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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66820	The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.; High court of justice	Walker, Clement, 1595-1651.; Andrews, Eusebius, d. 1650.	1651 (1651)	Wing W324D; ESTC R203985	41,776	78

remonstr. Sep 1642. 1. Part. of the Book of Declarations fol. 693. highly resented it And Magna Charta being nothing else but an affirmation of the common Law inserted this Clause or by the Law of the Land as a speciall caution not to annihilate or frustrate no not so much as tacitely or by preterition any of the said Fundamentall Lawes or Customes nor any other particular lawfull Customes which are not one and the same in all parts of England Witnes the Custom of Savelkind in Kent I have told you what our known auncient Legall Courts of Justice doe And I must tell you that Legall formes and set Modes of proceedings are so essentiall unto Justice that without them we cannot measure the Rectitude or obliquity of justice or injustice where they do not chalke forth the way both Judges Lawyers Officers Atturneys will tread what subtle obscure paths they please usurpe an Arbitrary power and latitude to prevaricate so far corrupt work the Law to their sence that they will rather Leges dare then Leges dicere so that what is Law in one mans case shall not be so in another mans They will so intricate and intangle causes that every case shall be Casus pro amico as Civilians call it when upon full hearing The Merits of the cause appear so equall and undistinguishable on both parts that the Iudge may according to his discretion look upon the Merits of the Persons only and give the cause Pauperiori via Charitatis or digniori ratione virtutis Justice not fixed by formalities wil become such a vagrant that no man shal know where to find her Let us now see what our new shambles out upstart High Court doth Which in this worke of Reformation and Destruction so much abhors superstition and ceremonies and stickes so close to a summary way of proceeding that they have not onely stripped but flead her as their Masters the Parliament not only fleece but flea the People In lieu of a Bill of Presentment by a Grande Enquest the pretended Parliament or Counsel of State send a List of such Persons names as they have proscribed And set a Nigrum Theta upon as men dangerous to their designed interest to the Masters of their Slaughter-house The said High Court together with such Depositions as they have taken in corners against the Prisoners and this is such a fore judging of them that the said Court neither will not dare acquit whom their Masters and pay-Masters have precondemned Next Articles of Impeachment in nature of a charge are drawn up against the Prisoner although such Articles are nothing in Law which regards only a Bill of Inditement Then the Prisoner after a close Imprisonment for he knows not what upon two dayes warning is led to the Bar where the first worke is to dazle his eyes amase and distract his judgement and memory with the terror of their souldiers the Numerousnesse high affronting words and looks of his Judges having thus mortified the Prisoner he is commanded to hear his charge read and bid plead to it Guilty or not Guilty If he own their jurisdiction and plead the said General Plea they have him where they would have him they never ask him how he wil be tried Whether by God and his Country for God hath no hand in these proceedings nor amongst such Judges and this rod of Iron is provided to bruise his Country as well as himselfe Lieutenant Col. Lilbornes Triall hath taught them That it is an easier Matter for them to packe a Butcher Row of confiding partiall Judges then a Jury who are liable to be challenged if suspected of partiality When Col. Andrewes claimed to be tried legally as a Freeman by a Jury and vouched Great Charter and many other Statutes whereof see his aforesaid three Answers that sneaking Blood-sucker illitterate Keeble answered Those Statutes were out of date now meaning they were taken away by conquest So that this shamble Row of Judges take upon them to be both Judges of the Law without acknowledging the Fundamentall Lawes of the Land or taking any Oath of Indifferency to the People Triors of the Fact or Jurates of life and Death without being sworne to find according to Evidence as well as Parties and Prosecutors Theeves upon the high way may as justly arraigne a true man before them because he brought no money in his purse offered to draw his sword and hid his money about him in contempt of their jurisdiction and Authority and condemne him upon such a mock Trial mummery or enterlude of Justice as these Fellowes If they allow him counsell his Counsell must apprehend the minds of his Iudges at his perill and not be so faithfull and diligent as to helpe his client in earnest Least the Counsell of State or some other power whose will is a Law interpose and banish him 20. miles from London as they did Master Sprat Sr Iohn Gells Sollicitor before Sr Iohns businesse was ended whereby Sr Iohns was left destitute of means to follow his busines himself being close Prisoner If they permit any witnes to speak on the prisoners part He coms at his perill Sr Iohn Gells first witnes was so baffled in Court that the rest stole away durst not appeare I have not heard whether they give any Copy of their Articles of Impeachment to the Prisoner for they cover all their doing with such a Plaguy Egyptian