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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25841	The Army's martyr, or, A more ful relation of the barbarous and illegal proceedings of the court-martiall at White-Hall upon Mr. Robert Lockier who was shot to death in Paul's church-yard upon the 27 day of April, 1649, and a brief narrative of the cause thereof : with his Christian carriage and deportment, and his dying speeches to all his fellow-souldiers at the time of his execution as an everlasting witnesse of his integrity to the rights and freedoms of the Common-Wealth.	Lockier, Robert, d. 1649.; Lilburne, John, 1614?-1657.; Overton, Richard, fl. 1646.	1649 (1649)	Wing A3714A; ESTC R24189	16,468	16

And for me to pray as long as you see me live that God would carry forth my heart as now you see me carried forth to which I answered I am overjoyed M Lockier to hear such expressions come from you in which I saw so much Religion as that it was for me a good pattern ●o learn by and not take upon me to instruct one so able as you are Lockier said The Lord stablish and strenthen you and fit you for his work And not onely you but all my dear friends to whom I desire you to commend me dearly to and for whom I shall pray while I breathe that God would enable them to stand up faithfully and couragiously for the good of their Country and Liberties And I pray you let not this death of mine be a discouragement but rather an incouragement for never man died more comfortably then I do And after he and I had embraced each other he spake a few words to the Officers and then he desired to speak with his Sister and Cousins but what passed betwixt them I know not And then I heard not what he said to them but from good hands of them that were close to him he said thus Fellow souldiers I am here brought to suffer in behalf of the People of England and for your Priviledges and Liberties and such as in conscience you ought to own and stand to But I perceive you are appointed by your Officers to murder me and I did not think that you had had such heathenish and barbarous principles in you as to obey your Officers in murthering of me when I stand up for nothing but what is for your good And then I heard Colonel Okey say with other Officers What do you endeavour to make the souldiers mutinie Martial away with him And setting him in the place where he was to suffer he pulled off his loose Jacket and Coat and Belt and gave them some to one and some to another and after that he went to prayer again in his shirt without his dublet and after prayer he stood in the place of execution and all this while with abundance of courage and undauntedness for when I desired him to put something upon his face and cover it he thanked me for my love but he said his cause was so just as that he feared not the face of death and therefore he stood looking with a gallant courage in their faces and then came up to the men that were to shoot him which were six Musketiers he lifted up his eyes to God and desired that when he gave them a signe they should shoot which was the lifting up of both his hands and immediately he lifting up his hands they all six shot off their Muskets and so died this gallant Heart M. Watson I asked him how it was with him in relation to his eternall condition and whether that which he had done was not out of passion and told him that he was to depart this life the hour of his death was very neer therefore I desired him if any thing lay upon his Spirit that he would declare it to me he replyed I have been a servant to them a long time and been faithfull I am burdened in my Spirit because of their unjust proceedings and for my condition at present I praise God it is well with me and I praise God out of obedience to God I have served my Country and for that I first ingaged I little thought that they would have proceeded so harsh against me to single me from the rest of my fellows the fault being one and the same not that I am sorry that I am singled out by my self for I am joyfull that I must dye to excuse them but I see their aime is at my blood and when they have it they may then be satisfied though that will give them little satisfaction as to righteousnesse yet I praise God I am fitted for it and have a witnesse from God that I have served my generation with uprightnesse so farre as I had understanding and seeing God hath been so pleased to dispose of me let it come and welcome death is nothing it stoppeth my progresse from sorrow to sorrow I am sure I have a smiling conscience within me and the love of the Father made out to me through the Son and for death I praise God I fear it not and so dear friend I leave thee to the disposall of the Almighty hoping to meet thee in word I meane in spirit though now we are divided by death I desire you would joyne in prayer with me which we did Mr. Bunting told him That he had heard very well of him that he was an honest consciencious man and that much of God appeared in him for which he was glad now he was appointed to die it was good for him to make preparation he having been one of the chief promoters of the late mutinie which might have occasioned the shedding of much bloud for which he was sentenced by the Councel of War to be shot and said that the Councel was very tender in their dealing towards them and that they desired not to shed bloud though there were 14 more guilty yet but him to die however his intention might be good yet a Mutinie being of such an high nature could be adjudged no lesse then