' '1 r- w-V—vv" A COLLECTION 71:21 My oftfié Marrow and Soul 1: 0I and Pr11nlcdgcs, aITertcd anavindicaccd, (againi’t all Tyranny whatfocWWMRgann. ‘ B E IN G MAGNA CHARTA And of all the mofl: principall Statutes made cvcr1 I 11cc to this prcfcnt vcarc, 1647. For the p11. Icrvation of the peoples L1bc’rtics and prOpcr-ties. _ With clcatc pronfs and demonf’tmtions, that now their, Laws and L1 bcr1ics are nigher Subvc111'o11, 1hcn1hay were when 1! cy 11111 begun to fightIor them, by a p1c{c111fwaying powerful I Faflion, 211101131} 1111: ‘ Lawcs and lecrtics to that Atb1 my a1T1d tannicall W Us and plea 1 futct [0 111211 petfcét Vaflalagc and SI lavcryt onrcc of ‘8 cs ) induce-.1 1 11211111- oI Turkifll lanifarics. 11 the Regiments oI the Guards: of France, :5 bl‘kdy (t0 WIPCWUIIIE) to be (filed, II {ht people d ac no: {pccdily look . Compiled by Licvt. Col. 5‘01»: Ltlburne,prcrov {had by him for theinfirufiiOn information and benefit Pofall 1 ‘ true htaftcd Englifh men. 1 I W 511' Thoma: Fairfaxc: Army, that were pretendedly raifcd for to fight for 111‘: US herticc 911.1'Frccdomes of England, amwcély drew their Swm 133 gar the Houfe oICommons dome, to dcflroy thofc that 1121119 019011 for their Lawcs - > A—____ 1‘ v and L1bcx‘t1cs, 1641. A “ V m __ A. . , v m _ nv'vv ”v “N. w-r The peoples Prerogauvc ” If Lords, Common: and Army. that have alr1cady dsfaft'a lcvclled our. , . gativc Pr1fonc11n the Tower of London,andp1£bli.- . a_’ about them, and a& vigorully to: the orcvcmmg oI' 11. I“ I 1 _ LONDoN, Prtntcd1n1hcyearc,wh¢nfomcof1hc mercimryOPficcrs and Souldiers of? 11 H - —- v.7.- g... r-“.\.uou uuu n fins uuuusu sure~ v- ‘blb V'vw-'~u~'v ~' ‘1'" ”J V' P'J"" $ ”"95 UDV1~f16IIHWP ' ' \ My“!!! éefires pre'fcm peace ,‘freédome, jufiic‘c, end the com 111011,.Ii.g17t and gced of all men, Effbfitfimffi particularlyfio allithofc hbmfl Now-:1. fkbfi;iptivq mm, the: were the promoters and ' iimanagers of that affeé'tionatc Pctitiph" ~form}! Taft} ind hit? Richard. Ooet'ton, toghe Hou'fc 0’5 :Corirmpn (about 12.. {noneths ago;,~wbich iepeirigeo'jn-tbc :10; and 2.1.~pag-.softhc' {Mend c‘diti - eon dfdur hook‘ctllcd théOutcryes ofopprej‘ed 6‘0”:me But in a man: chpecmll manner to my hoe-cf: friends,/inand about W atford, thath-Mlyrwcrc ih trouble fitvcrall Scflions or St. Alhmxfor ». .0: comméng to their par-ifh Church to bear: Common prayer, 8zc. , t ‘V - OHM Gentle men, we} deatcfi Country men. L,Thefflttil?l€ krowledgeofthe fefefifig; of ' b gate {of} fiQififéfj‘tj’ijt'r‘fl'UCJ‘dll thee: {flying toga", androm3m'ttg to mef'or'od'oice', ‘dtew cut my broit dawn-Log to my molt: mtmyo heating}! breezy-Q to .théfite 2"} o/femet flog that fijgée! hefo‘r mfefjkflmlx’} flzturego'ea’ ofjoyrr,(to whom I hfz'cefi‘mehy ma’ezzredohhgotme and all the ref! of , your itCigI'JhOttfs} which I [ereprtfent'omwoor cotgztzcm {Zea/pf. anon zrz tb'f/o-ILJWMg elzfi‘ozufe, or 'fioole’mfleflton of Smarter, being meeflztoted towewamtyoo, tint} hove not a [:tte’e been 10:71-51:sz , tumhiedhy the ”router: of rorrtept mino’gfpzeflwho amulet/Jute "deed: are 4 gift, mid (lyewfiw (donor ‘ endear?thcyfleoztlo’eome to the {Stew ofiehg‘Sue} atzgz h: prefiéhzve been or mot-b as I , or eifiryou [mi A [we Witt/{r ago had tr Prf‘flfllbé’ t in 52 am to j 9.1.5.". 15mm“: hzimgfflport the xgi'o/ ian.‘lofl,)hythe Hoof;- ~ of Com; 0;: (lop! by t he heeies fut train: our onq'fee'itztos proo‘t‘tfisagoit/t‘rec State: that 2: mfg), ( '5’ I interpret it) [43/123] (gazette/tow hoot/t" em’e wourhgg‘to promote a righteous, :zztff, ond‘gallant pa"- tie}: (for the ghetto/"my poore Country) whichl [cot zen'toyou [02m Week: (egos with a letter, which letter apattlytforMyuge‘nfieonoo, 1mm oegcfitedhere no tin/‘67:; which thus foL’ozvc-th 'Uirbdtuw. ‘ ' VV affiijcnzlefiae‘n'ond aea‘r’c Fti‘ehdeThue fete/e52?) ofyour love to me, mam» endeavour: ’ 7’ for myfreteiam‘r, by petitioning the'Peir'Iiomotzt,’ filth ealgznfuch deep‘imprfflion upon My heart ' =' ”a” “twat but often renew my thonhfull agkoowl‘edgemetzt, (zed/lady to [ewe jolt impartirolor, fih'ife I ehldeavoom' err/emote}! who 'e Comte} in Geneva”. And truly the he/Z [broke thy,- I cm doe joy in this in tzflore of time, tom}! opinion is-‘to jiw’jyour petite: For ifthe red Hot-[e of IVerre {71011141 hgoine cote? Into our gates, the ,taztoHorvr [e 01f famioemgtll certainly“ treeduporz lm heeler, and my 710'? 3535,51;ny bc_txpe6tedtg;et d1 (01.23071, norvgtho‘ 03/1}? effigy/t mgotzer to e/tohlifly year peace, is the hm. liegofdtzzeflom, 43151 that only 6471 be tfli‘ficd {2; utzttizeg 1272theeeoethotz,orznoz’pm .offi'cedo‘ozo and io. [Itcegood‘for that end '25 the Petition Wh-ieh-I hayefeitt you flortteei‘ certainly fall the pop/e dirt" he? hem-é th-efteedomewhteh we petition for o’pmt‘dgAtzd ifyou did inform e them, that the]? you decay” {55pm}: gfyom' wood, and that you/horde! mixer dtfltgreewor thiwk any thing worth a war, if theft: ‘ Primih‘zéé‘ of freedom, & in time were (celedsac 3ft: were cleared to them ofhonv gem! can eertzmetzt it; 3 to game the {peed} jettZCment o f $012,? I [a] [note points were when it; their 22],! [amperfwoded at :- eapfe would name together or 0712 nonfat?) untefl‘oml)’ to the Parliament fin e21 hlflting thofc’fotm' 2' 'yzigy : on‘uflz'ee andfi'eedome‘gthet themgoeaee might he [come to them. ~ : ‘65th firmztggzber God wouldg'ioye you light and power; ‘ tit-fie aid endeavour after the thing: . ambiehteégng to} oter-pt’ace aodfi‘eea’ome,he/%re they be hidfrogh yoot eyes, there i 1 mm: an opportunity {cadefthis‘he heghfied, I fem-e G ad will not hetruft usmthattother, atta'in red/on ifw‘o doe not at} :[peedglyeond or .oru/Iy,-it will he impojjih/e to pyrevuetet Wane and canflfiotthCow inyour offing: in 2 his hkfin‘efl’e, fa'efir'e'ifttty advice might-he ofazzy werght with you. ' ' . Fir/t, that infer}; place: asyo‘u tanner game liberty to‘hmye the ”Petition read on the fir/f day ire} the week it; themeeting hoofe, there defire a; great :1 meeting of the peoplefome other do} “you (ao'get, :md'reiz‘d the Petition, and explain it, and thenfeleél lame naive more as Tree/tees, to take care the kai- 1 'mrgg {ohfeription:~,,. 2.. Engage as many perfou at poflzhle you can , to more to Lon'ddn‘ with 18158 (Perjzioflb and may refolutel-J tethe Parliament, matte,- lnfiicc, and we attend to give-you n0- / . ,itifehbql yoigztendhtre todeliizxer'itlfihat at the/ooze time 1'0.” M0} “W “I" ‘3‘ If?” 04” ‘bhle 45‘ ' r'dgeot to refitlehqe at London confided] togz'pe you eon/tan! Intelligence of awoflazrer ,and toYen‘d 3 you hookrfbryour information, bought by a puhltqoe‘fiock,whiebyou [hon/d heme]? wit h your Agent, ‘1 ’Qgcetjoe the: would he of great to neemment- to your peoeeaodmlfore‘ .. I have no meow-w emobte L : Joy 13727; at prefetzt,hut only! otender you the fer-vice of .... . Yogvrbmofl‘ forehfull (cream: F1139 Egg; ' L‘éndomh'ts 8th. of ” ‘ ‘ again: earncflly defires you with all your might to Promote « “fienméofl > 513% Fetishes Jehn. whim.- t “Wynne“: “IE-‘5 E ' . a 1. . f4. [1AA proeme,tothe {oftlowmg <“:oi1¢,c§t1-onanddlfcem,It:m 7 mt aprefcrihcd their wqur what to doc, which ittofmaintetieze the Lmr; ‘ and “41327119: ia‘fifiafism r; {at them, not to makc out mggchicfegand grievances gregtgr; M! £9 {OE‘WW I ~d~ a —»- >~—~~~»-' -——~—'-' ””‘T‘: ""‘rq III a a h ' "w "rd ”-4” .I‘ It. ttwcq, %§%%Efi-r I u."“m W fig" - V 7" 7 V ’ r ' :JIu_ _ 7, vu-‘x h .. ,. t, at ‘ t1" ;.-‘ Ian" ‘ ’ j I ‘5'." - "-‘i‘T’i-Ii‘fifii 65% Hen Ifrael would turn: their backs upon God, ( who alone was their K.‘ cg, x ,- 54”}! 10- 19.8: chap. 1.2.. v. I 2.. l7. 1 9.) and be lake all the Heathen and Pagan nan- II tions round aboutthem, (0 have aKingto rule over them- fDeztt. ”I. :4, 6045 , hgmfelf {ayes this exPrefie command upon them, that thejjhallI i”:.4’?1.-”?§/€fitag ’IU’I ,7" Kim over them/”elves, from among/Ethan brethren, ”49411,“ (“)1de ”Qt u may . , ., my- : / wi/efl’z‘a flranger over them, which is not mm. b'Otbcz‘, hut (faith Gad) [76111411, not multiply Harfu ta birflfflf, nor caufe the peopsc to return to [E 3 )pt (Ithat is to f3y,I to, vafialagc, flavcry,or the houfe "of bondage.) N either [hall he multiply mm: to hxmfclf, that hzr but! ”m“ not away, neither [hell he greatly multip I} to himfizlf, [ii-yer & Gold. . “. I I And it [ha/l be when hefitreth upon the Throne of his Kingdom, that hefhal name hm a copy offing law it} ahaoltmut ofthat which is beforethe Pricfls the Levitt. And It fhall he with ham, (Did he {hall reddtbemn all the “layup/7"“ M63 that he might 194"“ “fear: tthord his God, i". liter? all the word: ofthir law, and thcfc [hammer and do them. That his heart he not lift ed up above ht: brethren, (matkc that well) and that he turrzc not afia’efram the CUMMndcmcm, to the tight hand-or Ill-the left. Dent.l7.t;,16,g7,;8,19,,0. I I Here is a Clem dalmati‘m by Godhimfclf, that Kings (the fingie greatcfl: ‘oFMagifiratch attract to walke (and aft upon the people} by the rules oftthit Own Wills, but by the law Qf‘GodI, which is ashinding tothcm as the meanefi ofthc peoplggm for my Pm I fay, and Gunther, that man (whether King or Parliament man) that declares himfelfto be lawlefié, ma: ”Even” that 607;- . ditiov of god; creation but of the Divi ls.( And pertinent to this purfofc is the comp aint ofour in. tirentEngliIh Lawyer Andrew Home,in his Mirror of luflice insEng Much; 5. Sea. the htfl,dg‘v.fiun the firfl,and fecond, mg n. 5-. wk“? Complaining of the abufions of the Common law, he faith, , thefir/Z‘ and chief? aha/ion itflmt-‘the King is above the law, when” he, ought. .‘fl‘iflv-Mbéffl 10 It, a: it itcontainedifl his oath. W'hmh as 3”- 1‘“de H Imam. Qne of’h}: own. Ipd8§§i§1§h§§t éXFS‘Jmcmw in Mt. Iaha Hampdem cafe againfi Sip-moncv, Pag. 3 2-. (Whig) “Went.WAS1P3.4956:fqm-zbési’arfi liaments doétrinc was broached) faith, that by the Kings. 6141‘»; he «gm: wtg—éW-CQWIV/Ehtgtqfiwb.I lam: , as firall*(in Parliament) be Pmpoundedfo'r tht'Pfofitgndgood of the limgdgmfind'hefute ., ‘5‘ (her declares,that heis to rule and govern thereby,fee alfo thepmtmn of Right «in. .thc rfdbw. III iflgpa’ges, L 1' So thatby Elm it Clem” “PP““mhamin his-own amaginatipnmmlltbc opinion . fl? ofhis Iu‘dgss,he :s neither antPOteDt nor innali‘mitcd, ltaut. his oflicIeI . 5,: ‘W‘Qfiicfiftwfi, con, I . , {erred upon him for the good of the people. . . Agid therefor; [51,13 Cunt-Olefin; “W9 Aflthrz(4n..I I drew Horite ibim) the {econd abufe. of the common Law is». That wbem: P43144935,“ gablfyflkaq, I firth: {almtion afthcfouletony-cfi’aflbrs ”Wipe in theyeajc a; London, ‘ thdtshbqare there-bu I very fildame, amid: the pleafureoftbesKingJar fubfldie: mdcallamom ._ 'ofiil‘rcafuze, 81c. And we? AfiI made the firfl Y§arcsof thilé Parliament ginthe 15. Gish; prcfent 1905,; .talkid‘an Afifm‘thg {Er 61:?!“ng Of. incommknc“ “Win-8 51>! the, 51038. mtctmilfion » of -.B.arliam€nm.‘r “Freaks . ‘3" . I I" ‘ ' ' H 7 h 7 5"}: ."'sia.v§'<.I.'i‘t 9'”! Whereas hr th e Laws-and Statute; of this Realm tbe‘flarliammt might,“ he holds; “Mswu‘e: j Wm, yeare,fw the ”help. afGr’O‘Wm“ .Sec. Which'Lawcs and Statutesate the 4 BEL. 3- “kw j 36: Ed. 3. 10o(Whicharc printedvjrbatum in tbcfoljowin diffo'ut‘ffe, P333 9 ”.9: andrw'hiclum: exPrCQV raréfied and confirmed to- hula/1k?!” and oft/edit ; _. In which A3931; ”Fifi-II!!! ”3‘34 1 ism? J 1 '3" 1" {a .» ., i \ .9) thunk-E griewncc; that dayzyhgppen, but not in the lcafi'to out-Riding: Law-cs, vale. ‘ofthjgit‘tteafufeby taitatio’nt, Effici‘zc, '8: 6. “anti then {here it By thoufiifiis and ten th’otgaf'aatls as; nongfithemfelno, which itexprefly againfl the Lewes of the kingdomefor Fttju: in try/i, (and they are no more at (1:09,) by the Law of this warm give nothing to térew/elvrt, and therefore 'tktitfharing (as daily they docj) the Common wealths money amongfi thef‘nfcltesg is n0 thtcr then abfolutc {fire robbery, again'a whom an ihdtftmcnt, cm!) “5‘30“ 0* recovery, (ifnotof ' m: Andra Home declares p. ”z 19. that ‘it is-an abufe of the common "Law, thht ' Iuflices and their Officers, who kill pea. pie by falfe fudge uent, be no: defiroyed, as other m'urt'hetets, which King Alfrid caufed‘ t0' be-done, who caufed 4 q.» Iufli- cesin one year: to be .‘hanged as murthe r3178, for their falfc‘judgements, and page 14 I. {he faith,'that he hanged Arnold be. ca'u'fe he fa‘Vcd B‘oylifi', who robbed the ' peeple by cullour oftdlflrcfl’u, whereof font: were bylellitzgdiflrefl‘es, fome by “nations of fines, 8tc. death lyohght in oguity andrcafim to lye as well as a- gain a robbing and cheating fervants and flewardst f A“‘nd for them for ever to {halter theml‘elves froifithe‘ "lafh and (heal: ofjufiiec. or for ever from being called w ”to accompl, (or .11 their Cheats, Robbzties, and mur~ thumb, getting tin-Kings band to an Awfitomalte I them an cverlafiing Parliament, no more lye: in the ' Kings power Jufily and legally to do,then to give them power to make us a! a‘bl‘olute Vafl‘cls and Slavchahil to dc‘fisoy all our LaWCS, libertys and propertys, and When they have fo done, then to cut the throats of all the men in England befldes themf'elvcs, there- 'fore it behaves the people to keep 119 the interefl of‘a Parliament, but yet annually atleafl to chufe new Parliament meat, to c‘all their prediccflors to it firich aecombt, and for my part ] conceive that nor onely by the rules of equity and “3100,75“: by the firength ofthe‘Law of the land,(wbitb require: a Parliament to be tho/e51 and ballet lea/i cutaway, gun) the peeplc that are willing in the fevcrall Sheites, Cities and Burrowes, maycau home their Parliament mengand fend new ones in their places to call them to accompmn d to maflt: Laws ta‘punnifh fnch betrayers of their trufi, as men, as full ofunmtutalncfl'e, as thofe that murder and kill their ownc father: 3 which is an 361 :bhotrtd even amongfi bruts, and yet this very thing is afied upon us‘by the. grandee: amongfi Ont ttufiecs; who themfelves have told us, that it it a: Wit It», a: «you the Kingdomtbat tbt ngdom moat ought to be withouta matter to pre. first: it‘felfe. apart ”battdetlwpag :07. 8t peg. 690. ' And that tbtfe flying: which are ewlli'tt their ownenaturegantt be tbtfitbjtfl oftmj comm 1nd, or induce an] obligation ofobta'z'encc upon ‘11] numb} any authority what/300w, 1 . par hook peel. pag. 20 t . 8t 92g. 13 0. And therefo-e, the bonclufion that [draw from God: fubjeétmg of :21 l men equally alike to his law, isby way of ad- vice to all my Counttymen, eatnefily to profccutc the obtaining the things dcfired in the 3 firfi hcadgofou; gtc'u-Qetition efyeeially ( for promoti ngof which, I am lately as a trayter committed ”by the Houfe ofCO'I'Imom) that the powers of King. Parliament and people may be defiinfily and particularly declared and fet’led. that we may be no longer in confufion, by having the link one: to be'fubjeéfio the .Punilhment of the law; 8: thegrent one: to be (fubiefi to none,but fheir'lufis s; the law of duct own misfit thetfotc I do with confidence belcgyc thol'e ”puma,” ofmy impnfon- § “Comrade Mrw W Wt‘ldmiin the I I . pag.othis late mafculiae gawk petite called truth: try; ‘ or am,” treacbgywaatomtzed, whetethe (itch, tbstbt beltecuts the fietdam o/tbi: 20:5," will i. ”on" btfetured, until the extent oftbt pater and Mg? "”50me "Prt'flfltatiyet,ad;be' people: "(WW‘WU‘ fbmfilwt-bt clearly declareiiin reference u the Iegiflative power, ' Atrl for my particulzr. after the grand and {lapel-la- g #8:: that notable-difeoutle of him in :="Tutney Projefispndgalfoin a little book; died the GrondeeIign, and the jufii- . Station offlir' Igpbzt Kayne“! prifoner in . @50‘!’£‘4¥f§1§ ' ? ‘ Tom V war; 5—K mm. vph-‘Vfif _ Q. tat-’4' -" ' -, . v "t "7 .. ‘ ' . 5' ~ \ 1 ~ - t V ‘ ‘ V . . m"'-. i F_ 711/ “""’ 1 titre Apollacie of fo'tall aCzdcr as’Lith. Gen. Gram - are” T pretended to be, for the liberties andffreedomes of the ‘pple of this nation : I {h'all never hereafter in Mugwffetkitfsh) ssufi. shimmy fatherw ~~Ool~l -7 -4 é _ wwj ‘1 " brother,or any Other relations Ihave inelielrrorld, hut {hall always to All Iconverle with,inenliafe the remembrance ol’that deareexPerienced truth or maxime,reeorded in the margenr Ofonr fore- ‘Mentioned large Petition, wmch is,“Thatit'hath been a [maxime among!) the wifefl Legiflatgrs " thatWhofotvcrhiéfincs to {Cttle good laWes, mun proceed in them with a fiaifler opinion of all “ mimkind, and {tippzilc that witofoever is not. wicked, it ”for want only oft'l’te opport‘unixic, n Andthat no {rate can wil'ely be con him: of any pu’oli‘qtie Minil‘ters continuing good, longer f‘ theh the rod-{is he’ll} over their heads' . _ - , _ I Now as God-hath made all men {uhjeft to hi‘r'la‘l’ves gilik e, {o in the. Second placehe hath been very (hart, politive,and plain in his inure: : fee Gen. 2. 1 7. and )9; 5. 6.8:, 2.0. Fee all‘o the the to. It. I 3. :4. page: ofmy Ep'l’tle to indge Reeve: edition the z, ‘ where thefe particulars are largely and pithly difcurfed. But Inglersfieceivers, deluders, and Tyrants s 'firtéy'how to make their Lewes amhi nous and doubtfullgharfo the people may continually be together‘by the cares, in the true under and . ing of them, ch It (0 the myfieriousfand juglin Law yet: [ who are the pri‘ncipal‘l makers ofthem) may under pretence of opening them,eontinua y pi cl: the people: poekets,with a'kind of Horus Po- cus or Clenly eonveiancegand have made them (0 voluminousghat it lhal be almoi‘t impc’lfible for an ordinary man ever to reade themavegor ll hedge reade them over yet,it£inll be impoliible gar 3n ordinary braine to carry alllthe contradi'alons of t‘hem , one againfl an ether in his es . _ - ' Thirdly, God gave all his'lawer, and the proceedingstherein to his people, in their Owne mo; therton_gue,and commanded them to teachthem to their Children and‘Setrants (and that their Iudges'thar did execute them, lhould (it openly in the Gates) and judged it farre below, and he. Math that lullice that is inhtflflt in him to give his Lewes, or any proceedings in them; [0 unto his people, that it was impoffible for'the‘mofi of them, to know them, read feriouflv for proof her‘mfIthe Forenien tinned page: of my E pifilc to ludg ‘Zfl’evergfor writing of which 31 my prefeut' troubles are come upon me. " But faith the aincient Lawyer Andrew have their lawes not in the peoples mother tongue;- Home, in his Mirror of juliree, chap. 7. but will have them put into Lattin,or Fren'chgthat {0 Seat. de. 3 page 2.: g. it is an abufc of the people thatare governed by them, may never‘ the common Law of England, that the came to underfiand them,‘ that ('0 their lives libel-- Lewes and enliomle: of the Realmegvhh tics and efiares may be at the will; "of thole ti a hide their oct-afions are nor put in writing, whereby they may he known,l'oas they might be home by all men. ry well obl'erves the peottle were in Will. the conques $ifim‘p'fiardiper in the book of Marterrppen this doore and we are all de firoyed; and‘therfore by any meanesfirpprefl'ezll fu‘ch‘fchooles as Henry the third did thofe {chooleegthat were in’his Jaye: {emp‘to teé’ch the maple theknowledge ofMagIm (barrage: Sir Edward [oak well ‘de lures, in the '3. page of his proeme to his 2.1m: inl’e‘itutes. And therefore itis‘that thofe-makke-bate ’ firebrand Lawyers in the Houl‘e ofCommonss have bin {'0 tranl'end'ently naive, to burneg'aml t‘ " «ulh‘in‘p‘eeeer all Inch honefi,and-jufi,petitions_ ‘55 have dcfirgd gut lame: and proceepfingsthere- 3' -*~.. ‘ , a. A ‘- . ' _, . " \ » . r: "' - an 4—. ..~\ .J . "But'jttglers,deceivers, deluders, and tyrants,- will and tyrannifeover them,(asMr. Daniel in his hifion" routs time,)and if polfible they gitxthcir pleadings to ‘ _ be in Englilh, as the people of this Kingdome ' dill 1- theirs (with much Rrugling in'Ednmrd the thirds time) as appeares by that remarkable {’taruteof‘ he 3‘6. Ed. 3.chep. re. printedin the fOllowingdifcont-fc page g 3,- ycttbe} flnurbgrfcuergd H gm, this bondage,that thgi‘r‘cdtrcyts proces, and precedingslhail‘ he in Latti‘n,"an‘d thatin‘ {u ch 1 “~ ' hamhrhat noto nelattin fcfho‘ller in twenty {hall read: them,and if any follow the command-bf? God, to teach the people the underihnding of their Lawes 3 ‘O cry the knaves and tyrants like" 4 jig, machput-mga‘afimfi #113115“ cal}: to be undflfiQOd method in the Englilh ton’ g‘i‘i e ; yea in "fine made i‘tl‘theit (lady; to 3,5th to Epowdcr the promOtets ‘of all fuch null 86 hand! tuition g” [my and that 'accothpl-ifl'cs _ " WCIY did in Mr. Iolin W zldmam cafe and mine, 'and indeed to {peak truly without fate, they! are the gramll'uPPOrW“ of all corrupt interefls in the Kingdomc, with“?Iii-lilithtfiirfiildy (o kit-9595‘ the people in bondage,_and_,vaflolage, and tbert/brc 0 )6 Common. figfimd‘g; 535,33}, 5,9,9“; lay petzz‘iderecdfl] to the Parliament; to throwthem all ontof the, Houfea's unfaveryfalthaverliOqfilid1“.e any lmm unlelfe 3‘ affifiance, MW 1 will miflmnc j; with my life,»havc been mt {till are; (to: the prefervationof their own: corrupt interefi )' no {33311 iflfirumgnts, in the by pal} 2nd patient Cubverfion of our liberties 5 and occafion of-thc blood- 1}, rd, and 13“. warre in the Kingdome‘, and the main hinderets of the granting, fetling, and accomi : gl’lllhlrng: OfihOfc many jufi and rightGOUS. things that hath f 0 often bin petitioned for to the Patli- ,antcntnhoifgft hithert’b all. in’vaine.‘ ,0 thereforc‘cm and or] m'igbmj , ‘aga‘iinfi them a ”7‘? “mm of if}? Hwfi? aiz‘d‘Cgmmon-wealtb. '- , ‘ - - ,.B'u;,becgu[¢ I have-10.9361 and flill doc,to have“ this cdllefiiofibtmfi I {hall draw” tovi'art'le1 a: wacmfimg : ”(1216th Country men here reape the benefit ofthe anfw er I' fentto the querys of fomgof my friends, mentioned in the Epiflle Dedtcgtory (which was the original! and ptintiyall qccafiqn ofmx compiling thiSbOOk) Wthh thus {allowed}. 7 By the Rm": of"WeflW”fler the fitfl, madein’thc ;. ofEdmai-dt. chap. :6. (which you mayg 5/ tfiepde verbatim ingeb: 7.x pagesoftbc following colletfiion} their are-nofiae: ducfrom any free mart ' OfEngland to M] 01393,. oj‘z’flfli“ ”bat/Dem)", [mt ,Wbdtffffl'] have Immediatly from the 1»:wa 3 “WI”? ofibt' Kingdomfor they [diaries or wagetgand iris aginll a ludgc: 01th to take an ymhofe - ‘ oath you may at large read in the tom ge following. read a‘ll'o-that remarkable page in the metro: of lame: pa; 2‘; 3. aggfor the ‘ptoofnf this,6ut cf peci ally read the marginall notes in the 59. page folloW'm inglhe that exaas anyfinl bythe formencioned fiatue pay back again twice as much 81c, but it it true by fame lattérflatqu( as the "13'.Hm-, 6- ChaP- “(J-WhiCh You may 1' eadcperbat'im in ,thel3- 19» folloni‘ing pages) and 33,. Hon. 6,. u. and 2:. He», 7.. x7.;&c.)therc'are' Tome { mall lees tobe paid, And alfo Sir Edward-.Coolgin the x .partof his tinflitutcs (lib . 3. chap. ' - £39 ftEt. 70, {01.352}. ) faith fueh reafonablefeas as have been allowed by the Courts ofjufiicc- 'of‘a'n ancient time, to inferior minificrs and attendants of Courts for their labour and attendance . ' ' if it be asked and taken cfthefubjefi it'is uo extortion. . ,But there is none at all due for cutting .and recording of H‘apperance, nor forjthe rcmovingt , inpon a Certiomry.' , t - , , . ,- , _' “Bill: againfi Str’Ed‘ward-Coolgtjopinion in thi; particular, I offerthit to confideration, that by, _ the Petition bfright the’ng himfelfe with all his Lords,cann0t jul'ttfiably lay a ' penny upon ;’ T Bar take a penny from) the meancfl man in England, without common confent in Parliament andlifthe-King “Sec. the gum cannocdoe it, then undeniably , the Iudges 0r juflicts the letfer canimueh: 1dr: doc l'e Andbgfi4¢9 by the-Jame right, that under peete'nCe of dues or fees by their?: ' ' “hm"? Wills '“aPle‘rum: th’éytakcbne fetching from you or mathcy may take a teeny. "yea, agii .- filling, ye a; pound,yea a thoufand poundfind fo adirifinitumfind- Totem]! and deftroy alrproper. rity of mum @v mum; {fee for the painter of an 33 of Parliament, the notable arguments of I ud‘g Ham» 8(- IutlgCroolre in the cafe offhip..monc'y,but efpecialy the 'Patliamentsvmcs annexe 7_ ‘cd,,torhole:arguments] for which very thing divers of the Iudgcs in the cafc~of fhip- money, were this very‘Parliament impeached of Treefon,‘ and the Brat-ups for _.makeingthcir'cmnons bythe v Kings fingle authority. to binde their 'Clcargies purges Vll§l395§ gnthogiey oflfntl—i‘emcng were {95 ,. I T '*13'ES"!¥4 sec. like 499%.??? all-shew“? 7‘72 ’0 .1;th ’ ' l ‘Ef‘it See Mr." .Natgt‘iae: his aaras’ierpéech ii ria/i’bcxnrrrd and recorded in [Turin by :17: Mar: 5f - g ‘ againfi the Biflrops'Cmnons made I 6 40 - the 36.543. x i. which y-Uu may read: in th: 1 z.fol e W and printedjaa book called Speeches and . lo-wingpnge‘ and no preeeflc is tobc‘award‘edfiut tar"- l gallrges ptl'ntedforWdI fuel; at Furnie ‘the- prefemmerptis entrcd and recotdedsirilattin; &. valsltine gate in Holborne-r64t.§ page r‘theprefenrtnem-muflj'“mention the oEénceiand fo’ 49. so. er. and the houl'e’ of Comm-ens "multthc writer procech. ascleatly appears ,inthe vote Dec. ts. 1649. ibimpage 32.8. and lall‘ forcmencioned moft oota-‘ole and remarkable In» the nature made this Parliament that: rare; fée alfo Sir, Edwarr,1lC00kV-l.cc0ntl part i'nflituts abolilhed Eccelefizfiicall luril‘dit‘li. uponthe 29 clnpmr’A/Izgmz {bdrm fol, 5.4.52“ 5;. on. , {cc V0): p165?! page 37 and-r: l1: merror oflufiice chap. ‘ t. _ : g.’ fc“&.l;divifion98. P1gC-1js303yfllfilt’lfi'fllllhét" (inltis 1; ; page d'ivlfiony r ) faith that it is abttl'e of‘the-Commo‘n Lgt‘wghfzt anxplaim is treeived .. to he heard Without fureties p:e:’ent, to tefiifie the'plai‘nt to betrtie. ' ' ‘ g. Tl'relufiices firing upon the bench, may verbally commit a mangfor an affine: lying under thetrcognizzrtce, lu: there . mull be a Mittitur ; or Commitment penned upon Record : lowingt’il'cou; l}... . _ 4e [lac lullices of peace cannot continue 3 mm bound above two or three Sefiiwus at molt,“ arid ifsthey continue him more, they may afw ell continuehtm for thirteen, and ft) for thirteen {cotefior‘ itis a vcxation, and the Lil” gives him remedxe, by an action of the cafe ,qgainfi the Inflow“, wherein theyfhall befinedto thetfiing forthe vcxation, and paydamages to the par‘ti; Plaintiff}. . t. .. . »_ ., ,e i ‘ -.5.1mIodie't-xtentForextortion,mul’t be inthe peoper County beforflheluflices .o{0ycrmér Termintrwt Iulliccrofthe peace. "r * , g .. _ .—'--: 6. Vpon an atrefi, the Officer mull declare atwhol'e fair, for what, and what muffle the prof (tile hagh, fee the Countefl'e of Rut/and: cafe of atrcfi, in the fix: p11“: of Cookes Reparts. ' i 7, For a Plea againflan Indiflment, for no: comming to Church to heart: Common Prayer-f~ ‘ ' 8(c. it is framed layout hand, in the m, 2.1,”, 3,3. page: nfmy large 1?me to 061.1431") Martin . i of the 3!. of M31; 1643'. called 7131]) Oaths; to which I referrc 'you. ‘ . _ é 8, Thougo your be‘cbmmit'ted jufi‘l‘y and legally, be lure asfoon as you are committed (if poll}. ‘ ble you can) profFer legall Baile, in perform to thofe that commit yon,but for this I wholly referee _ the Reader to the 70, 7 r , 7 2. pages of the following dil'courl‘e, in which I have given , t. fome direfiions to my Country men , how to guide theml'elves by the rules of the Law of England, _‘ , in all ordinary molelhtions that can befall them, by Knavcs, malicious men, or Tyrants, faving in thepoint ofpannil mg of Iuries upon them, in cafe they come to any trial! to, their lives, 8cc . and lumbar pOint, I doe wholly referretht Reader to the 2.4, 2.5, 26. pages ofi’my notable [task called the Refolved mans refolution (where alfo the cheats and il legallities ofCommittces»-.- pro- ccding: are anotsmiled) and to the t . part of Sir Edward Cooks l’nfi. lib. 2.. chap. t :. Sea. 2. g 49' fo. x 16, 157. and his ;.part to. 3 2.. g 3. My labours herein 1 dcfire may find a courteous accepta- ion at the hands of my oppreflcd friends and Country. men, and I have my reward, and {ball tlrereinreioyce, and be incouraged fer the future improvement of my more talent to doe them fir-r. ) . ‘theryfervicm ' f Elf-m my canfilefle mptivitz'e in the Tower of _ ‘ fi . , "ot‘ldon, #110733 now account,t_bi: [7,0f Feb," Iohn Lilbumc: ? See the 14. Harry 7. fol, 8.4'in Sir, T502171: Greater-cal}; 35C91ft)Ithc7‘3‘.PJg€Ofth€yafOl-rr" For .— .Iw. Fm- ”POI! the x 9 . of Ian .Vi'afi, the Hours odemmom Committed me “3 Paton! 3‘. their, Piiroflfl', f f” tug/0mm andfedxiaus pref} far againfi the flare. And manta the poweroftke Route 1960m- mming me ] fiooped, but at they: door: defixed to be commuted-law legal! Warrant, “bid! 5 ' their (>th Law (publiflted in Sir Edward Cook: infinutes)voccp 395_0'd*93n°931‘u Warrant. - "ofcommitmem‘: whacloevcr eugh: exPrtfiy to c'omainerheceruine' par‘txculaf. cafe, wherefgrc a ' y man ii cbmmite’ed, and ought to “flaw“ 3“ him {35317 ‘9 k“? all he be #11"er by due “er } of Law/,and fu— the full proof of this, read the 68, 69. page: ofthe following dxfcourfe, and the. I 1 x, x 3, x3 ,1 4, 1 g, Page: of Mr. John Wé-Idmz: late defence, cailchruchsTrmme, o: Trez- “ Chery anoramifed‘ ‘ , . . .. But iftchJrrang be in genera“ words,and be alfo to keep hum durfng their piezfuregaa one He by the Parliament, the rifoncr is murthe-rcd and dCRI'OY‘d by {PCh ”f ‘mPnfOflmcm R” h‘ mufl' cnhcr (hoop to their w 3! s. and fobetray his liberties and fin agamfi bits own f0:1[€,. or elf: he muff, remain: in prif‘on till he {hue and mt, before any Iudge in W cflmmfifrfl all WI" grant. him; Halted: Cams :0 bring him up to the barre of Jufiice, either to receive his pumfhmenc accordin to Law, 0r clfe his liberties as uniufiiy im prifoneé, and this made me theo her day at the Hour: ofCommon‘s,to co’ntcfi fur alegal wmtantfiefflc I "0““ goto Pr ir‘mib‘“ th" “’3'de Turkifh Ianifary,Col. Earlier laid violent hand! Upon manning me exprcflyj he “’35 nateuhcr ‘0 reafon or > difputc [he Houfcs commandgbut to obey them 38: caufed his Soldxer: to draw their {words upm “ mafia in hailing of me away by force &violcnce he fiabed Magma Charmfit the Petition of R :g' ; i~ &c.to the very heart and fou!e,& did afinuch asin him lycS, by “h?" a& 4‘3”? 3‘10!” Lanes 1 and liberties, for if authority mufi be backr with the (Word, to put 1:! execution all chm unjufi commands,then farwcll all law and lxberty forever, and accurfcd be ”‘3 d931,“ ‘th CY" the Parlia- ment raifed an Army to fight for the prcfcrvati-on 95 our lanes and It berries, If now they convert their power, and turn: their {words and guns agamfi “3 by 50'“ 95mm” ‘1‘.ng 9W hwes and liberties. ’ 0“ 5.Féb.i6 . _ . +7 - grab» Liléumel In’the third yeare of the reignof Claorler, King of ' ,‘Englana’, Scatlandj, France , and Ireland. t T the Parliament begun at Wrflminfler the leventcenth day of Merchant. Dom-16: 7.’ ' in the third yeare of the reigne ofcur mol‘t gracious Sovcraigne Lord, Coarles, by the grace of G od,of England, Scotland, Franco, and Ireland, King, Defender of “ 7W7? _ ‘ the Faith,&c. And there-Continued untill the 26. day ofltmc following, and then 9,,3)‘ (he: Prowguedunto-the 2.0. day of Ofiober now nexr enfuing : To the high pl‘eal'ure of Almighty God, and to the weal: publique of this K ealme, were enat‘ted as vfolloweth. The petition Exhibited to hts Majel’tte by the Lords S ptrttuall and Temporal! ,and Commons in this prefent Pariument aflembled, co‘ncct: ‘ sing, divers Rights and Liberties of the Subiefl: t with the Kings Majei’ties' royall aa- ' fwer thereuntofin full Parliament. To. the Kings mofl Excellent sz eflie. ' Vmbly lheweth unto our Sovereigne Lord the King, the Lord: S pirituall and Temper-2,11, Hand Commons in Parliament alTembled,That whereas it is declared aid inaéied by aStatute made in the time oi the reigne of King Ed.th firfl,commonly called Statumm de Taliogio 7m; concedentofl. That no tallagc or aidjbzllbe laid or levied by the King or bi: la 34. Ed. I. chap. 1. Heire: l3 tbisRealm85WilbWt‘be. 3904””! and afiimr oftbe ‘4er Bfioptfi . b zg.Ed.; RorfPor. B:fbops,£orler,Barom, Knigbtr, Burgrflbs, and otber tbs free men o/tbe c as. Ed. 1. 6, 1. Ed.- Commaoalt} oftbi: Realm. And by authority of Parliament holdenin the ‘3. 6. t t. R. z. 9. 1. five and twentieth yeare ofthe reigne ofKing Edward the third, 6 it is de- 1i. 3. 2., elated and imfied. Tborfrom theme/2w}: nopcrfon jbould becompelledto' ‘ make my [aunts to the King again/ibis will, becoufefucb loam: wereagoinfi reaflm, aedtbe fiancbife of the Land. And by Other Lawes of ~ this Realm: it is provided, that no»: fbould be charged by any charge or impofinon,callrd a Benevolence, nor by/ucb like charge, 6 by which the Statutes before mentioned, and other the good Ltwes and Statutes of this Realme, your Sub- ie&$ have inherited this Freedome. '1‘ hot they flzould not be compelled to contribute to any tax, wig lage,oid, or 521m like charge, nor fct by common confent in Parliament. r, R. g. 2.. 0 . Yetneverthelefl‘e of late, diver: Commiflions , dircaed to fundry Commrflio ms in feverall Counties,with infiruaions have ifl‘ued 3 by meanes whereof yourpeople have been in diversplaccs- . Eafl'emble‘d, and required to lend certaine fummes of money unto your Majeftie, and many of them upon their refufall (0 to do, bow bad on oath admioiflred unto them, not warrantoble by the Lave: ‘ or Statutes oftbi: Realm, * and have been conflrained to becomeboun _ to _. ' oaths Ex Officio make appearance, and give attendance before your privic Councell, and n unlawful Other places : and others of them have been therefore imprifonedfionfined,‘ ' * All Megiflmty in and fundryOtherwayes molcfied and difquieted. And divers ether charge: Englandisbounded by have been laid and levied upon your people in feverall Counties, by Lord rbelawtbereof. ' Licvrenants, Deputy Lieutenants, Commiflioners fotMuRersJuflices of Peace, and other: by command or direé‘tion from your. Maiefiy, or your 1d 9H, 3. 29. privie Councell,againfi the Lowes and free culiomes of the Realme. " , It ,3, Ed.3. 3, And where alfo by the Statute called THE GREAT CHARTER OB , . (1,. E'd.3. - THE LIBERTl-ES OFA ENgLAND,d Iris declared end waited, you <25 . St. 37.Ed.3;. ‘ t 8. zofree'manmtty be takmer imprifotted, 075‘ 4,1173%“! of“! Free 501:1: 0" 8t. 38. Ed. '3. 9 . ' "Liberties,” his free [ufiammr be outlawed- or'exiled,or m any matter digrayg St. 4 :.Bd-. 3:. g.:- 1, «4.13», by the lawful! iudgement ofbir :PEERS; 0' 6J ‘17: .14” 0ft” , ' St. 17: K0 2.6; *‘ '3 Ll)! . . Andin the eight and twentieth yeare of the reigne' of King Edward the third, c it was declared and enaaed by authority of Parliament, That no me of what efiate or €071- dit fair that be be,flyo-uld be put out of his Land, or'Tenementr, ttar taken, nor twprifoned, nor tit/bert- ted, nor put to death without being brought to anfwer by due proceflc «Jun. 1 Neverthelcfi‘e againi} the tenour of the faid Statutes, and other the good Lawes and Statute: of your Realme to that end provided, f. diversofyottr Sublet}: have 0/11'14‘ been imprijhrted without 47:] tank/berated: A4 And when for their deliverance they were brought before your Iu'fhces‘ by your; *mprifbnment with- out caufefiycwed it 171- ltgatVJcc alfit [oaks 3, part ire/firmer, upon the 19. cbap mag-ea (barre. T Compulfive biditittg of Soldiers unlawful], and it isvcry rib/er- oyab/c that the King at (be time oftbz's complaint bad ‘ warm with France. g 25 Bdw. 3. 9; h No mats ought to be adiun’ged but by the . rflablzjbed leaves. ,9. H. ;.29.5.5‘d.3. 9. 21. Ed 3:' 4. 2.8. £423.32 Maje’hes Writs ot’I-ltrbtar corpur,there toundcrgoe and receive as the Court flnuld order, and their Keepers Commended to certifie the caufcs of their derainer, no caul’e was certified, but that II?!) were detained bjflmr Maia? flier [ptciall (ammand, flgnified b] the Lord: 0/ your prmr’e (unwell, and ye: ' were returned back to feverall prilbns withour'being charged with any thing to which they mi 5hr make anfwer according to law. t And whereas of late great companies of Soldiers and Marriners have been difperfed intodiver: C )Ufltics of the Realme, and the inhabitants ageinfi their uib’r, have been compelled to receive them into their houiEs, and there to fuffer them to fojourne, again“ the 'Law es and Cuflomes of this Regime, Tand to the great grievance and vexati on of the people. And Whereas alfo by authority of Parliament, in the five and twentieth ye‘are Ofthc r igne ofKing Edw. the third,g it is declared and inaéted, that 710 m1?) [bard : be foreindged of [2/5 or limbe ageitrfl tbefom ofrbt Great Char- ter and tire Lita}- oftbe {ands And by the (aid Great Charter, and other the Lawcs and Statutes of this your Realme, no man night to be adadged to death, but by the Loewe: tflablifbtd i)! zbiryour Rea/me, h either by the [uflomr oftbeflme Regime, or b} afisofPa-rliammt. And w heteas no ofena'er of wbat kind/other, is exempted from the proceedings to be ufcd, and puniihments to be infliaed by the‘szes and Statutes of this your Realme:NevertheleiTe, oflate divers Commiffions under your Mareftes great 86316 h we itiited forth by which certaine perfons have been alfigned and appointed Commiflioners \‘ 1-. with power and authority-to proceed within the land, according to the In- ' {lice ,ofMart‘ia'll Lawmgainfi 'fuch Soldiers and Mart-iners,or orher dilfolute perfont joyning with _ :3 them, arfltould cbttmit any murtber', rabberie, clan], mutittie, orotber outrage or ”ti/demeanor ubae- \ ;_ flier/er, andbyfuch fummary cortrfe and order, as is agreeable to MartiaULmv, and asis and in] ; Armies in time of wane, to proceed to the tryall and condemnation offuch Offenders, and them to/ ;. caufe to be executed and put to death according to the Law Martiall, ’ ' By prCKCXt whereof fame otfyour' Maieftics Subieas havcheen by fomc of the faid Commiflioners 0') put totdeath, wire: and where, ifby the Law: dfldStatutc: oftbc Land tbty bad deferved dear/5b; the _- ' ' fame layer and Statutes aljetbe} might; and by no other 09gb: toba'ue been fledged and executed. T ‘ .. ' And alfo fundry grievous offenders by colonvrhereof, claiming an ex: . r' mam/1 larval. together unlawful! in Etrgldtzd in time: of , peace 'e/jtec‘ialq, and ' .7 ,_'Ibgrefire that Soldier fi‘fffi'fl. Rebert Lil: we.“ .. . . .m--.._~~..‘. . I ~ ,. .~~‘.. emption,have efcaped thepuniihments due to them by the Lawés and Sta. ‘ tutes of this your Realmesby reafon that divers of your officers and M: nifiers . ' ofluflicc have uniufily refiifed, or forborne to proceed againfi fuch offenders r warding-mks {We Eats? 9245.993» are.» rtcésrtss that “it {311“- ~ en or: 1;“... W . . t 'I burnesRegimtnt that <3) ~t'emlortwe?e pnnifhtble only by Martiall law; and by authority of luck In: lately [hot at the Commiflions as aforelaid, which Commillions and all other of Int: nature Reade {your mere are wholly and direftl y contrary to the {aid Lawes and Statutes of this you: Ware, was ‘meerely Realme. , y _ . ' mgrthertd. ' They‘doe therefore humbly pray your mo-fl 'Textcel lent Maieih’e, that no ‘ man hereafter be compelled tomake or yeeld any gift, loane, benevolence, The Petition. tax, or fuch like chargemirhout common confent by so ofParliamenr. And . that none be called to make aul'wcr,or take {itch oath, or to give attendance, 'or be Confinedpt Other ways molcfied or difquieted Concerning the fame ,or for rcfufal thereof.And that no Freeman, in any {ueh manner as is before menric’med, be imprifoned or detained. A nd that your Maiefiie would be pleafed to remove the {aid Soldiers and Marriners; and that'yout people may nor be fo burthened in time to come. And that the Forelaid CO-mruiflions for proceeding by Marti- all Law, may be revoked and annulled. And that hereafter noCommilliont oflrkc nature may iEue forth to any perfon or perfons whatfoewr to be executed as aforefaid, ‘ loll by colour of them any {if your Maiefiies SubieEts be diRroycd or put to death contrary to the knives and franchil‘e of the and. ~ > ‘ ' . All which i hey molt humbly pray of your molt. cxeellentMfidlfia’s their rights and lib: rtier,aé- cording to the Lawes and Statutes of this Realme. And that your M'aicliie Would” all-‘0 youchfafe to declare that the awards, doings and proceedings,to the prejudice’of your people, in any ofthe pre- - unifies, flnll not be drawn hereafter into conlequence or example. And that your Maicfiie would be alfo graciou fly pleafed, for the future comfort and fafety of your people, to declare your royall Will and pleafurc, That in [hCIlllngS aforefaid all your officers and Minillers i‘hlll ferve you ae- -" - cording to the Lawe‘s and Statutes of this Realme, Tas they tender the lac- T1411 «the ‘admim'jtm- tor: of the law, are to execute their pla. _ ct; according to the law and not other- _ wife. none of your Maicliie, and the profpetity ofthitlfingdome'. Whicb Petition being read, the {econd of lam, 1638. The Kingsanl‘n er ‘ was thus delivered unto it. ' THe King willeth that right he done,_ according to the Lawes and cm homes of the Realme 3 And that the Statutes be put in execution, that his Subieas may have no eanl'e to complain: of any wrong or opprefiion, ‘eontra'ry to theioiufi Rights and Lihertie:,ro the prefervation whereof, he holds biml'eE in confcih” cute as well obliged, as of his Prerogative. 11' And the tea/Em ”a: hetaufe in thir his firfl (mfwtr he doth ‘ not grant that the thing: claimed in the Petition at they are (all down, are the . (attics, riglttt,and li. ’ barrier of England, and/‘0 had left it in the ledger hrtafl: to have, given their Judgement: a: well again]? a: with the Petition, but his fe- But this anfwer not giving l‘atislaaionQL the King was againe petitioned unto, that he would give a full and fatisfafiory 'anl‘w’er to theirQPetition' in full Parliament. \ - '~ , Whereupen the King in perfon, upon the . feventh of I me: made this fecond Anfu'rer. ‘ ’ ' ' ' ' ' ' My Lords and Gentlemen. ' I THe mirror I havealready given you, was made with fa good deliberati; on, and approved bytbe iudgements of {0 many wile men, that l could not haveimagined, but that it l'hould have given you full fatisfaétion; but to avoid all ambiguous interpretations, and to t’new you that there is no doublenell‘e in my meaning. I am‘ willing to pleafe you in words, as well a: in fubltancc 5 Read your Periribn,’ and you {hall have an anlwer thatl am {tire will pleale you- ‘ And then cauling the Petition to be diltinalv read by the Clerk of the Crowne, The clerke of the Parliament read the Kings anfwer therennro in . ‘1 thefe words. ' A 3 Set! ‘ ‘ dcfired, isfitfl‘to the: M ‘ I _, - «u— -—— 4» u -,~. ~ ~«- 7 ., R t . _ I 4) 4’ rend anfwer, let. shit droirflzir came eff defire. Which is in Englifln LetRight be done as right be done. as is it defired. ‘ ' _ ' " : Which being done, the Kingin perfon (and thus. purpofi. ., . __ . . His I am fureis full, yet‘no more then- is granted you in my fitfi An.