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cause_n	aforesaid_a	lord_n	say_a	1,656	5	6.8525	4	false

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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

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

of their neighbours and of other untill they had amends and fines at their own pleasure And further some of them would not be iustified by the Kings Officers nor would suffer them to make delivery of such distresses as they had taken of their own authority It is provided agreed and granted That all persons as well of high as of low estate shall receive Iustice in the Kings Court And none from henceforth shall take any such revenge or distresse of his own authority without award of our Court though be have dammage or iniury whereby he would have amends of his neighbour either higher or lower And upon the foresaid Article it is provided and granted that if any from henceforth take such revenges of his own authority 11. H. 4. fo 2. 47. Ed. 3. fo 7. 18 Ed. 3. fo 48. 41. Ed. 3. fo 26. 17. Ed. 3. fo 9. without award of the Kings Court as before is said and be convict thereof he shall be punnished by fine and that according to the trespasse And likewise if one neighbour take a distresse of another without award of the Kings Court whereby he hath damage he shall be punished in the same wise and that after the quantitie of the trespasse And neverthelesse sufficient and full amends shall be made to them that have sustained losse by such distresses Chap. 2. None but suiters shall be destrained to come to a Court. MOreover none of what estate so ever he be shall distrain any to come to his Court 41. E. 3. fo 26 47. E. 3. fo 7. Fitz. Barre 281. which is not of his Fee or upon whom he hath no Iurisdiction by reason of Hundred or Bayliwick nor shall take Distresses out of the Fee or place where he hath no Baliwick or Iurisdiction And he that offendeth against this Statute shall be punished in like manner and that according to the quantitie and qualitie of the Trespasse 3 Ed. 1. 16. Regist fo 97. Chap. 3. A Lord shall not pay a Fine for distraining his Tenant IF any of what estate soever he be will not suffer such Distresses as he hath taken to be delivered by the Kings Officers after the Law and Custome of the Realme or will not suffer summons Attachments or Executions of Iudgements given in the Kings Court Fitz. Rascous 20. Bro Trespas 16. 384. Fitz. Dan. 10. Fitz Heriot 5.5 H 7. fo 9.9 H 7. fo 14.10 H. 7. fo 2.10 Ed. 4. fo 7.9 H. 6. fo 20. Fitz. Trespas 196. S. Ed. 1.17 Fitz. N. B. fo 102. c. V. N. B. fol. 48. to be done according to the Law and Custome of the Realme as is aforesaid hee shall be punished in manner aforesaid at one that will not obey the Law and that according to the quantitie of the Offence And if any of what estate soever he be distrain his Tenant for Services and Customes being due unto him or for any other thing for the which the Lord of the Fee hath cause to distraine and after it is found that the same services are not due the Lord shall not therefore be punished by Fine as in the cases as foresaid if he doe suffer the Distresses to be delivered according to the Law and Custome of the Realme but shall be amerced as hitherto hath been used and the Tenant shall recover his damages against him Chap. 4. A distresse shall not be driven out of the County And it shall be reasonable Fitz Barre 120. 275 Fitz. Distresse 1 2. 16. Fitz. Avowry 192. 30. Ass pl 38 29. Ed. 3 fo 23 Kel fo 50. 41. Ed. 3. fo 26. 29 Ed. 3. fo 24. 42. Ed. 3. fo 26. 3. Ed. 1. 16. 1. 2. Ph. M. 12. 51. H 3. 28. Ed. 1. 12. NOne from henceforth shall cause any distresse that he hath taken to be driven out of the County where it was taken And if one neighbour doe so to another of his own authority and without judgement he shall make fine as above is said as for a thing done against the Peace Neverthelesse if the Lord presume so to doe against his Tenant he shall be grievously punished by amerciament Moreover Distresses shall be reasonable and not too great And he that taketh great and unreasonable distresses shall be grievously amerced for the excesse of such distresses Regist fo 97. Rast pla fo 216. Regist fo 98. 183. St. 9. Ed. 2. 9 Fitz. N. B. fo 90. 173 Co. lib. 8. fo 60. 7. H. 7. fo 1. 22. Ed. 4. fo 49. Fitz. Barre 281. Fitz. Trespas 188. Fitz. briefe 511. 842. Fitz. Avowry 87. 221. 231. Chap. 15. fol. 20. In what places Destresses shall not be taken IT shall be lawfull for no man from henceforth for any manner of cause to take Distresses out of his Fee nor in the Kings high way nor in the common street but only to the King or his Officers having speciall authority to doe the same Chap. 20. fol 21. None but the King shall hold plea of false Iudgement NO●e from henceforth except our Lord the King shall hold in his Court any Plea of false judgement Fitz. Faux Iudgment 7 8.10 14 26.1● Ed. 3. ch 6. given in the Court of his Tenants For such Plea specially belongeth to the Crown and Dignitie of our Lord the King Regist fol. 15. V. N. B. fo 16. Fitz. N. B. fo 17. Rast pla fo 342 Coke pla fo 305. Chap. 21. fol 21. who may take Replevins of Distresses Dyer fo 245. Bro. Riots 2●3 Bro. Parl. 108 Fitz Return de Viscount 17 Co. Inst 145 b. 3. Ed. 1 ch 17. Fitz. N B fo 68. V. N B. fo 44. IT is provided also that if the Beasts of any man betaken and wrongfully withholden the