D●●knes that we cannot see a glimpse of light or whether they goe a Star Chamber way and make him Answer Ore tenus and ex tempore for his life and Estate But if they give him any copy or any time to answer it is not above four or five dayes or a weeke nor do they allow him Counsell or any other Cleering of the way to his defence untill he have ensnared himselfe by owning their jurisdiction and pleaded the generall Plea Not Guilty If he plead not an issuable Plea and yeeld to their jurisdiction quitting all benefit of the Law Legal proceedings the Razor is at his throat they thirst after his Blood they presently sentence him guilty of contumacy take it pro confesso And if he do submit plead His plea wil have the operation but of a psaelm of Mercy prolonging his life but for a short time in the interim Keeble his Court plays with him as a Cat doth with a Mouse and then devours him For no man is sent to this Court to be tried but to be condemned In hac arena dimicatur sine missione Herein they shew themselves much more tirannous bloody then the Duke D' Alva when he erected his said counsel of Troubles called Concilium Sanguinis or the bloody conventicle as this wil shortly be For saith Strada Declar. 1 lib. 7. Procurator regius menses 4. Conficiendae Accusationi accipiens sibi 5 Concedebat ad Defensionemreis Egmontio Hornano c The Kings Attorney tooke four Months time to draw up the

THE HIGH COVRT OF JUSTICE OR CROMWELLS New Slaughter-house in ENGLAND With the Authoritie that constituted and ordained it Arraigned Convicted and Condemned for Usurpation Treason Tyrannie Theft and Murder Being the III. Part of the Historie of Independencie written by the same Author Printed Anno Dom. 1651. The History of INDEPENDENCIE THat every thing is kept and maintained by the same wayes and means it was got and obtained is a rule true both in Philosophy and Policy And therefore Dominion gotten by fraud and force must by fraud and force be preserved Things impiously got must be impiously kept When usurped Tiranny layes its foundation in bloud the whole Superstruction must be built with Morter tempered with bloud One Sin must defend and make good another And hence ariseth a Necessity upon Ambitious men to flanck and fortify one Crime with another But to pleade this Necessity which they have so willfully drawne upon themselves in justification of their wicked Courses To expect submission Obedience and an equall Engagement from men uninterressed therein and to intitle the Divine Providence and unrevealed will of God thereto in opposition to his will revealed and declared in the Scriptures as is now a dayes used is to accuse the Holy Ghost of our Sinnes and an hipocrisie so impudently sinfull and damnable that I doubt no age but this the Dregs and lees of time ever gave an example of the like TO illustrate my first Maxime by some forreine Examples before I lay the Bastard at our own doors Sylla at Rome by the power of the Sword proclaimed or voted himself Dictator to make good which usurpation with a Maske of Authority he compelled the Senate or Parliament to approve of all his fore passed villanies Murders and illegal Actes and to conferre a power upon him To kill whom he pleased and confiscate their Estates To build and destroy Cities Dispose Kingdomes And exercise an Arbitrary Supreme Authority and then to establish himselfe in his selfe-created power he posted up as Rome and in most Cities of Italy Bills of Proscription or Outlawry conteining the names of such persons as without any forme of Lawe or Justice he appointed to be slain by his Souldiers These Proscribed men were for the most part such as having some Sparkes of Roman virtue in them durst love the Auntient Government Lawes and Liberties of Rome and were therefore thought fit to be weeded out as Malignants against his Innovations and Arbitrary courses Yet many meane spirited fellowes were proscribed and murdered partly for confiscation of their Estates and partly to gratify the Malice and hatred of particular friends who in that carriage praid in aid of Syllas sword to ridd them of their Enemies After this Augustus Caesar at Rome having by terror of Arms made himself Consul and finding himself not strong enough fingly to subjugate his Country he called Antonius Lepidus to joine with him with whom entering into confederacy to subvert the Fundamental Government and usurpe the Supreme Authority They divide that vaste Empire betweene them and passed a Decree amongst themselves That they should be called the Triumvirate for Reforming and Reestablishing the Common-wealth well enough before if they had let it alone with Supreme Authority to give Estates and Offices to whom they thought fit without asking the advise of Senate or People They appointed what Consuls Magistrates and Officers they pleased They designed rich donatives and 18 of the chief Cities of Italy to be given to their Souldiers if by their valor they should obteine victory over Brutus and Cassius They fixed publike listes or Tables of Proscription naming such Persons as they exposed to slaughter They Proscribed at one time 130 Senators at another time 150 and 2000 Knights Whereby the best men for understanding conduct Resolution and Affection being cut off the rest terrified by their example became but Terra Maledicta as Chymickes call it dull liveles Ashes or clods of earth without power or virtue to quicken them or make them productive After some revolutions wherein Augustus and Antonius had