mean to recede from any thing I have promised you, I do here declare. That those things which have been done, whereby men had some cause to suspect the Liberty of the subjects to be trenched upon (wh●ch indeed was the first and true ground of the petition) shalt not hereafter be drawn into example of your prejudice: And in time to come (IN THE WORD OF A KJNG) you shall not have the like cause to complain.  
But as for Tonnage and Poundage, it is a thing I cannot want, and was never intended by you to ask, never meant (I am sure) by me to grant.  
To conclude, I command you all that are here, to take notice of what I have spoken at this time, to be the true intent of what I granted you in your petition: But especially you, my Lords, the judges, for to you only, under me, belongs the interpretation of Laws: for none of the Houses of Parliament, joint or separate (what new doctrine soever may be raised) have any power, either to make or declare a Law without my consent.   
This Petition of Right, with the foregoing answer unto it, you shall find printed verbatim in the 1431, 1432, 1433, 1434. pages of Francis Pultons' collection of the Statutes at large, printed Cum Privelegio, 1640. And unto this I shall annex divers of the most materiallest Statutes for the people● liberty, so that those that have not 40. s. to lay out for the Book of Statutes, nor time to read it over, may for a few pence in this following Plea, or Collection read their chiefest freedoms, that the Statute law of England gives them, which I must confess are very slender and short to what by nature and reason they ought to be, and so dear to come by, that they rather seem bondages than freedoms, by reason of pleading them by Hackney, mercenary Lawyers, (whose riches and livelihood are got by hood-winking the law, and breeding strife and contentions) among the People, and by the corruptions of the judges in all ages in executing of them, who continually rather serve the will and lust of the King, or other great men, that help them to their places, than the rules of either law, equity, reason, conscience, or justice, and the misery of the people of this Land it is, that there is so many Lawyers in the H●use of Commons the Lawmakers, that it is a vain thing to expect while it is so, (especially they being suffered to plead causes before Judges of their own making, and being Parliament men, they dare not displease them, which brings in a manner all the fat & large grifts in Eng. to their mills) a remedy or relief against all those enslaving & destroying abuses of the law, and the execution thereof; and slaves you are, and slaves you must be, do the best you can, till you take a particular and effectual course to provide a thorough remedy for these insufferable maladies, and if my advice may be of any weight with you, I desire you seriously to read and weigh it, a● I have said it down in my former books 
† Especial in the 2. Edition of my Plea in bar, to judge Reeves reprinted Aug. 1647. and called the just man's justification, & my book called the resolved man's resolution, pag. 19, 20. 21, 22. and my epistle to Mr. Martin of the 31. May, called r●sh oaths unwarrantable, pag. 27. 28. 48, 49, 50. See also England's Birth Right, pag. 30. 31. 32, 33.  and put it but in execution, and I am sure it will cure you. But to go on to the main thing I intent, which is to give you the foregoing promised collection out of the foresaid book of Statutes at large, I shall begin with the 14. 26. 28. & 29. chaps of Magna Charta, confirmed in the 9 year of Henry the third, which you shall find in the said book of Statutes, fol, 3. 4. which thus followeth, chap. 14.  

How Men of all sorts shall be amerced, and by whom.  
A Free man shall not be amerced for a small fault, but after the manner of the fault. And for a great fault after the greatness thereof, saving to him his continement. And a Merchant likewise saving to him his merchandise. 
St. 3. Ed. 1. 6. Regist fo. ●86. 184. 187. V N B. fo. 47. Fitz. N. B. f. 75. a.  And any others villain than ours shall be likewise amerced, saving his wainage, if he fall into our mercy. And none of the said amerciaments, shall be assessed, but by the oath of honest and lawful men of the vicinage. Earls and Barons shall not be amerced but by their PEERS, and after the manner of their offence. No man of the Church shall be amerced after the quantity of his spiritual Benefice, but after his lay tenements, and after the quantity of his offence. 
Fitz Act. sur. jest. 34. Br. Amercement. 2. 25. 33. 32. 53. 65. 10. H. 6. fo. 7. 7. H. 6. fo. 13. 19 Ed. 4. fo. 9 21. Ed. 4. fo. 77. 28. Ass. pl. 26. Cook l. 8. fo. 28, 59  3. Ed. 1. 6.  

Chap. 26. Inquisition of Life and Member.  
NOthing from hence shall be given for a ●●it of Inquisition, nor taken of him that prayeth Inquisition of Life or Member, but it shall be granted freely, and not denied, Stat. 3. Ed. 1. 11. Stat. 13. Ed. 1. 29. Regist. fo. 133. 134.   

Chap. 28. Wager of Law shall not be without Witness.  

Fitz. Ley 78. Bro. Ley 37. Co. inst. fo. 168. a.  NO bailiff from henceforth shall put any man to his open Law, nor to an oath, upon his own bare saying, without faithful witnesses brought in for the same.   

Chap. 29. No man shall be condemned without trial. justice's shall not be sold or deferred.  

10. Ed. 4. fo. 6. Dyer fo. 104. Cook li. 5. fo. 64, lib. 10. fol. ●4. lib. 11. fo. 99 Regist. fo. 186. Col. pla. fo. 456.  NO Freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed, nor We will not pass upon him, nor condemn him, but by lawful judgement of his PEERS, or by the law of the land. We will sell to no man, We will not deny or defer to any man either justice or right Stat. 2. Ed. 3. 8. Stat. 5. Ed. 3. 9 Stat. 14. lid. 3. 14. 28. Ed. 3. 3. Stat 11. R. 2. 10.   


Cook li. 8 f. 38. 59 Bro. Amerciament 6. 9 11. 13. 20. 25. 27. 28. 31. 32, 35. 37. 39 43. 44.  The 3. Edward the 1. fol. 25. There shall be no disturbance of free Election.  
And because Elections ought to be free, the King commandeth upon, great forfeiture, that no man by force of Arms, nor by malice, or menacing shall disturb any to make free, Election St. 9 Ed. 2.14.   

The 3. of Edward the 1. Chap. 6. fol. 25. Amercement shall be reasonable and according to the offence.  
ANd that no City, Borough, nor Town, nor any man be amerced without reasonable cause, and according to the quantity of his Trespass, that is to say, every freeman, saving his freehold, a Merchant saving his Merchandise, a Villain saving his waynage and that by his or their PEERS. St. 9 H. 3, 14. V N. B. fo. 47. Regist. fo. 187.   

The 3. Edward the 1. Chap. 15. fol, 27. Which prisoners may be made mainpernable, and which not. The penalty for unlawful bailement.  
ANd forasmuch as Sheriffs, and other, which have taken and kept in prison persons detected of felony, and incontinent have let out by replevin, such as were not replevisable, and have kept in prison such as were replevisable, because they would gain of the one party, and grieve the other: And forasmuch as before this time it was not determined, which persons were replevisable, and which not, but only those that were taken for the death of man, or by commandment of the King, 
Bro. Mainprize 11. 56. 78. Dyer fo. 170. Fitz. Mainprize 1. 40. Bro. Mainprize 54, 57, 59, 60, 75, 78. Cook li. 11. fo. 29. Fitz. Mainprize 39 Bro. Main. 6. 9 11. 19 22. 30. 48. 50. 51, 53. 58, 63, 64. 73. 78, 91. 94. 97,  or of his justices, or for the Forest: It is provided and by the King commanded, that such prisoners as before were outlawed, and they which have abjured the realm, provers and such as be taken with the manner, and those which have broken the King's prison, thiefs openly defamed and known, and such as be appealed by provers, so long as the provers be living (if they be not of good name) and such as be taken for house burning feloniously done, or for false money, or for counterfeiting the King's seal, or persons excommunicate, taken at the request of the Bishop, or for manifest offences, or for treason touching the King himself, shall be in no wise replevisable by the common Writ, nor without writ. But such as be indicted of Larceny by Inquests taken before Sheriffs or Bailifeses by their office, or of light suspicion, or for petty Larceny, that amounteth not above the value of 12. pence, if they were not guilty of some other Larceny aforetime, or guilty of receipt of felons, or of commandment or force, 
V N. B. fo, 40. V N. B. fo. 41. Regist. fo. 83. 268.  or of aid of felony done, or guilty of some other trespass, for which one ought not to lose life or member, and a man appealed by a prover after the death of the prover (if he be no common thief nor defamed) shall from henceforth be let out by sufficient surety, whereof the Sheriff will be answerable, and that without giving aught of their goods. And if the Sheriff or any other, let any go at large by surety that is not replevisable, if he be Sheriff or Constable, or any other Bailiff of fee, which hath keeping o● prisons, and therefore be attainted, he shall lose his fee and office for ever. And if the under sheriff, Constable, or Bailiff of such as have fee for keeping of prisons, do it contrary to the will of his Lord, or any other Bailiff being not of fee, they shall I have three yearet imprisonment, and make fine at the King's pleasure. And if any withhold prisoners replevisable, after that they have offered sufficient surety, he shall pay a grievous amerciament to the King. And if he take any reward for the deliverance of such, he shall pay double to the prisoner, and also shall be in the great mercy of the King, St. 27. E. 1. 3. St. 3. H. 7. 31, & 2. P. &. M. 13.   

The 3. of Edward 1. Chap. 26. fol. 30. ●one of the King's Officers shall commit extortion.  
ANd that no Sheriff nor other the King's Officer, take any reward to do his office, 
Rast. pla. fo. 317. Cook Inst. 308. b.  but shall be paid of that which they take of the King, and he that so doth, shall yield twice as much, and shall be punished at the King's pleasure St. 33. H. 6. 10. 4. ●. 3. 10.   

The 25, of Edward the 1. Chap. 2. 3. 4. fol. 75, 76. judgement given against the said Charter, shall be void.  
ANd we will that if any judgement be given from henceforth contrary to the points of the Charters aforesaid by the justices, or by any other our Ministers that hold Plea before them against the points of the Charters, it shall be undone and holden for nought.   

Chap. 3. The said Charters shall be read in Cathedral Churches twice in the year.  
ANd we will that the same Charters shall be sent under our Seal to Cathedral Churches throughout our Ralme, there to remain, and shall be read before the people two times by the year. 28. Ed. 3. 1.   

Chap 4. Excommunication shall be pronounced against the breakers of the said charters.  
ANd that all Arch Bishops and Bishops, shall pronounce the sentence of Excommunication against all those that by word, deed, or council, do contrary to the foresaid Charters, or that in any point break or undo them. And that the said curses be twice a year denounced and published by the Prelates aforesaid. And if the same Prelates or any of them be remiss in the denunciation of the said sentences, the Arch Bishops of Canterbury and York for the time being, shall compel and distrain them to the execution of their duties in form aforesaid.   

The 28. of Edward the 1. Chap. 1. fol. 80. A confirmation of the great Charter, and the Charter of the Forest.  
THat is to say, That from henceforth the great Charter of the Liberties of England granted to all the Commonalty of the Realm, and the Charter of the Forest in like manner granted, shall be observed, kept, and maintained in every point, in as ample wise as the King hath granted, renewed, and confirmed them by his Charters. And that the Charters be delivered to every Sheriff of England, under the King's Scale, to be read four times in the year before the people in the full County that is to wit, the next County day after the Feast of St. Michael, and the next County day after Christmas, and at the next County after Easter, and at the next County after the Feast of St. john. And for these two Charters to be firmly observed in every point and article (where before no remedy 
* Chap. 8. and 13.  was at the Common Law) there shall be chosen in every Shire Court by the Commonalty of the same Shire, three substantial Men, Knights, or other lawful, wise, and well disposed persons which shall be justices sworn and assigned by the King's Letters Patents under the great Scale, to hear and determine (without any other Writ, but only their Commission) such Plaints as shall be made upon all those that commit or offend against any Point contained in the foresaid Charters, in the Shires where they be assigned, as well within Franchises as without: And as well for the King's Officers out of their places, as for other: and to hear the Plaints from day to day without any delay, and to determine them, without allowing the delays which be allowed by the Common Law. And the same Knights shall have power to punish all such as shall be attainted of any Trespass done, contrary to any point of the foresaid Charters (where no remedy was before by the Common Law) as before is said, by Imprisonment, or by ransom, or by Amerciament, according to the Trespass, etc.   

The 28, of Edward the 1. Chap. 8. fol. 83. The Inhabitants of every County shall make choice of their Sheriffs being not of Fee.  

Stat. 9 E. 2. Stat. 14 E. 3. 7. 28. Ed. 1. 1.  THe King hath granted unto his people, that they shall have election of their Sheriffs in every Shire (where the Shrivalty is not of fee) if they lift. Chap. 13.   

The 28. of Edward the 1. Chap. 13. fol. 83. What sort of persons the Commons of Shires shall choose for their Sheriffs.  
ANd for as much as the King hath granted the election of Sheriffs to the Commons of the Shire, the King will that they shall choose such Sheriffs, that shall not charge them, and that they shall not put any Officer in authority for rewards or bribes. And such as shall not lodge too oft in one place, nor with poor persons or men of religion. St. 9 E. 2. The Statute of Sheriffs.   

The 34. Edward the 1. Chap 4. fol. 91. All Laws, Liberties, and Customs confirmed.  
WE will and grant for us and our heirs, that all Clerks and lay men of our land, shall have their laws, liberties, and, free Customs as largely and wholly, as they have used to have the same, at any time when they had them best. And if any Statutes have been made by us or our ancestors, or any customs brought in contrary to them, or any manner article contained in this present Charter: we will and grant that such manner of statutes and customs shall be void and frustrate for evermore.   

The 34. of Edward the 3. Chap. 6 fol. 92. The curse of the Church shall be pronounced against the breakers of this Charter.  
ANd for the more assurance of this thing we will and grant that all Arch Bishops and Bishops for ever, shall read this present Charter in their Cathedral Churches twice in the year, and upon the reading hereof in every of their Parish Churches shall openly denounce accursed all those that willingly do procure to be done any thing contrary to the tenor, force and effect of this present Charter in any point and article. In witness of which thing we have set our Scale to this present Charter, together with the Seals of the Arch Bishops. Bishops, etc. which voluntarily have sworn, that as much as in them is, they shall observe the tenor of this present Charter in all causes and articles,, and shall extend their faithful aid to the keeping thereof, etc.   

The 1. of Edward the 3. Chap. 5. fol. 115. None shall be compelled to go to war out of the Shire where he dwelleth: But etc.  
ITem, the King will that no man from henceforth shall be charged to arm himself, otherwise than he was wont in the time of his progenitors Kings of England. And that no man be compelled to go out of his shire, but where necessity requireth, and sudden coming of strange enemies into the Realm. And then it shall be done as hath been used in times passed for the defence of the Realm. St. 15. Ed. 3. 7. St. 4. H. 4. 13. 25. Ed. 3. 8.   

The 2. Edward the 3. Chap. 8. fol. 118. No commandment under the King's seal, shall disturb or delay justice.  
ITem, it is accorded and established, that it shall not be commanded by the great Seal nor the little Seal, to disturb or delay common right: and that though such commandments do come, he justices shall not therefore leave to do right in any point. St. 9 H. 3. 29. St. 5. Ed. 3. 9 St. 14. Ed. 3.14.   

The 4. of Edward the 3. Chap. 2. fol. 120. The authority of Justices of Assize, Gaol delivery, and if the peace.  
ITem, it is ordained, that good and discreet persons, other then of the places, if they may be found sufficient, shall be assigned in all the Shires of England to take Assizes, juries, and certifications, and deliver the Gaoles. And that the said justices shall take the Assizes, juries, and certifications, and deliver the Gaols at the least three times a year, and more often if need be. Also there shall be assigned good and lawful men in every County to keep the peace. And at the time, of the assignments, 
33. Ed. 1 30. 20. Ed. 3. 6. Fitz. N. B. fo. 251. 1. Ed. 3. 16. 18. Ed. 3. ●. 34. Ed. 3. 1. 13. R. 2. 7.  mention shall he made, that such as shall be indicted or taken by the said keepers of the Peace, shall not be let to mainprize by the Sheriffs nor by none other ministers, if they be not mainpernable by the Law. Not that such us shall be indicted, shall not be delivered but at the Common Law. And the justices assigned to deliver the Gaoles, shall have power to deliver the same Gaoles of those, that shall be indicted before the keepers of the peace. And that the said keepers shall send their indictments before the justices, and they shall have power to inquire of Sheriffs, Gaolers, and other, in whose ward such indicted persons shall be, if they make deliverance or let to mainprize any so indicted, which be not mainpernable, and to punish the said Sheriffs, Gaolers, and others if they do any thing against this Act.   

The 4. of Ed. 3. Ch. 10. fol. 122. Sheriffs & Gaolers shall receive offenders without any thing taking.  
ITem, whereas in times past Sheriffs and gaolers of Gaoles, would not receive thiefs, persons appealed, indicted, or found with the manner taken and attached by the Constables, and townships, without taking great fines and ransoms of them for their receipt, whereby the said Constables and Townships have been unwilling to take thiefs and felons, because of such extreme charges, and the thiefs and the felons the more encouraged to offend: It is enacted that the Sheriffs and Gaolers shall receive and safely keep in prison from henceforth such thiefs and felons, 
3. E. 1. 26. 11. Ed 4. fol. 4. 32. H 6 10.  by the delivery of the Constables and townships, without taking any thing for the receipt. And the justices assigned to deliver the Gaol, shall have power to hear their complaints that will complain upon the Sheriffs and Gaolers in such case, and moreover to punish the Sheriffs and Gaolers ●f they be found guilty.   

The 4. of Edward the 3. Chap. 14. fol. 122. A Parliament shall be holden once every year.  
ITem, it is accorded, that a Parliament shall be holden every year once, and more often if need be Stat. 36. ●d. 3. 10.   

The 14. of Edward the 3. Chap. 5. fol. 133. Delays of judgement in other Courts shall be redressed in Parliament.  
ITem, because divers mischiefs have happened, for that in divers places, as well as in the Chancery as in the King's Bench, the common Bench, and in the Exchequer before the justices assigned, and other justices to hear and determine deputed, the judgements have been delayed, sometime by difficulty, and sometime by divers opinions of the judges, and sometime for some other cause: It is assented, established, and accorded, that from henceforth at every Parliament shall be chosen a Prelate, two Earls, and two Barons, which shall have commission and power of the King, 
2 H. 7. fo. 19 & 22. Ed. 3. fo. 3.  to hear by petition delivered to them, the complaints of all those, that will complain them of such delays or grievances done to them, and they shall have power to cause to come before them at Westminster, or else where the places of any of them shall be, the ●●nor of records and processes of such judgements so delayed, and to cause the same justices to come before them, which shall be then present to hear their cause and reasons of such delays. Which cause and reason so heard, by good advice of themselves, the Chancellor, Treasurer, the justice's ●f the one Bench and of the other, and other of the King's Council, as many, and such as they shall think convenient, shall proceed to take a good accord, and make a good judgement. And according to the same accord so taken, the tenor of the said record, together with the judgement which shall be accorded, shall be remanded before the justices, before whom the plea did depend. And that they hastily go to give judgement according to the same record. And in case it seemeth to them, that the difficulty be so great, that it may not well be determined, with out assent of the Parliament, that the said tenor or tenors shall be brought by the said Prelates, Earls, and Barons unto the next Parliament, and there shall be a final accord taken, what judgement ought to be given in this case. And according to this accord, it shall be commanded to the judges, before whom the plea did depend, that they shall proceed to give judgement without delay. And to begin to do remedy upon this ordinance: It is assented, that a commission and power shall be granted to the Archbishop of Canterbury, the Earls of Arundel, and Huntingdon, the Lord of Wake, and the Lord Raise Basset, to endure till the next Parliament. And though the ministers have made an oath before this time, yet nevertheless to remember them of the same oath: It is assented, that as well the chancellor, treasurer, keeper of the privy seal, the justices of the one Bench and of the other, the Chancellor, Barons of the Exchequer, as the justices assigned, and all they that do meddle in the said places under them, by the advice of the same Archbishop, Earls, and Barons, shall make an oath well and lawfully to serve the King and his people. And by the advice of said Prelate, Earls and Barons, be it ordained to increase the number of Ministers when need shall be, & them to diminish in the same manner. And so from time to time when officers shall be newly put in the said offices, they shall be sworn in the same manner, St. 27 El. 8 Regist. fo. 17. Rast. Pla. fo. 30●   

The Oaths of the justices, being made Anno, 18. Ed. 3. & Anno Domini 1344. fol. ●44.  
YE shall swear, that well and lawfully ye shall serve our Lord the King, and his people in the office of justice, and that lawfully ye shall council the King in his business, and that ye shall not council, nor assent to any thing, which may turn him in damage or disherison by any manner, way, or colour. And that ye shall not know the damage or disherison of him, whereof ye shall not cause him to be warned by yourself, or by other, and that ye shall do equal Law, and execution of right to all his subjects, rich or poor, without having regard to any person. And that ye take not by yourself or by other prively nor apartly, gift nor reward of gold nor silver, not of any other thing which may turn to your profit, unless it be meat or drink, and that of small value of any man that shall have any plea or process hanging before you, as long as the same process shall so be hanging, nor after for the same cause. And that ye take not see, as long as ye shall be justice, nor robes of any man great or small, but of the King himself. And that ye give none advice nor council to no man great nor small, in no case where the King is party. And in case that any of what estate or condition they be, come before you in your sessions with force and arms, or otherwise against the peace, or against the form of the Statute thereof made, to disturb execution of the common law, or to menace the people, 
2. Ed. 3. 3.  that they may not pursue the Law, that ye shall cause their bodies to be arrested and put in prison. And in case that be such, that ye cannot arrest them, that ye certify the King of their names, and of their misprision hastily, so that he may thereof ordain a convenable remedy. And that ye by yourself nor by other, privily nor apertly, maintain any plea or quarrel hanging in the King's Court, or elsewhere in the country. And that ye deny to no man common right, by the King's letters, not none other man's, not for none other cause, and in case any letters come to you, contrary to the law, that ye do nothing by such letters, but certify the King thereof, and proceed to execute the law, notwithstanding the same letters. And that ye shall do and procure the profit of the King, and of his Crown, with all things where ye may reasonably do the same. And in case ye be from henceforth found in default in any of the points aforesaid, ye shall be at the Kings will of body, land and goods, thereof to be done as shall please him, as God you help and all Saints.   

The 20. of Edward the 3. Chap. ●. fol. 14●. The justices of both Benches, Assize, etc. shall do right to all men, take no fee but of the King, nor give council where the King is party.  
FIrst, we have commanded all our justices, that they shall from henceforth do equal Law and execution of right to all our subjects rich and poor, without having regard to any person, and without omitting to do right for any letters or commandment, which may come to them from us, or from any other, or by any other cause. And if that any letters, writs, or commandments come to the justices, or to other deputed to do law and right, according to the Usage of the Realm, in disturbance of the Law, or of the execution of the same, or of right to the parties, the justices and other aforesaid shall proceed and hold their Courts and processes where the pleas and matters be depending before them, as if no such Letters, Writs, or Commandments were come to them: And they shall certify us and our Council of such Commandments, which be contrary to the Law, as afore is said. And to the intent that our justices should do even right to all people, in the manner aforesaid, without more favour showing to one then to another, we have ordained and caused our said justices to be sworn, that they shall not from henceforth, as long as they shall be in office of justice take fee nor to be of any man, but of ourselves, and that they shall take no gift nor reward by themselves, nor by other privily nor apertly of any man, that hath to do before them by any way, except meat and drink, and that of small value, and that they shall give no council to great men or small, in case where we be party, or which do or may much us in any point, upon pain to be at our will, body, Lands, and goods, to do thereof as shall please us, in case they do contrary. And for this cause we have increased the fees of the same our justices, in such manner as it ought reasonably to suffice them. St. 2. Ed. 3 8. St. 11. R. 2. 10. Regist fo. 1●6.   

The 25 of Edward the 3. Chap. 8. fol. 155. None shall be bound to find men of arms, but by tenure or grant by Parliament.  
ITem, it is accorded and assented, that no man shall be constrained to find men of Arms, hoblers nor Archers, other than those which hold by such services, if it be not by common assent and grant made in Parliament, St 1. Ed. 3. 5. St. 4. H, 4. 13.   

The 28. of Edward the 3. Chap. 7. fol. 172. No Sheriff shall continue in his office above one year.  
ITem, it is ordained and established, that the Sheriff of the Counties shall be removed every year out of their offices, so that no Sheriff that hath been in his office by ᵃ year, shall abide in the same office the year next following. 
2. H. 7. fol. 5.  And that no Commission be made to him thereof, or renewed for the same ye●●e following. St. 14. 8. 3 7. 32. Ed. 3. 9 23. H. 6. 8. Rast. pl. foe. 202.   

The 34. of Edward the 3. Chap. 4. fol. 180. What sort of people shall be returned upon every Iur●.  
ITem, because that Sheriffs and other ministers often do array their panels in manner of Inquests of people procured and most far of from the Counties, which have no knowledge of the deed whereof the Inquest shall be taken, it is accorded that such panels shall be made of the next people, which shall not be suspect nor procured. And that the Sheriffs, Coroners, and other ministers, which do against the same, shall be punished before the justices that take the said Inquest, according to the quantity of their Trespass, as well against the King as against the party, for the quantity of the damage which he hath suffered in such manner. St. 21, 〈◊〉 1. St. 28. E. 1. 9 20. Es. 3. 6. 42. Ed. 3. 11. Regist. fo. 178. Regist. pla. fo. 117.   

THe 36, of Edward the 3. chap. 10. fol. 186. A Parliament shall be holden once in a year.  
ITem, for the maintenance of the said Articles and Statutes and redress of divers mischiefs and grievances which daily happen, d Parliament shall be holden every year, as an other time was ordained by a Statute. St. 4 Ed. 3. 14.   

The 36. of Edward the 3. chap. 15. fol. 187. Pleas shall be pleaded in the English tongue and enrolled in Latin.  
ITem, because it is often showed to the King, by the Prelates, Dukes, Earls, Barons, and all the Commonalty, of the great mischiefs which have happened to divers of the Realm, because the Laws, Customs, and Statutes of this Realm, be not commonly holden and kept in the same Realm for that they be pleaded, showed & judged in the French tongue, which is much unknown in the said realm, so that the people which do implead or be impleaded in the King's Court, and in the Courts of other have no knowledge nor understanding, of that which is said, for them or against them by their Sergeants & other Pleaders: And that reasonably the said Laws and Customs the rather shall be perceived and known & better understood in the tongue used in the said Realm, & by so much every man of the said Realm may the better govern himself without offending of the Law, and the better keep, save, & defend his heritage and possessions: and in divers regions and countries, where the King, the Nobles, and other of the said Realm have been, good governance and full right is done to every person, because that their Laws and Customs be learned and used in the tongue of the Country: The King desiring the good governance and tranqullity of his people and to put out and eschew the harms and mischiefs which do or may happen in this behalf, by the occasions aforesaid hath ordained, and established, by the assent aforesaid, that all Pleas which shall be pleaded in any Courts whatsoever before any of his justices whatsoever, or in his other places, or before any of his other ministers whatsoever, or in the Courts and places of any other Lords whatsoever, within the Realm, shall be pleaded, showed, defended, answered, debated, and judged, in the English tongue, and that they be entered and enrolled in Latin. And that the Laws and Customs of the same Realm, Terms and Processes be holden and kept, as they be and have been before this time, and that by the ancient terms and forms of Pleaders, 
46 Ed. 3. fo. 21. Dyer fo. 2 99 Cook li. 8. fo. 163. li. 10 fo. 132. Co. inst. 304.  no man be prejudiced, so that the matter of the action be fully showed in the Declaration and in the Writ. And it is accorded by the assent aforesaid, that this ordinance & Statue of pleading, begin and hold place at the fifteenth of S. Hillary next coming.   

