Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	parliament_n	successor_n	2,446	5	9.0199	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

this expresse command upon them that they shall in any wise set a King over themselves from amongst their brethren and that they shall not in any wise set a stranger over them which is not their brother but saith God he shall not multiply Horses to himself nor cause the people to return to Aegypt that is to say to vassalage slavery or the house of bondage Neither shall he multiply wives to himself that his heart turne not away neither shall he greatly multiply to himself silver Gold And it shall be when he sitteth upon the Throne of his Kingdome that he shall write him a copy of this law in a book out of that which is before the Priests the Levits And it shall be with him and he shall read therein all the dayes of his life that he might learne to feare the Lord his God to keep all the words of this law and these statutes and do them That his heart be not lifted up above his brethren marke that well and that he turne not aside from the commandement to the right hand or to the left Deut. 17 15 16 17 18 19 20. Here is a cleare declaration by God himself that Kings the single greatest of Magistrates are not to walke and act upon the people by the rules of their own wills but by the law of God which is as binding to them as the meanest of the people and for my part I say and aver that that man whether King or Parliament man that declares himself to be lawlesse was never in that condition of Gods creation but of the Divils And pertinent to this purpose is the comp●aint of our antient English Lawyer Andrew Horne in his Mirror of Iustice in English ch 5. Sect. the first division the first and second pag. 225. where complaining of the abusions of the Common law he saith the first and chiefe abusion is that the King is above the law whereas he ought to be subiect to it as it is contained in his oath Which as Sir Richard Hutton one of his own Iudges in his Argument in Mr. Iohn Hampdens case against Sip-money pag. 32. which argument was made before this Parliaments doctrine was broached saith that by the Kings Oath he agrees to give consent to such lawes as shall in Parliament be propounded for the profit and good of the Kingdome and be further declares that he is to rule and govern thereby see also the petition of Right in the following pages 1. 2 So that by this it clearely appeares that in his own imagination nor the opinion of his Iudges he is neither omnipotent nor unlimited but his office is an office of trust conferred upon him for the good of the people And therefore saith our forementioned Author Andrew Horne ibim the second abuse of the common Law is That whereas Parliaments ought to bee for the salvation of the soules of Trespassors twice in the yeare at London that they are there but very sildome ond at the pleasure of the King for subsidies and collections of Treasure c. And the Act made the first yeare of this Parliament in the 16. of the present King called an Act for the preventing of inconveniences hapning by the long intermission of Parliaments expresly saith Whereas by the Lawes and Statutes of this Realm the Parliament ought to beholden at least once every yeare for the redresse of Grievances c. Which Lawes and Statutes are the 4. Ed. 3. 14 36. Ed. 3. 10. which are printed virbitum in the following discourse pag. 9 12 and which are expresly ratified and confirmed to be duly kept and observed In which Acts the Parliament are prescribed their worke what to doe which is to maintaine the Lawes and redresse the mischiefes and grievances that dayly happen but not in the least to our destroy Lawes unlesse they give us Letter for them nor to make our mischiefes and grievances greater nor to rob and poule the Kingdome of their treasure by taxations Excize c. and then share it by thousands and ten thousands amongst themselves which i● expresly against the Lawes of the kingdome for Feesies in trust and they are no more at most by the Law of this Land can give nothing to themselves and therefore their sharing as daily they doe the Common wealths money amongst themselves is no better then absolute state robbery against whom an indictment or an Action of recovery if not of death † For Andrew Horne declares p. 239 that it is an abuse of the common Law that Iustices and their Officers who kill people by false judge●ent be not destroyed as other murtherers which King Alfrid caused to be done who caused 44 Iustices in one yeare to be hanged as murtherers for their false judg●ments and page 241 he saith that he hanged Arnold because he saved Boylife who robbed the people by cullour of distresses whereof some were by selling distresses some by extortions of fines c. ought in equity and reason to lye as well as against robbing and cheating servants and stewards And for them for ever to shelter themselves from the lash and stroak of justice or for ever from being called to accompt for all their Cheats Robberies and murthers by getting the Kings hand to an Act to make them an everlasting Parliament no more lyes in the Kings power Justly and legally to do then to give them power to make us al absolute Vassels and Slaves and to destroy all our Lawes libertys and propertys and when they have so done then to cut the throats of all the men in England besides themselves therefore it behoves the people to keep up the interest of a Parliament but yet annually at least to chuse new Parliament ment to call their predicessors to a strick accompt and for