Sheriff after complaint made to him thereof may del●ver them without 〈…〉 gainsaying of him tha● tooke the Beasts if they were taken out of Liberties And if the Beasts were taken within any Libertie and the Bailiffes of the Libertie will not deliver them then the Sheriffe for default of those Bailiffes shall cause them to be delivered Regist fo 82. c. The 3. of Edward the 1. Chap. 17. fol. 27. The remedie if a destresse be impounded in a Castle or Fortresse IT is provided also that if any from henceforth take the Beasts of other and cause them to be driven into a Castle or Fortresse and there within the close of such Castle or Fortresse doe withhold them against gage and pledges whereupon the beasts be s●lemnly demanded by the Sheriff or by some other Bailiffe of the Kings at the suit of the plaintiffe the Sheriffe or Bailiffe taking with him the power of the ●here or Bayliwck doe assay to make Replivin of the Beasts from him that took them or from his Lord or from other being servants of the Lord whatsoever they be that are found in the place whereunto the beasts were chased if any deforce him of the deliverance of the Beasts or that no man be found for the

Court should order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Maiesties speciall command signified by the Lords of your privie Councell and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to law And whereas of late great companies of Soldiers and Marriners have been dispersed into divers Counties of the Realme and the inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourne against the Lawes and Customes of this Realme † † Compulsive billiting of Soldiers unlawfull and it is very observable that the King at the time of this complaint had warres with France and to the great grievance and vexation of the people And whereas also by authority of Parliament in the five and twentieth yeare of the reigne of King Edw. the third g g 25 Edw. 3. 9. it is declared and inacted that no man should be fore iudged of life or limbe against the form of the Great Charter and the Law of the land And by the said Great Charter and other the Lawes and Statutes of this your Realme no man ought to be ad●udged to death but by the Lawes established in this your Realme h h No man ought to be adiudged but by the established lawes 9. H. 3. 29. 5. Ed 3. 9. 25. Ed 3 4. 28. Ed. 3. 3. either by the Customs of the same Realme or by acts of Parliament And whereas no offender of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the Lawes and Statutes of this your Realme Neverthelesse of late divers Commissions under your Majestes great Seale have issued forth by which certaine persons have been assigned and appointed Commissioners with power and authority to proceed within the land according to the Iustice of Martiall Law against such Soldiers and Marriners or other dissolute persons joyning with them as should commit any murther robberie felony mutinie or other outrage or misdemeanor whatsoever and by such summary course and order as is agreeable to Martiall Law and as is used in Armies in time of warre to proceed to the tryall and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martiall By pretext whereof some of your Maiesties Subjects have been by some of the said Commissioners put to death when and where if by the Lawes and Statutes of the Land they had deserved death by the some lawes and Statutes also they m●ght and by no other ought to have been iudged and executed † † Marshall law altogether unlawfull in England in times of peace especially and therefore that Soldier of Col. Robert Lilburnes Regiment that was lately shot at the Rendezvouz neere Ware was meerely murthered And also sundry grievous offendors by colou● thereof claiming an exemption have escaped the punishments due to them by the Lawes and Statutes of this your Realme by reason that divers of your officers and Ministers of Iustice have uniustly refused or forborne to proceed against such offendors according to the same Lawes and Statutes upon pretence that the said offendors were punishable only by Martiall law and by authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Lawes and Statutes of this your Realme They doe therefore humbly pray your most excellent Maiestie that no man hereafter be compelled to make or yeeld any gift loane benevolence tax The Petition or such like charge without common consent by act of Parliament And that none be called to make answer or take such oath or to give attendance or be confined or other ways molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or detained And that your Maiestie would be pleased to remove the said Soldiers and Marriners and that your people may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martiall Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Maiesties Subiects be distroyed or put to death contrary to the lawes and franchise of the land All which they most humbly pray of your most excellent Maiesty as their rights and liberties according to the Lawes and Statutes of this Realme And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawn hereafter into consequence or example And that your Maiestie would be also graciously pleased for the future comfort and safety of your people to declare your royall will and pleasure That in the things aforesaid all your officers and Ministers shall serve you according to the Lawes and