‘ . . .' ., . ' fwer; for the meaning of that was ,to confirm: all your L1berties:know- ing according to your own Protefiations, that you neither meane, not can hurt my Prerogative : And! afl'ure you my Maxime is, That the peoplesLiberty firengthens the Kings Prerogative, and that the Kings Prerogative is to defend the peoples Liberties. ‘ Ye fee now how ready I have fhewed my {elf to fatisfic your demands, in that fhave done my part ,wherefore if this Parliament have nor a happy conclufion, the Gone is yours, 1 am free of'it. And on the lait day of the Seflion, bring I me 26. t 6-: 8". His Maiefiies {perch t0 bath Houfes Ibcfore his RIOyall adieu: to the Bils, was this. ‘ ' My Lords and Gentlemen: . ' Tmay feeme firange that I‘ come to {uddainiy to end this Seflion, therefofC'bcforc I give my af: {cm to the Bris,I will tell you the caui'e, THOUGH 1 MVST AVOW TH AT 1 OWE AN ‘ ACCOVTNI' OF MY ACTIONS TO NONE BVI‘ (SODALONE. Iris known t'O'CVCt'y one, that a while agoe the Houfeof Commons gave me a Remonfitanee, how acceptable every man Payéudge, and for the merit of it [Will no: call that in queflion, forI am. far: no wife man can In 1 ext, ‘ . Now finee I am certainly informed,that a feeond Itemonflunee is preparing for me to take away» my profit qi‘Tonnage and Poundage (one of the ehiefe maintenance of the Crown) by ailedging, that I-have given away my right thereof, by my anfwer to your Petition. , This is fopreiud’ieisil unto me,that I am forced to end- this Seflion fome few, h‘oures before I In?!" it: beingwiilingnot to receive any more Remonfiranees, to which I- mull: give raharih- In "(to ' ' U . And time I fee-that even-the Houi'e of Commons begins already to make ram: Con {truaions of what I granted in your petition ,lcit it be wotfe interpreted in the Country, I will now make a dear- elaration concerning the true intent thereof, I _ The proieflion obeth Houfes, in the time of hammering this petition, was no wayes to trench, upon myPrerogstive, faying theyh'ad neither intention nor pow or to hurt it. Therefore it mufl needs be conceived,that 1 have“ granted no new, but only confirmed the ancient Liberties of my fubicfis : Yet to {hew the eieareneife of my intentions, ‘ that I neither repenr,not~=' meanuo recedefrom any thing] have promifed you, i doe here declare. Th1: thofe things which:- have been'done, whereby men had fome eaui'e to fui‘p'efi the Liberty of the (ubiea‘s to be treneh’t upon (wh'eh indeed ‘was the firi't'and rm: ground of the petition) (bah notrhereafter be drawn into, example of your prejudice : And-in timeto come-I (iN’THE WORD OF A KIN G) you {hall not have the like caufe to complaine. ‘ 4 - " ~ ‘- But as for Tonnage and Paundsge, it is a thing I cannot wantntnd was never. intended by youtos ashe, nevermeant (Him (me) by me to grant. . I Toeonciude, Ieommand you all that arehere, to take notice of what I have fpoken- at this timegto bethe true intent ofwhat I granted youin your petition :Bn-t efpeeial'y you 3. my Lords, '« the ludges, for to y0u oniy‘,under me, belongs the interpretation ofL'awes t for none ofthe Ho-ufes‘ of Parliament, joynt or féparareiwhnr new doftrine (oever may, be railed), have any power, either to maltepr deel’area Law without my content. ' - ‘ . This Petition ofxight, with-the foregoing ani'iver un-toit, you (hail find printtd'verbatim 3111th ’ 143-: , l 4-; a, 14 3 3 , t 434., pages of Francis Pultom eolleflion of the Statutes at large, primed, Cm Privelcgio, 16'40,'Anqunto-tbisl.than annexrdivers ofthe roof! materiaiieflf §tatutes (ortlhe . _ - . .. .-..._.. q We .. . Pea?“ - gt. ( 5’ ) pe'oples liberty, lie the thol'e that‘hav’e'not 40. s. to lay out {at the Boole of Statutes; not the? to readtt over, may for a few pence in this following Pie-apt Collefiion read their ch'iet'cl’t treedomey, that the Statute law of England gives them, which I inuB: Confflfc 9“: very tflender and illort to ‘what by nature and maths they ought to be, and lo dear: to come by,;thatthey rather {eeme bondttg ’ng "tben freedomes, by reafon of pleading them by Hackney, mercenary Lawyers, (who‘re riches- and livelyhood are got by head winking the new, and breeding firife‘and , contentions) among the People, and by the conuptions of the. ludges in all ages in execuring of them, who continually ra- ther ferve the Will and lufi oi the King. or Other great men, that helpe them to their place:, then-- the rules ofeither law, equity, reafon, confcience, orjuflice, and the mifery ofthe people or this Land it is,that there is (’0 many Lawyers in the Hot-Me ofComrnonsth-e Lawmakergthat it is avaitt thing to exPeé‘t while it is {0, (efpccially they being fulfeted t0.pl€ad «rules before Judges of their:~ own making,and being, Parliament men,they dare not difpleafe them,whieh brings in‘ a manner all- the fat 8: large grifis in Eng. to their mills): remedy or reliefagainfl: all thofe inflTtving 8t difitoy-_ ing abufes oi the law,and the eXecution thereofsand fiaves you are. and Raves you mull be, doc thc‘ bell youcan,tiil you take aparticyular and elfefiuall courfe to provide a thorough remedie for there infufi‘ctablc maladies and it my advice may be of any weight with you, I defire you ferioully to ’ read and weigh it, as {have laid it down in my former bookcs "land put it: 1‘ Efpcciall in the 2. Edition a] my Plea in (Junta .ludgtheves reprinted Aug. t i 647.. and called the £14]? mm iii/immanen- mjboalz called the re. [tiered mam refalu- no», pug; 19, 2.0. 21,1 2.. andmy epi- fileta Mr. Martin 0? the 31-. May, called rd}; ‘oztb: unwar- rantable, peg. 11‘. “28.4.8, 49, so. See "elfo England: Birth Right, pag- 30. 31. 33" 33- ' Fitz Aé.flll'.l¢&'.3 4. Be. Amcreement. 2. but in execution. and 1am lure it will cure you. But to goe on to the main thing1 intend,w hich is to give you the foregoing promil' ed eolleétion out of the forefaid book ofS-tatutes at large,1 lhallbegi n with the i 4.2 6.2.8. & 2.9. chapsof Magma-Charm, confirmed in the 9.yeare of Henry the third, which you {hall find in the {and book of Statutes, fol, 3. 4.. which thus followed); chap. .1 4;. ’ , . . How Man ofall fortrflrall be aware: 4', end by whom. 4 _ AFreeman l‘mll no: be amercedfor a {mall fault, but after the manner of the fault. And for a great fault after the greatneflc thereof, {crying to him his continement. And a Merchant likewife {aving to him his merchandife. .And any orhers villaine then outs fll‘lll be likewifc amerced, living; his wai- nage, if he fall into cur mercy.And none of the {aid amerciamenrs, ilnll be affeffed, but by the .oathzof honefiand lawfull men oflhe vicinagc. Earler'and t , _ BJI'OHS {hill norbe amerced'bnt by their PEERS; and'after the manner as” theit'ofi‘ence. Noman of the Church {hill beamerced after the'cpznti'ty of' his l‘pirituall Benefiee,but afiterhislay tenements, and after” the quantitf of hisofl‘encce 3.Ed. I. 6. ' . "‘ A St. at. Eda. 5. 'Regifl'. {0,286,184. 1 87.V.,;,. N Bluff. _ Fitz". N.;B. {.75. a. - 1H~33.32.5_g.6$. 1'0.H.6. {0.7; 7.H‘. 6a'fo. 13.39. Ed. 4. lo. 9. 2!. Ed. 4-. {0. 77.29 An; IP1415.C00kl..3. {0.2.8, 59. ~ . . . Chap. 16.!flg‘lififil)” 0/117: and Member. '. 1. (O‘thing from hence‘ {hall be given for a writ of Inquifition, nor taken of him thatprayet‘h’IQ-‘r -, quilition ofLif'e or Memberfitut it lhall be granted freely, and not denycd;5tgt. .3! Eét’l. ”‘0. .117 5133-13. Ed. 1. :9. Regiflfo. 133.134; » ‘ ~ - , :PitmLey 78. Bro. , - _ £993! 37. Co. infifo. " , £58: a. " ' , Ch an. 2.8 . Wager 0 f Law [ball not be u itbont W ink/3e. O Bailife from henceforth {hall pot any man to his open-Lanynortoaif oath,upon his 2W9 bite laying, githgug {githtull nitntflesbioight in fwhsfamee ’ " ' ‘ ‘ .‘ Eliza’s: i .1 6. Ed. 4. (0.6. Dyer [old or deferred. ’ "73e~78,‘9r. 94- 97,“ ‘ lifes bytheir office,or oflight (it A fiegifi. f0; 83. :68. one ought not to lofe life or member, and a man appealed by a prover after ' ' - *o‘utigiv'irlg might of their goods.And if the Sheriife or any orher,let any 306 at large by furety that is “ (6;- Chap. 23. Na menfballbe tandem mdtvitbout mall. Iafiice [ball to: be - fo. r 04. Cook Ii. 1. NO Freeman fhall be taken orimpril'oned, or be difl'eifed of hi: freehold, fo. 64.1ib. I 0. £01. or liberties, or free cufiomes, or be outlawed, or exiled, or any other- 3'4. lib. r l. in. 99, wifi: difiroyed, nor We will nor page upon him, nor condemne him, but by Regifl'. fo. r 86.Cok. lawfull judgement of his PEERS, or by thclaw of the land. We will fell plat. f0. 4 $6. , to no man, We will not deny or dei‘e‘tre to any man either juilice or right. Star. 2. Ed. 3. 8.18m. 5. Ed. 3. 9. Scarf”. Ed. 3. 14. 28. Ed. 3.3. Star. 1 LR. z. to. ‘ €00k1i.8 1’- 38. 19. The gEdwardthe Lfol. z . There flartllbe no diflurbauce offree Bro. AmerciatrEc-ts. ’ ,1; leflioa.‘ 9. I 1. 13.20.24. 27. ANd becaulb Eleaions oughifid be free, the King commandeth upongreae 18. 3t. 3t, 37. 37. forfeiture,thar no main byforce of Armes,n_or by malice, or menacing 3.99 4,3,1”. {hall diflurbe any to make freefilefiion St 9. Ed. 1.. i 4. [they ofé‘dward the t . Chap. 6. fol. 1;. A‘mmemcnt 1124!! be red/enable and according to . a ‘ ' , ' ‘ the a wee. ' Nd that no City, Borough. nor Town,nor angman be amerced without real‘onable caufe, and a . , according to the quantity of. his Trefpaife, that is to fay, every keeman, (aving his freehold, a Merchant faving hlI Merchandife, a‘Viliain raving his waynage and that by his or their P155215, 3!. 9. 1-1.3: 14. V. N.‘B.fo. 47- Regtl}. {0. 187, i , ‘ I he 3. Edward the t. Chap. 1;. fol. 2.7, W bicb prifonerr may be made minpemable, and which not. Tbcpmalty for unlawful! bailemmt. ‘ - _ ‘ Nd fora {much as Sheriffes, and other, which have taken and kept in prifon perfons deteéied of felony, and incontinent have let out by replevin, fuch as were not re plevifablc , and have kept, in prifon fueh as were replevifable, becaul‘e they would gain: of the one party, and grieve the OthCi‘fi? And forafmuch asbefore this time it was nor determined, which perfons were re plevifable, and ' . which not, but only thofe that were taken for the death of man, ‘or by com. Bro. Mainpiife I x. mandment of the King, or ofhis lufiices, or for the Forefi: It is provided 55. 2 8. ' and by the King commanded, that fuch prifoners as before were out- Dyer (o. 170. Fitz. lowed, and they which haye abiured the’rcalm, provers and {uch as be taken 'Mainprife 1. 40. with the maner, and theft which have broken the Kings prtfon, theeves Bro. M'ainpr'ife 54, openly defamed and known, and fuch as be appealed by provers, (0 long as .57, 59, 6o, 7 g, 78. the prover: be living (iftfiey be not ofgood name) and fuch as be taken for Cookli. ll. fa. 29'. houfe burning felonioufly done, or for falfe money, or for counterfeiting Fitz. Mainprife 39. ' the Kings feal‘é, or perfons excommunicate, taken at the requr-fl of the Bi- ' Bro Main. 6. 9. II. (hop, or formanifeii offences, or for union touchingthe King himfeli'e, 19. z z. 30. 48. so. {hall be in no wife replevifable by the-common Writ, nor without writ. Bu: 2 15!: 53° 58, 63 ,- 54. inch as be indzfled ofLarceny bfy Enqueflstaken before Sheriifes or B4925." ' ' pition, or for petty Larceny, that amount" .. teth no: above the value of I 2. pence, if they were nor guilty of fame Other ‘ V.N.B-fo. 4o.- . Larceny aforetime, or guiltyoireeeitof felons, or of commandment or TV.N. B. fo. 4 x . force ,or of aid of felony done, or guilty of fame other tre fpafl‘e, for which , the death of the prover (if he be no common theefe nor defamed) {hall 1 from henceforth be let out by fufficient furety,wherofthe "Sheriffe will be anfwerable,and that with. ' nor'reP!§Vifab 3c.) ifhc be “sherifl’wI Confiable, or any ether Baylife offee, which hath keeping, or . a w , _ . - ‘ pri on I »» (7) prifons, and therefore he wanted, he {hall lofe his fee and office for erer.And if the under Sherrie; Conflable, or Baylife offuch as have fee for keeping ofprifons, doe it contrary to the will of his Lord, or any orher B'aylife being not of fee, they (hall have three yearet imprifonment, and make fine at the Kings pleafure. And if any withhold prifoners replevifable, after that they have offered- fuflieient foray, he {hall pay a grievous amerciament to the King. And if he take any reward for the deliverance of fuch, he f'htll pay double to the prifoner, and alfo (bill be in the great mercy of the King,St. 2.7.E. 1.3.Sr. ;.H.7.;r,o~ 2.?.(9’.M.13. . . The 3.of Edward I .Chap. 2.6- fol. 30.70271: oftbe King: Ofilms jhallcmmitexto‘rmn, ‘ Nd that no Sherifl‘e nor orherthe Kings Officer, take any reward to Joe Rafi. pimfla. 31 7. hisoffice,but;fhall be paid of that which they take of the King, and he Cool! Infi. 308. b. that [0 dorh,fh-1il yeeld twice as much, and lhall be punifhed at the Kings pleafurc. St. 2. 3.11.6. x o. 4. E. g. to. _ The 1 1, 0f Edward the L Chap. 1 3- 4- 331;“: 7 6 ‘ Judgement given dgaiflfi the/aid Charter, , a 2! to ovoid. ’ Nd we will that if any judgement be given from henceforth contrary to the points of the Char- ters aforefaid by the quhccs,or by any ether Our Minifitrs that hold Plea beforc_them againfi‘the, points of the Charters, it ihall be undone and hold-en for nought. \ Chang. Tb: [aid Charter: [ball be read in Cathedral! Clue-robes twice in theycdre. , Ni we will that the fame Charters (hall be ;fent under our Scale to, Cathedrall Church-ere throughout our Ralme,therc to remain, and {lull be read before the people two times by the are. 28. Ed. 3. t. "' y Chap 4Extommunimtioa/lyall be pronouncedagainfl the breaker: of the [aid charters. ,- Nzl that all Arch Btfhops and hilltops, {hall pronouncethe" fcntence of Excommunieation a- t gain'fl all thofe that by word, deed, or co-uncell, ,doe con ary 'to the forefaid Charters, or that in any point break or undoe them. Andthat the raid cu‘rfeslbe twice a yeare denounced and : pablifhed by the Prclates aforefard. And ifthc fame Pre‘ates or any of them be [amide in the dc; nunciation of the (aid feneences, the Arch Billtops of Canterbury and Yarlte for the time being, {hall compell and diflrain Lthffl‘l to the execution of their dutyes in formeaforefaid. ' The 28. of Edward the 1. Chap. t.fol. 80. A confirmation oftbegreat Charter, axdrhe Clutter , of tbe Fortfl. ' ' ' TH it is to fay, That from henceforth the great Charter of the Liberties of England granted to all the Commonalty ofthe Realme, and the Charter ofthe Forcft in like manner granted, fltallvb'e ObrCIVCCl,ltcpt, and maintained in every point, in as ample wife at the King hath granteas renewed, and confirmed them by his Chartersnxl nd that thchharters . be delivered to every Sheriffe offing- land, under thezfiings Scale, to be read foure times in the yeate before the people in the full'Coitnty thatis to wit, the nexr County day after the Frail of St. Micbad, and the next County day after Chrillrnas, and at the next County after E tiller, and at the not: County after the Feafi of St. 1012;. And for thtfe two Charters to be firmcly obfetved in every point and article f‘Chap. 8'. and 13. (where before no remedy‘ was at the Common Law!) there fhall be chofen in every Shire Court by the Commonalty of the fame Shire,three fubflhan- ,. tiall Men; Knights, or Other lawfull, wife, and well difpofed potions which nun be Iufiiccs fi‘vorne and afligned by the Kings Letters Patents under the great Scale, to heare and determine (without any Other Writ, but only their Commifiion) fuch Plaints as {hall he made upon all thon that con:- ,tnjt or ofi'end againfl any Point Contained in the forefaid Charters, in the Shires where they be are V figned,.as well within Franchif‘es as without : And as well for the Kings Oflicers our of their pla. c’es, as for other : and to heare the Plaints from day to day without any delay, and to determine “1“”: Without “lorries tbs riskier which its new! hm 92mg}. Lars Andtrhcfm o ~ Enishfié 3‘ {405813 3. 14-. (3) Knightsihill'haye'poWer to phhilh all inch as‘iittll be attainted ofany ' Trel‘pal'fe done, contra'iy i3. 4' any point of the forefaid Charters (where no remedy was before thy the Common Law ) as before is 5., kid, by Jmpril’onment, or by ranl'ome, or by Amereia‘ment. according to the Trefpafl'e,8t c. The 2.8, of Edward the 1. Chap. 8. £01. 8 3 . The Inhabitants, ofwery Canary/[gay make cboife aftbeir ’J S lenfli 5' being not of Fee. 5*“:9- E. 2. Star; TH: King hath granted unto his people, thatrhey (hall have eleé’tion of i 'Ie-E.’3.7.z8.ad.i.: “ ‘ ' ’ lifi.Chap. '13. .x . l The :8.‘ ofEdwdrd the 1. Chap! g.fol. 8 g. What [are of perflmt the Common: ofsbire: {halls/1,43. for their Sberifls. Nd for as much as the King hath granted the eleéiion ofSherifi'es to the Commons of the Shire, the King will that they fliallchul‘e fuch Sheriers, that fhallnot chargethem, and that they fin“ not pat any Oflicerin authority {or rewards or bribes. And {uch as {hall no: lodge too of: in one place, nor with poore perfonsor men ofreligion.S_t.. g. E. a. The Statute o}Sberifl::. The 34.Edwardthe 2. Chap. 4,fol. 9r . All Lower, Liberties, and (inflame: confirmed. their Sherifies in every S.hire.(whcre the Shrivalty is no: of fee) if they . ‘ B will and gra/rit for us and our heires, that all Clerkes andlay men of our land, {hall have fihcif . V f laweglibertits, and, free Ctiflomes as largely and wholly, as they hive tiled to have the farm, at any time when they had them befL. And if any Statutes have been made by usor ourancefiorsm any cuitomes brought in contrary to them, orany manner article contained In this prefcnt Charm: e. we will and grant that {itch manner of fi‘arutcs and cgl'tomcs {hall bcvoid and frufltate for . 3 ever-more. ' p I he 34. of Edward the 3. Chap. 6 . fol. 9 z. The cur/e of the dumb 171411 5: pronouncedagainil the breaker: oftbis charter. _ ' 'ANd for the more affurance ofthis thing we will and grant that all Arch Bill-tops and Bifliops for ‘ ever, (hall read this prefenr Charter in their Cathedrall Churches twice In the year, and upon the reading herebf‘in every of their Parifh Churches {hall openly denounce accuri‘ed all rhofe that willingly doe procure to be dOne any thing contrary to the tenant, force and Cfleft of this prefenr Charter 10 any point and 2m cle. In witneli'e of which thing we have {ct our Scale to this prefem _ ; Charter,together with the Scales of the Arch Bifliops,Bifhops, are. which voluntarily have (Wow, , . that as much as in them is, they {hall obferve therenour of this preicnt Charter in all caules and articles,,a§td {hall errend their faithful! aid to the keeping thereof, are- , The I . of E’dward the 3.Chap. ;.fol. x ‘r ;. Noneflmllbe compelled to goe to war out of ' _ A , the Shire where he dwelletb: But (we. \ Iran, the King will that noman from henceforth {hall be charged to arme himfilf, orhtrwil'e then he watwont in the time of his progenitors King: of England. And that no man be compelled to g) ; goe out o'i-his (hire, but where necefliey requireth, and l'uddain comming of firange enemies into the g; Realme. And then it {hall be done as hath been pufed in times pail: for the defence of the Realme.8t.~. a7 7 gxs'E‘cl‘.3.7. St. 4.1-1. '4. r ;. 3g.Ed.3.8'. . . The 1. Edward the 3.Chap. 8. fol‘. 1' 18. No commandment under the Kingrf‘ea/ejball ' " ' diflurb 'or delayjyflire. remit is accorded andefiablilhed,that it (hall notbecommanded by the great scale nor the little Scale, to difiurh'or delay common right : and that though {uch commandcments do come, 1'; ~ In: qulices {hill not therefore leave-to doe rightin anypoint. St- 9. H. 3. 19. 5!. 5.5.43. 3. 9. 5:. R a! i i ,‘ , t - , . - ' ( 9) - - , ' t '1le 4, ofedward the 3. Chap. :. fol. r 2:, Tie authority ofjttfiico: ofAfli/‘e, 640 It deliver], ‘ ,. w an aft'cpum.’ -‘ Tam, it is ordained, that good and «Mercer perfon s, Other then of the places. if they may be found Ifufhcient.fl1all be/afligned in all the Shires of England to take Aflifes, luries, and certifications, and deliver the Gaoles. And that the faid Iullices lballtalre the Mllfes, luries, and certifications, end deliver tbc 64015 at tbe leaf! three time: ayexr,and morcoftcn ifttccdbe. Allo there (in! be afligncd . good and lawfull men in every County to keep the peace.’ And 3! the time, 3 2, Ed. 1. 30. 2.0- ofthc aflignmcntsgncntion {hall be made, that fuch as {hall be indificd or did. '3‘. 6. Fitz. N. taken by the {aid keepers ofthc Peace, {hall not be let to mai‘nyrifc by the B. (0. 3, g. x. Ed. 3. Sheriffcs nor by none Other minillers, ifthey be not mainpcrnablc by the 716. 13. Ed, 3. 2'. Law. Northat fuch as {hall beindificd, {hall not be delivetrd but atlhc 1, 34. Ed, 3. t. I g. R. Common Law. And the Iul’cices aifigned to deliver the Gaoles, mall have i 3. 7, power-to deliver the fame Gables of thofr,that (hell be indicted beforc the ‘ t keepers of the peace. And that the faid keepers {hall- fend their indictments t before the lufliccs, and they [hill have power to inquire of Sherifl‘ts,Gaolcrs, and Other, in whore ‘ ward {uch indiétcd perfons (hall be, “they make deliverance or lotto mainprife any foindified, which be not mainpern able, and to puniih the fald SheriECS, Gaolcrs, and Others if they docany thing againfl this Aft, ‘ The 4. of Ed. 3.Ch. Io.fo.l. I 22. Sherifie: é Goolersjbol arrive ofindcr‘r without 41:] thing taking; '17:»), whereas in times pal‘t Sherilfes and gaolers of Gaolcs, would not receive rhcevcs, pcrfons appealed, indicted, or found with'the maner, taken and attached by the Confiables. and town- 5 'fhips. without taking great fines and ranfomes of them fortheir receit, whereby the faid Conflables e; and Townlhips have been unwilling to takethcevcs and. felons, becaufe of fetch “mam 611375“. i and the threves and the felons the more incoura‘ged to offindflt is inoded that the Sheriffs: and Gao- g.E.r..z 6.11. Ed 4. lersfloalt' receive andfafely keep in prifon from henceforth fucb threw: andfé. fol. 4. 32. H 6 10. (out, by the delivery oftbe (”flab/er andtownflyipr, without takin any . ‘ thing for me receipt. Andtbe Indira: afligned to dclioer the G aolcfital have power to heare their complaints that will complain upon the Sheriffes .and Gaolcrs in loch cafc,and moreover to puniih the Sheriflcs and Gaoler: if they. be found guilty. ‘ , . The 4. odeward the 3. Chap. 1 4.101.122. A Parliament [baa be bolder: out: every yeore" q 17‘ch is accorded, that a Parliament'ihall be hOIden every year: once, and mm: often if need be.$tat.;6.Ed.3.10. . -‘ ‘ i 1 The r 4. of Edward the 3.Chap.§tf01. t 3 ;. Delay“ ofiudgtmeetin other Courts [boll be r-cdrefl‘ed V, in Parlidmttt. ' ' i . Tm: becaufediver; mifchiefes have hapncdfiorthat in divers places, as well as in c Chancery .‘f’. as in the Kings Bench,the common Bench, and in the Efch‘i‘quer before the lufiices a 13 [and é other Iuflicet to heare and determine deputed, the judgements have-been delayed, fotnc ' J difficulty, and fomctitne by divers opinions of the ludgea,‘ and fomctime for fame Other can t is -afi‘ented,ellabltfhtd, and accorded; that from henceforth at ever} Parliamentfiall be cbofm a term, ,, _ a two Series, and mo Barons, Dbftb 17ml! ‘ have “infill?“ “dPal'” ”It” e , u'H- 7, fb. 19.& 22.. King, .tO heare by petition delivered to them, thccomolaints of all chore, r Ed. 3, fl, 3, that will complain them of limb delaycs or grievances done to them. and they (ball have power to caufe to come before them at Weflminfier. or elfi: 7 Where the places of any of them {hall be, the ten or ofrecords, and proceifcs offuch jud-gcdlcnti fa _ delayed, and to caufe the fame Iufiices to come before them , which {hall be then prefent tco heare‘ their caufe and rcafons offuch delay es. Which caufc and reafon (o heard, by good advice ofthcm. t Jilin: Sh? Changslloflreafugcr, 91‘? In?!“ 0‘3“ 0.9% E9843 911.4 0W“. 9‘1“” ““4 “h" “‘1‘" Kings ‘\ (to) Kings 6‘3““le "fimml’i andfnch 3‘ the? flu“ think: convenient, {hill proceed to takea good-‘9 accord,and make a good‘judgemenrfind according to the'famc accord [0 taken, the tenor or~ the {aid - » “carattogethcrw'uh tth'udg'emcm which {hall be accordcd, {bill be remanded beforerhe lullicgafl; ‘ before whom the plea dialdepend. And thatthry hal’tily got: to give judgement according (Och: fame- ‘3‘; record, And in €85?“ f6€m§£h toxhem, that the difli-cultic be in great,rhat it may not well be deter. f ‘; muted, with out affent ofthe Parliament, that, the {aid tenor or tenors {hall he brought by the {aid ,l' ‘i’relatestsEarlesyand Barons unto the neerarliament, and there {hall be at Email accord takenmhap " judgement ought to begiveninthjs cafe. And according tathfs accord, it {hill he commanded to. the w 4, Judges; before whom the plea d‘ld depend,that.t.hey {hall proceed to give judgement nithout delay, ‘ s Antfto begin to slot: remedy upon this orclimnce: It is allowed, that a commiflion and power {1111] , be granted tethc A"ch~Bilhop ofCCrnterhuty, the Earles of Arundcll, .and Huntington, the Lord 0‘ Wake, and the Lord théfe‘BaflEr, to endure till the m xtParliamen‘t. And though the mmiilers have made an oath before this ttme, yet'nevcrtheiefl‘e to remember them of the fame oath : It is of. feared, that as well the chancellogrrcafurcr, keeper oftheprivie rule, the Iufliccsofthe one Bench 1 and oftvhe other, theLChancellor, Barons ofthe Efclttquer, as the lufiices afiigned, and all they thlt ‘ g doe meddle in the {aid places under them ,by the advice ofthe {rm-:- Arch-Billwp, harles; and Ba- '- ' eons, {hall make an oath wellmd lawfully to ferve theKing and his people. And by the advice of r l'aid Prelatefiarls and Barons,be itaordzzined to incrcafc ;hc number omeifit 1-5 when mcd (113le, '- _& themtodiminifhin the fame mannerfind lb from time totime when officers lhal be ntwly put in thefairloffices},p-ghe:yfhnl be Mom in the fame maner, Sr. 27. El. 8 chill. f0. 1 7. Rafi, Fla-{0.301 - .. » The 04th: oftbc ”flirts, bring madc‘Atmo, t 8, Ed. 3. e’r'Anno Domini I 314.f0l. x 44. ‘ YE {hall{nitrate1 that well and lawfully ye {hall fetvc our Lord the Klnz—z , and his people in the office ofluliice,and that lawfully ye {hall counccll the King in his bufincfié, end that ye , (hall , not councell, nor went to any thing,wh-ich may turne him in damage or dilherzion by any matter, ‘ Way,or colour. And that ye llnll nor know the damage or dilhsrifon of him, whereofye (hell no: ‘ caulk him to be warn-ed ,by your felfc, or by Other, and that ye {hail doc equal! Law, and catecution off-tighten all hitl'ubjeéts, rich or poore, without having regard to any perfon. And that ye'talt-e not By. your Flem'by other prively nor apartly, gilt nor reward ofygold nor filter, nor of any other '- ‘; thing which may turne to your profir,unltfl‘e it be meat or drinke, anel that ofl'mall value of any man that thallhave any plea or procel'fejhanging before you, as long as the fame procclfe lhall in be hangingmorafter for the fame caufe.And th‘it ye take no far, as long as ye {hall heluflice, nor robes of any mangreat or {mall,but of thclfilng hr mlhlf. And that ye give none advice nor councell to no ~ man great nor fmall, in no cafe where theKing is party. And in, cafe that any of what date or, ' condition they be, court-before you in your frfli ins with force and armes, oratherwife againll [he ', . r ,p’eace, or tagainfi the fame ofrhc Statute thereof made,to diflurbexecurion of the contmon law, or p. _ Z: tomcnacc th‘! peeple, that they may not purfue the Law, thar yee {hall .;. 1 “AM 3.3-. , . carrier-heir bodies, to be arref’red and pot in ptifon. And in cafe that be m » . .. .- Inch, that yea-cannot arrefi‘them, that ye terrific the King of their names, 25 an their milprifit‘on h-afiily, To that he may thfirof ordain a convenableremedy. And that ye a; j; by. your [elfe nor by Other,- privily nor apertly, maintain any plea or quarrell hanging in the Kings , Court-,0: elfewhere in the countryAn'd that ye deny to no man common right,by the Kings letters, '- not» none other mans, net for none other cat-aft, and in cafe any letter: come-to you, Contrary to the , lent/hat ye doe norhing bjfuch letters-,btu eerti tie the King thercoF,., and proceed to execute the , JEN, norwithfiandingthe lime letters. A‘nd'tl‘lafl yee (hall doe and procure the profit ofthe Kingfiimf _ 'of'hisCr-own,’ MIMI! things Whtfcye may‘reafonably doe the fame. And in cafe ye be from hence. f ‘: forth found-in glefault in any of the points aforefaid, ye {hall he at the Kings will of body, land and 8900‘“: thstmf W b! vdqngas {lull pleal'e him , at Goiyouhtlp and all Saints... ‘ I” ‘ ”\u‘m- luv.» . 1 ,. ... , , ,_~ a- »c. -.. .--.- .,..--u-».~,~. _»,.», .ymiuu— - v,;_t..,,,,,_,l. \mm C t!) ‘ » The 20. oi'Edwardtbt 3.01:9. I. r51... 5. Tie Iufiitc: of bothe-tttlver, 4517:, the.) F flnfl do: right to all me», take no fee but of the King, t2" give cancel! where . , _. tbtKjttg isparty. _ ‘y Itft, we have commanded all our In flices, that they {hall from henceforth doe equall Law and exe.‘ l ,cution ofright to all out {n bjeétr rich and poore, without having regard to any petfon, and with- out omittingt-o doe right for any letters or commandement, which may come to them from \us, or from any other, orby anyothet caufe. And if that any leeyrs, units, or commandements come to the Iul’tiees, or to other depttted to doe la'w and tight, accor ingtotheUF-age of the Realm, in difiur. _ bance of the Law, or ofthe cxecutibn of the fame, or of right to the parties, the Infiices and Other,- ' aforefaid {hall proceed and hold their Courts and procelTes where the pleas and matters be depend- .2 1 ing beiorerhem,“ if no fuch Letters, Writs, or Comandements were come to them: And they ‘ ' {hall certifie us and our Councell offuch Commandements, which be contrary to the Law, as afore iSEaid. And to the intent that our luflices fltould doe even right to all people, in the manner afore- fiaid, without more favour lhewing to one then to another, we have Ordained and cattfed our {aid jufiiees to be fworne, that they flull not from henceforth, as long as they (hall be in office of [office take fee nor robe of any man, but of our (elf, and that they {hall take no gift nor reward by them- i- felves, nor by Other privily nor apertly of any man,that bath to doe befme them by any way, except- tneatand drink, and that ofi'mall value, and that they (hall give nocouncell to great men or: fmall, incafe where we be party, or which doe or may tench u: in any point, upon pain to be at our will, body,Lands,and goods, to doe thereof at {hall pleafe us, in cafe they doe contrary. And for this cattle we have increal‘ed the fees ofthe fame our lufiicea, in l'uch manner as it ought real'onably to a . fuffice them. St,z. Ed.3 8. St. I x . R. 2.. to. Regiflto. I 86. . ' The a; of Edward the 3. Chap, 8.fol. t 15 . Non-e154}! be bound to find net: afar/titer, but 5} tenure or grantby Parliament. ' ‘ , . I'Tem, it is accorded and aflenred, that no manflull be con/framed to find mm afArmtr, hoblers nor Arehers,other then thofe which hold by inch fetvices, if it be no: byycotnmon alien: and grant ’ ‘ madeinParliament,St 1. Ed. 3. 5.5L 4. H”, 12., . ~ ‘ The :8. of Edward the 3. Chap. 7. £01,172. N a Shuffle/5211’ continuez'n bi: ; 5. ' ofiite above one were. ’ g. l't’m ,it is ordained atd ellablilhed, that the Sherfl‘e of the Counties {hall be removed every year: '_ - "' ' out of their office 5, f0 that no Sheriffe that hath been in his office by a yeare, I a. 1-1.7. fol. 5. {hall abide in the fame-office the year next followmg. And that no commlflion ' 2 bt‘made to. him thereof, or renued forthe lame yeate following.St. x 4-8. 3 . 7. 31.. E d. 3. 9. £3.11. ' ‘ 6. 3tflafl.pl.fb. 2.02. ‘ » ‘ Q . ‘ “3‘5, , . . _ . -_x..- . _., l The 34. of Edward the 3. Chap. 4.. fol. 1,80. Whatfort ofpeop/e {bail be returned open every Int}: ‘ y- . Tam.- beeaufe that Sheritfes and other minifiers often doe array their; panels'in mane: of )nqucfis ‘ of peopleprecnred and molt far affront the Counties, Which have‘no knowl’édge‘ of the deed ‘ whereof the Inquefi {hall be taken,it is accorded that fit?!) pan-eltfbal be made oftbe sextpeoplembttb ' c fidfllmt befajfieft’ nor procured. And that th'e'Sherifi‘ce,’Coroners, e and other minilfer‘s’, which doe: ; agai‘nfi the fame,fbafl be puailbtd ire/ire tbe lujlicet that take thefaidinguefi, accordingto the quan- tityof their Trefpafl‘e, as well againfi the King as againflthe partygtbr the' quantity of the damage ' .whiehhe hath fufl‘ered in fuel} maner. St. 3 X.Ed- I. St. ~18. 513.11.,9. :0. Ed. 3 .6543. ’ Ed, 3, l p ; Regifijo. I78.chifi.pla. fo. 1 x7. , _‘ , a , '- . - . r \ ' =‘ B 2. - ' The, . ‘ ( I 2 )‘. 34% 3 5’ 9f- ;- at.” 41d thfl; gthap. 10. fol. $6. .A'Parliamntfba/l be balm 0:15:11: aim”; rem, Fer-the maintémncc o‘t the'led Articles and Statutes andrcdrifl‘e ofdivm mifcbiefl- dfidgrie- n were; 2763?}: daily happen, a Parliament {hall be haldcn every yeare, as an other time was ordained o byaStatute. 3&4 Ed. g. :4. The 36. olEdwardlbcgl chap. I 5. (ol. :87. Pleasfballficplcadedin the Engléfl; fatigue and“: all rolled in Latina, Tm, btcaul'cit isoftcn {hewed to the King, by the Prelats, Dukes, Earles, B‘arohs, and‘ all the ,, .; / Comminalty,ofthe great mifchicfes which have happened to dxvers of the Realme, becaulc the Lanes,Cuficm<,andg8tzttttes of thtsRcalme, be not commonly hnldcn and key: in thefame Realm {01' ‘53: thty l3: pleaded, flifWC‘d 8(jutlgcd in the French tonguemhith is much unhnuwn in the laid ‘ realm, [0 that IE 2 people which do mpkad 0r be impleadedt‘atbe Kixg: Court,and in the Court: aforber baw no knowledge nor undezfiandmg, ofthat which is 13id,for them or againfl: them by their Serge. » 5 ants & ether Flanders: Andthat realhnably the {aid Lawes and Cufiomcs the tathw thal be PCtCCiv. ed and knotm 8: better hndcrfiood in the tongue ufd in the {aid Realmfit by {0 much every man of ‘ the {aid Realm may the better gOVCIfi himfelt wnhout offending oftheLaw, and the better kcepc, ~ :1 fave,& defend hisheritage and pglfliffinns : and m divers regions and countrycs , where the ng, , . .1. the Nehles; and other ofthe laid Realm haveheerr,good governance arid full right is done to every perfcn, becaufc that their Laws: and [gt/fame: be learned and ufedirz tbe tongue oftbc Country: The King defiring the good governance and tranquility of his people and to put out and cfchew the haunts and mifchicfs which do or may happen in this behalf, by the occalions aforcfaid hath or. ’ dained,_and eflablifhtd, by the afl‘cntafoufaid, that all Pleat wbicbflm’lbe pleaded in (my Caym- ' what/5w" before any a; bi: lufllm what/”omen" in bi: other places, or befbre any osz's swarming/fer; ”bat/own,” in the [on rt: andplaces oj’aey other Lord: ubatfivcver, wit/yin the Realm, {hall be M's; Jed, flawed, defendedmfljwcred, debated, and z’udgtd.in the Efigh'fl) tongue, and that tbcy be entred and .. .- 5 broiled in Latina. And that the Lawes and Cufiomes of‘thcfsme Realms, Terms: and Pro. , _ , . . cellesbe holder) and kept,as they be and have beembefote thistime, 'll'. 461ml. 2.50; at. Dyer (oi? and that by the ancient tearmcs and forme: of .Pleadcrs,no man be . 99,‘Cooke li'. 8.€o. I 63. liJO prejudiced, {'0 that the matter of the 35mm be fully (heuved in the De; ‘ f0, 13;. Coinfi. 304.. t ' ‘ claration and in theWrit. And it is accorded by the alfent aforefaid, ’ that this ordlnancc 8: Statue of pleading, begin and hold place at the fifteenth ofS. Hillary sex: coming. _ _ . ~ . The 37. of E dward the 3. chap. 18.fol,190 The order ofperfumg a Suggeflwn made to the King.‘ 1T6", thetigh it be contained in the great Charter, that no man be taken or tmptil‘oned, nor pucout , ofh‘i: freeholdgvithout prdttflh of the Law,nevcr the I: if: divers people make falfe fuggcf’cion to the ' "at ' ' Kinghimfelfc‘ as wel for malice as .othemifgwhcrcof the Kingis n. 9. H_ 3, z 9. often grieved , and divers ofthe Realm put in dangc,:againfi the] formcoftht fameCharter: Whetcforcitis ordained,that allthey N’s : whichmaltc fuchSruggeRioti-ifllall befent with the fame fuggefiions, bcfilre the Chancellor, Tree/“ref and/bi: Emmi Cognfillfindthat twilhfl.‘ fipde -fur.ety;to, purl‘ue their fuggcfiions,’andincurrethe‘ j’ ‘ f fame paine that the other {hamld have had'it he were maimed, inf 51,33, 15.4, 3.9. l ' .. & cafetbatbi: Saggefiioa'btffaund will. And that then proqclfegftkc“; , Law bemade 0347:]? than without lacing taken dud mpnflmcdf'. a; -' againfi the {6311 .Of Ill? Md Charter and'other Stunt-ea, St. 2;. Edward.- 3. 4. 4:. Ed. 3. 3, The, 4: 05.354?” .. , l . . - ' " ' ' f‘fl: And 4 "Peale of tbofi SW!!!“ ”’4‘ I" “we” ‘1’“ contrary: ' - {Wink 7“" 0‘ his WSW-33 It [535°11th 3nd gtcordgd . Ihat the greatChatter, and‘rhc Chat-”.1“ ‘ AT the Parliament ot‘our Lord tbeKing, holder: at Wcflmin/ia' the lid! day of May, the two and , - tct» " We???" t “ ' --—-".»:r-.__mp.u- «.__— e-vflzra w;- t v.2 - , w t‘ _ ' ' A ~ -\ -' ". x "n“ <'. t, . V. v if!” .. fl 2‘ .95. A «www- :. . . «t V 1‘ ‘,__ 1.3‘ t d the 3.Chap 1.1.509 3 A confirmation aftbe great Cbarter,4nd tbc Charm ojtbe pt, , .5 4M;- (1;) {er ofth: Forefi be holder) and kept in all points, and ifwiy Stdtate be Merle to the eohtrdr), . 1'54; ,‘ , 117311125 bolder; for mm. ~ ‘ g "The 8, ofKicbam'ibe z.Chap. 2.‘ fol. “7. No my ofLm/Yaall be aleflicc Offi'flift," 6451‘“ ' i v '1 ’ . delivery in bi: own Ca'merj- ‘ ~ . K‘ i ‘ TM,“ is ordained and ei‘i‘eiiteti, *' bamo mm af‘Law 1794!: be from {pension}: Iuflz’ee ofdfli/‘esmr '7" . ‘ ,4] 59910203 deIiveramee/ Genie: in biraw/z Country. 'Andvrthlt‘ chechiefe 1' ufiicc of the common Bmch he afligfied amongi} other to take fuch AHil'es, and deliver gaolc5.buc as to the chiefelu- ace o.‘ the Kings Bench it {hill 6e,=s for the mofi part of anhuudred yeare: lafi paflwas wont to bedone,5t.13.H-4 1-33.1‘1‘8o 1-4- ‘ ' I , The 3. of‘Ricb-xrd the 2. Chap. 4. fol. e r 8. The [enaltie if}: ledge or Clem-{e make my falfe Entry; ‘ rat/e a Roll, or clnge a verdiéée I . : “1‘ Tem,at the Complaint efihe {aid Communalty made to our Lord the King in the Parliamentloe _ 1:th great ditherifon in times paft was done of the people,and may be done by the tan: entring of Pleisxafing of Kollcs, and ehmging ofverdic‘ts : It is accorded andaflented, that if any Iudge or ,Clcrkt b: OffL ch default ((0 that by the fame default there cnfiieth diflierifon ofany oftbc par- ,, _’ 'gks’) {officicmly commit} before the King and hi 5 Connect! by the manner and tonne, which to [V the fame our Lord the King.and hisCouncell {hall feem reafonable, and within two yeares after ‘ fuch default made, ifthe partie grieved be of full age, a-ndifhe be within age, then within two»; years after that be final come to h l s ful age,beflmlbe punifleed by fine and ranfime at the King: wilflrrei . flfigfig the pmrpAnd 2:8,") the refh’turion’of the in} entanee'defired by the faid Commons ,the party grieved {ball in: by Writ or otherwilé according to the Law, if hec fee it expedient for him, 'Qt.8 11.6. n. , _‘\’7W'7 The n. offlidmrd the 2. Chip. to. (01.33;. How may Iuflieer offleace there [ball be in (very « Count) : and bow often tbljjbdl keep their Seflians. ' ' ITem, it is ordained and agreed,that in every Commiflion of the luflices of Peace ,tthc {ball be ~ ifligned but fix hifiiccs,with the Iuflices ofAffifes,and that the fzid fix Iufliccs {hall keep their: ‘1..‘Sefiionsin every quarter ofthe yeare at the leait, 1nd by three dzyes ifneed be3 upon pain to be [mum-zed according to the difeietion oi the Kings Councell, at the fuic ofevery man thatwill com: plain: Andrhey flnll inquire diligently among ether things teaching their offices, if the {aid Mas - ‘ jute, Bailifes, Stewards, Confiables and Gaolers have duly done execuriOn of the [and Ordinances dffti‘vams and labourers, beggars and vagabonds, and (ball pumflr them that be punifhibl'e by the 'fiid‘gaine’ ofrm hundred (h ilings, by the lame paine, and they thatbe {0qu in default, and which ,, g be not puniflubl‘t by the fame pain, flnll be pun‘iibcd bytheirdxfcretion. Add every aftbefiidIu/ii- ,- " . ecsfii all take/er tbeir wagerfiaitrefidlz'xgr Tebc deyjar the time Wbeirfim- 1" 3‘16.Ed. 3', x z. I 4. [aid Seflion: and their Clerk: two 1711'!!!"ng aftbe fine: and 07210765477168“, rifirlg' ’- R: 1‘2. i I. See alfi} the and comming oftbefame Sefliam, by the bead: oftbe Sherifls. Ahd that thc' 3!?!“ qi‘tbe 'CIerke of Lords offranchifés, than be corizribucary to the {aid wages, after the rate of. ’ ‘ peace, in the Sea- their part of finesand dmerciamentsaforefaid. And that no Steward of any .. lefty 1-1.8, r 6. Lord be affig’ned, in any of the {aid Commiffions. And that no aflociafion ad's. Eliz. r 2.. and {ball be made to the lattice: of the‘peace after their firfi C omm'imon. And it ififiliz. 2.5. is no: the intent of chi: Statute, that the lui‘t‘ices of the one Bench, or of » .4 e A ' . the other, nor the Serjeants of melanin cafe that they [ballbc mined in - (fieffaid Commiflionsfiull be bound by force ofithis‘Statutc, to hold tbefaid Seflions four: times»- ,_ ‘ ‘yéare,'as the Other Commiffioncrs, the which be continually dwelling in WC CWM’Ya ‘5‘": := yihall doe it,when they may befi attend it. ' ' ' _. J _ . .. ~ ' ‘ : ’ - The" ' ' “ I 43 ' ' ‘ : flier 3. of Richard the a. Chap.6. fol. 225‘ How may sericam: at Arms thereflmll be, mad f f ‘ ‘ ‘ with what things tbeyjballmdd/e. . . - . . r v Illa», at the grievous complaint madeby the Commons to our Lord the King in this Parliament, of the exceslive and fu’per‘fi’uous numbn- of Scrjcants at Armes ,and of many great CXfortlonS and oppresfions' done by them to the people : The King therefore dorh will that they {hall be difchar. 33d. and that of them and other there ihall be taken of good and {officicnt perfons to the number of thirty. amino more from henceforth. And more over the King prohibiteth them to meddle with any thing that toucheth nor their office. And that they doe no extortion nor oppresnon to the pea; ; P15311530“ pain to 10056 their office , and to make a fine and ranfome at the Kings pleafure, and full, fatisfaétion to the party. - - ' ‘ ‘ The 2.0. of R than! the 2. Chap. 3. folio 2.4;. Na manfballfi: upon the Bench mrb rbe ~~ luflitc: ofAfli/e. . ITem, the King doth will and forbid, that no Lord, nor other oft'n e Country. little or great, {hall '(it upon the Bench, with the Iuiiices, to take‘Asfifes in their Sefli ms in the CounticsofEnglaud, .- upon great forfeiture to the King : and bath charged his (aid 1 uftxer s, that th ey {hill not (offer the the contrary to be done. . i ‘ The a. of Henry the 4. Chap. 2 3. fol. 2.5 g. The fee: oft/2e Maifhtll oftbe Met/ball- __ fey ofrbc Kings boufe- _ , Tam, whereas the Marflnllof the Matihallfey of the Court of our Lord the Kings houf'e, m tbs time oijzg Edward,grandfather oi our Lord the King that now is, and before was wont to take the fees,which doe hereafter follow, that is to fay, ofevery perfon that commeth by Capiarto the {aid Court, foure pence :‘and if he be let to mainprife till his day,two pence more : and of Every perfon whichis impleaded of trefpafl‘e, and findeth tWo mainpernors to keep his day, till the end of the plea, to take forthat caufe two pence of the defendant: and of every perfon commi tted to pri: on byjutigement of the Steward, in whatfoevet manner the fame be, fourc pence: of every perfon delivered of felony, and of every felon let to mainprile by the Court fourc pence : which fees were wont to be taken and paid in full Court, asthe King hath well perceived by the complaint of the f aid Commons thereof made in the {aid Parliament: The fame our Lord the King, to avoid all f uch Wrongs and oppresfions to be done to his people, againi’t the good cufiomes and ufages made and nfed in the time of‘hi: pmgenitors,by the advice 8: afl‘enr of the Lords Spiritual 8: Temporal,& at the flipplication‘of the laid Commons hath ordained and efla bliflied.,tha-t if the (aid Marfhallor his of. fleets, undetthim, take orher fees then above are declared, that the fame Marlhall and evetYthi! “fiffiCC'r‘éfinll loofc their Offices, and pay treble damages to the party greeveti, and that the party ', greeted havehis fuit before the Stewards of the faid Court for the time being. , ' y - , Alfo it'iét‘. ordained and cflablilhed, that no Servitor of Bill: that beareth a flag": ofthc {and " Court,.fhill tale: for every mile frOm the fame Court to the fame place,where he fin” do his fer-vice ‘ I 19y more then one pen-nymnd ('0 for [smiles twelve pence, and for to {me a Venircfirciar 1 LI”. mmcr, &c. or a Di/i‘riargar out of the fame Court, the double. And if any of the raid Servitors of “ Bills doe ‘hc contrary, he {lull/be punifbed by impril’onment, and make afine to theang after the Q5. difcretion of the Stewards of the fame Court, and allo be iorejudged the Court, and the fame Stew- p atd {hill have power to make proclamation at his cumming to the faid Court, in every Country from t, time to time oh“ thc articles afarefaid, and thereof to execute punilhrnent as afar: is laid. 9. R3 5'. .5. The ‘4 of Henry the 4.012;). 