my part J conceive that not onely by the rules of equity and reason but by the strength of the Law of the land which requires a Parliament to be chosen and held at least once every yeare the people that are willing in the severall Sheires Cities and Burrowes may call home their Parliament men and send new ones in their places to call them to accompt and to make Laws to punnish such betrayers of their trust as men as full of unnaturalnesse as those that murder and kill their owne fathers which is an act abhorred even amongst bruts and yet this very thing is acted upon us by the grandees amongst our trustees who themselves have told us that it is as old a law as any is in the Kingdom that the Kingdome never ought to be without a meanes to preserve it selfe 1. part book decl pag. 207. pag. 690. And that those things which are evell in their owne nature cannot be the subject of any command or induce any obligation of obedience upon any man by any authority whatsoever 1. par book p. cl pag. 201. pag. 150. And therefore the conclusion that I draw from Gods subjecting of all men equally

his Ward foure pence And that the Sheriffe under Sheriffe Sheriffes Clerke Steward or Bailiffe of Franchise servant or Bailiffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panell but foure pence and that the said Sheriffes and all other officers and Ministers aforesaid shall let out of prison all manner of persons by them or any of them arrested or being in their custody by force of any writ bill or warrant in any action personall or by cause of indictment of trespasse upon reasonable sureties of sufficient persons having sufficient within the counties where such persons be so let to bail or mainprise to keep their dayes in such places as the said writs Fitz N. B. fo 251. B. Plow fo 60. Coke l. 10. fo 101. 37. H. 6. fo 1. Plow fo 60. Dyer fo 118. 323. 364. 7. Ed. 4. fo 5. Coke li. 3. fo 59. li. 10. fo 99. Rast pla fo 371. 31. El. 9. Dyer fo 25. bels or warrants shall require Such person or persons which shall be in their Ward by condemnation execution Capiat utlagatum or excommunicatum surety of the peace and all such persons which be or shall be committed to ward by speciall commandement of any Iustices and vagabonds refusing to serue according to the forme of the Statute of Labourers only except And that no Sheriffe nor any of his officers or Ministers aforesaid shal take or cause to be taken or make any obligation for any cause aforesaid or by colour of their office but only to themselves of any person nor by any person which shall be in their Ward by the course of the law but by the name of their office and upon condition writen that the said prisoners shall appeare at the day contained in the said writ bill or warrant and in such places as the said writs bills or warrants shall require And if any of the said Sheriffes or other Officers or Ministers aforesaid take any obligation in other form by colour of their offices that it shall be void And that he shall take no more for the making of any such Obligation Warrant or precept by them to be made but foure pence And also that every of the said Sheriffes shall make yearly a deputy in the Kings Courts of his Chancery the Kings Bench the Common Place and in the Exchequer of Record before that they shall return any Writs to receive all manner of Writs and Warrants to be delivered to them And that all Sheriffes under Sheriffes Clerkes Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises or any other officers or ministers which doe contrary to this Ordinance in any point of the same shall loose to the party in this behalfe indamaged or grieved his treble damages and shall forfeit the summe of 40. l. at every time that they or any of them doe the contrary thereof in any point of the same whereof the King shall have the one halfe to be imployed to the use of his house and in no otherwise and the party that will sue the other halfe And that the Iustices of Assises in their Sessions Iustices of the one Bench and of the other and Iustices of the Peace in their County shall have power to enquire heare and determine of office without speciall Commission of and upon all them that doe contrary to these Ordinances in any article or point of the same And if the said Sheriffes return upon any person Cepi corpus or Reddidit se that they shall be chargeable to have the bodies of the said persons at the dayes of the returns of the said Writs Bills or Warrants in such form as they were before the making of this Act. The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise No Officer shall seise the goods of a prisoner untill he be attainted FOrasmuch as divers persons have been dayly arrested and imprisoned for suspection of Felony somtime of malice and sometime of a light suspection and so kept in prison without baile or mainprise to their great vexation and trouble Be it ordained and established by authority of this present Parliament that every Iustice of peace in every Shire City or Town shall have authority and power by his or their discretion to let such prisoners and persons so arrested to Baile or Mainprise in like forme as though the same prisoners or persons were indicted thereof of record before the same Iustices in their Sessions and that Iustices of Peace have authority to enquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony Rep. 3. H. 7. 3. 1. 2. P. M. 13. 7. H. 4. fo 47. 44. Ass Pl. 14. 43. Ed. 3. fo 24. Cook li. 1 fo 171. 