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
unto the power of the House in committing me J stooped but at their doore desired to be committed by a legall Warrant which by their own Law published in Sir Edward Cooks institutes Votes and Ordinances all warrants of commitments whatsoever ought expresly to containe the certaine particular case wherefore a man is committed and ought to conclude and him safely to keep till he be delivered by due course of Law and for the full proof of this read the 68 69. pages of the following discourse and the 11 12 13 14 15 pages of Mr. Iohn Wildmans late defence called Truths Triumph or Treachery anotamised But if the Warrant be in generall words and be also to keep him during their pleasure and made by the Parliament the prisoner is murthered and destroyed by such an imprisonment For he must either stoop to their wills and so betray his liberties and sin against his own soule or else he must remaine in prison till he starve and rot before any Iudge in Westminster Hall will grant him a Habeas Corpus to bring him up to the barre of Justice either to receive his punishment according to Law or else his liberties as uniustly imprisoned and this made me the other day at the House of Commons to contest for a legal warrant before I would go to Prison but that mercinary Turkish Ianisary Col. Baxster laid violent hands upon me telling me expresly he was not either to reason or dispute the Houses commands but to obey them caused his Soldiers to draw their swords upon me in halling of me away by force violence he stabed Magna Charta the Petition of Right c. to the very heart and soule did asmuch as in him lyes by that act destroy all our Lawes and liberties for if authority must be backt with the sword to put in execution all their unjust commands then farwell all law and liberty forever and accursed be the day that ever the Parliament raised an Army to fight for the preservation of our lawes and liberties if now they convert their power and turne their swords and guns against us by force of armes to destroy our lawes and liberties John Lilburne 6. Feb. 1647. In the third yeare of the reign of Charles King of England Scotland France and Ireland AT the Parliament begun at Westminster the seventeenth day of March An. Dom. 1627. in the third yeare of the reigne of our most gracious Soveraigne Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued untill the 26. day of Iune following and then prorogued unto the 20. day of October now next ensuing To the high pleasure of Almighty God and to the weale publique of this Realme were enacted as followeth The petition Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subiect with the Kings Majesties royall answer thereunto in full Parliament To the Kings most Excellent Majestie HVmbly sheweth unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Commons in Parliament assembled That whereas it is declared aâ—d inacted by a Statute made in the time of the reigne of King Ed. the first commonly called Statutum de Tallagio non concedento a a 34. Ed. 1. chap. 1. That â—o tallage or aid shall be laid or levied by the King or his Heires in this Realme without the good will and assent of the Arch Bâ—shops Bishops Earles Barons Knights Burgesses and other the free men of the Commonalty of this Realme And by authority of Parliament holden in the five and twentieth yeare of the reigne of King Edward the third b b 25. Ed. 3 Rot. Par. it is declared and inacted That from thenceforth no person should be compelled to make any loanes to the King against his will because such loanes were against reason and the franchise of the Land And by other Lawes of this Realme it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge c c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9. 1. R. 3. 2. by which the Statutes before mentioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any tax tallage aid or other like charge nor set by common consent in Parliament 1. R. 3. 2. Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of money unto your Majestie and many of them upon their refusall so to do have had an oath administred unto them not warrantable by the Lawes or Statutes of this Realme * * Oaths Ex Officio unlawfull and have been constrained to become bound to make appearance and give attendance before your privie Councell and in other places and others of them have been therefore imprisoned confined and sundry otherwayes molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Maiesty or your privie Councell against the Lawes and free customes of the Realme * * All Magistracy in England is bounded by the law thereof e e 28. Ed. 3. 3. And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND d d 9 H. 3. 29. It is declared and enacted f f 25. Ed. 3. That no free man may be taken or imprisoned St. 37. Ed. 3. 18. St. 38. Ed. 3. 9. St. 42. Ed. 3. 3. St. 17. R. 2. 6. or be disseized of his Free hold or Liberties or his free Customs or he outlawed or exiled or in any manner distroyed but by the lawfull iudgement of his PEERS or by the Law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third e it was declared and enacted by authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law Neverthelesse against the tenour of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided f divers of your Subiects have of late been imprisoned without any cause shewed * * Imprisonment without cause shewed is illegall See also Cooke 2. part institutes upon the 29. chap Magna Charta And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergoe and receive as the