23. fol. a; 9. Judgment: givenflgall continue until! tbty [ball 9' . _ be reverfid by ‘atr’aiut or errer. . ' , 17%;, where as .well in plea reall-as in plea perfonall after judgement givcninthe Courts of Our 'L. LOVd thc King. the parties he made to come upon grievm‘s pain, fometime before the King hirn-E lelfifometime before the Kings Councel'l,and {ometimes to the Parliament,to anfwer therofof new, 1 ’ ' 20‘ 7.7 ~ , ,___ »- — _j‘ ‘ to the great impowrifhing of the panics afgrcgagl, and in the [obverfion ofthe Co mmonlattt of the ' i , [and 3 it Is ordained and cflahlilh‘cdfihat afterjudgcmEm given in the Coast!" [9. H 6 {0-79 Dyer Offil‘lf LOrd thc King, [he P3MiCS and {[153}- !2 tires fin” bC thercdfinmeC. if”? 3! 5'3 3 ‘- 3356' until! the judgemcnt be undone, by attain: or by snot, xfthcrc be cnors,3s , hath been ufcdhy thc Lanes in thc time of the King progenitors. The {OEHCWJ [he 4. C53?“ 7~ {01- 26! . lt/Iull be felon} rp car out the tongue, orpull am the eye: ‘3'“ ‘ ' ' . ‘ ‘0/ tbe Kings licgt profile. _ ‘ Tm,bccattl'c that‘many “gilldCTSdOC daily lit-at, Wound, impril'on', and maimc divers ofthe » Kl“? “9236 P6091", and ‘fftl‘ Purpofcly cm their tongues, or pu: out: their eyes. 1; is ordained and ; 335mb“; that in {Ml-‘1 cafe :h‘s offirndcrs that (is) cutmh tongues, or puts out the eyes of any the ~ Kings “‘8‘? Pcol’ka and [hit duly proved, and found, thatir-uch deed was don: oimalice prepenfcd, I~ \ they {hall man this pain of felony. _‘ . \ ._ _ The s. of Hem the 4.. Chap. 10. fol. 26 g. "Iufi‘éce: (if-peace flyall imprifm arena but in ‘ i ,. lb. L'ommozz Gaot’a. _ . ._:! Iran, becaufi: tl‘iQEleCz-g ConfiablssofCaflles,within the Realm: of England be asfigncd to he , I lufliccs (lg-”€303: b'y‘ C'Ommisfibn ofour Lord the Kingfind by colour of the Laid commisfions William P3013“? c0 whom they heat: will will, and imptifon them withinthe {aid Caflles, till they have made Em: and ranfomc with the {aid Confiablcs for their dclfircrancc: C001! 1i. 9. lb. 119. his ordained and cfiab'lilhcdghat none be imprifoncd by any Iufiicc ofthc .- P face, but only in thccommon G 2016 : Savingto Lords and’ozhcr ( which have Gadles)thcir francfitl'ein this cal}. ’ i r- NOW “mes in (cm: 5mm!“ CFP-alpablc Bondage, abom chufing Palliament men; &'c. The Edit! (11.1115ch yc'“ ‘3 {he " 0f Hm"! the 5.013? 1101. 174 What/art of" people flyali be ' tbofi'n: and wboflm‘l be the (bog/‘2’” offbe. Knight: and Burgtflés. ofgbe I . Pariiammt. , i Mi, that th Statncs ofthe clec'iion of the Knights ofthe Shins to comcto the Parliament be hols- - ' ' id"? ”id kcPt in all poinfs ‘-' adioyning to the fame, that the Knights of the Shires, which from i" htflcciorth (hail b: Chore!) ill every Shiré‘, he not chofcn unlcffe they be rcfia‘cnt within the Shire filter: they {hall be chofcns Elm day ofthc date ofthe Writ of the fummons oFthc Patliamcnt. And ‘ . that the Kai hrs and Efquircs, and other which {hall be choo’fcrs ofthofé ‘R‘lfi-‘PL f0- 44-5» Knights ofthe Shires be alfnrcfident within the fame shircsin manner. ' and forms as isaforcCaid. Andmcreovcr, it is ordained and cfiablifhcdghac flit-Chums and Burgtffcs 0f the Cities and Boroughs be chofcn men, Citizens and Buigtzfl‘cs reli‘. ‘a‘fitgdwcllmg and {meal tho fame cities and boroughs, and no other in my wife. 7, H. 4,. :5, 8.3., :9 6.7. Io»H~\6. z. 8.1-1.6. 15. - _ . , . »' .7 The 2.. of Henry 5... Chap. 1 3nd 3 . fol. 2.8 2.. What/hr: ofmmflyall be Iuflict: of the Peace; ,éf‘lrfi, that the lufliccs of the peace from henceforth to be manic within the Counties of EnglanJ; h allhal'lhc made of mail fufficient pcrfons dwelling in the fame counties, by the advice of the Chan- 3 1»; , cfllor 30d Ofthc Kings Councdl, without taking other pcrfons dwelling in foam Counties to ex. 1 ‘ W “ ecutel'uch office, except tthorcls and Iufi‘iccs of Affifcs now named, and , 9’57“” 3" 16' 34-Ed- ‘0 be named by the King and his Counccll. And except all thcv‘Kiagschicfe ; 3"“ 1' :' Stewards ofthc Lana and Scignioric: oEthc Duchie of Lani-311a, in the i ’ " f "* Nosth parts and-in the South, forthctitng being. 13.R, 1,. 7:, ' " $4532: L; ’ . - - _ ,. i g i? i Cha 7 ‘3 . ‘i ‘ L P. :14 .’ I . . ‘ I I, 4 .._._v-‘ .———-w ‘.—‘.. w—*. _._v ' Rafi. pl. {0. 1‘17. _ , all charges ofthe fame, ('0 that it b: Challenged by the party, that any {nth _ . l 16 ) . , = ' Clasp. 3. WWW cffate ibafe Iuror: ma}! be,wbicb are to page touching the (if? ofman, plea reel], an. .3: ' ' forty mar/gr: damages. ‘ 4 f; IT'em, the King confidering the great mifchiefes and dilhetil'ons, which daily happen through all" : the realm ofEngland,as well in cafe of death of a man, as in cafe oi freehold , and in other cafes ~ v by them which pall‘e in enquelis in the {aid cafes, which be common lumrs and other,that have but, little to live upon, but by fucb inquefit, and which have norhing to ionic, haul: of their {alle \ ‘ oaths, whereby they offend their confcicncc the more largely : and willing z. H.710: 13. I O. thereof to have correfiion and amendment, hath ordained and efiablilhcd H.7.fo. I 4.. 9.11.1. by afl'entofthe Lords and” Commons aforefaid, that no perfon (hall be ad. f0. 5'. lo. H. 6. (o. 7. mitted to path in any enqu<fl upon tiyall ofthe death ct‘a man,nor in any ._ 8, I 8. 7. H. 6‘. £0.44. enquefl betwixt party and party,in plea reall,nor in plea perfona ll, whereof Dyer f0.) 4 4'" Cook the debt "or the damage declared, amount to forty marks, it‘the fame perfon lull“. part '1. 27!- a. have nor Land,or Tenements of the yearly value oft'mty shillings, abavc . perfon {oimpanelled inthe-lame cafes, hath nor Lands or tenements ofthc , 7 earl valucofl‘ort fhillinasabcvethe ‘ch‘araesasafore is faid.zS.Ed. 3t 13 8.H. 6 a -. y Y I . t; b 9 The 3. of Henry the 6. Chap. 7. (cl. 304. W'barjorr of menflyall'be choofm, and what final] be €59. ‘i r [en Knights oft/2e Parliament. Tam, Whereas the election of Knight 5 ofShires, to come to the Parliament of our Lord the t King, in many Counties othe Realm of. England, havcynow oflate been made by very great out— -. « ragions and exceflive number of people, dwelling within the fame Counties ofthe Realm of Eng;- . land, of the which mofi part was ofpeople of lmall fubliance, " and of no at T172: 2': a suture 0/ -value, wherenfevety o’t'them pretended a voice equivalen r, as to futh ele- bondage and (of: Of fiipns to be made, with the mofi worthy Knights and El'qujtcs dwelling 1956"]. ' within the fame Counties, whereby manflaughters, riots,_bartcries, and d1. ., I. H. y. I. 10. H. 6. vilions among the Gentlemen, and other peoples of the (am: Counties : 2 . 6. H. 6.. 4. t I. H. thall very likely rife and be, unlell‘e convenient and due remedy be provided 4- I . 23.14. 6. l 5. in this hehalf: Our Lord the Kin confideringthe premilles, hath provi- Ral’t.‘pla.{o. 446. ded,ordained,and el’tablifhed by aut ority ofthis prefcnt Parliamencfilm the , Knights ofthe Shires to be chofeit within the fame Realm of England, to" ' t 'COmC t0 the Parliaments of our Lord tthing, hereafter to be holden,lhallbe chcfen in every l. County o'fihe Realm of England, by peeple dwelling and refident in the fame Counties, whereof V CV“? one Of them (hell have land or tenement, to the value oft-forty lhillings by the year a: leak, “5°" infill argcsi 39d that they which {hall be (0 chofen (hall be dwelling, and refident Wilhimthc fame Counties. .A’nd fuch as have the greatefi number of them, that may EXPEND FORTY ‘ SHI LL INGS by yeare,and above, as afore isfaid,lhtll be returned by the Sheriffes of every Chum ‘ 3 ry Knights for Parliament. by Indenturcs fealed berwixr the (aid Sherifl‘es, and the {aid choolers fol-g ; to be made. A nd every She-rifle of the Realm of England lhall have power by the {aid authority to examine upon the E vangeltfls every fuch ch ool‘er, how much he may expend by the yeare : And M any Sherifles return Knights, to come to the Parliament contrary to the {aid Ordinance. the rum, L? ccs ofAslil'cs inttheir S‘csfions of Asfifesflnll have power by the au thority a forel'aid, _ thereof to en- 1. quite.,Andif by enquell the fame he found before the Juliiccs, and the Sherifi'esthereofbc duly at. tainted thatthcn the {aid Sheriffe {lull incur the pain of an hundred poimd, to be paid to our Lord x, . the King, and alfp that he have imprifgnment by a yeareg wi thout being let ' to mainpril‘e onibaileyg ',: And that the Knights for theParliamcnt returned contrary to the {aid Ordinance, {hall loofe their ,. ~ wages. 10. H. 6. a, . ‘ ' 1 ‘ 7 ‘5 w ‘ Progtded ;., (17) . 5: " Provided alwavestthat he which cannor expend forty (billings by yeare,at afore is (aid, (lull 7* 31.1110 wife he thooler cf the Knights for the Parliament. And that m every writ that (ball hereafter goe forth to the Sherifles,to choofe Knights for the Parliament, mention bemade of the raid Oidlnances.~ . ‘ ' _ ., , Tl“ ‘ 8' my")? d" 6- Chap. ‘ 1- {0"3 3 2- 0/ ”540681111 oalucin lands azuflite ; _ ' of Tea“ ought to be. ; Tm, whereas by Statutes made in the time of the King: noble Progenitors, it was ordai-é ned, that in every County ofEngland, Jullice: (hould he amgned of the mall worthy of t ‘he ran” mum-”'1“; t0 keep the peace, and to doe Other things, as in I. lid/g. '16 l 8.Bd. g. the lame Starntes fully is contained, which Statutes notwithfiand- 3. I g. R: z.7,‘iy. R-Zpingm’ow OHS": in {Hm}? Counties of England the greattfinumbee in. ' hzvcbecn drpnted and oméncdmhich before this were. not wont to ~ , ' L7": W hmof form he 0f {mall behaviout,hy w horn the people will not: - be governed n'or ruled,and tome for their neceflity doe great extortion and oppreffi .m upon the - people, whereofgreat inconveniences he likely to tile dailyfif the Kingthetefore doe not pro: vlde remedy 5 The K; ng, wtlltng agninfl loch inconveniences to provide remedy, hath ordained ll? ~ and efiablifhed by authority aforelaid,That no lufiice of peace within theIchlm of England in in County, {hall be alligned or dentcd’if he have noc lands or tenements to the value of 20. t" 1’7 Yea" : and if a“? be “dam“ hmaficf ‘0 be ”Ric“ 0" Face in any Countya Which hath not lands or tenements to the value afotelaid, thathe thereof {hall give knowledge tothc ChanCellor oi England for the time being,which (lull put anorher (utficientin his place, and ' and if he give not the faidknOWlCdge (65 before) Withina moneth after ,that he hath notice of Web Commtffions, or if he {it or make any warrant or precept by force of fueh Commiflions. he thall incur the penalty 0f 7-0.1- and neverthelefl‘e be put out of the Commiflion as before, and the King “In“ have the one-half otthe faid penalty,aod he thatwtn' rue for the King the : Other half,and he that will fine for the King, and for himfelf, {hall have an action to demand me e fame penalty by writ of debt at the common Law. ' ‘ t I , Provided alwayes,that this Ordinance flnll not excend to Cit.ies,’l‘ol.vns,or Boroughs ,Whlch ’ be Counties incorporate ofthemfelvess nor to cities, tor-ins, or boroughs, which have lufiice; oF peace ofperfont dwelling in the (arm by commiflion or Warrant of the King, or of hi, Pm . ignitors. Provided a’lfonhatifrhere be not {uflicientperfons havinglands 8t tenements to the value storefaid, learned in the Law, and of goo-d governance wrthin any firth County, that the Chancellor of England for the time beingfinll have power to put other difcreet perfons learned inthe Law,in [nth Commiflions, though they have not lands or tenements to the value atom- fildfiyhit dtfchtion. 2.7. H. 8. chap. 24. » g ‘~ "15-. '3 € The 30. omery the 6. Chap.8 .fol. g. 3 6. In what cafe the King: Pnrveysr: that wouldtzke , I r ‘ _ ‘ Cartel}, may bcflfiflcd. . _ _ F3 ITem, it is ordained by the authority aforefaid, that the Statutes before. this time made ofPut- veyors and buyers, {hall be ho‘lden and he pt, and put in due execution. And in “it: that any . e purveyOr,buyer, or taker, will take and make purvcyantc, or buy any thing to the value Oflforty lhillings,ot under of any pet (on, and make nOt ready payment in hand, that then it {hall be law- " ' full to every ofthCKings liege people to retain their goods and eattcls, and 38. Ed. 3. x z. to tefififueh purveyors and buyers, and in no wife (offer them to make any fuel. ‘ ' purveyances, buyings, or takings; And to keep'rhe peace better, every con- fiablenirhingman, or chief pledge of every town or hamlet, where {och takings or ’pumyanccs finllhemadefihall be helping or afllfl'ant to the owner , or felltt (finch things,to be taken 2- .. ,t .__. C -.-,....____, . gain / ““g‘é‘mfl the form: 'oftbis Ordinance, to mike‘refi_."tétncze in the manner aforefaid, In car: that Tuck , ; Marfhalfey or elfewhere, any ofthc. ngg liege geogie {Qt-fueh detaznxngor nothflufiermg to . \ a2 .. .‘. , , 4 ‘ (‘7‘ ..__‘ '__1 J,‘ , ”y. ‘1 . ‘ ‘ .'{ _ of duly conv:&,land that upon eivery 38.59:! tobc taken/upon this Ota‘mance, ever] party de- i” ,3), , aonfiables, tithingmen, or ch iefc pledges be required (‘0 t0 doe, uponpain to yeeld to the party. f fo’geieved the value'of the things f6 "réken with»: ‘ his double damages : .ancd that none of the, Kings Liege peQDIc be pu t tolofle or damage bY €11;ng 9r gtny qffiee’t forjgeb Yrefi'finn’ce. And .1, that ”Mom?“ figs officer: th'h‘ut‘féa‘re 22b b’e ”ha-£61124; -¥¢i'€‘d;‘0‘r impléadcd‘in‘rh’c Com 'ofthe} done, Upon paint: to lodfe 29.1.1522: one m‘oitythe‘tepftot'he King, and: the othee moity to him, 1 which will in Inch we: fue : a'ndkhatt'h‘c'Infiizeé‘ofpeace’_in'_ evety County, {hall have pnwer by ' authority ofthis'OrdinanCeg’o’inqi-fire, hear, and; determine as wgellla‘t the fut; ofthc Kinga’as or ,3 him that‘will fue , of any thfing done againf’t this" Qr'Idimn'ce ant! (huCOfIta’Wfl‘afie 4W3 puma]. ment,2nd execucion, and’toiaivzii’dfaam‘gg‘é‘s to E‘fie‘party plaingifg when any dctcnéfimt'is mega; fendaat-flnll be put to anfwefiunro it‘mtb‘éfit’ ”the aid “of the King, and in fuel: avtftisms to be ta. ken, procefle {hall be made as in: writ bf‘tr'eflafi, 'doneagainfttht peace, _and that in every Commiflion of-Purveyots,‘lbuyers,‘ o: taketéto be made, this Ordinance (hall be Contained and 'exprefl‘ed. And moreover that'th ,s deifia‘ncc among other Statutes ofpuryeyprs, buyersgortag \; kCIS beforeihis timethade; {hm'he {mam} (He 5:113 life: Ofevcfy County of England to prodain', ' . g " ’ahzfi deliver?thefiiidetifihtésxahdfQrdjnginecéin tbc'fit’anner-a‘nd {Qnfie =*H-6-*3- {QB-$5.16.“ -'containwmxri-‘e‘ficawn;Swihnié’yorfafid zines, madC‘A-the are y‘camg- 2 " 'h 2 ‘hvei'éign Of‘bfif'fiid.Lord'th6‘K3ng, uponthe pain: contained 1n the- . Stature..Andmmeoveritfic-Kin ml! and cor‘nmé nd‘ewtbjghfatthe Statutemade H1636, year '0, King Edward,late KaingoF'Enéfnd,’ thbtbird afte’rthecpnquefl, ,toucbingtbcpntvcyorsoi Otherperfonstzhen ofthg'Ki’t‘tg, ("illbep‘utgngdtgcs'xécfitionfi.H1;l4m . ', " .-':..; '1! 15325,,” :“2 ,m .,~ ,;_..., ,2 .. t , .. . The 23. bE-Héhry‘the 6,éfh‘a’ia‘.'ibiff$143431" No’iwféefifbw Mitt Ewe 1M . ' : fi 4 " Wfifty‘oe'ziyz‘y‘TB'aiiiwi%'7ii“f‘bii§7fétifiér41,1221, 841127 ésfifl 41:14 d211,?“ '. -, ‘ . _ R, . 2. , .ififgvcrdl! "cialfcg..._ ” _ , 4' _ ' ' . 2 \ . from, tbe King conlfidering the great‘perjury, extortib'nfind oppré‘fliron,whxch beam! have been inibis rcalme, by MS Sherifes,hundct‘ Sfic'riffcss and their , Clerk€$,C9r0mjl‘$, 3‘5ande of {ran-e chircs,33i1i§€5’3fidH'eepersofpf'ifons;dndptfierofficers'intiivcré‘gountifis'qf thiS-Zlfcalm, , hath, ~ '2 2' ‘i‘ ' ’ . ‘ordaihfd’by'anft't‘iqi‘j‘ty afor'efaid, in {Eben/11139;. all,{fuchjreirftorcipnsmer-.' 20. H. {Ski-ii 2'31 1.. jury,j;uidtb;5prtm‘2’on,_'that no ShgriFé thin accenfarme in any. manner: H.7,EO.‘g51‘34.-H'. 44. his coifntSrmot anytime B"t’i'liwicks, Hundreds, nor 'wapentakes, not , 4;. Kelbfo. 108. 1‘1. thatthc {aid Sberifecfi'nder Sheifes, bailitffes of Franchifes, norany. H. 7. to. z 6.. Rafi. other Bailiffe, {htll return upon any wti't or prec'eptto them direflcd _ pim- fo. 3 18. Coke. to be returned, any 1nq<,1s;f!singr.y pancll thet'enpoa to be. made; any ’? pla.36—s,»23:, E. 1.26;; ‘2Bailiffes5bfli’cers, or Tervam’s to'a'py’ ofth’e "amen: aforeféitf, ”In any; ; DifrefO- K19- _ ‘.2.B§n?11bytbemfotd be made, nczthatany,o2fzhe.{aigi Officcxtmd Mg; ,2? ' ' - ” ' nifie’ré';byoc’Cafi‘On'of'udderkcélour,bfgheifigb’ffice, 113a!) takegnyothcrs thing by thcmfior ‘byhny (Ether- perfon ‘56 their ufe, profigoravailgbf any perfon. by thermal" any ' 0f themfio be. atrefl-ed,or attached, not of any other ofthem, for the omitting of any .arrcfl-or‘. attachment" to be made by their bodya.- Or- of any perfon by themfipany of them,6y. force-,0: co ' low of their office .z’arref’ced or attached for fine, fee, {nit o_fpfifon, mainptife, letting to bang? or— flzew‘ing any 'eafe or favour to any fuch’p‘etfon f0 arrefiéd of .tg be ari’efi‘ed for their reward ‘or‘ _, profit, but Cuch as’folwwgt'bat isro féber the Sheriflb Wentypcnce,theBailifTe that makethz is! the arrefl'b’r attachment {Ohm pence, 3-95; the Gaoler,ifthe-prifoner bcicommitred'tohis Ward, fflur¢,.p€ntj§, Andtlnt th": Sheriff}, under Sheriff}, Sherifi‘es Clerke, Steward, or Blitflifl‘li1 (,5 2 , 2 ‘ tanc 3e . .3 ', '9 2 i figanghi'fcflervagz or Bailiff“ _ orcoroner.{12311-net”tammytbi‘n‘g by Colour? gpfihig cjfihcfiy ‘ _, 1113mm: by afiy ether perfon to his ule-pf any pcrfon,€or the making-bf any. mm 0: parsdigami firt‘hé copy ‘of any pancll,but fourc ,pe'nccfind thank: raid-Sheriffs: and all ozhet Officcrf afld ”mamas aforefa‘idLflmlI let you: ofprifoh all manner of perCohs lay-them away of. rhcm‘asrcfii‘dl, gaming." if: thFilj cu‘gfiqd y by fqgg‘c, of my wrjs", ‘.bi:ll,~-‘er Warranty many aéfian pcrfonaflfirby _ .iéPrér-éflndlame‘lFiof ‘F “P? 1f¢:-W93. reti‘onablcafuritics “ifmfiii’crfmf‘a’ ha‘m‘g "W563? ”1:; f. .. . " . . en: wuhgn {be coumiflwyhege fuch‘ perfom‘befq {Ct'to ball. or manpsifie, . ijzLNB‘LEo. $1.13. to kcqp their dinS‘j-ifl fuck-platens t’néhéfii writ$,bxls,nr,war'ran131 than -' ’Idw. fo';"6o'.Cok‘c,l. requtrc, : (Suchpc'rfon oripefifons wh'zichihsll be in their-:Ward‘by con- ”gaffe: 101,3 7. H, 6. dcmnarion ,cxccution, Cépias griagmum or egwmmmicamm, (urcty of {0.1 , Plow, Fo. 6o._ the pcacgand all fuch perfons,:whrcir be 9: [ball becommitted :to ward ‘ prc'r {0.1”} 18.3 2.3. byfll'pszci,allgommandcmem ofa‘n‘y Ill-Ric“, and vagabondsvrcfufing to *3 34:7 . E3; 4;] £0. 1 . fem; acpcrding (Q the .férmc of, clfiSmutzgamf Labéurers: only: cxcepfl) «, Coke 11'. g, {0. {9. And that ho Sher; ffc, not any of'his officcrs or Ménii’cers aforcfaid,lhal Ii. 10. f0» 99. Rafi. take or caufefito be takcnpr make ‘anyoblign'sonfor ariy'cainfe aforemd: $3.69, 37 I . 3;.Elg" .er by colour'oftheir office, but-9121f; to cbcémfclvespfany ptrfon, nor by ~ .9LDyef fo, 2 S . _ . . any pcrfonmbich {hall be in their Wardbytlw courf‘e of chc law, but {LL . «a .7 by thC‘namc .Oflthcilofficc, and-“Pam C'Omiikim “rm-n: ”‘3‘ "herald W09“; {11111 glppeargtgthg dqycbgcaiacdin rhefaid will} billonmrrhm;add-iin‘fuch‘ places; flifihcfimfi ”1.3.35.2 b11151, or. “(313'sz [hall {gquircL And ijflycf the lfSidiSthiECS 01‘ other Offi- 9" not; {4131mm aforefaia, :akc anyLObligacion-in atherl‘orm‘by'EOIGUEbf elfcimfliccsgfifhal it . ill be void. And thathe lhall take no more for the makingdf anyfuch Obligatidn ,: Warrant, ‘pr’LPrgccpt by thfim :0 be madc,-but (cure pence. And alfo that wet-3 .othela‘xd Sheriff“ fhall ','f?ak¢ yearly a depgty in the Kings Courzs of his Chanceryy , the Kings Bench, the..-IC-ommon $11“, an All; the .5“. ghequpr ofLRCCOrd-g- before ghchghcy (lullxcrumany Writs, to rcceiveafl L ’ f: ofLWrics an; Warmpm .tgbg dcfivcrcd coma}! : :An'dthan AlliShcriflfe-s; unélrr‘Sherltfi's, .27”; .¢s,Bailii’f¢sn€i2.olcrs. Coroncrs.:s:¢mds, Ban; EcsofiF‘tagchi‘ks;:7-0'bany o'ulcmgicels : Elfiinifima Whighdocpomtaty tQ'tbis Ordinance i a any point» of the fame, {hall loofc. tdal‘fc i 7- .93“? in this behilfeiindamagcul, or grieved histrcblc damages, and {hall forfeit the {tunme of L: L ' 3535:!) 3“ CV“? clme 1th .ic)’ or any of them doethe co'ntraryttb‘creofrin auy point of the, ‘fatnc, l 'FVl/hfilifpflhczlfing {Mull-awe the one halfcto b‘c imployed toabeu'l‘e of hishoufe, audit.) moo; #39:: and .theiparpxthax Will (he theathcr. halfu 'Andéthamhe ‘Iufiices nfiAffifesi -‘in’1h¢i: as, quljcéLs ofghconc Bench and of melonhc‘r, 2:. andlufiiccs of th-cl Peatczinxhciz-Couny, } have PWCHQ caqqlgc, hear; and determine-of. efifice withbuc fpc'ciallflommiffioh,.-:oi'a‘ad . allmhcmythat doc contrary. to theft-Ordinances in any article or point-of the (mic. ‘Andi‘if , ,- ,(zgidfibfiififes rcrurn upon any pcrfon [epi corpus or Reddidi: fc,thac they {hall be cfafigeablc SP baycthebodigs 01 the {aid perfons at thcdaycs qf the returns othefifa'idiWrits, Bills; mot art-ants, in (“Ch form 83 they here before the making of this Aft. . 3.. . z ’4. £5 - Q .‘, ".132.” Hoffiicbflrd {he 9.6112213. -37..fol.i.3.,8 “(may :1 xflice of paid} any!“ affifimfi 5'.” .‘w -.f . .10 minprife.- N0 Oficerjballfeife'tbdggodr of :agiifirimmfil belw :u 3 1.; n «a - . - . be mama-4.. ,. ...._...-..:~.n 9.. " -Or,afmuch as'di-veqrs pctfons have, been daylyafircfich-Qnd impxifoncd fiokéfufpcé’ciopofhlody, «; Witneofmjalictc, aad fomcxime.qtia light fufpcfiiflnyandfo-i‘ewm PrifO“ without 5331‘ 0" Mfil’fik ‘°:‘h€i-“gf©‘a‘-V¢K3li4u-‘n_. n: A V Nor that the defendant in any {uch aftion be admitted to wage or doe his ‘ Law. . ( 2 o) , . Bail: or Mainprii'e, in like theme as though the fame prifoners or perform were indiaed thereof ‘ 5 .= of record befbre the fameIuilices in their Seffians : and that inflices of Peace have authority to enquire in their Seffims of all manner efcapcs of every perfon arrefled " Rep, 3. H. 7. 3. t . 8t and imptifoned for felony. And that no Sheriffej under Sheriffc no: Er. ,2. P. at M. :3. 7. H. cheater, Bailifi'e of franchifc, nor any other perfon', take or feize the 4. f0. 47. 44. AEPl. goods of any pcrfon arrefled orimptifoned for {ufpition of felony, be. .1 4. 4;. Ed. 3.fo.ee. fore that the fame perfon fo atreiied and imprifoned,be conviéted or took li. 1 fo. r 7 I . attaintcd of fuch felony according to the Law, or elfe the fame goods :6. Mi“. pl. 3 t . Otherwife law fully forfeited, upon pain to forfeit the double value of the goods fotalren, to him that is (’0 hurt in that behalfe, by afiion ofdebr to be puriued by like procell'e, judgement and execution, as is commonly ulEd‘ in other aaions of debt {tied at the Common law, And that no efl'oin, or protefiion be allowed in any fuch aaion: I ihall here give you a claufeolthe :.and am!" Edw. 6. Chap. 1 3.601.867. -- And be it farther inafied by authority aiorei'aid, that if any pcrfon doe fubfirté‘t or withdraw . any manner ofcyths, obventtons, profits, commodizi-cspr other duties before mentioned ,orany , partm’them contrary to the true meaning of this a&,or oiany other aft heretofore 'made, that then the party {0 .fubfiraélzingfipr withdrawing the fame, may 01: lhall be convented and fued . ' in the King Ecclefiaflieal courrfiby the party from whom the fame ihal TSIrinfar wirbboh be fubilraétcd or wit-hdtawn,to the intent the Kings Iudge Ecclefiafiice’ll ing oftytbr [ball bee {hall and may, then and there, hearcand determine the fame according to in the Ectl/eflefl’ieall the Kings EcclefiailicallLawes. And that it {hall notbe lawful! untothe (car: and no where Parfon, Vicar, Proprietory, Owner,or Other their Fermors, or deputies 4/}. . contrary to this-aét, to convent or fire fuch withholdet of tithes, obven~ tions ,or Other duties aforefaid, before any other Judge, than Ecciefiaflicall. Andif any Arch. Bilbop, B'ifl-IOP, Chancellor, or other Iudgc Ecclefiafl‘icall, give any {entence in the forefai‘d . can-[es of tithes, obventi’ons, profits, emoluments and other duties aforefaid, or in any of them .( and no appeale ne prohibition hanging) and the party condemned doe norobey the faid fen— - tence, that then it {hall be lawfull to every fuch'ludge Eccle finflicall','to‘ exeommuni-cate the {aid party, [0 as afore condemned, and. difobeying, in the which {enter-tee of excommunicatien, if . the {aid party excommun-icate wilfully {land and endnte {till excommunica-tc, by the {pace of 3 4o. dayes nexr afttr,upon denunciation and publication thereof, in the Parilh Church, or the plaeewr Parilh where the party (‘0 excommunicate is dwelling, ' or molt abiding, the laid ludgc Becieiiaflicall, may then at his pleafure fignifie to the King, in his court of Chancery, of the {late Emd condition'of the faid party {'0 excommu-nicate,a.nd thereupon to require procell‘e ch ex- communicate c‘apienda, to be awarded againfi every fuch perfon, as hath been i-‘o eat-com- municate. - l} f T!“ 3 S'Qf Elif abttbiC 1m 2 .ft-tl. {09' 9.~1Refam«ztian ofdijhrdcr: int-be Mitzifi‘rrs oftbe (”harsh”) : THtt the Churches of the Queens Majetti'e's Daminions may be ferved with Paflors of found ~‘ Religion :be it inaaed by the authority ofthis Prefent Parliament, That every perlon um "i det the degree oftBitbop ,which dorh,or {hall pretend to beta Priefl or Miniller of God‘s holy Word and Sacramenr,by reafon of any other form: ofiniiitution, Confe- .3.“ 5" $36.6". I. caution“, or ordering, than the {cum fet forth by Parliament in the'time . -r A ' a .. of the late King ofmoil worthy memory, 'King’ Edward the Garth, or 9953 “(cilia the reign ofour moil gracious Soveraign Lady, bcfiore the {call of the - Nadia? 0‘: f (21) Chtifi ntXt following, (hall in the prefene'e Of the Biihop or G as dish of thelpiritualii‘l’“ 0f , fome onediocefl'e, where he hath’“): (bulb-ave Ecclefiaiticall living ,t de- e-Dyerfo.377; clare his aflbnt, and a fubi'ctibe to all the Articles of Religion, which only ' ' concerns the cont {Ii-fin ot'the true Ch: thianiaith, and the doétrine OfIhc Sacramente,comprifed in a book imprinttd,entttultd, Articles, whereupon it was agreed b; the \ Arch 331719”, “4 31' [bat-P: of barb Provinter, and the whale Clergze in the Convocation holder: at London in the were ofaur Lord God, a thoujhezdfive b-‘rrzdredflxty andtwo, accord 71g to thum- putatian of the [harrboff‘zrglawL fiir the avayding of: be diverfirzrr 0/ again/07:5, andfiir tbegfi’m. baking often/22m touching true firigfampurfimb by the Queen: amborsry: and {hail bring from {och Brthtrp or Guardian. offpiritutltiet, in writing under his feale anthem ick, a tefiimoniall . of fuch affent and fubfetirpion, andopenly on form Sunday in the time of fome publiqxue {try-ice afternoone, in 6V“? Church where by reafon 0f any Ecdefiaflicall living he ought to attend, read both the {aid tefiimonial,and the {aid Articles. upon pain that every {ugh 1: Cook 1.6.50. :9. perfon which (hall noebefore the {aid Ftafi doe as is above appointed , {hall be b ( ip/o fafio) deprived, and all his Ecclefiafiicall promorions {hall be void,as ifhe then were naturally dead. . , And that if any perfon Ecclefiafiicall, or which (hall- h-ave Ecclefiafiieall 1i ving, {hall advifed=~ =ly maintaine or affirme any doctrine dire fily contrary or repugnant to any of the l‘ aid Articles, .end being convented before the Bifhap of the'Dioccfl‘e, or the Ordinary, or before the. (been: :Highnell'e Commi matters in caufes Eeclefiafticall, {hall pet-GR therein, or not revoke his error, 0! after fuch revocationeftfoones affirme {nch untrue doarine: inch maintaining or affirming, and perfifiing. or fuch eftfoon affirminz', {hell he jufi caufe to deprive fuch perfon of his Eccle- fiafiiczllpromorions :And it {hall be lawfull to the Bdth of the DioCeile, or the Ordinary, orthe laid Commflioners, todeprive fuch petfons fo petfiiling, or law fully convicted of fuel! ficfifoones affirming, and uponiuch lenrencc of deprivation pronounced, he (hall be indeed rived. a a " . . and that no perfonfinll hereafter be admitted to any Benefice with Cure, except he then be of the age of three and twentie year's at the leak, and a Deacon, and (hail firfi have fubfcribed’ .the [aid Articles in pref'ence of the Ordinary, and publikely read the fame in the Patith Church _ of that benefiee ,with declaration of his unfained flour to the fame. And that every pet-ion af. ~tier the end of this Seffion of Parliament robe admitted to a beneficc with Cure, except that within two moneths after his induaiorhe doc publiqutly readthe [aid Articles in ”the fame , Church,whereof he flnllhave Cure, in the time of Common Prayer there, with declaration of his unfeined afl‘cnt theretof, and be admitted - to minifler the Sacramentwithin one yeareafter hie induction, if he be nor fo admitted before; {hell be upon every inch default, ip/b fire-70, immediately deprived . ' as $5 And that no perfon now permitted by any difpeni'ation or anemia, {hall retain any Bene- ccw'ith cnre,being under the age of one and twenty years, or not being Deacon at the leather which {hall not be admitted as is afotefaid, within one year nexr after the making oftltrsa&,or finithin fix moneths after he flnll accomplifhtheage of 1.4- yeares, on pain that inch hisdifpenf . t .. fation {hail be meerly void. . _, -‘ And that none {hall be made Minifierpr admitted to preach or adminifier the Sacraments, king under the age of 24, years, out unlefl'e he firit bring to the Biihop of, that Diocefl‘e from men known to the Bifhop to be of found Religion, 3 Tefiimo-niall both of his honef’t life, and of his-protesting the-doctrine expreI-Ted in the {aid Articles : nor nnlefle he beable to anfwcr and . render to the Ordinary an accompt of his faith in Latine,aecordingto thefaid Articlespr have petiall gift and ability to be a Preacher: nor {hall be admitted to the order: of Qe‘acon or Minifiry; ttnleffe heihsll fitfi fubfcrlbc to the bid firtickgt ' ' ' V I (22) - 1 ' .fi , ,. And th at home hereafter {hall be admitted to any Benific'e with Cure, of‘ or abourgfiewruéfia 1 thirty Pounds yearly in the (hams Books, unlech he (hall then be aBatchclour of Divin'ity‘: K or a Preacher lawfully allowed by fome Bifhop within thns R, ealme, or by one ofthc :univéyfifi r I #565 “Cambridge or Oxfbrzi‘ ' \ , x ‘ . _. ; I. s. ., Andrhat all admzflions to Benefices, Infiitutions, and mdufitons 10 he made Qfanyfzporfoh kontraty ftorh-eforme or. any provilion .o-fthis Aa, and all toleratiohs, difpenfationsy qualifier - __ . ._ «Lions, and licences, whatfoeverro be maderorbecomrarylhercorgzrhm IaDyerfo, ;77. 346. be meerly void in law, as ifthey never were. -- 1 , '- .2 ‘ 9-35 9. Co. 116. f0. 39. Provided alway,rhat no title to conferre or prefent by (a) lapfiflmflfi . . ‘ accrue u poo any deprivarion, ipjofizfio, but after fix monerhs after nu; {tiecoffuchdeptivation given by the Ordinarytothe Patron. ‘ .4 l . " 3311.6. IMogmmgehapfiro; fol. r 262,-. Mothingjbz/bbe ta—lgezzfor the report of a Cafe referred I ' ._ -. . '3by'4ny wart ' ' ' "4 1 'T ”'1’" ‘f FOrafmuch as all exafilons, excortions and corruptiom are “10‘” 1 and PWhibEWd: in all well ' H . \_ governed CommomwealtS, Be it inafied, that no perfon, to whammy order or canfe f (hall, [1 " c committed or referred, by any of the Kings I udg‘JSa 0.? Courts 3‘ Weflmizzfier, 01" any 01h“ 17 .1 1Com: {hall direétly or indireétlypr by any art": lhi'fr,'colour_ orse’evice,have, takclor receivcv',a'n§ 51 ‘ money, fee, reward, covenant, obligation‘,’PrOmiT*-3 agreement, 01' any 0th?!” thing, for his re. j Port or Certificate by Writing, or otherw’ife, 6P0” pain “we forfeiture Of loot-1L for W“ Y ("441 " .. Report ”or Certificate,- and robe deprived Of his office'and place in the fame Court: the one m” ‘ {y of the fald forfeiture: to be our Soveraign Lord the King, his heiresand ("“530“, the 0m? ‘ moity to the party grieved ,which will fue for the fame. 3‘ any’ “m: during the faid ("“2“ "i‘h' ' . ’in’ one yeare after the fame caufcdifcontinued or decreed. and in his default oflixch fuic to him or themthar will fue for rhefammby original! Writ, Bill; plaint,or_ln£ormarion in hi‘sMajé’L " 11, files high Court ofsrar Chamber ,or in any‘his Majefiics [hurts a E Record at Wc/iminflerrrm mhi ch luit, by Writ,‘BiIl, plains or Informaéion, “0 wager ‘0fL3w3 Effoin, P rivi’ledge,$8p er "1 1 1. feds“, Proteétion, or any, Other delay, (hall be fuffercd or admitted. ' ‘ ‘ ‘ . - 'i 1 Provided neverthelefl'e, that itflnll be lawfullfor the Clerke totakcr for his paints for wri; “ *? ting ofeviery fuch Report or Certificate, u.d. f0!“ “‘5 fir“ fide, and 7'- for CV“? tide after: 303 ‘7 i no moreilIPOH palm to forfeit to. s. {or cverypeny taken over and above the {aid- fummesrpgb’e 'had-hnd-rec’overe‘fi as aforefaifd..— .~ ; I . . , 1. - - * . . r ' 7 1 J \ Havinggiven you “thchnofi material‘l Statures‘, that I conce'iv'é’at pro? 3 Tent makes for'yohr niof’c advantage,that1caqfifldiflthc SfatUICS 13‘ largeJ V l "‘ijhallhere infer: three or {cure Stacufics made this PIC-fen,t 1"" liament, that "111 ~ ‘ i meJudgex-nent isextraordi‘narywell’vvorth your knowmdgfl and "ndcmmd' * -__.. l-,,‘ , ‘_ -. 9.}, ; .,. , . . - ann0117.Carol£Regin-‘ -. -. , 1- 1 v.5 A 9‘; ; ! :f-An A6: for regulating ofrhe Privie Counsel], and for talc-mg away the-Gem": l “ ' commbnly called, the Star Chamécmi , ‘ ‘-- “““J” "1“ ‘ liament, It is mad": ed, that no freeman (hell be taken or ‘i‘fimhrit‘dfiear ‘ i .4 =92 15:: g: agivvmreas by the one A :r' a CHRTER many tithes confirméaifibgé 1.” '1 ' ’ '1 L _;_i__._ or difl'eifcd of his freehold or Liberties or free Cufiomes", or'be'o’ur“. .. lawyedor exiled or Otherwife defltoyed, and that the King will not pafl'e upon him; oryéondemne .. , ' but by 13*?qu judgement of his Pe«:r3,or by tbe‘Law ol the Land 5 And by am). 12513 3., 9- ther o‘tatute made in the bfifth yeate or the Reigne offing Edward the third - “Itrtstt'laacd,-That no man ilaal! be attached by any FICCiiraiiOg“:s not fCi‘C-‘iUdger; £35155, 3. 4. ofii'te or iim,norhis L~ands,Tenements, Good-s, not {jhttreis relied :- into the __ . . ‘ Kings hands againfl the {CHI-1‘5 ofthe 0 RE AT CHART. ER: am: the law ofthe 3 land And by another Statute made: in the five and twentieth year c of the reigne oftitefame E ngEdn‘tjrdCbC't‘hlrd,It!$a’1CCOl‘d€d, aiiented and cflabliihed, that none flull be trek; n- by Pg. 6 u tine-n, 0r iu‘ggefiion made to the King or to his Councell, unit it: it be by Tindié’tment or Pre. E ' fffltm€n§,.0i good and lawful! people of the fame Neighbourhood where [itch deeds be done. in audmaunerzpt by Peace tiemade by Wu: onginall at the Common Law,‘ and that none be put out 963.11.: FranChife or Free-hold, unlt He he be by duty brought inert anfwer, and fore- judged M1]: .t"' '. " ’ . T «75, _. ‘ .-, . ;. .~ 6‘ '2 » L" 3 __ . of the {lame by the comic: ofthe Law, and ifany thing be done againfi the . 418.353 3f 3. fame, it {hall be‘rcdrelictt and holden for none. And by anorher Statute made :4 . V mthe 2.8, year dofthe Reign of thefame King Edwardthe third, It is a. % gigngfipthet things inafied, that-no man of what diet: or condition'foevet he be, (hall be put k j] , out ofhisLands or Tenements, not-taken no: impnibned, nor difiuherited',‘ 542%15613 3.] Without being brought in to anfwer by due procefl‘e of Law. And by another " ,. Staute made in the 4:. y‘eare e of the Reign of the raid King Edward the 'E thud}: is enaaed that no manor. put to ani’wer without prefentment he tore Iuflicespt matter g; ofKeeo’rdi, or by (1116 Proceire and Writ original], according to the old Law or the Land, and if . 7 . any thing be done to the contrary, it {hall be void in‘Law, and holden {or error, E; 1,3645% 3. _ And by'anOther Statue made in the 3 6. yard f‘the fame King‘fidnmrd the g - “i“; _ ). third, It is amongfl: other thingsinaéted, That all Pleas which iha-l-lbe pleat-{ed f’f'gpyeuuttsbefore any the Kings Iufiices, or inghis other places, or before any of His other lifetimes, "or in the Courts and places ofany‘orhe'r Lords within the‘ Realmfinll be'entred and ejtiijglled in Latino. .And whereas by the Statute made in the third yeare of King Henry the fryeuth, power is given to the C'hancellour, the Lord Treafuter of England for the time being, {fiathclfieeptr of the Kings Privie Scale, or two of them, calling unto them at 811119in5 ’and a , Téhiporaluiord of the Kings mofi honourable Councell, and the two, 'ch‘ief‘e-lufiices ofthe‘ tug; Bench and common Pleas for the time being,’ anothertwo'luflices in their 'ab‘fenee to" ptpgeed,[as in that Aft is exprefl’edJor the punifhment ofifome’ particular agents: therein méifi A éohed,‘hnd by the Statute made in the one and twentieth yeare at King Henry the eigh th ”The sf Brefidcntrofthc Councell is afl'ociated to ioyne with the Lord Chancellour and other I udges in fiefaid Stawtc,ofthe third of Henry the fevethmentioned, But the faidludges Vha’vcnot‘ kept jéiiilélnt to the points limited by the faid Statute, but have undertaken-topt’tnifli where nqiaw doth warrant, and to make Decrees for things having no fuch authority, _ an dittjiznfiifl; fighter punifhmentsthen by any law is warranted.~ , _ »~ . ~ , . gdnH-forafmuch as all-matters cx-aminablc', or determinable before the faid Judges, or in the Cdirt commonly eali‘ed the Star-Chamber, may have their proper remedy and redteife , and j'r‘due puniihment, and corteétion by the Common Law of the Land, and in the ord inary- utfl: ijufiice elfewhete ;. And forafmuch as the readout and motives inducing the erefiion “continuance or that Court doe now cea lo, and the proceedings, Cenfuresz and Decree; 'OP 1 Wt, hgveiby experience been-foundfto he in intolerable buithen to‘th'e subieét, afidthc “gsyyt‘miizfuoduce an Arbitrary power and Government , And ‘forai‘much‘ as the Cou‘fitéll gig-it. hath oflate times aflumed unto it felt of power to intermeddle in Civill caufits and If é’r‘s,only ofprivate interefi between party and party, and have adventuted to dctgminefithc , -‘ " _ ' ' ' . 6 He: ( 2 . , ‘ ., , ‘ {Mates and Liberties of the Suhieft , contrary to the Law oEthe Land, and thetightt; and-- Fri-viledges of the Suhicftfiy which great and manifold mzfchiefes. and inconvcmenctes have .3. arifcn and hapntd, and much incetraimy by meancs offueh proceedings hath teen conceived 1 ~ 1 concerningmena rights, and charge 3 For fttling whereof, and .preventingthc like in time to ..'. , a . come. Be it Ordained and Enaaed by Authority of this prefent Parliament, That the fakl Court commonly called the Star-Chamber, end alllurifdifiinn, power, and authoritie, belongi g . unto, or exert-lied u: thclametourt, or by any of the lodges, Officers, or Minifiers thereof, be, from the 5 it day of Augufifin the yeare oft-ma Lord God, I t- 4 t . clearly and ablolhtclydiflol- ’ . _ ved, taken away, and determined, and that from the fold firfi day of Augufl, neither the Lord .t Chancellour,ot Ker-per of thegreatSeelc ofEngland, the Lord Trca‘urer of England, the Keeper 0f th‘ Kings Privte Stale, or Prefident of the Conner-ll, nor an) Bifhop, Temporall Lord, Pelvic Co-nnceilor, or lodge, or Iufiice 'whatfoever, {hall have any power, or aurhmity to heare,‘ examinpr determinany tmttertpr thing whatfoeVCr, in the {aid Court commonly called the . Stfl-Chamherpr to make,pronounce,or deli set any Iudgmentfientence’,0rder,or Decree,“ ro' - ' doe any ludicitll, or Mutil‘teriall Act in the find Court; Anal that all and every no, and A6153 of Parliament, and all and every Article, claul’c and {extreme in them, and every ofthem, by" which any lurii'di-ction, power-,0! authority it given, limited , or appointed unto the (aid Court commonly called the Star Chamber, or unto all or any the lodges, Officers,ot Mimfiers thereof, or {or any proceedings to be had,or made in the {aid Court.,or for any matter,or thing. to be drawn into quefiion , examined, 0: determined there, {hall for fo much as coneemeth the faidCourt of Star-Chamber, and the power and authority thereby given unto it,bc from the} {aid fitfiday of Augafl repealed, and abfolutelr revoked and made ‘zoi , . - And be itlikewiie enaaed, That the like jurit'drétion now ufed and exercifi’d in the Court he; ' forethc Proficient, and Couucell in the Marches ofWales, and‘alfo in the Court, before the ' Prefident, and Councell efiabhfheo‘ in the Northern parts: And alfo in the Court, commonly. l : called the Court of the Duchy nuance/tee , held before th Chancellor, and Councellofth’at' - , Court 2 And a! 50 in the Court of Exchequer, of the County 'Palatinc of (“beflen held before, ii the Chamberlain and Couocell ofthat Court 3The like iurifdifiion heingexcrcifed therefitall from-the {aid firfi day of Augufl I 64.1 ., be alfo repealed, and abfolutely revoked and made void,any Law, prefeription, cul’tomt, or ufage, Or the {aid Statute made in the. third yeare. oi‘King Henry thev-fevcnt-h 5 Or the Statute. made the one and twentieth of H rm} the eighth; . Or any A&,or Aas of Parliament heretofore had, or made to the contrary thereof in any wifg . nOththflanding ; And th3t from henceforth no Court,Councell , or place ofludicature {hall be; p! cre$ed, ¢rdaineé,con{tituted, or appointed within this Realm ofEngland, or Dominion of. '- f Wales, which {hall havc,u{e, oz exercifc the~fame,orthelike lurifdiaion, as is,or hath, bee C ufedwrafir-(td, or exercifed in the [aid Court affirm-Chamber. 7 _ 3 Q ' Be it likewife declared, and enafied by authority ofthis prefcnt Parliament, That neither ”- his Maiefiic, “<51” his Privie Councell, have, or ought to have any torifilrfiion, Power Gel-V ' authority, by Englifh Bill ,Petition, Al‘tiClc-S,leell,0t any orher Arbitrary way wharfoevct, f ‘ to examine or draw into quefiion,detcrmine,- or difpofe'of the Lands,Tenrments, Heredita- “e: : meats, @3035, or Chattels ,of any the Subiefis ofthis Kingdome ; B-utthat the amt ou 11:3,; to bl: filled: and determinci in the ordinary Courts'ot inflice, and by the ordinary Cour tot: * .5 thC rm; , , . a : , Andbcitfurther‘_provided,and enacted, That if anyLord Chancellor, or Ketptroft‘fie 5 '7 greatSeale of :ngland, Lord Treal'urer, Keeper of the Kings pr'ivie Seals, Prefident of the ? 3 Councell,lBifltop, Temporall Lord, Priviegounccllor, lodge, or Iufiicc whatfoever, 9.151 2' . 