26. Ass pl. 32. And that no Sheriffe under Sheriffe not Escheater Bailiffe of franchise nor any other person take or seize the goods of any person arrested or imprisoned for suspition of felony before that the same person so arrested and imprisoned be convicted or attainted of such felony according to the Law or else the same goods otherwise lawfully forfeited upon pain to forfeit the double value of the goods so taken to him that is so hurt in that behalfe by action of debt to be pursued by like processe judgement and execution as is commonly used in other actions of debt sued at the Common law And that no essoin or protection be allowed in any such action Nor that the defendant in any such action be admitted to wage or doe his Law I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867. And be it further inacted by authority aforesaid that if any person doe substract or withdraw any manner of tyths obventions profits commodities or other duties before mentioned or any part of them contrary to the true meaning of this act or of any other act heretofore made that then the party so substracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiastical court † † Suits for withholing of tyths shall bee in the Eccllesiasticall Court and no where else by the party from whom the same shal be substracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there heare and determine the same according to the Kings Ecclesiasticall Lawes And that it shall not be lawfull unto the Parson Vicar Proprietory Owner or other their Fermors or deputies contrary to this act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge than Ecclesiasticall And if any Arch-Bishop Bishop Chancellor or other Iudge Ecclesiasticall give any sentence in the foresaid causes of tithes obventions profits emoluments and other duties aforesaid or in any of them and no appeale

other Court shall directly or indirectly or by any art shift colour or device have take or receive any money fee reward covenant obligation promise agreement or any other thing for his report or Certificate by writing or otherwise upon pain of the forfeiture of 100. l. for every such Report or Certificate and to be deprived of his office and place in the same Court the one moity of the said forfeitures to be our Soveraign Lord the King his heires and successors the other moity to the party grieved which will sue for the same at any time during the said suit or within one yeare after the same cause discontinued or decreed and in his default of such suit to him or them that will sue for the same by originall Writ Bill plaint or Information in his Majesties high Court of Star Chamber or in any his Majesties Courts of Record at Westminster in which suit by Writ Bill plaint or Information no wager of Law Essoin Priviledge Supersedeas Protection or any other delay shall be suffered or admitted Provided neverthelesse that it shall be lawfull for the Clerke to take for his paines for writing of every such Report or Certificate 12. d. for the first side and 2. for every side after and no more upon paine to forfeit 10. s. for every peny taken over and above the said summe to be had and recovered as aforesaid Having given you the most materiall Statutes that I conceive at present makes for your most advantage that I can find in the Statutes at large I shall here insert three or foure Statutes made this present Parliament that in my judgement is extraordinary well worth your knowledge and understanding the first thus followes Anno 17. Caroli Regis An Act for regulating of the Privie Councell and for taking away the Court commonly called the Star Chamber WHereas by the GREAT a a 9. H. 3. 29. CHRTER many times confirmed in Parliament It is inacted that no freeman shall be taken or imprisoned or disseised of his free hold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemne but by lawfull judgement of his Peers or by the Law of the Land And by another Statute made in the b b 5. E 3. 9. fifth yeare of the Reigne of King Edward the third It is inacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the forme of the GREAT CHARTER and the law of the land And by another Statute made in the five and twentieth year c c 25 E. 3. 4. of the reigne of the same King Edward the third It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same Neighbourhood where such deeds be done in due manner or by Processe made by Writ originall at the Common Law and that none be put out of his Franchise or Free-hold unlesse he be by duty brought in to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by another Statute made in the 28 year d d 28. E. 3. 3. of the Reign of the same King Edward the third It is amongst other things inacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due processe of Law And by another Sta●●te made in the 42. yeare e e 42. Ed. 3. 3. of the Reign of the said King Edward the third It is enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ originall according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the 36. year of f f 36. Ed. 3. the same King Edward the third It is amongst other things inacted That all Pleas which shall be pleaded in any courts before any the Kings Iustices or in his other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yeare of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Keeper of the Kings Privie Seale or two of them calling unto them a Bishop and a Temporall Lord of the Kings most honourable Councell and the two chiefe Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to proceed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yeare of King Henry the eighth The President of the Councell is associated to