Chap. 3. The said Charters shall be read in Cathedrall Churches twice in the yeare ANd we will that the same Charters shall be sent under our Seale to Cathedrall Churches throughout our Ralme there to remain and shall be read before the people two times by the yeare 28. Ed. 3. 1. Chap 4. Excommunication shall be pronounced against the breakers of the said charters ANd that all Arch Bishops and Bishops shall pronounce the sentence of Excommunication against all those that by word deed or councell doe contrary to the foresaid Charters or that in any point break or undoe them And that the said curses be twice a yeare denounced and published by the Prelates aforesaid And if the same Prelates or any of them be remisse in the denunciation of the said sentences the Arch Bishops of Canterbury and Yorke for the time being shall compell and distrain them to the execution of their dutyes in forme aforesaid The 28. of Edward the 1. Chap. 1. fol. 80. A confirmation of the great Charter and the Charter of the Forest THat is to say That from henceforth the great Charter of the Liberties of England granted to all the Commonalty of the Realme and the Charter of the Forest in like manner granted shall be observed kept and maintained in every point in as ample wise as the King hath granted renewed and confirmed them by his Charters And that the Charters be delivered to every Sheriffe of England under the Kings Scale to be read foure times in the yeare before the people in the full County that is to wit the next County day after the Feast of St. Michael and the next County day after Christmas and at the next County after Easter and at the next County after the Feast of St. Iohn And for these two Charters to be firmely observed in every point and article where before no remedy * * Chap. 8. and 13. was at the Common Law there shall be chosen in every Shire Court by the Commonalty of the same Shire three substantiall Men Knights or other lawfull wise and well disposed persons which shall be Iustices sworne and assigned by the Kings Letters Patents under the great Scale to heare and determine without any other Writ but only their Commission such Plaints as shall be made upon all those that commit or offend against any Point contained in the foresaid Charters in the Shires where they be assigned as well within Franchises as without And as well for the Kings Officers out of their places as for other and to heare the Plaints from day to day without any delay and to determine them without allowing the delayes which be allowed by the Common Law And the same Knights shall have power to punish all such as shall be attainted of any Trespasse done contrary to any point of the foresaid Charters where no remedy was before by the Common Law as before is said by Imprisonment or by ransome or by Amerciament according to the Trespasse c. The 28 of Edward the 1. Chap. 8. fol. 83. The Inhabitants of every County shall make choise of their Sheriffes being not of Fee Stat. 9. E. 2. Stat. 14 E. 3. 7. 28. Ed. 1. 1. THe King hath granted unto his people that they shall have election of their Sheriffes in every Shire where the Shrivalty is not of fee if they lift Chap. 13. The 28. of Edward the 1. Chap. 13. fol. 83. What sort of persons the Commons of Shires shall chuse for their Sheriffes ANd for as much as the King hath granted the election of Sheriffes to the Commons of the Shire the King will that they shall chuse such Sheriffes that shall not charge them and that they shall not put any Officer in authority for rewards or bribes And such as shall not lodge too oft in one place nor with poore persons or men of religion St. 9. E. 2. The Statute of Sherifes The 34. Edward the 1. Chap 4. fol. 91. All Lawes Liberties and Customes confirmed WE will and grant for us and our heires that all Clerkes and lay men of our land shall have their lawes liberties and free Customes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our ancestors or any customes brought in contrary to them or any manner article contained in this present Charter we will and grant that such manner of statutes and customes shall be void and frustrate for evermore The 34. of Edward the 3. Chap. 6 fol. 92. The curse of the Church shall be pronounced against the breakers of this Charter ANd for the more assurance of this thing we will and grant that all Arch Bishops and Bishops for ever shall read this present Charter in their Cathedrall Churches twice in the year and upon the reading hereof in every of their Parish Churches shall openly denounce accursed all those that willingly doe procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witnesse of which thing we have set our Scale to this present Charter together with the Seales of the Arch Bishops Bishops c. which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all causes and articles and shall extend their faithfull aid to the keeping thereof c. The 1. of Edward the 3. Chap. 5. fol. 115. None shall be compelled to goe to war out of the Shire where he dwelleth But c. ITem the King will that no man from henceforth shall be charged to arme himself otherwise then he was wont in the time of his progenitors Kings of England And that no man be compelled to goe out of his shire but where necessity requireth and suddain comming of strange enemies into the Realme And then it shall be done as hath been used in times past for the defence of the Realme St. 15. Ed. 3. 