The 37. of Edward the 3. chap. 18. fol▪ 190 The order of pursuing a Suggestion made to the King.  
ITem, though it be contained in the great Charter, that no man be taken or imprisoned, nor put out of his freehold, without process of the Law, never the less divers people make false suggestion to the King himself as well for malice as otherwise, whereof the King is often grieved, 
St. 9 H 3.29.  and divers of the Realm put in damage, against the form of the same Charter: Wherefore it is ordained, that all they which make such Suggestions shall be sent with the same suggestions, before the Chancellor, Treasurer and his grand Counsel, and that they there find surety to pursue their suggestions, and incur the same pain that the other should have had if he were attainted, in case that his Suggestion he ' found evil. 
St. 38. Ed. 3. 9  And that then process of the Law be made against them without being taken and imprisoned against the form of the said Charter and other Statutes. St. 25. Edward. 3. 4. 42. Ed. 3. 3.   

The 42 of Edward the 3. Chap 1. ●093 A confirmation of the great Charter, and the Charter of the Forest: And a repeal of those Statutes that be made to the contrary.  
AT the Parliament of our Lord the King, holden at Westminster the first day of May, the two and fortieth year of his reign: It is assented and accorded. That the great Charter, and the Charter of the Forest be holden and kept in all points, and if any Statute be made to the contrary, that shall be holden for none.   

The 8. of Richard the 2. Chap. 2. fol. 217. No man of Law shall be a justice of Assize, or Gaol delivery in his own Country.  
ITem, it is ordained and assented, That no man of ●●w shall be from henceforth justice of Assizes, or of common deliverances Gaoles in his own Country. And that the chief justice of the common Bench be assigned amongst other to take such Assizes, and deliver gaoles, but as to the chief justice of the King's Bench it shall be, as for the most part of an hundred years last passed was wont to be done. St. 13. H. 4 2.33. H. 8.24.   

The 8. of Richard the 2 Chap. 4. fol. 218▪ The penalty if a judge or Clerk make any false Entry, raze a Roll, or change a verdict.  
ITem, at the complaint of the said Communality made to our Lord the King in the Parliament, for that great disherison in times past was done of the people, and may be done by the false entering of Pleas, rasing of Rolls, and changing of verdict: It is accorded and assented, that if any judge or Clerk's be of such default (so that by the same default there ensueth disherison of any of the parties,) sufficiently convict before the King and his Council by the manner and form, which to the same our Lord the King and his Council shall seem reasonable, and within two years after such default made, if the party grieved be of full age, and if he be within age, then within two years after that he shall come to his full age, he shallbe punished by sine and ransom at the Kings will, and satisfy the party. And as to the restitution of the inheritance desired by the said Commons, the party grieved shall sue by Writ or otherwise according to the Law, if he see it expedient for him. St. 8 H. 6.82.   

The 12 of Richard the 2. Chap. 10. fol. ●23. How many justices of peace there shall be in every County: and how often they shall keep their Sessions.  
ITem, it is ordained and agreed, that in every Commission of the justices of Peace, there shall be assigned but six justices, with the justices of Assizes, and that the said six justices shall keep their Sessions in every quarter of the year at the least, and by three days if need be, upon pain to be punished according to the discretion of the King's Council, at the suit of every man that will complain: And they shall inquire diligently among other things touching their offices, if the said Majors, Bailifeses, Stewards, Constables and Gaolers have duly done execution of the said Ordinances of servants and labourers, beggars and vagabonds, and shall punish them that be punishable by the said pain of an hundred shillings, by the same pain, and they that be found in default, and which be not punishable by the same pain, shall be punished by their discretion. And every of the said justices shall take for their wages four shillings 
† 36. Ed. 3. 12. 14. R. 2. 11. See also the wages of the Clerk of the peace, in the Statutes of 27 H. 8. 16. and 5. Eliz. 12. and 13. Eliz. 25.  the day, for the time of their foresaid Sessions and their Clerk two shillings of the fines and amerciaments, rising and coming of the sa●e Sessions, by the hands of the Sheriffs. And that the Lords of franchises, shall be contributory to the said wages, after the rare of their part of sins and amerciaments aforesaid. And that no Steward of any Lord be assigned, in my of the said Commissions. And that no association shall be made to the justices of the peace after their first Commission. And it is not the intent of this Statute, that the justices of the one Bench, or of the other, nor the Sergeants of the Law, in case that they shall be named in the said Commissions, shall be bound by force of this Statute, to hold the said Sessions four times in the year, as the other Commissioners, the which be continually dwelling in the Country, but that they shall do it, when they may best a●ound it.   

The 13. of Richard the 2. Chap. 6. fol. 225. How many Sergeants at Arms there shall be, and with what things they shall meddle.  
ITem, at the grievous complaint made by the Commons to our Lord the King in this Parliament, of the excessive and superfluous number of Sergeants at Arms, and of many great extortions and eppressions done by them to the people: The King therefore doth will that they shall be discharged, and that of them and other there shall be taken of good and sufficient persons to the number of thirty, and no more from henceforth. And more over the King prohibiteth them to meddle with any thing that toucheth not their office. And that they do no extortion nor oppression to the people, upon pain to lose their office, and to make a fine and ransom at the King's pleasure, and full satisfaction to the party.   

The 20. of R●chard the 2. Chap. 3. folio 243. No man shall sit upon the Bench with the justices of Assize.  
ITem, the King doth will and forbid, that no Lord, nor other of the Country, little or great, shall sit upon the Bench, with the justices, to take Assizes in their Sessions in the Counties of England, upon great forfeiture to the King: and hath charged his said justices, that they shall not suffer the the contrary to be done.   

The 2. of Henry the 4. Chap. 23. fol. 253. The fees of the Marshal of the marshalsey of the King's house.  
ITem, whereas the Marshal of the marshalsey of the Court of our Lord the King's house, in the time of King Edward, grand father of our Lord the King that now is, and before was wont to take the fees, which do hereafter follow, that is to say, of every person that cometh by Capias to the said Court, four pence: and if he be let to mainprize till his day, two pence more: and of every person which is impleaded of trespass, and findeth two mainpernors to keep his day, till the end of the plea, to take for that cause two pence of the defendant: and of every person committed to prison by judgement of the Steward, in whatsoever manner the same be, four pence: of every person delivered of felony, and of every fellow let to mainprize by the Court four pence: which fees were wont to be taken and paid in full Court, as the King hath well perceived by the complaint of the said Commons thereof made in the said Parliament: The same our Lord the King, to avoid all such wrongs and oppressions to be done to his people, against the good customs and usages made and used in the time of his progenitors, by the advice & assent of the Lords Spiritual & Temporal, & at the supplication of the said Commons hath ordained and established, that if the said Marshal or his Officers, under him, take other fees then above are declared, that the same Marshal and every of his Officers, shall lose their Offices, and pay triple damages to the party greeved, and that the party greeved have his suit before the Stewards of the said Court for the time being.  
Also it is ordained and established, that no Servitor of Bills that beareth a staff of the same Court, shall take for every mile from the same Court to the same place, where he shall do his service any more than one penny, and so for 12. miles twelve pence, and for to serve a Venire facias 12. homines, etc. or a Distringes out of the same Court, the double. And if any of the said Servitors of Bills do the contrary, he shall be punished by imprisonment, and make a fine to the King after the discretion of the Stewards of the same Court, and also be fore judged the Court, and the same Steward shall have power to make proclamation at his coming to the said Court, in every Country from time to time of all the articles aforesaid, and thereof to execute punishment as afore is said. 9 R. 2 5.   

The 4 of Henry the 4 Chap. 23. fol. 259. judgements given shall continue until they shall be reversed by attaint or error.  
ITem, where as well in plea real as in plea personal after judgement given in the Courts of our Lord the King, the parties be made to come upon grievous pain, sometime before the King himself, sometime before the King's Council, and sometimes to the Parliament, to answr thereof of new, to the great impoverishing of the parties aforesaid, and in the subversion of the Common law of the land: it is ordained and established, that after judgement given in the Court of our Lord the King, 
19 H. 6 fo. 39 Dyer fo. 315. 321. 376.  the parties and their heirs shall be thereof in peace, until the judgement be undone by attaint or by error, if there be errors, as hath been used by the Laws in the time of the King's progenitors.   

The 5. of Henry the 4. Chap. 5. fol. 261. It shall be felony to cut out the tongue, or pull out the eyes of the King's liege people.  
ITem, because that many offenders do daily heat, wound, imprison, and maim divers of the King's liege people, and after purposely out their tongues, or put out their eyes. It is ordained and established, that in such case the offenders that so cut●eth tongues, or puts out the eyes of any the King's liege people, and that duly proved, and found, that such deed was done of malice prepensed, they shall incur the pain of felony.   

The 5. of Henry the 4. Chap. 10. fol. 263. justices of peace shall imprison none but in the Common Gaol.  
ITem, because that divers Constables of Castles, within the Realm of England be assigned to be justices of Peace, by Commission of our Lord the King, and by colour of the said commissions they take people to whom they bear evil will, and imprison them within the said Castles, till they have made sine and ransom with the said Constables for their deliverance: It is ordained and established, 
Cook li. 9 fo. 119.  that none be imprisoned by any justice of the Peace, but only in the common Gaol: Saving to Lords and other (which have Gaoles) their franchise in this case.   

Now comes in some Statutes of palpable Bondage, about choosing Parliament men, etc. The first I shall give you is the 1. of Henry the 5. Chap. 1. fol. 274 What sort of people shall be chosen, and who shall be the choosers of the Knights and Burgesses of the Parliament.  
FIrst, that th● Statutes of the election of the Knights of the Shirs to come to the Parliament be holden and kept in all points: adjoining to the same, that the Knights of the Shires, which from henceforth shall be chosen in every Shire, be not chosen unless they be resident within the Shire where they shall be chosen, the day of the date of the Writ of the summons of the Parliament. And that the Knights and Esquires, and other which shall be choosers of those Knights of the Shires be also resident within the same Shires in manner and form as is aforesaid. 
Rast. pl. fo. 446.  And moreover, it is ordained and established, that the Citizens and Burgesses of the Cities and Boroughs be chosen men, Citizens and Burgesses resiant, dwelling and free of the same cities and boroughs, and no other in any wise. 7. H. 4. 15. 8, H. 6. 7. 10. H. 6. 2. 23. H. ●. 15.   

The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be justices of the Peace.  
FIrst, that the justices of the peace from henceforth to be made within the Counties of England, shall be made of most sufficient persons dwelling in the same counties, by the advice of the Chancellor and of the King's Council, without taking other persons dwelling in foreign Counties to execute such office, except the Lords and justices of Assizes now named, and to be named by the King and his Council. 
1. Ed. 3. 16. 34. Ed. 3. 1.  And except all the Kings chief Steward of the Land and Signories of the Duchy of Lancaster, in the North parts and in the South, for the time being. 13. R. 2. 7.   

Chap. 3. Of what estate those jurors must be, which are to pass touching the life of man, plea real, to forty marks damages.  
ITem, the King considering the great mischiefs and disherisons, which daily happen through all the realm of England, as well in case of death of a man, as in case of freehold, and in other cases by them which pass in inquests in the said cases, which be common jurors and other, that have for little to live upon, but by such inquests, and which have nothing to lose, because of their false oaths, whereby they offend their conscience the more largely: and willing thereof to have correction and amendment, 
2. H. 7. fo. 13. 10. H. 7. fo. 14. 9 H. 5. fo. 5. 10. H. 6. fo. 7. 8. 18. 7. H. 6. fo. 44. Dyer fo. 144 Cook Inst. part 1. 272. a. Rast. pl. fo. 117.  hath ordained and established by assent of the Lords and Commons aforesaid, that no person shall be admitted to pass in any inquest upon trial of the death of a man, nor in any inquest betwixt party and party, in plea real, nor in plea personal, whereof the debt or the damage declared, amount to forty marks, if the same person have not Land, or Tenements of the yearly value of forty shillings, above all charges of the same, so that it be challenged by the party, that any such person so impanelled in the same cases, hath not Lands or tenements of the yearly value of forty shillings above the charges as afore is said. 28. Ed. 3. 13. 8. H. 6 29.   

The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers, and who shall be chosen Knights of the Parliament.  
ITem, Whereas the election of Knights of Shires, to come to the Parliament of our Lord the King, in many Counties of the Realm of England, have now of late been made by very great outrageous and excessive number of people, dwelling within the same Counties of the Realm of England, of the which most part was of people of small substance, 
* This is a Statute of bondage and less of liberty. 1. H. 5. 1. 10. H. 6. 2. 6. H. 6. 4. 11. H. 4. 1. 23. H. 6. 15. Rast. pla. fo. 440.  and of no value, whereof every of them pretended a voice equivalent, as to such elections to be made, with the most worthy Knights and Esquires dwelling within the same Counties, whereby manslaughters, riots, batteries, and divisions among the Gentlemen, and other peoples of the same Counties shall very likely rise and be, unless convenient and due remedy be provided in this behalf: Our Lord the King considering the premises, hath provided, ordained, and established by authority of this present Parliament, that the Knights of the Shires to be chosen within the same Realm of England, to come to the Parliaments of our Lord the King, hereafter to be holden, shall be chosen in every County of the Realm of England, by people dwelling and resident in the same Counties, whereof every one of them shall have land or tenement, to the value of forty shillings by the year at least, above all charges, and that they which shall be chosen shall be dwelling, and resident within the same Counties. And such as have the greatest number of them, that may EXPEND FORTY SHILLINGS by year, and above, as afore is said, shall be returned by the Sheriffs of every County Knights for Parliament, by Indentures sealed betwixt the said Sheriffs, and the said choosers so to be made▪ And every Sheriff of the Realm of England shall have power by the said authority to examine upon the Evangelists every such choos●●, how much he may expend by the year: And if any Sheriffs re●urn Knights, to come to the Parliament contrary to the said Ordinance, the justices of Assizes in their Seasions of Assizes shall have power by the authority aforesaid, thereof to inquire. And if by inquest the same he found before the justices, and the Sheriffs thereof be duly attainted that then the said Sheriff shall incura●● pain of an hundred pound, to be paid to our Lord the King, and also that he have imprisonment by a year, without being le● to mainprize or bail, And that the Knights for the Parliament returned contrary to the said Ordinance, shall lose their wages. 10. H. 6. 2.  
Provided always, that he which cannot expend forty shillings by year, as afore is said, shall in no wise be chooser of the Knights for the Parliament. And that in every writ that shall hereafter go forth to the Sheriffs, to choose Knights for the Parliament, mention be made of the said Ordinances.   

The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearly value in lands a justice of Peace ought to be.  
ITem, whereas by Statutes made in the time of the King's noble Progenitors, it was ordained, that in every County of England, Justices should be assigned of the most worthy of the same counties, to keep the peace, and to do other things, as in the same Statutes fully is contained, 
1. Ed. 3. 16 18. Ed. 3. 2. 13. R. 2. 7. 17. R. 2. 10.  which Statutes notwithstanding, now of late in many Counties of England the greatest number have been deputed and assigned, which before this were not wont to be, whereof some be of small behaviour, by whom the people will not be governed nor ruled, and some for their necessity do great extortion and oppression upon the people, whereof great inconveniences be likely to rise daily, if the King therefore do not provide remedy; The King willing against such inconveniences to provide remedy, hath ordained and established by authority aforesaid, That no justice of peace within the Realm of England in any County, shall be assigned or deputed, if he have not lands or tenements to the value of 20. l. by year: and if any be ordained hereafter to be justices of peace in any County, which hath not lands or tenements to the value aforesaid, that he thereof shall give knowledge to the Chancellor of England for the time being, which shall put another sufficient in his place, and and if he give not the said knowledge (as before) within a month after, that he hath notice of such Commissions, or if he sit or make any warrant or precept by force of such Commissions, he shall incur the penalty of 20. l. and nevertheless be put out of the Commission as before, and the King shall have the one half of the said penalty, and he that will sue for the King the other half, and he that will sue for the King, and for himself, shall have an action to demand the same penalty by writ of debt at the common Law.  
Provided always, that this Ordinance shall not extend to Cities, Towns, or Boroughs, which be Counties incorporate of themselves, nor to cities, towns, or boroughs, which have justices of peace of persons dwelling in the same by commission or warrant of the King, or of his progenitors. Provided also, that if there be not sufficient persons having lands & tenements to the value aforesaid, learned in the Law, and of good governance within any such County, that the Chancellor of England for the time being, shall have power to put other discreet persons learned in the Law, in such Commissions, though they have not lands or tenements to the value aforesaid, by his discretion. 27. H. 8. chap. 24.   

The 20. of Henry the 6. Chap. 8. fol. 336. In what case the King's Purveyors that would take Cattles, may be resisted.  
ITem, it is ordained by the authority aforesaid, that the Statutes before this time made of Purveyors and buyers, shall be holden and kept, and put in due execution. And in case that any purveyor, buyer, or taker, will take and make purveyance, or buy any thing to the value of forty shillings, or under of any person, and make not ready payment in hand, that then it shall be lawful to every of the King's liege people to retain their goods and cattles, and to resist such purveyors and buyers, 
28. Ed. 3. 12.  and in no wise suffer them to make any such p●rveyances, buy, or take: And to keep the peace better, every constable, tithingman, or chief pledge of every town or hamlet, where such take or purveyances shall be made, shall be helping or assistant to the owner, or seller of such things, to be taken against the form of this Ordinance, to make resistance in the manner aforesaid, in case that such constables, tithingmen, or chief pledges be required so to do, upon pain to yield to the party so grieved the value of the things so raken with his double damages: and that none of the King's liege people be put to loss or damage by the King or any officer for such resistance. And that none of the K●ngs officers shall cause to be arrested, vexed, or impleaded in the Court of the marshalsea or else where, any of the King's liege people for such detaining, or not suffering to be done, upon pain to lose 20. l. the one moiety thereof to the King, and the other moiety to him which will in such case sue: and that the justices of peace in evety County, shall have power by authority of this Ordinance, to inquire, hear, and determine as well at the suit of the King, as of him that will sue, of any thing done against this Ordinance, and thereof to make due punishment, and execution, and to award damages to the party plaintiff, when any defendant is thereof duly convict, and that upon every action to be taken upon this Ordinance, every party defendant shall be put to answer unto it without the aid of the King, and in such actions to be taken, process shall be made as in a writ of trespass, done against the peace, and that in every Commission of Purveyors, buyers, or takers to be made, this Ordinance shall be contained and expressed. And moreover that this Ordinance among other Statutes of purveyors, buyers, or takers before this time made, shall he sent to the Sheriffs of every County of England to proclaim and deliver the said Statutes, and Ordinances in the manner and form contained in the Statute of purveyors and buyers, 
2. H. 6. 2. 36. E. 3. 6.  made the first year of the reign of our said Lord the King, upon the pain contained in the Statute. And moreover the King will and commandeth, that the Statute made the 36. year of King Edward, late King of England, the third after the conquest, touching the purveyors of other persons then of the King, shall be put in due execution. 2. H. 4. 14.   

The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriff shall let to Farm his County or any Bailiwick. The Sheriffs and Bailiffs fees and duties in several cases.  
ITem, the King considering the great perjury, extortion, and oppression, which be, and have been in this realm, by his Sheriffs, under Sherifees and their Clerks, Coroners, Stewards of franchises, Bailifeses and keepers of prisons, and other officers in divers counties of this realm, hath ordained by authority aforesaid, in eschewing of all such extortions, perjury, 
20. H. 7. fo. 12. 21. H. 7. fo. 36. 4. H. 4. 5. Kel. fo. 108. ●1. H 7. fo. 16. Rast. pla. fo. 318. Coke. pla. 365. 3. E. 1. 26. Dyer. fo. 119.  and oppress●ion, that no Sheriff shall let to farm in any manner his county, nor any of his Bailiwicks, Hundreds, nor wapentakes, nor that the said Sheriffs, under Sheifes, baili●ffes of Franchises, nor any other Bailiff, shall return upon any writ or precept to them directed to be returned, any inquests in any panel thereupon to be made, any Bailiffs, officers, or servants to any of the officers aforesaid, in any panel by them so to be made, nor that any of the said Officers and Ministers, by occasion or under colour of their office, shall take any other thing by them, nor by any other person to their use, profit, or avail, of any person by them, or any of them, to be arrested, or attached, nor of any other of them, for the omitting of any arrest or▪ attachment to be made by their body, or of any person by them, or any of them, by force, or colour of their office arrested or attached for fine, fee, suit of prison, mainprize, letting to bail, or showing any ease or favour to any such person so arrested or to be arrested for their reward or profit, but such as follow, that is to say. For the Sheriff twenty pence, the Bailiff that maketh the arrest or attachment four pence, and the Gaoler, if the prisoner be committed to his Ward, four pence. And that the Sheriff, under Sheriff, Sheriff's Clerk, Steward, or Bailiff of Franchise, servant or Bailiff, or Coroner shall not take any thing by colour of his office by him, nor by any other person to his use, of any person, for the making of any return or panel, and for the copy of any panel, but four pence, and that the said Sheriffs and all other officers and Ministers aforesaid, shall let out of prison all manner of persons by them or any of them arrested, or being in their custody by force of any writ, bill, or warrant, in any action personal, or by cause of indictment of trespass, upon reasonable sureties of sufficient persons, having sufficient within the counties where such persons be so let to bail or mainprize, to keep their days in such places as the said writs, 
Fitz N. B. fo. 251. B. Blow. fo. 60. Coke. l. 10. fo. 101. 37. H. 6. fo. 1. Blow. fo. 60. Dyer fo. 118. 323. 364. 7. Ed. 4. fo. 5. Coke li. 3. fo. 59 li. 10. fo. 99 Rast. pla. fo. 371. 31. El. 9 Dyer fo. 25.  bells, or warrants shall require. (Such person or persons which shall be in their Ward by condemnation, execution. Capiat utlagatum or excommunicatum, surety of the peace, and all such persons, which be or shall be committed to ward by special commandment of any justices, and vagabonds refusing to serve according to the form of the Statute of Labourers only except.) And that no Sheriff, nor any of his officers or Ministers aforesaid, shall take or cause to be taken, or make any obligation for any cause aforesaid, or by colour of their office, but only to themselves, of any person, nor by any person, which shall be in their Ward by the course of the law, but by the name of their office, and upon condition written, that the said prisoners shall appear at the day contained in the said writ, bill or warrant, and in such places, as the said writs, bills, or warrants shall require. And if any of the said Sheriffs or other Officers or Ministers aforesaid, take any obligation in other form by colour of their offices, that it shall be void. And that he shall take no more for the making of any such Obligation, Warrant, or precept by them to be made, but four pence. And also that every of the said Sheriffs shall make yearly a deputy in the King's Courts of his Chancery, the King's Bench, the Common Place, and in the Exchequer of Record, before that they shall return any Writs, to receive all manner of Writs and Warrants to be delivered to them: And that all Sheriffs, under Sheriffs, Clerks, Bailiffs, Gaolers, Coroners, Stewards, Bailiffs of Franchises, or any other officers or ministers, which do contrary to this Ordinance in any point of the same, shall lose to the party in this behalf endamaged, or grieved his triple damages, and shall forfeit the sum of 40. l. at every time that they or any of them do the contrary thereof in any point of the same, whereof the King shall have the one half to be employed to the use of his house, and in no otherwise, and the party that will sue the other half. And that the justices of Assizes in their Sessions, justices of the one Bench and of the other, and justices of the Peace in their County, shall have power to inquire, hear and determine of office without special Commission, of and upon all them that do contrary to these Ordinances in any article or point of the same. And if the said Sheriffs return upon any person Cepi corpus or Reddidit se, that they shall be chargeable to have the bodies of the said persons at the days of the returns of the said Writs, Bills, or Warrants, in such form as they were before the making of this Act.   

The 1. of Richard the 3. Chap. 3. fol. 385. Every justice of peace may let a prisoner to mainprize. No Officer shall seize the goods of a prisoner until he be attainted.  
FOrasmuch as divers persons have been daily arrested and imprisoned for suspection of Felony, sometime of malice, and sometime of a light suspection, and so kept in prison without bail or mainprize to their great vexation and trouble: Be it ordained and established by authority of this present Parliament, that every justice of peace in every Shire, City, or Town, shall have authority, and power by his or their discretion, to let such prisoners, and persons so arrested, to Bail or Mainprize, in like form as though the same prisoners or persons were indicted thereof of record before the same justices in their Sessions: and that justices of Peace have authority to inquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony. 
Rep. 3. H. 7. 3. 1. & 2. P. & M. 13. 7. H. 4. fo. 47. 44. Ass. Pl. 14. 43. Ed. 3. fo. 24. Cook li. 1 fo. 171. 26. Ass. pl. 32.  And that no Sheriff, under Sheriff not Escheater, Bailiff of franchise, nor any other person, take or seize the goods of any person arrested or imprisoned for suspicion of felony, before that the same person so arrested and imprisoned, be convicted or attainted of such felony according to the Law, or else the same goods otherwise lawfully forfeited, upon pain to forfeit the double value of the goods so taken, to him that is so hurt in that behalf, by action of debt to be pursued by like process, judgement and execution, as is commonly used in other actions of debt sued at the Common law. And that no essoin, or protection be allowed in any such action: Nor that the defendant in any such action be admitted to wage or do his Law.  
I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867.  
And be it further enacted by authority aforesaid, that if any person do subtract or withdraw any manner of tyths, obventions, profits, commodities, or other duties before mentioned, or any part of them contrary to the true meaning of this act, or of any other act heretofore made, that then the party so substracting, or withdrawing the same, may or shall be convented and sued in the King's Ecclesiastical court, 
† Suits for withholing of tyths shall be in the Eccllesiasticall Court and no where else.  by the party from whom the same shall be substracted or withdrawn, to the intent the King's judge Ecclesiastical shall and may, then and there, hear and determine the same according to the King's Ecclesiastical Laws. And that it shall not be lawful unto the Parson, Vicar, Proprietory, Owner, or other their Fermors, or deputies contrary to this act, to convent or sue such withholder of tithes, obventions, or other duties aforesaid, before any other judge, than Ecclesiastical. And if any Archbishop, Bishop, Chancellor, or other judge Ecclesiastical, give any sentence in the foresaid causes of tithes, obventions, profits, emoluments and other duties aforesaid, or in any of them (and no appeal no prohibition hanging) and the party condemned do not obey the said sentence, that then it shall be lawful to every such judge Ecclesiastical, to excommunicate the said party, so as afore condemned, and disobeying, in the which sentence of excommunication, if the said party excommunicate wilfully stand and endure still excommunicate, by the space of 40. days next after, upon denunciation and publication thereof, in the Parish Church, or the place, or Parish where the party so excommunicate is dwelling, or most abiding, the said judge Ecclesiastical, may then at his pleasure signify to the King in his court of Chancery, of the state and condition of the said party so excommunicate, and thereupon to require process De excommunicato capiendo, to be awarded against every such person, as hath been so excommunicate.   