discarded the dull and stupid Lepidus and at last Augustus had subdued Antonius Augustus usurped the Title of Tribune of the people whereby his Person became sacred and inviolable and humouring the irrational Animals tooke upon him the especial Protection of that Brutish heard the Rascall multitude The Tribunes of the People having bin originally instituted to protect the People His next step was to make himself Perpetual Dictator whereby he arrogated to himself a vaste unlimited power above all Laws The Tribuneship was his Buckler The Dictatorship was his Sword And last of all for Ornament only He having already the full power of an absolute Monarch although he forbore the Title of King because it was hatefull to the People and against the Laws ever since the Regifugium he took upon him the Title of Princeps Senatus or President of the Senate to keep a corresponding power over that great Counsell or Parliament And finally usurped the Title and Office of Imperator or Generalissimo of all forces by Land and Sea Garrisons c. Philippe King of Spain Lord of the 17 Belgike Provinces by several Titles and under several Limitations Priviledges Exemptions and Fundamentall Laws according to which he was to govern and they to obey Resolving to subvert the Fundamentall Lawes and Government and reduce those 17 Petty Signiories into one meere absolute Monarchy sent the Duke D'Alva thither a warrior of a resolute stern nature Governour with a powerfull Army Who taking advantage of some rude commotions formerly raised by the Protestants in throwing downe Images and sacrilegiously plundering Churches erected a New Tribunall Criminall or to speake in our modern uncowth language A High Court of Justice consisting of 12 Commissioners or Judges purposely chosen most of them hangers by of the Law of meane fortunes practise birth and breeding Covetous Ambitious and slavishly addicted to the Spanish faction To these was given by special Commission full power and Authority to inquire into and judge or to hear and determine the forepassed commotions whereupon they stiled this Court Concilium Turbarum but the multitude called it Concilium Sanguinis or the Bloudy Conventicle This Counsel or Inquisition did supersede and extingnish the Authority of all other Courts of Iudicature and make void all Lawes Constitutions Jurisdictions and Priviledges of the Nation as to the aforesaid commotions and all other causes they pleased to call high Treason They had no other boundes nor limit i● their proceedings then what they prefixed to themselves in certain Articles Some few whereof I will here present unto my Reader because they judged of high Treason by those Articles not by the known Laws of the Land a thing very observable and applicable to my purpose so that they were not onely Judges Leges dicere but also Law-makers Leges dare as all Judges are who take upon them a lioertie to observe no set forms of

Charge or Accusation and gave five Months time to the Respondents to make their defence And had he given lesse then five Months time To Instruct Counsell Pen their Answers produce and summon witnesses inquire into the lives conversation of their Accusors his feet had been swift to shed blood Nulla unquam de morte hominis cunctatio longa est But our Inquisitors take whole years to themselves to hunt for Matter of Accusation and hire and engage witnesses against men kept in ignorance and want with close imprisonment and allow not them so many dayes to make their Defence All manner of Accusors and witnesses though apparently suborned and forsworn in the same cause and proofes without exceptions offered to the Court that they are of infamous life and conversation are in this Court the Object of whose desires are blood and Confiscations not Iustice lawfull witnesses such witnesses were the said Bernard and Pits Monsters of man See Sir John Gels case stated Printed about August 1650. To Cite any antient known Laws or Statutes or any other then their own new coined Acts passed by this 8. Part of a House of Commons since they became elect Members chosen by Thomas Pride is to incur the High Indignation of the Court expressed abundantly in their words looks But to put them in minde of the Parliaments many Declarations to maintain the ancient known Laws Liberties and Properties of the people is to scandall the present Government and incur the Censure of that unknown mysterious Crime which knaves call Malignancy The witnesses and Judges being thus irrefragable the first may swear what they will the second may judge what they will since they are left at large and have all things in scrinio pectoris and Book Law must give place to Bench Law The Jurisdiction and Authority of this New unparalelled Court is such a Mistery of iniquity so unscrutable and unquestionable that if a prisoner scruple in the least either it or any of the uncouth proceedings of it it is a Mortall sin to him and he is presently interrupted and affronted both with disdainfull words and looks And told We are satisfied with our Authority that are your Judges so are Thieves upon the High way satisfied with their Authority that rob and murther us by Gods Providence and permission It is upon Gods Authority and the Kingdoms yet what they do is against the will of God revealed in his Scriptures and against the known established Laws Statutes and continual Practise of the Kingdome Which Authority commands you in the name of the People of England to answer them Yet at lest 9. parts