7. St. 4. H. 4. 13. 25. Ed. 3. 8. The 2. Edward the 3. Chap. 8. fol. 118. No commandement under the Kings seale shall disturb or delay justice ITem it is accorded and established that it shall not be commanded by the great Seale nor the little Seale to disturb or delay common right and that though such commandements do come he Iustices shall not therefore leave to doe right in any point St. 9. H. 3. 29. St. 5. Ed. 3. 9. St. 14. Ed. 3.14 The 4. of Edward the 3. Chap. 2. fol. 120. The authority of Justices of Assise Gaole delivery and if the peace ITem it is ordained that good and discreet persons other then of the places if they may be found sufficient shall be assigned in all the Shires of England to take Assises Iuries and certifications and deliver the Gaoles And that the said Iustices shall take the Assises Iuries and certifications and deliver the Gaols at the least three
resident within the Shire where they shall be chosen the day of the date of the Writ of the summons of the Parliament And that the Kniâ—hts and Esquires and other which shall be choosers of those Knights of the Shires be also resident within the same Shires in manner and forme as is aforesaid Rast pl. fo 446. And moreover it is ordained and established that the Citizens and Burgesses of the Cities and Boroughs be chosen men Citizens and Burgesses resiant dwelling and free of the same cities and boroughs and no other in any wise 7. H. 4. 15. 8 H. 6. 7. 10. H. 6. 2. 23. H. â— 15. The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be Iustices of the Peace FIrst that the Iustices of the peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same counties by the advice of the Chancellor and of the Kings Councell without taking other persons dwelling in forain Counties to execute such office except the Lords and Iustices of Assises now named and to be named by the King and his Councell 1. Ed. 3. 16. 34. Ed. 3. 1. And except all the Kings chiefe Stewarde of the Land and Seigniories of the Duchie of Lancaster in the North parts and in the South for the time being 13. R. 2. 7. Chap. 3. Of what estate those Iurors must be which are to passe touching the life of man plea reall to forty markes damages ITem the King considering the great mischiefes and disherisons which daily happen through all the realm of England as well in case of death of a man as in case of freehold and in other cases by them which passe in enquests in the said cases which be common Iurors and other that have for little to live upon but by such inquests and which have nothing to loose because of their false oaths whereby they offend their conscience the more largely and willing thereof to have correction and amendment 2. H. 7. fo 13. 10. H. 7. fo 14. 9. H. 5. fo 5. 10. H. 6. fo 7. 8. 18. 7. H. 6. fo 44. Dyer fo 144 Cook Inst part 1. 272. a. Rast pl. fo 117. hath ordained and established by assent of the Lords and Commons aforesaid that no person shall be admitted to passe in any enquest upon tryall of the death of a man nor in any enquest betwixt party and party in plea reall nor in plea personall whereof the debt or the damage declared amount to forty marks if the same person have not Land or Tenements of the yearly value of forty shillings above all charges of the same so that it be challenged by the party that any such person so impanelled in the same cases hath not Lands or tenements of the yearly value of forty shillings above the charges as afore is said 28. Ed. 3. 13. 8. H. 6 29. The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers and who shall be chosen Knights of the Parliament ITem Whereas the election of Knights of Shires to come to the Parliament of our Lord the King in many Counties of the Realm of England have now of late been made by very great outragious and excessive number of people dwelling within the same Counties of the Realm of England of the which most part was of people of small substance * * This is a Statute of bondage and lesse of liberty 1. H. 5. 1. 10. H. 6. 2. 6. H. 6. 4. 11. H. 4. 1. 23. H. 6. 15. Rast pla fo 440. and of no value whereof every of them pretended a voice equivalent as to such elections to be made with the most worthy Knights and Esquires dwelling within the same Counties whereby manslaughters riots batteries and divisions among the Gentlemen and other peoples of the same Counties shall very likely rise and be unlesse convenient and due remedy be provided in this behalf Our Lord the King considering the premisses hath provided ordained and established by authority of this present Parliament that the Knights of the Shires to be chosen within the same Realm of England to come to the Parliaments of our Lord the King hereafter to be holden shall be chosen in every County of the Realm of England by people dwelling and resident in the same Counties whereof every one of them shall have land or tenement to the