Statutes of this Realme † † All the administrators of the law are to execute their places according to the law and not otherwise as they tender the honour of your Maiestie and the prosperity of this Kingdome Which Petition being read the second of Iune 1628. The Kings answer was thus delivered unto it THe King willet● that right be done according to the Lawes and customes of the Realme And that the Statutes be put in execution that his Subiects may have no cause to complaine of any wrong or oppression contrary to their iust Rights and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative But this answer not giving satisfaction † And the reason was because in this his first answer he doth not grant that the things claimed in the Petition as they are laid down are the lawes rights and liberties of England and so had left it in the Iudges breasts to have given their Iudgements as well against as with the Petition but his second answer let right be done as is desired is full to the purpose the King was againe petitioned unto that he would give a full and satisfactory answer to their Petition in full Parliament Whereupon the King in person upon the seventh of Iune made this second Answer My Lords and Gentlemen THe answer I have already given you was made with so good deliberation and approved by the iudgements of so many wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguous interpretations and to shew you that there is no doublenesse in my meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an answer that I am sure will please yo● And then causing the Petition to

no prohibition hanging and the party condemned doe not obey the said sentence that then it shall be lawfull to every such Iudge Ecclesiasticall to excommunicate the said party so as afore condemned and disobeying in the which sentence of excommunication if the said party excommunicate wilfully stand and endure still excommunicate by the space of 40. dayes next after upon denunciation and publication thereof in the Parish Church or the place or Parish where the party so excommunicate is dwelling or most abiding the said Iudge Ecclesiasticall may then at his pleasure signifie to the King in his court of Chancery of the state and condition of the said party so excommunicate and thereupon to require processe De excommunicato capiendo to be awarded against every such person as hath been so excommunicate The 13. of Elizabeth Cha. 12. fol. 1099. Reformation of disorders in the Ministers of the Church THat the Churches of the Queens Majesties Dominions may be served with Pastors of sound Religion be it inacted by the authority of this Present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy word and Sacrament by reason of any other forme of institution Consecration 3. Ed 6. 12. 5. Ed. 6. 1. or ordering than the forme set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the reign of our most gracious Soveraign Lady before the feast of the Nativity of Christ next following shall in the presence of the Bishop or Guardian of the spiritualities of some one diocesse where he hath or shall have Ecclesiasticall living declare his assent and a a Dyer fo 377. subscribe to all the Articles of Religion which only concerne the confession of the true Christian faith and the doctrine of the Sacraments comprised in a book imprinted entituled Articles whereupon it was agreed by the Arch B●shops and Bishops of both Provinces and the whole Clergie in the Convocation holden at London in the yeare of our Lord God a thousand five hundred sixty and two according to the computation of the Church of England for the avoyding of the diversities of opinions and for the establishing of consent touching true Religion put forth by the Queens authority and shall bring from such Bishop or Guardian of spiritualties in writing under his seale authentick a testimoniall of such assent and subscription and openly on some Sunday in the time of some publique service afternoone in every Church where by reason of any Ecclesiasticall living he ought to attend read both the said testimonial and the said Articles upon pain that every such person which shall not before the said Feast doe as is above appointed shall be b b Cook l. 6. fo 29. ipso facto deprived and all his Ecclesiasticall promotions shall be void as if he then were naturally dead And that if any person Ecclesiasticall or which shall have Ecclesiasticall living shall advisedly maintaine or affirme any doctrine directly contrary or repugnant to any of the said Articles and being convented before the Bishop of the Diocesse or the Ordinary or before the Queens Highnesse Commissioners in causes Ecclesiasticall shall persist therein or not revoke his error or after such revocation eftsoones affirme such untrue doctrine such maintaining or affirming and persisting or such eftsoon affirming shall be just cause to deprive such person of his Ecclesiasticall promotions And it shall be lawfull to the Bishop of the Diocesse or the Ordinary or the said Commissioners to deprive such persons so persisting or lawfully convicted of such eftsoones affirming and upon such sentence of deprivation pronounced he shall be indeed deprived And that no person shall hereafter be admitted to any Benefice with Cure except he then be of the age of three and twentie years at the least and a Deacon and shall first have subscribed the said Articles in