The 13. of Elizabeth, Cham 12. fol. 1099. Reformation of disorders in the Ministers of the Church.  
THat the Churches of the Queen's Majesty's Dominions may be served with Pastors of sound Religion: be it enacted by the authority of this Present Parliament, That every person under the degree of a Bishop, which doth, or shall pretend to be a Priest or Minister of God's holy word and Sacrament, by reason of any other form of institution, Consecration, 
3. Ed 6. 12. 5. Ed. 6. 1.  or ordering, than the form set forth by Parliament in the time of the late King of most worthy memory, King Edward the sixth, or now used in the reign of our most gracious Sovereign Lady, before the feast of the Nativity of Christ next following, shall in the presence of the Bishop or Guardian of the spiritualities of some one diocese, where he hath, or shall have Ecclesiastical living, declare his assent, and 
a Dyer fo. 377.  subscribe to all the Articles of Religion, which only concern the confession of the true Christian faith, and the doctrine of the Sacraments, comprised in a book imprinted, entitled, Articles, whereupon it was agreed by the Arch Bishops, and Bishops of both Provinces, and the whole Clergy in the Convocation holden at London in the year of our Lord God, a thousand five hundred sixty and two, according to the computation of the Church of England, for the avoiding of the diversities of opinions, and for the establishing of consent touching true Religion, put forth by the Queen's authority: and shall bring from such Bishop or Guardian of spiritualties, in writing under his seal authentic, a testimonial of such assent and subscription, and openly on some Sunday in the time of some public service afternoon, in every Church where by reason of any Ecclesiastical living he ought to attend, read both the said testimonial, and the said Articles upon pain that every such person which shall not before the said Feast do as is above appointed, shall be 
b Cook l. 6. fo. 29.  (ipso facto) deprived, and all his Ecclesiastical promotions shall be void, as if he than were naturally dead.  
And that if any person Ecclesiastical, or which shall have Ecclesiastical living, shall advisedly maintain or affirm any doctrine directly contrary or repugnant to any of the said Articles, and being convented before the Bishop of the Diocese, or the Ordinary, or before the Queen's Highness' Commissioners in causes Ecclesiastical, shall persist therein, or not revoke his error, or after such revocation eftsoons affirm such untrue doctrine: such maintaining or affirming, and persisting, or such eftsoon affirming, shall be just cause to deprive such person of his Ecclesiastical promotions: And it shall be lawful to the Bishop of the Diocese, or the Ordinary, or the said Commissioners, to deprive such persons so persisting, or lawfully convicted of such eftsoons affirming, and upon such sentence of deprivation pronounced, he shall be indeed deprived.  
And that no person, shall hereafter be admitted to any Benefice with Cure, except he then be of the age of three and twenty years at the least, and a Deacon, and shall first have subscribed the said Articles in presence of the Ordinary, and publicly read the same in the Parish Church of that benefice with declaration of his unfeigned assent to the same. And that every person after the end of this Session of Parliament to be admitted to a benefice with Cure, except that within two months after his induction, he do publicly read the said Articles in the same Church, whereof he shall have Cure, in the time of Common Prayer there, with declaration of his unfeigned assent thereto, and be admitted to minister the Sacrament within one year after his induction, if he be not so admitted before, shall be upon every such default, ipso facto, immediately deprived.  
And that no person now permitted by any dispensation or otherwise, shall retain any Benefice with cure, being under the age of one and twenty years, or not being Deacon at the least, or which shall not be admitted as is aforesaid, within one year next after the making of this act, or within six months after he shall accomplish the age of 24. years, on pain that such his dispensation shall be merely void.  
And that none shall be made Minister, or admitted to preach or administer the Sacraments, being under the age of 24. years, nor unless he first bring to the Bishop of that Diocese from men known to the Bishop to be of sound Religion, a Testimonial both of his honest life, and of his professing the doctrine expressed in the said Articles: nor unless he be able to answer and render to the Ordinary an account of his faith in Latin, according to the said Articles, or have special gift and ability to be a Preacher: nor shall be admitted to the order of Deacon or Ministry, unless he shall first subscribe to the said Articles.  
And that none hereafter shall be admitted to any Benefice with Cure, of or about the value of thirty pounds yearly in the Queen's Books, unless he shall then be a Bachelor of Divinity, or a Preacher lawfully allowed by some Bishop within this Realm, or by one of the Universities of Cambridge or Oxford.  
And that all admissions to Benefices, Institutions, and inductions to be made of any person contrary to the form or any provision of this Act, and all tolerations, dispensations, qualifications, and licences, whatsoever to be made to the contrary hereof, shall be merely void in law, as if they never were.  
Provided always, that no title to confer or present by 
a Dyer fo. 377. 346. 369. Co. ll 6. fo. 29.  lapse, shall accrue upon any deprivation, ipso facto, but after six months after notiec of such deprivation given by the Ordinary to the Patron.   

The 1. of james Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court  
FOrasmuch as all exactions, extortions and corruptions are odious, and prohibited, in all well governed Commonweals, Be it enacted, that no person, to whom any order or cause shall be committed or referred, by any of the King's judges, or Courts at Westminster, or any other Court shall directly or indirectly, or by any art, shift, colour or device, have, take, or receive, any money, fee, reward, covenant, obligation, promise, agreement, or any other thing, for his report or Certificate by writing, or otherwise, upon pain of the forfeiture of 100 l. for every such Report or Certificate, and to be deprived of his office and place in the same Court: the one moiety of the said forfeitures to be our Sovereign Lord the King, his heirs and successors, the other moiety to the party grieved, which will sue for the same, at any time during the said suit, or within one year after the same cause discontinued or decreed, and in his default of such suit to him or them that will sue for the same, by original Writ, Bill, plaint, or Information in his Majesty's high Court of Star Chamber, or in any his Majesty's Courts of Record at Westminster, in which suit, by Writ, Bill, plaint, or Information, no wager of Law, Essoin, Privilege, Supersedeas, Protection, or any other delay, shall be suffered or admitted.  
Provided nevertheless, that it shall be lawful for the Clerk to take for his pains for writing of every such Report or Certificate, 12. d. for the first side, and 2. for every side after, and no more, upon pain to forfeit 10. s. for every penny taken over and above the said sum, to be had and recovered, as aforesaid.    
Having given you the most material Statutes, that I conceive at present makes for your most advantage, that I can find in the Statutes at large, I shall here insert three or four Statutes made this present Parliament, that in my judgement is extraordinary well worth your knowledge and understanding, the first thus follows.  

Anno 17. Caroli Regis. An Act for regulating of the Privy Council, and for taking away the Court commonly called, the Star Chamber.  
WHereas by the GREAT 
a 9 H. 3. 29.  CHRTER many times confirmed in Parliament, It is enacted, that no freeman shall be taken or imprisoned or disseised of his free hold or Liberties or free Customs, or be Outlawed or exiled or otherwise destroyed, and that the King will not pass upon him, or condemn but by lawful judgement of his Peers, or by the Law of the Land; And by another Statute made in the 
b 5. E 3. 9  fifth year of the Reign of King Edward the third, It is enacted, That no man shall be attached by any accusation, nor forejudged of life or limb, nor his Lands, Tenements, Goods, nor Chattels seized into the King's hands against the form of the GREAT CHARTER, and the law of the land. And by another Statute made in the five and twentieth year 
c 25 E. 3. 4.  of the reign of the same King Edward the third, It is accorded, assented and established, that none shall be taken by petition, or suggestion made to the King or to his Council, unless it be by Indictment or Presentment of good and lawful people of the same Neighbourhood where such deeds be done, in due manner, or by Process made by Writ original at the Common Law, and that none be put out of his Franchise or , unless he be by duty brought in, to answer, and forejudged of the same by the course of the Law, and if any thing be done against the same, it shall be redressed and holden for none. And by another Statute made in the 28 year 
d 28. E. 3. 3.  of the Reign of the same King Edward the third, It is amongst other things enacted, that no man of what estate or condition soever he be, shall be put out of his Lands or Tenements, nor taken nor imprisoned, nor disinherited, without being brought in to answer by due process of Law. And by another Statute made in the 42. year 
e 42. Ed. 3. 3.  of the Reign of the said King Edward the third. It is enacted that no man be put to answer without presentment before justices, or matter of Record, or by due Process and Writ original, according to the old Law of the Land, and if any thing be done to the contrary, it shall be void in Law, and holden for error. And by another Statute made in the 36. year of 
f 36. Ed. 3.  the same King Edward the third, It is amongst other things enacted, That all Pleas which shall be pleaded in any courts before any the King's justices, or in his other places, or before any of His other Ministers, or in the Courts and places of any other Lords within the Realm, shall be entered and enroled in Latin. And whereas by the Statute made in the third year of King Henry the seventh, power is given to the Chancellor, the Lord Treasurer of England for the time being, and the Keeper of the King's Privy Seal, or two of them, calling unto them a Bishop and a Temporal Lord of the Kings most honourable Council, and the two chief justices of the King's Bench and common Pleas for the time being, or other two justices in their absence to proceed, as in that Act is expressed, for the punishment of some particular offences therein mentioned. And by the Statute made in the one and twentieth year of King Henry the eighth, The Precedent of the Council is associated to join with the Lord Chancellor and other judges in the said Statute, of the third of Henry the seveth mentioned, But the said judges have not kept themselves to the points limited by the said Statute, but have undertaken to punish where no law doth warrant, and to make Decrees for things having no such authority, and to inflict heavier punishments then by any law is warranted.  
And forasmuch as all matters examinable, or determinable before the said judges, or in the Court commonly called the Star-Chamber, may have their proper remedy and redress, and their due punishment, and correction by the Common Law of the Land, and in the ordinary course of justice elsewhere; And forasmuch as the reasons and motives inducing the erection and continuance of that Court do now cease, and the proceed, Censures, and Decrees of that Court, have by experience been found to be an intolerable burden to the Subject, and the means to introduce an Arbitrary power and Government, And forasmuch as the Council Table, hath of late times assumed unto itself a power to intermeddle in Civil causes and matters, only of private interest between party and party, and have adventured to determine the Estates and Liberties of the Subject, contrary to the Law of the Land, and the rights and privileges of the Subject, by which great and manifold mischiefs, and inconveniencies have arisen and happened, and much incertainty by means of such proceed hath been conceived concerning men's rights, and estates; For settling whereof, and preventing the like in time to come.  
Be it Ordained and Enacted by Authority of this present Parliament. That the said Court commonly called the Star-Chamber, and all jurisdiction, power, and authority, belonging unto, or exercised in the same Court, or by any of the judges, Officers, or Ministers thereof, be from the first day of August, in the year of our Lord God, 1641. clearly and absolutely dissolved, taken away, and determined, and that from the said first day of August, neither the Lord Chancellor, or Keeper of the great Seal of England, the Lord Treasurer of England, the Keeper of the King's Privy Seal, or Precedent of the Council, nor any Bishop, Temporal Lord, Privy Councillor, or judge, or justice whatsoever, shall have any power, or authority to hear, examine, or determine any matter, or thing whatsoever, in the said Court commonly called the Star-Chamber, or to make, pronounce, or deliver any judgement, Sentence, Order, or Decree, or to do any judicial, or Ministerial Act in the said Court; And that all and every Act, and Acts of Parliament, and all and every Article, clause and sentence in them, and every of them, by which any Jurisdiction, power, or authority is given, limited, or appointed unto the said Court commonly called the Star-Chamber, or unto all● or any the judges, Officers, or Ministers thereof, or for any proceed to be had, or made in the said Court, or for any matter, or thing to be drawn into question, examined, or determined there, shall for so much as concerneth the said Court of Star-Chamber, and the power and authority thereby given unto it, be from the said first day of August repealed, and absolutely revoked and made void.  
And be it likewise enacted. That the like jurisdiction now used and exercised in the Court before the Precedent, and Council in the Marches of Wales, and also in the Court, before the Precedent, and Council established in the Northern parts: And also in the Court, commonly called the Court of the Duchy of Lancaster, held before the Chancellor, and Council of that Court: And also in the Court of Exchequer, of the County Palatine of Chester, held before the Chamberlain and Council of that Court; The like jurisdiction being exercised there, shall from the said first day of August 1641; be also repealed, and absolutely revoked and made void, any Law, prescription, custom, or usage, Or the said Statute made in the third year of King Henry the seventh; Or the Statute, made the one and twentieth of Henry the eighth, Or any Act, or Acts of Parliament heretofore had, or made to the contrary thereof in any wise notwithstanding; And that from henceforth no Court, Council, or place of judicature shall be erected, ordained, constituted, or appointed within this Realm of England, or Dominion of Wales, which shall have, use, or exercise the same, or the like jurisdiction, as is, or hath been used, practised, or exercised in the said Court of Star-Chamber.  
Be it likewise declared, and enacted by authority of this present Parliament, That neither his Majesty, nor his Privy Council, have, or aught to have any jurisdiction, power or authority, by English Bill, Petition, Articles, Libel, or any other Arbitrary way whatsoever, to examine or draw into question, determine, or dispose of the Lands, Tenements, Hereditaments, Goods, or Chattels, of any the Subjects of this Kingdom; But that the same aught to be tried, and determined in the ordinary Courts of justice, and by the ordinary course of the law.  
And be it further provided, and enacted, That if any Lord Chancellor, or Keeper of the great Seal of England, Lord Treasurer, Keeper of the King's privy Seal, Precedent of the Council, Bishop, Temporal Lord, Privy Councillor, judge, or justice whatsoever, shall offend or do any thing contrary to the purp●rt, true intent and meaning of this Law, Then he or they shall for such offence, forfeit the sum of five hundred pounds of lawful money of England, unto any party grieved, his Executors, or Administrators, who shall really prosecute for the same, and first obtain judgement thereupon, to be recorded in any Court of Record at Westminster, by action of Debt, Bill, Plaint, or Information, wherein no Essoine, Protection, Wager of Law, Aid, Prayer, Privilege, Injunction, or Order of restraint shall be in any wise, prayed, granted, or allowed, nor any more than one Imparlance. And if any person, against whom any such judgement, or Recovery shall he had as aforesaid, shall after such judgement, or Recovery offend again in the same, than he, or they for such offence, shall forfeit the sum of one thousand pounds, of lawful money of England, unto any party grieved, his Executors, or Administrators, who shall really prosecute for the same, and first obtain judgement thereupon to be Recorded in any Court of Record at Westminster, by action of Debt, Bill, Plaint, or Information, in which no Essoine, Protection, Wager of Law, Aid, Prayer; Privilege, Injunction, or Order of Restraint, shall be in any wise prayed, granted, or allowed nor any more than one Imparlance. And if any person against whom any such second judgement, or Recovery shall be had as aforesaid, shall after such judgement, or Recovery offend again in the same kind, and shall be thereof duly convicted, by Indictment, Information, or any other lawful way, or means, that such persons so convicted, shall be from thenceforth disabled, and become by virtue of this Act incapable, Ipso facto, to bear his, and their said Office, and Offices respectively, and shall be likewise disabled to make any Gift, Grant, Conveyance, or other disposition of any his Lands, Tenements, Hereditaments, Goods, or Chattels, or to make any benefit of any Gift, Conveyance, or Legacy to his own use.  
And every person so offending shall likewise forfeit and lose unto the party grieved, by any thing done contrary to the true intent and meaning of this Law, his treble damages, which he shall sustain, and be put unto by means, or occasion of any such Act, or thing done, the same to be recovered in any of His Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoine, Protection, Wager of Law, Aid, Prayer, Privilege, Injunction or Order of Restraint, shall be in any wise Prayed, Granted, or Allowed, nor any more than one Imparlance.  
And be it also provided and enacted, That if any person shall hereafter be committed, restrained of his liberty, or suffer imprisonment by the Order or Decree of any such Court of Star-Chamber, or other Court aforesaid, now, or at any time hereafter having, or pretending to have the same or li●e jurisdiction, Power or Authority to commit, or imprison as aforesaid, Or by the Command or Warrant of the King's Majesty, his Heirs or Successors in their own person, or by the Command or Warrant of the council-board, or any of the Lords, or other of his Majesty's Privy Council, that in every such case every person so committed, restrained of his liberty, or suffering imprisonment upon demand or motion made by his Council, or other employed by him for that purpose, unto the judges of the Court of King's Bench, or Common Pleas, in open Court, shall without delay, upon any pretence whatsoever, for the ordinary Fees usually paid for the same, have forthwith granted unto him a writ of Habeas Corpus to be directed generally unto all and every Sheriffs, Jailer, Minister, Officer, or other person in whose custody the party so committed or restrained shall be, and the Sheriffs, Jailer, Minister, Officer, or other person, in whose custody the party so committed or restrained shall be, shall at the return of the said writ and according to the command thereof, upon due and convenient notice thereof given unto him, at the charge of the party who requireth or procureth such Writ, and upon security by his own bond given, to pay the charge of carrying back the prisoner, if he shall be remanded by the Court, to which he shall be brought, as in like cases hath been used, such charges of bringing up and carrying back the prisoner, to be always ordered by the Court, if any difference shall arise thereabout, bring or cause to be brought the body of the said party so committed, or restrained, unto and before the judges or justices of the said Court, from whence the same writ shall issue in open Court, and shall then likewise certify the true cause of his deteinour, or imprisonment, and thereupon the Court within three Court days after such return made and delivered in open Court, shall proceed to examine or determine whether the cause of such Commitment appearing upon the said return be just and legal, or not, and shall thereupon do what to justice shall appertain, either by delivering, bailing, or remanding the prisoner. And if any thing shall be otherwise wilfully done or omitted to be done by any judge, Justice, Officer, or other person afore mentioned, contrary to the direction and true meaning hereof, That then such person so offending shall forfeit to the party grieved, his treble damages, to be recovered by such means and in such manner, as is formerly in this Act limited and appointed for the like penalty to be sued for and recovered.  
Provided always and be it enacted That this Act, and the several Clauses therein contained shall be taken and expounded to extend only to the Court of Star-chamber, and to the said Courts holden before the Precedent and Council in the Marches of Wales, and before the Precedent and Council in the Northern parts; And also to the Court commonly called the Court of the Duchy of Lancaster, holden before the Chancellor and Council of that Court: And also in the Court of Exchequer of the County Palatine of Chester, held before the Chamberlain and Council of that Court; And to all Courts of like Jurisdiction to be hereafter erected, ordained, constituted, or appointed as aforesaid, And to the warrants and Directions of the council-board, and to the Commitments, restraints, and imprisonments of any person or persons made, commanded, or awarded by the King's Majesty, his Heirs or Successors in their own person, or by the Lords and others of the Privy Council, and every one of them.  
And lastly, provided, and be it enacted, That no person or persons shall be sued, impleaded, molested, or troubled, for any offence against this present Act, unless the party supposed to have to offended, shall be sued or impleaded for the same within of two years at the most after such time wherein the said offence shall be committed.   

Anno XVII. Caroli Regis. An Act for the declaring unlawful and void the late proceed touching Ship money, and for the vacating of all Records and Process concerning the same.  
Whereas divers Writs of late time, issued under the Great Seal of England, commonly called Shipwrits, for the charging of the Ports, Towns, Cities, Boroughs, and Counties of this Realm respectively, to provide and furnish certain Ships for his Majesty's service. And whereas upon the execution of the same Writs, and Returns of Certioraries thereupon made, and the sending the same by Mittimus into the Court of Exchequer, Process hath been thence made against sundry persons pretended to be charged by way of contribution, for the making up of certain sums assessed for the providing of the said Ships, and in especial in Easter Term, in the thirteenth year of the Reign of our Sovereign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer, to the then Sheriff of BUCKINGHAM-SHIRE, against JOHN HAMDEN Esquire to appear and show cause, why he should not be charged with a certain sum so assessed upon him, upon whose appearance and demurrer to the proceed therein, the Barons of the Exchequer, adjourned the same case into the Exchequer Chamber, where it was solemnly argued divers days and at length it was there agreed by the greater part of all the Justice's of the Courts of King's Bench, and Common Pleas, and of the Barons of the Exchequer there assembled, that the said john Hambden should be charged with the said sum so as aforesaid assessed on him; The main grounds and reasons of the said justices and Barons which so agreed, being that when the good and safety of the Kingdom in general is concerned, and the whole Kingdom in danger, the King might by writ under the Great Seal of England, command all his Subjects of this his Kingdom, at their charge to provide and furnish such number of Ships with Men, Victuals, and Munition, and for such time as the King should think sit, for the defence and safeguard of the Kingdom, from such danger and peril, and that by Law the King might compel the doing thereof, in case of refusal, or refractariness, and that the King is the sole judge both of the danger, and when, and how the same is to be prevented, & avoided, according to which grounds & reasons, a● the justices of the said courts of King's Bench, & Common Pleas, & the said Barons of the Exchequer having been formerly consulted with by his Majestis command, had set their hands to an extraiudiciall opinion expressed to the same purpose, which opinion with their names thereunto was also by his Majesty's command enrolled in the Courts of Chancery, King's Bench, Common Pleas, and Exchequer, and likewise entered among the Remembrances of the Court of Star-Chamber, and according to the said agreement of the said justices, and Barons, judgement was given by the Barons of the Exchequer, that the said JOHN HAMPDEN should be charged with the said sum so assessed on him; And whereas some other Actions and Process depend, and have depended in the said Court of Exchequer, and in some other Courts against other persons, for the like kind of charge, grounded upon the said Writs, commonly called SHIPWRITS, all which Writs, and proceed as aforesaid, were UTTERLY against the Law of the Land.  
Be it therefore declared and enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present Parliament assembled, and by the authority of the same, That the said charge imposed upon the Subject, for the providing and furnishing of Ships, commonly called Ship-money, and the said extraiudiciall opinion of the said justices and Barons, and the said Writs, and every of them, and the said agreement or opinion of the greater part of the said justices and Barons, and the said judgement given against the said JOHN HAMPDEN were, and are contrary to, and against the Laws and Statutes of this Realm, the right of property, the liberty of the Subjects former resolutions in Parliament, and the PETITION OF RIGHT made in the third year of the Reign of his Majesty that now is.  
And it is further declared and enacted by the authority aforesaid, That all and every the Particulars prayed or desired in the said PETITION OF RIGHT, shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed, as in the same PETITION THEY ARE PRAYED AND EXPRESSED, and that all and every the Records and Remembrances of all and every the judgement, Inrolements, Entry and proceed as aforesaid, and all and every the proceed whatsoever, upon or by pretixt or colour of any of the said Writs, commonly called Shipwrits, and all and every the Dependants on any of them, shall be deemed and adjudged to all intents, constructions, and purposes to be utterly void and disannulled, and that all and every the said judgement, Inrolments, Entryes, Proceed, and Dependants of what kind soever, shall be vacated and canceled in such manner and form as Records use to be that are vacated.   

Anno XVII. Caroli Regis. An Act for the prevention of vexatious proceed touching the Order of Knighthood.  
Whereas upon pretext of an ancient custom, or usage of this Realm of England, That men of full age being not Knights, and being seized of Lands or Rents, of the yearly value of forty pounds, or more (especially if their seizing had so continued by the space of three years next passed) might be compelled by the King's writ, to receive or take upon them the order or dignity of Knighthood, or else to make Fine for the discharge or respite of the same; Several Writs about the beginning of his Majesty's reign issued out of the Court of Chancery, for Proclamations to be made in every County to that purpose, and for certifying the names of all such persons, and for summoning them personally to appear in the King's presence before a certain day, to be there ready to receive the said Order or Dignity: Upon return of which writs, and transmitting the same with their Returns into the Court of Exchequer, and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer, Process by Distringas was thence made against a very great number of persons, many of which were altogether unfit, in regard either of estate or quality, to receive the said Order or Dignity, and very many were put to grievous Fines and other vexations for the same, although in truth it were not sufficiently known how, or in what sort, or where they, or any of them should, or might have addressed themselves for the receiving the said Order or Dignity, and for saving themselves thereby from the said Fines, Process, and vexations: And whereas its most apparent that all and every such proceed, in regard of the matter therein pretended, is altogether useless and unreasonable; May it therefore please your most Excellent Majesty that it be by authority of Parliament declared and enacted.  
And be it declared and enacted by the Kings most excellent Majesty, and the Lords and Commons in this Parliament assembled, and by the authority of the same, That from henceforth no person or persons of what condition, quality, estate or degree so ever, shall at any time be distrained or otherwise compelled by any writ, or process of the Court of Chancery, or Court of Exchequer, or otherwise by any means whatsoever, to receive or take upon him or them respectively, the Order or Dignity of KNIGHTHOOD nor shall suffer or undergo any fine, trouble, or molestation whatsoever, by reason or colour of his or their having not received, or not taken upon him or them the said order or dignity: And that all and every Writ or Process whatsoever, and all and every proceeding which shall hereafter be had or made contrary to the intent of this Act, shall be deemed and adjudged to be utterly void: and that all and every Process proceeding, and Charge now depending by reason or colour of the said pretended custom, or writs aforesaid, or of any the dependants thereof, shall from henceforth cease and stand, be and remain discharged and utterly void; Any former Law or Custom, or any pretence of any former Law or Custom, or any other matter whatsoever to the Contrary in any wise notwithstanding.  
I shall conclude this collection at present with the Bill of Attainder, passed against Thomas Earl of Strafford this present Parliament, as I find it printed in the 303. pag. of a book printed for Will. Cook at Furnifalls Inn gate in Holborn 1641. called Speeches and Passages of this Parliament, from the 3. Novemb. 1640. to this instant Inn 1641. which thus followeth.   