death Ans Sir I am condemned or brought here to dye I bless my God I can freely submit unto it having learned to look death in the face hoping by the merits of the Lord Jesus to have life and salvation I have done nothing whereof I am accused I am sentenced as I think by their sixt Article to suffer An Officer then stept in and said that he did before the Councel acknowledge that he was the chief of the mutinie which mutinie deserved death which presently was denied saying that he was no more concerned then the rest and for them to take away his life was very partiall and unjust but I pray God forgive them and us all our sins that it be not laid to their charge I am sure their dealings with me is bloody for them to take away my life for a supposed crime for that which might happen besides I never went forth to uphold a Martiall Law to be executed in a time of peace it being too cruel for any freeborn Englishman to live under I went voluntarily forth being invited by declarations of Parliament to stand by them in the defence of the just rights and freedoms of this Nation for which I have engaged my life and for the freedoms and liberties of the people I now suffer An Officer steps in and said it was in your own choice you might have left the Army if you would for why should you continue under the power of it and not to obey Ans I am sure I have been faithful I never betray'd my trust Severall of the Officers desiring him to retire if possible they might disturbe him it may

be he would be private the time is but short therefore think of death I bless the Lord I can willingly submit to dye he then withdrew for a while and prayed and came again discoursing a little with the Officers called for his Sister and Friends there came to the Souldiers that were to shoot him and said I freely forgive you and all the world I pray sister forgive them I am sorry to see that you should be brought to obey your officers to murther me for you stand as if you were the men appointed to murder me I pray God forgive you I doe Whereupon the Officers thrust him away and said he would make a mutinie among the Souldiers take him away so being not permitted to speak to them they shot him c. saying they were sorry to see him dye so A mutineer he lived and so he died But as he was honorable in his life and at his Death so he was as honorably buried to the trouble of many of his enemies who could have been contented to have his memoriall to be buried in oblivion that their wickednesse might not be had in remembrance But I beleeve he did not so much offend them in his life but his death shall be a greater terrour to them in crying for vengeance on their heads the guilt of whose blood doth trouble many of them already as I hear However he is gone to his grave in peace with confidence in Gods love tto him through Jesus Christ where he shall rest in his grave and at last stand up in his Lott having his Portion amongst the Just and crowned with the loving kindnesses and enjoyment of God To his Excellency THOMAS Lord FAIRFAX Generall of the English Forces The humble addresses of divers well affected persons in behalfe of all those that are under restraint or censure of the Councel of War or Law-Martiall May it please your Excellency FOrasmuch as the Petition of Right and other the known Laws of the Land do expresly provide against the exercise of Martiall Law upon Souldiers or others in times of peace all Courts of Justice being open and that the deprivation of life thereby in such times hath been adjudged in Law no lesse then murther And forasmuch as you have declared to all the world That the Army under Your Excellency's Command was not a meer mercinary Army hired to serve the Arbitrary ends of a State but that they took up arms in judgement and conscience for your own and the Peoples just Rights the principall whereof are contained in the foresaid Laws and Petition of Right And finding neverthelesse those our undoubted Liberties never more encroached upon by the Military power and Law-Martial Souldiers and others of late being frequently seized restrained and adjudged to death and to reproachfull punishments without any regard to the Law of the Land and tryall of twelve sworne men of the neighbourhood as is manifest in your present proceedings against those Souldiers and others now under restraint and censure of the Councell of war Hereupon we conceive our selves bound in conscience in behalf of the Liberties of the people of England to intreat and claim the benefit of those Liberties contained in the Petition of Right and other the good Lawes of this Land and that all persons now under restraint or censure of the Councel of War or Martiall Law may be remitted to the tryall of twelve sworn men of the neighbourhood and be proceeded against by due processe of Law which I humbly conceive your Excellency and the whole army are both by Law and your many Declarations engaged to perform and whereby only you will render your self acceptable to the present and honorable to future Generations Robert Shaw Thomas Moulson George Atkinson Thomas Hawes Thomas Frisbe Walter Allen. Aprill 27. 