0563!” f. l J . (2 S) ‘ ,. if. fluid or doe any thing contrary to the prime 11,:th intent and meaning of this Law, Then he ' R they “13“ for (“Ch Offwt‘c: forfeit the fame affine bundredpaunds oflawfullimoneyof E age and, unto any Party griCVEdahiS Executor-9, 0r Adminifiratorr, who (hall really profeeute for the fame, and firfi obtain judgement thereupon, robe recorded in any Court of Record at, Wet?- Zni-n'fler, by 38km of Debr,Bill, Plaint, or Informaeion, wherein no Ell'oine, Prorefiion, Wage: i ’ \ ,Law, Aid,- Prayer, Priviledge, I n junfiion, or Order ofrefiraint {hellbe in any wile, prayed; gantedwr allowed,nor any more then one Imparlance. And if any p'erfon, againft whom 'dny ‘ -fiteh‘ludgemene, or Recovery {hall be had as aforcfaid, {hall after {och Indgemenr, or Recovery ofiend again in the fame, then he, or they for fuch offence, fiyallfirfcit the/21mm: efonetboufim if. ,_ Linen-(Ir, oflawl'ull money of England, unto any parrie grieved, his Execn tors, or Adminifirag ' 7 - torsmho lhallreally profecute for the fame,and firfi obtaine ludgement thereupon to be Recor- died in any Court of Record at Weflminfler, by aaion of Debt, Bill, Fla-int, or In formation, in : which no Elicine, Protefiion, Wager of Liver, Aid , Prayer; Privrkdge, Injunaion, or Order 1‘ ngcfiraint, {hall be in any‘wife prayed, granted, or allowed nor any more then one Impar— ,' lance; And if any perfonagain‘fi whom any inch fecond Iudgemenr, or Recovery {hall he had E as aforefaid, all after [nob Judgement, or Recover] 919%:th agairzc in tbcfizm kind, and [ball Bee zbgreqfduly cdrzoiéfed, by lndié’tmcnt, Information,or an other iawfull way, or meanes,_thae _ _ {ugh perfons {o convi&ed,fi2all befrom tbencefortb difablc , and become by vermeof this A8: ,1 incapable, Ip/ofizfio,to bear: his, and their on Office, and Offices refpeftively, and (hell he iikevVife difabled to make any Giff: Grant) Conveyance, or Other difpofition of any his Lands, . , enements, Hereditamenrs, Goods. or chattels, or to make any benefit of any Gift, Convey- l; ‘mce. or Legacy to his own it fie. ' ‘ — And every periOn fo offending {hall likewife forfeit and loofe unto the party grieved, byany (kingdom: Contrary to the true intent and meaning oi'tbz'r Lav, bi: trebble da-mmgcs‘, Which he {hall fuminfind be put unto by memes ,or occalion of any fuch A&,or thing done,the fame to hereeovercd in any of His Majefiies Courts of Record at Weflmivfier, by Afiion of Debr,‘Bill,_ I, Pl‘ainr, or Information, wherein no Ell‘oine, Protefiion, Wager ofLaw, Aid,Prayer,Priviledge, *5 . InjunCtion or Order of Refirainr, {hall be in any wife Prayed, Granted, or Allowed, nor any, more then one Imparlance. . 91nd beic alfo provided and enafied, That ifany perfon (hall hereafter be committed,refirai-' I ned of his“ liberty, or (offer imprifonmene by the Order "Decree ofarz} fizcb Court efsmrgcbame . ‘ , ' -, or'mh: r Cour: aforeiaid, now, or at any time hereafte- having, or pretending to have the smear Dryejmtzfdifiion, Power or Authority zommmie, Or imprifon as afore;faid,Or by the . Cemmand or [Varmint aftlye King: M air-(m, his Heires or Succefl’ours in their own perfon,or‘ by the Command or Warren! ofrhe'é'onmcflmboard, or any ofthe Lords, or ether of his Majc; 7. {lies PrivieCOuncell, that in every fuch ea {c every perfon {o committed ,refirained of hisfliher, . inorlulfering imprilonmenr upon demand or morion madeby his Councell,or ether emfiloye ‘A j' {by him for that purpofe,unto the lodges of the Court of Kings Bench, 0: Common Pleafiin open ‘ " CodrtJba-Iiwirbauz dcl.zy,~upon any pretence Whatfoever, for the ordinary Fee; ul'uitlly paid for: t 1‘ r thefa’me. have forthwith granted unto him a writ of H (slams Corpus to be dueaed generally un~ malland every Sherifis, Gaoler, Mimi! *r, Officer. or Other perfon in wharf: cu flody the party f"! fileomrnitted orrefltrmned {halibegndthe Sheriffs, Gaolcr, Minifiet', Officer,or other perfont' ‘ .inwhofe culledy the party {0 committed or refit-aimed {lull be,{hall at the return ofthe {aidwrie _, . .mdyaccording to "r’he command thereof, n pon’due and convenientnotiee therebf' given unep ',L ' Hmu'tbeohargie of the party who‘gt‘Equiret'h or'procureth :fuch Writ, . and upon Fecurity byhis. ' ‘ and bond given, to Pay" the Chargéadfciarrying birth the prifonrr, ifhe ‘ihall be remanded by the ‘ .m:, to which he {hall be brought, :35 in like cafes lath been ufed, fuch charges of bringing up I 5‘26) fand carrying back the prii‘oner,ro be alwayes ordered By the Court, if any difi‘er‘ence‘ flrall'ja’iifb ‘ thereabout, bring or caufe to be brOught the body of the faid party (0 commirred,or rcflraine’dg ' 9 unto and before the Ridge: or Iuiiiccs of the {aid Court, from whence the fame writ {hall ifl‘ue ‘ l in open’Court, and {hall then likewiie certifie the true can I e of his deteinour, or impril'onment, and thereupon the Court within three Cortrt- clayes after fuch return made and‘dclivered in open . Court, [had proceed to examine or determine whether the eaufe offuch Commitment appearing .upon the {aid return he jufi and legal], or not, and flnll thereupon doe what to inflate flyall appert rain, either by deliveriug, bailing, or remending tbeprifoner. And ifany thing {hall be orherttife , Wilfully done or omitted to be done by anyliudge,]uflice,0ffieer, or other perform afore mtnti’. ' L oned, contrary to the direfiion andltrue meaning hereof, That then (uch perfon {o offending .ihallfbrfeit to the party grievedfhirtrelzble dammages, to be recovered by fuch meancs and in {M5 ‘i manner,” is formerly in this Aft limitth and appointed {or the like penaltie to be {tied for ' ' and recovered. . . 4 - " Previde'd alwayes and'be itenaéied, That this Aft, andthe feverall Claufes therein contained " fr {hell he talc-en and expounded to excend only to the Court ofSrrnchamber, and to the- {aid " Courts holden before the Prefirient and Councell in the Marches of W ales, and before them; . fidentand Clouucell in the ,Norrbrmparrss And alfo to the Court commonly called the Com: OfCthutchyof Lancafier, holden before the Chancellor and Councell of that Court: And 3110 in the Court of Exchequer of the County Palatine of Che/fer, held before the Chamberlain and councell ofthatiCourt .3 And to all Courts ofli/gej'uri/iiiéiim to be hereafter rarefied, ordained, con/filmed, or appointed areferefaid, And to the warrants and Directions of the Councell- board, ‘ and to the Commitmenrsgefiraims, and impril'cmenrs of any perfon or perfons madc,comman. tied, or awarded by the Kings Majeflie, his Heires or Succefl‘ours in their own perfon, or by the Lords and Others of the Privie Councell, and every one of them. . ~ A“ And laf’rly, prdvided,, and be it enaé’ted,T_hat no perfon or perfons {hall be fued, impleadedi j; *molcfiedmr troubled, for any off: nee againfi this prefcnr A&,uolefle the party {uppofed what": 1??“ {o offendedfirall be fired or impleaded forthe [me within ofmm yeerer at (be; mofi rafter {itch _ tint: wherein the laid ochnee {hall be committed. ‘ ' - ' AnnoXVlI.Carali Regir. . , , An Adi for the declaring unlawfull and voidthe late proceedings? ‘ touching Ship—money, and for the vacating of all Records and e - Procefle concerning the fame. , . . “' 7l-Iereas divers Writs of late time,ifliied,under the Great Seal ofEngldnda common- *2 4 ;V ' ‘jy called shipwrits, (or the charging of the Ports, rTowns, Cities, Boroughs, and: ii i q ‘ ‘ counties of this Realm rel-pefiively,‘ to provide and furnifh certain“ Ships for his Najeflies Venice e And whereas upon the execution of the fame Writs, and Rerurnes ofcertiora-‘i- : .' rie: thereupon made ,and the fending the fame by Mitrinms into the Court of Exchequefi Pm" «He hath bin thence made againi’c fundry perions pretended to becbdrgt’d by way “contribution; a ~ {9: the makingup of'cerrain fume afltfled forthe providing of the f aid Ships, and in efpeeiall in . Err-f?" Team), in the thirteenth yeareof the Reign of our'Soveraign Lord theKing that now is: aert of‘s’eire firms 'was awarded out of the Court of Exchequer , to‘the then Sheri‘ffe of 23631:; , . KING” A Me 8H1 RE, againfi 10' HIV H 1;, MDFN sfquire to appeare and thew caufe, why hens ' F {horrid pct be charged with a cerSain fummc f0 aflcflsd upon him, “P99 “#99? “PP“:lan“ and: "i W t- m. ‘ e- ,. .. -—~- ~ - w ~ -~- ~- -~ ~“ "" tmurter ‘ demurrer lo“ the :proceedings- therein,- the B‘smnss of the Exchequer, adiourned the it lame Cafe lmofl‘le Exchequcr Chamber, where it was. folemnly argued , divers dayesi ' 395331 lengthflma there agreed by the greater part of a .’l the juflil‘es' of the Courts of' King. 'f 39M): 47M Common P135“) and of the Barons" ofthe‘ Excheqzer there a/‘I'cmhltd, th at the (aid 10hr:- ‘ ‘ Hamhdenihould be charged with the {aid fumme (‘0 as aiorefaid nilefl'cd on him 5 The maize , ground: ahd‘rsaflms of the fair! I-ufiirer and Baron: whichfiz agreed, being that when the good and 1M”! of”? Kingdom in general! is concerned, and the whale Kingdom in danger, the King might [I] writ under the Great Seal: of E nglandflommand all his thitt‘h of this his Kingdom, at their _ , chargttoprovide {Indfurmfbfucb number ofShips with.Men,Vi£faalls, andMunitton,, andfim .- ' film ””19 ‘15 therg/hould ”Wk fit,f0rt he defense andfztfizgardofths. Kingdoms, fromfltcb; dam? .‘ , swamped/1, Md [ ’9‘” 5} L473? the King Might compel! the doing thereof; in cafe efrefhfhi’l, or re- fiaflarintfl‘r‘,tahd that the King 2': the/ole lodge bath of the danger, and when, and ham 'thefame' irto beprcvvmtedfih" avoided. according to which grounds & reaions, 21% the Inflices niche {aid- courts of Kings Bench, & C6mon Pleas,8{the {aid Barons Of the Exchequer having bin former. . ll’ ‘0 ifulted Wl th by his Majfflis command,hadfizr their hands to an extraz'udiciall opinion expref. ! .(tdto thcfame pnrpofi, which opinion with their names thereunto was alfo by his Maicllies- ' tomand intelled in the Courts of Chancery, Kings Bench, Common Pleas, and Exchequer, and likeflife entted amongthe Remembrances ofthe Court of Star-Chamber, and: according to: {he aid‘agreemcnt Of'tllc (aid Iullices,and Barons, judgement was given by the Barons of the EXchcquer, that the {aid I OH 7x5 H AM P DEN jhimld he charged with the [aid fumme fosafléflhd on him; And whereas fome other A&ions and Procefl’e depend, and have depended in the [aid Court of Exchequer, and in form other Courts againfl other perf0i15,f0r thelik-e U ml ofcharge.’ t grounded upon the (aid Writs, commonly called SH [PW/KITS ,allwht'cb W ritt,and proceedings - atafottfald, were V TTE RI. T again]? the Law a f the Land. , ‘ . ' t ' Bait thertfhre declaredazzd matted by the Kings molt Excellent Maiefiie, and the Lords and} Commons in this prefent Parliament aflemblcd, and by the authority of the fame, Thatthefaid athargeimpoflsd upon the Sublet}, for the providing and furniihing of Ships, commonly called 7 Ship-money, and the {aid exrra‘iudiciall opinion ofthe {aid Iufiiccs and Barons, and the {aid ,‘ Writs, and every of them, and. the {aid agreement or opinion oftllcgl‘cafcr P3" oFthe {aid 1‘“ ‘1 {lites and Barons, audit-he (aid Iudgement given againl‘t the [aid 101-! :V Hdml’DEN were, and E5; .4 are contrary ro,and againft the Lave: and Statutes o/‘this Realm, the right of property, the liber- : ty aftheSuhitflstrmtr refoluttom in Parliament, audtht PETITION (2F RIGHI‘ made it: H76 t thirdyeare of the Reign of his Maiefiicthat now is. v ‘ And it is further declared and enaasd by the authority aforei‘aid, That all and awry the P‘di’ti‘c' calm prayed or defired in the fitid PE TITION 0 F RI G HT, [77127 from henceforth be [mm exe- 4 tuition accordingly. and/lull befirmty and {trim} holdm and ohfer'vc'd, at in the/am: PETITION WHET ARE BRA T E D AND EX PR ESSSD, and that all and every the Records and Remem- g;- b’rances of all and every the Iudgcmcnt, l nrolemems , Entry and proceedings as élOrefaid. ,, and all and every the proceedings whatfoever , upon or by pretixt 1 hot. colour of any of the (aid Writs, commonly called S bipwrits, and all and every the Dependents on any of them, [hall be deemed andadiudgcd to all intents, conflruflims, and ', W purpoft: to be utterly avoidand difaanulled,and th at all and every the [aid Iudaement. Inrolmcnts, \ Bdnyesfi’roceedings, and Dependents of what kind foever, [hall be vacated dadcancflledin fuch {dinnerand fame as Records ufc to be that are vacated. ‘ - , - D 2. ' Anna _A_ ”~_ .‘Aw.’ gAzm fie]! bl? deemed and adiudged to be utterly mid: and that all and every Procefle prove ra'fng, and '1 . (23) . Ant-to XVII; Caroh' ‘Recgir. _. an A6} forthepreventionofvexatious proceedings touching the" _ ‘ ' Order ofKnigh‘thood. " . A I, Heteas upon preteXt of an anti ent cuflome;or ul‘ige of this Realm of E nglardfilm l. ‘? 1’ men offull age being no: Knights, and being {cited or Lands or Rents, of“): yearly' l i. value effort); Pounds, or more (efp-eeiaily xftheit feiling had l'o continued by'thc , - {Pace of three years next Pm) might hit-compelled by the Kings writ, to receive or takequ them the order or dignity of Knighth-ood, or die to make Fine for the dii‘charge or refpirc of. t the fame55evei‘2iiWrEt: about the beginning of his Majefltes reign iil‘ued 0U: of the Co'urtoi , Chancery, forProclantations to he made in every County to that purtofc, and for certifying ‘ the names ot‘a'l'l fuch perfons, and for fummoningthem petfonall y to appe are in the King; pro; fence before a certain dey,to be there ready to receive the {aid Order or Dignity: Vpon return: of which writs, and tranfmitt‘ing the fame with their Returns into the Court of Excmquer, and uponorher Writs for further inquiry of the names of fuchgetibns dining out of the {aid coup: OfExchequer, Pracefi‘e by ZDF/irmgar was thence made agamfia. verx great number ofperfgng’ many of which were altogether unfit , in regard either of tfiatc or quality,‘ to receive the {aid Order orDignity, and very many were put to grievous Fines and other vexations for the fame, although in truth it were nor fuffici-entlyknown howaoi' in "FITCH: or. whet: they, or anyof them fhould,or might have addrefl‘ed themfelves for the r'eceivmg the {aid Order or Digflltysand for faving themfelverthereby from the {aid Fines,Proc_eiiE,and vexationsc .An‘dzvizcxmitr. mofl appe’rmt rim: a! lad 61337)]qu proceedings, in regard of tire matter Mama pretended, i; am; get/yer ufilefl}: and unreafimblc 5 May it therefore plcafi' your mail Exec/Jen: M meflie that it bgt byzauthotity of Parliament declared and entered. ' '- And be it declared and enafted by the Kings moi! exot-llent Maieiligand the Lords and Com. mons in this Parliament aliembled, and by the authority of the fame, That from henceforth ”no ,aperfim arperfims ofzvbat condition, quality, rflatcor degree [a ewrflmfl at my time be dflrained ., or 01120ng compelled by any writ, orprocefi oftbe Court of Chaucer’s or Court of}: xcbquer, or 01bcrwi/E by any mmguwbrrfoemr, to receive or take upon him at: them refpeflimh, the Org deror Di wiry ofKNIvGHTHOOQD norflyw fafi‘Er nor ant/organ») firm trouble, or mole?" iiation w“ tfdever, by reafon or colour of'his or theirhaviog not received, or not taken upon him or the m the (bid order or dignity; And that all and every .lVrit or Procefl‘e wllatfocver,and all and every proceeding which {hall hereafter be had or made contrary to the intent ofthis Act; Chat ge now depending by reafon or colour of the {aid pretended cmflome,~ or writs aforeftidflf .. or ofany thedependants thereof, {1131] from henceforth ceafc and fiend, be and remain difehzr',’ rt gcd and Utterly 705d .5 Any farmer Law or Cuficme,or any pretence of any former Law or 611-“ q . flame, or any other matter “hatfoever to the Contrary in my wife notwithfimding. ‘ "5 I (hall'concluc’le t’hiscolleflion at prefent with the Bill ofAttainder, p10 againfl Thoma; Earls ‘i ~ofvStra ordthis prefcnt Pariiamenr,as I find it printedin the 303, mg. ofa hook printed for f Will. oak at ,Furnifhll: lzzne gate in Holboumc r 64 1. called Speeches and Prflagempbf, Pare -r'limetzt,fr.om ”75 3' NOWM- 1640. to this iufiantpmc t 641. which thus followed). v' 4 ;£, 'VI.’ 71" -‘ '_ .. ‘ (‘25) " gTh/e Billof Ataindeit that pafi'ed againflsTfiomm Earle ’0? lent Parliament afi’emhledflmvefin the name ofthtmlCiVCSa‘ and OH” “1?- Com - in - . t mom of E zzglaaed, impeached Thames, Earle of Sitraford of high Trcafon, for endear % nearing lofubvert the merit»! and Fundamental! Lam: and Government affair M air/fits Realm: f; ,of England ami Ireland, and to introduce an granary and Tyraanicdil 0000771119”! againfi Law E int/Jefaid Kingdom: 5 and for exercrfing a tyrannous and ,exbOthitam power. ' tov‘e‘r‘and againfl: “i the Lawes ofthe‘ laid Kingdomes, over‘the Liberties, Eliates, and Lives of his Maicfiies Sub- 5130.5; and likenife for having by bi: own authority, commanded the laying and aflizfing of Sol- . dim upon” his Subitft’r in Ireland, agaiafi tbeirconfemr, to compel! them to obey his unlawful-I; l commands and orders made upon paper Petitions, incaufes between party and party, W hiCh 3C“ Cordingly was executed upon divers of his Maiefiies Sttbiefis in a warlike manner, within the i. .faid Realm of Ireland 5 and in [3 doing did LEV IE W A RR E again]? f be Ki”? Maieflie and 55’ atgcpeople in that Kingdom 5 And alib for that he upon the." unhappie Difialution of the lafl: Enlistment did [lander the/HOME of Commons to his Ma‘iefiie, am} did ”WU-‘11 “”3 advifc his.‘ ,, Maie ie, that be mu loofeand abfolvedfrom the rule: OfGotzernmcnt. and that be bad 4'2 vim! w in Ireland, by wbicb be might reduce this Kingdom 5 for which be de ferves to undergoe the pains and forfeiture: of high Treafon. : :, ‘ And the {aid Earlhath been alfo an Incendiary of the wars, between the two Kingdoms of England and Scotland": all which Offences have beenlufficiently proved againfi the {aid Earle upon his impeachment. ' ' ' ' ' ' ' . Be it therefore emitted by the Kings mofi Excellent Maieiiy, and by the Lords and Com; mongin this prefetit Parliament, and by authority of the fame, that the faid Earl of Srmfibni for thehainous crimes and offences aforefaid, (tend, and be adiadged and attaintcd bfbigb Tree; [mend jba’dfnfiir [tub pain of deal b, and imam .t-befbrfet'mre: of bit; Goods, and China’s. Laudt,Tenements, and Hercditaments tofa'ny that: of ft ee.hold or I nhefitancé in. the laid .' xifigdomg‘ofgfigland and Irelgnd', which the” Paid Earl ,, or any other-to his rifle, tori-infirufi for: bjni,~have or had the day of the 15:3 fitting of this prefentParlgament, or at any time tinge... ’ i Previdédtbat no.” Iudgt or I (edger, [nflic‘e'er Ire/titer whetfieWi‘fidfl ediudge or'interpret' any 3; At? writing to be Treafim, 7107‘ it: (my other‘mnner than be or tbeflbozdd or ought to brim done ‘5‘; him the making of tbz‘i A63, and as if :55: AH bed never been bad or made. Saving alwaye: unto .. all and fingular perfons and bodies, politique and corporall,‘ their Heires and Suceefl‘ors, 8thers. game (aid 5. it! and his Heires, and {itchas'claimbyfirgmyqrfinder,hint, all {WC-h right, title, 'dfintereliggffin, and to all and‘fi n' 'talj'rsfil‘iEh or the {Sid Landfigfeneéfinifi and Heredita- ‘ ;.-' Mama; he, they, or any of thern,‘ hacibéfotc the Era da’y'o'fthii Pfficm Rfiliimfiflb any. . thing 3» . herein contained to the contrary norWith'fianding} ‘ f ' ’ i j V H _ a I _ - Pl‘OVidCdéthat the paflingof this prefent a&, and his Maiefiies afi'ent thereuuto, {hall :10: be f .my'_ determination of thtsprefent Sefliont of Parliament, but that this prefent Seflion 0f P31“ 1 - iiirhent, and all Bills and matters whatfoever depending-in Earliament,and notfully enaéted or .f (Weighed, And all Statutes and A €ts ofParlianient,which have their c'ontinuanCe “Mill thc‘ f‘filgflhii‘l’gife'nt Scffion of Parliamcnrefhtll remain». continucrand 56 in full W9“ “‘1‘“ w— a not Can. - ‘ ‘ ‘ ‘ E ’ l, VVHereas t‘ne'Knights, Citizens, andBurgeffc: of the H‘oufe of 031311101155 in MSW”?- Not! 3' ”ti/30) ' ,Now-tag:there‘tmntconcnidnorstatutes; Imaltgtveydttrdmééméfilt “ heads of things’f hint l conceiveéatexvery .,negeffary for you to know, for the prclcrva non of i . ut livenlif'Bét’t‘iésnind c ' "3(6an this murdering robing plun- ldcrmga and . la .4. id libettydeflroyingage, and becanfe tythcs an: of {u t . . concetnt'nent t2? the hOnefi 8c nownfubflantive free men of Englandfind-o _' dayly a grievan ' go the conléientious and moral iufi men ofthis Kingdomc, by reafon ofi dig Priefis and pcrfons cove teous indeavouring to rob the 960‘. A, plaiof thetc.;trt§l.'y¥c-omeby goodgwhich they: have no tight unto, eithet'b’y the, LawcéofG-i‘ ‘jL-erafO03CQUityqu‘ nature, againfi whichthat you may bathe ‘bet'ter‘forfifi ‘ ;_Flh’all Inferth'e're the'pliea’ and anfwer ofWilligm‘Zi’rowm unto thebill'ofthc‘-7p$foz1ofStapny,withlome marginall n0tes upon it, and foam Other things; depending upon it. The plea thus {Olloweth.. '- , ' l. .. t “, v ‘hfz?! l 4 [he Plea «Scan-fwerof Wzllmm (Brown, 0116 of the defendants ' ’ ' ‘ to thg’ Bill-of complaint of 9°0be Hayle,intituled by the {aid bill Daaot of Divinity, and vicar of the 1’ arochiall church of Stepnq, alias Sggpééagfzgmzb‘t‘n theCoun‘ty of Wifx’lefi’x pretended debtor * r» “ “to th-e‘Kin'gs"Msj'efiy‘ ”that “'0‘” is- He faid defendanthy preteflation natconfeffing nor acknowledging any thing in the {aid .' 1 hi! ofcéplain't material again& the faid defendant to betruc,but rather devifed 81 fet forth ‘ r ofputpofe to put him this defendant to wrongfull vexation coils and charges, and expcn. ces in L mg. for plcn‘fafithnhat by the. plantifes own thawing forth, the complainant hath no jun; taufgtgfige th‘isdefe'ndint upon hii {did‘ billiin‘this: honourable Court, neithcr’is this defend, ant comjzeflttbyletognl'wet'thefgrnejg‘t; that theféicl'eoniplainant by thitvfaid hil‘ alleadgethgnd faith gingham; :‘m‘d time out'of'tnihdc“ [( Where of‘the .tft'e'm'ot’y of man is not to theconttaty‘)‘ bath been'aé‘décient cufliolme‘hnd afltge tb‘dnbe inbahifahi'; bf: befaidpariflt, have alnz'ayetpaidgn. to the Vicar: oftbefaidpzz‘r‘ijbfdr the time being, a campofirian rate for milcb comes-,orcluzrderzr”.~ dens, badgaudfaw'es, and ablation: ofpoultry, at 27': the [aid bil of complaint is fit forth, which if _ ' ..\ " I _ ‘" . K ‘ V. ‘ , any fuchcufiome and ufage be, the Game .18 triable, 2‘ Thisiéi mif’c‘akieijfof fihbz:?&duh.¢eIf-gthat-~ gap-the; QOMMONIan‘and'nog intranhonoumt; ‘drc Welafic'fildafqr 635?? bythéfiiiltLiitEW 'Tétblfiiciffirt ufp'ofilthsi {2in bill of ‘,'C<§mp}?int: Andi : ofthi's’ Ktn’gdome‘ ,"‘ai‘“'c' only recoverable”. ‘ ’th‘étcforethls Defendant humbly“ ptayeth ju dgcfi ‘ inthc ccclefiafilcall courts, and noeat the .ment of this honourable Cautt, whether he {ham} ,- common law,as fully ma clearly appear‘es make‘any further anfwcr to the faid complainant:M by the 19f 55L 6., chgp._;‘gf glad the “51¢, Bill'of Complaints. Neverthelefl'e if he this DCan-g fiaflicall Ihtifdifiion’is’ifotally', 'aboliflijzdifiy ; J dam {lull be’ordetcd to make anylfurther, crochet]. ' aft ot'.ga’t'liathetit,k_h.i§ p‘fre‘fen't [igtliiénentf ahfifwer untothc faid. Complainants Bill _,ofCom,. L am'ra caraziqtegn f '7‘" "l‘o""that“ by” My? “the" plai'n‘t, then “and nOt oth'etwnl'et this Defendant, 31L Parfons can recover no tythESg benefit and advantage ofexceptxon to the unccr. f - tainties 8t infufliciencics of the faid Complainants {aid i '4 amalgamtomtm’eténdmegawatt at. (stir) . 7., . , i r f a . ., alarmshcrcafitrhvefiafior{65113:tame-thaw “0311113 Defe'ndahtfatth 5 przztibe'imrélj'bc‘fee‘vet b, i; fob: true,‘tlj‘etfa‘rfqme'bundred efyeare: whi‘levthe Kingdom groanedwzder the Paprallyo'akeflnd was /ubiet5f:’t9--thc~1’opcr fuprmzmeiTyrb: ., L ., . , we» 1"."- -~ v‘cohfl'"-‘—l~ ~- . ‘ , . updatermmemanmr of Tytbmg andotber ohratzonr‘rrere exafied 4724‘ faéemyb] the. PAPA LL B;- :Ibquléarfom, Vimrr,4ud Citrate: ofmrmy Peri/bet, grief (czxg'neqtzparntéqgibi: ngdom, until! thezpotres‘ {uptemacie and iarifd-iaion'Within thrglggngdorrt’eggnti3111’”: jye‘ 91:0 the fest ofRome - ' were a‘h’ro atedandannufle’[brdesirs feverail \ “ I“ " ,. ,7 .‘_ , . .1. ' V '_ p.37 ,: arr-w . ‘_;.~,. {.7 ... .- -.,.~ .. " "p”:g’PCflllW‘ffl mamtammg'rhe authority 'Sttttu‘tes.1| ~Andthrs De,fendaflF,V§r-rly heleeveth, of the Bifhop of Rome 1. Elif. Chap 1. mety- to-‘draw any fubjeas from their obedience to the King to the Roman reli~ 'rhat'thel’bpilh fii‘fbbpt, Pfiféhi‘fiad Vim“,- and their Subfliwtes,’fince, retained and continued in the Church of Englandsdid afterwards receive and rim-Mm- ~ * . ' take tythcssia‘n. ..'k;¢;r'mi.ri.mttfi¢;t 0f trthislgtnd 0- g 2;; ‘ A ~ _~~ A therwarren;etmenmattmfeshithtn‘thigkmgg dpmeyfor. their wages ;Curc and reading i be’Boo/gof 6015571 fifyyhfl‘f Ahd‘thiiiDEfehfierir faith , that the fi-id‘inhsbitants of the iaid‘ Parifli, in the faiti b’r‘ffffii‘fehtionEd'hr an} (if t ebb, did never pay or were ever accufiomed to pay unto any Vicars ofth'e t'aidiparifh, the {aid compbfltion for miich Cowes, Orchards, Gardens, Lands, and 80wcs, or other ablation: as in the faid biil is, andfet forth, orany other compofition or rate for the fame," but only to fuck Vicars thereof as tifTheina'nres ,y functions and [flier- ‘ bf; Bifhopsare taken away. Ord.:9.v Ofi‘abi'fw 1646. and their Epifcopall iurifdifiion and power with their tythes, Vicarage:L prrfonages, Stet “'Sce the 13.151713 .ichap. 532: were made and oraéineé M'ihifiéts by the Bithops,‘ Prime or dae'ofthem.fA'nd What com urine!) or Fate for" ntiich COWES,"Qi'ehiréégGardens, Lends or Sowes, or Other obiitt'io‘n's the {aid Inhabitants or any Of, themdid pay unto any of the {hid Vicars ' ’ far the time being of the {aid parifliin'the {aid Bill . mentioned; firms" the abolifhingfi of §the Popes {tr- ‘ - z . . . . ‘ ., IPfcflladc"thtfamfiflespdyfid.fozaflicittting, ret- d’éngthebook'ofCommon’Pr‘dyergdnd admi ' " nifiringt eSacraments, and prenchingficcprding tothe [anons and confittutions of the Biihops and their Clergie‘ * And what compofition rate for tythes or orhertoblations this szendant or any of the faid Inhabitants hayepayedunto the {aid Complainant, the‘fame was unduly‘ {Raftedjhy the t . Comglgihmg (gas-"the {aid Complainan t thith' no right-not; title byl-eolohr ofa’n'y fuch'prefcription or cufiomc where and demandthe {aid compofltion rate, for therggergifgs or """ yiioi-..,t hffigodtihigDefegfignr, as in the (kid biilis fct forth and demanded ,for th'at"b?‘2u‘ti‘forrty‘o? ”thtéfirei‘cnt Parliament the function and Mini- r Hierarchy excerpatcd * m or; , and 5931:1551} ‘ -, and government hy‘I’rt-Jlacy,’ Whereof Vi- r rs be part. See the Ordinances ofrhe 9. \ bfia-fioan-d the'r'6trzgippmb,’ 15476.. '2. part. hook decl. 7 “gang , K'I‘haytheihm Mr, Hoyfe theimgtefcozvexyogggaetitionér, caufelefly {etvcd your PCtitloncl: ; . ‘ ’ “ ' wit i. p4 I“ “Q E? F: 1' x, , {gtfwermhich Mr. Hnyle will without doubt do,if your honour give ' La, 9 i; rm Petitioner tbrrefirt'htmbly praytth, that 7971; WI] it pligfi‘dfarthe’ low and. l l "without c/Mkor afimt and allowed free!) t 0 111er am tn the Cow’mefi’fiam' . , (33) Willie submit ant'w er a bii i in the Court of exch’eqm to: pretendéd tyrhei; and other duriei thwhr'ch Bill yOur petitioner in Michaelmas terme lafi, an‘i'wered by advife of his Coun‘cel learq ' " « med inthe Law, divers other of the {aid pariihioners being named defendants in the .Qid'gBill, but not (erred till Err/fer rerme Iafi, of purpofe to put them to themore- char. its}, and weary gathezn ,0“; with: ‘, multiplicity of .Suits ,_ and unneetfl'ary Bxpcnccs in: am ‘ ‘ " I That the [aid Mr. Hoyle procured an Order of this can: that your ”Petitioner (haul! \ caufe by a canine day in the lafi Term: whyyoui‘ petitioners Plea , and Anfwer . Glould not be taken of the file as feandalous, and your Petitioner ordered to pay coil, and make afur— the: and better anfwer. ’ That your petitioner inobedience ro theorder of the Court by his counccll Mt. Marker; and Mrs Wgfitttnded {evcral dayes’ to {how “ejaul'é for‘alltiWiin’gih-it 'plea and antwenbut when that ~ caufe was called upon, your petitioners C'ouneellours were not inferred to thew forth to the Court the fufiitiencie in Law of your petitionersi'faid'plea ind anl'w‘er,‘ Baron .Atkittt telling your petitioners counfellersthar MnFage who {ublcrib'd the famghis hand fltould never be receif- Vedagainin that courr,&further threatn’d your petitioners councellours faying that i f they orany Other Councellours {hould appeare in any fuch caufeflnuld be debarred from pleading in that: Court,whereupon though the faith- N other 1 8: Mr. King were prepared able and ready 8: had undertaken to maintain your petitioners raid plea and mirror to be good and foffieienrin law, 118 f0 oyretawed by Baron A thin: that {Or-fear: to offend hi in and the Court they wereyfilfiefine‘gd, find it) without further debate,or Connecl heard, your petitioners Plea Was over ruled) 266 this Anfwer Judged feandalotIs, andinfufiicient, and your petitioner further; ordered .to payifo‘rty {billings coil, and make furtheranfwer. ' ' ‘ ‘ , That your petitioner is afree. man of England, and bythe great charter of Liberty ought to Home: the protedion ofthe Law, and ought nor to ‘be'eqndeqmedunheard,neither agreeth it :Witl'lthc honour and juflice ofthi-s Court to deny . Qouneell to piead and (pen their Cl’yc‘nrs ” eafet'as was done in your petitirners cafe , which yourpetitioaer hopes you will refiifie ,and ‘alowhitCouncel robe reheard,an~d to fet.forth the fufficieneie in Lamb? his Plea and An.- (yer, whereby your petitioner may nor have caufe, or occafion ,to Appealc from this Court; jorcompla-iue ofyouto the Parliament for obfirufiing o¥ Juliice , which if your petitioner: receive not timely redreife , and . reliefe, in the. Premier. he 'muft be eonlh‘ained to do." ‘ That without ever any orderpr further procefl'e {trying .the [aid Mr. Hoyle 'forivv‘anr of fur- :tl'ler anl'wer hath prolecuted l'ev'erall proeeffesof cont‘emprs againfi your petitioner, and throat:- tledtolay your petitioner in Goale, pm a Commflion of Rebellionlor the'fa‘me,_andlhath 'l'ttvetl your petitioner with a Subpcm for forty milling: coil upon " '" ,‘ itioners firfi fitment! " . ’“ (fent order for flay of \urther proceedings upon the faid {an lubpmagnd procefl'e of scome-q'ggglgeady ta’lren outag- 2831"“ your petitioner. - ; a . y :m ,, I boxcar ofjufiice andrt‘mowing thwart/e- of your petitionéffttpptale from tbe ' Court and’complaining of you, thirty” will give direfiimfor [in] oftée/Jtid :~ a" ’ 300]? and proceeding: upon the [aid Rraeefl'e: qfcantemptt ngéimfig your petitioner, ! ;. f [and that you Wildeclart am! under that 7.27m- ‘Petitimerr comicalmy he “heard “0 by _ (34) dam in?! of'ywrpetitioner: plea Mel‘s/w” to the end there ”’47 not 5e afeils‘ er ofjuflice through yoummi your petitioner left without relief or remedy, 6] 6“. "ing deniedto 6e heard upon the mirit and equity of hi: com/3' according to Lam which in the war/I of tzmee,by tbe'Worfl hedge: mu never done to em] either in the tale of/biy-mmy, or My other Mule 45 Burton, Prion, and Bafiwicks «fer, a .411 orbit/710w petitioner referet/a to your honourable confiderario». _ ‘ e/Ind prayer/9 4: 6e fore he barbpmyc’d. @0; ' - William Browne. To the right honourable the Commmons aflcm}. 7; A » blcdin Parliatnengthe humble petition of W311. @rtwnof' Steppe] alias Seek» bead: in the Coun- ty of Widlejex. SHEWE TH , ' ' it ‘ Hat fajita HoyletViear of the parifhof Stepney aforefaid, in miebaeIMdr t‘e‘rme'lal, *1? exhibited his biil in the Court or exchcquer againfl your petitionergnd dive" other ' pariflaioners there, for fubflraaion or tyrhes, to which bill your petitioner by his leat- ncd councell pleaded and anfwered the fame terme, but the raid Mr. Hoyle obtained an order from that Court, for your petitioner to fltew czufe, why his plea, and anqu Stouid not be taken ofthe file as f'cqndaious. . _ .. P That your petitioner a’ccord'riig’ to the order ofthat Court, the x 8. May 133, by his counfeu 45‘ Mr. NORBER] and Mn. IQING Offered to the Court to maintain: his‘ hit! pleaand anrncr, to be good and fufiic‘ientin Lambert Baton Atkins One of the Baron: of that Court, would not {ufl'cr your petitioners councel to open your petitioners caufm’» a tbreamirzg manner rating the»), , tbat tbe Couneellour who fub/Zribedyem- petitioner: Flea and arr/ion, [5on never be cliched in what Court, and :ftbgr ( meaning Mr. NO'RBERT and Mr. KING ) or any other Counéellour did appeare in any fuflzcaufingcj Ybonld never ageiue plead in that (ban, and ['0 your petitioner; faid counc'elliwerc ov’rrawed, and Gleneed, that without further hearing or debate,the Court adjfldgedyour petitioners plea, and what fcandalott; Sand fuzhet ordered Mr. Page Whofigned the fame, his‘hand thauld never be allow cd to any pleadings in that Conrr,:md your peti timer to pay forty {billings coil toMr; Hoyle. as by the order in the Court in that caufe will appearh; which doing‘of the faid Boron Atkins and the faid 13R recited Orderare Contrary to the rule of ‘juflice, and the great (harm of Liberty, wherein it it [aid Iufiiee and Right flmll de denied. ‘- .. 1'0 ”0 W”. C That the {aid Mr. Hoyle Gneemithout‘ever ferving the {aid Order upon. your Petitioner, be: i’ yin; procured {everall proccifca ofcontcmpts againfi him, for want of further anfwer, andferyed ‘~ .. him with a Subpwa for the 40. :- eofiqour petitioner thereupon inving petitioned the Baron: ‘ of that Court fotj ufiice, and to have Miami: to {haw forth to the Court, the fufficimcic in law ’of the {aid plea and anfwer, which Mr.NORB£RT and Magma; had before undertaken to i?‘ you! ““6999!!! 4.963309! Pffsrsése she €29,591! tho might have been ”heard, (as may we ,, t e . , not); or, (as) t nor) to have maintained {or good and Efficient in rm, which petition hereunto innextdfiaeg - Ttttfttthav'mg read and acquainted his Brother 42!;an with the contents thereof. ‘Bamt Atkini‘ 'i V aplyed andlatdflet new» Complain if he will‘dhave done him jufiiee,’ his bufi'nefi'e {hall be ‘ " tumor: heard. And that your Petitioner being depriuedgnd defiirore of all memes of obtai. Ding right and jufiice in that Court, is eonfiraihed ior his own faferie, to forfake his own houf‘c and flmilie ,and live a: an exile and fugitive, Mr. Hoyle threatning to calbhim into prifon,up- on the bid Baron: Order, which doubtitfl'e he Win doeto your petitioner's undoingfinlel'c your petitioner be protefied by the juflicc of rhts honouribfe houfe. That your petitioner hath largely and many wayes manifefied his good afiaion to the Pm lidmztiin his free andvvoliunrary gifts and contributions,over and above his abhnie, and by his ready payment of all taxes and am fl‘cmfnts, havingllong voluntarily. {ervcd the Parliamen- ‘ in this war againfi the enemy, to the often endangering mum, and the much impoverifhirig é his charghaving ion 1 6. Horfcs in the Parliaments (twice, for which he hath nor had one ' penny fatisfaaion. bcfi-des almci‘t too. 1. due to him in ArrCflS for his {twice a: a Wagoner . r , Thatas your Petitioner is informed. Mr. Hoyle by lameannct fue your” petitionerin any 2 5‘ Court {or fubfiraaion of Tyths,then in the Court Chriftian {0 called, :T *2. 8t 3. Bd.& r g. * the {amebeing now taken away by authority ofTar‘iitmet-ir.’ And fo ' Coo. ii. a. fol. 1 g . Mr. Hoyle if in cafe the fame were due, a: they are not, he hath no memes ‘ i " Sec rhea & of the or the recovery of the fame, but by the Ordinance of this patent Parlia- v ‘ .17. ofC.R.for abolu‘ ment,whith your petitioner did never oppofe whenfoevcr the {aid Mr; T: tion of Ecdcfiafiical Hoyle did take your petitioners good: upon the fame, as romaine: he jnrifdiéion. . did amounting to a confiderable value. _ , ' ‘ Tour (Petitioner therefore 5710151] prayed; t/n': banana”: Houfe will be plufld to . take yeur Petitioner under prottflion, tofl'ay-tlae coritewpt: and illegal! prone-'- Jiflgl Oer- Hoyle in that Court againfl your petitioner, and to all the/aid Baron: af'tbe Exchequer, and in particular Baron Atkins before you, to’ tin/aver thi: Petition, to the ena'accardittg to ya" man} "Declaratimt’, Tromiftt, and . _ I’rotefltt_tiatt.r3 iii/{ice may not be obflrufled, or year Tetitiam delved the bent-3' ' . " fit of the law, or priviledge of tifree borne Denim», And the [aid Zero!” re- ' ceive/uc’b condigxe pattiflymnt for their uniufl dealittgandfraceediugt again} your Petitioner, a: [bail feenee meet and agreeable to the wifedeme and iuflic‘e of tin} honourable Houfe. The like not an] of the hedge: in the War]? of time: durfl . ever doe, that ewerjoar Petitioner heard of .: _ Aird’our Retitiatttr ifbe inqbe ‘9 , , ‘ prattfi'ed and granted 6} tbit bonanrable Hey/e, toaprofecute this Pet Matt, I» willxiwficuritieta make good the content: thereof. ‘ _ . ' And as in duty houndenl your , Petition“ (ha! i ever pray, sec. - ‘ Wo‘ll. Brow». ' - Take notice and mark: it web! , that though ryths It: bylaw to be {tied for in {Eccle Ethical} ; Courts only, yet treb’ble domages for none payment of tyths, are to be fired for by the fame Sta- threat“ the hand 3. Ed. 6. r 3, in Civil! Court; at the CommonLafi’,‘ And therefore the ME ’plca to a bill of trebble damages, is that you owe the Forgot), Sic, no tythg at 3th, and'put him to prove the fitii. . E ,2 . 4 Here l ' _I.-Icrey'o'u fize whet gallant Iufiice is to be found amongfl the [ridges at ‘ l 1 Weflmiqfler Hall,that thepltaders of honeflcaufea cannot be fuflered to prefle , the law freely for their Clyems,‘ but-mutt be threatned and commanded-rd ' hold their peaceaibelore they" haVc prefied fully either law or reafon for thofe’ “ that hire them. to be their mouths to doe it for them. " - . ‘2 ' l ' Is this to perlorme their oath 2 Which you may read before, pag.’ 1 o. In Which they [Marne doe equal! law, and execution ofright to all kind: e] men, ricfi . mid P9,", wit/you: haying: regérd to an] F erfon, or perfam what/oever', wind that the; [ball deny to no ”uncommon right, by the-King: letterx, nor iron: other mammor ‘ ' for no other mafia, and in cafi any. letter: or command: [ball came to them, contrary to ’ the law, that they [7241! do: nothing by fuel: letter: or comment/3, 6m proceed to execute M the law notWitbfimdirzg. . ' l, ' , Or is not this their dealing, with MnBroWfi and his Councell'a clearc de-f l m'o'nflratfon of their breaking their Oaths? and abfolutely forf wearing them; _ ll (elves. And therefore feeihg'neither Mr. Brown, 00: no man the thatcomr-s *5 plains to the parliament againft the'i‘niuflice of the ludgem can get the leafi ' _ inflice agamfi them, is not this, and orher of their vifible breaking of their ii Uarhs a true and legall c‘aufe to indict them for periury 2 upon which if con.- :: vietiqn {01135551 {my are rip‘foféflo', difabled for ever to {it Iudges any more, at tobef‘tiritnefl'esinnny ,egufes wha‘t‘foever, betwixr party and party. ll ‘ For this is robe taken notice of, that if "alury bring in a falfe verdi& againfl ' [l the exprefl'e evidence given in unto them, thetthereupon by law. they are to 1 l; have their houfe‘s railed down to the ground, and never to be built agamc, l {£3911 3&5ng up by EhCIQQIS: [their ground to lye follow and wafhwith- billiilillégc or (lie, their Denice and thein childrens to be infamous reproach-i run, and Contem-ptable. see; And thereforewithout doubt,’ the ludgesjpunilh- men: {cit palpable i‘ni’ufiice, muff needs be much more then theirs. And an ex-'.— ecllcnt piece of i’uffice, and worth the big hell commendation, it was in King ' _ o . . o _ “flared, to, hang 44. lufiicwinzone year asmurtherers, *3“ Andrew Harm; "fprjihcir falée'iudgmcms.* ‘ . .1 . ,. mirror of iufl‘i'ce"'in Bur feeing thelfet{orieVi'carsfiz curates cannot recover llll gngzgfi,cbap,5 ,nglg their ty‘ths by lamthey have‘nniufily 8e illegally go: up w 1. ”$239,: 4.0.24.1 . acufiomuo come or {end their illegall Agents into mens l .343, @e. primegjjqn * grounds or homes, to take ,eway their goods and chat- N a M“; W‘Igflk 3.4; ““3, and men-arc {o fooliih as to let them, although ' 5 ill?! Grid}: Innegm‘ear1645’ tethered/.1555" 9’5"“ ”3/“ down, flick. Ito-0U! mqfl Mt”: " » «signing we wqrrbmr reading. A 1- - - b‘ , l 5: R s t 5.. 35, Le: E's, F ‘v’ r: l (37) by law, if any man under any p-retenc of; authority whatever, {hall dare to ,Cndcavour by force to come into a free-mans houl’e, unlefl'é‘ if 64 under pré‘ tense of Trmfan or Felony committed, or fit/fitter: of T reg/amt)? Felony, br'ro [true mxmn‘wfier Mew: fer the King, the free mm may fiend uponms, guard, 35 againfi {0 many ThCeVes and Robbers; and if he {hoot or loll them every one,lknow nethmg to the contrary, but they have their mends in their own hands: and theysnor none for them, can iufily requre any ofhim- " Which writs. of Replevy, you may have . outof theCufiters clfiee belonging to e- my County, but get at one and the fame ' - Qtime a writ of Rapier)“, a writ of Alfaf and a. writ of Plurics, which 13!! Writ runs with a penaltie , and if the Sherifl" dot: net execute it, there lye: an attach-. them againfi him. and in cafe he return that the goods are fold,and gone before he " ~ tould repleve them, or drove into another County, tbtnjon may have a Cupid: in witbemam to difira‘tn and take the parties ovm goods, that caufed the firfi goods to be diflrained, or any ofthofe that had a hand in difiraini’ng, and no fuperledea: . whatfoever w ill lye to controule, or dam the Writ, or hinder'th‘e execution of it, which writs with all other in force, you may read in the Law book called the Re.- gifiet, by the help at which,.you may make ' ‘all the ParfonsinEngland goe whilllefor the'r Tyths.WhichKegifler deth very well deérve your care and pains by authority tO" ‘. 7Betra'nflated into E'nglifit. . . , .\ . . But that you may not refi man 1mp‘uc1te beltefe, I {hallgtve you the or themsthat {o in his Dubai]: own legall defence defiroyes them. 7»- ~ , And if they take aWay your goods as ufu’ally they doe. you have your remedy at law by way of Replevie toget 9< your goods againe, puttmg in baile to the Sheriffc to anfwct the law again-ll: him that difirained your g'oods,8{ {0 you {hall bring him to a tryal, at law to prove his title or clameto your goods,aud this J conceive to be cleare from the Statutes of War]: bridge, in the 5'2. H. 3'. Anno- 1267. Chip.1,‘§: 3,4. 155, II. and 3. 3:3 3’. Chap. 17. Compared with Sir Edward Cook: Expofitlon upon thofe fevetall Stamtes, in the 2.. part of his lnflitutes, fol. 1-03, 104,105", 106', :07. 13-1,; 13:, 133.139 r49, 141. 193,194; and-his dtfcourle in his firfi part Jolligmtssl‘ib.‘ ’25.» chap. :2. Sec}. 219. lo. 145-. " , fore mentioned Statutes verbatum.whi‘ch thus felloweth. f 19 . Chap. 1 . fol. 136. The pennhiefir taking 4 diflrefle-Wrongfuilly; . 