The Bill of Atainder that passed against Thomas Earl of STRAFFORD.  
WHereas the Knights, Citizens, and Burgesses of the House of Commons, in this present Parliament assembled, have, in the name of themselves, and of all the Commons of England, impeached Thomas, Earl of Strafford of high Treason, for endeavouring to subvert the Ancient and Fundamental Laws and Government of his Majesty's Realms of England and Ireland, and to introduce an Arbitrary and Tyrannical Government against Law in the said Kingdoms; and for exercising a tyrannous and exorbitant power, over and against the Laws of the said Kingdoms, over the Liberties, Estates, and Lives of his Majesty's Subjects; and likewise for having by his own authority, commanded the laying and asseising of Soldiers upon his Subjects in Ireland, against their consents, to compel them to obey his unlawful commands and orders made upon paper Petitions, in causes between party and party, which accordingly was executed upon divers of his Majesty's Subjects in a warlike manner, within the said Realm of Ireland; and in so doing did LEVY WAR against the King's Majesty and his liege people in that Kingdom; And also for that he upon the unhappy Dissolution of the last Parliament did slander the House of Commons to his Majesty, and did council and advise his Majesty, that he was lose and absolved from the rules of Government, and that he had an Army in Ireland, by which he might reduce this Kingdom; for which he deserves to undergo the pains and forfeitures of high Treason.  
And the said Earl hath been also an Incendiary of the wars, between the two Kingdoms of England and Scotland: all which offences have been sufficiently proved against the said Earl upon his impeachment.  
Be it therefore enacted by the Kings most Excellent Majesty, and by the Lords and Commons, in this present Parliament, and by authority of the same, that the said Earl of Strafford for the heinous crimes and offences aforesaid, stand, and be adjudged and attainted of high Treason, and shall suffer such pain of death, and incur the forfeitures of his Goods, and Chattels, Lands, Tenements, and Hereditaments of any estate of freehold or Inheritance in the said Kingdoms of England and Ireland, which the said Earl, or any other to his use, or in trust for him, have or had the day of the first sitting of this present Parliament, or at any time since.  
Provided that no judge or judges, justice or justices whatsoever, shall adjudge or interpret any Act or thing to be Treason, nor in any other manner than be or they should or ought to have done before the making of this Act, and as if this Act had never been had or made. Saving always unto all and singular persons and bodies, politic and corporal, their Heirs and Successors, others then the said Earl and his Heirs, and such as claim by, from, or under him, all such right, title, and interest, of, in, and to all and singular, such of the said Lands, Tenements, and Hereditaments, as he, they, or any of them, had before the first day of this present Parliament, any thing herein contained to the contrary notwithstanding.  
Provided that the passing of this present act, and his Majesty's assent thereunto, shall not be any determination of this present Sessions of Parliament, but that this present Session of Parliament, and all Bills and matters whatsoever depending in Parliament, and not fully enacted or determined. And all Statutes and Acts of Parliament, which have their continuance until the end of this present Session of Parliament, shall remain, continue, and be in full force, as if this Act had not been.   
Now after these small collection of Statutes. I shall give you some general heads of things that I conceive are very necessary for you to know, for the preservation of your lives, liberties, and estates, in this murdering robing plundering, and law and liberty destroying age, and because tithes are of such concernment to all the honest & noun substantive free men of England; and so daily a grievance to the conscientious and moral just men of this Kingdom, by reason of the Priests and persons covetous endeavouring to rob the people of there truly come by goods, which they have no right unto, either by the Laws of God, reason, equity or nature, against which that you may be the better fortified, I shall insert here the plea and answer of William Browne unto the bill of the parson of Stepny, with some marginal notes upon it, and some other things depending upon it. The plea thus followeth.  

The Plea & answer of William Brown, one of the defendants to the Bill of complaint of Josuah Hoyle, entitled by the said bill Doctor of Divinity, and vicar of the Parochial church of Stepney, alias Stichen heath in the County of Midlesex pretended debtor to the King's Majesty that now is.  
THe said defendant by protestation not confessing nor acknowledging any thing in the said bill of complaint material against the said defendant to be true, but rather devised & set forth of purpose to put him this defendant to wrongful vexation costs and charges, and expenses in Law; for plea saith, that by the plaintiffs own showing forth, the complainant hath no just cause to sue this defendant upon his said bill in this honovable Court, neither is this defendant compellable to answer the same, for that the said complainant by his said bill allegeth and saith, that there is and time out of mind (where of the memory of man is not to the contrary) hath been an ancient custom and usage that the inhabitants of the said parish, have always paid unto the Vicars of the said parish for the time being, a composition rate for milch Cowes, orchards, gardens, lands, and sows, and oblations of poultry, as in the said bill of complaint is set forth, which if any such custom and usage be, the same is triable at the COMMON law, 
† This is a mistake of the council that drew the plea, for tithes by the statute law of this Kingdom, are only recoverable in the ecclesiastical courts, and not at the common law, as fully and clearly appears by the 1 of Ed. 6. chap. 13. and the ecclesiastical jurisdiction is totally abolished by act of Parliament, this present Parliament anno Caroli Regis 17. so that by law the Parsons can recover no tithes.  and not in this honourable Court upon the said bill of Complaint: And therefore this Defendant humbly prayeth judgement of this honourable Court, whether he shall make any further answer to the said complainants, Bill of Complaints. Nevertheless if he this Defendant shall be ordered to make any further, or other answer unto the said Complainants Bill of Complaint, then and not otherwise, this Defendant, all benefit and advantage of exception to the uncertainties & insufficiencies of the said Complainants said Bill, still to this Defendant now, and at all times hereafter saved, for further answer thereunto, this Defendant saith; That he verily believeth it to be true, that for some hundred of years while the Kingdom groaned under the Papal yoke, and was subject to the Pope's supremacy, Tyths and certain manner of Tything and other oblations were exacted and taken by the PAPAL Bishops, Parsons, Vicars, and Curates of many Parishes, and of a great part of this Kingdom, until ●he Pope's supremacy and jurisdiction within this kingdom, and all appeal to the sea of Rome were abrogated and annulled by divers several Statutes. 
* Penalty for maintaining the authority of the Bishop of Rome 5. Eliz. chap 1. Penalty to draw any subjects from their obedience to the King to the Roman religion. Idem.  And this Defendant verily believeth, that the Popish Bishops, Parsons, and Vicars, and their substitutes, since retained and continued in the Church of England, did afterwards receive and take tithes, and certain manner of tithing and other oblations of several parishes within this kingdom, for their wages, Cure and reading the Book of Common Prayer. † And this Defendant saith, ●hat the said Inhabitants of the said Parish, in the said bill mentioned or any of them, did never ●ay or were ever accustomed to pay unto any Vicars of the said parish, the said composition for milch Cowes, Orchards, Gardens, Lands, and Sows, or other oblations as in the said bill is, and set forth, or any other composition or rate for the same, but only to such Vicars thereof as were made and ordained Ministers by the Bishops, some or one of them. 
† The names, functions and styles of Bishops are taken away. Ord. 9 Octob. 1646. and their Episcopal jurisdiction and power with their tithes, vicarages, personages, etc.  And what composition or rate for milch Cowes, Orchards, Gardens, Lands or Sows, or other oblations the said Inhabitants or any of them did pay unto any of the said Vicars for the time being of the said parish in the said Bill mentioned, since the abolishing of the Pope's supremacy, the same was paid for officiating, reading the book of Common Prayer, and administering, the Sacraments, and preaching according to the Canons and constitutions of the Bishops and their Clergy. 
* See the 13. Eliz. chap. 12.  And what composition rate for tithes or other oblations this Defendant or any of the said Inhabitants have paid unto the said Complainant, the same was unduly exacted by the Complainant, so as the said complainant hath no right nor title by colour of any such prescription or custom to have and demand the said composition rate, for the premises or any of them, on this Defendant, as in the said bill is set forth and demanded, for that by authority of this present Parliament the function and Miniministrie of Bishops, Parsons, and Vicars are abrogated and avoided. 
* Hierarchy exterpated root and branch, and government by Prelacy, whereof Vicars be part. See the Ordinances of the 9 of Octob. and the 16. Novemb. 1646 2. part book decls. fol. 922. 932. see also the Covenant.  And likewise the book of Common prayer, and the administering of the Sacraments, and preaching according to the Bishop's Canons and injuctions by authority of this present Parliament, utterly taken away and disannulled. 
† See the Ordinances of the 3. jan. 1644. and 23. August, 1645. Parl. Decl. 2. part fol. 715. 716.  And this Defendant doth conceive no tithe or composition rate for tithe, nor any other oblations for Poultry are due by law, but have been taken no otherwise then by jewish or Popish institution, 
* Tyths are not due iure divino, and at this present there is no law to compel their payment. Cook Rep. 2. Quen. d. Winchester.  and provision, as by the Statute made for the payment of tithes, and oblations, whereunto reference being had will appear, the same being made only for the maintenance of the Popish and prelatical Clergy and Ministry and no other. And he this Defendant believeth is to be true, and hopeth to prove, that neither by the law of God nor man, any tyths, composition, rates for tyths, or other oblations for poultry ought to be paid to any persons or Vicars or other Ecclesisticall Minister, or Ministers whomsoever, for this Defendant saith, that by the Parliaments Protestation made by authority of this present Parliament the 5. day of May, 1641. against popery and popish innovations, all Laws, Customs, Acts and Ordinances for the payment of tyths or manner of tithing, ra●e or composition for tyths or other oblation to any parson or Vicars of any parish within this Kingdom, their names and offices being Popish, and Antichristian, the same having no foundation in the word of God are utterly void and null. And this Defendant denyeth that he ever did, nor now doth combin, practice, or confederate with the other Defendants named in the said Bill or any of them, or with any other person or persons whatsoever to wrong the said Complainant, as in the said Complainants bill is untruly suggested. And without that this defendant had & depastured within the said Parish, eight and twenty Cows within the said parish, as in the Complainants bill is alleged, or that the Complainant is Debtor or Accountant to the King, or that the said Complainant is unlawfully entitled to have, receive, and take the Viccarage, tithe, or the composition, rate for tithe, and the said oblations as were formerly paid to the POPISH VICCARS, HIS PREDECESSORS if in case the same had been paid, as in the said bill is alleged. And without that any other matter or thing in the said bill of complaint contained material or effectual to be answered unto, and not herein fully answered unto, confessed and avoided, traversed or denied is true: therefore this Defendant humbly, prayeth to be dismissed out of this honourable Court, with his reasonable costs and expenses in this behalf wrongfully had and sustained.  
Mr Fage Senior Councillor.   
But what just proceeding Mr. Brown had upon this Plea before the present Barons of the Exchequer, his own Petition to themselves, and to the House of Commons against them, will very fully demonstrate, the first of which thus followeth.  

To the Right Honourable His Majesty's Barons of the Court of Exchequer.  
The humble Petition of William Brown.  
SHOWETHS,  
THat josua Hoyle now Vicar of the Parish of Stepney, ever since he got the Vicarage hath been very troublesome, and vexatious, to your Petitioner, and other the Parishioners there, endeavouring by illegal, forcible and indirect ways and meaness, to extort from them tithes, and certain manner of tithing, which by law he could not demand nor they compelled to pay, as by their learned council, they are informed and hope to prove, if they may have the benefit of the Law, which is the inheritance of every freeborn, Englishman.  
That under colour of the Ordinance for tithes the said Mr. Hoyle did take from your petitioner goods of a considerable value, for which your petitioner hath no satisfaction.  
That the said Mr. Hoyle the more to vex your petitioner, causelessly served your petitioner with a Subpena to answer a bill in the Court of exchequer for pretended tithes, and other duties to which Bill your petitioner in Michaelmas term last, answered by advice of his Council learned in the Law, divers other of the said parishioners being named defendants in the said Bill, but not served till Easter term last, of purpose to put them to the more charges, and weary them out with Multiplicity of Suits, and unnecessary Expenses in Law.  
That the said Mr. Hoyle procured an Order of this Court that your Petitioner should show cause by a certain day in the last Term why your petitioners Plea, and Answer, should not be taken of the file as scandalous, and your Petitioner ordered to pay cost, and make a further and better answer.  
That your petitioner in obedience to the order of the Court by his council Mr. Norbery and Mr. King, attended several days to show cause for allowing his plea and answer, but when that cause was called upon, your petitioners Counsellors were not suffered to show forth to the Court the sufficiency in Law of your petitioners said plea and answer, Baron Atkins telling your petitioners counsellors that Mr. Fage who subscribed the same, his hand should never be received again in that court, & further threatened your petitioners counsellors saying that if they or any other Counsellors should appear in any such cause, should be debarred from pleading in that Court, whereupon though the said Mr. Norbery & Mr. King were prepared able and ready & had undertaken to maintain your petitioners said plea and answer to be good and sufficient in law, was so overawed by Baron Atkins that for fear to offend him and the Court they were silenced, and so without further debate, or Council heard, your petitioners Plea was over ruled, and this Answer Judged scandalous, and insufficient, and your petitioner further, ordered to pay forty shillings cost, and make further answer.  
That your petitioner is a freeman of England, and by the great Charter of Liberty ought to be under the protection of the Law, and ought not to be condemned unheard, neither agreeth it with the honour and justice of this Court to deny Council to plead and open their Clients cases as was done in your petitioners case, which your petitioner hopes you will rectify, and allow his Council to be reheard, and to set forth the sufficiency in Law, of his Plea and Answer, whereby your petitioner may not have cause, or occasion, to Appeal from this Court, or complain of you to the Parliament for obstructing of Justice, which if your petitioner receive not timely redress, and relief, in the Promises, he must be constrained to do.  
That without ever any order, or further process serving the said Mr. Hoyle for want of further answer hath prosecuted several processes of contempts against your petitioner, and threatened to lay your petitioner in Goal, upon a Commission of Rebellion for the same, and hath served your petitioner with a Subpena for forty shillings cost upon your petitioners first plea, and answer, which Mr. Hoyle will without doubt do, if your honour give not present order for stay of further proceed upon the said last Subpena, and process of contempt already taken out against your petitioner.  
Your Petitioner therefore humbly prayeth, that you will be pleased for the love and honour of justice and removeing the cause of your petitioners appeal from this Court and complaining of you, that you will give direction for stay of the said cost and proceed upon the said processes of contempts against your petitioner, and that you will declare and order that your Petitioners council may be reheard without check or offence and allowed freely to show out to the Court the sufficiency in Law of your petitioners plea and answer to the end there may not be a failer of justice through you, and your petitioner left without relief or remedy, by being denied to be heard upon the mirit and equity of his cause according to Law, which in the worst of times, by the worst judges was never done to any either in the case of ship-money, or any other cause as Burton, Prinn, and Bastwicks' cases, all which your petitioner refereth to your honourable consideration. And prayeth as before he hath prayed. etc.  
William Browne.   

To the right honourable the Commmons assembled in Parliament, the humble petition of Will. Brown of Stepney alias Steben heath in the County of Midlesex.  
SHOWETHS  
THat Josua Hoyle, Vicar of the parish of Stepney aforesaid, in Michaelmas term last, exhibited his bill in the Court of exchequer against your petitioner, and divers other parishioners there, for substraction of tithes, to which bill your petitioner by his learned council pleaded and answered the same term, but the said Mr. Hoyle obtained an order from that Court, for your petitioner to show cause, why his plea, and answer should not be taken of the file as scandalous.  
That your petitioner according to the order of that Court, the 18. May last, by his counsel Mr. NORBERY and Mr. KING offered to the Court to maintain his said plea and answer, to be good and sufficient in Law, but Baron Atkins one of the Barons of that Court, would not suffer your petitioners council to open your petitioners cause, in a threatening manner telling them, that the Counsellor who subscribed your petitioners Plea and answer, should never be allowed in that Court, and if they (meaning Mr. NORBERY and Mr. KING) or any other Counsellor did appear in any such cause, they should never again plead in that Court, and so your petitioners said council were overawed, and silenced, that without further hearing, or debate, the Court adjudged your petitioners plea, and answer scandalous; and further ordered Mr. Fage who signed the same, his hand should never be allowed to any plead in that Court, and your petitioner to pay forty shillings cost to Mr. Hoyle as by the order in the Court in that cause will appear, which doing of the said Baron Atkins and the said last recited Order are contrary to the rule of justice, and the great Charter of Liberty, wherein it is said justice and Right shall the denied to no man.  
That the said Mr. Hoyle since, without ever serving the said Order upon your Petitioner, having procured several processes of contempts against him, for want of further answer, and served him with a Subpena for the 40. s. cost, your petitioner thereupon having petitioned the Barons of that Court for justice, and to have liberty to show forth to the Court, the sufficiency in law of the said plea and answer, which Mr. NORBERY and Mr. KING had before undertaken to your petitioner to do, and offered to the Court if they might have been heard, (as they were not) to have maintained for good and sufficient in law, which petition hereunto annexed, Baron Trevers having read and acquainted his Brother Atkins with the contents thereof, Baron Atkins replied and said, let Brown complain if he will, I have done him justice, his business shall be no more heard. And thus your Petitioner being deprived, and destitute of all means of obtaining right and justice in that Court, is constrained for his own safety, to forsake his own house and family, and live as an exile and fugitive, Mr. Hoyle threatening to cast him into prison, upon the said Baron's Order, which doubtless he will do to your petitioners undoing, unless your petitioner be protected by the justice of this honourable house.  
That your petitioner hath largely and many ways manifested his good affection to the Parliament, in his free and voluntary gifts and contributions, over and above his ability, and by his ready payment of all taxes and assessments, having long voluntarily served the Parliament in this war against the enemy, to the often endangering his life, and the much impoverishing his estate, having lost 16. Horses in the Parliaments service, for which he hath not had one penny satisfaction, besides almost 200. l. due to him in Arrears for his service as a Wagoner.  
That as your Petitioner is informed Mr. Hoyle by law, cannot sue your petitioner in any Court for substraction of Tyths, then in the Court Christian so called, 
* 2. & 3. Ed. 6. 13. Coo. li. 2. fol. 43.  the same being now taken away by authority of Parliament. 
* See the act of the 17. of C.R. for abolution of Ecclesiastical jurisdiction.  And so Mr. Hoyle if in case the same were due, as they are not, he hath no means or the recovery of the same, but by the Ordinance of this present Parliament, which your petitioner did never oppose whensoever the said Mr. Hoyle did take your petitioners goods upon the same, as sometimes he did amounting to a considerable value.  
Your Petitioner therefore humbly prayeth this honourable House will be pleased to take your Petitioner under protection, to stay the contempts and illegal proceed of Mr. Hoyle in that Court against your petitioner, and to call the said Barons of the Exchequer, and in particular Baron Atkins before you, to answer this Petition, to the end according to your many Declarations, Promises, and Protestations, justice may not be obstructed, or your Petitioner denied the benefit of the law, or privilege of a free borne Denizon. And the said Barons receive such condign punishment for their unjust dealing and proceed against your Petitioner, as shall seem meet and agreeable to the wisdom and justice of this honourable House. The like not any of the judges in the worst of times durst ever do, that ever your Petitioner heard of: And your Petitioner if he may be protected and allowed by this honourable House, to prosecute this Petition, he will give security to make good the contents thereof. And as in duty bounden, your Petitioner shall ever pray, etc.  
Will. Brown.  
Take notice and mark it well, that though tyths are by law to be sued for in Ecclesiastical Courts only, yet treble damages for none payment of tyths, are to be sued for by the same Statute of the 2. and 3. Ed. 6 13. in Civil Courts at the Common Law, and therefore the best plea to a bill of treble damages, is that you own the Parson, &c, no tyths at all, and put him to prove the first.   
Here you see what gallant justice is to be found amongst the judges at Westminster Hall that the pleaders of honest causes cannot be suffered to press the law freely for their Clients, but must be threatened and commanded to hold their peaces before they have pressed fully either law or reason for those that hire them to be their mouths to do it for them.  
Is this to perform their oath? which you may read before, pag. 10. In which they swear to do equal law, and execution of right to all kinds of men, rich and poor, without having regard to any person, or persons whatsoever; And that they shall deny to no man common right, by the King's letters, nor none other man's, nor for no other cause, and in case any letters or commands shall come to them, contrary to the law, that they shall do nothing by such letters or commands, but proceed to execute the law notwithstanding.  
Or is not this their dealing, with Mr. Brown and his Council a clear demonstration of their breaking their Oaths? and absolutely forswearing themselves. And therefore seeing neither Mr. Brown, not no man else that complains to the parliament against the injustice of the judges, can get the least justice against them, is not this, and other of their visible breaking of their Oaths a true and legal cause to indict them for perjury? upon which if conviction follow, they are ipso facto, disabled for ever to sit judges any more, or to be witnesses in any causes whatsoever, betwixt party and party.  
For this is to be taken notice of, that if a jury bring in a false verdict against the express evidence given in unto them, that thereupon by law, they are to have their houses razed down to the ground, and never to be built again, their trees pulled up by the roots, their ground to lie follow and waste, without tillage or use, their names and their children's to be infamous, reproachful, and contemptible, etc. And therefore without doubt, the judge's punishment for palpable injustice, must needs be much more than theirs. And an excellent piece of justice, and worth the highest commendation, it was in King Alfred, to hang 44▪ justices in one year as murderers, for their false judgements 
* See Andrew Horns mirror of justice in English, chap. 5. Sect. 1. pag. 239 240 241. 242. &c printed for Ma●. Walbank at Gray's Inn gate, 1646 where all their crimes are set down, which book is most extraordinarily well worth your reading. .  
But seeing the Parsons, Vicars, & curates cannot recover their tyths by law, they have unjustly & illegally got up a custom, to come or send their illegal Agents into men's grounds or houses, to take away their goods and chattels, and men are so foolish as to let them, although by law, if any man under any pretenc of authority whatever, shall dare to endeavour by force to come into a freeman's house, unless it be under pretence of Treason or Felony committed, or suspicion of Treason, or Felony, or to serve an execution after judgement for the King, the free man may stand upon his guard, as against so many Thiefs and Robbers; and if he shoot or kill them every one, I know nothing to the contrary, but they have their mends in their own hands, and they, nor none for them, can justly requ●e any of him or them, that so in his or their own legal defence destroys them.  
And if they take away your goods as usually they do, you have your remedy at law by way of Replevie to get 
* Which writs of Replevy, you may have out of the Cusitore office belonging to every County, but get at one and the same time a writ of Replevin, a writ of All as and a writ of Pluries, which last Writ runs with a penalty, and if the Sheriff do not execute it, there lies an attachment against him, and in case he return that the goods are sold, and gone before he could repleve them, or drove into another County, than you may have a Capias in withernam to distrain and take the parties own goods, that caused the first goods to be distrained, or any of those that had a hand in distraining, and no supersedeas whatsoever will lie to control, or damn the writ, or hinder the execution of it, which writs with all other in force, you may read in the Law book called the Register, by the help of which, you may make all the Parsons in England go whistle for their Tyths Which Register doth very well deserve your care and pains by authority to be translated into English.  your goods again, putting in bail to the Sheriff to answer the law against him that distrained your goods, & so you shall bring him to a trial at law to prove his title or claim to your goods, and this I conceive to be clear from the Statutes of Marle bridge, in the 52. H. 3. Anno 1267. Chap. 1, 2, 3, 4. 15, 21. and 3. 8. 3. Chap. 17. Compared with Sir Edward Cooks Exposition upon those several Statutes, in the 2. part of his Institutes, fol. 103, 104, 105, 106, 107. 131, 132, 133. 139 140, 141. 193, 194. and his discourse in his first part Institutes, lib. 2. chap. 12. Sect. 219. fo. 143.  
But that you may not rest in an implicit belief, I shall give you the fore mentioned Statutes verbatum, which thus followeth.  

Chap. 1. fol. 16. The penalty for taking a distress wrongfully.  
WHereas at the time of a commotion late stirred up within this Realm, and also since many great men, and divers other refusing to be justified by the King and his Court, like as they ought and were wont in the time of the King's noble progenitors, and also in his time, but took great revenges and distresses of their neighbours, and of other, until they had amends and fines at their own pleasure. And further some of them would not be justified by the King's Officers, nor would suffer them to make delivery of such distresses as they had taken of their own authority: It is provided, agreed, and granted, That all persons as well of high as of low estate, shall receive justice in the Kings Court. And none from henceforth shall take any such revenge or distress of his own authority without award of our Court, though be have damage or injury, whereby he would have amends of his neighbour either higher or lower. And upon the foresaid Article it is provided and granted, that if any from henceforth take such revenges of his own authority, 
11. H. 4. fo. 2. 47. Ed. 3. fo. 7. 18 Ed. 3. foe 48. 41. Ed. 3. fo. 26. 17. Ed. 3. fo. 9  without award of the King's Court, (as before is said) and be convict thereof, he shall be punished by fine, and that according to the trespass. And likewise if one neighbour take a distress of another without award of the King's Court, whereby he hath damage, he shall be punished in the same wise, and that after the quantity of the trespass. And nevertheless sufficient and full amends shall be made to them that have sustained loss by such distresses.  

Chap. 2. None but suitors shall be destrained to come to a Court.  
MOreover none (of what estate so ever he be) shall distrain any to come to his Court, 
41. E. 3. fo. 26 47. E. 3. fo. 7. Fitz. Bar. 281.  which is not of his Fee, or upon whom he hath no jurisdiction, by reason of Hundred, or Bayliwick, nor shall take Distresses out of the Fee or place where he hath no Baliwick or jurisdiction. And he that offendeth against this Statute, shall be punished in like manner, and that according to the quantity and quality of the Trespass. 3 Ed. 1. 16. Regist fo. 97.   

Chap. 3. A Lord shall not pay a Fine for distraining his Tenant.  
IF any, of what estate soever he be, will not suffer such Distresses as he hath taken, to be delivered by the King's Officers, after the Law and Custom of the Realm, or will not suffer summons, Attachments, or Executions of judgements given in the King's Court, 
Fitz. Rascous 20. Bro Trespass 16. 384. Fitz. Dan. 10. Fitz Heriot. 5.5. H 7. fo. 9.9. H 7. fo. 14.10. H. 7. fo. 2.10. Ed. 4. fo. 7.9. H. 6. fo. 20. Fitz. Trespass 196. S. Ed. 1.17. Fitz. N. B. fo. 102. c. V N. B. fol. 48.  to be done, according to the Law and Custom of the Realm, as is aforesaid, he shall be punished in manner aforesaid, at one that will not obey the Law, and that according to the quantity of the Offence. And if any, of what estate soever he be, distrain his Tenant for Services and Customs being due unto him, or for any other thing, for the which the Lord of the Fee hath cause to distrain, and after it is found, that the same services are not due, the Lord shall not therefore be punished by Fine, as in the cases as foresaid, if he do suffer the Distresses to be delivered according to the Law and Custom of the Realm, but shall be amerced as hitherto hath been used, and the Tenant shall recover his damages against him.   

Chap. 4. A distress shall not be driven out of the County. And it shall be reasonable.  

Fitz Bar 120. 275 Fitz. Distress 1, 2. 16. Fitz. Avowry 192. 30. Ass. pl, 38 29. Ed. 3 fo. 23 Kel. fo. 50. 41. Ed. 3. fo. 26. 29 Ed. 3. fo. 24. 42. Ed. 3. fo. 26. 3. Ed. 1. 16. 1. & 2. Ph. & M. 12. 51. H 3. 28. Ed. 1. 12.  NOne from henceforth shall cause any distress that he hath taken, to be driven out of the County where it was taken. And if one neighbour do so to another of his own authority, and without judgement, he shall make fine (as above is said) as for a thing done against the Peace. Nevertheless, if the Lord presume so to do against his Tenant, he shall be grievously punished by amerciament. Moreover, Distresses shall be reasonable, and not too great. And he that taketh great and unreasonable distresses, shall be grievously amerced for the excess of such distresses. Regist. fo. 97.   