1649. M. Robert Shaw and the rest went with this Petition after that came to White-hall there related to the prisoners what they had done in the business then M. Atkinson addressed himself at M. Lockiers request to the Marshall General acquainted him with the particular carriage in the business how they had drawn up a Petition to the General and did desire he would stay till they had an Answer He replyed that if so they should wait upon the Generall for an answer and meet him at Pauls for there he was appointed to suffer And to that end Mr. Shaw Mr. Atkinson and others went to the Generall whom they found at Grays Inn in Sir Thomas Withringtons Lodgings and with much adoe were admitted to speak with him Unto whom Mr. Atkins spake to this effect May it please your Excellency We are come in the behalf of a poor distressed man that is appointed this day and almost ready to die in whose behalf we only desire your Excellency be pleased to pardon or but to reprieve him till to morrow And we are the rather incouraged thereunto by Reason of your wonted mercy in this particular To whom he replyed You come here about the saving of a souldier who is already condemned by the Councell of Officers under me and for a great crime of mutinie wherein were ingaged many more besides him at least 15 and I think in such a high businesse as this is you never knew a Generall to pardon so many as I have done and now he is to suffer by course of Martiall Law and it being past it cannot be recall'd To which we answered Your Excellency hath shewen much mercy to poor men in the like nature that did deserve more to die then he did Therefore we were imboldened to sue to your Excellency for him to which he answered That he conceived he deserved to suff●r as he did and that it did behove us if we were his friends to prepare him for another world and not to do as we do to countenance him in any thing that is not regular nor safe for he had like to have made a great fraction in the City and Army and for that he is to die and it lies not in my power to preserve him Then we did beseech his Excellency to reprieve him but till to morrow but he would not condescend to neither And so much passed to this effect but nothing at all obtained from him The Copy of a Letter written to the Generall from Lieut. Col. Jo. Lilburn and M. Rich. Overton Arbitrary and Aristocratical prisoners in the Tower of London the 27 of April 1649 in behalf of Mr. Robert Lockier tyrannically ordered to be murdered by the pretence of Martiall Law by the Councel of War at White-Hall M. George Ash M. Joseph Hockley M. Robert Osburn Mr. Matth. Heyworth Mr. Tho. Goodwin all of Captain Savage his Troop in Col. Whaley's Regiment who by the said Councel were adjudged to cast lots for their lives and one of them to die In which it is by Law fully proved That it is both Treason and Murder for any General or Councel of War to execute any Souldier in

The Army's Martyr OR A more ful RELATION of the barbarous and illegall Proceedings of the Court-Martiall at WHITE-HALL UPON Mr. ROBERT LOCKIER Who was shot to death in Paul's Church-yard upon the 27 day of April 1649. And a brief Narrative of the Cause thereof VVith his Christian carriage and deportment and his dying SPEECHES to all his fellow-souldiers at the time of his Execution as an everlasting witnesse of his integrity to the Rights and Freedoms of the COMMON-WEALTH WITH A PETITION Of divers well-affected persons AND A LETTER Of Lieut. Col. Jo. Lilburn and M. Ri. Overton Presented To the GENERAL in his behalf 1 KING 2.5 6. The blood of War shed in the time of Peace Cries out for vengeance or our Freedoms cease Printed at London in the Yeer 1649. THE ARMIES MARTYR c. WHereas I have been truly informed from many honest and consciencious persons of the life and death of this gallant man M. Lockier I thought good out of that duty I owe unto him for to give a perfect and full Relation of the whole matter cause of his death for the full satisfaction of all persons that desire to be truly informed And knowing that it is the duty of every man that lives in a Common-wealth to be as instrumentall as he can in discovering any thing that may be of Publick concernment And considering that it is the common practice of Machiavils to colour over their cruell and unjust actions with the vizor of some great good or prevention of some great evill to the Nation or place where the thing was committed the better to deceive the simple and wellminded people And to keep on that veile of hypocrisie which they have cast over the face of the Common-wealth that they might not question their abominable actions both towards this poor innocent and their juglings with the whole Nation I have therefore taken a little paines to put forth a Narrative of the cause of this their bloody proceedings against him that people may be possessed that their holinesses may erre and be guilty of as much innocent blood if they continue in the courses they have walked in of late as ever Queen Mary or any Tyrants before her Thus then to the matter on Tuesday Aprill the 24. 1649. there came orders for the Troop to march forth of the City and the Souldiers being unwilling to march forth without mony to defray their Quarters desired pay to put them in a capacity to pay their Quarters there and be enabled to give satisfaction to the Country which they were to march into which desires of theirs being not fulfild they went unto the foure Swannes where their Colours were and secured them for the present untill they had the pay that was due to them being invited by some of Cap. Groves Troop who had secured their colours before them well then here was a months pay provided for them but the Clark affirmed that there was 11 dayes pay due more to them then that months and would have laid five pound with the Quartermaster of the truth of it But when Col. Whaley came and they disputed how much they were behind he came down