ioyne with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seveth mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no law doth warrant and to make Decrees for things having no such authority and to inflict heavier punishments then by any law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redresse and their due punishment and correction by the Common Law of the Land and in the ordinary course of justice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court doe now cease and the proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subiect and the meanes to introduce an Arbitrary power and Government And forasmuch as the Councell Table hath of late times assumed unto it self a power to intermeddle in Civill causes and matters only of private interest between party and party and have adventured to determine the Estates and Liberties of the Subiect contrary to the Law of the Land and the rights and priviledges of the Subiect by which great and manifold mischiefes and inconveniencies have arisen and hapned and much incertainty by meanes of such proceedings hath been conceived concerning mens rights and estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by Authority of this present Parliament That the said Court commonly called the Star-Chamber and all Iurisdiction power and authoritie belonging unto or exercised in

the same Court or by any of the Iudges Officers or Ministers thereof be from the first day of August in the yeare of our Lord God 1641. clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellour or Keeper of the great Seale of England the Lord Treasurer of England the Keeper of the Kings Privie Seale or President of the Councell nor any Bishop Temporall Lord Privie Councellor or Iudge or Iustice whatsoever shall have any power or authority to heare examin or determin any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decree or to doe any Iudiciall or Ministeriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto all● or any the Iudges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like iurisdiction being exercised there shall from the said first day of August 1641 be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third yeare of King Henry the seventh Or the Statute made the one and twentieth of Henry the eighth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subiects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of iustice and by the ordinary course of the law And be it further provided and enacted That if any Lord Chancellor or Keeper of the great Seale of England Lord Treasurer Keeper of the Kings privie Seale President of the Councell Bishop Temporall Lord Privie Councellor Iudge or Iustice whatsoever shall offend or doe any thing contrary to the purp●rt true intent and meaning of this Law Then he or they shall for such offence forfeit the summe of five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain judgement thereupon to be recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgement or Recovery shall he had as aforesaid shall after such Iudgement or Recovery offend again in the same then he or they for such offence shall forfeit the summe of one thousand pounds of lawfull money of England unto any partie grieved his Executors or Administrators who shall really prosecute for the same and first obtaine Iudgement thereupon to be Recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information in which no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgement or Recovery shall be had as aforesaid shall after such Iudgement or Recovery offend againe in the same kind and shall bee thereof duly convicted by Indictment Information or any other lawfull way or meanes that such persons so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to beare his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to make any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and loose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his trebble dammages which he shall sustain and be put unto by meanes or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberty or suffer imprisonment by the Order or Decree of any such Court of Star-Chamber or oth●r Court aforesaid now or at any time hereafter having or pretending to have the same or li●e jurisdiction Power or Authority to commit or imprison as aforesaid Or by the Command or Warrant of the Kings Maiestie his Heires or Successours in their own person or by the Command or Warrant of the Councell-board or any of the Lords or other of his Majesties Privie Councell that in every such case every person so committed restrained of his libertie or suffering imprisonment upon demand or motion made by his Councell or other employed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually paid for the same