Rast pla. fo. 216. Regist fo. 98. 183. St. 9 Ed. 2. 9 Fitz. N. B. fo. 90. 173 Co. lib. 8. fo. 60. 7. H. 7. fo. 1. 22. Ed. 4. fo. 49. Fitz. Bar 281. Fitz. Trespass 188. Fitz. brief 511. 842. Fitz. Avowry 87. 221. 231.  Chap. 15. fol. 20. In what places Destresses shall not be taken.  
IT shall be lawful for no man from henceforth, for any manner of cause, to take Distresses out of his Fee, nor in the King's high way, nor in the common street, but only to the King or his Officers, having special authority to do the same.   

Chap. 20. fol 21. None but the King shall hold plea of false judgement.  
NO●e from henceforth (except our Lord the King) shall hold in his Court any Plea of false judgement, 
Fitz. Faux judgement 7, 8.10 14. 26.1● Ed. 3. ch. 6.  given in the Court of his Tenants: For such Plea specially belongeth to the Crown and Dignity of our Lord the King Regist. fol. 15. V N. B. fo. 16. Fitz. N. B. fo. 17. Rast. pla. fo. 342 Coke pla. fo. 305.   

Chap. 21. fol 21. who may take Replevins of Distresses.  

Dyer. fo. 245. Bro. Riots 2●3 Bro. Parl. 108 Fitz Return de Viscount 17 Co. Inst. 145 b. 3. Ed. 1 ch. 17. Fitz. N B fo. 68 V N, B. fo. 44.  IT is provided also, that if the Beasts of any man betaken, and wrongfully withholden, the Sheriff, after complaint made to him thereof, may deliver them, without 〈…〉 gainsaying of him tha● took the Beasts, if they were taken out of Liberties. And if the Beasts were taken within any Liberty, and the Bailiffs of the Liberty will not deliver them. than the Sheriff, for default of those Bailiffs, shall cause them to be delivered, Regist. fo. 82. etc.   

The 3. of Edward the 1. Chap. 17. fol. 27. The remedy if a distress be impounded in a Castle or Fortress.  
IT is provided also, that if any from henceforth take the Beasts of other, and cause them to be driven into a Castle or Fortress, and there within the close of such Castle or Fortress, do withhold them against gage and pledges, whereupon the beasts be solemnly demanded by the Sheriff or by some other Bailiff of the Kings at the suit of the plaintiff, the Sheriff or Bailiff taking with him the power of the ●here or Bayliwck do assay to make Replivin of the Beasts, from him that took them, or from his Lord, or from other being servants of the Lord (whatsoever they be) that are found in the place, whereunto the beasts were chased: if any deforce him of the deliverance of the Beasts, or that no man be found for the Lord or for him that took them, 
Bro. Riot. 2. 3. 52. H. 3. 3. 13. Ed. 1. 39 V N. B. fo. 43. 44 Regist. fo. 85. 52. H. 3. 21. Regist. fol. 81. Fitz. N.B. fo. 68 F.  for to answer and make the deliverance, after such time as the Lord or taker shall be admonished to make deliverance by the Sheriff or Bailiff, if he be in the Country, or near, or there whereas he may be conveniently warned by the taker, or by any other of his to make deliverance, if he were out of the Country when the taking was, and did not cause the Beasts to be delivered incontinent, that the King for the trespass and despite shall cause the said Castle or Fortress to be heaten down without recovery: And all the damages that the plaintiff hath sustained in his beasts, or in his gainure, or any otherwise (after the first demand made by the Sheriff or Bailiff of the beasts) shall be restored to him double by the Lord, or by him that took the beasts, if he have whereof: and if he have not whereof, he shall have it of the Lord, at what time or in what manner the deliverance be made after that the Sheriff or Bailiff shall come to make deliverance. And it is to wit, that where the Sheriff ought to return the Kings writ to the bailiff of the Lord of the Castle, or Fortress, or to any other to whom the return belongeth, if the bailiff of the Franchise will no● make deliverance after that the Sheriff hath made his return unto him, then shall the Sheriff do his office without further delay, and upon the foresaid pains. And in like manner deliverance shall be made by Attachment of the plaintiff made without writ, and upon the same pain. And this is to be intended in all places where the King's writ lieth. And if that be done in the Marches of Wales, or in any other place where the King's Writs be not currant, the King which is sovereign Lord over all, shall do right there unto such as will complain.    
Now after this business of Tyths, which by the universal complaint against it all over the Kingdom, appears to be an intolerable, and insupportable burden, I shall a little open unto you, another mischief of far more dangerous consequence, and that is the subvertion of our fundamental laws and liberties; and the exercising of an Arbitrary, Tyrannical government, which I find to be the principal crime laid to the charge of the late Earl of Strafford, for which he lost his head upon the Tower Hill at London, in the year 1641. And that it was his principal crime, appears clearly to me by his Bill of Attainder, which you may read before. pag. 29. and by the fi●st Article of his impeachment, which as I find it printed in the 117. pag. of a book called Speeches and Passages of this Parliament, from the 3. of Novemb. 1640. to june 1641. printed for Will. Crook at Furnifalls Inn gate, in Holborn. 1641. The very words of which thus followeth.  
That he the said Thomas Earl of Strafford, hath traitorously endeavoured to subvert the fundamental laws and government of the Realms of England and Ireland, and in stead thereof to introduce an Arbitrary and Tyrannical Government against law, which he hath declared by traitorous words, counsels, and actions, and by giving His Majesty advice by force of Arms, to compel his loyal Subjects to submit thereunto.  
Now whether this very traitorous crime of the Lord of Strafford, be not really acted since the wars ended, both by the present House of Lords, and by the present Grandees in the Army, I think is obvious to every knowing, rational, understanding, unbiosed man's eye in England; in that both of them have taken upon them to meddle with things not within their cognizance or jurisdiction, and to out men of their lives, liberties and properties, without any legal process and proceeding, all the ordinary Courts of justice in England being open, where only and alone all causes whatsoever between party and parties desidable by the laws of this land, are to be tried and determined and no where else, it being as lawful for a judge, justice of peace, or a Constable to make Laws, as for a House of Lords to execute Laws, their legal and proper work, at most upon their own usurped principals being to make new laws & repeal old laws, to give their consent to raise money for the preservation of the public, and to see it be rightly disposed of, (but they themselves ought not in the least to finger it, much less by votes to give it to each other. it being contrary to the Law of England for Fofees in tru●t (which they would have us to believe they 
* And it ● but a b● belief, s● I say an● will maintain it against a● the proctors of th● present ● House o● Lords hav● in England, tha● they have no more right to their pretended legislative ● power the● a thief that by force tak● my purse● from me. Nor no more right to b● called th● legislator● of England, the● a man to be called an honest woman's husband, that by force and violence robs her of her virginity, and so commits a rape upon her, and by threat to save her life compels her to hold her peace. And I desire all the Commons of England seriously to consider how the Lords that flow from William the Conquerors sword, and the mere will of his successors can rationally pretend to a legislative power, when in their joint Declarations with the present House of Commons they have declared the King their Creator hath none, but is bound by his Coronation oath to pass● all such laws as the folk or Commons shall choose, and what greater evil can there be in the world, the● seeing that all legislative power in the nature of it is Arbitrary, that for life an arbitrary power should b● placed in the Lords, and hereditary in their sons, be they fools or knaves, therefore up with them by the roots, and let no power hereafter be exercised in England, but what acknowledgly flows as a trust from th● people, or their Representatives, and who are subject as other men to the Laws.  are) to give any thing to themselves, to punish all mail Administrators of justice, and to hear and redress all appears upon eronious judgements, given or made in any of the Courts in Westminster-Hall, or elsewhere.  
Yet notwithstanding have they Arbitrarily and Tyrannically summoned and convened men before them (for things desideable, and determinable only at Common Law) without any due process of Law, and have taken upon them, contrary to all law, justice▪ equity, and conscience, to be both Informers, Prosecutors, Witnesses, Parties, jury, and judges, and thereupon have passed most illegal, arbitrary, and tyrannical censures upon the free Commons of England, and thereupon have destroyed and outted them of their lives, liberties, properties, free holds and estates, when as by the fundamental law of the Land, no judge whatsoever, can be judge of matter of Law and fact both, it being the proper right of the jury of 12. men, of a man's Peers or Equals to be judge of matter of fact, which must be proved by legal witnesses duly sworn, and not by the Complainer, Prosecutor, or Party, and then the judge is only to be judge in matter of Law.  
But in the first place I shall begin with the Grandees or Council of war of the Army, who have the most desperatest apostatised from their principles, that it is possible for men to do, and from their pretended patronising of the people's liberties, and Arbitrarily, and Tyrannically have sought the ruin and utter destruction of all those amongst themselves, that have stuck close to the interest of the People, although they themselves made use of the very same persons and Principals, to preserve themselves against that which they themselves called Tyranny in Mr. Hollis, and Sir Philip Stapleton, etc. And that they have so done, I prove by the Pleas of Will. Thompson a late Corporal in the Army, john Crosman a Trooper, John Engram late Capt. Lievt. of the Life Guard, and the Plea for the late Agents, made in Novemb. 1647. Which thus followeth.  

A Defence for the honest Noun substantive Soldiers of the Army, against the proceed of the Gen. Officers to punish them by Marshal Law.  
First. THe arbitrary Government of the Army by Law Martial (which is only necessary when an Army is marching against its enemy, or when no other Court● of justice in a Land are open and free) was wholly dissolved at the Rendezvouz at New market, upon the 4. and 5. of june last, and this I prove by these following reasons.  
1. They associated themselves only as a company of free Commons of England, to stand together upon the just principles, and law of nature and nations, to recover their own and all the people's just rights and liberties. See the solemn Engagement upon june 4. The words are these We the Officers and Soldiers of the Army subscribing hereunto, do hereby declare, agree, and promise to and with each other, that we shall not willingly disband, nor divide, nor suffer ourselves to be disbanded nor divided, until we have security, that we as private men or other the freeborn people of England, shall not remain subject to the like oppression, injury, or abuse as have been attempted. Compare the latter end of page the 4. with page 5. And upon their march towards London, in prosecution of this design, whereupon they associated, the General declared in his letter to the City, that they as English men insisted upon the settlement of the peace of the Kingdom, and the liberty of the Subject, which they had right to demand. See the letter from the General, and the General Officers at Royston upon june 10. page 2. 3. And in their further opening of their meaning and intentions in their agreeing together, or associating as before, they declared upon june 14. That they were not a mercenary Army, hired to serve the arbitrary power of a State, but continued in arms in judgement and conscience for the defence of their own and the people's lust rights and liberties. Now the Army thus refusing to serve the Arbitrary power of the State and agreeing together as English men, to stand upon Principles of Right and Freedom. From hence.  
1. It's clear, that the Officers and Soldiers kept in a body, and so were an Army not by the will of the State, but by their own mutual Agreement.  
2. From thence it's as clear, that they not being an Army by the States will, they were not under those rules of Martial Government, which were given by the will of the State to rule those which were a Military body or Army by their will and power.  
3. From thence it's also as clear, as they continuing an Army at that time, not by the States will, power or Command, but their mutual Agreement, they could be under no other government as an Army but such as they did constitute or appoint for themselves by mutual agreement, and this leads to 22. Reason, proving the dissolution of the Army's government by Marshal Law.  
4. The Soldiers with some Officers of the Army, having by mutual agreement gathered themselves into, or at least continued themselves a Military body or Army, to stand upon principles of right and freedom, did by the same mutual agreement with or engagement to each other frame, constitute or appoint, a form of government for themselves in their prosecuting that just design of common right and freedom fo● themselves and the nation.   
The words of the Engagement, pag. 4. 5. are these. We do hereby declare, agree, and promise to and with each others that we shall not willingly disband, nor divide, nor suffer ourselves to be disbanded or divided without satisfaction in relation to our grievances and desires heretofore presented, and security that we as private men or other the free born people of England, shall not remain subject to the like oppression and injury as have been attempted, and this satisfaction and security to be such as shall be agreed unto by a Council to consist of those general Officers of the Army (who have concurred with the Army in the premises) with two Commission Officers, and two Soldiers to be chosen for each Regiment, who have concurred and shall concur with us in the promises and in this agreement. Hereby a new Council was constitutes contrary to all Martial Law, and Discipline, by whom only they engaged to be ordeered in their prosecution of the ends for which they associated, and by consequence seeing they continued an Army by their own wills, and only to prosecute those ends of common right and freedom, this Engagement to be ordered only by that new Council in their prosecution of those ends, extends to a whole rule of them as an Army.  
Now that this Council was wholly new, and in a way divers or different from all Martial Courts or Counsels of War, that ever the Sun beheld in a mercenary Army, and as different from the Council by which this Army was formerly governed appears thus.  
1. The Members of this Council by which they engaged to be ordered, are different wholly from the Members of all former Counsels in the Army.  
1. The quality of them is different, none but such as concurred in disobeying the Parliament, and in the Principles of common right and freedom, upon which they stood, were to be Members of this Council, neither the General, nor the Lieutenant General themselves were to be Members of this Council unless they had concurred in owning the Regiments refusal to disband, and in their engagement or association, and by consequences they had been no Officers, as will appear hereafter.  
In this all the Orders of War and Martial Laws were broken, for if the General, Lieutenant General, and Commissary Gen. Ireton, had not concurred they could not all have cashiered one Officer that did concur, all the Soldiers had been Engaged to oppose them, pay they could not have cashiered one Soldier that joined in the Engagement, for they promised each to other, not to suffer themselves to be divided before the ends of their Engagements was accomplished.  
2. The station of the Members of this new council in this Army was different from the station of all Members of former Counsels, by the Engagement there was to be two Soldiers in no office out of every Regiment to have voices equal to the General himself in all votes, a thing never practised nor heard of in an Army serving the will of a State.  
3. The number of the Members of this Council is different from all customs and rules of Martial Discipline.  
In this Council, there was to be but four of every Regiment with the General Officers which concurred, thus this Council differed from all Customs in any Army in respect of the Members whereof it was constituted.  
2. This new Council differed from the rules of War in the manner of its constitution, this was not to be constituted by the Gens. will or according to the degrees or offices of men in th● Army, but in a Parliamentary way by the Soldiers free election, the Gen. is bound from calling an Officer to the Council unless he be chosen by his Regiment.  
3. Reason, proving the dissolution of Martial Government in the Army.  
The Gen. in associating with the Soldiers did in the very Engagement, give away all his power of exercising Martial Discipline, he engaged to them & they to him, that they would not suffer themselves to be disbanded or divided, till the ends of their uniting were obtained. Hereby he divested himself of his arbitrary power of cashiering Officers and Soldiers at his pleasure, the cashiering one Officer, or Soldier which associated with the body of the Army in the engagement, is a disbanding, at deviding on part of the Army from another, which he & the Army mutually reciprocally engaged, neither to attempt nor suffer; likewise by this engagement he divested himself of power to command the Soldiers to march to what distance he pleaseth one from an other, this is an other kind of dividing the Army which he enaged neither to effect, nor suffer.  
4. Reason, proving the dissolution of the Government of the Army, by Law Martial.  
The whole Army by agreement or joint consent cashiered all Officers at New maket Heath, that would not associate with them, and engage to stand for common right and freedom, though against the Parliament, and so they houted divers Officers out of the field, unhorsed some and rend their , and be at them: & this in the face of the Gen. all which acts wear death by Martial Law; but this was an actual declaration that the Army did admit of Officers by mutual agreement only, and therefore Government by law Martial was dissolved unless it had been established by mutual consent throughout the Army, for Officers at that time being only admitted by mutual consent they could have no power, but what was betrusted to them by the Soldiers.  
2. Plea, But in case the Government of the Army by Law Martial had not been dissolved by a mutual engagement, yet the very being of peace did dissolve its for in the Petition of 
* See Poultons' collection of statutes p. 1431. 1432.  Right its declared that ●● person aught to be adjudged by Law Martial except in time of War and that all Commissions given to execute Martial Law, in time of peace are contrary to the Laws and Statutes of the Kingdom, and it was the Parliaments complaint that Martial Law, was then commanded to be executed upon Soldiers for robbery, mutiny, or murder.  
And it was settled as the undoubted right of every English man, that he should be punishable only in the Ordinary Courts of justice, according to the Laws and Statutes of the Kingdom By all this it appears that it is illegal and unjust for the Officers of the Army to try or punish any Agent, or other by Law Martial, upon pretence of Mutiny or any other offence: the whole Army stand as Englishmen, and if they offend are not exempted from the proceeding against them, and punishments to be inflicted upon them, by the laws, and statutes of the Kingdom, and therefore cannot in justice be subject also to law martial, so that all Agents and Soldiers now accused for mutiny, for their late prosecution of public freedom, according to the agreement of the people, without their Officers content shall unworthily betray their own and their countries' Liberty, if they shall submit to be tried in any other way then by the known Laws and statutes of the Land.  
The forementioned Plea of William Thompson (who was lately a Corporal in Colonel Whaleyes Regiment, and was formerly cashiered at the head thereof, and yet after that imprisoned and endeavoured to be hanged for his honesty) thus followeth.   

England's Freedom, Soldiers Rights: Vindicated against all Arbitrary unjust Invaders of them, and in partcicular against those new Tyrants at Windsor, which would destroy both under the pretence of Martial Law. OR, The just Declaration, Plea and Protestation of William Thompson, a free Commoner of England, unjustly imprisoned at Windsor. Delivered to his Excellency Sir Thomas Fairfax, and that which is called his Council of War, the 14. of December, 1647. Unto which is annexed his Letter to the General, wherein the said Plea was enclosed. Also a Petition of the rest of his Fellow-Prisoners to his Excellency.  