presence of the Ordinary and publikely read the same in the Parish Church of that benefice with declaration of his unfained assent to the same And that every person after the end of this Session of Parliament to be admitted to a benefice with Cure except that within two moneths after his induction he doe publiquely read the said Articles in the same Church whereof he shall have Cure in the time of Common Prayer there with declaration of his unfeined assent thereto and be admitted to minister the Sacrament within one yeare after his induction if he be not so admitted before shall be upon every such default ipso facto immediately deprived And that no person now permitted by any dispensation or otherwise shall retain any Benefice with cure being under the age of one and twenty years or not being Deacon at the least or which shall not be admitted as is aforesaid within one year next after the making of this act or within six moneths after he shall accomplish the age of 24. yeares on pain that such his dispensation shall be meerly void And that none shall be made Minister or admitted to preach or administer the Sacraments being under the age of 24. years nor unlesse he first bring to the Bishop of that Diocesse from men known to the Bishop to be of sound Religion a Testimoniall both of his honest life and of his professing the doctrine expressed in the said Articles nor unlesse he be able to answer and render to the Ordinary an accompt of his faith in Latine according to the said Articles or have speciall gift and ability to be a Preacher nor shall be admitted to the order of Deacon or Ministry unlesse he shall first subscribe to the said Articles And that none hereafter shall be admitted to any Benifice with Cure of or about the value of thirty pounds yearly in the Queens Books unlesse he shall then be a Batchelour of Divinity or a Preacher lawfully allowed by some Bishop within this Realme or by one of the Universities of Cambridge or Oxford And that all admissions to Benefices Institutions and inductions to be made of any person contrary to the forme or any provision of this Act and all tolerations dispensations qualifications and licences whatsoever to be made to the contrary hereof shall be meerly void in law as if they never were Provided alway that no title to conferre or present by a a Dyer fo 377. 346. 369. Co. ll 6. fo 29. lapse shall accrue upon any deprivation ipso facto but after six moneths after notiec of such deprivation given by the Ordinary to the Patron The 1. of Iames Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court FOrasmuch as all exactions extortions and corruptions are odious and prohibited in all well governed Common-weales Be it inacted that no person to whom any order or cause shall be committed or referred by any of the Kings Iudges or Courts at Westminster or any

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

them and the said agreement or opinion of the greater part of the said Iustices and Barons and the said Iudgement given against the said IOHN HAMPDEN were and are contrary to and against the Lawes and Statutes of this Realm the right of property the liberty of the Subiects former resolutions in Parliament and the PETITION OF RIGHT made in the third yeare of the Reign of his Maiestie that now is And it is further declared and enacted by the authority aforesaid That all and every the Particulars prayed or desired in the said PETITION OF RIGHT shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same PETITION THEY ARE PRAYED AND EXPRESSED and that all and every the Records and Remembrances of all and every the Iudgement Inrolements Entry and proceedings as aforesaid and all and every the proceedings whatsoever upon or by pretixt or colour of any of the said Writs commonly called Shipwrits and all and every the Dependents on any of them shall be deemed and adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgement Inrolments Entryes Proceedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated Anno XVII Caroli Regis An Act for the prevention of vexatious proceedings touching the Order of Knighthood VVHereas upon pretext of an antient custome or usage of this Realm of England That men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seising had so continued by the space of three years next past might be compelled by the Kings writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Severall Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appeare in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Vpon returne of which writs and transmitting the same with their Returns into the Court of Exchequer and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons many of which were altogether unfit in regard either of estate or quality to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Processe and vexations And whereas its most apparent that all and every such proceedings in regard of the matter therein pretended is altogether uselesse and unreasonable May it therefore please your most Excellent Maiestie that it be by authority of Parliament declared and enacted And be it declared and enacted by the Kings most excellent Maiestie and the Lords and Commons in this Parliament assembled and by the authority of the same That from henceforth no person or persons of what condition quality estate or degree so ever shall at any time be distrained or otherwise