7 t Hereas at the time of a commotion late fl'lrred up within this Realme, and alfd’fithe‘nee, majo' ny great men, and‘dtvets Other refufing to be jufiified “by the. King and his Court, Ill: :39" ' ought and were wont in the time of the Kings noble progenitors, and alfo in hit-"time, ’ [toolrgreat revenge: and difitelles of their neighbours, and of other, until! they bad amend: and - j”; at their ownplgafnre. And further fame of them would nor be iufitfied by the KingSOfi‘c _' ; Jets, nor would'lulfer themro malt-e deliveryof finch difirefles as they had taken of their own ‘. anthem? :xltis provided,agreedxand' granted, Thar “Pal"??? as» wel! ofbigb as of law 9124",: fl,” “mm 1,425“ “the ngr Coart. And nottc fromvhenceforelt! {hall tnke any fuel; revenge or edilllell'e ofhis own authority without award ofiour Court, ~ though be have ddeégeor jniur‘y, : Merely be wwldbane amend: ofbtr neig‘bbqqtj either higher at lama And anon the forefaidéAéd \"i I“ .l “ ll \l M r . (38) ' tide his provided and granted, that if any from henceforth take fuck m I h ' x 1 . H, 4390. 2.. 47, venges ofh‘is’onn authority, Without award oflthe Kings Court, (as bei- 1 Ed. ;. (0. 743 Ed. fore is (aid) andbe eonvia thereof ,he find! he pannflved by flat, end the; ,gfig 48,41.Ed ;.fo. according to the trqua‘g‘e. And Iikewife it one naghbour take a dinrcfle 26. I 7_ Ed. 3.fo. 9. ofanocher without award of the Kings Court, whereby he hath damage, he flnll be puniihed in the fame wife, and that after the Quentin} ofthe arefpafi‘e. And neverthelefie fuffictent and full amends {h 111 be made to them that have {attained 108% by fuch diflreffes. ' _ Chan.‘ 1. None but faiter: 1124!! he deflrainch‘to come to a Court. 7 ‘ Oreover none (of what efiate fo ever he be) [hall diflrain any to '4". E- 330- 2-6 47 . come to his Court, which is not of his Fee, or upon when: he hath an? E» g. {0. 7. Fitz. Inrifdiéfioxfiy reafon of Hundred, 0: BavliWick, zzarfball take ‘Diflrtjfit Barre. 28 x . out ofthe Fee or place where he hath no Eatiwick or mri/dtltion. Andhe . a that ofiendah againfi thxs Statute,thali be puniflxed £11ch mannerfind that according to the quantitie and qualitieof the l‘refpafl‘e. ;.Bd. I . I 6- Regifl f0. 97. _A Chap. 3. A LIord/hall notpdy a Fmef‘or dzflra.,s:rzg 1m Tenant. _ F any, ofwhat efiate [never be be, will net {ufi‘cr {uch Diflrefles as he hath tiken; to he delim- redhythe King: Officers. after the Law and Caflom of the Rea/me, or will not fufibrfllmonr, Attachments,” Exewtiam ofludgemm: givenix , Fitz; Rafcou: 2.0. Bro Tt‘efpas I 6. ;84 . the King: Couu,to b: done,accordtng to the Law Putz. D; n. Io.Fitz. Hexior. s.1.H.7. fo. and (.uR'Omc ofthc ricalme, a: is aforefaiJ, bee 9. 19 H 7. f0. [4... :o. H. 710. 2.. onEd. (hallbe punifhed in manner afore’l'aid, “one that 4. £0. 7. 9, 1-1.6. 60.2.0. FitzJ‘rei'pas x 96. mllnot obey tbchnv, and that accmding to the 3.Ed. L 17. Fitz. N.B. F0. 103. g. V. N.’ quantitie oftbe OflEnce. Andvif anwawhatcfla'm B. fol. 48. ' foever he be, diflraia his Tenant for Sauces and A Cuftomes being due unto him, ar/br an] other ' rhingfir the which the Lord ofthe Fee bath can/c to dijiramc, and after it 1: found. the: the ' fame {entices are not due, the Lord (hall not therefore be pun: {bed by Fine, as in the cafe: 1: ‘ forefaid, ifhe doc fuffer the Diflrefles to be delivered according to the Law and Cufiome of the Realme, but {hall be ametced ashithcrto hath been Med, and the Tenant {hall recover hisda’é ‘ mages againfi bum. ‘ ‘ Chap. 4.. A Higrefl‘ e [71le no: be driven out affine team]. And it ]h all he reafexabie. ' One {rum henceforththalél caule any diflrcfe’ _ ng. Barre ! :0. :7 g. Fits. Difirefl'e that he hath taken. to" be driven out of the ‘ 1,3. 16. FM. Avowry 19 z. 30. Afl‘. pl. County whereit was taken. And if one neighbour 3 8. 2.9. Ed. 3‘ {0. 1.3 Kel. foe go. 4 g . Ed. doe {o to another of his own authority, and with- 3.fo._z_6. 2.9, Ed.3. fo. :4. 42.13:}; 3. {0. ouzjudgement, he (hall makefine (as above fit ,36.3,. Ed. t.16. s. & 1. Ph. 8: M, n. n. faid) infer a thing done againfithe Peacc.ch.gf° , Hg 3." 28. Ed. I. a z. ' thelefiejfthe Lord prefumc fo todoe againfi hi! ' ~ Tenant, be 111131 be grievoufly puniihed by amen; . "ciament. Moreover tuiflrcjfesjhall he reafonable, and not too great. And he that taketh rma . ' Wren/unable diflrefl'erjhafl he griwoufl) «merccd for the excefl’e "of (uch diflreffis. Regi .foqq.” , Rafiphfodtfichififogsa133.9129} Chaim nyol. :0. In whatphm Deflrtfesfidl 1 Ed. z'.‘9‘Fitz.‘N. Bio. 90. 17,3. Coilib} -' .- yet be when. 4 ~{ ‘8.fo. 60.97. H. 7'. f0. 1. z 1.. Ed. 4'; (0. " T‘jhall he lawful/hr no man/rem henceforth, fir . .39; 13324139136. amen IMP“. is}. 14»! mnwvfmfe, to “kemértfl‘c: 0mg»: , ‘ I “3 - 73;)W_,__ . w Iitz; britfe {I i. 84 2; Fitz. Atom} 87. 1 Fee. nor in the Kingshigh way, ”0". it: the-comma 1:: t. 13:.- that, but only to the King or his Officers; hating . - ' Fpeeiall authority to doe thefame. “1} Chap. 20. fol. 3!. Nanthut tthirzg jhafl hofdpledofflzm‘ I“”’£"""”’° " I 0 it: from henceforth C except our Lord the 10 ng) 1h!” ’10“ in 1“" Fitz.Faux [udgmcnt Court any Plea offaHe judgement, given in the Commf his Te- . '7._8° 10.14.16. to nants : For {tit-h Pieafpecialiy belongeth tothe Crown and Digni‘ie i, " Edd-€11.69 - _ ofour Lordthe [{ing.Rt‘gifi. f0]. u. V. N. B. {0- ‘6'“52- N' B‘fo- :7.Rafi.pla.fo. 347. Coke pla.ro. guy. ‘ Chap. 2.1-. {o zt'JVha my take Rept'win: of cutting}: ‘ 1 e Dyer; f0. 14 {. Bro. 'I‘is provided 31112, that itthe Beat}: of any man betaken,and wrong?" “t Rims 2., ; Bro.Parl. tully -'ithhoiden,the Sheriff, alter complaint made to him thatch]; may (:1 ")8. Filz‘ Rcturn dc cit/JUN than, without (ct 0/ gdtflflVIug Dike”) fbtlt‘ {00kt (b0 BCdflS, If thcount 17 CanR. they were taken our. of Liberties. And if the Beafis were taken within ,1 141. b.;.Ed. I ch. 1 1. any Liberties, and the Baihffes of the Libertie will-not deliver them. :{1 . 'Fitz. N.B.fo. 68. V. then the Sherifl’e, for default of thofe Btiliffes, {hall caufc them to he . N, Bafo. 44. delivered, Regifl. (o. ,8 z. 803. > _ 1,, The ;.of Edward the t . Chap. 1 7. (01. 27. The rtmdie if'd dtflrrfle he impoutded in £641??? or Fartrrfl’c. ‘ " 1, T is provided alfo, that if any from henceforth takcthe Beafts ofoeher, and caufc them to be '5' driven into a Cattle or Fortrefle, and thete m'tnin the clofe of {u'ch Came or Fortreife, doe withhold them agamfl gage andyledgegwherenpon the beaflt hefélemnl} demanded by the Shert'fl' for by fame othet Bsihfie of the Kings at the fuit ofthe plaintiff:,tbtsh6r1fc or Bad/fl} taking with him thepower oftbe film-cor Baylt‘m £13510: ajj‘ay to mike Replevuin oft/3c Bat/ts, from him that ml; beIfl,” from hts Lard, orfrom other heingftrovavts of the Lard (whatrecvcr they be) that are jauadtn the 14460;. wherthto the btafl: we: 0 chafcd : if any deforec him of the de- ' ' ' liverance of the Beafls, or that no man be found for the Lord or ‘ Bro.Rtot. z. 3. s t, H. 3. for him that tookc them,for to anf'wer and make the deliverance}, .3. 13:, Ed. 1.39. V. N. B. after fuchtimc as theLorJ or ttker (bill be almontihed to make {0. 43. 4+ Regtfi. f0, 85. deliverance by the Sherifle or Baiiiffe, if he (min the Country,..v—or "$2,113.. 2. t. Tit-gift fol. UCCICyOl' there whereashe may be conveniently warned by the en- 8!.Fitz. “-8127. 6 8. F, her. or by any ether of his to make deliverance, ifh-e wet ontof 1 - the Connttey when the takingwas, and did not caufe the‘Beafiis " «he delivered incontinent, that the King for the trefpafl’c and defpitelhall tau/e the {aid Caflle -' .far Fanny's tobehwen downwithout recovery : And at the damages that the plaintife hath afiaimd 03hr: lit/45:, or in his gainure, or any oeheewife (after the 6th demand made by the , 1 ,1 herifle or Bariiffe of the beafiqflm’lhe nflorcdto him double by the Lord, 0th him thdt took: ’ * the htafir, 5] he have whereof: andifhc have not whereof, he [ball have it of the Lord, at what time at in what manner the deliverance be made after that. the Sheriffe otBttliife Chill comc'to , I ,tntlte deliverance. And it is to wit, that where the She-rife ought to return the Kings writ to the I» . .Baiiife of the Lord of the Came,“ Forttefl'e, or to any mixer to whom the return belonged), - ) if the paint: of the Franchife will nOt make deliverance after that the Sheriife hath made his “tetutn u’nts him,thcajhall the Shtwfl‘doe his diet with”: further delay, and apart the forefaid {Minn And in like mtnrtet deliverance {hall 176914: by Attgehment ofthe plaintife made with- ' ' .8! l l t ‘. , fight Migfinattpéfi fhg‘famie 9am; " And this is to be intended in all plaE’ee Mme tlie King? tier-=5 andt‘be exercifing ofane/{rbitmr},Tymmu‘call government, which I find ' m“? 85*“ fincethc warrcsendcfi, both by ‘hCPrcfent HoufcofrfLords, anta- any legal! proceile and proceeding, all the ordinary Courts of luflicc m? ling."3 law; .8: repeal old laws, to give their confcntto raifc mony for the prefemilfi 1g ' moi the publique, and to ice it be tightly. dripofed. of, ( but they themfelgésflrfi - ought not in the lean to finget it, much It“: by votes to give- it to each what c '46? ii .5 .. ‘writ'lycth, And if that be done in the Marehe SofWalcr, or in any Other place Where the Kings Writs‘be not cut-rant, waxing which irfovcmign Lard over all, [7241! due right there untofmb ‘ at Ii” «whim , Now after this bufinefi‘e of Tyths,which by'the univerfallcomglaintagainfl it allover theKingtlome, appeates tobe antintnllerable, and ini'upporttble . , bard-ten, I (hall slittle Open unto you,another mifchrefe of far more dangeé .- .‘ rous COflfcqueficc, M15116»! i: the fubvertien ofmrfnndamcmall law: and liber- tabe thetprincipall crime laid to the charge of the late Earl Of S’mfiri‘rdi ‘ {01' whicb'he loll his head upon the Tower Hill at London, in the Ycafe‘ 1 64% And that it was his Aprineipall crime, appeares clearly to me by his 8111 of , {Attainden which you may read before. 9213- 296 and by “16’ fi' it Article bf . his impeachment, whichasl find it printed inthe t I 7 mg. 05; a. bOOkcallCd . Speeches and Pailages of this Parliament, from the 3. of Noe/amid 1640'. to ~ 11m: 164; ,~Pl‘lfl[§d f9; Will,Crookat Furnifell: [mic gaze,“ HolémmeJ 64.! a The git-fry Word'tiof Which thus followeth. ‘ ‘ , ‘ ' i ‘ That he the [aid Them: Earl qutrafarcl,hath traiteroufly 9740154710”? v“?! M (35'0”! the fandamentnll lawn andgomrment oftlye Realm: of England and Irelandflfia inflmdtbcreoft‘o introduce an Arbitrary and Tyrannicalz' Gawrnment a gain/1‘ law, . "Which be battle declared é} trayteram Wank, confide/11, andafliam, ‘ ”7“] 57 r97". ‘ Hi: Wajeflie advice by force of Arm” , to compel! Iii: [91:21! Sufi-:6}: tofitém? 7 Manama. ‘ . Now whether this very traitetous crime of the Lord of Stmfi'vrd, be not by the prefent Gtandees in the Army, Ithinke is obvix :us to chijhknowin ; i rational], undexfi‘anding, unbioled mans eye in England; in that both" of them . have taken upon them to meddle with things not within their‘.cogniz,§ncé Q! . ‘ ' jntiitllélion, and to our men 0f their lives, liberties and prepctties, Without \ ~, land bemgopen, where only and alone all caufes whatfoever between party 783d parties defidable by the lawes of this land, are to be tryed and determinell; :- .r1 and no where elfe, it being as lavelull for a lndge, lufiice of peace? or a Coaéi,:g,, liable to make Lawsias for a Houfe of Lords to execme Lawmtheir legal! and ‘ ' ”13:10.9“ workat moft upon their own ufurped principalls being to make new . t . . f» i- }: .i " : ,1 ' ”at, 1 . .l 3 ~ I , 4" * 5 itbeing‘ ems-my ' t6 the, Lani ,de Egan‘s“.fée‘Fcfcée-ifititfit (which them-355?, l l ‘23} would have us to believe they *arelto giye anything té,vtltemfe;yes),topumlh I fay a ,1 allmayle Adminiflratms of luflicesandito hear: and redteffe'all appeales upon wit and l cronious judgements, given or made in shy of the (Johns in Weflml”fl”‘H“’l/’ “l." " ” 1- orellewhere. . gh‘mfi - )Yet nmwlthflanding have-they Arbitrarily ...a,p,<:l Tymnnical.lyifutpmoned 2:01;”: ,i: ' and convened men before them (for things defideah-e, and cieterdainahle on "parent 1 V ly'at Common Ltw) withoutanv clue pte-eefl-e of Law, and hater: taken up- Home ‘ , on~them,eontraty to all law, I'ulli 'e, equine, and conlEience', to be both In Fordiha ;: formers, Prolecutors, W1tnefles,Parties, lane, and ludges, and thereupon ‘lgi‘lgh have pafi molt illegall, arbitrary, and tyrannicall cenfures upon the ftc'ecotr.-,h;,=h;,§ , mime ofEs.1glaII,t.l,, and thereupon have dtfitoyed-and outted them “of their no more}: lives,liberties,ptoperttes, free holds and el’tatee, when as by the fundamentall right to , ’ law of the Land, no fudge whatfoev‘er, can be ludge of matter of Law and "he“ Pl'd.“ {at} borh, it being the proper right of the Iuty of I 2. men, of a mans Peers or #533de “ll? . A . , . . g1 attve , Egualls to be lodge of matter of laét, Which mull be proved by leg-Ill. Wlmtfe powcrthe let-{duly (worms, and not by the ComplainaasProlecutoe, or Pattieflnd then a'thiefc 4 the Iudge is only to be ludge in matter of‘LaW. ‘ ' ‘ “‘3th . But in the fitll p‘aze l flnl begin with the Grandees or Councel of war of the “r“ f?“ " ‘Atmie. who have the wolf defperatefl apoltatifed from their ptineiplehthat $szch ; it}, oflible for men to do,and from theirpte-tencletl patromfing ol' the peo- Nor no t 2 ms ibetties. and Arbittarily, and.,Tytannieal-ly have fought the mine and more Ill ’7 utter d‘eflxu&ion of all thole amongfi themfclvcs, that have {luck clofc to righztoEl .3 the intetelt of the People, althdugh they themle'lves made ule of the very $13113 , lame petfons and Principalls, to prefetvethemlel-ves. agaiz'lfi that which they ,ogggng-’ themfelves called Tyranny in Me. Helm, anel Str Phi/zip S'tapletan, 85c. And» land,rhel§;l ; that they have {odone I prove by the Pleas offal/1. Thompfan a late: Corporal] a man I» thC Army, 105” 00/034" :1 Trooper, film Engramlate Capt. Lievt. ofdhc-‘l" dbc “l ’. Life Guard, and the Plea forthe late Agents,made mNommb. 1 64.7. .thch 6 a" he l ' WIS lOll'OWCtho »_ _ .mans hul f , “deal”; by {pretend viwol'encerohs hepef het‘virginitie,,ahel {0 commits: rapeupon ber,and by threall t9- £31?”sz life Comgcllsfiht‘l’ to hold her peace. Anti I defiteall the Common: of Englantl (moon, to COfl‘fi‘fll . _ , tterWthe LOIdStl’Iai fl~.«w from vellum the Conquerere (word, and the meet Weilofhis luccefl‘ors cat A - e 95 -. A n- , ,.\-._ . .«a. - ... 1." A; ., ,,. .2»: ,fl 1‘”: t; . 3glgnally pretend-to. a leg: flztivc power,,when ill-their joynt .chXafati-Dns with the pram“ Home of Cot???“ , , an the): have declared the King their Creator hath none, but is bound by his Coronatton 03th to pail,» t .f ”alllud), law“ as the folkor Commons fl’ull chufe,.and what greater-emu can there be in the world,th.“ .; .Ifieingthat all legiflttive power in the nature of it is Arbitrary, therefor ”life an arbitrary power mould F1 . {- jylaeeElQin the Lerds,and hetidi'taty in then {ons,_be they {00165 or kmues, therefore up with them by {H Remand let n0 powerhereafter Be exercifed in, England, but. what acknowledgly flowes 33:1: matron} th 271% .4 96091659: their» litet’itel‘e11minsa 'and‘ w‘ho 3“ “Weft as Other mm to the Lewes; . J ritz‘: . > * , 5“] 7 1 f - . “1 Dtfim 'W.“56%Nmfdwfifitwci‘iSJaldieté aftte $40313“ ‘ «A to «27:9 wt: 3 i; 3: . ~. :. . .3 .. ,tézéiut; .‘ l N" “gram/2158' " Fixeeflrggof‘begwt{pf/leer:.tOPflfl-lfi , 1W ‘ ’ e ' them by Mama” Law. ~ . _ Fir/Z," ' ' He? iarbitrary Goyerhment of the Army by'Law Martial! ( which is only‘ne; ' " ~ 4 . ’ ' ' ‘ ‘eéflary when‘an‘At-‘myis marching againfi its enemy,or when no Other Courts I . of Iullice in a‘ Land are open and free) was wholly dill'olvetl at the Ken. 3 - , delvouz at New market, upon the 4. and 5'. of lime lat}, and thlsI prove-by .; thefe following reafons. , - ’_ g: '_. In I. Theyafl‘o’eiaredtheml’elges only as acompany of free Commons of England, to Rand: gether upon the'jufi: principles-,and law ofnaturt:‘~and nations , to recover their own and all tli‘ ~ . peoples ju'fi‘l’ighlfi andilib‘ertiess- sce tbcfalenm Engagem‘eat upon {me 4. The words atethefé-QI '- We the OfiiccrsandSoldier: ofthtArmy fubfcribing brreunta, doc berth} declare, agm,‘ andpnf " wife to andlwitb acb otbcr,tbat weflml no: willingly disbznd,nor divia'e,nor [afar our (elm; to 6: , :.. disbanded nor divided," anti/J we'barucjecuriry, that we at private men or other the free-barn peg. ‘ pleiof E nglan! fball not I'emainefubjeéi to the [rite opprefliozz, imam,” abs/e as have 6cm attempt. tedé Compare thb‘lfittfl‘ end of page the4. wrrh page 5. And upon their march toward 3 Lope“; “in :pr’ofe‘cution ref-this delign, whereupon they allociatedghe General declared in his letterto/éfi .I' 1‘ ‘ Cityfimt they as E nglifb men infifledupon the [ettlemcnt oftbe peace a f tbeKixgdme, and than. . berry oftbe Subjetfi,whicb they bad rig/9t to demand. See the letter from the General], “lithe ‘ l ,. Generall Officers are Royflcn npon 1m to. page 1. 3, And in their further opening of “Wit , meaning and intentions in their agreeing together, or aflociating as before, they declared [1th lane r 4. That they were not amerccnary Arm], hired to fer-ye tbc arbitnry pom”; 4 Still? butwmiaued in amt; in judgment and eonfiicncefor the d tfence of their own and tbe’peopm'ill . right: 4726! bbt‘rtids. Now the Army thus refufing to ferve-‘the Arbitrary power of the State ‘ . and agreeing together a: Engllfl] men , to {land upon Principles of Right and Freedom; ‘ l From hence. _ I , _, i 2 n r . lts eleare, that the Officers and Soldiers kept in a bo'dy,nnd {0 were an Army not by the in , 5 of the State, but by their own mutuall Agreement. , - -- «t.- « " _ z.. From thence itsh'as clearmhat theynor beingan Army by the States will,they were now-g _I , der woferule-sof Martiall Government, which were given by the will of the State to rulethot'ofj- l, which were a Military body or Army by their will and power. f I, 3. Pom thence its alfo as cleare,as they continuing an Army at that time, not by the Statq ’ 1' will , power or Command, but their mutuall Agreement, they could be under no 9th ‘j '9 . government a: an Army but fueh as they did confiitute or appoint fer themlhlve'sby mural; ' f agree‘ment,‘ and fills lead“ to 3 2- ' Reafon, proving ‘he diHQ'luCiOD Of the Armiesf govern ': ” ” by Martial-l Law, .~ ' ~ __ a ‘ ‘ : .. , ' , ' _‘ j 4:: 5;. The SoldiersWichfdme'Offiters‘of the Army, having by mutual agreementgathered that l r {elves intoaot‘ at leafl continued themfelves aMilitxty body or Army, to fiand upon principlqpf} right and freedom, 65d by the fame mu‘tualagreement with or engagement toyeaeh Other “5.4153 confiitute or appoint, nforme 'of government for themfclves in their profeeuting that lull defiga j ' of common'right and freedome' fo’ them‘l'el'vch and the nation» ‘ £ - .. Q - / , 5:1 The wordés of rhtEngagtmemspagz *‘4-35 we theft: " Wee doe berth} 305,473,613”de rel ' ‘- mlfc to and wit 1: each mm that’fiet‘fhm'mt‘ willingb' disband, nor dividewar jufi‘er ourfcrdél 1 i ' ‘ to 61143., .. (:43 ) gm; 41111111111! or dividedmtbut [:11an 11111111111111 :1 010' $990“?! ”die-’4’“ “WW3”? , fiefinted, 11d fizwmy that we a: pet-111111111111 .1111 otber 1111 free him get/p 1: 0f}: 1191111111, 11111111111 1:. ‘ “Wmefubjeéf to the! 15‘s obpreflion and 111111191, 111 1211111 been attempted, 11111111211 fa-titfaé'iém and/21.. ' ‘ amt] to be [ucb :11 (ball be agreed ante bya [12112161111110 6011b}? oft/10ft gtmcrall Officers 0, ‘tbc Amy (111101111111: concurred with the Army inzbe prem/Et ) witb two 60112112111101: Oflicm . and two " Soldiers to be ebofmfor each R gmeat, who baveconwrred 47111111 111 concave wztb u 1 111 the prea- "11ft: and in this" agreement. Hereby a new Councell was confijmtcd contrary to all Martial! l.11'w, :1 d D1Icipline, by whom only they ingaged to be ordeered 111 their proIecutionoI the ends I91 which they aflocimcdgnd by conquuenee leeing they cont1nueclan Army by. their 0111111111111; 1111 only to profecute that: ends of common right and Itecdomes this .E‘ngagement to be or- sertd only by that new Councell 1n their proIccunon oI thoIe ende, extends to a whole rule of . ”them as an Army Now thatthis Councell was wholly new, and 111 a way divetIe 01 different {110111 all Mattie}! com or Councels of Warre, that ever the Sun bfihtld ma mercenary Almy,and as 111%th i9111111: Councell by whtch this At my we; tormerlygovqtned appeates thm. . ,?The Members of this Couneell by whieh they. ingaged 19-. be ordered; are: different wholly 10111111: Members oIe. ll former Councells 1n the Army. 1. The «11111111,. ofthem 13 d1&Etent,non_e but Iuch as concurred in difobeying the P111123 €111 111111111 the Principles of common r1ghtandfteedon1e,upon which they Rood, were to be gtmbcrs 6£th5 Counqell, 11:11l1er the Generall, nor the. L11v1enant generall themfclveswece to be Members oI th1s C1 uncell unlelIe they had concatted 1n owning the Regiments refuIallta 31)} 1111}, 111111111 their“ 1n3agetgent 01' afiociaiiqn, and byconquneQC». 111:] had been no Officers: 1131111119111 hetcaftcr. , #1111111: 511 the Ordets of Watt: and Mart1all 1.1.115 Wet: broken, for fifth: Generall=,L1:vte-£ 11.1111 {Rural} and Cc mmilfary Gen heron, had no: concurred they could not all have 91111111911 we 0 heir that dtd g9ncurte, all the Soldiers had. EbeCne Engaged to oppole: them, 9 191111011111, not aye calh1ered one Selene: thatqoyned tn the Engagement, for they peo- F131ed21ch to gther. not 10131691. the 111Ielves to be divided before the ends? VoI 111:1; Engagement: 91113 accemphlhed . 2 .3: .. 1.. The 111110.11 oftheMembers oI thls new councel 111 11113 Army wasdlfl'crcnt {10111 the 1121101: Qfal M mbtrsof Iormcr Co was, by the Engagement there was to be two Soldiers 111 no office but of every Regan 111 to have voices squall to the Generall himIelI 111 all votes, 3 thing new: taa1Ied 1191 heard of 11 .311 Army [Ewingthe will of a State. . «12' 31:!- heppmher qt Qhe Membets 9.111111 Connect 13 dgfi‘erent Itthal cafiomesand 1111:: 9112.111: 13 1c me. ... .1- ;§1._. , 1‘ In thtslgouncelfibere ..as to be but (cure of every chnnent mth the Genctal Office“ 111111111 Meoncurted ch 113 rhi s Counccl differed 110111.111 Cum-mes in any Anny 1n teIpeft of the Metnbesas whereoI 1t wasconfinured V .- . .1111.- This new Councell ifl’ered {10111 the tales uIWarre 1n the mannerof 1ts conflitutton this . 2; {mum to be cor (Muted by the Gens. 7' wil be aceotdtng to the degrees or ofiices OI men in the - W ‘1111 111 a Patltamentary way, by the Soldiers fitneleaimhe Gen. 15‘ [10111111 Iron-1 callmg am Hi er to the Councell unleIIe he be choIen by his R g1ment. . " * 1:;1 ? ~r 1 . 3 Real'on, provingthe d If 2lutl0n of Martiall GOVCfnanT 1n the Army The Gen. in allociatingwith the Soldiers did 111 the very Engagement, gwe away all h: power of exercifing Mama! D1Ic1pl1n, be engaged to them eb- tbe; to b1m,tbat the] would not [a]??? tbmjcluet to be disbanded or debut-11,111! 111: end: pftbeir 1111111113 were chewed. Hereby he di. 2,1953. lit- 4 , yelled U iii V 32:42“: : =e .zul— 1‘; :C 44) ‘ze‘Red-rltimfielf'eof'bfi arbmbofier loftaflliérlfififlfitdfi iodxs‘dldicrs at’hls pleal'ttrcghe’caf} : fluteriuglon'e Officer,“ Sdl'diérw‘h'it‘h‘afl'ociatedwith’ the-body of the Armyih the ebgagcmcntf ,' is -ad't\sba-ndlng, 81" devidt‘ng cuz-pm" 'of the army from anothermhich he 8c the Army mutuall ‘ zciprocally engaged,ncither to attempt nor {wtrgllkewil’c W tb'it'cngagment he divefiedhlmfi: t’ ofpower to command the Soldiers to march to what ‘diflancc he pleatetb one from an other, dmis an ether kind: of dxvidtng the Army: wbiCh heenagcdjnettbcr to efi‘rétporfufl‘cr. 4. Refal'on, proving the 'dilfolttt’ionoftbe‘Government of the Army . by Law Mar- ‘ tiall. '* ’ .. , The whole Army by agreement or joyn't confent callu'ercd all Officers at 9‘0” make: limb, ' that would nomil‘ociate w M: them,‘ and en gage to fia-nd for common right and freedom,thougk againfitbcParliamem,and-fathey booted divers Ofliccrs outof the field: unhorfcd fame and ~ .rent their cloatbes,and beat them : 8?. this its the faCc of the Gen. 31 which afis wea-re death by Martial! Law 3 but this was an afluall declaration that the Army did adtm-t of Officers by nut- tttallagteemcntwdn'cly, and therefore Government bylaw Martial‘l was dilfolved unlCIfe'ltbad beeneflablifhcd Cay-Mutuallcdnfent tbtough'out the Army , tor Officers at that time being on} ' 1y admittedbylmutuall‘eonfcnt they Could have no power, but what Was betruflcd to chm-'11,, the Soldiers. ‘ . ' ' ' ‘ - , , . , _. ' z. Plea, But in cafcltbe Government of the Army by Law Martial! * See Paultom'col- bad net been difl‘olved by a mutual! ingagement, yet the very bci ' lcaion of fiatutes p, of peace did difl‘olve it,.lor in tbePetition of *‘ Right its declared that t? 1431, 143:. ‘ pcrflm ought to be adjioaged 1;} Law Martial! except in time a/ Wary; ' l r .. . .. r' -* and chm]! CMm‘fliam gem to éxebucc Martial! Law, in time ofpgd‘c‘t are contrary to the deetandSratutc: of tbe Ktngdamefirzd it was the Parliament: templaint that Martial! Lemma tben commanded to be executed upon Soldier: flat robber}, mutiny,” murtber. . ' ‘ x W ' ‘ And it was Cetled as the undoubted right of’evePyEngli‘lh man,tbat be mould‘b'e puniflnblc only/in the Ordinary Courts of jul’ttce, according to the Lower and Statutes of the Kibgdomé, ' Byafl this. itapptare’s that it is illegall and atrial! for the Officers of the Army to .‘F! or pumfll my Agent, or other by Law Martial, upon pretence of Muteny or any other oft-nee: the Whole Army Rand as Engltflamcm and if they ofl‘end are not exempted from the proceedings agaittfi ‘ them, and punilhments to be iofiiaed upon’thcm, by the lawes,and flames of the'Kangdome, and then-fore cannot in Iuflicc be fubjefi: alfo'to law mattiall,fo that all Age nts‘and Soldiers now accufcd for mutiny, for their late ‘ profectttlon’of publitk freedome, according to [ligjagrtcmplfit of tbgptoplcaw-ithout theif 055cm eodfent {ball 'unvt'otthfl’y betray their owne and" tbclt Conn, . ~tr tryes Ltberty, if they {lull fubmit to be trlcdin any other way then by the knownc Latte: and , 1‘ z 5“; . , - » ~ .- ’ fiathtc: of the Land. ' Th6 fotcmcntionc'd‘ Plea OfWiIliotm Thompfora (who was Iaccly a Carpal-51 5 in Colonel] :. Whaltygt Regiment; and Was. formerly ‘cafhiered at the head‘ . : _€h6f¢9f,»and.yctafitct tbatimprifonetl-aod indeavoprcd. to be hanged ”this I. «, honefly) thus followcth. . _ ‘ ,, ‘ _ ~._ r: ‘ g . .- ;,l .2 ' ; .- >~ ‘ ., " .. i‘." < " » ‘ ~a \ ‘ a - " 7 la. a S: :51-r'~‘ - 4 \ '.I' a r ‘3: 4~ ”31",~-‘:,<" ' .;':' a ‘ I ”y!"- w... .n wee: 2'»- ‘Q '7; t 5%: m;@umr~ o. a >21 ( e 'l j - A: ’ w“ - ‘4 f 'A . l V) ‘-“r"?',‘ ' ’ \ ‘ ' - (45} ‘ ’ Englands F rec-d'ome,f Souldiers Rights Vindicared again& all Arbitrary uniufi I'nvadersrofrhem, and in porreicuieé‘f agamfl thofe new Tyrants at wind/are, Which would dcfiroy both. ' ' “9d“ the Pictcnce of Martha“ Law. ’ r 0 R, .f‘? , ” L k The 321% Dedaration, Pica and Protefiation ofWilliam Them/on, a free Com- moner of Exglmd, umuflly impnfoned at Windfore. 00150676410 ’13! Exec/fem) 557' Thomas Fairfax; andtlmt which i: called" his» 7 Counccll QfWartc, the x 4. of Dec eméer, 16,47, ,. j {Into which is annexed his Letter to the-Genera”, wherein the his? P163 Wat? i-nelofed. Aifo a Petition of the tea of his Fellow- Prifoners ., to tug» Excellency. ' -_ , M4] itpleafi— your Excelimq, h I Am by birth a- free Commoner of England, and am thereby iutailed or inhaled emu «in equal! priviledge with yourfelf, or tbegrcatef! men in England, unto the freedom mid lzb‘er- ty oftbe Lawrosof England, a: the Parliament declares in their Declaration of the 2;. ‘ of ‘ Oftober, 1642.. 1 part book- Dechag, 660. And the :9. Chap. of Mag“ Chafig cg.- {puny faith, ‘ That no man (hall be taken or imprifoned, or he difl'eifed of his Freehold or'zi- / fberties, or free oufiomes, or be outlawed orexded, or any other wayes defiroyed, nor‘pafl ”up— f'i‘ . ‘ on nor condemned,but by the lawfull'ludgetii’efic *‘fS‘teSir Edv. Cook-r Exwfition hereof ‘ ofhis‘ pee“ (9r Equals) and that by due ”(Meg in his 2. part Inmtut. fo‘. 46,47, 50, it ‘ or ptoecfl'e of the Law ofthe Land T,’ «larch ex- “e the; Ed. 3. 9. 8: 1 3. 351,3. 4 8e 18. ‘prefly faithghat no manflnll be taken at reflrai- Ed. 3. 3. 8: 37‘ Ed 3. 18‘. 8:42. Ed. 3. 3. ‘ nedof his libertic,bv petition or fuggefiion (made find the Petition ofRight’ in the thud 0f ‘ ‘ unto‘whomfoeverinauthority), unlefl'e It beby :tlengganfl the statutes that ahohfbcel ‘indifiment or prefeatm‘ene . ofgood and ‘jlz'wfrfll‘. ithe' Stare—Chamber and Ship money, ' ‘ men where finch deed: be done tand diam“) mm ' ,' made thit'prcfent Parliament; and Lievre- ‘whatfoever be putto anfwer (any crime whatfo. nautColJabn Ldbxmm Book- called the ‘ever) wither-1t prefenrmene beforelufiéees o! ; ‘ Refolvui mans Refolotion, P. 7': 3a 8: 9- ‘ matter ofre‘cOrda ‘?r by due Pfocefe and writjollii' ' ’ and his Grand Pie: againfi the Lords, 'nallgaeeording-tmhc oldS'aw oftheland arid-if L.) “WE”: 8’ 9' " u ‘ anything from‘henceforth he done to the curing. é" ' ' ‘ry-ir than hevoid in lamand holders for * error. Therefore Sir, for youSwho are a Gemrell of an 'Armiegand Other ofyour medial! Ofims film are are no Civill Court of lufiiee, nor :u’thoriZCd with the leaf! 1; gall power sin the world to admimfier Iufiiee, and execute the law of‘the land,u-pon, or “W9 my fifth; commoé“. .. “England, to dare or prefome to rename, imprifon, ttie or- me‘ddleij‘ 5'33? its 4 Wi'fiivé.,' 36.119: who am in no other capacitie in the world but barely and glso'gethe; , gas. 909 m ‘35; Effig- a - W" "tree ’ 1+6) land.-isrhehelghtofarhitréiy tyriniy; inj‘ullice ~~ “ Wellfoitb ASlr Edward Cook in tile 2.. "for: 0112i: Inflilum 'fo'l. 4.8. that every rapproffion againfi law by colour ofany ufurped authority", is a kind ofdefizu'fiuon : for when any thingis forbidden, all that tends to it is alfo forbidden: and it is (fair/J icjthe wo: fl oppttfllon that is done by colour of jufiice. See alfo Lib. [0. {0.7 4. in flit nfé of {be Mar-flszszea. - - and ’ Opprelfion. and‘an abfolutc. dcfimam of the very fundamental! Lawcs of England, the bare? endeavouring of which call the Earl of Strafl'orl' his head. And what the doomcof hrmisghat dc~ flroycl the fundamentall Lawes of .he Land, Ilhall give you out ofthe very words of‘your own {trend .MrrStJobIz, in his Argument of lawconcermng the Bill Of, Attaindfrtot hjgh Trcagbn.of TbOMR‘ Earl of'Stroflra', at a conference in av'Co'mmitte’e' ‘ ofhorh Hoafirr of Parliammrqxinted by G.M.for john Bartlet at the figne of thegilr Cup :1ch . 5:“: Aufi‘ms Gatcin Fouls Church- Yard. 164:. who in the 70. page thereofl'axtb, Tim: the dc. ' fir/title» of the Lower déflwvcs the arteries and ligdmcms that hold 11):“ body togetoer: be that talc“ . ' army tbc met aft .8 mi: éwoy‘tbeallrgiom’e ofaoc Sabin? alongbut oftbc vbchngdomdt n14: fist}: h lac) wade treafim by the Szarozc 0111‘? I 3.111.109“ her time,“ (film: ”9" ”9" 13’5"“ 0f’“ Realm do: not bind the dt/ccnt of the Crown: 3 #10 Law, n0 dffim! at ‘11: WP “WK faith ho) ‘. 1' And therefore you, with your dealings with me, that am mecdy a free Commo- net of Foglmd, and {0 not in the leafl on. £1,317 your Marlhall Dil‘cipline (but {olely 51-11de under the: di “Ctplineol the known declare-d, and clhblitlnd Lawcs of Eng- », load) by your arbitrary, tyrannicall afiings “open me. haveahfolutcly as much as in {0113 lycs , defiroyed the; fundamental? ‘ 3W.“ of]; nglzmd', and therefore are as ab... {date Hedge breakers and chclkro as * accruing in thisngdomc. no Peerage, no rank; or degree: ofm condition to all. 12': ”info” to {ill 4 Bench, tbi: [gills no: the Judge, by: the Judgment. And in pagc‘y I - he fathH/c/ofiy to imbef'cfl no; oft be ludsciafl Record: 0/ I be King dam; rim, (W. the dell: ufiion of the law,)fwceps all away, W 19001411.. ‘ t I ts treafim to counterfeit a from} filling pine, (me it a boomerfcitingof the Law, we can call no). ‘ tbe cozmtcrféz't, nor the "U“ 59171:.er owz.__ 3,; ; A It: mmflm to counter/Ell thgreat Sealefbr an 5 tbeflmc , AcreofLmd, no property hereby. (viz: the dcflrg. 6mm of the Law)i: left toanyLond at 411:“. , V {biog trcafon now, euber agamfi King or 10'”ng ‘ oolzw t0 puzzfl: it. . g6 upooetbe ‘ :swmww an “no: Pym: And ‘hércfore lads/ilk; V0? 1.33:1 frigid to take heed that you 80: no further on in yourlljlcgallg' \ --‘grhitrgry, tyrannical] and lawgdcl’troying procizlcs withand towards me, leafl wthFOLym; .own fins you Cloimg thc"bcn,cfir‘ oftheLaw, .you be anfwrrcd in thc; words ofyour,‘ {orchid {rim in p33. 72.. “ That he in vlzine calls for the help of the: Law, that walkes contrary aura~ ._“ Law, and From the Law ot‘liltc for like; he that would not have others to have law, why “.lhould he hay: any himfclf ?why {hauld nor that be done to him, that himfelf would havc, ‘xedon’e toanother £21915; trueflfaithihe lbjdl.) we givclaw r: Hareszand Dhccrsé, , becaul’c lbw-rhea. A ff.hcatls ofchalc,hut itjwagiicyeraccoumed either cruclue or foule play to knock Pages}; > 'fe‘Wol ves onlrbe hood, as they canbe found, becaufc thef‘c be Balls of Prey «5 the Warrencr let, Q .L‘i‘ mass for ‘Poulats and other vermin, for prcl‘crvation of the Warren. ; - And in mg. 76. he fairh,in the 1 LR» 1.. Trey“. sis-Pmé flag, ‘ he 51??! 9 , fifth-59w, Joe 3 2; ring opinions in the fuowrtion oftbe Law, 4214pr lléfilfiii row:If”?-.‘Q.r;t1<§hrit:Bir£lm other/crowning tbtlit: , ':- ‘ a“. @5562” P 5: 6 - 9 13;. "8'. i 3 1 4.‘ But if you (ball obje&,rhat you dealc with are a, . ,. v. 193d?! ,[ ‘3] lion, A fldfolflt' Other anointed of flea/on for draws ‘ '5? ”We EGcnstalland Qflissmfan Armyby, '- . , (417)- WM Lathfot endeavouring to make “mutinies ortu ults in your Amie; ,ortbyiblq-flingz g M defamlng your reputatione, ; and fo drawingylotttlsr ,. rims-from their;§§é§i03§3ngl Jobedie ' " tnce unto you. y _. . r : t hunter in the firfi place, there can in this Kingdome be no pretence for Martial! Law, 53 ‘ ' ..‘ 3gb“ the Kingdom 1-: in a general! burly burly and upraare, and. anArmie or Armies-of declared; y memiesmtbe Field, profecuung with the {word the defirufiion ofthe whole,_and thereby, flop- , 3: ‘ Ring/{he regular and legal! proceeding: eftbe (cum oflufiice from pung’bin‘g oflendm and tun 7! arr. . . - . ., , :Bui age there being no Armie nor Armies ofdtelated enemies in the field, nor noGarril'one. ,. l. in thepofi'efl'ions of any luch men, not no genera” hurly- burlies and uproars by any ('qu men n in the Kingdome, but all fuch as are vifibly fubdued and quieted, and all Courts of jufiicc open» it , and free to puniih offenders and tranfgrefl'orts and tltetethmven to the Armie it lelfe and the, “ .Qflicers and Soldiers therein,thete is norealon or ground {orrxtrrcifingof MartiallLemmttch 3 [die over Commoners that are not under the obedience of the A/tmy,which.tfs mycawfe, ‘ ._ 1 2., And that in time of peace. there neither is, not can be any ground of exetCtfing and execn- - . tingofMartiallLaw 51 prove out ofthe Petition of Rigbi , which was made in the third ' , £- yeare of the prefcnt King, and‘is printed in Fulton: Colleétion ofthe ~' ,, ”‘Andin the t. 2.3. Statutes at large, (’01- x e g x , 14:2; " which ethelly faith, .. that byza- pagesbefore; thori-ty of Parliament, in the z 5. year of the Reign of King Edward the: 3,, , , - a it is declared and enafied, “ That no man (hall be {orejudgcd oflifezo; ii 156; the 9. H. ,g. F‘ limb againfl the forme of the great Charter and the lawofthe’landfinfl U 2.9.11. Ed, 3. 9. 8t “ by the {and gt'eatCharter, and Other the lawes. and Statutes ofiythis } \115.156,. 3. 4. a; 2.8. ‘< Realmc, no man ought to be adiudged to death, but by the law eRébl-ig j ' Ed. 3. 3. “ lhed inthis Realm T. , . a , ., ‘3 l" L" ' ' “ And whereas no offender ofwhat kind foeveris exempted front the {5 ,,proceedingsto be ufed, and punifhments to be inflicted by the hem and Statutesjofi this-910m 4t Realm“ Nevertheleflb of late divers Commtffions under your Mate/ties great $651}ch .b‘l’fi‘ »‘tiKued.forth, by Which certaine performs have been affiéned and appointed.CommlfliOhers~,wieh . :flpo—ver and authority to proceedeithin the land, according to the ,iufiice of MARTMgL 7? LAW,,a"gainfi futh Soldiers and Marriners, or otherdiffidure perform ioyning with .trhem,,_. as r‘ “fitouldcommit any MVR'DER. 7:93 BERIE, FE LONIE, MVTINIE, or 0THE fiaxtragc 31'; “0r mifdemanor whatfoever, and by fuch fummarie courle and, order, as is agreeable to Mar:- ‘ '5‘ tiall Law}, and as is uf‘ed in Armies in time ,ofWarre, to proceed to the ttygll andgottdintna; ' f‘tionoffuchofi‘en‘dors, and them to caufe to be executed and put .torideatlt according [to‘the ~f‘ Lew MartialBy pretixc wherof your Maicfiics Subieas have bin by {ome'jOf the (aid (“bulim- ‘3' . a “on putto death,when and where,“ by the lawcs and Statutes ofthe land they had deferved J , w ' ‘.‘ death,by the lame lawes and Statutes alfo they ‘ /. :f‘lTrtit is very obfermble, that at the very “ might,1nd by no OTHER. ought ’30 have-list}! f r Member! - this-Martial! Law campbincd “ been iudgetl 4 :‘ and €16“!th 1’s 7:49: alfofiynjdty . «#911945 executed; the King bad team: with _.‘.‘ grievous offenders, by colour thereofelaiming . _.$rance.afb2:raig7z anemia, batttbere it no “ an exemption,haveefcapecl the pttnifhment due “ if *ficb thing now; and therefore the Army, or “ to them by the lawes and Statutes of this your _;fbegr4nd Officer: tbercafbave no: the {raft “ Realm, by reafon that divers of your Oficers \ , 3 finder» or pretence to execute it in the leafl, “ and Miniflers of Jufiice have un‘iullly tefufedpr " .a‘orwdeale with m a free Commauer, a: they “ forburn to proceed againfl {at}? offenders {66°F 1;: it t i - l t. I . i, gt .mmdom. . “dingtothe famelawsand flatutesfipénptg 9,: f“ 3- « - ~ .‘fthatthefaid ofi'cndorsweregunithg‘tgle,on}, g t, m; " “~- ' ', " ~ . p Mart" ( 48) - . w ' I"-hlfllftiarl‘l1.1m, anally authoritj of‘fueh Commifl'lonet‘: it seaward. Which 66881113305; “ .AN‘D ALEOTHEK 0 F 'LIKE NATURE, are wholly anti direétly contrary to the {all “lawesand ,Stamtesofthis your Realm. ‘ i '. ' } (Therefore Sirs,if you have any care of your own heads and 'lives,( though you have none oftlte Liberties and F reedomes of‘England) I againe at a friend advife you, to take heed what yofi doe unto me any further in your ille‘ gall, arbitrary, and tyrannicall way that hitherto you have proceeded 'with me; ' for I largely underfiand that Canterbury and srraflord Were this Paths- ‘ agent quefiioned {or their arbitrary and tyrannical! afiions that they did and 336d many yen; bff’ore, and thetord KeepetFineé Was by this Perliament 'quefironcd Foraéi’ions that he did ’ When'he _w :3 Speaker oftbe Houfe of Common: in the third of the pLefent King, An, 1 62 8. and forced to fire to fave his head. \ In the lecond place Ianfwer, that if Gore the wane: ended, it was or could be judged'lawfqll foryour Excelleneie and your Councell of Warre, to execute M :rflzail Law : yet you have dive; , Peed yourfel‘f of that power upon the 4. and 5. of june lall, at Newmarket Heat/J, you owned the . ‘Sbnl’tlierg’ond joyned with them, when they were put one of the States pecteéhon, and declared fi enemies; and further aflociated with them by a murnar'lfolmn engagement,“ they were a coni- , ‘ ,-: party affree Commoner: ofEngl-znd to [land with tbrmmemding rg 1* “See the late Plea for the the Law ofmcamre andNariant *, to recover your own and all the ‘Agents, printed before. peoples Rights and Liberties, the Words are thefe; We the officer: 5 pag.'4z,g43',44. 9' " and—Soldier: of’rbe Arm; fiteferiblug bereanto,alee beret)! declarefzgree l ; - 1 andpromJe to and wirbeacb other, that we [ball are: writing!) dir- ‘ 1 See; the Engagement in band nor divide, nor j'ufi'er our film: to be dirbandad'rzor divided”- ;th'e Armies book of Decl. till we bevefec wiry grim! we arpri'vatt men, or otbrrtbefl/ree 179m ' peg. 24 , 2;. y. :6, 27. people o/‘anlwzd, flyal! not remeinfubitt? 10 the like opprefiwnfimmy, - ‘ or abn/earbam been attemptedj' . - Hereby it appeares’, the-(from this time you and the Sould-iery kept in shady, and ('0 were . an“ Army, not lay-the States or Parliaments willgbut by a mutual-ll Agreement amongll all the _ ' ~‘ ‘ fiOl‘diers‘, and ecttfequently nor being an Armie by the Parliaments will: 3 they were not under theft: rules of Ma'rtjall Government which were given by the will of theP-arliament a and your Excellency could no longer exercilean-y their power over them, as W“ allowed you by thOle 2: ‘Mitff'izll 1P we: 5 pay, the Soldiers keeping in a hody,and continuing. an Army, only by mutual! \ confent, did by‘th’eir niutuall Agreement or Ingagement, confirtutea new kind ofCouncell, r Whe‘reby they would be governed in the‘irprofecution of tho-{e ends for whichfhey alloda-wdnud 7-11);ch \ivery'Ol‘fitet ioeapable ofheing in that Councell, which did notafloci‘ate with them in ‘ . thatlrigagement. The words of the Agreement or Ingagr—ment are thefe :- “ we doe hereby-dc. v , i "' elare, agree, and promile, to and with each orhcra'that we (hall net mllmglydishavcl» Harrell-9 ' i“ title, nor {“573 ourfel'Ves to be disbanded or divided withour fariafaéfion in relation to our ‘9 “Name, janddcfif es heretofore refenred,and fecutitie that we as privatemen or orherfthe «Rhee—Bare peeple of England, {hallmr remainl‘ubjeft to the like opprelfion andinjury as hath .1 :1“ Hum attempted, .. and this fatislafiion and fi-curity to he fueh as-fhall be , agtettl onto-bye j 1 “trouncell to' Confiit of thofe generall Officers of the Army, who have concurred with thetl‘r- ‘ \ ‘ mm“ in the premifcsfli‘h swoCommilfion Officers,and We 0 SOVLQIERS to he .chol'en “ for each‘Regimenr, who have concurred, and {hallconcurre with. us in the prermfcs and‘in ' “ thit Agreement. ‘ ' . ' Séthat’lbfi’ Excellency 3‘ fo‘farre‘fromhaving .3.P0wer to exercil’ethe oléMR’Fiall Diff? ‘ ‘ l “filing thn.t7y'olr‘iv”-6itld have been no Officer or Member of the Councell appomted to. govern:- ' “Km: ufikfléyou had afi'ec‘iatttl with them, and lay that Alfucittion or mntuall Ingagettgefithe , ‘ " "1* -' , 0 1m .4353 re. .. ”37°!“ch *9“er fat froth allo’it'in'g‘to their Genet-ell, who ever it would hate- bc'en (to: 5t, that ' 1" 'iime it was ttncertaincnhe power of exercafing the old Martial Difciplim: that aCCOfding'w .t‘helngagement no Olficct or Soldier can be rightly caflficred unlcfl'eit be by the Councelleon- 1 ‘fiitutcd by that Engegemettt: {'0 that your Excellency by your mum Engagement have put a” :3 fgt'iodmyout power ofenrclfing your old Martial! lecipline, 'and whatfoevcr Drfciplinc 5,5. it 4”;ny do what are you" better then a ' ‘tmpany ef'Rebelt d» Trdytory to the Parli- ' {lull appeare to the Army to .be necefl'ary 1.tnufl: be €011!“qu by the 11,,utual'1conlb A: of the Atmy, or thC‘if VP: efématives, unlefle you and they willdgf. f: 'mmt; for y‘ourtbenoplefiig [bdrm-mar, data: 15 'AE‘lgaéemmt 3‘3 TC“? marketmod thbfe I', authority, or‘devt, cmd 0761mm; ees. l7. principles upon whlch you then flood, % and yeeld up your {elves to the Pagliemems pleafure as their hitelings to ferve their arbitrary-"power,lichurkith janifaries. '- .In the third place I anfwcr, find: is againfl; t‘eafon,law,confeiehee‘, jttfiice and equity,to lube- ;‘ jcft me at one and the fame time, or any Other free Commoner of Englandg , and“ the Ring and power of two difit'véi Lawn, and Inch a bondage .38 i‘s-infiweorh able, and fuel: a mate of Entanglement, that no mans life whatl‘oever can be fafe or fecuee un~ : ;: dcr'itfihatl {hall be liable to be qucl’ttoned and dtflrOyed by the commeze Law of :belfiingdame, I abdihenbe at the wills of mercerzarie Turkifl') ldfliflzrifl (incite thecommoee Law will no: fiechfme) to be ~ qucfiloned and defimyed- by an un‘jufl‘atbiu‘afy Martian 13"! S" and if it C3956 5. j'uflly firovcd agamfi me that 1 have made any tumults, the Law andthc Ordihatie Courtsof' . ’1,ch ateopen, by which and by no other rules and proceedings] ought t0 be towed, and “it ' ,jmitcleere by the Statute: of 3. Ed. t. 35. 