of 10. of the people so much abhorre these and other their Practises that every mans mouth speakes against them with bitter curses and reproaches to restrain which they have minted Acts of New Treasons to make men Offenders nay Traitors even for bare words and erected this bloudy illegall Theater The High Court so called for its High Injustice as a Spanish Inquisition over them every mans hand would be about their ears did they not keep an Army of Janisaries to suppresse them Their Authority they do avow to the whole World that the whole Kingdom are to rest satisfied therewith You see here a Whip and a Bell provided to keep the whole Kingdom in aw the declared Supreme power of their Soveraign Lord the people must resign their known Laws to their Trustees their Representatives in parliament and take new Laws from their Arbitrary Votes or wo be to their Necks and Shouldiers I must interrupt you what you do is not agreeable to the Proceedings of any Court of Justice You are about to enter into Argument and dispute concerning the Authority of this Court before whom you appeare as a prisonner you may not dispute the Authority of this Court nor will any Court give way to it you are to submit to it It is not safe to confute a lye told with Authority Yet if a man be Endicted of Treason or Felony in the Court of Common Pleas a man may Demurre to and dispute the Jurisdiction of that Court because it is not in Criminall Causes Competens Forum nor the Judges Compentent Judges every man and every cause must be tried Suo Foro non Alieno 80 if a Peer be Arraigned in the Kings Bench And for this upstart unpresidented High Court it is no Court of Judicature at all as being erected without lawful Authority Consisting of Incompetent Judges no Records belonging to it and tending to disinherit and disfranchise all the People of England and to murder them You may not dispute the Jurisdiction of the Supreme and Highest Authority of England from which there is no Appeal The Votes of the Commons of England assembled in Parliament is the Reason of the Kingdome Oh Brutish irrational Kingdome Where 40. or 50. Anabaptisticall Members the Dregs and Lees of the House of Commons after all the best and sincerest 7. parts of 8. had been racked and purged out at the Bunghole by Cromwell the Brewer and Pride his Drayman shall be called the Reason and Law of the Land This confirms the truth of what King Charls the I. Objected to the Parliament whereof I have formerly spoken That they disposed of the Subjects Lives and Fortunes by their own Votes against the known Laws of the Land But that there should be no Appeal to their declared Soveraign Lord the people from their subordinate Trustees in Parliament is wonderfull Considering that in all Governments The last Appeal is ever to the Highest and most Absolute power But it may be they will be the Peoples Trustees in spight of their Teeth and by the power of the Sword and so free themselves from rendring any account of their Stewardship You may not Demurre to the Jurisdiction of the Court If you do they let you know that they over rule your Demerrer and affirm their own Jurisdiction Reason is not to be he heard against the Highest Jurisdiction the Commons of England make a direct positive Answer either by denying or confessing and put in immediately an issuable Plea Guilty or Not Guilty of the Charge or we will record your Default and contumacy and by an implicite confession take you guilty pro confesso immediately give judgment against you This as I told you before is it that blanches the Deer into the Toile But God deliver us from that Jurisdiction that is too high to hear Reason and that over rules Demurrers before they be heard I have told you as much of the proceedings of this Court as the Novelty Obscurity uncertainty and confusion thereof will give me leave Let me now by way of overplus give you the great dangers and slavery that will be fall all sorts of People if they tamely and cowardly suffer themselves to be deprived of their auticent legal Tryals by Endictment and Juries of the Neighbour hood then which the whole world cannot boast of a more equall

of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act ● Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the

Let Parliaments leave all Causes to be measured by the golden and streightned wand of the Law and not the uncertaine and crooked corde of Discretion for it is not almost credible to foresee when any Maxime or Fundamental Law of the Land is altered what dangerous inconveniences will follow as appears by this unjust and strange Act 11. Hen. VII chap. 3. 5. This Parliament alwayes declared they bore Arms against the King in Defence of the Laws Liberties and properties of the people This way ran the whole current of their Declarations And they alwaies-reckoned Magna Charta the Petition of Right and Trials by ●uries the Chief and most Fundamental of all our Laws See their Remonstrance Therefore in their 7. Article against Strafford They charged him with High Treason for giving Judgments against mens Estates without Trials by Juries Much aggravated by Mr. St. Johns in his aforesaid Argument against Strafford And for the better preservation of Legall Trials by Juries it is provided in the Bill of Attainder of Strafford that the case of the same Earle should not be used as a President in succeeding times And in two of this Parliaments late Declarations 9 Febr. and 17. March 1648. The Parliament promiseth To