the yard and said there was but five dayes pay due to them But whether this was a plot of his to cause this stirre or trouble I know not but surely it was the trick of a knave in so doing but to the matter while they were in dispute about their marching away there came a fortnights pay out of Essex for them and on Tuesday night there was an alarm in their quarters about some plot as they say to destroy the Generall and some Officers and some papers cast abroad to that effect a meer plot of the Grandees as is conceived the better to countenance their illegall proceedings on some Citizens that night which because the Souldiers did not march were not ashamed to put it upon them though they never knew of it at which time of the alarm or as they were to goe to their quarters Captain Savage told them that they should come receive a fortnights pay more betimes in the morning that they might march away whereupon they prepared for the march some having received their monies but when some came for it he told them they could not nor should not receive it though other Troops had because they refused to march the day before whereupon they kept their Colours and would not march except they were made up equall in pay with the rest of the Regiment But yet so reasonable they were in their demands that they told Col. Whaley and M. Swallow and their Capt. that if they might have but the fives dayes pay which they acknowledged was due to them with an engagement from their Officers to pay them a days pay every day as they were upon the march till they were made up equall with the Regiment and a passing by what had been done on both sides they would march away presently No they should not have it because they did not march out to a Rendevouz of the Regiment the day before to Mile-end green although there were not many above 40 of the three Troopes that marcht forth and came in againe Yet at length Col. Whaley said that if their Captain should draw out six men of them and carry them before the Generall they should have it but they were unwilling that any should be taken out seeing all had refused marching being forced thereunto by their unjust command in commanding them to march without their pay to satisfie their quarters at length the Generall and Lieutenant Generall came very furiously breathing forth nothing but death to them all being fetch'd and animated on by that forsworn and perjured tyrannicall Knave Chillington who can take what he please out of the Souldiers pay for to maintain him in his Domineering courses But oh how bloody and red did Cromwel look and the Generall told them that they should be hanged all and that they did deserve to be hanged presently in the Court whereupon a Souldier or two went down the Gallery and desired his Execellency to hear their just desires No he would not hear them there but they must march away presently to White-hall with those Troops that came to guard them thither there being no resistance offered on the Souldiers part nor sword drawn though they have reported since there were but Whaley drew his and Chillington drew his to cut a Souldier from whose back he rent his cloak But so much do they thirst after the bloud of those that shall dispute a command of theirs whether right or wrong all is a case to them when it comes to diminish from their lawlesse wils for it was disputed and affirmed by an Officer of the Army at the Spittle that souldiers must obey their commands and not question it though it be to kill a man or steal an horse that to prison they must and the next day to a Councel of War as they

seeking officers are when they lye at Free quarter on the poor Country of their accommodation either for himself or his horse I need not blaze his good esteem he had of all persons that knew him for they do and can speak more then I can of him and for him In his dealing with all men he was just ever approving of that rule of Christ that what we would have others do to us we should to them and I dare pawn my Salvation upon this truth that he did as much as could be be discerned walk by it failings I will not say but he was subject to as well as others but if told of his failings he indevoured amendment and if any be without sin let him cast the first stone at him sure I am he was more conscionable in serving his Nation then Captain Savage that holy man whose holiness can admit of three men or two men and a boy to be mustered and receive pay for them and send them home to his father in laws house with their horses and let them do their work and the Common-wealth to pay them But I 'll warrant the good man will tell you it is a priviledge that we Officers have being fetcht from the practice of mercenaries beyond the sea but this is not the first cheat he hath served the state neither is he alone but many more Officers in the Army especially those that are married who can make it their trade to be with their wives more then with their troops companies though themselves have denied that to others before they were in that Condition telling them that he that warreth a warfare intangleth not himself with the things of the world But now it is no marvell they asperse and envy every man that desireth but to look into the mystery of their iniquity they may do what they please and no man question them for it as Captain Tounsell took Mr. Sawyer and cast him into White-hall after he had abused him sufficiently in his own Chamber there commiting him without any order or charge against him where he might die and perish for want of food