compelled by any writ or processe of the Court of Chancery or Court of Exchequer or otherwise by any meanes whatsoever to receive or take upon him or them respectively the Order or Dignity of KNIGHTHOOD nor shall suffer or undergoe any fine trouble or molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said order or dignity And that all and every Writ or Processe whatsoever and all and every proceeding which shall hereafter be had or made contrary to the intent of this Act shall be deemed and adiudged to be utterly void and that all and every Processe proceeding and Charge now depending by reason or colour of the said pretended custome or writs aforesaid or of any the dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the Contrary in any wise notwithstanding I shall conclude this collection at present with the Bill of Attainder past against Thomas Earl of Strafford this present Parliament as I find it printed in the 303. pag. of a book printed for Will. Cook at Furnifalls Inne gate in Holbourne 1641. called Speeches and Passages of this Parliament from the 3. Novemb. 1640. to this instant Inne 1641. which thus followeth The Bill of Atainder that passed against Thomas Earle of STRAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earle of Strafford of high Treason for endeavouring to subvert the Antient and Fundamentall Lawes and Government of his Maiesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a tyrannous and exhorbitant power over and against the Lawes of the said Kingdomes over the Liberties Estates and Lives of his Maiesties Subiects and likewise for having by his own authority commanded the laying and asseising of Soldiers upon his Subiects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon paper Petitions in causes between party and party which accordingly was executed upon divers of his Maiesties Subiects in a warlike manner within the said Realm of Ireland and in so doing did LEVIE WARRE against the Kings Maiestie and his liege people in that Kingdome And also for that he upon the unhappie Dissolution of the last Parliament did slander the House of Commons to his Maiestie and did councell and advise his Maiestie that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdome for which he deserves to undergoe the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earle upon his impeachment Be it therefore enacted by the Kings most Excellent Maiesty and by the Lords and Commons in this present Parliament and by authority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adiudged and attainted of high Treason and shall suffer such pain 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

protection of the Law and ought not to be condemned unheard neither agreeth it with the honour and justice of this Court to deny Councell to plead and open their Clyents cases as was done in your petitioners case which your petitioner hopes you will rectifie and alow his Councel to be reheard and to set forth the sufficiencie in Law of his Plea and Answer whereby your petitioner may not have cause or occasion to Appeale from this Court or complaine of you to the Parliament for obstructing of Justice which if your petitioner receive not timely redresse and reliefe in the Promises he must be constrained to do That without ever any order or further processe serving the said Mr. Hoyle for want of further answer hath prosecuted severall processes of contempts against your petitioner and threatned to lay your petitioner in Goale upon a Commssion of Rebellion for the same and hath served your petitioner with a Subpena for forty shillings cost upon your petitioners first plea and answer which Mr. Hoyle will without doubt do if your honour give not present order for stay of further proceedings upon the said last Subpena and processe of contempt already taken out against your petitioner Your Petitioner therefore humbly prayeth that you wil be pleased for the love and honour of justice and removeing the cause of your petitioners appeale from this Court and complaining of you that you will give direction for stay of the said cost and proceedings upon the said processes of contempts against your petitioner and that you wil declare and order that your Petitioners councel may be reheard without check or offence and allowed freely to shew out to the Court the sufficiencie in Law of your petitioners plea and answer to the end there may not be a failer of justice through you and your petitioner left without relief or remedy by being denied to be heard upon the mirit and equity of his cause according to Law which in the worst of times by the worst Iudges was never done to any either in the case of ship-money or any other cause as Burton Prinn and Bastwicks cases all which your petitioner refereth to your honourable consideration And prayeth as before he hath prayed c. William Browne To the right honourable the Commmons assembled in Parliament the humble petition of Will. Brown of Stepney alias Steben heath in the County of Midlesex SHEWETH THat Josua Hoyle Vicar of the parish of Stepney aforesaid in Michaelmas terme last exhibited his bill in the Court of exchequer against your petitioner and divers other parishioners there for substraction of tythes to which bill your petitioner by his learned councell pleaded and answered the same terme but the said Mr. Hoyle obtained an order from that Court for your