have forthwith granted unto him a writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same writ shall issue in open Court and shall then likewise certifie the true cause of his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine or determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon doe what to iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Justice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved his trebble dammages to be recovered by such meanes and in such manner as is formerly in this Act limitted and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend only to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches of Wales and before the President and Councell in the Northern parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court And to all Courts of like Jurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the warrants and Directions of the Councell-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majestie his Heires or Successours in their own person or by the Lords and others of the Privie Councell and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have to offended shall be sued or impleaded for the same within of two yeares at the most after such time wherein the said offence shall be committed Anno XVII Caroli Regis An Act for the declaring unlawfull and void the late proceedings touching Ship money and for the vacating of all Records and Processe concerning the same VVHereas divers Writs of late time issued under the Great Seal of England commonly called Shipwrits for the charging of the Ports Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for his Majesties service And whereas upon the execution of the same Writs and Returnes of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Processe hath bin thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said Ships and in especiall in Easter Tearm in the thirteenth yeare of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriffe of BVCKINGHAM-SHIRE against IOHN HAMDEN Esquire to appeare and shew cause why hee should not be charged with a certain summe so assessed upon him upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adiourned the same case into the Exchequer Chamber where it was solemnly argued divers dayes and at length it was there agreed by the greater part of all the Justi●es of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled that the said Iohn Hambden should be charged with the said summe so as aforesaid assessed on him The maine grounds and reasons of the said Iustices and Barons which so agreed being that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger the King might by writ under the Great Seale of England command all his Subiects of this his Kingdom at their charge to provide and furnish such number of Ships with Men Victualls and Munition and for such time as the King should think sit for the defence and safegard of the Kingdome from such danger and perill and that by Law the King might compell the doing thereof in case of refusall or refractarinesse and that the King is the sole Iudge both of the danger and when and how the same is to be prevented avoided according to which grounds reasons a● the Iustices of the said courts of Kings Bench Cōmon Pleas the said Barons of the Exchequer having bin formerly consulted with by his Majestis command had set their hands to an extraiudiciall opinion expressed to the same purpose which opinion with their names thereunto was also by his Maiesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber and according to the said agreement of the said Iustices and Barons judgement was given by the Barons of the Exchequer that the said IOHN HAMPDEN should be charged with the said summe so assessed on him And whereas some other Actions and Processe depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called SHIPWRITS all which Writs and proceedings as aforesaid were VTTERLY against the Law of the Land Be it therefore declared and enacted by the Kings most Excellent Maiestie and the Lords and Commons in this present Parliament assembled and by the authority of the same That the said charge imposed upon the Subiect for the providing and furnishing of Ships commonly called Ship-money and the said extraiudiciall opinion of the said Iustices and Barons and the said Writs and every of

death and incurre the forfeitures of his Goods and Chattells Lands Tenements and Hereditaments of any estate of free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than be or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heires and Successors others then the said Earl and his Heires and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Session of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been Now after these small collection of Statutes I shall give you some generall heads of things that I conceive are very necessary for you to know for the preservation of your lives liberties and estates in this murdering robing plundering and law and liberty destroying age and because tythes are of such concernment to al the honest nown substantive free men of England and so dayly a grievance to the conscientious and moral iust men of this Kingdome by reason of the Priests and persons coveteous indeavouring to rob the people of there truly come by goods which they have no right unto either by the Lawes of God reason equity or nature against which that you may be the better fortified I shall insert here the plea and answer of William Browne unto the bill of the parson of Stepny with some marginall notes upon it and some other things depending upon it The plea thus followeth The Plea answer of William Brown one of the defendants to the Bill of complaint of Josuah Hoyle intituled by the said bil Doctor of Divinity and vicar of the Parochiall church of Stepney alias Stichen heath in the County of Midlesex pretended debtor to the Kings Majesty that now is THe said defendant by protestation not confessing nor acknowledging any thing in the said bil of cōplaint material against the said defendant to be true but rather devised set forth of purpose to put him this defendant to wrongfull vexation costs and charges and expences in Law for plea saith that by the plantifes own shewing forth the complainant hath no just cause to sue this defendant upon his said bill in this