if good people did not relieve him so I say marvell not at their actions for whatsoever is pleasing in their own eyes that they will do to any as they have done to this true friend to his Countries Freedom Therefore his bloud I will require at Colonel Whaley's and Savage's hand because said Whaley I knew him two yeers before this time and Savage knew he desired Justice on him when the troops charged him for dissenting at New-market and other articles belonging thereunto and now have they their desires on him And thus have I given you a briefe narrative of the cause of this murther which was executed on him in Paul's Church-yard where were many hundred if not thousands weeping eyes and shreking voyces lamenting so gallant a creature should lose his life What he said to divers there and in his Coach coming to his execution is here inserted verbatim or as far as can be remembred Mr. Shaw and Mr. Atkinson being come to Pauls met with M. Lockier coming up Ludgate-hil with a strong guard of Souldiers of Col. Hewsons Regiment before and behind and he with a friend or two in a Coach to which they addressed themselves and acquainted him with what had passed between them and the Generall to which he answered Dear friends he scarce knowing us I am ready and willing to dye for my Country and Liberty and I blesse God I am not afraid to look death in the face in this particular cause God hath called me to M. Atkinson After that I met him in the yard where he was to suffer he said the same words and to the same effect and then the Guard driving all his friends away and him I could not hear what he said But I heard getting to him through favour of an Officer Colonel Okey to challenge him with untruth in that he confessed before the Councell of War that he was guilty of what was charged upon him in reference to mutinie and now he denyed it to which he answered that it was not so Okey said it was and he could produce many to witnesse the same Lockier replyed that he knew what he had said well enough and that ever since he knew what it was to draw a sword he never intended any thing but meerly for the Priviledges and Liberties of the people and in that he would live and die and Major Swallow and others said something to him then which I did not hear but Major Carter made up that discourse and said that it was convenient that this little time he had to spend it was requisite that he spent it in the best way he thought meet and if he desired to retire himself he might to which he replyed he did desire to retire himself in private and that though he did doe or think nothing but what he would have every man to hear for as his actions from the first to the last have been for publique good he desired his death might be and so he knew it would be For God would make his bloud speak Liberty and Freedom to all England And then he drew to the wall and there prayed about a quarter of an houre and after goes and makes water and then comes and had discourse with many of the Officers but what it was I could not well hear but thus much I heard how he with a couragious and willing heart did undergoe what ever was laid upon him because it was in the behalfe of his Country Then I took him by the hand and he began to say in this manner friends here I am to suffer what it pleases God to lay upon me and truly that for my Countreys good and how great a comfort this is to me I am not able to expresse and therefore friends it is a good sweet and comfortable thing for to serve God for he hath set us in a condition to serve him and given us a rule and hath purchased for us not only Liberty and Freedom here through his Son but peace and tranquility hereafter and a meanes he hath set downe in his word which we ought to take heed ●● For in that he hath declared that Christ is sufficient for all our sinnes and God would provide fully for all those that sought to God by him it was not any thing would commend us to God but pure and undefiled actions in the sight of God through the power of Christ and his Word which I fully own and beleeve declared the same unto which we do well to take heed for if we will we may do well here and hereafter here we must serve him in standing up for our Countries Liberties and Freedoms they will make much for hereafter for if we do well we shall be well rewarded Therefore my dear friends and fellow souldiers I desire you all to serve God and love him and honor him

time of Peace by Martial Law May it please your Excellency WEe have not yet forgot your Solemn Engagement of June 5. 1647 whereby the Armies continuance as an Army was in no wise by the will of the State but by their owne mutuall Agreement and if their standing were removed from one Foundation to another as is undeniable then with the same they removed from one Authority to anoother and the Ligaments and Bonds of the first were all dissolved and gave place to the Second and under and from the head of their first Station viz. By the will of the State the Army derived their Government by Martiall Law which in Judgment and Reason could be no longer binding then the Authority which gave being thereto was binding to the Army for the denyal of the authority is an Abrogation and Nulment of all Acts Orders or Ordinances by that Authority as to them And upon this account your Excellency with the Army long proceeded upon the Constitution of a new Councell and Government contrary to all Martiall Law and Discipline by whom only the Army engaged to be ordered in their prosecution of the ends to wit Their severall