petitioner to shew cause why his plea and answer should not be taken of the file as scandalous That your petitioner according to the order of that Court the 18. May last by his counsell Mr. NORBERY and Mr. KING offered to the Court to maintaine his said plea and answer to be good and sufficient in Law but Baron Atkins one of the Barons of that Court would not suffer your petitioners councel to open your petitioners cause in a threatning manner telling them that the Councellour who subscribed your petitioners Plea and answer should never be allowed in that Court and if they meaning Mr. NORBERY and Mr. KING or any other Councellour did appeare in any such cause they should never againe plead in that Court and so your petitioners said councell were overawed and silenced that without further heareing or debate the Court adjudged your petitioners plea and answer scandalous and futher ordered Mr. Fage who signed the same his hand should never be allowed to any pleadings in that Court and your petitioner to pay forty shillings cost to Mr. Hoyle as by the order in the Court in that cause will appeare which doing of the said Baron Atkins and the said last recited Order are contrary to the rule of justice and the great Charter of Liberty wherein it is said Iustice and Right shall de denied to no man That the said Mr. Hoyle since without ever serving the said Order upon your Petitioner having procured severall processes of contempts against him for want of further answer and served him with a Subpena for the 40. s. cost your petitioner thereupon having petitioned the Barons of that Court for justice and to have libertie to shew forth to the Court the sufficiencie in law of the said plea and answer which Mr. NORBERY and Mr. KING had before undertaken to your petitioner to doe and offered to the Court if they might have been heard as they were not to have maintained for good and sufficient in law which petition hereunto annexed Baron Trevers having read and acquainted his Brother Atkins with the contents thereof Baron Atkins replyed and said let Brown complain if he will I have done him justice his businesse shall be no more heard And thus your Petitioner being deprived and destitute of all meanes of obtaining right and justice in that Court is constrained for his own safetie to forsake his own house and familie and live as an exile and fugitive Mr. Hoyle threatning to cast him into prison upon the said Barons Order which doubtlesse he will doe to your petitioners undoing unlesse your petitioner be protected by the justice of this honourable house That your petitioner hath largely and many wayes manifested his good affection to the Parliament in his free and voluntary gifts and contributions over and above his abilitie and by his ready payment of all taxes and assessements having long voluntarily served the Parliament in this war against the enemy to the often endangering his life and the much impoverishing his estate having lost 16. Horses in the Parliaments service for which he hath not had one penny satisfaction besides almost 200. l. due to him in Arrears for his service as a Wagoner That as your Petitioner is informed Mr. Hoyle by law cannot sue your petitioner in any Court for substraction of Tyths then in the Court Christian so called * * 2. 3. Ed. 6. 13. Coo. li. 2. fol. 43. the same being now taken away by authority of Parliament * * See the act of the 17. of C.R. for abolution of Ecclesiastical jurisdiction And so Mr. Hoyle if in case the same were due as they are not he hath no meanes or the recovery of the same but by the Ordinance of this present Parliament which your petitioner did never oppose whensoever the said Mr. Hoyle did take your petitioners goods upon the same as sometimes he did amounting to a considerable value Your Petitioner therefore humbly prayeth this honourable House will be pleased to take your Petitioner under protection to stay the contempts and illegall proceedings of Mr. Hoyle in that Court against your petitioner and to call the said Barons of the Exchequer and in particular Baron

25. Ed. 3.4 28. Ed. 3.3 And whereas no offender of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the lawes and Statutes of this your Realme Neverthelesse of late divers Commissions under your Maiesties great Seale have issued forth by which certaine persons have been assigned and appointed Commissioners with power and authority to proceed within the land according to the iustice of MARTIALL LAW against such Soldiers and Marriners or other diss●lute persons ioyning with them as should commit any MVRDER ROBBERIE FELONIE MVTINIE or OTHER outrage or misdemeanor whatsoever and by such summarie course and order as is agreeable to Martiall Law and as is used in Armies in time of Warre to proceed to the tryall and condemnation of such offendors and them to cause to be executed and put to death according to the Law Martial By pretixt wherof your Maiesties Subiects have bin by some of the said C●●mission put to death when and where if by the lawes and Statutes of the land they had deserved death by the same lawes and Statutes also they might and by no OTHER ought to have been been iudged and executed † † Yet it is very observable that at the very time when this Martiall Law complained of was executed the King had warres with France a forraign enemie but there is no such thing now and therefore the Army or