May it please your Excellency,  
I Am by birth a free Commoner of England, and am thereby entailed or entitled unto an equal privilege with yourself, or the greatest men in England, unto the freedom and liberty of the Laws of England, as the Parliament declares in their Declaration of the 23. of October, 1642. 1 part book Decl. pag. 660. And the 29. Chap. of Magna Charta expressly saith, That no man shall be taken or imprisoned, or be disseised of his Freehold or Liberties, or free customs, or be outlawed or exiled, or any other ways destroyed, nor pest upon nor condemned, but by the lawful judgement of his Peers (or Equals) and that by due course, or process of the Law of the Land 
† See Sir Edw. Cooks Exposition hereof in his 2. part Institut. fol. 46, 47, 50, 51. , which expressly saith, that no man shall he taken or restrained of his liberty, by petition or suggestion (made unto whomsoever in authority) unless it be by indictment or presentment of good and lawful men where such deeds be done: and that no man whatsoever be put to answer (any crime whatsoever) without presentment before justices or matter of record or by due process and writ orinall, according to the old law of the land, and if any thing from henceforth be done to the contrary it shall be void in law, and holden for 
* See the 5. Ed. 3.9. & 25. Ed. 3.4 & 28. Ed. 3.3. & 37. Ed. 3.18. & 42. Ed. 3.3. and the Petition of Right in the third of the King, and the Statutes that abolished the Star-chamber and Ship money, made this present Parliament; and Lieutenant Col. john Lilburnes Book called the Resolved man's Resolution, p. 2. 3, 8, 9 and his Grand Plea against the Lords, pag. 7, 8, 9  error.  
Therefore Sir, for you who are a General of an Army, and other of your Marshal Officer's who are are no Civil Court of justice, nor authorized with the least legal power in the world to administer justice, and execute the law of the land, upon, or unto any of the Commoners of England, to dare or presume to restrain, imprison, try or meddle with me as you have done, who am in no other capacity in the world but barely and altogether as a Commoner of England, is the height of arbitrary tyranny, injustice and 
* Well saith Sir Edward Cook in the 2. part of his Institutes fol. 48. that every oppression against law by colour of any usurped authority, is a kind of destruction: for when any thing is forbidden, all that tends to it is also forbidden: and it is (saith he) the worst oppression that is done by colour of justice. See also Lib. 10. fo. 74. in the case of the Marshalsea.  oppression, and an absolute destruction of the very fundamental Laws of England, the bare endeavouring of which cost the Earl of Strafford his head. And what the doom of him is that destroys the fundamental Laws of the Land, I shall give you out of the very words of your own friend Mr. St. john, in his Argument of law concerning the Bill of Attainder of high Treason of Thomas Earl of Strafford, at a conference in a Committee of both Houses of Parliament, printed by G. M. for John Bartlet at the sign of the gilt Cup near St. Augustine's Gate in Paul's Church Yard. 1641, who in the 70. page thereof saith, That the destruction of the Laws dissolves the arteries and ligaments that hold the body together ●he that takes away the Laws, takes not away the allegiance of one Subject alone, but of the whole Kingdom it was (saith he) made treason by the Statute of the 13. El. for her time, to affirm, that the Laws of the Realm do not bind the descent of the Crown; no Law, no descent at all: No Laws, (saith he,) no Peerage, no ranks or degrees of men 
† And therefore you, with your deal with me, that am merely a free Commoner of England, and so not in the least under your Marshal Discipline (but solely and only under the discipline of the known declared, and established Laws of England) by your arbitrary, tyrannical actings upon me, have absolutely as much as in you lies, destroyed the fundamental Laws of England, and therefore are as absolute Hedge breakers and Levellers as ever were in this Kingdom. ; the same condition to all. It's treason to kill a judge upon the Bench, this kills not the judge, but the judgement. And in page 71. he saith, Its felony to embezzle any of the judicial Records of the Kingdom; this, (viz. the destruction of the law,) sweeps all away, and from all.  
It's treason to counterfeit a twenty shilling piece, here is a counterfeiting of the Law, we can call 〈◊〉 the counterfeit, not the true coin our own.  
It's treason to counterfeit the great Seal for an Acre of Land, no property hereby (viz. the destruction of the Law) is left to any Land at all: nothing treason now, either against King or Kingdom no law to punish it.  
And therefore I advise you as a friend to take heed that you go no further on in your illegal, arbitrary, tyrannical and law-destroying practices with and towards me, lest when for your own lives you claim the benefit of the Law, you be answered in the words of your foresaid friend in pag. 72. That he in vain calls for the help of the Law, that walks contrary unto Law, and from the Law of like for like; (he that would not have others to have law, why should he have any himself? why should not that be done to him, that himself would have done to another? it is true, (saith he Ibid.) we give law to Hares and Deres, because they be beasts of chase, but it was never accounted either cruelty or foul play to knock Foxes and Wolves on the head, as they can be found, because these be Beasts of Prey; the Warrener set; traps for Poulears and other vermin, for preservation of the Warren.  
And in pag. 76. he saith, in the 11. R. 2. Trisilian, And some other attainted of treason for delivering opinions in the subvertion of the Law, and some other for plotting the like 
* Read also to this purpose Mr. john Pyms Speech against the Earl of Strafford, the 12. of April, 1641. printed for john Battler, but especially p. 5. 6. 8. 9 13. 18. 23. 24. .  
But if you shall object, that you deal with me as you are a General and Officers of an Army by Marshal Law, for endeavouring to make mutinies or tumults in your Army, or by bi●●●ing and defaming your reputations, and so drawing your Soldiers from their affection and obedience unto you.  
I answer in the first place, there can in this Kingdom be no pretence for Martial Law, but when the Kingdom is in a general hurly burly and uproar, and an Army or Armies of 〈◊〉 enemies in the Field, prosecuting with the sword the destruction of the whole, and thereby, stopping the regular and legal proceed of the Courts of justice from punishing offenders and transgressors.  
But now there being no Army nor Armies of declared enemies in the field, nor mo●● prisons in the possessions of any such men, nor no general hurly-butlies and uproars by any such men in the Kingdom, but all such as are visibly subdued and quieted, and all Courts of justice open and free to punish offenders and transgressors; and therefore even to the Army is self and the Officers and Soldiers therein, there is no reason or ground for exercising of Martial Law, much less over Commoners that are not under the obedience of the Army, which is my case.  
And that in time of peace, there neither is, nor can be any ground of exercising and executing of Martial Law; I prove out of the Petition of Right, which was made in the third year of the present King, and is printed in Pultons' Collection of the Statutes at large, fol. 1431, 1432. 
* And in the 1. 2. 3. pages before.  which expressly saith, that by authority of Parliament, in the 25. year of the Reign of King Edward the 3. it is declared and enacted, That no man shall be forejudged of life or limb against the form of the great Charter and the law of the land, and by the said great Charter, and other the laws and Statutes of this Realm, no man ought to be adjudged to death, but by the law established in this Realm 
† See the 9 H. 3. 29. 5. Ed. 3.9. & 25. Ed. 3.4. & 28. Ed. 3.3. .  
And whereas no offender of what kind soever is exempted from the proceed to be used, and punishments to be inflicted by the laws and Statutes of this your Realm: Nevertheless of late divers Commissions under your Majesty's great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners, with power and authority to proceed within the land, according to the justice of MARTIAL LAW, against such Soldiers and Mariners, or other dissolute persons joining with them, as should commit any MURDER, ROBBERY, FELONY, MUTINY, or OTHER outrage or misdemeanour whatsoever, and by such summary course and order, as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the Law Martial. By pretixt whereof your Majesty's Subjects have been by some of the said Commission put to death, when and where, if by the laws and Statutes of the land they had deserved death, by the same laws and Statutes also they might, and by no OTHER ought to have been been judged and executed 
† Yet it is very observable, that at the very time when this Martial Law complained of was executed; the King had wars with France, a foreign enemy, but there is no such thing now; and therefore the Army, or the grand Officers thereof have not the least shadow or pretence to execute it in the least, or to deal with me a free Commoner, as they have done. . And also sundry grievous offenders, by colour thereof claiming an exemption, have escaped the punishment 〈◊〉 to them by the laws and Statutes of this your Realm, by reason that divers of your Officers and Ministers of Justice have unjustly refused, or forborn to proceed against such offenders, according to the same laws and statutes, upon 〈◊〉 that the said offenders were publi●able only by Martial Law, and by authority of such Commissioners as aforesaid. Which Commissions AND ALL OTHER OF L●●E NATURE, are wholly and directly contrary to the fall laws and Statutes of this your Realm.  
Therefore Sin, if you have any cat● of your own heads and lives, (though you have none of the Liberties and Freedoms of England.) I again as a friend advise you, to take heed what you do unto me any further in your illegal, arbitrary, and tyrannical way that hitherto you have proceeded with me● for I largely understand that Canterbury and Strafford were this Parliament questioned for their arbitrary and tyrannical actions that they did and acted many years before, and the Lord Keepers Finch was by this Parliament questioned for actions that he did when he was Speaker of the House of Commons in the third of the present King, An. 1628. and forced to fly to save his head.  
In the second place I answer, that if since the wars ended, it was or could be judged lawful for your Excellency and your Council of War, to execute Marshal Law: yet you have divested yourself of that power upon the 4. and 5. of June last, at New market Heath, you owned the Soldiers and joined with them, when they were put out of the State's protection, and declared enemies, and further associated with them by a mutual solemn engagement, as they were a Company of free Commoners of England to stand with them according to the Law of Nature and Nations 
* See the late Plea for the Agents, printed before. pag. 42, 43, 44. , to recover your own and all the people's Rights and Liberties, the words are these; We the Officers and Soldiers of the Army subscribing hereunto, do hereby declare, agree and promise to and with each other, that we shall not willingly disband nor divide, nor suffer ourselves to be disbandad nor divided until we have security; that we as private men, or other the free borne people of England, shall not remain subject to the like oppression, injury, or abuse as have been attempted. 
† See the engagement in the Army's book of Decl. pag. 24, 25. 26, 27.   
Hereby it appears, that from this time you and the Soldiery kept in a body, and so were an Army, not by the States or Parliaments will, but by a mutual Agreement amongst all the Soldiers, and consequently not being an Army by the Parliaments wills, they were not under those rules of Martial Government which were given by the will of the Parliament: and your Excellency could no longer exercise any such power over them, as was allowed you by those Martial laws; nay, the Soldiers keeping in a body, and continuing an Army, only by mutual consent, did by their mutual Agreement or Engagement, constitute a new kind of Council, whereby they would be governed in their prosecution of those ends for which they associated, and made every Officer incapable of being in that Council, which did not associate with them in that Engagement. The words of the Agreement or Engagement are these: we do hereby declare, agree, and promise, to and with each other, that we shall not willingly disband, nor divide, nor suffer ourselves to be disbanded or divided without satisfaction in relation to our grievances and desires heretofore presented, and security that we as private men or other the freeborn people of England, shall not remain subject to the like oppression and injury as hath been attempted, and this satisfaction and security to be such as shall be agreed unto by a council to consist of those general Officers of the Army, who have concurred with the Army in the premises, with two Commission Officers, and TWO SOLDIERS to be chosen for each Regiment, who have concurred, and shall concur with us in the premises and in this Agreement.  
So that your Excellency is so fare from having a power to exercise the old Martial Discipline, that you would have been no Officer or Member of the Council appointed to govern them, unless you had associated with them, and by that Association or mutual Engagement, the Soldiers were so far from allowing to their General, who ever it should have been (for at that time it was uncertain) the power of exercising the old Martial Discipline, that according to the Engagement no Officer or Soldier can be rightly cashiered unless it be by the Council constituted by that Engagement: so that your Excellency by your own Engagement have put a period to your power of exercising your old Martial Discipline, and whatsoever Discipline shall appear to the Army to be necessary, must be constituted by the mutual consent of the Army, or their representatives, unless you and they will disclaim the Engagement at New market, and those principles upon which you then stood, 
* And if you do what are you better than a company of Rebels & Traitors to the Parliament, for your then opposing their power, authority, orders, and ordinances.  and yield up yourselves to the Parliaments pleasure as their hirelings to serve their arbitrary power, like Turkish Janissaries.  
In the rhird place I answer, that it is against reason, law, conscience, justice and equity, to subject me at one and the same time, or any other free Commoner of England, under the sting and power of two distinct Laws, and such a bondage as is insupportable, and such a snare of intanglement, that no man's life whatsoever can be safe or secure under it, that I shall be liable to be questioned and destroyed by the common Law of the Kingdom, and then be at the wills of mercenary Turkish janissaries (in case the common Law will not reach me) to be questioned and destroyed by an unjust arbitrary Martial law; and if it can be justly proved against me that I have made any tumults, the Law and the ordinary Courts of justice are open, by which and by no other rules and proceed I ought to be tried, and if it be said or can be proved, that I have belied or scandalised the General, to the taking away of his good name, etc. yet scandalum Magnatum is not to be tried by Martial Law, nor yet either by the House of Commons, or the House of Lords, but only & alone (now the Star-Chamber is down) by an Action at common Law 
† As is clear by the Statutes of 3. Ed. 1. 33. & 37. Ed. 3. 18. & 38. Ed. 3. 9 & 42. Ed. 3. 3. & 2. R. 2. 5. & 12 R. 2. 11. 5. part Cooks reports. pag. 125. & 13. H. 7. Kelway & 11. Eliz. Dier. 285. & 30. Affiz. pla. 19 & Lieu. Col. John Lilburnes Grand Plea of 20. October 1647. pag. 7. 8.  by a Jury of my equals, & no where else, it being a Maxim in Law, That where remedy may be had by an ordinary course in law, the party grieved shall never have his recourse to extraordinaries 
* See Vox Plebis pag. 38. & Lievt. Col. Jo. Lilburnes Anatomy of the Lords Tyranny, pag 10. : And besides for you to proceed with me, and to be both Parties, Jury and judges, is a thing that the Law abhors 
† See 8. H. 6. fol. 21. & Eliz. Dier 220. & Dr. bonham's case, 8. part of Cooks Repots and Lievt. Col. Jo. Lilburnes grand Plea, pag. 10. .  
In the fourth and last place I answer, that the Parliament itself, neither by Act nor Ordinance can justly or warrantably destroy the fundamental liberties and principles of the common Law of England, 
* See Mr. Henry Martin's answer to the Scotchpapers, called the Independency of England at the last end.  it being a maxim in law and reason both, That all such Acts and Ordinances are ipso facto null and void in law, and bind not at all, but aught to be resisted and stood against to the death.  
But for them to give you a power by Marshal Law, or under any other name or title whatever, by your arbitrary tyrannical wills without due course and process of Law, to take away the Life or Liberty of me, or any free Commoner of England whatsoever, yea, or any of your own Soldiers in time of peace, when the Courts of justice are all open, and no visible declared enemy in Arms in the Kingdom ready to destroy it, is an absolute destroying of our fundamental Liberties, and a rasing of the foundation of the Common Law of England. 
† But besides all this I do confidently believe, that the Parliament never gave power unto the General since the wars ended to execute Martial Law, neither do I believe that some chief Executors of Martial Law, have any Legal Commission from the Parliament, who never that I could hear of, ever gave power unto the General of himself to make general Officers: and besides, all the Parliament men that are Officers in the Army were, (as I have been groundedly told formerly) taken off by an Ordinance of both Houses, which was never repealed since.   
And therefore such a power of Arbitrary Marshal Law, cannot justly by the Parliament in time of peace, etc. be given unto you, (nor if it were) be justly or warantably executed by you.  
And besides, both houses themselves by an Ordinance (unless they altar the whole constitution of this Kingdom) can take away the life of no free Commoner of England whatsoever, especially in time of peace.  
And therefore that which is not within their own power to do, they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax etc. to do, it being a Maxim in nature, That beyond the power of being there is nor can be no being.  
But it is in the power of the Parliament, or the two Houses, or the House of Commons themselves, as the present constitutions of this Kingdom stands, either by Order or Ordinance to take away the life of any free commoner of England. 
* See Sir E Cooks 2 part institut. fo. 47, 48. & 3. part, fol. 22. and 4. part, fol. 23. 25. 48. 291. all of which books are published for good law to the Kingdom by 2. special Orders of the present House of Commons, as you may read in the last pa. of the second part institut. see also the Petition of Right.   
And therefore they cannot by an Ordinance or Order, especially in times of peace, give power to Sir Thomas Fairfax by Marshal Law, (unless they totally alter the Constitutions of the Kingdom) to take away the life or lives of any free Commoners of England, (which all Soldiers are as well as others, 
† See the Army's Declaration of the 14. june, 1647. Book of their Declarations, pag. 39 and their Letter from Royston to the Lord Mayor of London, of the 10. june. 1647. which the Printer hath neglected to print in their book of Declarations.  *) and therefore it is absolute murder in the General and the Council of War, now to shoot to death, hang or destroy any Soldier or other Commoner what ever by Marshal Law, for which they may be indicted at the King's Bench bar.  
And therefore I do the third time as a friend advise you, to cease your illegal, arbitrary, tyrannical Marshal Law proceed with me that am no Soldier, and so not under the least pretence of your Marshal jurisdiction, lest in time to come you pay as dear for your arbitrary illegal proceed with me as Sir Richard Empson and Mr. Edward Dudley justices did, who as Sir Edward Cook declares in his 2. and 4. part of his Institutes, where very officious and ready to execute that illegal Act of Parliament made in the 11. H. 7. cap. 3. which gave power unto justices of Assize, as well as justices of the Peace (without any finding or presentment by the verdict of twelve men, being the ancient birthright of the Subject) upon a bare information for the King before them made, to have full power and authority by their discretions to hear and determine all Offences or contempts committed or done by any person, or persons against the form, ordinance, effect of any Statute made and not repealed, etc. by colour of which Act of Parliament, shalling (saith he) this fundamental law (viz. the 29. Chapter of Magna Charta) it is not credible what horrible oppressions and exactions, to the undoing of infinite numbers of people, were committed by them, for which (though I cannot read they shot any man to death, and though they had an express Act of Parliament to bear them out, abundantly less questionable than an Ordinance for exercising Marshal Law) they were both indicted of high treason both by the Common Law and Act of Parliament, 
* See 2. part Instit. fol. 51. & 4. part. fol. 41. 196. 197. but especially read their Jndictment virbatim set down ibid. fo. 198, 199.  and in the 2. year of Henry 8. they both lost their heads  
Therefore from all the premises by way of conclusion, I draw up this protestation against you, that by the laws and constitutions of this Kingdom, you have not the least judicative power in the world over me; therefore I cannot in the least give you any Honour, Reverence, or Respect, either in word, action, or gesture: and if you by force and compulsion compel me again to come before you, I must and will by God's assistance keep on my hat, and look upon you as acompany of Murderers, Robbers, and Theives, and do the best I can to raise the Hue and Cry of the Kingdom against you, as a company of such lawless persons, and therefore if there be any Honour, Honesty, and Conscience in you, I require you as a free borne English man, to do me justice and right, by a formal dismissing of me, and give me just reparation for my months unjust imprisonment by you, and for that loss of credit I have sustained thereby, that so things may go no further; or else you will compel and necessitate me to study all ways and means in the world to procure satisfaction from you, and if you have any thing to lay to my Charge, I am as an English man ready to answer you at the common Law of England, and in the mean time I shall subscribe myself  
Your servant in your faithful discharge of your duty to your Masters (the Commons of England) that pay you your wages, William Thompson, From my arbitrary and most illegal imprisonment in Windsor, this 14. Decem. 1647.   
The forementioned Letter thus followeth.  
To his Excellency Sir Thomas Fairfax Knight, Captaine-Generall of the Forces in the Nation for Importiall Justice and Liberty, these present.  
May it please your Excellency,  
I Here present unto you a Declaration and Protestation against the illegal and unjust proceed of your Council of War against me, (I being a free Commoner of England) as in the presence of the just God, before whose Tribunal both you and I shall stand to give an account of all ungodly deeds committed against him. And so I rest,  
Your Excellency's servant, if you are a true servant to the most excellent God for justice and righteousness in the earth, without respect of persons. William Thompson. Decemb. 14. 1647.  
The Petition thus followeth.  

To the right Honourable his Excellency Sir Thomas Fairfax Knight, Captain General of all the forces raised in the Kingdom of England. The humble Petition of some of your Excellency's Officers and Soldiers being under the custody of the Marshal General.  
Shows,  
THat whereas there are misrepresentations of the intentions of the late Agents of the Army and their adherents, by men of corrupt minds, who would make all the end of your own and your Armies noble and valiant Achievements (under the power of God) fruitless, and would destroy justice and righteousness from amongst men; and in stead of common good, and equal distribution of justice, would advance a particular selfish interest: & to accomplish their unworthy selfish ends, amongst many other scandals cast upon the late Agents, they have blazed abroad that they intended to murder the King, and that one of them should affirm it was lawful: And whereas this was reported by one Lieut. Col. Henry Lilburne; it being altogether most abominable in our eyes, and detracts from the purity and righteousness of our Principles; tending only to make us odious to the people, for whose good alone we have run not only all former, but also these late hazards.  We therefore desire that the said Lieut. Col. Henry Lilburne may be speedily sent for to testify upon Oath (as in the presence of God) who used those words, where those words were used, and when: and what in particular the words were; That so, such a person may come under a public cognizance, and your Excellencies faithful servants and soldiers may free themselves and others from such aspersions. 
And your Petitioners shall ever pray, etc. 

Will. Eyers.  
Will. Bray.  
Will. Prior,  
john Wood  
George hassel.  
Will. Everrard  
john Crosseman.  
Tho. Beverly.  
Will. Thompson Commoner.     
The forementioned plea of john Crosseman, which with his own hands he delivered to the General himself, thus followeth.  

TO HIS EXCELLENCY SIR THOMAS FAIRFAX, AND ALL his Officers that pretend to be Executors of Martial Law.  
May it please your Excellency.  
I Was convened the 16. December last before certain of your Officers, that pretendedly called themselves a Court Martial, who attempted to try me by Marshal Law, for certain pretended crimes, specified in a paper by way of Articles, exhibited by a nameless prosecutor, 20. days after I was a prisoner, only the said Articles were signed by Henry Whaley who calls himself judge Advocate. And the same day and time unto the said Officers I delivered in a paper under my hand entitled, John Crosseman his Plea, against the proceed of the General Officers, to punish him by Martial Law. And after much debate by the said Officers upon the said Plea, the said Officers seemed to be unsatisfied with it, and therefore gave me time till this present Monday, the 20. day Decemb. 1647. to consider with myself, whether I would stand unto the said plea, or give in any other answer.  
Having thereupon largely considered with myself upon the ends of our late taking up Arms, I can in my own conscience judge them to be no other, but for the destruction of all arbitrary, tyrannical power in whomsoever, the preservation of our Laws and Liberties, and the punishment of all those that have endeavoured the destruction of them. And having since the delivery of the said plea read the Petition of Right, from end, to end; And William Thompson's plea, delivered to your Excellency, etc. upon the 14. Decemb. 1647. now in print, entitled England's Freedom, Soldiers Rights, 
† Which you may read before, pag. 1, 2, 3, & 45, 46, 47, 48, 49, 50, 51.  upon the deep and weighty consideration of all which, I am compelled, out of the sense of avoiding the being too justly esteemed by all understanding, rational men, a traitor, and subverter of the Laws and liberties of England, to stand unto my said Plea, without any further answer than this.  
That the government of the Army by Law Martial, is only necessary when the Kingdom is invaded by a foreign enemy, or in a general hurly burly in itself, being ready to march against a declared professed enemy ready to destroy it with fire and Sword, and thereby shut up the legal administration of justice upon Transgressor's and Offenders in the ordinary course thereof.  
But now there is no foreign enemy upon the march against England, nor no general Hurly Burly in the Kingdom by professed and declared enemies against the peace thereof ready to destroy it with fire and sword, but all at the present is visibly in peace and quietness, and the Courts of justice all open to punish all manner of offenders whatsoever, (yea Soldiers in Arms that have taken the States pay 
* For whom the Statute law in such a condition, hath appointed punishments to be inflicted upon them in the ordinary Courts of justice, either for false musters, cheating the Soldiers of their pay, or for lucer giving them leave to departed, or for the Soldiers going from their Colours without lawful leave, or for imbeasing Horse or Arms, etc. See the 18. H. 6. 19 and 2, and 3. Ed. 6. 2. and 4. and 5. P. and M. chap. 3. and 5. Eliz. 5. and 5. james. 25. ) who only in times of peace (as this is) are solely to be punished by the rules and proceed of the known and declared law of England, and by no other rules whatsoever.  
And therefore it being now time of peace, there is no need of Marshal Law, neither can your Excellency, nor any other under you upon any pretence whatsoever, derived from any power whatever, execute it upon pain of being esteemed and justly judged to be absolute executers of an Arbitrary and tyrannical power, and grand destroyers of our Laws and liberties, and so in time may receive the Earl of strafford's doom, one of whose principal crimes I understand was, That he in Ireland, in time of peace (when he was General of an Army on foot) shed the blood of War, by executing a Soldier by Marshal Law, when the Courts of justice were open.  
And therefore I do absolutely protest against the name and power of your pretended Court Martial. And do further declare, that I judge myself bound in conscience with all my might power, and strength, both by words, actions, and gestures, now I know so much as I do, to oppose, as the case now stands, all Marshal Courts whatsoever, and to judge myself a Traitor to the laws and liberties of England, if I should do any action that might but seem to support, or countenance that law and liberty destroying power of Marshal Law, and can neither esteem nor judge him an honest, just, & truobred English man, that now hereafter (so much in print being declared against it) either executes it, or stoops unto it, So with my humble service rendered to your Excellency, I commend you to the tuition of the just and powerful God, and rest,  
From my unjust captivity and imprisonment in Windsor, which is both against the Law of England, and our Agreement at New Market, (the 4. and 5. june last) this 20. of Decemb. 1647. Your honours faithful servant and Soldier to the death, so you turn not the mouth of your own Cannons against me to destroy me. john Crosseman.   
The forementioned Letter or Plea of Captain John Ingram, thus followeth.  
To his Excellency Sir Thomas Fairfax, these present.  
May it please your Excellency,  
I Was condemned the 20. Decemb. 1647. by divers Officers assembled together in the manner of a Court Martial, for speaking before them my own Conscience and judgement with soberness, about Mayor Cobits business. Now in justification of myself, I must declare unto your Excellency, that in all Counsels whatsoever, the members thereof ought without check, control, molestation, or fear of ruin and destruction, freely to speak and declare the dictates of their judgement and consciences. And undoubtedly the denial thereof, would render all Counsels whatsoever, useless and vain. And it's no less than the height of tyranny in any prevailing party in a Council to usurp such a power, as by terrors, censures, or force, to stop the mouths of those who are of different opinions, and against whose arguments or saying they offer no reasons.  
And it's no less against law, and justice, yea, the common light of nature, for the members of that Council (who were the only offended parties, to assume to themselves to be prosecutors, witnesses, jury and Judges, as they did in my case.  
And therefore I am resolved in the strength of God, never to betray my innocence, by acknowledging an offence according as the censures of my accusers require, when my conscience bears me witness, that as in the fight of God I did my duty, so I do freely declare, that I am still clearly satisfied. That since our association by mutual Engagement at Newmarket to stand as free Commons of England, for common right and freedom. And since our constituting a new Council to be our director in the manner of prosecuting those public ends of justice, right and freedom, there is no assembly, but that new constituted Council only which is a competent judge of the Actions of any Member in the Army, and in his prosecution of the ends aforesaid. And of this nature I conceive was Mayor Cobits case. 
† Whom those godly, pious and righteous Gentlemen of the Council of War tried for his life, for no other crime, but for his honesty, in prosecuting that just paper called The Agreement of the People, and his life was saved but by two voices, O malicious and bloody men!   
And I must further declare, that I am not only willing, but I account it my honour to be under your Excellency's conduct, so long as you shall act according to the first principles manifested in the Commission (received from your Excellency, according to the public declaration of the Soldiery upon Triplo Heath, for justice, justice. And according to the Solemn Engagement, neither shall any man be more obedient to your Excellency's commands, tending to those ends, than myself.  
But I must declare, that I clearly apprehend the highest injustice of executing Marshal Law in time of peace, those laws are appointed for cases of necessity and extremity, when the Army is marching against an enemy, and it's then only justifiable, either because other Courts of justice are not open, or there cannot be a timely prosecution of offenders in those Courts. But when all other Courts of justice are open, and no enemy in the field to obstruct a free access to them, and when every Soldier is punishable in those Courts, and by the known laws of the land for any crime or offence; I conceive common justice dictates Marshal Laws to be null otherwise two Courts not subordinate each to other, claiming the jurisdiction over a Soldier supposedly offending, when the Known Laws shall have acquitted him, he may suffer by the will of a Court Martial. And therefore the Petition of Right complained of executing such Marshal Laws in time of peace. Which Petition being granted, it remaineth as a valid Act of Parliament against it. And the Earl of Strafford was impeached of High Treason for proceeding against and condemning the Lord Mount Norris by Marshal Law, 
† See the 5. Article in the impeachment of the Earl of Strafford. See also the 15. and 19 Article of that Impeachment.  though the sentence was not executed.  
Upon all these considerations, I cannot but be confident that the justice and conscience which dwells in your Excellency, will compel you to restrain the proceed of that Assembly of Officers against me, who are my accusers. And I hope your Excellency is so careful of your honour and reputation in the people's eyes, that you will not suffer my place to be taken from me, unless my declining from the ends for which I associated with the Army can be proved against me, or else some crime which according to law and justice merits such a censure. And I am not yet conscious to myself of the least unfaithfulness, but do remain as ever,  
Your Excellencies humble servant john Ingram, whom since they have cashiered because he was too honest and quick sighted for them, and whom I hear hath a larger discourse coming out against their unjust proceed with him. December 23. 1647.  
The proceed of the Grandees at Windsor being so furious, unjust, and illegal as they were, in which they led the General on hoodwink as their stalking Horse, to the pits brink of his own ruin and destruction, and to the Apparent hazard of shedding more innocent and precious blood, of extraordinary choice English men, and sweet Christians, and to the visible rooting up by the roots of the fundamental laws and liberties of England, and in its place set up and executed an arbitrary, tyrannical government of Marshal Law: by the rules and justice of which, they might have as well, as justifiably, and as warrantably condemned to death all the free men of England, as those Soldiers they did. The serious meditating upon all which, perplexed my very spirit, and therefore I drew out my pen to make an assay upon the General, thereby if it were possible to stop those most desperate and unjust proceed. The substance of which Letter thus followeth.  
To his Excellency Sir Thomas Fairfax, these present.  

May it please your Excellency,  
HAving hoard that your Excellency should say there was a great deal of reason in your apprehension in Thompson's plea, And you wished the Offices would well weight it, and return an answer to It.  
And being yesterday at the House of Commons door, I met with divers of your Officers, and in particular with Quarter Master General Ireton, who in his discourse with me, was pleased to say, That the late Plea for the Agents was full of falsehoods and mistakes, and myself in discourse came close to him before many people, and proffered him to maintain before any competent judges in England, upon the peril of a sufficient disgrace to prove by the genuine sense of your own Declarations, and the Laws of England, that there was not a false nor mistaken sentence in it all.  
Now may it please your Honour, having many Obligations, upon me to your particular self, not only as I am an English man, but also as a sufferer. And being much perplexed in my own spirit at those many late unworthy actions that are done, pretendedly by virtue of your Authority, by men of a powerful and corrupt influence in your Army, the disgrace and danger of which lies very deep upon yourself, which I am afraid in conclusion will cost you very dear, yea, the head upon your shoulders, if you persevere or suffer them to persevere in their late murdering, arbitrary, tyrannical, illegal ways; and therefore out of that real and strong affection, that I truly bear unto your Excellency, I am compelled to propose and offer unto your Honour, that if you please under your hand to grant safe coming and going to myself and a friend or two, and in dempnitie for our discourse, upon the debate, we will come and wait upon your Excellency at Windsor; And against all your Officers in and belonging to your Army, maintain the legality and rationality of every line and sentence of Thompson's Plea, and the Plea for the Agents (the printers faults excepted) your Excellency in your own person at the dispute, sitting as Moderator and judge. So with my heartiest and truest service presented to your Honour, I humbly take my leave of your Excellency, and rest.  
As true and faithful a servant to you, as any you have in your Army, though an absolute abhorrer and detestor of the late actions of your pretended Council of War. John Lilburne. From my most illegal and unjust Captivity, which I am confident is continued by the powerful influence of some great Officers in your Army, 
* Viz. ●ievt. Gen. ●rom●ell, & ●is po●tique Son in Law, Com. Gen. Ireton, who are I will maintain it the principal supporters, upholders, a betters, preservers, and defenders of the usurping House of Lords, in all their usurpations, illegal oppressions, tyranny, and murdering cruelty, for which if there were any justice to be had, they ●eserved better to be impeached of High Treason, for subverters of our laws and liberties, than the ●arle of Strafford, did in that before their eyes, they have seen his severe punishment, and yet walk in ●s steps.  this 23. December 1647.   