Rights both as Souldiers and Commoners for which they associated Declaring agreeing and promising each other not to Disband Divide or suffer themselves to be Disbanded or Divided without satisfaction and security in relation to their Grievances and desires in behalfe of themselves and the Common-wealth as would be agreed unto by their Councel of Agitators And by vertue under color of this Establishment all the extraordinary Actions by your Excellency your Officers and the Army have past Your refusall to Disband disputing the Orders of Parliament Impeachment and ejection of Eleven Members your First and Second March up to London your late violent Exclusion of the major part of Members out of the House and their imprisonment without Cause declared c. which can no way be justified from the guilt of high Treason but in the accomplishment of a righteous end viz. The enjoyment of the benefit of our Laws and Liberties which we hoped long ere this to have enjoyed from your hands Yet when we consider and herewith compare many of your late carriages both towards the Souldiery and other Free-People and principally your cruell exercise of Martiall Law even to the Sentence and execution of Death upon such of your Souldiers as stand for the Rights of that Engagement c. And not only so but against others not of the Army we cannot but look upon your Defection and Apostacy in such dealings as of most dangerous consequence to all the Lawes and Freedoms of the People And therefore although there had never been any such solemn Engagement by the Army as that of June 5. 1647. which with your Excellency in point of duty and conscience ought not to be of the meanest obligation We do protest against your Exercise of Martial Law against any whomsoever in times of Peace where all Courts of Justice are open as the greatest encroachment upon our Lawes and Liberties that can be acted against us And particularly against the Trial of the Souldiers of Captain Savage's Troop yesterday by a Court Martiall upon the barbarous Articles of Warre and sentencing of two of them to death and for no other end as we understand but for some dispute about their pay And the reason of this our Protestation is from the Petition of Right made in the third yeer of the late King which declareth That no person ought to be judged by Law Martiall except in times of Warre And that all Commissions to execute Martiall Law in times of Peace are contrary to the Lawes and Statutes of the Land And it was the Parliaments complaint That Martial Law was then commanded to be executed upon Souldiers for Robbery Mutiny or Murder Which Petition of Right this present Parliament in their late Declarations of the 9. of Feb. and the 17 of March 1648 commend as the most excellent Law in England and there promise to preserve inviolably it and all other the fundamentall Laws and Liberties concerning the preservation of the Lives Properties and Liberties of the People with all things incident thereunto And the Exercise of Martiall Law in Ireland in time of Peace was one of the chiefest Articles for which the Earl of Strafford lost his head as appears Article 1 in the case of the Lord Mount-Norris yet alive the same by this present Parliament being judged high Treason And the Parliament it self neither by Act nor Ordinance can justly or warrantably destroy the fundamental Liberties and Principles of the Common Law of England It being a maxime in Law and Reason both That all such Acts and Ordinances are ipso facto null and void in Law and bind not at all but ought to be resisted and stood against to the death And if the supreme Authority may not presume to do this much lesse may You or Your Officers presume therupon for where remedy may be had by an ordinary course in Law the party grieved shall never have his recourse to extraordinarie Whence it is evident That it is the undoubted Right of every Englishman Souldier or other that he should be punishable onely in the ordinary Courts of Justice according to the Laws and Statutes of the Realm in the time of Peace as now it is there being no declared enemy in arms either in field or garrison ready to destroy the Nation with fire and sword and by their fury and power stop or dam up the ordinary administration of the Law and the extraordinary way by Court Martiall in no wise to be used Yea the Parliaments Oracle Sr. Ed. Cook Declares in the third part of his Institutes Cap. of Murther fol. 52. that for a General or other Officers of an Army in time of Peace to put any man although a Souldier to death by colour of Martiall Law it is absolute murther in that Generall or Councel of War c. Because saith he this is against Magna Charta ch 29. and is done by such power and strength as the party cannot defend himself and here the Law implyeth malice vide Pasch 14 fol 3. in Scaccario The Abbot of Ramsey's Case in a Writ of Errour in part abridged by Fitzh tit Scire fac 112 for time of peace Thomas Earl of Lancaster being taken in an open Insurrection was by judgment of Martial Law put to death in anno 14. Ed. 4. this was adjudged to be unlawfull because saith he he was not arraigned or put to answer in the time of peace and because the Chancery and all other Courts of the Kings were then open in which Law was done to every man as it wont to be and that against the Charter of Liberties because the said Thomas being a Peer and Noble of the Kingdom should not be imprisoned nor should the same King passe Sentence upon him but by the lawfull judgment of his Peers yet in the time of