the grand Officers thereof have not the least shadow or pretence to execute it in the least or to deale with me a free Commoner as they haue done And also sundry grievous offendors by colour thereof claiming an exemption have escaped the punishment 〈◊〉 to them by the lawes and Statutes of this your Realm by reason that divers of your Officers and Ministers of Justice have uniustly refused or forborn to proceed against such offenders according to the same laws and statutes upon 〈◊〉 that the said offendors were publi●able only by Martiall Law and by authority of such Commissioners as aforesaid Which Commissions AND ALL OTHER OF L●●E NATVRE are wholly and directly contrary to the fall lawes and Statutes of this your Realm Therefore Sin if you have any cat● of your own heads and lives though you have none of the Liberties and Freedomes of England I againe as a friend advise you to take heed what you doe unto me any further in your illegall arbitrary and tyrannicall way that hitherto you have proceeded with me● for I largely understand that Canterbury and Strafford were this Parliament questioned for their arbitrary and tyrannicall actions that they did and acted many years before and the Lord Keepers Finch was by this Parliament questioned for actions that he did when he was Speaker of the House of Commons in the third of the present King An. 1628. and forced to flie to save his head In the second place I answer that if since the warres ended it was or could be judged lawfull for your Excellencie and your Councell of Warre to execute Marshall Law yet you have divested your self of that power upon the 4. and 5. of June last at New market Heath you owned the Souldiers and joyned with them when they were put out of the States protection and declared enemies and further associated with them by a mutuall solemn ingagement as they were a Company of free Commoners of England to stand with them according to the Law of Nature and Nations * * See the late Plea for the Agents printed before pag. 42 43 44. to recover your own and all the peoples Rights and Liberties the words are these We the Officers and Soldiers of the Army subscribing hereunto doe hereby declare agree and promise to and with each other that we shall not willingly disband nor divide nor suffer our selves to be disbandad nor divided untill we have security that we as private men or other the free borne people of England shall not remain subiect to the like oppression iniury or abuse as have been attempted † † See the ingagement in the Armies book of Decl. pag. 24 25. 26 27. Hereby it appeares that from this time you and the Souldiery kept in a body and so were an Army not by the States or Parliaments will but by a mutuall Agreement amongst all the Soldiers and consequently not being an Armie by the Parliaments wills they were not under those rules of Martiall Government which were given by the will of the Parliament and your Excellency could no longer exercise any such power over them as was allowed you by those Martiall lawes nay the Soldiers keeping in a body and continuing an Army only by mutuall consent did by their mutuall Agreement or Ingagement constitute a new kind of Councell whereby they would be governed in their prosecution of those ends for which they associated and made every Officer incapable of being in that Councell which did not associate with them in that Ingagement The words of the Agreement or Ingagement are these we doe hereby declare agree and promise to and with each other that we shall not willingly disband nor divide nor suffer ourselves to be disbanded or divided without satisfaction in relation to our grievances and desires heretofore presented and securitie that we as private men or other the free-born people of England shall not remain subject to the like oppression and injury as hath been attempted and this satisfaction and security to be such as shall be agreed unto by a councell to consist of those generall Officers of the Army who have concurred with the Armie in the premises with two Commission Officers and TWO SOVLDIERS to be chosen for each Regiment who have concurred and shall concurre with us in the premises and in this Agreement So that your Excellency is so farre from having a power to exercise the old Martiall Discipline that you would have been no Officer or Member of the Councell appointed to governe them unlesse you had associated with them and by that Association or mutuall Ingagement the Soldiers were so far from allowing to their Generall who ever it should have been for at that time it was uncertaine the power of exercising the old Martiall D●scipline that according to the Ingagement no Officer or Soldier can be rightly cashiered unlesse it be by the Councell constituted by that Engagement so that your Excellency by your owne Engagement have put a period to your power of exercising your old Martiall Discipline and whatsoever D●scipline shall appeare to the Army to be necessary must be constituted by the mutuall consent of the Army or their representatives unlesse you and they will disclaim the Engagement at New market and those principles upon which you then stood * * And if you do what are you better then a company of Rebels Traytors to the Parliament for your then opposing their power authority orders and ordinances and yeeld up your selves to the Parliaments pleasure as their hirelings to serve their