31:26:37.3»;14. 18. (’9' 38. Ed. 1.912% 42161.33. ('9 2. R. z. 5'» (9' H. R: 1.“. f ,5“ pert casket reportepaggt 2.5.6» 53H, , ..- "7, Kcmayefiv “.2311? Die’r. 285 (9‘30, _ jfifpla. 1'9. (’3' Lieu.~ Cal. jaimLilbume: 1} Grand Plea ofzo. Ofiobcr 16417. peg. . W 8.5 . _ > Hi; . ‘ f three Vex-Pleat page 38. (g'Lieot. Col? «» ft. Lillmrnct Anatomic aftbe LerdtTy- regny,pag 10. " ” . {Seeil—Ijg‘étfolor. 69* Elia, Bier-220.2% Dr. Bonbm: cafe, 8. part ofcoolgt Repott * mew. Cat. 30, Lélb‘umes grand Fleet, I Fag-.10. ' . f .See'Mr, Henry Martian anfwer tit-ti): Iaglcmd we: Zezfl' end. % xi. ' '1 SrButifor them to . .‘S‘eotcbpapcrs,' ca‘lledzbe Independemy'of ' be (aid or can b‘3‘pr0'VCd5 that I have belied or fan. dalized the Generall, to the taking, away of his good name, ac. yet fcandaiemiemgmnm is not: to be tried by Martian Lew , got yet _ ei’thet by Ike- HOufcof'Cemmom, or‘tbe H on]? of gar'ds, but on} y, 8: alone(now the Stan Chamber is downgby an A- fiion at cémon Lawfiby a Iutie of my equale,& no where elfe, it being a Mamme in Lawflflmt wber re. _‘ Med)! may be (ml by an ordinary com/e in law,tbepay. ' I} grieved [ball never 1mm; “bjgj'ECDfll'fgjfl meteor. duties '1- " And befides‘ffo‘i? youf'to [proceed aim we, and to be both Parties , Juryah‘tl Ibd'ges, is a thingthat the Law .abhorecs‘l“, ; ‘ .. g ‘_ . In the fourth and 131% place Ianfwer, that the. Parliameht it fel fe, neither by Aét no‘r. Q‘leflmfie canjttfi‘.y or warrantibly elefl'toy‘tl’ie' ‘lufidamcn- ' tall'libertieta~ andlptinctplcs‘ of the commoo Law. pf} 'Ehglémd,‘*iit,being a‘mbxime 'itflfl'aclé'v .an’d ’reafon" both , Tbat’alffucb {Afixpa'nd‘ Orflfidhces arefipfo. faétozmll ezidmidiéz {mfg a'ndfi‘ind not at all, but", ought to be ref/Zed: mid (2004 again/37 10.15;; . . ~ ,_ ~4m~ebp<_e‘ give‘you'a powenlby Maribel Lawgnr under any other name or (at): whatever, ,‘ . bfybur arbtttarytyrannicall will: *withoutdue’ could}: ‘and proeefie of Lair; t‘o‘ grikeaw‘ a)! #53», i71dte_Life of Liberty. ofme, many free Commoner“ of England.Wh’-i§ré§vélf,; yet: it)? “anzy'of, you; ; *i‘.0!tn250tt1dtcns in nme of'PeaCC, when the Courtsof * will“ a“ fin 'OPmt' and “0:“5510 . “:5:‘ .t.. _. . .. ,.... ... . .- -. . __ ,V . .. ..»V. -« \ G) .. ,. ... .. \. t.» .A ,. .. > _ ,. occlz‘red Fr ‘r :l 1. ll ,3: 1% ml :3; (56) 'T‘ "3111‘ 663919: of this“! dot confident!) 'b’Gn [aim-r, that the Pariz‘awrtzt rteeuergave 490‘»: er aria the G emmll lime the War 5 [971‘ . drz! to extz‘uttfllarréa-llLawmeitrbrr. doe! . , __ _. _. ; - r . . a; 5.15 beli-zvc that famegbiefi: Extent tor} hf Martiafl Law, have any Legal! Cammiflion from 212: Parlidi to dcfimy it, is anabfolute deftroying of our fun. declared eoemie in Artfiég imhe KidédOEie tidy". V daméntaiiLibetties, and arafing ofthe foundatizi “ i on of the Common Lawof Eugland.'{‘ mm, who 3mg;- 15-ng 10°." {d‘bm’r'co f, ever firepower umo‘tbe General”! btmfc/fto makegepéfi ' 5m]! Officer; : andb:fls’c_s,‘al[ the Parliament men tkat at: Oflicm in the Army wtrr,(.2: I hm been gr-eandtdly toldfarmrly) taken oflby an Ordinance afbotb Ho ufet, which was never roped: Jedfime. . E A” nd therfote fuch a power ‘0"? Arbitrary Martha! Law,cann.ot jufily by the Parliament in time :ofpeace ,_ (3:6. be gzvetx unto you , (yet if it were ) he jufily or watantably executed by yofl. ' j ' ‘ And halides, hath houfes‘themfclves by an Oidinance (unlefl‘c they alterthe whoiecondh- I I efpecialiy in time ot‘peace, ' ‘ tut-i on of this Kingdom: ) can tizke away the life, due free Commonerof England whztfoevet.‘ 1 And therefore that w hich is not within their own: power to do, they cannot by an" Order or ordinanee‘grant power to Sir ThomatFairfax 55cc. to do, it being 2: Maxim: in nature, det 5“, yo‘nd tbeponéer of bemg there it. nor can be no ”See Sir Efo‘akrz part infiitur.€o.47; 4. 8. & ;._part, {01; 22. and 4. part,fni. 2.3» 2. 5'. 48 . 2.9 1. Val) of which bookt‘t are pub- lifllcdfor golod‘zlaw to the Kingdom by '23. fpeciall Orders Jof the prefent'I-Iouf’e of' Commons, as youzmy read in the lat! pa. of the (recur! part infiitut. fee alfo the Pe- tition ofaqjgbt. 7‘. See the Awhiétr fitflfidtiétz oftbé". 14 I 1811C: 1547. $on9/_‘ their ', Etclaratiorzr, . pay 39'- ~ and rbéir Latter fromRoy/Zon to the Lord Mayor afLmq’mfiftbe " o. lune. 1647-. ubisb the Printer brztb rzrglefied to. being. - 1. But it is in the power of the Parliament, or the tho Houfesmr the Hour: of Commons themfel-ves, as the prefent conflitutions of this Kingdome Randy", eithtr by Order or Ordinance to take away th-eltfe of a my free comm other of Fug/and,“ . . And therefore‘they cannOt by an Ordinance“ Order,efpecially in times of peace, give power to Sir ThomatFair/sz by Marfhall Law, (unlefl‘e they totaiiy alter the Co‘nfiitutions of the Kingdom) tognkc away the lifter lives of any free Cbmmo- ,QCI'S ofEng/zmd, (which all Soula‘ier: are at well" 91')?ch ) _--and therefore‘itis abfolute murtheriu the General! and the Counceii ofWarre, now to' (hoe: to death, hang or defito‘; any Soulditr o: Other Commoner what ever. by Martha“ ~~Law,for barre. , , g , _ .. ., ..., __f . _ Andthereforejdocthcthird time: as afriend advi‘fe you, to ceztiéiyotgt Elegant érhi trary; tyrannical! Marjball Law proceedings: w: rh me that. print in their 12ng offleclgrgtiqzzt, , . . am no Souldier, and font»: under the leafl pretence ofyour Marfhall Iurifdtétictz, leaf! in mined " to come you pa? as dear'e‘for. youz' atlhitratie illegal] proceedings with me , as Sir mam-d Earp; ~' ,. fan and Mr. Edward ‘Dud-Zey Iu‘fii'ctjs did,§¥ho as Sir Edward Cook dtciares in his 2. and 4‘ gem of his Infiicut‘es, where'veryiioflicioutgnd ready to ex: cute that ilicgall Aft of Parliimenrmade- " huh: I -I.H,~7.c3p.;tp.vhieh gave pow-tr unto Ituflices pf A,£fizo,as well-a: Iufi'ices of thePeiicc “ (Without any finding. or prefentment by the yer‘diazo‘f twelve mom-heingthe ancient birth}. , a right of the Subtjeft) 'upona bate information {or thejfirzg be Fore them made: ti: have . full-i - " “power and authority .by their difttetions touhcare and determine all Offences or con-i :flcmpts "co , 'ttedot doncb an crib)! or etfonsa .ainitthcform, ordittancr, eficaof' . _. W-“ Y P a ., 9 8 WW .... ., any _ .whichthtymaybeindifi‘cdat the ngwBthclt. .. (5 I ) ‘hmy Sratfifé niadc‘ind flSt repealed, 8w. by Eolcur or’whiclh A850! Parliamenltfiiali'ng ({éirhk ‘ f iihthisfundamenralllaw (viz. rhe 19.Clrtrpr'ero?MogrxaClrdi‘I'd) irisnor credible what 7 11' mined by them, for which (though i. casino: {fa-Li. :hey firm any ma :1 to death, ' and though: i f they had an exprefle AH: ot‘Parliamenr 2‘0 Lei-are rhemoug ahurzdanriy 19H? quefiionable then 'V , ~ \ an Ordinance for exercifing' Marflzal Law)“rhey were borh ' $536”. part Infiit. fol. 5 r. 8: 4. “imiréteé of high rreafon both by the Common Law and. narriol. 4 r, 196 .197. but ejpe- “ Afr ofi’ariiamenr,and in rhe z. yeare of Henry 8. they. 3 £5911} read their: fndié‘fment vir- “ both 10!! their heads i ' bitimret dorm ibid.fo.1.38,1 9 9- Therefore {mm all the premifes hy way of conclufion, If g Q ~ - _ . . draw uprhisproreflarion againli you,rhar by the lawes and ‘ g mnfiirurions ofrhis Kingdome, you have not the leak indicative power in the world over me; therefore! cannor in the leaf! give you any Honour, Reverence, or Refpefi, either in word, ( afiion, or geflure : and if you by force and compulfion compell me againe to come before you, ,‘- (lmufi and Will by Gods afliflance keep on m y hat, and look upon you as aeompany of Murde- reri,-Rohhcrs, and Theiver, anddoe the he!!! can roraiferhc Hue and Cry 0f the Kingdomc‘ _ "; egainflyou, as a company of fuch lawlefle perfons, and therefore ifrhere be any Honour, Ho. né‘liyfinel Conl'cience in youfl require you as a free home Englifh man, to doe me inflice and tight, by a formal] difmi {Ting of me, and give me juff reparation for-my monerhs unjufl impri- ~ - {unmen-r by you, and for that lolTe ofcredrtl have fufiainéd rhereby,rhar {0 things may goe no inflict; or elfe you will compell and neceffirare me t‘ofiudy all waxyes and means in the world {0 ptOC-ure {atrsfaf’rion from you, and if you have any thing to lay to my Charge, Jam 33 an Eighth min ready to anfwcr you at the common Law of England ,"and in the meant: rune Hhau: i- {ablcribe my. me . ' ‘ Tour fer/van: in year faithful! dif- ‘ln... a,.u..¢\; .— , 31%»: m] aréitmr} andmofi' I 019.4116 of 10W ”1”” ”70’” Malian [ggallimpriftmmmt in W ind-j (the Common: of England) :karpa]: i. fore,tbi: 1+ Deccm. 1647- 10‘0“" mg“! ' l ' i i i ~ ' _ WilliamTl’hiompfofio:~ [ t k The fore-mentioned Letter ‘thus followcrh.. ._ ‘ j 7051': Excellent; Sir Thomas Fairfax. K orig/at, Captain}- General'l oftlae‘meg ; in t}?! Nati'unfor Impertiaflf’ufliu mid Liéartit, theft grefiufi, =39 a = k. fl. 9 3‘ 9.» ,‘ “,.V_ ’53. 1 {I a . ~ " “My 1"; pleafi' your Exullcardfi' ‘ ‘ ' ‘ ’ " . , cceding: of your Councell of Warreagainfi: me, (I being a freelCommoner of England) as in: -- {,7 pretence ofrhejufl God, before whofc Tribunal! both you and I an“ [land to give an ac: gram of all ungodly deeds committed againfi him. And to I‘refi, ' - ~ ' - ‘ Tour E xcollcnci‘e: fervent; 5] .5, and rightequ/nefle inrée earth," Wham ”ma” 3 . ' ' #Wfimél Wdligun Thompfon, ‘ r - ”' , I : «rhofllblc OPPI'Cfli-Dfls and Cxaélicm, t0 tl'lC 112311)“?qu ”'gfifi-ltfi numbers’of Peepie, were cdm- ‘ é In“: prefenr unto you a Declaration and Prorefiarimr againfi'theillegali a'nli unjufl‘éroi; ‘ ' -» ' 931m. 1-4. "“42 ...,, [26:99th 14.. 1647,” [want tube rmfl excellent; Godfer' inflict 3.1-~‘§i+, Si :1 32hr? \ . -V 2-5..- .g-JV‘. _.. A 4 ‘ - ($2) The Petition thus followet'h.‘ To tée rigbt Hangaraéle- bi: swam, Sir Thomas Fairfax Knight, 6‘11“?” : 'i t , general! afar/t thefarcc: mifcd in the Kingdom: of England. , ' ‘_ ' The kamlvle Petition affirm of 70m” Excellcn-cies Officer: and Saldiér: firing'dndar ’ I . ' v the ext/Eadie of the Ma [1113“ Genera". e > . 4 Skewetb, I t ‘ _, ‘ 1:4” Hat where-a there are mifreptefentations of the intehtions of the late Agent: 0? the Army , and their a ~etems,f3y men of corrupt minds, who wéuld make all the end ot‘your mm and“ " : your Armies nobleand valiant Atcbievcmmts (under the power of God) fruitlefi'e. and would '- ' defirOy jufiice and righteoufnefle from amongfl men; and in Read of common good, and e qual, ., difltibution ofjuitéeewouldadvancc a particulate-[fiat interefl:& to accomplifh their unwarthy 1' Eifilh ends, amongfi many orher fcandais call upon the late Agcmt, they have blazcé abroad; ‘ 1 that they intended to mutther'the King, and that one ofthem (hould affirm it. was lawful! :Attd— ~ ’15 ‘whereasthi; was reported by 0E6 Lievt. COLHenry ,ILilbmwe 5 _it being altOgethcr moi! abomi- " ' nabldin our eyes, and dettaéts from the purity and ‘rightcoufnefie of our Principles 3 tending? only to make us odious to thepeople, for whofe good alone we have run noc-oniy all former? but alfo thefe late hazards. ' _ » 2. ~ We therefore defirc that the/45:3 Liam. (01, Henry Lilbumc may 5‘. fpt‘rdil] [1?” 2., for to teflz’fie apart Oath (a: ih the prefeuce of God) W190 ”/7 of [50/10 werdx, when. . tho/e word: were rig/ed; and when : and 229.63: in particular the words Were 1; Thin g at f03fuch a per/2214 #747 came ”rider 4 publiqm cagwkahce, med yam. Excel/excinta faithfullfarvafit: and/ouldier: mayfrcetbcm/elw: and other: flow [Mb 4f: pertiom. \ . _ h , Mm! year Petitioner: flue]! eater pray, (fix. , 2': f E » Will. Eyert.’ - ; - - f101m Wood: Iohn Crpfieman, .. , _ 3 Will. Buy» ,~ ._ ' ,‘George Hafl‘ell. T110. Beverly. ’ , t g ‘ " Win-T‘PIViGH ‘ W111. Evcrrard Wilt-Thompfon Commoner} :’ ‘ .9 i , . . _ -- _ . ’ The fo'rem'c’ntioned cha of 101m (reflemrm, which with his own hands he. 9 -' " delivm‘fcd touthe generallihimielfs thus toloweth. ' TO HIS EXCELLENCY SIB. THOWAS—FVIIRFAX, - AND ALL0 . ’ --hig‘Oflfiicersthat’fptetendtobe"Executor: of Martiall‘de. , .’ f. War-impl‘M/e- your Excellency. — ' - ,1 _: A “ I Was convened th6_1 6. Eecmber la'fi'beforc cc'ttaine ofyour Ofiicem, that pretendedlj tab? ’1 , 'fld;tbéme€s*ta~€th Ma‘rfilll, 'Who'attcmpted to "y me by Martha]! Law,_ for Cfflgine PW - tended c‘rimcs‘.,:-. {Pccifiédin-a‘pafier by way of Arttelcs, exhtbited‘byta.ma:tr’té?cfle fitofocmer, ’29.}. dates-.afi‘er’J ~ wafiagprifonergonlxthc'faid Articles wercfigncd by Hem] Wbalcy w ho calls him,- ' : - felfludgc AdWCIQCs-Afid the fame day an‘d time unto the find Oflicets I delivered in a paper un- ‘ der m9 haunt intituledfla'bn Crdfl'emm bis P!ea,agaz'nfl them/acceding: of the Generafl Officd‘t‘, . {0 PW! 12in 5! MW“ ‘9!!! ém! 339! match @9259 by the; {aid 09399;: “9053 the raid Mia. v 1 , _ z ‘ , tr wowswdfiablu ‘Jk’j .8 r 7:35.555.“ 5th zré :43 f9 '1 ,I l‘ c . n . :. . . ,. . g. e. ...«‘/'w. w... .4 .. -_ ~‘:,-':-2L¥~ - -‘ F“. . . w: n i n," .5. Wv . ”H“ ( ~ ~ A ‘ . Hun. M A ‘ . l .4 ‘ A 5 . - x .t 5",: v‘ ' "‘ ,fiél ‘53:: {aid Officer's feemed to he urtfatisiied With it, andthereforegeye me tithe till this poefettt _ tinday, the 20. day ‘Drccmb. I 547. to confider with my (elf, whether } would . {‘tand unto the ‘ {aid plea, or give in any other anfivcr, Having thereupon largely Confidered with myzl'elf upon the ends of our, late raking up'Armes,’ , Ihan in my own confciencc judge them to he no other, 614! flint/2e. deflmfiidn of all arbitrary, tyrannical! power in whamfoevtr, tbepreferoarion oy’aurLawc: and Liberties, m‘d‘tbp punflfin‘zme - of allzbafé that have endeavoured the deflmflioz; affirm. And having finer. the delivery ofthe l’aid plea reao the Petition ofRz'gbr, from end,to end 3 And William Tbomjzfons plea, delivered ,. toyoxr Exceilenqy, sec, upon the r 4. ‘Di cemb. 1647,,now in print, TWh‘ich you may read be- .. intituled Engine (1: Freedom, Souldz'er-s Rightsfi‘ upon the deep .- fore, pagr, 2: 335“”;45, and weighty confideration ofall which, I am compelled, outofthc i' , 47.43249: 50,33- ‘ fenfeof avoyding the being too jufily eficemed by‘all under-flan“. ding,rationnll men, a traytor, and fubverter of the Lawe: and; liberties of England, to hand untomy {aid Plea, without any further when then this. " Thatthe government chin e Army by Law alag’liat’l, is only nerefl'aty when the Kingdome' is invaded bytt {orraign enfmie, or in a generall hurly‘ourly in it .fclf, being ready to march agamil' a declared pro‘f'e'l'lp enemie ready to defiroy it with fire. and Sword, andthereby {hue l ‘ up the legal! adminifiraiiOn 0! iu'llice Upon Tranfgrefl‘ors and Ofl‘endersin the ordinary cotrrl'c thereof. .. . . But now there is n o forraigne enemie upon the march againfl England, nor no general! Hare ly Early in the Kingdom: by profefled and declared enemies againl’t the peace thereof ready to deftroy it with fire and (word, but all at the prefenr ”Forwhpm the S tarutc law in fuch a 6011- 'is thibly in peace and quietnelle, and the court: of. dition,h‘a'th appointed panifliments to be iufiice alloperrto pram/77 all manner ofofi‘endere infltl’te‘d upon them in the ordinary wb.zrfoetzer,(yea Souldiersin Armesthatheye tang. Courts ofiufiice,either for falfe mum-rs, ken the Statespay ‘) who onlyin times ofpeacc ii 5 cheating the Soldiers oftheir pay, or for (as thisis) are folely to be punifbed by the rules lucer giviog‘rhem leave to depart, or for and proceedings of the known and declared law of the Souldxcrs going from their Cullours Englamt',and by no other rules whatfoevcr. . wightfllfidfififilll leave, or for imheal’ing And therefore it being now time ofpeace,therc is .' Horfe OI"AthS, 8ec. See the . 18 H. 6, no need ofMarlhall Law,neither can your. Excel- 179. and z, and 3. Ed. 6. 1. :tn‘el 4.. and g. lency, nor any Other under you, upon any pretence UP. and M. chap. 3. and 5. Eliz. 5. and g. whatforver, derived from any power wltarever,ex- ‘ limes. 21. ' eeuteitupon pame ofheing‘efleemed andiui‘tly‘ ~- iudgedto be abl’olute executersofan AtbltrQI’y '1 and tyrannieall power, and grand defiroyers ofourLawes and liberties, and foin'itimenaay 5 receive the Emileofsrrafirom’sdmme, one of whole principall crimes I underfiond was, That he in Ireland, in time oil‘peace (when'he was Generall of an Army on foot) {bed the ; ,. blood of Warre, by exeeuting a Souldrer by Martha“ Law, when the. Courts of iufi‘ice were. , . OPCD. And therefore I doe abfollltely prorei‘t againl’c the name and power of your pretended'courg I, “31.33311, And doe further declare, that] iudge my felF bound in conl'cience with all my might: . borer, and i‘trengtb, borh (my words, aaions, and geflnre 5, now lknow {a much as} doe, (50-. oppofe, as the cafe now‘ ftands, all Marlin” (hart: whatfoevcr, and to judge my {elf '3 Tray. i " ear. to, the leaves and liberties of Englmd: if 1 “1°11” doc“? aEtion that might-b“: feeme ‘9' " ‘ fuppOH, or countenance that law and liberty defiroying power of M1 rflfllfl L4”: and C3“ “Ci - m dim n95 indg hit}! an heesfiaiufia? gasket {infill} nannies 99W. hSESEfEEFffB each In / Priflc (5‘4; l pri‘ntbci ng declared agalnmt) either erecutefit. or Roops' unto it; 3." with my humble firvlrc’, h tendred to your Excellency, leommmend you tat-he tuition of the Jufi and powerfull'God, ' and tell, ‘ From my finififl captivity andimprifament . Tour honour: fairkfgllfiwmr in. Windfore , which it both agaiufltb: and Souldier to the. death, f. In Waf England, and oar Agreement at ’ you mm not the momhofyour New Market, (the 4. and 5;. lune Infl) aw,» Cannon: aglinfi 1m to 4“) this 20. ofD-ccemb. 164.57. flro] me. ‘ lohn Crofleman. ‘ _ '1 .' . tThe forementioned Letter or Plea ofCaptam?c>1m Ingram, thus followeth.’ : > T0 53'! Eric/[€567 Sir Thomas Fairfax, thefe prefimtl Lil/£17 it plea/e your Excellency, ,; I Was condemned the z-o._Dccemb. 1647. by divers Officers alTeleed togethcrin the man; ‘ ner ofa Court M‘az'fhallfior {peaking before them my own Confcience and judgement with , ‘ . fobem’efiE, [about Meier (obit: bufineffe. Now in wflification ofmy felf', I muff declare unto. your_Excellencie,tbat in all [0371:6113 wbmfiuver, the member: tbercofougbt without cberlwon. emulamoleflation, or fear: afruinc and de/Zsruflwz, free!) to firm/g and declare the diflam oftbeirs. indgemcn: and caxfcz‘enccr. And undoubtedly the denyall thereofi', Would render all ' Councells whatfoever, ufelefl'e and vaine. And its no lefl‘e then the high: of tyranny in anypre, , _ veiling par tie in a Councell to ufurp fuck 3 power,as by terrors, cenfures, or force, to flop the." mouths of thofe who are of different opinions, and againfi whole arguments or fay'ingfbcy , ofl’er no reafons. . « _ And its no lclTe againfi law, and juflice, yea, the common lxght ofnaturc, for the member: of,.,_ that Councell (who were the only offended parties,to “fame to thcmfclvcs :0 be profccutors, t .flitnelles, Iu-rya-nd Judges, as they did in my cafe. , And therefore 1 am refolvedin the firength of God,ncver~to betray my innocencic, by ac- knowledging-an 'ofi'ence according as the cen’fures of my aecufers require, when my Confcienee %eares me Mme He, that as in the fight of God [did my duty, fo I doe freely declare,that I 3‘3". ‘flill clearely {atisfieth That Gnce our aflbciation by mutuall Ingagemcnt at New-Market to fiend as free Commons o-fEngZand, for common right and freedome. And {lace our conflitugt ring a new Councell to be our direéter in the manner ofprofecutinig thofc publique endsof. ‘ ju’flicefight and freedome,.there is no all'embly, bu ”hit new confi‘uuted Councell only wacky: I; ' ‘ is a competentludge of the Actions of any Meal... ”4 3‘ Whom thofe godjly, pious and righteous berin the Armie, and in his profecution of the: Gentlemen of the Councell of Warre tryed ends aforcfaid, And'of this nature. 1 conceive was? . for his life, for no other crime, but for his Mair 11-fold” cafe. 1‘ , h honefiy,.i-n profecutlngthat jufi paper calo Andi mull further declare, that I‘am no: only} K led The Agreement of the People, hand his willing, but I account itmy hononrto be under: ' : 3i Fe wastved but by two voice 3, Oamali- your Excellencms concluét, . {a long {as you {hall} \1 delta: and bloody men !' a5: according to the firfl prmcnples- manifefied in; . . the CommifliOn {received fr om your $1ch 1cm)!“ standing to the publiqne declaration of the Souldiery upon Triplo Heath, fin luj’r’xe, Iuflmfi; . 'And according to theSolemn Ingagement, neither fhallany “IE-139.99% 9:394“; 50. 7033.1.5 . ~ Eisensnciss. waeésaseaéjease shgseaésshsemx (elf:- ' * \ . ' E9? . l . . ' ‘1 ‘ (5%) .. 1' ,T; but fit-mil declité, that I clca'tely apprehend thehigzh‘el’t iniufltée ore9?3hting Matllnl IaWi if in time of peace, thofe law es are appointed for cafes ol neceflityand eXtremitie, when the Ara " Tale is marching againfi an enemie, and its then only infirfiablgeithet becaufe Other Courts of . ring!“ are not open,or there cannot be a timely profecution of offenders in thol'e Cou'rtst' But f 'thm all 0th“ Courts Ofillfilce are Open, and no enemie in the field to obflruét a free accrlfe .tétbemfind when every Souldier is punifhable in there CODIts, and by the known lawes of 5 the land for any ctime or offence; I conceive common juRi cc difiates Marlhall Lawes to be mil! . LO‘hflWifc (W0 Ccurts my: fubordinate each to Other, claiming the iurifdifiion dyer a Souldiee ' lilppoledly offending, when the Known Lawes (hall have acquitted him, he may {offer by the ' will of a Court Marika", And therefore the Petition of Right complained of executing ‘fuch "Marlhall Laws in time ofpeace.Which Petition being granted, it remaineth a: a valid Aét of Parliament againflf itlAnd the Earle ofStraford was impeached of High Treafon for procee- ding againfi and condemning the Lord Mount Norris by '7Sec the g. Article in the im- Marlhall Law, T though the lentence was not executed. achmcht oi" the Earl of upon all thefe confidetations, I cannot the be confident: Stmfllird Se alfo the r g. and that the jufiice and confcience which dwels in your Excel..- 19. Article of that Impeach- lencie, will compell you to reflraine the proceedings of that meme. ‘ Aflcmbly of Officers againfi me, who are my accul'ers.‘ And I. y " hopeyour Excellencie is fo carefull ofyout honour and re- putation-in the peoples eyes, that you wilant {offer my place to betaken from me, \unlcfle m y _. declining from the end: for which I alficiated with the Annie can be preved againfi me; or Cl 'l'ome- crime which according to law andiuflice merits fuch acenfure. And I am no: yet confer- It i . w. .‘. :- al. 1.: .18.. " . The proceedings of the Grandees at Windflire being {0 furious, uniul}, and illegall ”they .2;. ll W916: in which they led the Generall on hoodwink as their Rel-king Hotfe, to the pits brink of: ’ ;..::_ . bisownruine and deflrofiion, and to the Apparenkhazz 3rd oflhedding more innocent and . y- ’ {precious blood, ofexrraordinary choice Englilh men, and {weer Chtifilans, and to theyifibln ' 5 “Wing up by the roots of the fundamentall lawe: and libertitsof England, and in its place fee 55 913‘. to my felfof the leal‘t unfaithfollntfl‘e, but doe rcmaine. at ever» Tour Excellencie: hnméle [Err/antlohn Ingrams’wbm 1 I‘Dccembe'r 2 3. fince they have caflyiered beam/e he was too Thane]! and quick fightedfor them, and whom I bear: but}: it [anger Jifeourfe 164.7. comming out again]? their unjnfl proceeding: With hint. .. ' ‘_. (fip and executed an arbitrary, tyrannicall government of Marfhall Law : by the rules and infiicc‘ 1- Lofwbich,thev might have as well, as jufiifiably, and as warrantably condemned to death all; - -: Elle-free men of England, as tboIe Souidiers they did. The {Erio'us meditating upon all which, 51'} perplexed my very fpirit, and therefore I drew out my pen to make an alley uponthe Generall, / thereby if it were pcfliblc to flop thole mcfl delperate and unjufi proceedings. The {ubflancc Of'tvhitl: Letter thu: followeth. To his Excellency Sir Thoma: Fairfath-efc pretent.‘ , I. " (M47 itpleafeyour Excellency, ' . .. . " Aving heard that yottr Excellency? {bould fay there wasagreatdesle ofreal'on in your 3?: prehenfion in Tbomp/om plea,And you wifiied the Officers unlsl ml! neighit, and ‘9‘ '9 WE?” tufts: 52.1.9, ' ’ " ‘ " ~ ’ ' hair . ( s6 ) And being yefierday hr the Houfe ofCommons doorc, I met with divisrs of your Ofl‘icersfimd in particular with (Leaner Mallet Generall Heron, who in his difcourfe With me;was pleafed "i to {ay,T/9rzt tbs late Plea for the Agents warfizfl offalfebood: and net/fakes , and my {elf in dill, courl‘e came elofe to him before many peoPIe, and preferred him to maintaine before any com? parent lodges in England, upon the perillof a fuflicient drfgrace to prove by the genuine‘fenfé ‘of your own Declarations. and the Lawes of'England, that there was not a fall: nor mifleken fencence in it all. r _ ‘ : Now may it pleal'e your H :nour,having_m_any Olaligations, upon me to your particular lelfe, not only as {am amEnglilhman, but alfo as a fuffirer. And being much perplexed in my own {Eiritat tholii mm}; late umvorihy ae‘tionsthat are done,ypretendedly by. ver‘tue of your Autho- 11:31, by men of a‘powetfull and corrupt influence inyour Armie, the difgrace and dangero’l' whiclrlyes very deep upon your felle, which l am alraid inconclufion will coll you very dam, ' yea”, the head upon your firauléerr‘il‘you pcrfiivere or fuller them to perfevere in their late mur- J theiingaarlbitrarylgfi'annicall,ilk-gall waycs garadtliereforc-out ofthat reall and firong ail'ei- . fiion, Khalil truly beat: unto you: EXCellencyj ] am compeld to pr0pofe and offer unto you? ‘ Honour, that rfyoupleal'e under. your. hand to grant fair: comming-and going to my felfand e; 7 friend or two, and if: dempnitie for our difcourfe, upon rhe debate: we Will come and wake up?- ' ' onyourExcellenCy at IVmflwc gut’rnd againfi alliyour Oflicersin and belonging to your A‘r-my; maintaine the legallityand rationality of every line andlentence OFTbompjorzs. Plea, and the , flea far the Agents (the printers faults excepted) your Excellency in your own 'perfon a: the 1‘9? difpure, fitting as Moderator and Iudge. So with my heartiella and truefl: fen/ice prefemied {a your Honour, l humlly take my leave of your Excellency, and tell. ‘ I from my me]? il/agdlanéimiufi‘ A: true ana'fait/afulla firvdnt to 1011,43 emf i , . Captiqigyywbicb _‘1, an: confi. ‘ you have in your Army, though an 45/01,“; feat; demirewtimcd éy the power- «Hunter and deteflor oftke late afiiom of 26;" fall, influence af/amq great Of; 7.0m pretended Cognac]! ofWarre. ' lam}. .5“?! 521. refirflrmierfi dair- 2243,. ‘ i -. . \ :11, at December, £1642."_ , John Lzlbume, {his pa-yedue 3% 'a . tirique Shnriezinfbaw, Com. gen;Ir-etan,who are [will maintaine it the 'principall Cupporters, “pk-‘91; [l4 ers, abétrers; preferver 5, and defender: of the ufigping Home of Lords, in all their ufurpations, ”1:: y ' gall opprefliofis,ltyranny,andmurthering cruelzt‘iefior which i’fthere were any jufiiee‘to be had, ghcj , .I.e{erved:hetrer to be impeachedoffiégh Treal‘oni’for fubverters of our lame: and liberties, then 1}}; Earle ofiSrrefierdfiid in thathelore theireyes, they have feenhis-fev-ere puniihmenr, and yet Wallsjiil‘ his flepto . ‘ Pafl/‘cripr. ‘ ; Sir, Ihavealhgned the prifoners at Ward/ore to waire upon your Excellency {or an anfifgr; to this my Letter. and” I defire further to let you know, that ii your Officers begunwill’ing mimibteee my defires herein, It will be a clone demonllration to-yozxr Excellency, and all the” people ofvthe whole Kingdome, that they have jugled with, deceived and deluded’you,ancf broughtyouintolife‘and honour del‘troying (mares. 191m Lierm. . l ow or r; ‘ my ‘ -‘ a .1. .1 l ’ - This letter of mine was delivered to rhe Generals ownhands asihave been informed b ' fame that was bY)buc 1 havenocrcceived theleafl anfwer untoit.,which makes me comma a _‘ 1 that (mam/1 and Into», and thereunder Creaturers are convinfi in their cmfcicnc'es’thgfi .' l in?“ ,1} “09513? leaf} 93.34.49". 9r groundinthe world,_for them in times of peace :1?ng If" - ' ‘ ill 3 ,e if 9 v, . 3.! ;V “In: 55 v-a¥’$.w' V 5.1 4“ <3 fir, II}- ' —~. pun” \ A; ' , ’ particular. * For-the Parliament owe: me for m; ju/i ; arearembe grearefl part of a x 000. POhfid ‘ [find my Ordinance!” 1000. l . reparations“ fiagaz’nfi my uniufl‘ Stancbmbcr lodges, :' {93411714161 dormentin their baufe this two i a) there own: Members, to when: out ofrbe (oblique money they bevegioen small. '4 preceumnbet I wilupon rbclofi'c of mylzfe .widmtly make it goodmwer fizf‘cred one g , “headretb parmftbatwbich I did before this :1- ' 1. Parliament ,and er I am told {me ofrbm ’ ,beoe receivedal there 5000, you 7241:. . * Utmgahbougbflnce tben,l know fweréut '. T n t. =, e ‘3 ..._, . . t . . . r '5' v "*" ‘ ‘ ‘ ~ ‘ V» . l \ I ‘ V I V r a . _' {Mitlhall Law; the {tall knowledge of” which, they Would‘not Mllingly the Generall‘ fhould be t «polleffed with, as it is probable at (och a difgute as before I offer and am ready to performc, he insight he,and fo might/be (any, for that murder committcdupon the Soldier, that was lhoe at. ;Wrzre, for which I am fore (ramwelz', Ircton, Paul Hobfon, yea and my Brocher Henry Li!- ~i thmmfif he were one that had a hand in the cooling of him‘to, be [hot ) a: well as all other: Ethat had, may by, the Law of England be apprehended, indified, and tryed a: wrlfuil murder- 4‘”; and I am fore in the cyeof the Law‘of God or England, no plea can fate thei~rlives,in anyI 'oneofwhofe condition, (in thceye of the Law, to be tycd .to live tn England 9, that had a ‘~:handinthat manswillful murder {Would natbe for al the gold to England,nnd let me without ”contemptgive this advice to the two great forementioned Nimrod: otthe Army, (whore prrfene F - power is bent to {upptefl‘e our fundamental laws andhbertiesmnd to build upmnd eihblilh the thighcfi of Tyranny ‘and prote& Tyrants ) to tame over a new leafe andturne honefi, if they :have anygroineo thereof left with tn them, and bend net their parts and power, ‘ to plead for f’ and protee‘t the prefent tyrannicall Houfc of Lords in their unjufi ufurparrons, and to d’eRtoy y me in my unjnft 1m ptifonmcnt ( which I know i: only continued by their-power and memes ) for doing .yduty to my felfc, country, and ’pollerity, to oppofe them therein, leaf! they necclfitate and. compell me for the prefervation of my felfe 5 wife and chils then, to finale out a man that [ball date, in the hightgofallthere unlimited potency, and uni bounded great nefle, to indifi them. bath for murderers , at the Kings bench barre, ‘ or elfewhere,‘ and 111311 date to indi&t the fudge-s for perjury Bic. if‘they (halldare' to o- bey any command in England, that the" command them not to doe iufiice and rightinthat , .. . , And now 0 unworthy and diflaonoutable Cromwell, C that I ammo and will iufiific E: _ to thy face ) ’ thatbrought and drew me into my fix ficontefl with the Earle of Mausbcficr, and ’ '7when thou hadefi ferved thy ends of me , win. to helpe to pull him downe from his Major 'Generall-{hlp} left main the Bryers to be worried ,and-tomein peeces by him, and now keep; ell me in Prrfon (to the apparent hazard of my tatall deftrufiion) by thy power and influence, for being true to thofc principles of reafon, truth and iufiice , that I will iufh'fie to thy face, thou waft as high in as my felfemhen thou engaged me againfi Mancheflemhe Both: of é‘jfi-x ' .&c. though now thou art vifably and defpcratly apoflatned fromthem,tothy {home 8: eternafl dilhonour be it (when, but feeeing.(as my ownevfoule tells me ) by thy meanes, I. cannot get one dram oFiufiice , at the hands-ofthe Houfe of Commons, upon my complaint, aganfl the prefent tyrannical! ul'urp'mg houl‘c of Lords, I here pro- _'clame an open defiance to thee as a profeifed5ne- my to the fundamental“ ‘ lawes and llberties ofmy native country, to dot: the worfi thou canfl: to me, a man in fome fence .almoft devoured 3 by the Ty. ranny of thy fellow grand Tyrants in England,un-i- den which I have tranl'en‘damly' fitf’r‘eted thirclea b ven year-es together,and therefom feeing that thou and theref’c of thy Tyrannicall confederat/es 1n the prefient houfe of Lords, and the two (him; Srgaker Srjobmand Nat.Fines,&e,‘in the houfeofCom.’ mans neceffituoufly compells me to fuch tranfen- dent {traits and excremit'tts as you do and keep a! 4' my own {ubfifiancc from me,” Be yet according to Lawfit the loft cuflom ofthe Tower where- . x H * 1am is?) am Prifonér wil fiat allovv'nt'e 5 {meme according to my inalityfifi't of‘thephhliqtle 55M}; or thofe that mofl uninftly and illegatly commited me, by meant: of which in theeye of was {on I am likely firmly to peril'h,and be defiroyed, yet in thefe great limits, in the might and ‘‘‘‘‘ :r ,«wh-wr ‘,: arength of God I fay to thee Ovarmwell, with an undaunted refolntion, as the the three chil. ‘ dren did to that grand Tyrant Mahmud-ureter, when‘he was ready to throw them into the hot fiery furnace, O Cromwell 1 am nor care-full ior all thy greatneil'e, to tell thee thyow nemn’d to let thee to know that the God whom I ferve,isable to deliver me, from dry power,and great- ‘ Belle; BatlfflOt,bclt known untotheeo Cromwe11,that I willnoe ferve thee not woifhirp or fland infeare of thy ryrannicall power,or that golden or pain-ted Image, the prefent Hou e of ‘ Lords, which inthy Imaginations and fancy thou hall lately fer up , that [o in time than mayefl be one thy felfe. - - , t , . ' ‘~ ‘th upon thefe Pleas and Protefiations of the forementioned honefl men, comming 1'. thick upon them, with the gallant and heroicall'carriage of divers of the orher prifonersae' Wind/ore, with the late thunders oer. Sidgwfck and precious Mr. Saitmdrfli, theft: new Ty- rants the Grandees, had fueh a curb put into their mouth, that it {o flopped the furioufneli‘e' of their bloody and murthering’Carreare, that they were (as my often Intelligence fives mero- nnderfiand) confounded and amaZed amongfi themfelves, and therefore fer their Imps and an. derhand pentionayy Agents or worke, to perf wade the honefi Agent Prifoners eoclofe in lone , . . e , and union, with fome litle kind of(though itwc‘r‘e TAnd thenthey and [note of there Pencio- nary Imps, lyingly get their Diurnal! Mer- euries to print to the view of the whole *Kingdomenhat they all had acknowledged their faults, and cry’d peccavie, when as fame of them that‘are named in the Di- nrnali ('0 to doe, ' have told me that it is the fallen lyein the world, {or they never did any fuch thing, but ever did and {till aloe abhorre the thoughts of fuch a bale ind wicked acknowledgement. ’ ' but feemingjtelufiancy offlpirit , .1“ and then the. General}: almightinefle (in whom thofe ficofan. tiling Grandees, plate as great an omnipotendy.“ as ever the Courtiers or Cavialeers did in the King, the more to ferve their wicked and defperate ends, forthisz dare confidently fay, ifh is Excellency would noe let his Creator Cromwefl rid him, he- {hould (hortly and as fearcely charge him with an- impeachment of Treafon, and breach of truft, as ever he did the Earle of'mambefler, by meanes oz which, his Lordfhip hath of’lare been very time. and gentle to hisgreatnefle Lievt. Gen. framing); ]. _ maid-pardon» all their ini‘qui-ties, and pall'e by all their tranfgrelfions, and forthwith one of Abel): 19]}: is called, that [0 they may. more clofely and cowardly finite With the hit ofviicl'ted. nefl'e, that being too much the apparent end of all the‘irhowling lamentations, Which God '45-. count:- but mocking: unto him, and without amendment of av eyes, and doing juflice and int/gamut, reliving the afflifled andopprtfl'cd, and breaking all the beavieyoaét, arc odious and abomixebg in bit/1gb: El‘ay 53. 4,1,6”. andMicah 6. 6 ,7, 8. - , ~, And after the fail (which "Was bytheir‘Diur’nall Mercuries {efficiently blown and founded over London) to falveup their on n reputations and credits, which1han was very much Nailed, and to preferve their ovm tortering greatnelfe, the tumbling down of which they were afraidm~ - by the great Hatchet: theScars {hook at their roots with, learfnll demonfirations, to high and mighty dramatic-{land ITEM”, that the S cars would arithm- th-emand get away theirlate admi ed and dated» . 7 Far oppofingwhcfe intereR till the pen-3 upon darling the King from them, 7“ and then {33051- ples liberties Were fiti’t ferled, they fought ' t-hertiine and defi‘ru&ion" of all. thol‘em ~...-. in their thundring difeourfe {ort ‘ Kingsand his anfwering ofthe late 4;. bills before they were fenbhim: tml‘ Ole‘iCh were ' all their expected Court greatnelfe, in wearing 4. anal/[9614c Gate, the George and‘n Mm 71.512122, with. i ' i m 4} ~ I ‘(iéi Hilfbetitle 'ofiat leafi) 'Earlof Eden, and Licormanrm Q‘tizerall Field M49154]! Of ireland, and {'o u -- 1~~o - K“ perceivingthereby that the intertfl of the Scots was like! y to be joyned with that of the Kings ad‘dfo Royalltfme and Presbytezywouldlhortlyfwallow up force’ablc and‘lafiious Indepen- _dcney,efpecially if the interefl ofthe hone-R NownSubfiantivc Levellers f (as the King their a». . amntggitrg -.i “W?" mfisuim‘a‘i‘“ :— ’F'Quandum good Lord (in hismefl‘age lei'tat Hampton Court when they fent him to the Ule of Whigbt) lately chrifined them, as he had feverall times done the Parliament, in his leverall Declarations publilhed’ the beginning of thefe'Warrs) {hould not be indeavourtd tobc united to ; ,theinagaine,that {0 now in their nCCt’ffity and firalights , they might once againe make clofe ffiooles of them -to {hit in, and when they had done, to throw them behind ‘ thedoorc (asformttly theyhad) as unfitto remaine in'thtit light tillth-ey needcdthetu againe. , 1 p . t :And therefore to kill two birds with one fionempon their fail: they releal'e'the prifoners as the mind of God ,when without doubt they had refoived it before, as the only expedient to reinbalm their juftly loft reputation. And {econdly as the only nteanes F0 reimpinio’anre them imorhe , good thoughts "of thofe men, they and their late royall friends lately chriRned Levellers, and to i. add firength unto the lull, the two chitfe of the (Brandt-es C‘romnrcl! and (rerun, came tothe ‘ Parliament toheighten them in their vorer againfi the King, becaufe he had fotlaken his fiitfi loyc,and would not be content with that price that they would give him, tolctthtm reign and- rule under him,the w hich if he would have taken,no doubt but he might have eom’d in to have ' joyntly With them opprefl‘ed and rid me people, but becaufe it may be the Star: feareduf he came in by, the Grandees of the Armynhey and hte might joyn together to chafiife them for all their old former provocations given unto hoxh,a_nd theriore out of metr fafety (it may be) tothem- ;} felves outbid the Grandees to gaine the Kings affefiiongt which/they are mad, and therefore - to prefetve their own greatnefl‘e, and to gain: if it be pollible, the loll affefi‘ions of the honeft .2 . Nown-Subfiamivc Englilh men, they the high both againfi him and the Sears, that fo they , may‘if‘poflible induce them to joyne 'with them in a new war,(Which is that interefi and trade) ' (without giving or oifering unto the people the leak valuable confideration for all the blood t f they have already loli, and are more amply like to loofe upon the ingaging in 3 MW waficayear or” intending them any, which for my; part I doe « 'lWhich‘ is clearely evident, by both th’eil.‘ 4 pleadén‘g and plotting For the fuppo’rratiA on of the Lords ufut'ptd Legiflative pow- 'Er, which Jwill maintaine t‘t againll: Cromwell and Ireron,theyhave no more ‘ tight to, inflrifi juilieeghen‘ a thiefe and ”5 (robber hath to apurfe which he, takCSibY ' 3 force upon the high way, which pretended " ‘ Letgiflative power alone, hath brought all - the warts upon this Kingdom, {Or if they .: 'at‘ 611! had concurred to the Ordinance of fig, the Militia, the King could never.halve ‘ been able to have railed an Army, and ‘0 feéntinue an arbitrary power for life, and ’ -=-' alfo htreditarily to their hei'res‘; b6 *hé)’ {colts or knaves, is the greateft vaH‘a—lage and bondage that can he, therefore I lay again down with them. abhorch and [hail difwardand hinder. by allthc .interefl [have in England. notfito undertake, 1111.; p leffe the antient hereditary, {ufiand native tight: ' of allEnglifhmtn indiffinent yibepartiwlarly'and ‘ clearly holden out unto them,and . fecuredawith 'fl'rong and good fecurity, thatfo Englilhmen as ‘_Engli{hmeu maybeunitedyand then when thati‘s: done, my heart blood I will;venture againfi'anyt interefi in'the world that lhallfilght againl’t it.‘ For to fightas hitherto we have done, to pull downe own fort of Tyrants to fret upanother as bad ifnoe: worl‘e then the former, I think is thegreateii mad‘ ntfl'e'infth-e world. _ , ‘ ; Now having at prefent done with the Grandeec of th'e'Armyt there being in much truly declared ofthem in that mail: notable hook Called Pantry Praiefir, (the truth of which, the brazen faeef’tof their Championsdare not with his pen denyam‘ H a. . ' ' ' we: ,(60) '1 01‘ flirf worm 1.2926541” Edmond Cbillitigton him/elf, their choice darling) that it here fairer m5 alabour. ‘ , ,. But before I come to touch uponvthe arbitrary tyrannicall proceed ingS 0f the prefentH’onfe of Lords, I {hall firfl infert another piece ofinjuiiice (which fhould have comein before )of the ludgegin Weflmigfla Hall, from whofc grole and habituated iniufiice arifeth the princi- pall mil‘eric ot'rhis N arion, from age to age, who immediatelybefore this‘Parlrar-nent, gave away all the eflares-of allthe free men of England at one judgement to the King, for by the fame right he by his wzilcould by his Ship-writs take {ix pence from us,he may take all we have, and by the fameright he takes our eflates, he may take all our lives. And if for that judgement they hadall been hanged that had a hand in it, as by the prafiice of this Kingdome, in like or ltfl’tr calc’s, lodges hath been, thefe that now furvive them would have been wary lo vifibly to foray » fweare themfelves by doing palpable iniufiice as they doe. For the fore mentioned-learned Au- thor Andrew Home in his mCl'l'Ol' of juflicc, mg 133' dCVlfiO‘} ‘08'. fauh ‘xPrCHY- Tbfltil‘it an abufe, that iuflices and their oflcert, who kill people by tbczrfalfc wdgemmt, better defirayed or other murderers, which Kj g Alfred tau/”ed : o be done, who tau/ed 44. Iaflices 1'22 otteyear to be ‘ banged at murderersfor theirfizlfe iudgememr. ' The c’afcrlratl {hall fer down, is Mr. Henry M00765, my. 3“"le fellow prifoner in the ' Fleet ,and the mo& lamentable and deplorable unjull dealing of the Iudges With him, you may 1 - briefly underflandby his_Petition which thus followeth. tTo the 'Right Honourable the Lora“: and [ommom afl'cmél‘cd in [tatla Hort/try. ‘Parlimmm. , The Humble Petition of Henry Mam Merchant; , - averdi&,obtaineda ludgementin his Maieflies Court of Kings Bench'ol 7000, 1. dcbt-~ - and 7. l. t 2.. dt‘dammaget againfl Thoma: Wright who afterwardswa‘s charged in executioner for the fame, in the cuflodieof Sir lob): Lentball Knight, then and yet Marlhal of the faid Court, and the faid wright being ('0 in execution for Compolition, offered your Petitioner above 3000.