honouable Court neither is this defendant compellable to answer the same for that the said complainant by his said bil alleadgeth and saith that there is and time out of minde where of the memory of man is not to the contrary hath been an ancient custome and usage that the inhabitants of the said parish have alwayes paid unto the Vicars of the said parish for the time being a composition rate for milch Cowes orchards gardens lands and sowes and oblations of poultry as in the said bil of complaint is set forth which if any such custome and usage be the same is triable at the COMMON law † † This is a mistake of the councell that drew the plea for tythes by the statute law of this Kingdome are only recoverable in the ecclesiasticall courts and not at the common law as fully and clearly appeares by the 1 of Ed. 6. chap. 13. and the ecclesiasticall Iurisdiction is totally abolished by act of Parliament this present Parliament anno Caroli Regis 17. so that by law the Parsons can recover no tythes and not in this honourable Court upon the said bill of Complaint And therefore this Defendant humbly prayeth judgement of this honourable Court whether he shall make any further answer to the said complainants Bill of Complaints Neverthelesse if he this Defendant shall be ordered to make any further or other answer unto the said Complainants Bill of Complaint then and not otherwise this Defendant all benefit and advantage of exception to the uncertainties insufficiencies of the said Complainants said Bill still to this Defendant now and at all times hereafter saved for further answer thereunto this Defendant saith That he verily beleeveth it to be true that for some hundred of yeares while the Kingdome groaned under the Papall yoake and was subiect to the Popes supremacie Tyths and certaine manner of Tything and other oblations were exacted and taken by the PAPALL Bi●hops Parsons Vicars and Curates of many Parishes and of a great part of this Kingdome untill ●he Popes supremacie and iurisdiction within this kingdome and all appeale to the sea of Rome were abrogated and annulled by divers severall Statutes * * Penalty for maintaining the authority of the Bishop of Rome 5. Eliz. chap 1. Penalty to draw any subjects from their ●bedience to the King to the Roman religion Idem And this Defendant verily beleeveth that the Popish Bishops Parsons and Vicars and their substitutes since retained and continued in the Church of England did afterwards receive and take tythes and certain manner of tything and other oblations of several parishes within this kingdome for their wages Cure and reading the Book of Common Prayer † And this Defendant saith ●hat the said Inhabitants of the said Parish in the said bill mentioned or any of them did never ●ay or were ever accustomed to pay unto any Vicars of the said parish the said composition for milch Cowes Orchards Gardens Lands and Sowes or other oblations as in the said bill is and set forth or any other composition or rate for the same but only to such Vicars thereof as were made and ordained Ministers by the Bishops some or one of them † † The names functions and stiles of Bishops are taken away Ord. 9. Octob. 1646. and their Episcopall iurisdiction and power with their tythes vicarages personages c. And what composition or rate for milch Cowes Orchards Gardens Lands or Sowes or other oblations the said Inhabitants or any of them did pay unto any of the said Vicars for the time being of the said parish in the said Bill mentioned since the abolishing of the Popes supremacie the same was payed for officiating reading the book of Common Prayer and administring the Sacraments

arbitrary power like Turkish Janisaries In the rhird place I answer that it is against reason law conscience justice and equity to subject me at one and the same time or any other free Commoner of England under the sting and power of two distinct Lawes and such a bondage as is insupportable and such a snare of intanglement that no mans life whatsoever can be safe or secure under it that I shall be liable to be questioned and destroyed by the common Law of the Kingdome and then be at the wills of mercenarie Turkish Ianisaries in case the common Law will not reach me to be questioned and destroyed by an unjust arbitrary Martiall law and if it can be justly proved against me that I have made any tumults the Law and the ordinarie Courts of justice are open by which and by no other rules and proceedings J ought to be tryed and if it be said or can be proved that J have belied or scandalized the Generall to the taking away of his good name c. yet scandalum Magnatum is not to be tried by Martiall Law nor yet either by the House of Commons or the House of Lords but only alone now the Star-Chamber is down by an Action at cōmon Law † † As is cleare by the Statutes of 3. Ed. 1. 33. 37. Ed. 3. 18. 38. Ed. 3. 9. 42. Ed. 3. 3. 2. R. 2. 5. 12 R. 2. 11. 5. part Cookes reports pag. 125. 13. H. 7. Kelway 11. Eliz. Dier 285. 30. Affiz pla 19. Liev. Col. John Lilburnes Grand Plea of 20. October 1647. pag. 7. 