preserve and keep the Fundamentall Laws of the Land for preservation of the lives Liberties Properties of the People with all things incident thereto Now to erect an Arbitrarie Lawles High Court to give Judgement against mens lives Estates and attain their blouds without Enditement found by a Grande Jury and a Triall by a Jury of 12 sworn men vicineto is a farr fouler breach of Trust in them against their Soveraign Lords the People then all they Charged the King withall and a farr Higher Act of Tyranny and Injustice then either the late King or Empson and Dudley or Strafford were accused of But if they alleage They do not put down Juries in Generall but onely in some particular mens cases upon Necessity I Answer That we are all born Freemen of England alike That our Auntient known Laws Lawes Courts and Trialls by Juries are our Inheritance equall alike to all And one Party or part of the People ought not to be disherited disfranchised or forejudged no more then another No man can be said guilty of any Crime untill he be legally convicted sentenced the Lawe must first go upon him condemn him Vbi lex non distinguit non est distinguendum If we do not live all under one Lawe and forme of Justice we are not all of one Common-wealth See the afore mentioned Gentlemans Argument against the Speciall Commission of the Court of York For Necessity Our present power is under none but the fears and terrors of their own guiltie consciences No apparence nor probability of any enemy by their own confession nor can they pleade in their excuse a Necessity which they have brought upon themselves I know some Kings have de facto used the Animadversion of the Sword to cut off such powerfull and dangerous Persons as could not safely be called to account by the Law so died Joab Adoniah c. For which the rule is Neminem adeo eminere debere ut Legibus interrogari nequeat qui Jus aequum ferre non potest in eum vim haud in justam fore No man ought to advance himself above the powers of the Law He that will not submit to equall Right if he be cut off by violence suffers no wrong But this is to be understood of the Eminency and greatnes of the Person not of the greatnes of the Crime whereof no man is to be forejudged because a great Crime may prove a great Calumny untill a Legall Triall have adjudged it But there is no Person in England so eminent for power or Authoritie but that the least of Bradshaws Ban-dogs can drive him to the Slaughter-house and make him offer his throat to Keeble Therefore Animadversio Gladii if at any time lawfull is now unlawfull To make great examples upon men of little power is great Injustice But the way of this Court is not Animadversio per Gladium It is a Mocking a Counterfeiting an Adulterating and Alchimisting of Justice it is to falsifie her waights and Ballance and steal her Sword to Commit Murder withall 6. By the knowne Lawes Matter of Fact is entrusted to the Jury Matter of Law to the Judges to prevent all Errors Combinations and Partiallities The Judges are sworn to do Justice according to the Lawe The Jury are sworne to finde according to their Evidence But in this High Court the Commissioners or Judges are all packed Confiding men chosen by and out of one Party to destroy all of a different Party They usurp the Office of Judges not being sworn to deal well and lawfully with the People as by the said Stat. 18. Edw. III. nor to do Justice according to the Lawe But onely to execute powers given by the said Act 26. March 1650. And they arrogate as Jury-men to be Triers of the Fact without being sworn To find according to Evidence So that they are Judges Juries and Parties and for ease of their tender Consciences without any Oath of Indifferencie A most excellent Compendium of Oppression They may go to the Devil for Injustice and not be forsworn Great is the Privilege of the Godly 7. The Prisoner may except against his Jurers either against the Array if the Sheriff or Baily impannelling the Jury be not wholly disingaged and Indifferent both to the cause and to the Parties Prosecuting and Prosecuted Or against the Poll he may Challenge 35 peremptorily and as many more as he can render Legal Cause of Challenge for As for defect of Estate or other Abilities or for Partiality Disaffection Engagement Infamy But this Array of jury-men-Jury-men-Judges A Medley so new we knowe not how to expresse it though picked and empannelled by an Engaged Remainder of the Commons and obnoxious to all exceptions must not be challenged their backs are too much galled to endure the least touch Take heed you scandall not the Court cries Master Atturney See Col. Andrewes 3 Answeres 8. Many Exceptions in a Legall Triall are allowed against Imperfections Uncertainties and Illegallities in the Bill of Enditement for the advantage of the Prisoner But no Exceptions are allowed against these Illegal Articles of Impeachement which are made uncertain intricate obscure and ambiguous purposely to pussle confound and entangle the Respondent 9. By the Lawe a Bill of Enditement must have two full and cleere lawfull witnesses to every considerable Matter of Fact both at finding the Bill and at the Triall Cookes 3. Instit. pag. 25. 26. And Probationes debent esse luce clariores Proofes must be as cleere as the Sun not grounded upon Inferences Presumptions Probabilities And the Prisoner must be Provablement Attainte saith the Stat. 25. Ed. III. chap. 2. Cookes 3. Instit. pag. 12. The word Atteinted shews he must be legally proceeded