} l' l. and fecurity. for therefidue of the {aid debt, all the fame appearing to be ttue by Records and ' by proceedings inCha-ncery under the Great Scale of England, but before any part rhcréolfa- Iisfied, the faid'Sir 10.1921 Bantball (offered the kid Wright to 6039: out Of EXecution. > Your Petitioner therefore in Hillary Term: 17.1. (arali Regir. Ten dayes before the endot'u that Faggcaufedan aéiion of dcbtto be brought for the {aid 7.007,. li. Ltd. at your Petitio-- nets uit for'the {aid el'cape, and then filed a de claration againfi the {aid Sirlohn Lembafl for, the fame. But the fetid-Sir lobe to deprive your petitioner of- the laid debt, and all temedie for. the fame, in Trix. r 8;;Caroli aegis-,notwithfianding your Petitioner had fever-all Rules agmafiv Sir [aim Ltn‘tballfor judgement upon his declaration fo filed in Hillary t 7, He the faidSirIolm Lentball procured an Order to be made by .Sir lobtt Brampfiott Knight. and Sir. Iboma: Made: SHEWETH, That whereas your Petitioner in Hillary Temmyrtma t 62‘Caroli Regit, after- i I l a - l Knight in Open court, tharyour'petitioners Declaration filed in Hillary r7. {hould be filed as. t ~ ‘ of’Eafier Tearme the - t 8’. contrary to jufiice,the law of'this Kingdom, the libertie of the Sub..- jufi, and the rules of the [aid Court, at your petitioner is advil'ed - And for. that your pCjtitlonen being-f0 adviled that the {aid Order doth uttéfly barre your ,petitionqe’of his; {aid debtfloura Petitioner-{everall' times publique'ly in Court and otherwife moved the Iudgts to alter the fame, but couldnot prev.aile,,as appear eth by the Order of the faid Court, and for that, that , norwithllanding yourpetitroners camel! {elicitation f0: his j udgemcnt due by the rule: of the; ‘ laid . fi#______ k A W (61)— '1‘ , ’l'aid Court for the {pace bf above fouxeyeares together, ahd his great expéhee after t 54.. Orders i ‘ made in the faid Courgthe now Iudgesof the {aid Conrt,Mr. Iufiiec Bacon, and Mr. (unice‘ H 2 Roll hath confirmed the fame, as appeared: by an Order by them made, per Hilton 12“.. Acttroli I s , Regi: now roadie to be fhewed. . p - g In tender confidemtion of the premtfet, that your petitioner according to the Lot“? filed hf” i hit declaration in Htilary l 7. when the Fri/eater met ejcaped and at liberty, andfor "5“} 3.. that the fetid hedge: Order contrary to Law horreth your petition. from “pro/ecu- ’ ' ‘ ting ttpon that declarationgtnd hindeth your petitioner to file“: declaration as of f. Eaficr term: 1 8 .Catolimhen the fetid Mar/hall nleadged that he had retake» the: p, . [aid Fri/0270‘ .ngnin and that he me: dead, and that your petitioner: deht it doe/troy- : at by the [aid Indget Order, to your petitioner: dammnge ethane 1 00001. eflndfor ,1”, f' ' that other fieht: may he deflroyedh] the like. I f men he herr’dfrom the benefit of t it their jufl Record: duly fil’d a: the petitioner it,contrar7 to the Lower of the K ing— - . dome, and the lihertie of the Sahiefl, Which appear“ to he done (in this Cate/e) h’} ' . the Order: them/e121”, .. . v Your PctltionCt humbly craveth releifc accordingto his damages. And: your Petitioner mall pray. " ' Henry Moore. fWhieh petition the {aid Moore delivered to Col. Henry Martin, and divers other Parliament _ . ' . ' men,butcan nut fo much as get his petition reitd‘ . fit isworth the taking notice, the Spea— in T the Houfe, upon whom he hath long attended, her is Sir ]’obn"Lenthalls brother, and iti: , and (till waiteth,& mofi earneftly, and deplorablyn almofi grown to a common proverb in cryeth out to be l’ClCiVCd from this intollerable l‘~ t'zngland, that Parliament mens neer Al- opprefiion, by which the {aid Maoréig damnified: lye: as W611” thcmfclves are above the (as in his" printed complaints to the Houfe he de- “ reach ofall law andjuflice, which 'I am claret) above ten thoufand pound, to the hazard thatch-they looknOt {peedfly well about of his utter mine. ' ' themyill defiroy them every man. . . .1 Now I (hal here crave the liberty,to.infcrt the 'epi ttomty ofwy 0W“ cruel &'barbarou:‘fufi'cring9; fiigh this defire to al that reads it,ferionfly to cdnfider that what hath. befaln me, by the Lcrucll‘ I t'YTa'HY 0f by pafi Tyrants and opprefi‘orsgifnett Iron 1y: remedied end “P‘hdamay f“ fuhtrc be" . .Qineouragcmcm for the BRIE" Tyrants to maze (w en they dare for {ear of being glifmoumed) _g , , , g , ‘ the like if not wotfe upon the firfi Noun-Subma- ’ "Andi: “the createfi dcmonfirafien t0 1ch I Enghfll man, that an“ refoltrtcly Rand in it: to thewm-ld,that the prefient men in . their way.” The fumwc ofwhat'l have here rain. P‘owera‘wayes intended to walk in the op- fete, 1 ihall lay down in the "17 words that “CH-- '- cmvgatyranous ways of tthtarcham- mated-in print to the Membersof thc 1'10“!"c 0f 5 ‘ nrfiigh commiflion,& eouncel board,in Commons at the ‘Houfe doom, ‘1“ 33" "WWW" ,3 monkey have done no man tfl'eét'tve iu- 13%, which thus followeth. ‘ fiice or right that {offered by them, Ieafl: their own Aas fltould‘be binding prcfidentsto pay manta-W W14 b9 bindingl’tcfidenm I? Eat Fhsmfrhct 5! in. 'futtttesiNSS-v (62) ,t . ‘lw - ~v»-""'t*”""‘ o“ "‘. ' - - ”WP“ -'”",‘ - g, e A new "complamtsof an old gncvancc, made by Ltth. Col. . Ink» Liléume, Prerogatwe prlloner xn the ‘ I owcr of London. ~ Newmlr. 2.3 , 1 647. To every Individual! Meméer of the Honey; ' . I rable Hon/e of Camma‘m, _ - ' “Y «ceding urgentneccflities,and my cxrraordinary filECl'lngS by your negleam' doing mei-uficc [and right, according to your mzany'oaths’an'a declarations, prcfl‘cgh me above meafutc ftill to play the part of thc poorc Impormnatc widdon , mun-,0. ' net! in the Gofpclfincgto rclolvc what c vet befalls me never to gire' Over (in 1 have attained he: «26, wigluflice. - . You may pleafe truly to takcnotkc (and-the ratherhecaufc many of you are new Member: that in thc fiat 163 7. and t 63 8.1fuflcrcda moi} barbarou; (entencc by the Star Chamber, . — ' " occafioned by two {alfc oaths fwornc agamfi me by vf The fubfiaflcc ofwhich, with my dc- EthO’ldCbiilmgf08,T now a Licvtemntundcr Col, fence againfi them in open Star Chamber, (4/1741), and ‘2'; my refuting to anfwer interrogate. and When I Good upon the which at tics agatnfi my (7:15, at exemtmg of which fab . {We 'infler, you maylargcly react" in the fence the x 8. of {a pm! 16 38-1 was tjedta a C4,":- rc azion 05m, 5m ruffcunggg cuiied The tayle at Fm; bridge, needy/24p! tbrougb the/freer: n- cbrifléan may: mull, reprinted by Will. to (Vefli-nmei: :r,and hadginen 'me} about: the num- Lamer 164) .' now dwelling at the black bar 0f «:00, firipen‘truba threefold knotted corded, boy within Bf/baps. Gate” , whim the. sreclcr made in my bat-lg thereby“ “was. A . ‘ ~ ‘. - biggrgr rbm Tnbacwfiipet, é'c. Andfet m6 but)": upon tbePillary bare been’in an exmmrlimzy that day,a:rd¢g.zg put. into my mouth above an, boure,to tbealmafl renting of my ja‘mesimfmeda; See my P313460! relate» of My bee/incl]? blfin'e the“ , Lord: bar the 1;” Feb. 3 64 g. where 4!! Mai; we; I) msrzcb more :mrawd upon Oath. And upon that fly dayfio. ludges oftlxc lit-d Star-Chamber made an Order to march“, = e. - ; . ~ and {tam my», "’ the very ward; aft-which Order 6cm * Which Order you may read at the .laf’c' ing, that thefaid Iohn Lilburn [541! be laid niche, end ofmyabove mcnztoncd _'tclation. with iron: 0); bis‘hzmds and leggsg in the guard: of y , _ tbe Fleetybere the baféfl and meme/Z {art prri/a-e- 749‘! are ufidto be put :And that: the Warden ofebe Fleet, take efpeeiaiil care to hinder the refine, ofarzye etc/ontwbat/‘oener autobim,andpr¢rtieularl}, (bat be bcnot flepplyed with money from“ anyfi‘efind. Andyet they nor any for them during all my impz'ifonmcnt ne 9” allowed me the; value ofome farming [pkcn to fivcupony‘but e'xccdtcd the {aid Order upon m: with fomuCh“ [Barbaritiq that my pining,‘mrmemlng condition; was a thoufantl times we: fe,and [die to ho:- indnrcduhcn anyifudden- death whatever,'under which without doubt I had perilhcd, had it“ noe been for thogtimely relicfc of thts Parliament, by which {aid {ufl’crlngs I was rob’d . ofal profitable trade,i n the flame: of my daycs. _r , ‘ And being-by you fctatlibcrty the 61% weeks ofyour fitting, J M: by the malice of. one: V‘ littletéua Gautier, by the Kings-cf peci all command ‘arrefied of high Trcafon, and the. 4.; Md] 1 54‘. by the KingfisGWtildil‘Caibfl; lrcccivcd a kind‘ofa'n"At‘raignmcntat the Lords bar-4. whcmzthc. {aid Littler” molt falfe‘ly fly or: point blankc againflgmc, to the appatant hanged. ‘ ofmy life and being if he had notbccn Comradificd' by the Oath of his own friend Mr. Ana" dream; a Councellcr, I‘lPOfl which day and at-that very time, the Hours.- of Commons were fo. ‘ fenciblcgof my fad and ufl'cring condition, that they wcgc plcafcé upon the report (2ch ' Freed: Keefe ‘9 9315*“: EhSICXQIn fer-Wis ' “ Refolwdg 7 ._hW_WW.V_W_W_W__ _ W_ WWW W A _ > J 0 WM ' ' ‘ Rtfiloelupott the qtiefliottlThet the fmtettteof theS tor chenh‘tr 3;th ageiitfitohn filhnine; q . 'Iit'itlegall and tgdiflfl the liberty of the Subicflfi‘nd alfo blood}, wickedfruell,‘ horbarous, hand 1 1 Harmonica”. ‘ * ll? Q. l ,-. mfiloed ttpou the quefiion, that reparation: ought to he giozn to Mr Lil home, for his impripn— l“ , Latent, fttfi‘efing: end lofletfitfi'ained by that illtng/fmtmce. ,2 ‘ “ ;. a ., " t, And yet l-ncver had to this houre one penny of reparations, although} dare" fetid? Pay" it, Ihove l'pent above athoul'and pound one way'and another in following you thetéfdrea. above = ;_,. , thefpareoffoovmyearet, which-isotonger time; for my thing 1 can read ofin‘Script'tt're, then , ‘ over the important: widow fiollowed the unrightcofi: lodge (that neither feared God not re- ' '2 vtrtnced men) ' aodytt ebtd imdjoflt’tc at his bonds. , _. , ‘ ~ ~ i .. _o That upon my deliverance,-by the affiliance ofone ofmy friends, 1 betoole my 5ch to' a trade ’ g {or mylivclyhmdgndof my own and my forel'eid friend, flock: it withalnaofi, 1 too. '1. ready “ «v money. and the lat; wars comming on, at the cit-fires of many eminent mm of (hi: Kingdom my ‘ y , 311C“ Chm“ friends, I 16“ my ”3‘3“,de it! iudgemetzt and comment: gtrded my (word unto my ll , ythigh,with an honefl refolntion to fpcnd my heart blood for the prefervation of thz’lawes ”and ’ ' liberties of my native country, whichthcn the Parliament by their Declarations, made me and the Kingdome believe was endeavoured to be dcflroy ed h) the King and his will Cottttcell. And " « having like a man of undaunred refolution adventurcd my life a: Edgebzll. and Brain/”oral, with ‘la-isf " good and advantagimts fucceiies to the Parliament, though with ill to my (elf, being to a'good ‘ value plundered M both places,and at the hit t'ohettprifoncr, where bythe inhumaine barbaritie Of (““3“ £0de and others, 1 We: diverttime: in danger after quarter given (before I came at 1: Oxford) to be htttat'n pieces, being pinioned with my arms behind mc,oznd tytdm another, and forced on foot through all thedirt andmire to march two dope: together. And being‘arrivcd a r - - yeifoner at Oxford Came, J was viGtccl by fourc Lords ,(viz. the Lord N twarkemow Marqucfl'e ' ”of {Doubt/tor, the Lord Don/more, now Earle of [hithefler,the Lord Mattr'aoers now Eailc- of Arundell ,and the Lord Andtvtrfismeiiengcrs from the King (a; they told me) and in his name . ptOIertcd whateverin tc'al‘onl could dcfire, in his then proi’ptrous condition, ['0] wcnld for- ' fake the Parliament, and'my prefent principles, and defire his pardon which they all unani- o moufly‘ P1r 0mif€d to get for mohut I told their Lord/hip: they were remake» in me if they thought 131:" was to be courted one of my principles, and as for his Maiciiieo-pardon I toldthem I {corned in": r A either the craving or accepting of it, having inobedicnec to the Parliaments then commands. “ done nothing but what I did thenbelieve was ink and legill, and forwhich I would willingly ' . lay my life down,and the defiringor accépting of a pardon would argue gt iltinefl'emhicb I told them! believed I had no need to conic-fie. Whereopon I we: dept in iron:- night and don, force!" ;. {to (yo in to} death: upon the flare, look: up clofe in 4 Chamber, whenl had noea penny of money. " about. me, being lately plundered ofall I had, and acentry‘fet army doorc, that I could one {peak With any 0“” fellow prifoners, to borrowa'penny to hey mebrcafiby meane: of'which. _ twat expofed- to the greatc'fl of firaights,and immediately in irons arraigned as a Traytor, loci. f‘ ’ for: Sir Robert Heath, ondSt'r Thoma: Gardner, 8tc. for levying «a: again-fl: the 10' ng, by any ' " ’ :thotitie from theParliamem, and lpleadcd to my-indiam‘nt, tellingthe lodge, ]- girdedimy- 5;] _ {word unto my thigh in judgement and confciencc, by venue of the greatel’t authority in tin: - V“ 0 land, With a refolution to {pend thelafi drop of my bloodfior the prefervation ofthc iufi lawes a”. endliberties of my native country, being (educed thereunto by noflefh alive, U amog—rzot hydro l ' N 7 “Wm 51%!" be It”! upon principle: Ojiltdgtmmf and ottderflottding, in the oft/irate whereof I told of M” l 3"" the): ‘1‘ "M1 ‘9 d1“ 53’ 4 bit/fer, at before] had been-either by 4 Boiler or a S nona- d,ond ha— 2 ' . ““8 era?“ '1‘“ danger of hanging by a letter of the Speakers of this Houfe, threatning unto. fl ; g -- . dim: hex feline-f, Aston. may roadie thefirftpert boo/e Dttl. 801.8%, ‘ . I" .. _ «1...; ,«( ....~, -44, J22; : h“ ‘ x . . ‘ I] <9 1 con- :l “ (‘ 64) . .Ic‘otlti'iyfiefl theft}, by hard ufzg‘c', a defpcr‘ate and. daugeriim fickflafl'cpf which? lat} (perch: Iléfl‘c divers'daycs, the inhumanity of the barbarous Matflull Smith, being fuch now am me, an; - “he would neither fufi'cr Phifitian, Apuhecm-y’ Snrgion, 00,- Nude to come near: men“ chaugh-fomc Gentlemen thcnin bonds With [me , got a pnore ha Ifffarued Parana to'lbokc - to me, y:: be was clapt up twiccjclofe Prit‘oncr fo'r.‘ ht‘lping me in thofc greatr firaightg, and It could notft-cely inioy his helpe,till IPUI‘chafcd "afar money 3: ch: hands of one of Smiths _ ' crucll tormcn tors- ' B) 'hich imprifonment ( bcfides my large cxpcnccs there) I lofl: at Landau in debtts, &c.'y ( my Debtors cakingrh: advantage of my araignmem for treafonswauld as they jaédpgy no my. fat: dcbt:)about 600.14:ch penny‘of which la}, upon mine own particuiar-Ql-.;_;§4¢,5,A_nd com-- ming out with the fame Principles 1 went it\,l batook my 5":ti w my fwot'dg'quain11, bevygfig rc- fllfidhere’at Londonadiversplace: of eajkyrofitz’r honour & with much reiblmion & imcgriric,‘ in. the midcfi of many dflcoura cmmrsfi fought under the. Ewe of zézafichqt‘ers command {‘0 - .long,t¢ll (by his and Others vi 1blc apofiati mg from the 51:9: {mine/,4! ma}, am! by the wick, cdncffc, treachcry bafcfl'c, and perfidioaflzcfll ] found mm x 1 had. 1,111; 4;! W Printiiles, an d could not for all the world any longer In}! Cavaléercs. in w hofc (emai- I was plundered the ‘ third Aim: at Nematktf to cm: valucalmofi of * Which I lid apm‘thiuraundwt the firfi 100!.bcfii:s many fcorcs of pounds ofmy Ownc ”Waltzing of S tr Thofairfaxer Amy. the many in that {Evita I. fpent, man: than a,“ the“ «Parliament tasted that none [hauld heave I reccwcd, there being due unto me at this day, ”fife in that new quell but he that would for my arrearcs there, the great-ca. Part of a thou, Jake the Cages-sautmhereupon though I was {and pounds, as I doubt no: uronjufi and true , profircd better imitlajutnttbcn before! wet grounds clcarcly whcn yOu plea": to make appear. 'had,yet I told Liza: Gmerall Cromwell That acthtlayingdown my command *1”.- who/e white 20y that: 11 was, that upon gotouflymigh all the interefi] had in Eflgldnd that! rammed [canted to (we/b bafe amt/er . ,' _ again to draw my [word {hr the Parlimetztjor hcz'therto I had [awed them, faitbfitlly and up- rightljout gfprinciples of Con/232nm and not as a M ercenaryfir their many, and that Mafier fbwer bewas, that/b01414! grow ieanu: ofmewithout acqufi’. I would never again: upon 02y tamer 57.1th W0 rldftrw that Maker any more. Atfar the Covenant wet} Kfiwcutgd tea/mt that bad no more canfct'ence than a dog, would take either it or any other oath what/aw” 1975;, am: advantage , andfor his ‘ga‘z’tze andprofit break: it a: [can a: he had “km a, by! ”My“, I fit? my Pd" VHS compelled M be hone]? out ofa principle ofconfiicnce, andttat out of be force of 04th:. And hefidet I for my particular Wald new: (useful; a Traytor to the Ame: afnzy God,.and ?. to tbggbcrties' of my native Country, 4: to take [1th an inputtinge wrangling, dtlhottourafile Scotch 0 4:17. " ‘ ‘ g betook my fcifc to an camel! pre‘fccution to obtain: at the hands of your houlc, my inf! and ’ 109g cfXPC a“! 4nd promif' ed reparations from my crucll Star-chamber Iudges, ( one of which Wit. 01d Sir H cm} Vainefits in your Houfit at this day) inthc following of which Imet with ’ fuch hard and unrcafonablc meafurcfim: only from t a. M70 b y Mr. 'spwltgrs mung: ‘Cmmitt'ed the hands ofyour houfc it felt, ” but alfo from its ' m at tight a clock at night, without beaff 5031mm“ ,in being cautflefly toffed and ,tumbl'cd ring mmbaugb at your alcove, or without ‘ ’ . , ' facing tho/é that acmféd me, and afterward made an Order to arrugn me [or my 13/}, 4 t Newgate Sefiongtmd yet releafl me without telling me wbtrefbre I was impnflmd. See my [we]; called I Innocent] and Truth iufl-ified. .. .. \ ~ (W ‘» ‘ w 31’”: on: , ‘th'ahffi‘er'a‘n theme : ' Either. ._ “-Zhirdly, as an Enghfly my, ( 6555 ' ‘ out of the handsol one Memengertoanctherfind fibril 6% 6651.6 testifhth‘erlthetit snide me almofl a: weary of the Land grimy nativ’ilsl aaieyj'e’rlthe j/raeljtei we ”of 113g tfihen,_the crnell Tyrant Pbarub made them to make brief: wfibiut'flraii,‘€f§eéiilly when iconlide‘teel that all this was done unto me by. thofe for the faving alive, and pteferlvingofa‘whont, J. had fo often, freely, and refolutely,with my fword in my hand adv'enturei my. life, and in the dye: of their grand! firaights and calamities been as faithfull'fto enemas eyét’foutbm was to $44 , Did, when he hazzarded mine and difitué‘tion From hi’sfather for fiding yiith him. Yea; and if it had then been in my power, could have done a tho_iifand_ti_mes moregjthen I didnctily bee liflingthflmhdihfic perfo.rt§i‘_ed their jufi Declarations tofthe Kingdome‘. But Before the .. {form of your indignation was Wellblown overnhe fearcenefl‘e of which had alm'offir overtyhel'w tiled me, behold fuch a futioustemp‘efl the to. of 140/ 7:6 4‘6"; arifetb ‘ ageihfi web] the Hon/c of Lords, at ifit would ham blow» me into an other Harv-4n, or have Metamorphafed me. into the {ha-pt a»: d habit a f a bait bee/1‘,and have robbed)»: ofall tbixgr that might give we the dmominas- tier: of m cm, LE V ELLIN‘G thereby the Liberties and freedom: bfall the Cowman: ofEngland, limp their arbitrary,Lerdlywills-(And having about I 8. moneths ago fled unto you ( as julle I [mightjfor flielter, prOteflzion, and jufiiec againfi them,,whichihy my fetterall Pleas be. Fireyo‘ht Committees I have "proved'y'ou onght long fince'to have afl‘ordéa' 1m: 5 and" having the 'u. of this initant'in [val/E aflzeete bf Paper,pre/ivzted ( here at your daer‘e, a: new I doc ta- yoar bands) an abfiraé‘l oftbeLordr tyrannical]; Mega/I dealing with me. And of all by way-of ' Plea,I have for my felfe to fay; with a'delite to {land or {all under your judgement thereupt on,whi’ch yet] cannot ohtaine from you, and there fore referring you to that Abflraét, and to my Grand Plea before Mr. .944 nerd upon the zo. 0620!)" [4.5.1134 11y Additional! Plea d7:— mxed dim it", for 4% the partial arsjcratfe and challenges; your band: a: my right and duel» ’ étljure’you'hefot'c Heaven and Earth, and before the Lord Miami). and his mighty and glori; 031$ Angells, Withom any more delaygto ad judge my caufe hetwixr the Lords and me,eithcr to thy ju'flification or cohdemnaeiongnd to benefit/lice dadrigbt by'bclping me to my emu. kept “Om me by you, and doc 110‘ 57 your 7- yeares delay of juflice, lay more provocations upon m'e,then my (trength and ability isable to heare,and then. go about to difiroy me, feemy cry— ing out of your oppreilion; whenin the eye ofeeal'on I-h‘ave no other remedie left me in this World hut that,or to difiroy my felfe, wife and Childrtxgwmch even natureit felf abhors. o: ,' elf: :01ch upon the kindneil‘es of thofe, that in future time to my repiOach (hall (as ' form from (whom lihould little haveexpefiedirfiave lately done) hit me in the teeth with it, which , makes the profl‘ er of their courteliee a [corn unto me,and the thoughts of. not being able to repay them againe; a bun-hen t0 W/Wfit- And therforeto conclude,let me in the bitterneflhof my. {ping fay unto you as the untighteous Judge faid unto himiel’fe’, although by; 19.10; image; bards me,you declare tbatyou neither fear: God, nor reverence radaryetfar' vi)" ' 'n‘e'c‘eflitie {ml \gefittg"impormniticr fake, mm at 14,? to doe jufiice and right; for if I mull :1 ye by yours,and the ords’murthering oppre‘ffion, I am refolved if I can help’e it, I will not dye alone,norin a cor. tger in filence. Therefore helpc me unto my owne, to leat’re fuhfiflan'cc unto my Wife and Chilv : .‘g, tirenghat they may not bee their breadwhen I am dead and. gone.Andifn0thing but my blood i . . . “Wyn-fervent} .cruellladver aries,if they be men, '1, {Mileage tbeflawefi 0} them in; Englmd’, ‘finfifaibapd,witb bit/liven! Whirl-and 'Iilge at 11427, ' taper upwind” my day“,- beiag {ready y‘n‘iia‘ninl‘Et-igland,’ Lord 9L 'Cqmmgncr', that hath any thingto'lay to my , Fir? at a rationed” man : 0r,' Sewndbga: 4 ref 07118:! man 5 (3r; (66) . !n the lat! of which I {hall delire no more favour, then 'every Tray tor, Regret, or Martian»; that if arraigned for his‘life at manger Semen: injoyes, viz. the benefit oftbe declared known} law of Eng (and, l y , findfi at‘pre . ’nt 1, red, " . , i y . From in] ’ my! illtgall, ‘fldr'viag, V ' 'Taur' opprefl'ed fi'ic’fld, that loud-C admafibering tyranaieeljmprifimmen: in _ _ [)1 "Jet ,auz {01'0” fariufliee and. the Tower of London, this a; ' Novem. right, , ’ 1647. going into the eight year: of my . ‘ , t ' ' fistula-fie exp-emu; inflate from tbeldeafé _ . ' . ' ‘ ' ‘ , ‘ . - andbard hearted baufe 0" Common 3.,“ .. 10]?" L115 “7 no ' .. Be pl‘eal'ed to rake'notrce,rhat divers hundreds oi this halfe (here: of papers! delivered the; day of the date of it to the Parliament mens own hands at their doore,and the Soldiers,and the a by Sanders, and while I was delivering them at there doore out came Mr 10’?» Ajbc the elo- thier to me,( a man that hath fingered about ten thoufands pounds for his pretended 10%: of the States m0ny,befides what he hath go: as Chair-man to the Committe for compofi tion, at Gold-Smith: HafliWhiCh if common, him be nor a lyar, hath been, lar ely profitable to him; as wel mother of the like places arel'aid to be to Others of his befpote bretheren )y, and told me to t is efi‘efi, that he had formerly'honoured me for my great querings, but I had of late; onned with Davidlmkmr to deflroy this Parliament, which he was pleafed to fay was the, bafes and foundation ofthe peace,and being of this difirefl‘cd Common:wealth,for which I ve- ry well delErved to be executed, as hefaid3unto which, with a good refolution Lreplyedxhaer 'ing my back againft their houfe doore. ) to this purpol'e : Sir, I fcornc your worries,T and charge, of joynin'g with Iudge lenkiar, or any other whatloever, . either to defttoy this Pat-j _ 'liamentpt the Common wealth, for I am the l' amt man in principles,t‘hat ever I was,and astute, to mine, as Iudge {culture is to his, though you, and the molt of the Members of your Houl'e, he changed from yours, 8: Sir l tel you,that before ever I fee Judg Jenkins face,_I had law enough. , to deale with twenty fuch as you are,though I eonfelfe I have loll nOthing, in that particular,- by my vauaintance with him,but have gained much by my imprifonment with. him, in .. the ' know ledge of the Law, but Sir, I retort your ow ne words, had: upOn you, and azerre that it in you, and fuel: as you are, by that fial‘pable injufiiee, that is aaed by you, that will net only dc: flroy this Houfe,but hazzard the retail di'flru&ion of the whole Kingdomci for 1 my {lee have waited upon you feaven yeares for Inflice, to my'large exprnee, but yet cannot obtain one dram ofright, from your hands, although you can finde time enough to ihaire the Common. we‘flths money amongfl: your fel'ves,by thouf‘andsand ten thoufands,& wheras you fay,that 1 dc. ferve to be executed,l Would have you to know, I {come your eourtefie or mercy, and, defire you from the to tell your houl'e,thar1 am ready’to anf‘wer the whole houl'e or any particular Member in it, ac‘eording to the Law of the Kingdome, at any barre of Iufiice in Englandmhen and where they pleal‘e , without craving or defiring the leafldrame of favour or» Courtelie at their hard: 5 and here upon the Gentleman went away as though he had had a fleein hi: late. . . And by and by came out of the Houl'c an ancient man (as 1 was told,ealled Mr, Jenner, )’ and he rufly demanded where the man was that delivered thofe bookes, one of whiCh he had in his hand, and I having. my‘back fall again& their doore, and lookin him fullin the face,- told him after this mannet,that I was he, that not only delivered them, ut alfo made them, and wouldjufiifie them to the death; faith he can you expeét any good at our hands to gite us fuels language as at the conelufion ofit you doe iunro which I replyed35ir,l will: you had not given 1“ng much caul‘e,by your delaying to doe me jufiiccfind right; and telling and tumbling-me . _-.,’..-“_ M-.- ., r e... - - _ ' . _ “ ‘ (67> , gt yoatheve done From . 30118 Goale to .. another, to ‘llpon. hee departed .and left me , " iters- . . ' ’ . But now in regard I can neiher obtaine lawnor inflict; at the hands of the Route of Come manheither upon my Star-chamber ludget, nor yet upon, not againfi the prefeht Houi‘e of Lords-,molt .barbarousttyrannioeall, arbitrary, and murdering dealing? withime , and feeling-it t: clearely dtfeovered. every day more then Other, and obvious in my apprehefiqn to every tatiotxttl’E inan’s eye, that the defigne of the prefetrt {teeming {anaified {Wayibg faaion‘; (which whoth‘é'y principally are,I have named before) is totally tofubjefi the freemen of this Kingdome‘ to ' yamledge and flaverymnd fubdue there fundamentall lawes and liberties; by erufhing in peeeefi . (arbitrarily end tyrannically,) euery cordial hearted and “NounTSubi’tant‘iVe 'E'nglifh man, that: . €13ngqu out. in. the leaf! to owne his-freedom“ and 'libcftkv‘sa'br amid {0'5 hthcm, thereby de- (non rating that they havelearlred their ledon‘we‘llfrom‘ithat Old guildedFox the Lord Say; . whoi'e maXimc- it is (ifhe be not wronged )v’that it is as dangerous to let the people know thcii‘? liberties and freedomey, as to let a [tomaeltt'Horfeltnow his firengthfind therefore it is, that my Lord and the tell of his new fafiionated Independents (whoin my judgment are gi'O'Wfi (mom tyrannicall already,then either the Epifcopalls of old, or the late {waying Presbyterim) 2 have {0 many Beagle: and .Curvdogge, not only to four! at, but to bite the thin: ofevery'mai‘t it“? can find out , that date prefume to write, print, or publifh any light or infdi‘mfiiibn (6 the _ people 5 and if they hold on but 'at little longer as they have begun; it i3 {5 5: {Gilt-(115167 will: " makeitdeath. as the great Turke dOth, (01' any man ‘0 k“ P 3 printing ptefl‘e; find fitting the? have (in my eyes) laid afide the Rudying the Gofpell of truth and peace,or praétifin'g any thing that is eommended by it, and are tatally fiudying end ptaétifing of Mitt/9349211, find are clofing and dahbing With the imerefl: ofthc 9‘15“qu riefls, ‘0 make ”1‘ publique palpits’found {9"5 * their . rotteii Praifeswnd who“ their "c" ““3er Babcllfandy interefi,’ tbo‘ush in this 8°9k~ 5 (by reafon of the great diflraatons of the—kingdome')! thought to have‘been very tender of "the ' Battle of Commons and its committees.a yctbecaufi: {la-very and tyranny is 31R“, 30! 07¢! . the threlhold,1 mull furniih my friends with fome weapons to‘ keep it out of the kitchine and . Hall,ltafi it get pofl‘eflion {Peedily of the w hole houfe, and for that end '1 (hell infer: my Dcfi: ance to Tyrantsin-_n plea,whichfihus tolloWeth. . - , : - 4 , .8‘ivé’196iifi§réaetirsié ittit‘ééti‘ttéti and _! went on gluing. away the‘ afotei‘eiidf "pa; .. ‘4 n *.I O - . A Defianceto TYtants'; E Ora Plea made by new. Col. Ialm Lzlbume Prerogative _/‘Prifoner in theTower of Lynda», the 2‘ of Dumb. 1647‘. ‘ ‘ . ' Againfithe proceedings ,oftheelofe Vandillegall Committee of, _- » =-L0‘tds and. Commons; appointed to texamme‘thofetthat are ., ' rt: ‘ called Longinfi ents', With divers large additiontt unto which .- g ’ " ‘ ' is an’ne‘xed‘a ice for the faid Citizens oiLondon again! -- m' ‘ ’ the Committee for-plundeted Minifiets, for ' ' . i ‘x - ' '1 theitillegall__impriioning. them for - '- " ' ' 59‘“ 5982‘? pay Tithet. .. i gamma inzngtandgisj towititiaé Esta, the Petition baggagmassg, w; . E, tgawu'add declared Lair ofEngland, a and Coo/gr .4“ PIFtinfiitmsyping; high I .ih'llc'itheyA‘fi ateot‘ding topaw, 1 9m, boundto QOBEEEfPfiliggcnt. . . Ob iii-.r‘f’k'f“. ”M M I ._ W 3 3: --__.,_- 'cy‘ -.._ .Vo (633) ’ 5 5;: King Imet‘his l‘peech to the PM. if Whitmd i 60.94814 1(- Par-back Deck, pa‘g‘. 1‘50; "and my Boole called the On:- eryes of opprefl‘edComens.j gag. 16,1 7. £3.33 and my Epiftle to Mr. ‘Martin ofthe 31/? M 41,: 11-6 4.975 called ”Kath . 04512;, Fag-2.56 » '> _ feign" Lg; ",9: l. nu): ft: See 390k: :7. part in&. upon the 19, Chaptof Magda Charrafq. { 2... 5 3,and fo. s90, '79: éanJresafl Timur, 9-. 78. 79. 8o, 81.. ‘aflncl‘Vox Plehis, p.37.and my plea before MnMartin 9f thceé..NW€fllo tytdnygpag: 5. 7 8._ a) - 1 5 45._ called'dn anatomy}? qutheLotdgs myhplurfe ot'life lrom me." '- obey them, hm- "h‘l‘ they ‘lMVe"the-micrthetehfi ‘ landwalk by thew'bitrafid vale: ofibcir my; W27: they doe not a& at Magiflrfarex, but as 5T]: rants; and cannot i—fl/flcb aflings challenge any obedience, neither am I" hound to yield it, but am .: tycd in'confeience'and duty to my {cl-{and my mi. : give Country,t-herrin~m“fife-find with/icind’theht; and if their Officer: . gee about by force and vio‘: kind: to 0’me me- to obey and floop” unto theigt' arbitrary and illegal! command;- I may, and ought 1 ( if I will be true to my native and legal! fteedohs) A byfm'e to witbfldnd bin or time, in the [2m gm. maths: I may imtbfland 11me that comes; to re‘b’ .mj/ bed/Z, . or 3:? {may withfl‘and a man th‘ht upon . the highway, by force and "violence, would take And ’therefoi'e all Warrantslcomming from any" pretended "or real! Committee: of Lord: and Comm»: totcommtnd me before thcmithat are not famed-according to the Law a f England, [j oiugh'tinot-t ,,phey,-bttt withl‘tqnd and-reififiuponpax’ne of being by all" the unbialed under'fla‘ni ding mcnj'c’izlgtglandef‘teeme‘dfi betraycr gimme/fray" o£ k’he'Laweg and liberties ofEnglandj for the 'ptefeeyhtion ofwhich}! ought to contef-t at Nabetb did with King Ababfor his vineyard, 1 King, 1} ; 1,3, 4, 13. And by the sz 0fE21gland, no warrant or prozcfl'e ought to illue out to fummonup anygmanttoiazny Court of Jaflicein Englnndyhatfoever, till a complaint by a cer'. tain pgoj‘ecutar._be=filed or exhibitedgn‘ that Court ofmflzce, from whence the warmer, ”on. 0:! 54.nfl2,98£dom;§,.whigh gaunt, procefl'c. orS‘ummnt ought exPrefly to eon-taine the matinee oft' ecaufqtowbiph [amtp'gnfwegand;thee-namciofmy'pmfiwtar «complainants, or elf‘eit 'i; fiotleg‘all; and f0 pp;~ bipglipg, but may andou‘ght to be refifled by we, and the Court mufih‘e‘f {1.1mm ‘hgwe legallyjurifdifliou over the caufes; ‘ ' - ' " ~ > ' Seaman/I‘ll thee‘qucjtm that either the Houfe ofCommu: or Lard; can {it in, is. _ . , A ' ' ‘ ' Firfi,Bither as aCeumell, and (Z) are to he cleft, dSeCoaIgt 2.. part. infiJol. 103. :04- 8t (and for any man whnltfoeyer in that Capacitieto 3‘.‘ part infi. Chap. High Cgttgty.o§1{a;lmgf‘“ comefitpflg‘c‘rtfogeomc:«jn ginongfl them, that doe -‘ and the book called the intranet ”bf-hold; ingfi’atlmts. & Me. Print” relation- of the»: partying/ad or elfe. . .. _ 7 i “a Iti'a‘rll thoh’Tezat’b mm. ' p.13. and re" ' Penna}, As: atonnofluffke, to try and exa- galltigany. pag. 832.85. ._ . ' _ ' We amen in criminal! caufir, and in this “phage. e See iyp‘ari infi. fol. 103,: 04. and my theyaor and their Cemmittee: ought, alw'ayetto book called the iéfdlved mine refb‘lu‘ti‘dn, Sit (1pm?h for 3,1999“? £ 1). 56.7 andiregall l‘y'r’a‘n'yifip. "8!; 38,-} 8 3.81: Mr. Prim: relation ofCoL. Math; Finn? his tryall, p. x t, t {if}, - ' < fee, 1e ot‘elf’e tininot‘hoond: tqigo to dfiy try]! with them otanfwer them“: Word, and therefore in th'g , ‘ fenfe molt illegal! is the .010]? Committee of Lords notibewn’g‘uh‘torhem,‘ ls flawmranmble, and f9 ' fifwgtfiegly (pt {bebolddmd / {See my grand plea, .andjny letter I I . Navy. -647, to every ]ndividuall Mainf- her of the Houl'e of Commons, SeeSir Edy. Cook: expofition of the x 4. and z 9. 93193 03 Mega? Chattasin his 2-. part int}. aeétesalmaawr '9: :43: Ma 73? 73‘: and Conmxg‘fbt examining 'thole C they call) In: i don Age)? 5', or any Other whatfuever. i ‘ And 'Thirdly, that Clofe Committee is mofl-illeo] gall, being amixturg ofLords. with Cqmmoggfqe‘ ing {he'lioeds‘a Tc none V Of'their of my Peerflnd " FM: brawn [e'éé’éeéti 122:. gush; 9.5m be there ,7 L— .—w . l / V I ._., I (69) ;_. thereto be m}? examiners, "MS-91'. judge, . and a ', 74, 8' ;, 864316 Voxfiehls‘;pag, 33‘, gg’. My”! am to the lawes and lxhertrcs ot England,- 40, 4!, amend my Epifile to the Licvt. ifffiroooorfirbmit to the juxé/diflion or power of of the Tower the 33.14». 154.6. called 17’?» a mix: committecf . . . , a the opprefl’ed mans .opprefiona declared, [Thirdlthit contrary to Law, and exprtfly a;- p. 17. t8, 19'. , ' ~ grintt‘ the Petitionof tight, either; for this Com- _ 5 See Vox Plehis,p._ 3 8. my anatomy of ultt‘ee of Lords and Commons '5 or. any Other the Lords tyrany," p. to. and Tbompfont (form of jufiice or Committee whatfoe vet, to plea agarnfi Martha“ Law. a \ fo‘rtemee or any man to anfwer to interrogatories b feezkomau 5.5nglands Bitthtightge; t“; agai'nfl my felf, or myneer relations. . ( a, 3, 4,and the refolved, mans tefoluuon', " Fourthly, Neither can they legally go about to p, 2.4, :1, z 6, - ,, gtyotpunith me,f‘or any crimethatit triable or. _See the proofea in the third M'aginall finifliable at Common law. ‘note at the letter C. ' ’- j , , . . A kVVl'UClI Statute you may read before, 9. , , _6.‘and‘talre notice of this, that all mifdemcanots whatfoeter are Bailcable. [See the 3; E. I :‘C. l 716-3“ 4, 2. 3. Io. and 2.3.H.6.to.R.afl.plea.fo.31-.7.VoxPlehis. p. ”,5: 6. S7. and my late fipiflle to C.Wcfl late Liev. of the Tower,called the opprefled mans Oppreffiom declared,- [1.3,- 5,1,1)“: Cookeinfi.L1b.3.chap.tg-,Se& 7I,€ol 368.where he pofitively declaredj ., hit was the batiVeT & ancient , rights _ofall Englilhmen, 4 both by the‘Statute and Common Law of fihglandgo pay no fees at all to any adminil’trators ofjufiice whatfoever, or any Clarke or Of- ficer whatfoever officiating under them, who were only to receive their Fees, Wages, and $31- le‘ries ofthe King,outofthe pu-bliquetreafute. See allo 2. part infi. lol. 7 4. 2.09. 2. r o. The Pfit’blique treal‘urc’oftheKingdom being bettufted With the King-for that and (rich ends : fee ‘7 all}: that excellent book in Enghfli, called the Mrrror ofjulh‘ce, chap 5. Se&. r. pg. 2 3 Land 153$: ‘Hunmargumacm in Mr. Hamdefl: cafe againfi n1"? m.°“°¥sl"a‘5- 4‘ t m 363 1. part inft. (lib. 3.‘Chap. 758:3. 428, f0. 269.3ndthe z. partfo. 4 3, 3 1;, $90, fee my book called the , , hiya-raw manaopprrflions declared, p, 3. V0: plehis P. 47: 55' . 56. and liberty vindicated:- gainfi flrvery, p. x 4, t g, x 6, n in his 2. part inll.fol. 41., 4 ;. whichlscxceedxng well worth [ ' your reading, fee 10.315, 3-16, 5 90, 5' 9 1 Jet: themittor of inflictinfingliflb chip. 554%. r.- 1 ilfivi'fion 53:54» 55.57, .58. m- 231. ‘ 1 . - ~ - -. ' - \ \ 4 "Filthy and if in cafethere be no Law eat—tang“) puniflr'their"‘15’rctma'cd “WWW“ for ad; 'ingthe_ir duty in profecuting thofe iufi things, that thzl’arliame-m hath often declared .- if; the right and due of all the free men. in England,- they ought to get: free from ' ‘punilhment, for .r where there is no‘ Law, there can(faith the VA ofile Paul) be no tranfgreffion, b humf that , ©Cotr1mittee or any other power .in England {hall ommit me,or any Commoner in England to’ ’ Brlfonfior difob‘eyingthe‘ir illegall and Arbitrary Orderssitismorsrhm by Law they can doe,- ghith-et ought! to get to prifon, but by force andr‘fiokn“ (whichl canon: “53) mi I ought l0 fee that the warrant helcgall in the form ofit,that is to {ay,tbat it be under hand and Ieale, ‘ v and t hat he or they in kw have powetto commit mennd that the warrant contain the exprefl’e (b tattle wherefore I am committed, and alfo have a lawfull conclufion, viz “. and ham [aftly to keep ' until! he ,be delivered by dueecoarfeoiLamand eat during ”RPM/W9 'f ‘b’SlH “‘f‘ or Committee; 5mg this beef: or (matinee do: further order, and I may and ought to read the warrant, and what-M Copiciof-ifigfl’ ldflpfld it..without paying any thrng. for. it,, ahd sf! be committed for: "' Sh! crimcznoulcntioned in‘ the nature of ;--Ed- 1 CH3?“ 91- ’l l 3'” “mw‘flh’d‘ I may and _ ought to tender in perfon to the parties that Commit me,either {if [ban the?! bl me) before 1 _ ‘5. Marmot elfeaj (gone; as, Late-Mega; states: as £9.39 eatvsmslr set Es baffle : > ' ‘ ‘ ‘ ‘ ‘ ‘ or ‘ifiasrau. (70) for moand in ea fe I heglegally committed,boeh for ”Mamet-er aezdflirmhgd if: he fanatic: l have proffered bade (as Before) I may bring my emcee of falfeimprfizzmnefind ‘rc'é'é, VCl‘ damage S'Itherefo‘re- ‘3 but he‘fideshoow thix, that‘there is hot one farthi’ng token due to thé Serie‘nt at Jmes or any other Officer whatfoever, that carries me to priibn, neither. is théré one peny due to any G aoIer Whatfoei/er _ for‘fecs from me, but one hare gro’ae'atimofis l‘ahd' when I am in Ptifon, 'I ought to he. (1de with 311619111319 dfidbfimwine sfor that great Law“. “Si: Edw',‘ cb’o‘gemcfly'faithimi‘bae impexfbnmeet muflf only 6': a fizfe cuflodiejzoe a‘panifbmgr and that a prifiz‘n bugbtee‘be'for keep‘insmenfafe to be duly tryed? attending 2a the Lane cede)»: flame of tbeLan‘d, but not with: ”leaf! ea pumfb ardeflroy them, (or to remaine in it ti“ thepjpty committing pieafe) and he fur‘ther faith, in his expafitian of the :5 . chap. of Mag“, Charts, 7: . that the Law ofth Landfavuoeringrhelifiertie (1m! f reedOMe of a menfr'om iinptzfonmne‘,” andfiv highly baring the imprifenment’of': em {and ‘wh‘fszoejqer, .tbo‘ugb eopmzeted er“ afiggfd‘ofibgifib,“ and odious crimes‘,fbat' by law "fife/fume balleableget ”truth" a wife it- 4”?” a ,1; efirififlerghi benefit oftbe IVfit calied dc odio & aria,'ezeei a Only thisis to be taken notice of, that if I commit an 'ofi‘enCe before the view of 3 Ridge or I uflices fitting upon the Bench I ought to g-oe’ ttoprifon with, or by his verballcommand, with any officer ofthe Courthe {hall Command me to goe with, only he ought to enter a Mittiter 8c fend it after me when the Court rifeth, and I may if! pleafe prefer him baile to anfw er the Law when heCom‘mit: me, which he ought act to refufe,‘ and ifhe doe, iti: falfe impriforimenrg ifmy pretended or xeall érime Were baileable, and my aftion 2 may have again!) him. ’ p In his 2-. part infl. fo. 1:, 5;; in which pages you may read the very words of an H abeas Corpus, as alfo in the 7 9, 80,81 . pages of Regal! army, where you may have them in Engliih, as well as Latin. -\ emly called breve, de bbno 8e Maio ‘10"Mrcbfiébif liberty by, which (he faith) ,Be We: {a we“: gratis, whi’ch Writ is in force to thisday, and there? fore (he faithibid) tbattbe Iafzice: efaj’z‘ze, lufli- ‘5? nyer and Tcmimr, and ofGaole' deliver] have notifufi‘ered tbe prifimer to be [03g detained, but at tb'cz'r next eommng have given tbeprifone’rfidl and {peed} file/25:56] due tryafl without detaining him ,A long ”WWW TU? (huh be) they have been [aflf from allowance ofbi: detaiaing inprifim ibitbeut due. tryall,tbat it we: refbloed m the cafe of the A. bot ofSt. Albee, by the whale Court, that when the King bedgr’anted to- tbe Abate efSe. Alba», to have a G dale, age! to have a Gaele deliver] , and divert per/2m: been! committed to that Gaolefor [animated beeaafe the Abate would not be at the co]? to make deliverance, be detained tbmin prifon long time i without making lawful! deliverance, that the About bad for 1*th eaufe foefiited bi: fiancbife, and that the fame might bej‘ezzedimo tire Kings band. Vpon which Haheas Corptigif you be beoughe up to the barre,- you ought ifwror‘igfully Pt in” my imp’rihbnedfieatcly to he difcharged without baiie, and with haiieifjufily imprifone d if your , crime he baiieablemr elfe the ludge forfweates himfeif, for w hich you may indiét him for Pet'“ jury, and alfohave am 35.10:) at Law for falfc‘imprifonment agai—nfl him that {21(er committed you, or they that forced you'hither, yea, and in divers rafts a’v’ga'init the Gaoler himfclf', who ought ‘not by law (upon their phrilis) to teceive or detaine you}, but by :1 legs“ warrant flow; in-g froma legailpower, ate-before [have more fully nored.Se'e alfo x . p. book 'decl. p. 10 I; . ' And you are to know, that any houie keeper that Rand not cammitted of Crimes, but are legal! men, paying (cat and lot ('th'Ough they be no {ubfidie men) are good bade, and iftefufed, you. have your aaion offalfé imprifonment agamfi him that fo dorh', and ’youarie further to know; that ifthe priitmer‘be m" a Country Gaoie, gwhoifs eo he Brought up go the Bar“ in :WGfl-mipfiéf Hall upon the Hated; Corpu:,that he is on Iy io bears his owinegéhar’gesfiu: bylaw is" no: bound to heat: the Gaoiets. om pay him any thi‘ng'fot bringing him". 9 , ’ ' __ . " . $3M“. it} safe the yarty'be committed E0 prifofn unwary, and n9 Bail: Ml! betahen for him, ' ; ”W“ -. ,-_ .-- a. . e ,_ he ’ by.“ -“J O) (71) he dughttd require a ('de ofhia’ Mittimurflnd to have it gratis, a lid if I {hould demand it and it would not be given me, I would not goe unleffe! were carried Infarct,» beadand better, and then I would cry out Murder,uurder, 'e and doe the bell} could to prefcrve my lelftilll badger a Copy of it 5 for many times, when a manfcomeajgatoprifon the dogged Gaoler will re- fufe tolet me have it (which may be a great detriment to me)and if 1 {litre or built for it, his will find her: Lap unto me, to dungeon m, bolt and fetter me, contrary to Law. I: being (as Andrew Home faith in his excellent book ealled'the Mirrour of julltce in Englifh, Chap. 7. Sea. r.devifion 54 pag. 2.31. ) an abufi‘ of Lev, tbataprifbtrerirladen with ironr, arput ”(mine before he 6: “tainted of fellow, &c. . And when I am thus in prilon (committed by what authority foevet) the Grit thing that I am to docg‘ls to fend my {fiend (be be what he will be) as well a private underflanding lthlUtCtflflfl,“ a Lawyer) for either my felfior' any one I will appoint, may and ought to plead my caufe belote any Iudge in England, as well as any Lawyer in the hngdome,and neitherought by the Judge to be forbidden, fnub’d, or browbea- ten) to the Chancery for a H abearCorpur,if it be our of Tearm : for as Sir Edna-dank on the :9. chap. of Magma Charm well f faith, the Chancery is a 1110p of iii/fire alwa‘yer open, and never edioamed, Co as thelubiea being Wrongfully imprifoned 3 may have juftice for the liberty of his perfon at well in the Vacation time,as in the flame: but if it be Team-titanic is mofl pro- per to move for the Habear Carp!