8. by a Jurie of my equals no where else it being a Maxime in Law That wher remedy may be had by an ordinary course in law the party grieved shall never have his recourse to extraordinaries * * See Vox Plebis pag. 38. Lievt Col. Jo. Lilburnes Anatomie of the Lords Tyranny pag 10. And besides for you to proceed with me and to be both Parties Jury and Iudges is a thing that the Law abhorres † † See 8. H. 6. fol. 21. Eliz. Dier 220. Dr. Bonhams case 8. part of Cooks Repots and Lievt Col. Jo. Lilburnes grand Plea pag. 10. In the fourth and last place J answer that the Parliament it selfe neither by Act nor Ordinance can justly or warrantably destroy the fundamentall liberties and principles of the common Law of England * * See Mr. Henry Martins answer to the Scotchpapers called the Independency of England at the last end it being a maxime in law and reason both That all such Acts and Ordinances are ipso facto null and void in law and bind not at all but ought to be resisted and stood against to the death But for them to give you a power by Marshal Law or under any other name or title whatever by your arbitrary tyrannicall wills without due course and processe of Law to take away the Life or Liberty of me or any free Commoner of England whatsoever yea or any of your own Souldiers in time of peace when the Courts of Iustice are all open and no visible declared enemie in Armes in the Kingdome ready to destroy it is an absolute destroying of our fundamentall Liberties and a rasing of the foundation of the Common Law of England † † But besides all this I doe confidently believe that the Parliament never gave power unto the Generall since the wars ended to execute Martiall Law neither doe I believe that some chiefe Executors of Martiall Law have any Legall Commission from the Parliament who never that I could heare of ever gave power unto the Generall of himself to make generall Officers and besides all the Parliament men that are Officers in the Army were as I have been groundedly told formerly taken off by an Ordinance of both Houses which was never repealed since And therfore such a power of Arbitrary Marshall Law cannot justly by the Parliament in time of peace c. be given unto you nor if it were be justly or warantably executed by you And besides both houses themselves by an Ordinance unlesse they alter the whole constitution of this Kingdome can take away the life of no free Commoner of England whatsoever especially in time of peace And therefore that which is not within their owne power to do they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax c. to do it being a Maxime in nature That beyond the power of being there is nor can be no being But it is in the power of the Parliament or the two Houses or the House of Commons themselves as the present constitutions of this Kingdome stands either by Order or Ordinance to take away the life of any free commoner of England * * See Sir E Cooks 2 part institut fo 47 48. 3. part fol. 22. and 4. part fol. 23. 25. 48. 291. all of which bookes are published for good law to the Kingdom by 2. speciall Orders of the present House of Commons as you may read in the last pa. of the second part institut see also the Petition of Right And therefore they cannot by an Ordinance or Order especially in times of peace give power to Sir Thomas Fairfax by Marshall Law unlesse they totally alter the Constitutions of the Kingdome to take away the life or lives of any free Commoners of England which all Souldiers are as well as others † † See the Armies Declaration of the 14. Iune 1647. Book of their Declarations pag. 39. and their Letter from Royston to the Lord Mayor of London of the 10. Iune 1647. which the Printer hath neglected to print in their book of Declarations * and therefore it is absolute murther in the Generall and the Councell of Warre now to shoot to death hang or destroy any Souldier or other Commoner what ever by Marshall Law for which they may be indicted at the Kings Bench barre And therefore J doe the third time as a friend advise you to cease your illegall arbitrary tyrannicall Marshall Law proceedings with me that am no Souldier and so not under the least pretence of your Marshall Iurisdiction least in time to come you pay as deare for your arbitrarie illegall proceedings with me as Sir Richard Empson and Mr. Edward Dudley Iustices did who as Sir Edward Cook declares in his 2. and 4. part of his Institutes where very officious and ready to execute that illegall Act of Parliament made in the 11. H. 7. cap. 3. which gave power unto Iustices of Assize as well as Iustices of the Peace without any finding or presentment by the verdict of twelve men being the ancient birth-right of the Subject upon a bare information for the King before them made to have full power and authority by their discretions to heare and determine all Offences or contempts committed or done by any person or persons against the form ordinance

effect of any Statute made and not repealed c. by colour of which Act of Parliament shalling saith he this fundamentall law viz. the 29. Chapter of Magna Charta it is not credible what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by them for which though I cannot read they shot any man to death and though they had an expresse Act of Parliament to beare them out abundantly lesse questionable then an Ordinance for exercising Marshal Law they were both indicted of high treason both by the Common Law and Act of Parliament * * See 2. part Instit fol. 51. 4. part fol. 41. 196. 