Postscript.  
Sir, I have assigned the prisoners at Windsor to wait upon your Excellency for an answer to this my Letter, and I desire further to let you know, that if your Officers be unwilling to embrace my desires herein, It will be a clear demonstration to your Excellency, and all the people of the whole Kingdom, that they have juggled with, deceived and deluded you, and brought you into life and honour destroying snares.  
john Lilburne.   
This letter of mine was delivered to the Generals own hands as I have been informed by some that was by, but I have not received the least answer unto it, which makes me conclude, that Cromwell and Ireton, and there under Creaturers are convict in their consciences, that there is not the least shadow or ground in the world, for them in times of peace to execute Marshal Law, the full knowledge of which, they would not willingly the General should be possessed with, as it is probable at such a dispute as before I offer and am ready to perform, he might be, and so might be sorry, for that murder committed upon the Soldier, that was shot at Ware, for which I am sure Cromwell, Ireton, Paul Hobson, yea and my Brother Henry Lilburne (if he were one that had a hand in the causing of him to be shot) as well as all others that had, may by the Law of England be apprehended, indicted, and tried as wilful murderers; and I am sure in the eye of the Law of God or England, no plea can save their lives, in any one of whose condition, (in the eye of the Law, to be tied to live in England) that had a hand in that man's wilful murder I would not be for all the gold in England and let me without contempt, give this advice to the two great forementioned Nimrods' of the Army, (whose present power is bend to suppress our fundamental laws and liberties, and to build up, and establish the highest of Tyranny and protect Tyrants) to turn over a new leaf and turn honest, if they have any grains thereof left with in them, and bend not their parts and power, to plead for and protect the present tyrannical House of Lords in their unjust usurpations, and to destroy me in my unjust imprisonment (which I know is only continued by their power and means) for doing my duty to myself, country, and posterity, to oppose them therein, lest they necessitate and compel me for the preservation of myself, wife and children, to find out a man that shall dare, in the height of all there unlimited potency, and unbounded greatness, to indict them both for murderers, at the King's bench bar, or elsewhere, and shall dare to indict the judges for perjury etc. if they shall dare to obey any command in England, that shall command them not to do justice and right in that particular.  
And now O unworthy and dishonourable Cromwell, (that I aver and will justify to thy face) that brought and drew me into my first contest with the Earl of Manchester, and when thou hadst served thy ends of me, viz. to help to pull him down from his Major Generalship) left me in the Briers to be worried, and torn in pieces by him; and now keepest me in Prison (to the apparent hazard of my total destruction) by thy power and influence, for being true to those principles of reason, truth and justice, that I will justify to thy face, thou wast as high in as myself, when thou engaged me against Manchester, the Earl of Essex etc. though now thou art visably and desperately apostatised from them, to thy shame & eternal dishonour be it spoken, but seing (as my own soul tells me) by thy means, I cannot get one dram of justice, at the hands of the House of Commons, upon my complaint against the pressed he tyrannical usurping house of Lords, I here proclaim an open defiance to thee as a professed enemy to the fundamental laws and liberties of my native country, to do the worst thou came to me, a man in some sense almost devoured, by the Tyranny of thy fellow grand Tyrants in England, under which I have transendantly suffered this cleaver years together, and therefore seeing that thou and the rest of thy Tyrannical confederates in the present house of Lords, and there 〈◊〉 Speaker Sr. John, and Nat. Fines, &c, in the house of Commons necessituously compels me to 〈…〉 ●●●dent straits and extremities as you do and 〈◊〉 all my own subsistence from me, 
* For the Parliament owes me for my just arrears, the greatest part of a 1000 pound and my Ordinance for 2000 l. reparations against my unjust Star-chamber judges, hath laid dorment in their house this two years, although since then, I know several of there own Members, to whom out of the public money they have given 5000 l. a piece unto: that I will upon the loss of my life evidently make it good, never suffered one hundreth part, of that which I did before this Parliament, and yet I am told some of them have received all there 5000. pounds.  & yet according to Law, & the just custom of the Tower where am Prisoner will not allow me a subsistence according to my quality, out of the public treasure, or those that most unjustly and illegally committed me, by means of which in the eye of reason I am likely shortly to perish, and be destroyed, yet in these great straits, in the might and strength of God I say to thee O Cromwell, with an undaunted resolution, as the the three children did to that grand Tyrant Nabuchadnezzar, when he was ready to throw them into the hot fiery furnace, O Cromwell I am not careful for all thy greatness, to tell thee thy own, and to let thee to know that the God whom I serve, is able to deliver me, from thy power, and greatness; But if not, be it known unto thee O Cromwell, that I will not serve thee nor worship or stand in fear of thy tyrannical power, or that golden or painted Image, the present House of Lords, which in thy Imaginations and fancy thou hast lately set up, that so in time thou mayest be one thyself.  
Now upon these Pleas and Protestations of the forementioned honest men, coming so thick upon them, with the gallant and heroical carriage of divers of the other prisoners at Windsor, with the late thunders of Mr. Sidgwick and precious Mr. Saltmarsh, these new Tyrants the Grandees, had such a curb put into their mouth, that it so stopped the furiousness of their bloody and murdering Carreare, that they were (as my often Intelligence gives me to understand) confounded and amazed amongst themselves, and therefore set their Imps and underhand pentionary Agents at work, to persuade the honest Agent Prisoners to close in love and union, with some little kind of (though it were but seeming) reluctancy of spirit, 
† And then they and some of there Pencionary Imps, lyingly get their Diurnal Mercuries to print to the view of the whole Kingdom, that they all had acknowledged their faults, and cried peccavie, when as some of them that are named in the Diurnal so to do, have told me that it is the falsest lie in the world, for they never did any such thing, but ever did and still do abhor the thoughts of such a base and wicked acknowledgement.  and then the General's almightiness (in whom those ficosantising Grandees, place as great an omnipotency as ever the Courtiers or Cavialeers did in the King, the more to serve their wicked and desperate ends, for this I dare confidently say, if his Excellency would not let his Creator Cromwell rid him, he should shortly and as fiercely charge him with as impeachment of Treason, and breach of trust, as ever he did the Earl of Manchester, by means of which, his Lordship hath of lare been very ra●e and gentle to his greatness Lieut. Gen. Cromwell) should pardon all their iniquities, and pass by all their transgressions, and forthwith one of Ahabs' fosts is called, that so they may more closely and cowardly smite with the fist of wickedness, that being too much the apparent end of all their howling lamentations, Which God amount but mockings unto him, and without amendment of ways, and doing justice and judgement, reliving the afflicted and oppressed, and breaking all the heavy yokes, are odious and abominable in his sight Esay ●8. 4, 5, 6, 7. and Micah 5, 6, 7, 8.  
And after the fist (which was by their Diurnal Mercuries sufficiently blown and sounded over London) to salve up their own reputations and credits, which than was very much blasted, and to preserve their own lottering greatness, the tumbling down of which they were afraid of by the great Hatchers the Scoth struck at their roots with, in their thundering discourse for the King, and his answering of the lare 4. bills before they were sent him, both of which were se●●●all demonstrations, to high and mighty Cromwell and Ireton, that the Scots would on this them and get away their late admired and do●● upon darling the King from them, 
† For opposing whose interest till the people's liberties were first settled, they sought the ruin and destruction of all those in the Army that appeared against it.  and then spoil all their expected Court greatness, in wearing a welsh Gue Gue, the George and a blue ribbin, with the title of (at least) Earl of Essex, and Lieutenant, or General Field Marshal of Ireland, and so perceiving thereby that the interest of the Scots was likely to be joined with that of the Kings and so Royallisme and Presbytery would shortly swallow up forceable and factious Independency, especially if the interest of the honest Nown-Substantive Levellers (as the King their Quandum good Lord (in his message left at Humpton Court when they sent him to the Isse of White) lately christened them, as he had several times done the Parliament, in his several Declarations published the beginning of these wars) should not be endeavoured to be united to them again, that so now in their necessity and straits, they might once again make close stools of them to shit in, and when they had done, to throw them behind the door (as formerly they had) as unfit to remain in their sight till they needed them again.  
And therefore to kill two birds with one stone upon their fast they release the prisoners as the mind of God, when without doubt they had resolved it before, as the only expedient to reinbalm their justly lost reputation. And secondly as the only means to reimpinloante them into the good thoughts of those men, they and their late royal friends lately christened Levellers, and to add strength unto the last, the two chief of the Grandees Cromwell and Ireton, came to the Parliament to heighten them in their votes against the King, because he had forsaken his first love, and would not be content with that price that they would give him, to let them reign and rule under him, the which if he would have taken, no doubt but he might have comed in to have jointly with them oppressed and rid the people, but because it may be the Scots feared, if he came in by the Grandees of the Army, they and he might join together to chastise them for all their old former provocations given unto both, and therefore out of mere safety (it may be) to themselves outbid the Grandees to gain the King's affection, at which they are mad, and therefore to preserve their own greatness, and to gain if it be possible, the lost affections of the honest Nown-Substantive English men, they fly high both against him and the Scots, that so they may if possible induce them to join with them in a new war, (which is their interest and trade) without giving or offering unto the people the least valuable consideration for all the blood they have already lost, and are more amply like to lose upon the engaging in a new war, yea, or intending them any, which for my part I do abhor, 
† Which is clearly evident, by both their pleading and plotting for the supportation of the Lords usurped Legislative power, which I will maintain it against Cramwell and Ireton, they have no more right to, instrict justice, than a thief and robber hath to apurse which he takes by force upon the high way, which pretended Legislative power alone, hath brought all the wars upon this Kingdom, for if they at first had concurred to the Ordinance of the Militia, the King could never have been able to have raised an Army, and to continue an arbitrary power for life, and also hereditarily to their heirs, be they fools or knaves, is the greatest vassalage and bondage that can be, therefore I say again down with them.  and shall disward, and hinder by all the interest I have in England, not to undertake, unless the ancient hereditary, just and native right of all Englishmen indiffinently, be particularly and clearly holden out unto them, and secured with strong and good security, that so Englishmen as Englishmen may be united, and then when that is done, my heart blood I will venture against any interest in the world that shall fight against it. For to fight as hitherto we have done, to pull down own sort of Tyrants to set up another as bad if not worse than the former, I think is the greatest madness in the world.  
Now having at present done with the Grandees of the Army, there being so much truly declared of them in that most notable book called Putney Projects, (the truth of which, the brazed lacest of their Champions dare not with his pen deny, no not forsworn Lieutenant Edmond Chillington himself, their choice darling) that it here saves 〈◊〉 a labour.  
But before I come to touch upon the arbitrary tyrannical proceed of the present House of Lords, I shall first insert another piece of injustice (which should have come in before) of the judges in Westminster Hall, from whose gross and habituated injustice ariseth the principal misery of this Nation, from age to age, who immediately before this Parliament, gave away all the estates of all the free men of England at one judgement to the King, for by the same right he by his will could by his Ship-writs take six pence from us, he may take all we have, and by the same right he takes our estates, he may take all our lives. And if for that judgement they had all been hanged that had a hand in it, as by the practice of this Kingdom, in like or lesser cases, judges hath been, these that now survive them would have been wary so visibly to forswear themselves by doing palpable injustice as they do. For the fore mentioned learned Author Andrew Horn in his mirror of justice, pag. 238. division 108. saith expressly. That it is an abuse, that justices and their Officers, who kill people by their false judgement, be not destroyed as other murderers, which King Alfred caused to be done, who caused 44. justices in one year to be hanged as murderers for their false judgements.  
The case that I shall set down, is Mr. Henry Moores, my Quandum fellow prisoner in the Fleet, and the most lamentable and deplorable unjust dealing of the judges with him, you may briefly understand by his Petition which thus followeth.  

To the Right Honourable the Lords and Commons assembled in both Houses of Parliament. The Humble Petition of Henry Moor Merchant.  
SHOWETHS, That whereas your Petitioner in Hillary Term Anno 16. Caroli Regis, after a verdict, obtained a judgement in his Majesty's Court of King's Bench of 7000. l. debt and 7. l. 12. d. damages against Thomas Wright who afterwards was charged in execution for the same, in the custody of Sir john Lenthall Knight, then and yet Marshal of the said Court, and the said Wright being so in execution for Composition, offered your Petitioner above 2000 l. and security for the residue of the said debt, all the same appearing to be true by Records and by proceed in Chancery under the Great Seal of England, but before any part thereof satisfied, the said Sir john Lenthall suffered the said Wright to escape out of Execution.  
Your Petitioner therefore in Hillary Term 17. Caroli Regis. Ten days before the end of that Term, caused an action of debt to be brought for the said 7007. li. 12 d. at your Petitioners suit for the said escape, and then filled a declaration against the said Sir john Lenthall for the same. But the said Sir john to deprive your petitioner of the said debt, and all remedy for the same, 10 Trin. 18. Caroli Regis, notwithstanding your Petitioner had several Rules against Sir john Lenthall for judgement upon his declaration so filled in Hillary 17. He the said Sir john Lenthall procured an Order to be made by Sir john Brampston Knight, and Sir Thomas Mallet Knight in open Court, that your petitioners Declaration filled in Hillary 17. should be filled as of Easter Term the 18. contrary to justice, the law of this Kingdom, the liberty of the Subjuct, and the rules of the said Court, as your petitioner is advised. And for that your petitioners being so advised that the said Order doth utterly bar your petitioner of his said debt. Your Petitioner several times publicly in Court and otherwise moved the judges to alter the same, but could not prevail, as appeareth by the Order of the said Court, and for that, that notwithstanding your petitioner earnest solicitation for his judgement due by the rules of the said Court for the space of above four years together, and his great expense after 15. Orders made in the said Court, the now judges of the said Court, Mr. justice Bacon, and Mr. justice Roll hath confirmed the same, as appeareth by an Order by them made, per Hillar. 22. Caroli Regis now ready to be showed.  
In tender consideration of the premises, that your petitioner according to the Law filled his declaration in Hillary 17. when the prisoner was escaped and at liberty, and for that the said judges Order contrary to Law barreth your petitioner from prosecuting upon that declaration, and bindeth your petitioner to file his declaration as of Easter term 18. Caroli, when the said Marshal aleadged that he had retaken the said prisoner again and that he was dead, and that your petitioners debt is destroyed by the said judge's Order, to your petitioners damage above 10000 l. And for that other debts may be destroyed by the like. If men be barred from the benefit of their just Records duly filled as the petitioner is, contrary to the Laws of the Kingdom, and the liberty of the Subject, which appears to be done (in this Cause) by the Orders themselves. Your Petitioner humbly craveth relief according to his damages.  
And your Petitioner shall pray. Henry Moor.   
Which petition the said Moor delivered to Col. Henry Martin, and divers other Parliament men, but can not so much as get his petition read in 
† It is worth the taking notice, the Speaker is Sir John Lenthalls brother, and it is almost grown to a common proverb in England, that Parliament men's near Allies as well as themselves are above the reach of all law and justice, which I am sure if they look not speedily well about them, will destroy them every man.  the House, upon whom he hath long attended, and still waiteth, & most earnestly, and deplorably cryeth out to be relieved from this intolerable oppression, by which the said Moor is damnified (as in his printed complaints to the House he declares) above ten thousand pound, to the hazard of his utter ruin.  
Now I shall here crave the liberty, to insert the epittomy of my own cruel & barbarous sufferings, with this desire to all that reads it, seriously to consider that what hath befallen me, by the cruel tyranny of by past Tyrants and oppressors, if not strongly remedied and repaired, may for future be encouragement for the present Tyrants to inflict (when they dare for fear of being dismounted) the like if not worse upon the first Nown-Substantive Englishman, that shall resolutely stand in their way. 
* And it is the clearest demonstration to me in the world, that the present men in power always intended to walk in the oppressive & tyrannous ways of the Star-chamber, High commission, & council board, in that they have done no man effective justice or right that suffered by them, lest their own Acts should be binding precedents to pay their own Acts should be binding Precedents, to pay themselves by in future times.  The sum of what I have here to insert, I shall lay down in the very words that I delivered in print to the Members of the House of Commons at the House door, the 23. Novemb. last, which thus followeth.  

A new complaint of an old grievance, made by Lievt. Col. john Lilburne, Prerogative prisoner in the Tower of London. Novemb. 23. 1647. To every Individual Member of the Honourable House of Commons.  
SIR,  
MY exceeding urgent necessities, and my extraordinary sufferings by your neglect in doing me justice and right, according to your many oaths and declarations, presseth me above measure still to play the part of the poor importunate widow, mentioned in the Gospel, and to resolve whatever befalls 〈◊〉 never to give over till I have attained her end, viz. justice.  
You may please truly to take notice (and the rather because many of you are new Members that in the year 1637. and 1638. I suffered a most barbarous sentence by the Star Chamber, occasioned by two false oaths sworn against me by Edmond Chillington, 
† The substance of which, with my defence against them in open Star Chamber, and when I stood upon the Pillory at Westminster, you may largely read in the relation of my first sufferings, called The Christian man's trial, reprinted by Will. Larner 1641. now dwelling at the black boy within Bishopsgate.  now a Lieutenant under Col. Whaly, and by my refusing to answer interrogatories against myself, in executing of which sentence the 18. of April 1638. I was tied to a Car●● tail at Fleet bridge, and whipped through the streets to Westminster, and had given me above the number of 500 stripes, with a threefold knotted corded whip, the weeles made in my back thereby being bigger than Tobacco pipes, etc. And set two hours upon the Pillory bare head in an extraordinary hot day, and a gag put into my mouth above an hour, to the almost renting of my jaws in sunder See my printed relation of my business before the Lords bar the 13. Feb. 1645. where all this with much more is proved upon Oath.  
And upon that very day, 10. judges of the said Star Chamber made an Order to murder and starve me, 
* Which Order you may read at the last end of my above mentioned relation.  the very words of which Order being, that the said john Lilburn shall be laid alone with irons on his hands and legs, in the wards of the Fleet, where the basest and meanest sort of prisoners are used to be put: and that the Warden of the Fleet, take especial care to hinder the resort of any persons whatsoever unto him, and particularly, that he be not supplied with money from any friend. And yet they not any for them during all my imprisonment never allowed me the value of one farthing token to live upon, but executed the said Order upon me with so much barbarity, that my pining, tormenting condition, was a thousand times worse, and less to be endured, than any sudden death whatever, under which without doubt I had perished, had it not been for the timely relief of this Parliament, by which said sufferings I was robbed of a profitable trade, in the flower of my days.  
And being by you set at liberty the first week of your fitting, I was by the malice of one Littleton a Courtier, by the King's especial command arrested of high Treason, and the 4. May 1641. by the Kings own direction, I received a kind of an Arraignment at the Lords bar, where the said Lietteton most falsely swore point blank against one, to the apprant hazard of my life and being if he had not been contradicted by the oath of his own friend Mr. Andrew's a Counsellor, upon which day and at that very time, the House of Commons were so sensible of my sad and suffering condition, that they were pleased upon the report of Mr Francis Rouse to make these Votes for me.  
Resolved upon the question. That the sentence of the Star Chamber given against john Lilburne, is illegal and against the liberty of the Subject, and also bloody, wicked, cruel, barbarous, and tyrannical.  
Resolved upon the question, that reparations ought to be given to Mr Lilburne, for his imprisonment, sufferings and losses sustained by that illegal sentence.  
And yet I never had to this hour one penny of reparations, although I dare safely say it, I have spent above a thousand pound one way and another in following you therefore, above the space of seven years, which is a longer time, for any thing I can read of in Scripture, than ever the importunate widow followed the unrighteous judge (that neither feared God nor reverenced man) and yet obtained justice at his hands.  
That upon my deliverance, by the assistance of one of my friends, I betook myself to a trade for my livelihood, and of my own and my foresaid friend, stocked it with almost 1500. l. ready money, and the late wars coming on, at the desires of many eminent men of this Kingdom my then choice friends, I left my trade, and in judgement and conscience girded my sword unto my thigh, with an honest resolution to spend my heart blood for the preservation of the laws and liberties of my native country, which then the Parliament by their Declarations, made me and the Kingdom believe was endeavoured to be destroyed by the King and his evil Council. And having like a man of undaunted resolution adventured my life at Edgehill and Brainford, with good and advantageous successes to the Parliament, though with ill to myself, being to a good value plundered at both places, and at the last taken prisoner, where by the inhuman barbarity of several Lords and others, I was diverstimes in danger after quarter given (before I came at Oxford) to be bu●● in pieces, being pinioned with my arms behind me, and tied to another, and forced on foot through all the dirt and mire to March two days together. And being arrived a prisoner at Oxford Castle, I was visited by four Lords, (viz. the Lord Newarke, now marquis of Dorchester, the Lord Dunsmore, now Earl of Chichester, the Lord Mattravers now Earl of Arundel, and the Lord Andiver) as messengers from the King (at they told me) and in his name proffered whatever in reason I could desire, in his then prosperous condition, so I would forsake the Parliament, and my present principles, and desire his pardon which they all unanimously promised to get for me, but I told their Lordships they were mistaken in me if they thought I was to be courted out of my principles, and as for his Majesty's pardon I told them I scorned either the craving or accepting of it, having in obedience to the Parliaments than commands done nothing but what I did then believe was just and legal, and for which I would willingly lay my life down, and the desiring or accepting of a pardon would argue guiltiness, which I told them I believed I had no need to confess. Whereupon I was clapped in irons night and day, forced to lie in my  upon the flore, locked, up close in a Chamber, when I had not a penny of money about me, being lately plundered of all I had, and a sentry set at my door, that I could not speak with any of my fellow prisoners, to borrow a penny to buy me bread, by means of which I was exposed to the greatest of straits, and immediately in irons arraigned as a Traitor, before Sir Robert Heath, and Sir Thomas Gardner, etc. for levying war against the King, by authority from the Parliament, and I pleaded to my indictment, telling the judge, I girded my sword unto my thigh in judgement and conscience, by virtue of the greatest authority in the land, with a resolution to speed the last drop of my blood, for the preservation of the just laws and liberties of my native country, being seduced thereunto by no flesh alive, acting not by an Imp●cite faith, but upon principles of judgement and understanding, in the defence whereof I told him I was then as ready to die by a halter, as before I had been either by a Bullet or a Sword, and having escaped that danger of hanging by a letter of the Speakers of this House, threatening unto them, Lex taliones, As you may read in the first part book Decl. 802. 803.  
I contracted there, by hard usage, a desperate and dangerous sickness, of which I lay speechless divers days, the inhumanity of the barbarous Marshal Smith, being such toward me, that he would neither suffer Physician, Apothecary, Surgeon, nor Nurse to come near me, and though some Gentlemen then in bonds with me, got a poor half starved Prisoner to look to me, yet he was clapped up twice close Prisoner for helping me in those great straits, and I could not freely enjoy his help, till I purchased it for money at the hands of one of Smith● cruel tormentors.  
By which imprisonment (besides my large expenses there) I lost at London in debits, etc. (my Debtors taking the advantage of my arraignment for treason, would as they said pay us Traitors debts) about 600. l. every penny of which lay upon mine own particular shoulders. And coming out with the same Principles I went in, I betook myself to my sword again, having refused here at London; divers places of ease, profit & honour & with much resolution & integrity, in the midst of many discouragements, I fought under the Earl of Manchesters' command so long, tell (by his and others visible apostatising from the first declared ends, and by the wjckednesse, treachery basesse, and perfidiousness I found there) I had lost all my principles, and could not for all the world any longer kill Caveleeres, in whose service I was plundered the third time at Newarke, to the value almost of 100 l. besides many scores of pounds of my own money in that ●●vice I spent, 
* Which I did upon this ground, at the first modalizing of Sir Tho. Fairfaxes Army, the Parliament voted that none should bear office in that new Model but he that would take the Covenant, whereupon though I was proffered better employment then before I ever had, yet I told Lieu. General Cromwell whose white Boy than I was, that upon them terms I scorned to be so base as ever again to draw my sword for the Parliament, for h●itherto I had served them, faithfully and uprightly out of principles of Conscience, and not as a Mercenary, for their money, and what ●●●●soever he was, that should grow jealous of me without a cause. I would never again upon my terms in the world serve that Master any more. As for the Covenant every Knave and Rascal that had no more conscience than a dog, would take either it or any other oath whatsoever for his own advantage, and for his gain and profit break it as soon as he had taken it, but I told him, I for my part was compelled to be honest out of a principle of conscience, and not out of the forc● of Oaths. And besides I for my particular would never be such a Traitor to the laws of my God, and to the liberties of my native Country, as to take such an ensnaring, intangling, dishonourable Scotch Oath.  more than ever there I received, there being due unto me at this day, for my arreare, there, the greatest part of a thousand pounds, as I doubt not upon just and 〈◊〉 grounds clearly when you please to make appear.  
That at the laying down my command I rigorously, with all the interest I had in England betook myself to an earnest prosecution to obtain at the hands of your house, my just and long expected and promised reparations from my cruel Star-Chamber judges, (one of which viz. old Sir Henry Vain sits in your House at this day) in the following of which I met with such hard and unreasonable measure (not only from the hands of your h●●se itself, 
* Who by Mr. Speakers means Committed me at eight a clock at night, without hearing me, though at your door, or without seeing those that accused me, and afterward made an Order to arraign me for my life at Newgate Sessions, and yet released me without telling me wherefore I was imprisoned. See my book called Innocency and Truth justified.  but also from its Committees, in being causelessly tossed and tumbled out of the hands of one Messenger to another, and from one Goal to an other) that it made me almost as weary of the Land of my nativity as ever the Jsraelitas were of A●gipt when the cruel Tyrant Pharaoh made them to make bricks without straw, especially when I considered that all this was done unto me by those for the saving alive, and preserving of whom, I had so often, freely, and resolutely, with my sword in my hand adventured my life, and in the days of their greatest straits and calamities been as faithful to them, as ever Jonathan was to David, when he hazarded ruin and destruction from his father for siding with him. Yea, and if it had then been in my power, could have done a thousand times more than I did, verily believing they would have performed their just Declarations to the Kingdom. But before the storm of your indignation was well blown over the fierceness of which had almost overwhelmed me, behold such a furious tempest the 10. of july 1646. ariseth against me by the House of Lords, as if it would have blown me into an other Horzian, or have Metamorphased me into the shape and habit of a bruit beast, and have rob me of all things that might give me the denomination of a man, LEVELLING thereby the Liberties and freedoms of all the Commons of England, unto their arbitrary, Lordly wills. And having about 18. months ago fled unto you (as justly I might) for shelter, protection, and justice against them, which by my several Pleas before your Committees I have proved you ought long since to have afforded me; and having the 11. of this instant in half a sheet of Paper, presented (here at your door, as now I do to your hands) an abstract of the Lords tyrannical; illegal dealing with me. And of all by way of Plea, I have for myself to say; with a desire to stand or fall under your Judgement thereupon, which yet I cannot obtain from you, and therefore referring you to that Abstract, and to my Grand Plea before Mr. Maynard upon the 20. October last, and my Additionall Plea annexed unto it, for all the particulars ● crave and challenge at your hands as my right and due. I adjure you before Heaven and Earth, and before the Lord jehovah, and his mighty and glorious Angels, without any more delay, to adjudge my cause betwixt the Lords and me, either to my justification or condemnation, and to do me Justice and right by helping me to my own, kept from me by you, and do not by your 7. year's delay of justice, lay more provocations upon me, than my strength and ability is able to bear, and then go about to destroy me, for my crying out of your oppression; when in the eye of ●eason I have no other remedy left me in this world but that, or to destroy myself, wife and Children, which even nature itself abhors, or else to live upon the kindnesses of those, that in future time to my reproach shall (as some from whom I should little have expected it have lately done) hit me in the teeth with it, which makes the proffer of their courtesies a scorn unto me, and the thoughts of not being able to repay them again; a burden to my spirit. And therefore to conclude, let me in the bitterness of my spirit, say unto you as the unrighteous Judge said unto himself, although by your actings towards ●●, you declare that you neither fear God, nor reverence 〈◊〉, yet for my necessity and pressing importunities take, now at last to do just and right; for if I must die by yours, and the Lords murdering oppression, I am resolved if I can help it, I will not die alone, nor in a corner in silence. Therefore help me unto my own, to leave subsistence unto my Wife and Children, that they may not beg their bread when I am dead and gone. And if nothing but my blood will serve my cruel adversaries, if they be men, I challenge the stoutest of them in England, 〈◊〉 unto hand, with his sword in his hand like a man, to put a period to my days, being ready to answer any man in England, Lord or Commoner, that hath any thing to lay to my charge? Either, 