“ at the Kings bench barre, and i€ the Judgesrefitfc to grant it untoyou (it being your right by Law, as the Petition of right fullydeclarcs. q and the Indg. es by their oath (before printed pag. I o. 3 6.) are bound to execute the Law impartially,with-‘ out giving care in the; leafi,to the unjulk command of the Parliament, or any orher againfl it) then you may by the Law indi& the ludge or ludges {or Perjury, and if then they [hall deny you the benefit of the Law, I know no reafon but you may conclude them abfolute Tyrant:,and that the foundation of Government is overturned,8tyou( as the Parliament hat-h taught you)are '~ left to the naturall remedy to pref'erve your {elves which (elf. prefervation,they have declared no' people can be deprived of 5fee their declarations,'t.patt book decl. p. 207. 690. 7 2.8, r to. From my arbitrary, tyrannicall, and Job» Lilbnme, in adverfity and profperi.‘ 4 Murthctmg imprifonment, in the ty, and inlife and death, alwayes one Tower of London this a.of Dumb. and the fame for the libertiea ofhiing t 6 4 7. felfiand his native Country. ‘ - @o/icrtpt , Vt while I was concluding this fecond edition of the London Agents plea, with the fore; ‘ exprtfled additions,newes is brought me that the committee ofplunderedMinifietaflfum- mans up Londoners, and commits themfor non, payment of Tythes ; for whom 1 frame a Plea "Dthus. That the houfes ofl’arliament,have already made two Ordinances about tythes of the 8.‘ ofNa‘uem. 164 4. and the 9. ofAugufl 1 647. and by more Ordinances referred the London- Parl'ons,i_‘or mmillcrr in Londonfo get then tythe 3 according to the flame of the 37.}! 8. t a,- \which {inure authoril'ed fuch,and fuch men to be Commiffior-cra as are therin named,or any fix ' of‘t‘hemtomahe a deeree,which decree {hall be an binding to the Londoner": an exprefl'e a& of éwlramentfin which they give the Patrons twaibzlliagruinr-flme in the pound, for. all houfe- rents, etc. which the Londmcrgarc bound to pay unto their parfonafihhe {aid decree had(as by the iotefaid {latnte it ought to have been) entred upon rcmrd in the High Court of Chancery, which it never waspor is not [her to be found as Mafiarborew rbt Lawycrg'n Robert-bead: court in Bow-laneLandomprooed by certificate under. the Record keeper: band,bcfore Alderman Adams, ‘ him: be ivas Lord Mayor of Londonsin a cafe betwixr Parlon Glendon ofBaskins by Tower-hill, amigo: (ifllls Parilh‘ootrt, nimble. Robert: a Madam,“ I remegrber for t waa by,and heard alltggeg, " h ‘ ' 4"" W W" ” H AM- aft-u -,(72) Ana thefti’oi’e the. Pa‘rl'oné of London; can neithet by Law nor thofe Ordi- gance'i , recovee‘ pt jufily; require, ‘oqetgifarthing token of Tythes from any CitiZen‘ of - And for the Committee ofplxtndejred “inflicts; by any pretended authority that yet is vi'fiblefi- to take upon them to execute. t, ofe'oirdinauceemr meompel the Citizens of London to pay ty. the: to their P gerontol- Miniflcrs, they have no some authority or right to'dowit, then aTheef _ hath upon the high; why-to rob megofi my purfeior life,and for them by the Law of their on he Will, to take upon them to fe’ndSummons to any Free man of England, and to foreethem :3 ' .. . .‘ , ~ . . . g some before them;& without due pr‘ocefle «ofl‘lavl; f . And Whatjdflc mecca}: of Law is, 3'01! .. to pay {q much: money to the Patrons, 'upon any mé’yxead in the 2.. part infiitutes upon the pretence whatfocveeand fotunwillingneffc to pay, 29, Chap.ofMagne Chorta,and Vox Ple- to commit: him or them to prifon‘, is a crime in 191:: pag. I x :‘1'2, x 4,1 5. 84c and my book my Judgement ofas high a fiature in {ubvetting called The refolyed mans rcfolution, page our fundamental! lanes and libereiesgnd feting up 3,4, 5,6. Bee.» and mygtaqel plea againfi alt-Arbitrary Tyrannical government, as the £241: the Lords, md Ihompfom plea againa the of Strafibrfl was accufcd of; and loft his head for"; neW‘Tytants at. Windfor eexccuting Mar- and as wel dosthe .am imhis aibitr‘ar'y Commie- {hall Law. . ~~ ~ . tee defervc to dye. for thefc aaiom, as' Tray-terms ' i ' ' ' ‘ fubvertcrs ofalfiawmas-ehe Earle ofStrafl'ord did for his; againfi whom in the fife Articlciof his aditionall Impeachment of treafon, it is alledg- eel again“ him,Thal«hi didufi? and exezcijea‘pawerfibovund again/i; and to the [shoot/ion oftbh faidf'undammmll Lame, extendingfuch his powc‘mo the goodnfree-holds. mhenmzm iihmm; andliw: ofthepeople... ‘ ' 1 ' , ' ~ , vi. * 1r Arid in the fifxt Article of his [aid impeachmem,it is laid unto his charge, as a trankendene tfianRaHC crime‘, The: the [aid Thomas Earle of Strafi‘ord 9 without any ‘legqll proceeding; ,._ axdupon a paper Petiton of Rich ard Rolfione, did caufle the faid Lord Mame“: Norris a ‘0 be ‘53.de and put outoi pofleflion of his free-hold and inheritance, without due ' procefl‘e ofLowg. - w -- : i -- . , ' Andiin the fegventrh Article, he thcfaié Earle is charged, That lie-the term of tho!) Trinity;-in the 13. yegreofhiy mm.maieflies reigne, didcau/ea cafe commonly rolled the ea]?! 0 f Tenure: up; on defeflive Title: , to be made and drawn: up, without any lury or Tryall , or other legal! Procefli', without ‘ibe con/ext of parties, by colour ofwhich lawlefl'e proceeding, diver: afbig Ma- iefiieifubifl: ( andxpatticularlythc Lord Tho. Eillon) 3pm outedof their POfiflions, and dffi‘eingfi rm: , free-hold, by colour of , the fame refilution without Legal! proceeding, mhhrehymny hundred: ofhi: Maiefiie: Sahieflslweoe undone, and their Families “tiff/f. mind'ted. ..;, ~ -_' r w- . - ~ ‘ . _ And in *thé‘8. Article,h~eis impeached,- That upon a petition of Sr. IohnGilford Knight, the fiafl do} ofFebr. in tbefizfil ! 3. yeare of his Mdiefiies migac, without any legal! pygmy}, waded decreeagainfl Adam Vifcouz’zt Loftus=ofElie,and‘di~d tau/e the fizz’d Velma to be imprifarz‘ed and . kept do ‘e Fri/amnion pretence of difohcdienee to zhe faid decree or order 3 and without any Le 41! from mgr, did in thefame 13-. year: imprifon.Georgc Earle of‘Kildarc :ggainfi law’Mfiébjtb 7 ‘i . -‘ ’ ‘4 - V V inform: himjo fuhmie- his Title» to the'..Maniter" in}; T “Which?“ ma? enlarge mac if! the WWW 9i calve- Leigh-(being of‘grcat yearly vi; ’1 13., 12. 4, x 2.3. pages of a book called lue)to ’ohefiz'id Earle 6fStrafi'ords'ivizapdplégfgm Speeches and Paflages v-printed- far Wil. and kept bimayeare Pri/hxerlfor the flzid 'eeafc’, Cook, at Eernivalls-Innegatc in Holbum, nova Monetbeo whom] he Wt him ole/é Prifo- Now (73 )- ~ . p .4 2 '- 1 ‘ ' Now-the Parliament it [die or the Member’s thereof, being as Sr. Edward 6001: well dedarea (In his 4.. part inflituts, publifhed for good , Law, by their own fpeciall orders) at {ubjeft to the Law , 'as other men ( raving in the ; . freedom: ' of ‘ arrefis' , that {0 their perfons may not be hindred from thedifcharge oftheit' trait in the houfe, which their Country ihathfrepofe‘dtin them) and untowhor‘n till it be repealv- led,is is a rule, as well as to any ether man in ’Engi'and whatfoever,efpeciai.ly in all .ae‘tions'oe; differences betwixt party and party 3 and that Parliament man that (hall fay,that’ any Commit~~ , tee of Parliament, or the whole houfes is the Law, {hewes and declares hxmi'elfe either igno~ mm of the Lamar a voluntary 8c wilful! deceivertfor what is n ithin their breath I neither can "' See England: Birth-right p. 6: 738°. know, nor am bOund‘to enquire after for to know 3,4, 1,» or take notiCe of, 16 neither is any thing therein ( fillit b: legally Put in “thing, kgaliydebandf’ pafl'edsand legally publifhtd) binding in‘theleai’t unto gee or or any man in England : and indeed to (peak: properly. the Parliaments worke'is to repeal: old Lewes, and to make new ones, to pull d T For the third Article in the {iri‘t itn- peac’hment of the Earle of Srrafi‘ord in the above faid book page x I 8.-runs thus; that the better to inrich and inable him- fElfc to go thorow with his traiterous de- ligns,he hath‘detained a great part of this Maj revenue,withoutgiving legal account andhit’h taken great fums out of the Ex - éht’qntr, converting them to his own ui‘e, ' ' , when his Maiefiy was neceflitated for his oitne Urgent oceafions,and his Army had . been a long time unpaid. ' owne old Courts of jufiice, and erefl new ones, . to make warreend conclude peace,to taife money, andtfee it tightly and providently difpofed of ( but themfelves are no: in'tb‘e leaf! to finger it T) it ba- ing their proper worlt to pnnifls thofe thatimbezle, and wail it,but'if they {hould finger it and wail it, may no: the Kingdom eafily be cheated of its trea~ Turn, and alfo be left without meanes to 'puniih them for it? and mofidifhonoura'bleit is, and be- ion the greatnefi'e ofLeg-flators,to .fioop to be exe- cutors of the law, and indeed it is moi! irrationall. ‘ and unjufi they (hottld, for if they doe rne injufliee I am robed and deprived of my remedie, and my‘ Appealefit being no where to be made but to them, " , . . whofe worke it is topulnifh allmale or evill admi- ; - niih'ators “inflict: and therefore! with they would feriouflf'weigh their meat words in thei r E declaration 0f, [ht ‘I 7.0fAPrill, I645. 2, Paftzbookidcdafafion, Page 878' thft to (h: ' ' Whole Kingdome they declare that the} will nonnat- an} by colour Ufa”; authority derivedfron the»), flmll WWW!” the ordinary courfc of juiiice in the feverall Courts'andrludicatories of this Kingdome, norintetmeddle in cafes of private intereR.‘othcrwhere determinable,“weare it. i??? in cafe of male adminifiraxion of lattice, wherein we {hall fee [fay they] and provide,thae . ti l“ he 6036,3115 puniihtnent infliaéd,” there be occafio'nficcording to the lanes of the king- ‘ “51¢, and the truflrepofedin‘ us. ‘ t . ~ . . . p .. ' '4 And therefore feeing that by the law of their ov’r‘ne will, without due courfe or Pocefl} of 1337,01“ any vifible {hadow or colour ofLaw; the Committe of plundered Mini a“, will Rob the Citizens of their proper goods,which is not in the leaf! ' jufiifuble, for as Indge cream the 6!. pag. of his Argumentin Mnflmpdm: Caui'e againfi, Ship money, faith, that the .- ‘1‘” 509k “(I‘d tbeDr- ‘34fldmis ‘50- S A 1245- 8'1”: 571g down, warrbe’Law ‘dotbvefi‘tbe #3 QIQIW‘fl’OP‘N7 of ‘11"? "PM“ (‘94! 5," bin/Elfsimd' (be: they mm: be taken "a from him bnt‘hy' . {his (legal!) confent, faith, :54! ittbé'reafbtifrhfi be “km???" him tbgtpflgyfldf “film” i - 35.8 fit” value theretfin damage,and lo (faith ledge Crank) '1 conceive that the party that doth ~ - femur/rung to another, (hall hcfides the damages to tbepartysbe‘ imprifmcd and pay afigg (a a, _ nga with bath Kiegt MM“: th‘tmbparrafa: myth as be pmtb to £5294"), fa rim: if I; " " ' ' ' ~ -4 K we i ‘7’ '4) ~ the King‘willpuailb the Wang making of Goods without confer» between party dndparty,» may more wfil be not by any prerogative take away any mans V goods without his alien: particular or enema .- . t ‘ 3 But ifthey will either have your goods or your libertie from you by the Law of their own wills, be Cute you play the anlifhman, nor foolifltly or willingly to betray your liberty into their hands, but in this cafe, part with them as you would part with your pride to a Theefe than rob: you upon the high” way,€or the forementioned Lawyer in the foremcntioncd 8. peg. faith, that 5} rbeprime Law: ofreafim and nature ( which are the Lowe: of God) it is law ful for 4 mm to defend bimfelfdgainfl on main]? power, (0 he keep due difiance, ('0 that if they will have your goods,let them difiraine for them, and then you may replivie them, and thereby at law try the titleof their right,and it they will impril'on your perfon, 30:90: but by force,and be fore to fiand upon the legallity ofthe warrant, .- which that you ~may fully and truly underfland the form: ofit 31 {lull give you at large the words of Sir Edward Cook in the a. part of his infli- tutes, fol. 590, 59 x , 591. publifhed by the Parliaments own authority for good law, Whobe- ing expound-ing the Statute of breaking prifon made in the firfl E . 2.. upon the words, without earl/2', 85c. fo. s90. exprefly faith this aél {peaking of a caufeui: to be intended of a lawful! tau/e; and therefore falle impril‘onmentis not within} this aft. \ , ~ ' .‘ '~ lbsprifaem» r is a my? mint reformer liberty, under {be eugodie of anathcr',by lawfull warrant in deed or in law,(awfnll warrant is, when the offence appearcth by matter of record, or when it dorh not appeare by matter-of Record. _ ' V _ By matter 0f Record, as when the party is taken Upon an ]ndi&ment at the. fair oftho King, or upon an appeale, at the fuit of'thepatty : when it doth not appeare by. matter ofRecord, a s when a felony is done, and the offender by alawfull .21 inane: is committed to theGaole for the-fame. But between thefe two cafes, there isa. great divetfitie ': for in the firf’t cafe,- wbelher any felony were committed, or no, I r the offender be taken by . force of a Capiar, the warrant is lawfull, and if he break prifon, it is; felony, albeit no felony were committed. But in the Other. cafe, if no felony be done at all, andyet he is committed to p’rifon for a {uppofcd Felony, an V 4 break prilon, this is no felony, for there is no caufe. Andthe words n 1 See mtg“ Charm, of this. Aft j are, unicfl‘e the tau/e for which be was taken require fucb Chap. 2-9. , : , a igdgnen‘tjo as the caufe mufi be jull,and not feigneddor things {cig- .. - - " nedrequire nojudgement. r ,. ' ‘_. . -, I . . If A. give B. a mortall wound, {or whichA. is committed to.Vl?-ril'on, and bre’aketh prifon, B. ' dyeth of the wound withinthe yeare,this deathhath relation, to the firolee, butbecaufe relation: are lug! haions in Law, and fifiions are nor-here intended, thisefcape is no felony, x x, H. 4.1. s. Plow’d. com. 408. Cole: cafe. , ,_.V . V _ . ‘ , -. 4 . ‘. Seeing the weight of this buEDCH'B-wuc ing this Painteto; make the. efcapgtither in the pat: ty, or in the Gaolers felony, dependeth upon the lawFuln‘eH'e of the Mittimtzs,.it Will be .necelft-r ry; to lay {omewhathereof : Firfl, it .mufibetin writing, in the name, ,‘and under' the {tale of him that makes the fame, exprefllng his office, place 'and authority; by force whereof he maketh the Minimur, and is to be direaed to the Gacler orkeeper of the Gaole or prifon : Secondly},,it , mull containe the cafe (as it exprefly appeareth by this 3!: Aft, we! a as. E. g. {4. s, 3.00- ltfle the genie/5r which be was taker, are.) but no: {0 certainly a: an- ram I 34;;1. 5.: 3. [o Indi&mentzought, andjye’twith {ochVeonyenieVntiée‘rtainty,1as,itmay wort,» 148.9, 3.41.541. appeare, judicially, thatthe offence . “quire filth ’e iudzmmtjs ,asjazr - . , . bigb tree/in,“ wit, agaiaflrbeperfoifof'ogi Lory‘rbefxiizgf30‘gfw1he saunterfeiting oftbe money of our. Lord we Kjtzg' ; or fir" petty r wanton; menial} for the " diatb ‘offftteb a making his miter; defer felony, "to wafer (be death of/ucb a m, are. or for 3ng Th or _' “‘ ‘ ; - . o ery R0hbety,&e. or-for felony, for Reading of a Hotfe, ate; or the lilmfo as i'tmby'in" fuch agency alley appear: judicially, that the ofi‘ence requiresfmb a jud' 'emem‘. . _ And thisis proved both by reafon, and authority. By rt- on ; Grit, for that it is in cafe of ' 5% fellony, ( which doth induce,” draw an the (aft ptgnfiment) and therefore ought. to have con- venient certainty, as it x: aforc (aid. Secondly, Alfdtt mufi have Convenient certainty, for that. . ‘ a voluntary efcape is felony in the Gaoler. Thltdly, If the Mittimu: {hould be good generally, I (for felony) then, as the old rule is,(tbe ignorance ofzbé fudge, jbozzldbe tbe‘calamit} oft/)2 . innocent :) for the tru-‘h of the cue may br, that he did Real: Chat ersofLaml,or wood grow- ‘ ingpr the like,which in law are no feloniemnd therefore in reafonfin acafc of'l‘o high nature, l co‘ncetningthclife of man,the convement'certainty ought to lac ,fiewed. ’ ,3 . .. By AU-thority,the Conl’tant forms of the Jttdiftment, in that'cafe forefcapc ,eirhcr by the [581“: :1.) ty, or voluntacily Cufi'tred by the GaOICFalS, Thathc was arrel’tcd j for {ufpition of aftertairze" . felony, namelyfir tbcdcarb nfe certain mm, M. N . "feloniouflyfleine, or the like; for the Ind-1&- ment mull reheatl‘e the eff-8t of the Mittimus, whirl: directly proveth, that the taufi’ inficb a general! certainty’augbt to be flacwcd, _vid. 2; E. 3. f@, 4.2.; . ' . .3 And if a man be indificd of trcafonpr ind‘tfied 0r apealcd for felony,the Capid: thetupon,w__her- by the party is to be am{tcdwom‘ptehen’dtth the caufe (dndtbrrefore much more the Mittimuig whereby the party is to he arrefi ed, having no {och ground of‘Rarcotd, as the Cupid: hath; mt: purfuingthc etfeétofthe Capiatycompreheud the cafe in convenient certainty, as. E . 3. fol. 3' , 4.2.131. 37-- thfl‘c ought to be accrtaincaufi: send in the fame leafe, pl. 3 s. in cafe of breaking E ofptifon,the caufe of the imptifonment ought to be fltewcd. ,_ , ‘ l , . If a man be indié’ted (that be heck prifan [Te/quie- 9. E. 4.1". 1.6 .41. all? 3'. 2-2- 15.3. Coron. oufl), See. )generally, it is not ood 3 for the in; . 2.47., 143, 24 8. 43.5. ibid. 414-. 3. E. ;. ”difiment ought to rehearfe the peciallty ofthe, “’3 ibidégx z. 3 28. 33 3,34; - 5 46. z. E. 3. matter according to :h efiatute. that heheingltfi-i‘ $4.515. afl‘. it. n. 2.3. t 3- 27.311. 42.. prifoned for felony, &c. brachriszz : We haye ”31!.ng- t! 6. 1:. E. a. Caron. 38 9. quated many other books, which though they bee ;,,~ H. 4. t. to. H. 4' 7. I I H. 4. 1'. 8E. norfo certainly reported, as mlghthavebin wilhej'd,‘ 4. a, Coton.4a.z. 430- 43!. 27- H. 6, 7. yet thejudtcious Reader will gather fruit of‘t‘hems '1 39H‘ 6. .33. x. R. 3.cap. 3. 2.. H. 5. cap. But fee before the rxpofitionefudgna (Change tap 7,31,1-1. 7. 1'7, , - ‘ . - ' ag.(bj rbeLan‘: aftgl’ Land) and obferve wealth: ‘V I ' Writ Of Habtas corpus, for a diteft prbofe, it‘ha'c' the caufc ought to be flaeweg. . . . V 5 _ . Laflly,fce,-heteaftet in theupofitlon ofthe Statute of Articuli‘eleri,the ttfolmltm of all the; Judgesof England; the a-nfwer to the at , and z Lobieaions‘, which we will in {£139,9th° ahrxdge for theitxcellency thereof 5 But refetre 7005‘“):th {ountaihes theml’elvet. " ' "’ ' ' ' - « ' l ,i‘ L’ “,5 51V" ° Httqupw 1c app.¢=t.¢th, that the 6.0mm“ F’""4?W". Mzttzmuwv MW £0111?” this? £5.13?” v be obiéfiedegain/f “mail 1‘ "WI ‘g‘dmfl “We 1 ' « . ' - I , t e ' 5 5. ~ ’1 lNéw 53 thefMi'ttimtts mull cont-dine the cattle, fo the conclufion mul’t by! acconllag tabla”; ‘ ”5% 759 [971/0387 [41?!) to be eptfitttill be “delivered by dye order OfLRWflW.‘ ”9’ “7m,” QM”? ' madeit flaallgémorder or e/il‘e. § ’, - ' . 70h» Liléurm. .5 .:-‘ ii " E‘Q I v 5:; "rel-tr? v "xmkffl’i‘ . F' 1 had in}: an’idttntlargely’to'htt‘ve ittfiflecl ups! thwé Lotda't'yta'hnlcall exetcifo ofthe'lr‘fL legall ufnv'pwtions, upon divers ol the freedommunt of England , bcfides my Self, whom they have mall Arbitrarily and tyranmcall'y without all flteddow olLew (favmg the lgfilelfe, “til: ' ' ’ K a ' . gm: 'trs) mitrehtyréfinyldftheirBWE irate anaemia-Ed wills and pleal'tues) fent tthtb feverall'fl'aoles in3 this Kingdome, but hecaul‘c my time hath been exceedingly prevented, and my‘ intention: iruftrated by thofe late flormes, and ungrounded, fluttering, bellowing, whirl-wind ttmptlis, ‘tha’tlhath latelyheen (molt falfely, onini’c‘ly , andsmaliciou fly) rail'ed againfi me by an E'nglilh Tfffullut Orator, celled Mr; Marfler/hri,1thefélfe and lying Seph‘eardobeemlitrb’neerLonfi-i. den; whore impeachment of me at the." Lords and Commons Barre (of‘defigning the deflmfii-f' on and overthrow’of the prefent Parliament, al though it hath made a great ecchoing and [mice in the Kingdomefi no more valcw then a blafl of wind,but let malice it {elf i n all its hight doe the worlt it can. A. Yet I lay by thefe new Rome‘s, I have been a little diverted from my purpol'e, in fully pain-- ting the Lord: at prefenr, and thereEOre hecaufe I judg it more then time to have this dilisoutfe abroad, 1 (hall ful‘pend the full execution of my intentions till my late {peeehes at the Route of Commons barre come to the publique view,'where lhave drawn their Piétares as lively (l heleeve) as any pifiure drawer in England ever did. And therefore 1 {ball only at prefent conful'edly fill up this {pare paper, and I (hall begin with my prb‘pofition which I fent to the Speaker of the Houfe of Commons, which he carried 'tO he readin their Rattle, and which verbatum‘ thus‘followetlt. ' {The Propofition of Licvt.C0l .jobtelilburne, prerOgative pril'oner in the Tower of London, made 'unto the Lords and Commons afl‘tmhled at We/iminfler, and to the whole . Kingdom: of En {43406205. 1. 194 7. ’ Grant the Bottle of Lords according tot e Statute of the 1 4. Ed. 3.ehap 1. to have in [an ‘4 izrifdidfim for redtefli cg of rivances, either a pot: illegal! tie/dyer, or illegal! in dgctnent: given it: any o/tbe Courts at We minl'ler Hall, provided, the have the King: particular com; mi :07: tberefuegnd all other the legall Puttflillaes contained in that Statute, which jurifdi&i—- on 311;: no othet,ftems to me to be confirmed bythe Statutes of the 2.7 Elia. chap 8. and; t. €15 . c :9. 1 . . " ' ' Btut I pofitively deny, that the Houl'e of Lords, by the known and declared Law of E 71' (and, have any originall Jurifaifiion over any Commoner of England whatfoever,eitber for ltfe‘Jimb, liberty, or efiste, which is the pnly and alone thing in controimrfie betwixr them and meg-1 And this pcfitioh I will in a publique alfem‘sly, or before botb Haufes, in law debate,with any 40; I. awyers in England that are praaifers of the Law,and I will be content the Lords {hall chufe. them every man, and it after I have laid for my felf what I can , that any three of tbel'e forty Lawyers {warn to deliver their judgements accordingto the known law of England, give it un- dertheir hands againft me, I will give over my prelent contefi with the Lords, and furl-enact» m Il-felfup, to the punilhment and fentence of the prefent Lords and Commons . ' ‘. "Provided at flair debute, I nu; Int): 6.‘ or 1.0. of my ohm friend: [are/en: to take its writing all that pafl'etb thereuponWitmfl'e my hand and [241: in the Ian/2mg ,fdgmy,’ fimfl'u in the Tome of London, tbi: z. of Canber, 1 647, , . y ' 101m Lilbnm‘e. And to conclude thishoolt, I {hall only add a hreviate of my grand Pleaagainll the Lords,as Reliveredittothe floul'e nggngmgns,‘ ”inhelfe {litet‘gfnapet the t t.Navy. which thug fella-teeth. ' ‘ . ‘ ' ‘ _ ' ' 1’0: E'Eoityery Indiyiduall Member of the Honourable Haul: of f. , Commons. slit, - , 4 , , .. ~ E , . 1 ' He law oFEngland haying alw ayesbeen cfieemcd by me the vifible Rate, {ccurity ofmy life. I ' libcrry'iand propriety, for the prtfcrvation of which, I have in the field with my {word in “‘3’ ’E A hand 0ft“) run the bazzard 0f death, and heingoppttiied contrary thereunto. by thcprclen't: F ' Houfc of Lords in 131261646. Ic‘tmuld doe no idle for my own. prefervgltion, Eand the prefer- if vation of thehbertics and irer'domes ofvm)‘ native country, then to fly by way of A PP‘ ’IC [.0 the m,’ E t-hority and juril’dié‘lion of‘your l-Ioufc (my lcgall Peer; and Equalls) who bythe Commons of E g? [and are chofcn and betxui’ted to beihe great and grand Patrons and Guardians of theitlibetties and Elmedomcs, and ought nm to {'ufl'erthtm to be trodden underfoot by all the Lordsin England. And my formall Appeale from the prifon of Newgatr, I made Unto yOur houfe, the ‘1 6. of lune 1646. (now éprinted in the 9 . I o, I 1. pages of The F7 cc mam frcca’amc vindicated) which was accepted,and appro- ii' v‘td of by your Houfc, and alfo read and debated, and committed to :1 [Elect and chofen Committee, E Ewhere Mrflmry Martin had the Chaire, (before whom I made my pica,and (ince printed. it,and cal- it An Amtamy of the Lords tummy) whowasl only authorifedln matter of f'a& to examine all the E Lords proceeomgt with mc,th:r Lcmg themas appeared to me no maple Cill‘ié’t‘ in the hou‘kfirany o F E that Comnfittefi about the Lords juriidifiion over a Commoner, and having, moitillegzlly, in a tyranr. E nicall and chargeableimprifonment, {hid above 16 moneths for that report, there being, as to men éppcarcs’ Fame mOrc Temple: in your hcufe now abont the Lords jurifdiftrbu, then was When I fill: E appealed to yous your 1’0”“? E tfolvcd “P0“ ‘ 5'" 007055731 647-306Wfi0 commit the whole matter of my greport then lately made by Mr. Martin, to a new CommittCt, who are to confider of prelidcms if; this and il’lC like cafes, and to {late their opinion: to the hoult, What theythinke fit to be done therea tlpt n, and the {ptciall care oft: is referred to Mr. Maynard, before whom and the Committee I appea- tiltedthc zo. Offober, 1647. and had liberty to make my grand P161 in point oflaw againfl‘the Lotdé E jurifdifiion, and Ililflll' unjufi and illegall dealings with me, which grand plea, with my addition,” flea] herewith ptcfcnt unto you, intteating you asone ofmy Judges, ferioully to read and eonfider it. And On :11": 1- November 1647'. upon a mation in you houlE for an addition to my Committee, (that (only longand unfupportable attendance may come to form: iflhe) allthe Members of you; fiHoul‘e that will come to my Committe: are added to ir,and by the power ofthat Committee, [331' it futmmofiedhet‘ore ‘h‘m the 8'?“ Efnfaro {late my qucfiionrmpcn which theit‘refults ofjudgcmentsaré jito fldwtor’be grounded, and beingbcfore them, [apprehended fome conceptibnsin them, that the WW “may diffim and weight, although I Contcive in“ my around Pleas, I have made i: as Eplain as the Sign that (nines at noone day,that the thds have dealt nioft illegally and unjufily with me, and dare ventcr my 1th and being upon what 1 have before bath Commitrnes fa‘id againfig’ 111 the .V'Lawycrs in Englandin point oflaw, but in rcgardl apprehendfltbt all I have faid) that their: is fomé Eifcrupks in fome Membms of thatCommittte, and may be much more in divers in thé home, When it is reported in that {lender manner that it is l:l‘re,t‘nere being no: any rcfults upon the main qucflion‘ . at the Committee. I thcrfore crave leave in writing to l‘tate my qtteflions i prcfcnted to the Commit, Etee,with fome additions to them, and in the firit place I‘lay down this pcfition,w hich at my utmofl: ‘.- peril! according to the rules oflaw and inflice, 1 will make good, ”Ei- - - , . x _ *‘fhat the book called my plea to ludgcRm/er, for wrrghring of which I was fummoned to thc gLords bar, is an hon ell and infl booke, free from (caudal: and falthoods, ‘and'harh nothing but truth inigmd therefore neither puniihable by the HoufeofLmdc, nor any Court051'“mein England, hut admit it were full ofnomriousfcandalls in the highefl nature, the mainc qu efiion will be thus. 1. Whether the houfe of Lords by the Law of Englandhéve any originall Eurifdiétion , intufiody 0r, ‘barelygo fummon me afrce Commoner of England up to thcir barre to anfwer 1 charge. for mid" :the forefaid booke, or any Other books though never {0 fcandalous in it felf ? which I pofitivcly deny, E-a‘nd {cavcn firong teafons or arguments I made before,and gave'unto the forefai‘d Committee, Which. you mayplcafc to read in my Grand Pit-.1. pug. 6, j, 8: 931%“; "- thcheads of _/*S€€ alfo my plea which briefly are: -- ‘ . , _ w E ' ' A ' —- Pirfi u (4, 311‘ r M 47M}, Pd. , . FM! that “rein—rd: [it not in their HouCr. by any {adwér‘ 51’ ahthOtity, derived}, 9, no. .. from the pmples‘ free elefiion and choice,bttt are meerly and altogether the crea- tures of the King, made by his prerogative, fometimes ofthe bafeil: and corruptefi who by his mic that fummons them‘ to fit in Parliament, only im powers them to confer and treatmth him (or‘afford their Councell) ofcertaine hard urgent affaires ,concerning himl'elfe, the State, and defence of the Kingdome of England, and the Church thereof, ‘ butmy pretended offence toucheth none of thefe things. And befides, the Lords had no conference nor treaty with the King, their pre- _' rogative foutainegE'rgo :bnt read my Grand plea, pag. 6 ," and 7. Secondlyflwa‘s the xo.oflanlc‘r 646‘. l’n’mmoned up to the Lords bat , to anfwer fu‘ch things asI __ flood charged With before their Lorlhips, Concerning a pamphlet intituled as before, which did no: in thelealt belong unto the }urifdi&ion of their Courgbut at the mofi, is nicerly an aaion tryable a; the Common law,and no where elfe,(fee Codie: 5gp”: report,pag. i 25". De x'zbrl/z'r firm/IV, and t g. Hen. 7.!{elw;y,and t I EliefDm 235.com go.'Affi/e,p!a. 39.4714 ;. E. urban 33. (2726137. E. g, .1 8.4715138. 15. 3. 9 and 41.12. 3; ;.amz': R. z. 5. and 17-. 7R5 1.1 Land t.part of‘yo'ur 7mm baolgsf TDccl.pag. 2.08.rcarl m'y P lcapag. 7, and 8.) And being l'o, they ought not to have medled With it, i: facing a known maxim: in law, that when an ordinary remedie may be had, an eXtraOtdinary is no: " to be made ule of. Thirdly, no man is to be imptifoned nor iudged, but by the known, e‘flaliliflied an'd‘deelarhd latyeg . of the lan‘dfi'c tbL" Petztioa Of‘R‘i‘gbl‘.But there is no cilabltlh'vj law ofthe lanl for the iudgmeat ofth‘e Lords-in any thingmhere the King their creature is no: c0ncu-rrcnt,l4.E.=..c. 5. Which i‘tatu'te plainly fhewes that in delayes otiul‘tice or error in iudgement in inferior Couz ts,(which is all the caufes they have iuril'diftion of by law ,which binds them as well as‘ any Other Court,4. H- 4- 3 3') there OUght W to be a Petition to the King, and a Commiflian from him to thcms to give them cognizance or power Migbut none of this wasin my cafe; Ergo: but read my Plea,pag, 8. and 9 _ Fourthly, By Mayra. (774m, and ;,E. t. 16 and the Petition offii‘gbr, no man i: to be iudged but hy his Peers or Equ'alls, that is men ofhis own condition, and by due procefiia by indiflment, prc- ‘ ftntment,or originall writ, by aillurie of his Equall , of‘good and lawfull P6013] e 05th? fame neigh- hottrhood: according to the old law 05th:: land. But the Lords are none of my Peers, See Clarke: cafe WM” Cooltcsreparts, and his 2.1m” i’Zfl’W’CS-fi’l- 33:29 48' 50‘ and SirSz’mon' de Boris/22rd: “fl: 4. E. 3. Kat. 2.. Neither had I in any one particular-any lt‘ga“ proceeding, beingfummoned before, ; any charge was filed againfl me Ergo: but read my plea pag. 9, and to. Filtly ;By the lawesofthi-S land, no man is to be Iudgc in his ovyn cafe, 8' H. 6. flal. al.471d5.£li{. ’ Dier. 22.0. and Dr. Bonbamr cafe 3.1mm Cook-es reports' But the Lords w ere with me complainants: prorecgythors, witnelles, lury and Judges,- Ergo: but food my plea, pag. 1'0. 1'1. and 1. part (2001‘. 532:1. ping. 38139. 20 s, 27 8“ Sixtly,1fthe Lords iudgementoriginall'y were bindino aoainfl me, then a few Lords would ,‘hind‘ ‘ not only me3but allthe Commons ofEnglaDd,(Wh0 on: b? one may be ferved by them ”I 3m) and Zh3!,lvith011t any hope oftedtefi‘c, they being Iudgtts Hill in the appealc (which both law and ,real'on abhors, 1.}317‘2b00kD’5’CLsz 44. r 50, “7, 4.96.6 ; 7. 690. 7 1e. 7 28 ) and to by thismeanes the weal: and fifety of the peeplc (called by you the fuprcame law,z.p1rt boo/{Decljmg 879') is tOtall'y defiroyed, andewe the Commons ot'E/zglaml madethe pet-fitted {lives in the world, by having our fundamentall lévyesdefiroyed and made Cypher's, andth‘e power of our reprefentativea c'elh-oycd and made Ciphcrs, which is an at? of higher treai'on then ever was committed by Strafibrd, and‘ten' ihbufand times more iuilly dcferves his doome,then his Crime (of but endeavouring to fubvert our“ {undamentall lawes ) did: bl" read “178”“ Pleas-1’38- ‘ ‘4 3nd “- ‘ , "S§avénthIY,Tht Lords being the meete creatures of the King macle by his will, and pleafute, and flu "ng as Premggtivg perfons only, and yet in law and by their own y rincip‘les, as Lords without {'3 "i l ' t of the people,being the meere idnes of his willivyho himlelfe is limited and bounded by. the lamand” l the King they hate no prerogativgand yet have with a witnelle sifted upon me, ac. \vithouf the . . Kingor hisparticular Comtniflion, which makes all they have done unto me to be nulls-and void,hogh' ‘ in law? and reafon,and renders-theminmy apprehenfion {for this their habituallnefie in tho worfi and highs? of tyranny) to have forfeited their potter and honour,.and never ought any more 13y 701;} 93 n..." Either truflees of the people, (and who {hould'bo the new 57nd Witcht’ull G'tiatdiané oi‘their iav’é’e§"_ L gird liberties) to be Owned or acknowledged to be a houie ochers, but acompany oproRates\_fab1e . from their firflinftitution, and obfoiutelydegenemed into a pack oftYrants. and therefore in equity, - reafon, and unlike, ought as wellas the Star-Chamber,to be pitttktup bythe tootsand tranfcendflltiy ?. fined bend-cs. V ‘ , i * 7. ‘ . The {ccond qtieflion that at the Committee Itrui} {flared-wasthis, whether it be warranrablepk i. jui‘tifiabie by 1W inthe HOME of Lords to {ummon me 2 {ice and legal} Commoner offingimtlnpto :4 their bir,to anfwer‘a charge before any be in beingpr flied agai nl‘t me? which aifo lipofitivd)’ deny, and have proved to be mofi illegal! in my plea lafl yearc before Mr. pag. 8: 9 fee. 3.110 tbevttthz I'Cdf‘?“ before” ' . 7 ~ , . . -" My third queflion atthe Commitee I fitted to liliSfifcfi,‘r\'i‘C:iierby the law oi'E'zgla-ndait 68 jufiifi- able to} the Lords to {amnion me up to their bar to anfwer a charge, and then when i come there, re- fu’fe to fliew it mathough’ defited by me, but txaminc me. upon interrogatories againfi my Elie? *T which 1 3M0 eonfi itmly deny, and for proofts fee your own Votes'tnade {0r mein your houfe the 2.x - 705512}. e 64’! .agtinfl the Star-Chamber,and the Lordsown deeree made in that very 63qu I3. 505’. ‘5. x 6-5» smarter-d in thelafl page ofmy relation ofmy proceedings at their bar. _ Q’ _- My fourth qritfiion that now I truly {tire is thir,wb6ti1er it be warrantabie bylaw in the Lords tot fummonme to attract acharge at their bar beforethey have any crimes againfi me, and Ex ofiirtzo to “391106 me a and thmby either force me to. fiend mure, (which they wtmld conflure a Contempt} or to , plead for my» feifcv, and from my plea to pick quarrciis againfimt; and {o totfly wave the thingthey originally t'ummoned me for, and commit me for apretended crime, coma ’ mitted Expo/I'fic'fo, to termine in prif'on, during their taieafure? which is adinfiitum even till dooms dayin the afternoon, forthcy will never be ju-fi tiil then, and {o I {hall never be releafed by them: (retheir warrantOi'commitment ofthe x 1. 12m 1546. and my Primed P163 to ME Martin, ’. pag 5.;nd 7. y . \ , _ ; My 5ft qutfiion I hate is this. whe:her it be warrantable by theiaw oFL?zz;{t€zzt.rl1 for the Lords to a fitmm-tm me up to their bar, whereby their illegal} dealings with me, I am neCcffimfd to deflatea- e gamfi their aifirming a jttrii‘difizion over me, and bsfore than under my hand and feaie, appeals to my i legal! judges the Houfe of Commons,3nd yet norwithfiandingthey get on tojudge me, before my gr-appesie (w hich was a fuperi‘edeai) be determined? fee my reaions in the 9‘. p. oft-11y plea to Mr.Marti72. MY fixthieflion I flare thus,whethcrit bewarrantabieby law for the Lordsto fummon me up to if their bar atter my appeaie to the Houfe of Commons,and when I am by foréebfotlgbfgia? nothing ‘0'“ me,but command the to kneeie at their bar, and For refuting (0‘ to doe, commit me. during their plea- ‘,' {tire ciofe prifoner to ‘N‘cmgarc, withoutpen, inke, or paper,- or the are :11}, of any whatfoever in any i kind, but only my keeger, and then to fer Sergeant Finch, Mr. Hoyle, Mr- Hear ie,and Mr. Ginoer, t0 ' Rdraw up a charge againfl me, for pretended crimes committed after my firfi {ummons, and without _ ever giving me notice, or firfi‘ering me to {peake either with my wife, friends or con’rtcell, to bring me up‘the third time after three weekes cioi'e and barbarous tyrannicali refiraim, to anfwer acharge? fee , ' their warrant of clofe imprifonmentofthe 23'- ofimze x 64.6. and the 5*. 9. peg of my pica to .Mr: Martin. A . * ‘ - My feavemh queflion, 1 {tare thus, whether- any Courtin England thatmeddies with that which/”Ix ‘_ bylaw they have nojurii‘difiion of, can either fine or imprifon the party fummonedbefore them, in: 5. {no a care» for contemning, nth—outing or abufing ofthetn? or whether it Was any affront or contempt" i (in iaw )an m'e,for maintaining in high language at the Lords bar my legaiil rights againfi their ufitra ping ineroztchmentsf fee my reafons and arguments in the I z, 13‘, 1- 4 . pages ofmy grand plea. ' ' My tightqueflionisthis,whether ornoit be jufiifi‘ible by the law (afiifigland, forzhe houfe’of t Lords for a pretended or reail mifdemeauor, totally to defiroy my continement or eonti'nuarce, by: fining me 4000. I. being more then ever [was worth 2‘ and making me uncapable for ever to beare . any office either Marfhall or Civill in Church or Common wealth, and {covert yeares' imprifonment‘ ’ in the Tower ofLondon, r’ r. or x 3. weekes of which in theT ower']: was divorced from my Mfg-anti ,ali‘my friends, and the names of all thoi'e that came to vifit me taken? fee the 14'. drop afmtguafbar- 5M, 3. E; I_ . 6.‘ and the 1-0. ind r g . page: of My plea to AirjMartin} ‘ M y r -‘ ’ t. " ' myfjéfiqucfiion 71's thlsfi'thether in cafe the ioras "have no legallitttifiliftion fiver me, whether, ‘01s; 77 . rib-ate not all thofe Gaoler: arid keepers of prifons, ace. . that have executed their illegal! oidei-y, dc; ' “.73“ Land C°mmmd5 “POll me, lyablc by th‘claw 0f Eaglzmd to make me reparations'thetchre 3 Sce _ ‘17" “few the War/ballfet,'intbc impart of Cooke: 7999275. ’ Afid‘noWSll‘, feeingthe Committee hath ‘l'Qt. fulfilled the order of the houfe, in giving their 0. pinion: of the caufe,and yet inteud to repogl‘tltg—bv which meanesl have loll. and am deprived ofthe’ 1: chie’fe good I exbefied from the O mmitzcegand may be at ten times a greater 1095: in the Houfe,if (g 1.67:3le it come to be reported, wherefoie if you be a true Englzfli than, and a man ofjul’tice and ho- ‘5‘ ndur,‘lye‘am’ellly‘and P4“C 1111‘le defi'rc your} oil :flillznce, that I may haves: fpcciall clay afligmdfor the Committee OflCC 11g lihC'fO fit, 20d that fCCng by divers of your figure, the ( PlfllGnS Cfthc La'w‘ yet: is iudged f0 ellénuall to the determination of the bufinc lfz, Ieatnefily dcfire youiiiufi afli fiance for a fpeciall order from your houf‘e, that t 0. or 2.0. of them may attend that dayAno’ i‘n reg 13:3 Mr, “ Maynard i0 Wllomby your hcul'e the efpcciall care of the bufiiicfl'e is committed, is {0 (XUQOl‘dinary if”? Full of'bufinefl'c being tearme cime,tliat it may be he extinct conveniently be there,nor 3;: may to: {Pm-3d fo muchtime :53 full and ltgalldebaz ,pra and can Willrequiftnthen learntfily cit-lire, that feeing all the members of the bottle are o?that'Comm‘iattea that the Maior/numbcr' prefent, may appoint a new Chairmahfiully to de b.1tC and argue the hufiuefl'e openly grid freely and pofitively draw DP the (.3 refaltsppin/ions, and {Cllfcxol‘El‘lC Committee upon the. in hole biifinclfc, and if yourheul‘c ilfi‘ [he a,’ I camel’tly"delire*thc Lords may have notice to fendfir’ theyplca'fc their Profiors, to defend if theycany kgl thci‘t‘dcaling with ine,’ or if'no: this: 7 _ “ v _ ’ 7 The“ ‘éCbndll'allwmefl'lY dCfifc your 3n llhnc/e to mature Oftl'tc lie-ulna fitted d ay when Mr'JMy- , MM “7““ make the ”PO” as l‘ 3‘: that f" l‘ m7") Yew-WI a 5111‘ de bite in :1 confidetable: full ltoufehnd {buifitbe pofliblc the halll‘lma)’ be WHICd into: grand Committee, thzt {acuity man my full? {peake his confc'iencc and ittdgemem, that lo every min in thehoule may truly know the Gate fifths . :14 '7 ,hufineffcghat ‘70 “Cltlkl‘ thc Houfé of Lorxlsmorl umytafiily Or "‘incohliderately be condemned; by j" malarityvofyoiccs, and fl“? caulk fulfil? laid “ill“: 'mPar‘i-*ll fcal'e of iufllce and law, [will not Ecarc ’ out it fe‘lfe,‘%f crave not one haires breadth of favour or mercy, only I csrncfily dCfiXC that none of my 1,, writings Occafioncd by the Lords tranfcend‘tntand almofi unlupportlthle CPPLC {lions upon me, may 1 be threwnin,to hinder the validity, forceior firengtlt ofthit judgement‘l defire,ti11 She final] iu‘clgc- ~ mmtof your hOUfe bc'pafl,and thenl {hill according :0 the rule oflaw and jufiice, 'aofwer the Logs orao'y elfoi‘n England, that hath any thing to fay to me then-fate. And to coi‘iclmlc all, (sung the ‘7 Apofl‘le Pd'm:§itli, He is worfe tbm‘m infidelz, that den}; not bit atmofl to provide for his family; And the Ptoph‘ét Jeremiah filth, The] that be [large with the 5 wordyzre be”. r (1701 the} tr’mt be flair: with 7 j? bzzivgerf'af tbbfeg'pific amen/huh”: throw}: for want oftbcfruirs ofzbc field. And l'ecingl have ‘7 l‘cafce bet’n‘fiee one Yefil'emgfithif this .‘ 1. yearcs Fromchargeableintpriforimcnts,and feeing I have , ] followegthisHouF6110\v above 7 ye-Jseslor iullice'agamfl my Star-Chamber I-udch‘ m my Humor- dma‘t‘y charges} and y-s't to tms day htvc not obtained otie fulfil) :15 tokens worth of cfl‘efiive iuflice, all which tmly laid togetherjn good enncfflrmder: any gillant death in the 'wmld ((3. i; Comfi" not fron’i mvfelle} more acceptable Uzi-IO m: then ~:1. continuing: in my mini}; , llnllippotiable andflar» ving impr‘él'Qnmentfitorbemg too perfect a badg (”if flowery fot a heroic .llfpirit willingly to remainc in; and therefore 3% thepc‘be anyho-yells ofccmpgflino inyyou, or any fparltc qfiufizce', honour, homily“): canfdic’riceJ m’ofi earneflly, and mall preflingly ion-eat your active :flifianc’e for a‘ chedy period of my bhfioefl‘e before you, either to my itiftifi catiottil innoccn‘t) 9r; condemnation if legally guilty. afid that I maYnor be liept in palm: in a flirt'ingcondition, but mayimmedietely be furniilxd with fuel): 3 an GHOV’VEHC-E Form? (ubliflauce asis my right and due", beth by the law. of England,and the cuflomc of ‘ theTou/erfl'r clle that you will take {peedy can that- l may receive my reparations {ion my Stat- , .“Chamber Indgé‘sfiwhich hath la‘ld aty'our dOOre this‘z.‘ yegresi and is as eafie for your Haul}: to helpc mew ("they Pleafe) as For'mc to come Wc/zm'n/le‘r were it coco "that to Imaylme. 1?)ch thing of‘myrown'm l"“Pmc all”: and my Wife (find little Chlldlep: and 71°71 I‘eflytmr (tuef'friend .in' the Fai‘thfulldsl'eharge ofyour ducy to the kingdome. 7' y . V ' 7 ' lolm' Lil’lmme.‘ .1. , 7 rm” ”’1 ’“WI‘flJ’W‘IWi‘W 477d "30]? WW3 MP tit/fry in the Tower ofLorza‘im this‘l i (No. 1647. 7‘5" "le139 . t u, .’; a‘ I A .t "Lflws. .7 , ___.._.._..._,,k_4 er RARE D A 4 12 16 4'8 0 L5 5 9P:\‘L:‘b:) 55W