Selected quad for the lemma: act_n
Text snippets containing the quad
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A66539
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The legacy of John Wilmer, citizen, and late merchant of London humbly offered to the lords and commons of England.
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Wilmer, John.
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1692
(1692)
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Wing W2884; ESTC R9494
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27,537
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38
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my Measures God's Fish I will have his Blood or ruine him although it cost me ten thousand Pounds Reflections on the seventh Section NO Age can parallel the Wickedness of such Magistrates to contrive such horrid things against a brave and honest People to bring such alparcel of Varlets and Irish Cut-throats to swear against innocent Men that no honest Man in the Kingdom in Life or Estate could escape them if they could have had Jury-Tools as well as Judges and others It is a difficult Task to keep within bounds and to bridle in Passion under Oppression to have our Spirits in a Christian cool Frame when we are injured it requires great Measures of Grace You see I was here in a fine Case having such thundring Threatnings that nothing but Death or Ruine must follow For what is mentioned is Matter of Fact in the foregoing Section and I believe I can prove it at this Day if need require SECT VIII THE Conspirators unwilling thus to lose their hopeful Plot and the Cost which they had been at in suborning and instructing their Irish Witnesses they cast about how and where to employ them to better purpose than in the City of London and at length they resolve to make an Experiment at Oxford thither they send Colledg to be tried upon a special Commission of Oyer and Terminer issued into that County Hereupon it being evident that I might be a most material Witness to shew the Inconsistency and Falshood of the Irish Evidence Inquiry was made of me whether I would go to Oxford to testify my knowledg in the Matter on the behalf of Colledg I declared that if I were Subpena'd I would go but upon the very Day when a Subpena was brought to my House Atterbury the Messenger came thither with Stephens Messenger of the Press and seizing me said You are my Prisoner Hereupon I demanded a light of his Warrant and finding it to be from Secretary Jenkins for High-Treason I told Atterbury as Counsel had before advised me that it was an illegal Warrant and would not run in London I being within the Freedom and a Freeman of the City but if any Warrant came from my Lord-Mayor or from an Alderman of the City who was a Justice I would readily obey it but Atterbury with his Assistants laid hold of me and forced me into a Coach carrying me to Atterbury's House where I was kept two Days from thence I was carried before the King and Council at Hampton-Court and being very sick with an Ague and flayer the Lord Chancellor said to me at my coming in You come in like an Ignoramus upon which the King pulled him by the Sleeve and wink'd on him which seemed to intimate that though my giving the Ignoramus Verdict upon the Indictment against Colledg was in truth the Crime which brought me thither yet it should not be published wherefore the same Lord turning it said You come here as one not only guilty of High-Treason but have begun a Rebellion in resisting his Majesty's Warrant for your Apprehension Whereupon I replied May it please your Majesty I have not not will I resist any legal Warrant of your Majesty's but I humbly conceive the Warrant by which I am apprehended is an illegal Warrant being from the Secretary of State and will not run in London for the Justices of London are not Justices by Commission but by Prescription and Charter Said the King Will not my Warrant run in London Yes may it please your Majesty I answered a Warrant from my Lord Chief Justice of your Majesty's Bench will run in London to apprehend any Citizen but it is to be executed by its proper Officer a City-Constable and he to carry his Prisoner so apprehended before the Lord-Mayor or any other Alderman that is a Justice of the said City To which the King said Who told you this Law I replied One Mr. Smith an able Lawyer Whereupon I was ordered to withdraw and within an hour after without any other Accusation or Examination a Warrant was sent out of the Council-Chamber to commit me to the Tower for High-Treason Reflections on the eighth Section IT is thought by many that one Reason of my being taken up at this time was to prevent my going to Oxford to Colledg's Trial to confront the Irish Evidence and declare my knowledg of them By this Warrant against me and by a like Warrant against Mr. Whitaker the Customs and Privileges of the City of London granted by Charter and confirmed by Act of Parliament were broken through for it was granted by the Charter of King Edward the Third as may be seen in the printed Charters of the City p. 45. and which hath been very often confirmed by many Acts of Parliament That no Summons Attachments or Executions be made by any the King's Officers whatsoever by Writ or without Writ within the Liberty of the City but only by the Ministers of the City The famous Lawyer Bracton expresses himself to this purpose Bracton lib. 1. cap. 8. fol. 5. lib. 2. cap. 16. fol. 34. Mirrour of Justice p. 8 15. The Law is not only the King's Maker but his Master and whatever he doth against it he is as liable to answer as the Subject save in Life and Member therefore does nothing in Person but all in his Political State and Capacity by Ministers And therefore if any Minister by the King's Command breaks the Law or acts against Law he is punishable for the Crime whether Privy-Counsellor Chancellor Judg or other inserior Minister Every Citizen of London with the same Breath he swears Allegiance to the King he also swears to maintain the Charters Grants Rights and Privileges of the City and I take each Oath to be binding alike and no ways contradictory the one to the other and as I take it I was bound by the latter to have resisted Atterbury even to the hazard of my Life he coming with his illegal Warrant to seize me contrary to the Grants Charters and Customs of the City Now to evince the truth of what I assert and to remember my Fellow-Citizens of their Duty I shall here subjoin the Oath which we all took as Freemen of the City and also the Oath which is taken by every Member of the Common Council by both which Oaths I then stood obliged The Oath of every Freeman of the City of London I here insert word for word as follows YE shall swear that ye shall be good and true to our Sovereign Lord and Lady King William and Queen Mary Obeysant and obedient ye shall be to the Mayor and Ministers of the City The Franchises and Customs thereof ye shall maintain and this City keep harmless in that that in you is Ye shall be contributary to all manner of Charges within this City as Summons Watches Contributions Taxes Tallages Lot and Scot and to all other Charges bearing your part as a Freeman ought to do Ye shall colour no foreign Goods