First as a rational man: Or,  
Secondly, as a resolved man; Or,  
Thirdly, as an English man.    
In the last of which I shall desire no more favour than every Traitor, Rogue, or Murderer, that is arraigned for his life at Newgate Sessions enjoys, viz. the benefit of the declared known law of England. And so at present I rest.  
Your oppressed friend, that loudly cries out to you for justice and right. john Lilburne. From my most illegal, starving, and murdering tyrannical, imprisonment in the Tower of London, this 23. Novem. 1647. going into the eight year of my fruitless expecting justice from the deaf and hard hearted house of Commons.   
Be pleased to take notice, that divers hundreds of this half sheet of paper I delivered the day of the date of it to the Parliament men's own hands at their door, and the Soldiers, and the by Standards, and while I was delivering them at there door out came Mr john Ashe the clothier to me, (a man that hath fingered about ten thousands pounds for his pretended losses of the State's money, besides what he hath got as Chair man to the Commit for composition at Goldsmith's Hall, which if common fame be not a liar, hath been largely profitable to him, as well as other of the like places are said to be to others of his bespoted brothers) and told me to this effect, that he had formerly honoured me for my great sufferings, but I had of la●● joined with David jenkin's to destroy this Parliament, which he was pleased to say was the bases and foundation of the peace, and being of this distressed Commonwealth, for which I very well deserved to be executed, as he said, unto which, with a good resolution I replied (having my back against their house door.) to this purpose: Sir, I scorn your word●s, and charge, of joining with judge jenkin's, or any other whatsoever, either to destroy this Parliament, or the Common wealth, for I am the same man in principles, that ever I was, and as true to mine, as judge jenkin's is to his, though you, and the most of the Members of your House, be changed from yours, & Sir I tell you, that before ever I see Judge Jenkins face, I had law enough to deal with twenty such as you are, though I confess I have lost nothing in the particular by my acquaintance with him, but have gained, much by my imprisonment with him, in the knowledge of the Law, but Sir, I retort your own words, back upon you, and aver that it is you, and such as 〈◊〉 are, by that palpable injustice, that so acted by you, that will not only destroy this House, but hazard the total destruction of the whole Kingdom, for I myself have waited upon you seven years for justice, to my large expense, but yet cannot obtain one dram of right, from your hands, although you can find time enough to share the Commonwealth's money amongst yourselves, by thousands and ten thousands, & whereas you say, that I deserve to be executed, I would have you to know, I scorn your courtesy or mercy, and desire you from me to tell your house, that I am ready to answer the whole house or any particular Member in it according to the Law of the Kingdom, at any bar of justice in England, when and where they please, without craving or desiring the least dram of favour or 〈◊〉 at their hands, and here upon the Gentleman want away as though he had had a flee in his Eare.  
And by and by came out of the House an ancient man (as I was told, called Mr. Jenner,) and he rusly demanded where the man was that delivered those books, one of which he had in his hand, and I having my back fast against their door, and looking him full in the face, told him after this manner, that I was he, that not only delivered them, but also made them, and would justify them to the death; saith he can you expect any good at our hands to give as such language as at the conclusion of it you do? unto which I replied; Sir, I wish you had not given me too much cause, by your delaying to do me justice, and right, and tossing and tumbling ●● as you have done from our Goal to another, to give you a great deal 〈◊〉 whereupon he departed and left me, and I went on giving away the aforesaid papers.  
But now in regard I can neither obtain law nor justice, at the hands of the House of Commons, either upon my Star-chamber judges, nor yet upon, nor against the present House of Lords, most barbarous, tyrannical, arbitrary, and murdering dealing with me, and seeing it is clearly discovered every day more than other, and obvious in my apprehesion to every rational man's eye, that the design of the present seeming sanctified swaying faction; (which who they principally are, I have named before) is totally to subject the freemen of this Kingdom to vassaledge and slavery, and subdue there fundamental laws and liberties, by crushing in pieces (arbitrarily and tyrannically,) every cordial hearted and Noun-Substantive English man, that dare peep out in the least to own his freedoms and liberties, or stand for them, thereby demonstrating that they have learned their lesson well, from that old guided Fox the Lord Say, whose maxim it is (if he be not wronged) that it is as dangerous to let the people know their liberties and freedoms, as to let a stomached Horse know his strength, and therefore it is, that my Lord and the rest of his new factionated Independents (who in my Judgement are grown more tyrannical already, then either the Episcopalls of old, or the late swaying Presbyterians) have so many Beagles and Cur-dogg, not only to sharlar, but to by't the shins of every man they can find out, that dare presume to write, print, or publish any light or information to the people; and if they hold on but a little longer as they have begun, it is to be feared they will make it death, as the great Turk doth, for any man to keep a printing press. And seeing they have (in my eyes) laid aside the studying the Gospel of truth and peace, or practising any thing that is commended by it, and are totally studying and practising of Machievell, and are closing and dabbing with the interest of the public Priests, to make the public pulpits sound forth their rotten praises, and uphold their new confu●●d Babel sandy interest, though in this book (by reason of the great distractions of the kingdom) I thought to have been very tender of the House of Commons and its committees: yet because slavery and tyranny is already go over the threshold, I must furnish my friends with some weapons to keep it out of the kitchine and Hall, lest it get possession speedily of the whole house, and for that end I shall insert my Defiance to Tyrants in a plea, which thus followeth.  

A Defiance to Tyrants. Or a Plea made by Lievt. Col. john Lilburne Prerogative Prisoner in the Tower of London, the 2. of Decemb. 1647. Against the proceed, of the close and illegal Committee of Lords and Commons, appointed to examine those 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 ●o●wn and declared Law of England, 
a See the Petition of right, and Sir Edw. Cooks 4. part institutes, 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 Wilt, they do not act as Magistrates, but as 
b See King james his, speech to the Parl. at White Hal 1609. and 1. par. book Decl. pag. 150. and my book called the Outcries of oppressed Commons. pag 16, 17. 18. and my Epistle to Mr. Martin of the 31. May 1647. called Rash Oaths, pag. 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 arbitrary and illegal command; 
c See Cooks 2. part inst. upon the 29. chap. of Magna Charta, fo. 52. 53. and fo. 590, 591. and regal Tyranny, p. 78. 79. 80, 81. and Vox Plebis, p. 37. and my plea before Mr. Mart●n of the 6. Novem. 1646. called an anatomy of the Lords tyranny, pag. 5. 7. ●.  I may, and aught (if I will be true to my native and legal freedoms) by force to withstand him or them, in the same ma●ner 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 form according to the Law of England, I ought not to obey but withstand and resist upon pain of being by all the ambiased 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 process ought to issue out to summon up any man to any Court of Justice in England whatsoever, till a complaint 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, and the name of my prosecutor or complainants, or else it is not legal, and so not binding, but may and aught to be resisted 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 Se Cooks 2. part. inst. fol. 103. 104. & 4. part inst. Chap. High Court of Parlm. and the book called the manner of holding Parlmts. & Mr. Prinns relation of the trial of Col. Nath Fines. p. 13. and regal tyranny pag. 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 Sir open, for all peaceable men freely to behold and see, 
e See 2. part inst. fol. 103, 104. and my book called the resolved man's resolution, p. 56. and regal tyranny. p. ●●, ●2, 83. & Mr. Prinns relation of Col. Nath. Fines 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, 
f See my grand plea, and my letter 11. Nou. 1647. to every Jndividuall Member of the House of Commons, See Sir Edw. Cooks exposition of the 14. and 29. Chap of Magna Charta in his 2. part inst. and regal tyranny, p. 43, 44, 72, 73, 74, 85, 86. and Vox Plebis, pag. 38, 39 40, 41, 42. and my Epistle to the Lieut. of the Tower the 13. jan. 1646. called the oppressed man's oppressions declared, p. 17. 18, 19  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 Equals by Law, and so cannot, nor ought not to be there, to be my examiners, tryers or Judges, and a traitor I am to the laws and liberties of England, if I stoop or submit to the jurisdiction or power of such a mixed Committee. f  
Thirdly, It is contrary to Law, and expressly against the Petition of right, either for this Committee of Lords and Commons; 
g See Vox Plebis, p. 38. my anatomy of the Lords tyranny, p. 10. and Thompson's plea against Martial Law.  or any other Court of justice 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 me, for any crime that is triable or punishable at Common law. 
i See the proofs in the third Maginall note at the letter C.  
k Which Statute you may read before, p. 6. and take notice of this, that all misdemeanours whatsoever are Bailable.  
l See the 3. E. 1. c. 26. and 4. E. 3. 10. and 23. H. 6 10. Rast. plea. fo. 31. 7. Vox Plebis. p. 55, 56. 57 and my late Epistle to C. West late Lieu. of the Tower, calle● the oppressed man's oppressions declared, p. 3, 4. 1. part Cooks inst. Lib. 3. chap. 13. Sect 71. fol 368. where he positively declares, it was the native & ancient, rights of all Englishmen, both by the Statute and Common Law of England, to pay no fees at all to any administrators of justice whatsoever, or any Clerk or Office● whatsoever officiating under them, who were only to receive their Fees, Wages, and Salaries of the King, out of the public treasure. See also 2 part inst. fol. 74. 209. 210. The Public treasure of the Kingdom being betrusted with the King for that and such ends: see also that excellent book in English, called the Mirror of justice, chap. 5. Sect. 1. pag. 231. and judge Hutton's argument in Mr. Hamdens' case against ship money, pag. 41.  
m See 1. part inst. lib. 3. Chap. 7. Sect. 438. fo. 260. and the 2. part fo. 43, 315, 590. see my book called the oppressed man's oppressions declared, p. 3. Vox plebis p. 47, 55. 56. and liberty vindicated against slavery, p. 14, 15, 16,  
n in his 2. part just. fol. 42, 43. which is exceeding well worth your reading, see fo. 315, 316, 590, 591. see the mirror of justice in English, chap. 5. Sect. 1. division 53, 54, 55, 57, 58. pag. 231.   
Fiftly, and if in case there be no Law extant, to punish their Pretended London Agents for doing their duty in prosecuting those just things, that the Parliament 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 see Rom. 4.15. England's Birth right, p. 1. 2, 3, 4, and the resolved man's 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 Arbitrary Orders, it is more than by Law they can do, neither aught 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 it, 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 Committee do further order, and I may and aught to read the warrant, and to have a copy of it, if I demand it, without ●aying any thing for it, and if I be committed for any crime not mentioned in the statute of 3. Ed. 1 Chap. 15. 
k Which Statute you may read before, p. 6. and take notice of this, that all misdemeanore whatsoever are Bailable.  I am Bailable, which I may and aught to tender in person to the parties that Commit me, either (if I have them by me) before I go to prison, or else as soon as I am in prison, or as soon as I can conveniently get f● bail for me, and in case I be legally committed, both for power, matter and form, and be kept in prison after I have proffered bail (as before) I may bring my action of false imprisonment, and recover damages therefore: but besides know this, that there is not one farthing token due to the Serient 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 groat at most; I and when I am in prison, I ought to be used with all civility and humanity; for that great Lawyer, Sir Edw. Cook expressly saith, m That imprisonment must only be a 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 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 allows 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, 
o Only this is to be taken notice of, that if I commit an offence before the view of a judge or justices fitting 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 & send it after me when the Court riseth, and I may if I please proffer him bail to answer the Law when he Commits me, which he ought not to refuse, and if he do, it is false imprisonment, if my pretended or real crime were bailable, and my action I may have against him.  which writ is in force to this day, and therefore (he saith ibid.) that the justices of assize, justices of Oyer and Terminer, and of Gaol delivery have not suffered the prisoner to belong detained, but at their next coming have given the prisoner full and speedy justice, 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 Abot of St. Albon, by the whole Court, that where the King had granted to the Abott of St. Albon, to have a Gaol, and to have a Gaol delivery, and divers persons were committed to that Gaol for felony, and because the Abott would not be at the cost to make deliverance, 
p In his 2. part inst. fo. 52, 53. in which pages you may read 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.  he detained them in prison long time without making lawful deliverance, that the Abott had for that cause forfeited his franchise, and that the same might be seized into the King's hand. 
q 
Upon which Habeas Corpus, if you be brought up to the bar, you ought if wrongfully imprisoned, clearly to be discharged without bail, and 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, yea, and in divers cases against the Gaoler 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 decls. p. 201.  
And you are to know, that any house keeper that stand not committed of crimes, but are legal men, paying scot and lot (though they be no subsidy men) are good bail, and if refused, you have your action of false imprisonment against him that so doth, and you are further to know, that if the prisoner be in a Country Gaol, who is ●o be brought up to the Bar in Westminster Hall upon the Habeas Corpus, that he is only to bear his own charges, but by law is not bound to beat the Gaolers, or to pay him any thing for bringing him.    
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 heels, and then I would cry out Murder, Murder, ●o and do the best I could to preserve myself till I had got a Copy of it; for many times, when a man comes to prison the dogged Gaoler will refuse to let me have it (which may be a great ●e●riment to me) and if I stir or buss for it, his will shall be a Law unto me, to du●geon me, b●●t and fetter me, contrary to Law. It being (as Andrew Horn saith in his excellent book called the Mirror of justice in English, Chap. 5. Sect. 1. division 54. pag. 231.) an abuse of Law, that a prisoner is laden with irons, or put to pain before he be attainted of felony, etc. And when I am thus in prison (committed by what authority soever) the first thing that I am to do, is to send my friend (be he what he will be) a● well a private understanding resolute man, as a Lawyer) for either myself, or any one I will appoint, may and aught to plead my cause before any judge in England, as well as any Lawyer in the kingdom, and neither aught by the judge to be forbidden, snubed, or brow beaten) to the Chancery for a Habeas Corpus, if it be out of Term: for as Sir Edward Cook on the 29. chap. of Magna Charta well p saith, the Chancery is a shop of justice always open, and never adjourned, so as the subject being wrongfully imprisoned; may have justice for the liberty of his person as well in the Vacation time, as in the Term, but if it be Term time, it is most proper to move for the Habeas Corpus at the King's bench bar, and if the Judges refuse to grant it unto you (it being your right by Law, as the Petition of right fully declare, q and the judges by their oath (before printed pag. 10, 36) are bound to execute the Law impartially, without giving care in the least, to the unjust command of the Parliament, or any other against it) than you may by the Law indict the ●udge or judges 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 overturned, & you (as the Parliament 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 decls. p. 207, 690. 728, 150.  
john Lilburne, in adversity and prosperity, and in life and death, always one and the same for the liberties of himself, and his native Country. From my arbitrary, tyrannical, and Murdering imprisonment, in the Tower of London this 2. of Decemb. 1647.   

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 non 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. and by those Ordinances referred the London-parsons', or ministers in London, to get their tithes according to the statute of the ●7. H. 8. 12. which statute authorised such, and such men to be Commissioners as are therein named, or any fix 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 Parson's two shillings ninepences in the pound, for all house-rents, etc. 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 no● her to be found a● Me●arborow the Lawyer, in Roben-hoods court in Bowlane London, proved by certificate under the Record keeper's hand, before Alderman adam's, when he was Lord Mayor of London; In a case betwixt Parson Glendon of ●arkins by Tower-hill, and one of his Parishioners, viz. Mr. Robert 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, than a Three 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 send Summons to any Freeman of England, and to force them to come before them; & without due process of 
* And what due process of Law is, you may read in the 2. part institutes upon the 29. Chap. of Magna Charta, and Vox Plebis pag. 11, 12, 14, 15. etc. and my book called The resolved man's resolution, page 3, 4, 5, 6. etc. and my grand plea against the Lords, and Thompson's plea against the new Tyrants at Windsor executing Martial Law.  law; to pay so much money to the Parsons, upon any pretence whatsoever, and for unwillingness to pay, to commit him or them to prison, is a crime in my Judgement of as high a nature in subverting our fundamental laws and liberties, and se●ing up an Arbitrary Tyrannical government, as the Earl of Strafford 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 subverters of all laws, as the Earl of Strafford did for his, against whom in the fift Article of his aditional Impeachment of treason, it is alleged against him, That h● did use and exercise a power, 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 proceed, and upon a paper Petition of Richard Rolstone, did cause the said Lord Mount Norris, to be disseized and put out of possession of his freehold and 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 Majesty's 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 proceedings, divers of his Majesty's subjects (and particularly the Lord Tho. Dillon) were outed of their possessions, and disseized of there freehold, by colour of the same resolution without Legal proceed, whereby many hundreds of his Majesty's Subjects were undone, and their Families utterly ruinated.  
And in the 8. Article, he is impeached, That upon a petition of St. john Gilford Knight, the first day of Febr. in the said 13. year of his Majesty's reign, without any legal protesse, made a decree against Adam Viscount Lo●tus of ●lie, and did cause the said Viscont to be imprisoned and kept close Prisoner, on pretence of disobedience to the said decree or order; and without any Legal proceed, did in the same 13. year imprison. George Earl of Kildare against law, thereby to enforce him to submit his Title to the Manner and Lordship of Castle Leigh (being of great yearly value) to the said Earl of Strafford, will and pleasure, and kept him a year Prisoner for the said cause, two Months whereof be kept him close Prisoner, 
† All which you may at large read in the 12●, 124, 125 pages of a book called Speeches and Pallages printed for Wil Cook, at Furnivalls-Inne gate in Holburn, 1641.  etc.  
Now the Parliament itself or the Members thereof, being as Sr. Edward Cook well declares (In his 4. part institute, 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 person may not be hindered from the discharge of their trust in the house, which their Country hath inposed in them) and unto whom till it be repealled, it is a rule, as well as to any other man in England whatsoever, especially in all actions or differences betwixt party and party; and that Parliament man that shall say, that any Committee of Parliament, or the whole houses is the Law, shows and declares himself either ignorant of the Law, or a voluntary & wilful deceiver: for what is within their breasts I neither can know, nor am bound to inquire after for to know or take notice of, 
* See England's Birthright p. 3, 4, 5, 6, 7, 8.  neither is any thing therein (till it he legally put in writing, legally debated, passed, and legally published) binding in the least unto me or or any 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 now one's, to make war 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 Strafford in the above said book page 118. runs thus; that the better to enrich and enable himself to go thorough with his traitorous designs, he hath detained a great part of his Maj 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 a long time unpaid. ) it being their proper work to punish those that imbezle, and waste it, but if they should finger it and waste it, may not the Kingdom easily be cheated of its treasure, and also be left without means to punish them for it? and most dishonourable it is, and below the greatness of Legslators, to stoop to be executors of the law, and indeed it is most irrational, and unjust they should, for if they do me injustice I am robed 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 male or evil administrators of justice: and therefore I wish they would seriously weigh their own words in their declaration of the 17. of April, 1646. 2. part book declaration, page 878. where to the whole Kingdom they declare that they will not▪ nor any by colour of any authority derived from them, shall interrupt the ordinary course of justice in the several Courts and judicatories of this Kingdom, nor intermeddle in cases of private interest, otherwhere determinable, unless it be in case of male administration of justice, wherein we shall see [say they] and provide, that right be done, and punishment inflicted, as there he occasion, according to the laws of the kingdom, and the trust reposed in us.  
And therefore seeing that by the law of their own will, without due course or pocesse of Law, or any visible shadow or colour of Law; the Commit of plundered Ministers will Rob the Citizens of their proper goods, which is not in the least justifiable, for as judge Crook in the 6●. pag. of his Argument in Mr. Hampdens' Cause against Ship money, saith, that the Law book called the Dr. and student, chap. 5. pag. 8. setting down, that the Law doth vest the absolute, property of every man's goods in himself; and that they cannot be taken from him but by his (legal) consent, saith, that is the reason if they he taken from him, the party shall answer the full value thereof in damage, and so (saith judge Crook) I conceive that the party that doth this wrong to another, shall besides the damages to the party, be imprisoned and pay a fine to the King, which in the King's bench is the tenth part of as much as he payeth to the party, so than if the King will punish the wrong of taking of Goods without consent between party and party, much more will be not by any prerogative take away any man's 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 one wills, be sure you play the Englishman, not foolishly or willingly to betray your liberty into their hands, but in this case, part with them as you would part with your purse to a Thief that robs you upon the high way, for the forementioned Lawyer in the forementioned 8. pag. saith, that by the prime Laws of reason and nature (which are the Laws of God) it is lawful for a men to defend himself against an unjust power, so he keep due distance, so that if they will have your goods, let them distrain for them, and then you may replivie them, and thereby at law try the title of their right, and if they will imprison your person, go not but by force, and be sure to stand upon the legality of the warrant, which that you may fully and truly understand the form of it; I shall give you at large the words of Sir Edward Cook in the 2. part of his institutes, fol. 590, 591, 592. published by the Parliaments own authority for good law, who being expounding the Statute of breaking prison made in the first E. 2. upon the words, without cause, etc. fo. 590. expressly saith this act speaking of 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 man's liberty, under the custody of another, by lawful warrant in deed or in law, lawful warrants, 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 Jndictment at the suit of the King, or upon an appeal, at the suit of the party: when it doth not appear by matter of Record, as when a felony is done, and the offender by a lawful Mitrimus is committed to the Gaol 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 Capias, the warrant is lawful, and if he break prison, it is felony, albeit no felony were committed. But in 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 is no felony, for there is no cause. And the words of this Act 
† See Magna Charta, Chap. 29.  are, unless the cause for which he was taken require such a judgement, so as the cause must be just, and not feigned, for things feigned require no judgement.  
If A. give B. a mortal wound, for which A. is committed to Prison, and breaketh prison, B. dyeth of the wound 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 felony, 11. H. 4, 11. Ploughed. come. 408. Coler case.  
Seeing the weight of this business, touching this point, to make the escape, either in the party, or in the Gaolers felony, dependeth upon the lawfulness of the Mittimus, it will be necessary to say somewhat hereof; First, it must be in writing, in the name, and under the seal of him that make, the same, expressing his office, place and authority, by force whereof he maketh the Mittimus, and is to be directed to the Gaoler or keeper of the Gaol or prison: Secondly, it must contain the case (as it expressly appeareth by this 
* 25. E. 3. f 42, B. Coron. 134. 32. li. 3. Co●er. 248. 9 E. 4. f. 52.  Act, unless the cause for which he was taken, etc.) but not so certainly as an Indictment ought, and yet with such convenient certainty, as it may appear judicially, that the offence require such a judgement; as for high treason, to wit, against the person of our Lord the King; or for the counterfeiting of the money of our Lord the King; or for petty treason; namely for the death of such a one, being his master; or for felony, to wit, for the death of such a one, etc. or for Burglary or Robbery, etc. or for felony, for stealing of a Horse, etc. or the like, so as it may in such a generality 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 aught to have convenient certainty, as it is aforesaid. Secondly, Also it must have convenient certainty, for that a voluntary escape is felony in the Gaoler. Thirdly, If the Mittimus should be good generally, (for felony) then, as the old rule is, (the ignorance of the Judge, should be the calamity of the innocent:) for the truth of the case may be that he did steal Char●ers of Land, or wood growing, or the like, which in law are no felonies, and therefore in reason, in a case of so high nature, concerning the life of man, the convenient certainty ought to be showed.  
By Authority, the constant form of the Jndictment, in that case forescape, 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 certain man, M. N. feloniously slain, or the like; for the Indictment must rehearse the effect of the Mittimus, which directly proveth, that the cause in such a general certainty ought to be showed, vid. 23. E. 3. fo. 48.  
And if a man be indicted of treason, or indicted or apealed for felony, the Capias thereupon, whereby the p●rty is to be arrested, comprehendeth the cause (and therefore much more the Mittimus) whereby the party is to be arrested, having no such ground of Record, as the Capias hath; must pursuing the effect of the Capias, comprehend the case in convenient certainty, 2●. E. 3. fol. 42. pl. 32. there ought to be a certain cause; and in the same leaf, pl. 35. in case of breaking of prison, the cause of the imprisonment ought to be showed.  
If a man be indicted (that he break prison feloniously, etc.) generally, 
9 H. 4. f. 26 41. ass. 5. 22. E. 3. Coron. 242, 243, 248. 43. E. ibid. 424. 3. E. 3. ibid. 312. 328. 333, 345. 346. 2. E. 3. fo. 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. 7. 39 H. 6. 33. ●. R. 3. cap. 3. 2. H. 5. cap. 7. 21. H. 7. 17.  it is not good; for the indictment ought to rehearse the specially of the matter according to the statute, that he being imprisoned for felony, etc. brake Prison: We have quoted many other books, which though they be not so certainly reported, as might have been wished, yet the judicious Reader will gather fruit of them. But see before the exposition of Magna Charta, cap. 29. (by the Law of the Land) and observe wall the Writ of Habeas Corpus, for a direct proof, that the cause ought to be showed.  
Lastly, see, hereafter in the exposition of the Statute of Articuli cleri, the resolution of all the Judges of England; the answer to the ●●, and 22. objections, which we will in no sort abridge for the excellency thereof; but refer you to the fountains themselves.  
Hereupon it appeareth, that the common Warrant or Mittimus, to answer to such things as shall be objected against him, is utterly against Law.  
Now as the Mittimus must contain the cause, so the conclusion must be according to law; viz. The Prisoner safely to be kept, until he be delivered by due order of Law, and not until be that made it, shall give order or the like.  
John Lilburne. january 1647.    
I had here an intent largely to have insisted upon the Lords tyrannical exercise of their illegal usurpations, upon divers of the free Commons of England, besides myself, whom they have most Arbitrarily and tyrannically without all shadow of Law (saving the lawless, unlimited tyranny of their own mere unbounded wills and pleasures) sent unto several Gaoler in this Kingdom, but because my time hath been exceedingly prevented, and my intention frustrated by those late storms, and ungrounded, fluttering, bellowing, whirlwind tempests, that hath lately been (most falsely unjustly and maliciously) raised against me by an English Tertullus Orator, called Mr. Marsterson, the false and lying Sepheard of Shoreditch near London; whose impeachment of me at the Lords and Commons Bar (of designing the destruction and overthrow of the present Parliament, although it hath made a great echoing and note in the Kingdom) I no more value than a blast of wind, but let malice itself in all its height do the worst it can.  
Yet I say by these new storms, I have been a little diverted from my purpose, in fully painting the Lords at present, and therefore because I judge it more than time to have this discourse abroad, I shall suspend the full execution of my intentions till my late speeches at the House of Commons bar come to the public view, where I have drawn their Pictures as lively (I believe) as any picture drawer in England ever did.  
And therefore I shall only at present confusedly fill up this spare paper, and I shall begin with my proposition which I sent to the Speaker of the House of Commons, which he caused to be read in their House, and which verbatum thus followeth.  

The Proposition of Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, made unto the Lords and Commons assembled at Westminster, and to the whole Kingdom of England, Octob. 2. 1647.  
I Grant the House of Lords according to the Statute of the 14. Ed. 3. chap 5. to have in law a jurisdiction for redressing of grivances, either upon illegal delays, or illegal judgement given in any of the Courts at Westminster Hall, provided, they have the King's particular Commission therefore, and all other the legal Punctilloes contained in that Statute, which jurisdiction and no other, seems to me to be confirmed by the Statutes of the 27. Eliz. chap 8. and 31. Eliz. chap. 1.  
But I positively deny, that the House of Lords, by the known and declared Law of England, have any original Jurisdiction over any Commoner of England whatsoever, either for life, 〈◊〉, liberty, or estate, which is the only and alone thing in controversy betwixt them and me. And this position I will in a public assembly, or before both Houses, in law debate, with any 40. Lawyers in England that are practisers of the Law, and I will be content the Lords shall choose them every man, and i● after I have said for myself what I can, that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England, give it under their hands against me, I will give over my present contest with the Lords, and surrender myself up to the punishment and sentence of the present Lords and Commons.  
Provided at this debate, I may have 6. or 10. of my own friends present to take in writing all that passeth thereupon. Witness my hand and seal in the presence of divers witnesses in the Tower of London, this 2. of October, 1647.  
john Lilburne.   
And to conclude this book, I shall only add a breviate of my grand Plea against the Lords, as I delivered it to the House of Commons, in half a sheet of paper the 11 Nou. which thus followeth.