197. but especially read their Jndictment virbatim set down ibid. fo 198 199. and in the 2. yeare of Henry 8. they both lost their heads Therefore from all the premises by way of conclusion I draw up this protestation against you that by the lawes and constitutions of this Kingdome you have not the least Iudicative power in the world over me therefore I cannot in the least give you any Honour Reverence or Respect either in word action or gesture and if you by force and compulsion compell me againe to come before you I must and will by Gods assistance keep on my hat and look upon you as acompany of Murderers Robbers and Theives and doe the best I can to raise the Hue and Cry of the Kingdome against you as a company of such lawlesse persons and therefore if there be any Honour Honesty and Conscience in you I require you as a free borne English man to doe me justice and right by a formall dismissing of me and give me just reparation for my moneths unjust imprisonment by you and for that losse of credit I have sustained thereby that so things may goe no further or else you will compell and necessitate me to study all wayes and means in the world to procure satisfaction from you and if you have any thing to lay to my Charge J am as an English man ready to answer you at the common Law of England and in the meane time J shall subscribe my self Your servant in your faithfull discharge of your duty to your Masters the Commons of England that pay you your wages William Thompson From my arbitrary and most illegall imprisonment in Windsore this 14. Decem. 1647. The forementioned Letter thus followeth To his Excellency Sir Thomas Fairfax Knight Captaine-Generall of the Forces in the Nation for Importiall Justice and Libertie these present May it please your Excellency I Here present unto you a Declaration and Protestation against the illegall and unjust proceedings of your Councell of Warre against me I being a free Commoner of England as in the presence of the just God before whose Tribunall both you and I shall stand to give an account of all ungodly deeds committed against him And so I rest Your Excellencies servant if you are a true servant to the most excellent God for justice and righteousnesse in the earth without respect of persons William Thompson Decemb. 14. 1647. The Petition thus followeth To the right Honourable his Excellency Sir Thomas Fairfax Knight Captain Generall of all the forces raised in the Kingdome of England The humble Petition of some of your Excellencies Officers and Soldiers being under the custodie of the Marshall Generall Sheweth THat whereas there are misrepresentations of the intentions of the late Agents of the Army and their adherents by men of corrupt minds who would make all the end of your own and your Armies noble and valiant Atchievements under the power of God fruitlesse and would destroy justice and righteousnesse from amongst men and in stead of common good and equal distribution of justice would advance a particular selfish interest to accomplish their unworthy selfish ends amongst many other scandals cast upon the late Agents they have blazed abroad that they intended to murther the King and that one of them should affirm it was lawfull And whereas this was reported by one Lievt Col. Henry Lilburne it being altogether most abominable in our eyes and detracts from the purity and righteousnesse of our Principles tending only to make us odious to the people for whose good alone we have run not only all former but also these late hazzards We therefore desire that the said Lievt Col. Henry Lilburne may be speedily sent for to testifie upon Oath as in the presence of God who used those words where those words were used and when and what in particular the words were That so such a person may come under a publique cognizance and your Excellencies faithfull servants and souldiers may free themselves and others from such aspertions And your Petitioners shall ever pray c. Will. Eyers Will. Bray Will. Prior Iohn Wood. George Hassell Will. Everrard Iohn Crosseman Tho. Beverly Will. Thompson Commoner The forementioned plea of Iohn Crosseman which with his own hands he delivered to the Generall himself thus foloweth TO HIS EXCELLENCY SIR THOMAS FAIRFAX AND ALL his Officers that pretend to be Executors of Martiall Law May it please your Excellency I Was convened the 16. December last before certaine of your Officers that pretendedly called themselves a Court Marshall who attempted to try me by Marshall Law for certaine pretended crimes specified in a paper by way of Articles exhibited by a namelesse prosecuter 20. dayes after I was a prisoner only the said Articles were signed by Henry Whaley who calls himself Iudge Advocate And the same day and time unto the said Officers I delivered in a paper under my hand intituled John Crosseman his Plea against the proceedings of the Generall Officers to punish him by Marshall Law And after much debate by the said Officers upon the said Plea the said Officers seemed to be unsatisfied with it and therefore gave me time till this present Munday the 20. day Decemb. 1647. to consider with my self whether J would stand unto the said plea or give in any other answer Having thereupon largely considered with my self upon the ends of our late taking up Armes I can in my own conscience judge them to be no other but for the destruction of all arbitrary tyrannicall power in whomsoever the preservation of our Lawes and Liberties and the punishment of all those that have endeavoured the destruction of them And having since the delivery of the said plea read the Petition of Right from end to end And William Thompsons plea delivered to your Excellency c. upon the 14. Decemb. 1647. now in print intituled Englands Freedome Souldiers Rights † † Which you may read before pag. 1 2 3 45 46 47 48 49 50 51. upon the deep and weighty consideration of all which J am compelled out of the sense of avoyding the being too justly esteemed by all understanding rationall men a traytor and subverter of the Lawes and liberties of England to stand unto my said Plea without any further answer then this