value of forty shillings by the year at least above all charges and that they which shall be chosen shall be dwelling and resident within the same Counties And such as have the greatest number of them that may EXPEND FORTY SHILLINGS by yeare and above as afore is said shall be returned by the Sheriffes of every County Knights for Parliament by Indentures sealed betwixt the said Sheriffes and the said choosers so to be made And every Sheriffe of the Realm of England shall have power by the said authority to examine upon the Evangelists every such choosâ—â— how much he may expend by the yeare And if any Sheriffes reâ—urn Knights to come to the Parliament contrary to the said Ordinance the Iustices of Assises in their Seasions of Assises shall have power by the authority aforesaid thereof to enquire And if by enquest the same he found before the Iustices and the Sheriffes thereof be duly attainted that then the said Sheriffe shall incuraâ—â— pain of an hundred pound to be paid to our Lord the King and also that he have imprisonment by a yeare without being leâ— to mainprise or baile And that the Knights for the Parliament returned contrary to the said Ordinance shall loose their wages 10. H. 6. 2. Provided alwayes that he which cannot expend forty shillings by yeare as afore is said shall in no wise be chooser of the Knights for the Parliament And that in every writ that shall hereafter goe forth to the Sheriffes to choose Knights for the Parliament mention be made of the said Ordinances The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearely value in lands a Iustice of Peace ought to be ITem whereas by Statutes made in the time of the Kings noble Progenitors it was ordained that in every County of England Justices should be assigned of the most worthy of the same counties to keep the peace and to doe other things as in the same Statutes fully is contained 1. Ed. 3. 16 18. Ed. 3. 2. 13. R. 2. 7. 17. R. 2. 10. which Statutes notwithstanding now of late in many Counties of England the greatest number have been deputed and assigned which before this were not wont to be whereof some be of small behaviour by whom the people will not be governed nor ruled and some for their necessity doe great extortion and oppression upon the people whereof great inconveniences be likely to rise daily if the King therefore doe not provide remedy The King willing against such inconveniences to provide
remedy hath ordained and established by authority aforesaid That no Iustice of peace within the Realm of England in any County shall be assigned or deputed if he have not lands or tenements to the value of 20. l. by yeare and if any be ordained hereafter to be Iustices of peace in any County which hath not lands or tenements to the value aforesaid that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another sufficient in his place and and if he give not the said knowledge as before within a moneth after that he hath notice of such Commissions or if he sit or make any warrant or precept by force of such Commissions he shall incur the penalty of 20. l. and neverthelesse be put out of the Commission as before and the King shall have the one half of the said penalty and he that will sue for the King the other half and he that will sue for the King and for himself shall have an action to demand the same penalty by writ of debt at the common Law Provided alwayes that this Ordinance shall not extend to Cities Towns or Boroughs which be Counties incorporate of themselves nor to cities towns or boroughs which have Iustices of peace of persons dwelling in the same by commission or warrant of the King or of his progenitors Provided also that if there be not sufficient persons having lands tenements to the value aforesaid learned in the Law and of good governance within any such County that the Chancellor of England for the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not lands or tenements to the value aforesaid by his discretion 27. H. 8. chap. 24. The 20. of Henry the 6. Chap. 8. fol. 336. In what case the Kings Purveyors that would take Cattell may be resisted ITem it is ordained by the authority aforesaid that the Statutes before this time made of Purveyors and buyers shall be holden and kept and put in due execution And in case that any purveyor buyer or taker will take and make purveyance or buy any thing to the value of forty shillings or under of any person and make not ready payment in hand that then it shall be lawfull to every of the Kings liege people to retain their goods and cattels and to resist such purveyors and buyers 28. Ed. 3. 12. and in no wise suffer them to make any such pâ—rveyances buyings or takings And to keep the peace better every constable tithingman or chief pledge of every town or hamlet where such takings or purveyances shall be made shall be helping or assistant to the owner or seller of such things to be taken against the forme of this Ordinance to make resistance in the manner aforesaid in case that such constables tithingmen or chiefe pledges be required so to doe upon pain to yeeld to the party so grieved the value of the things so raken with his double damages and that none of the Kings liege people be put to losse or damage by the King or any officer for such resistance And that none of the Kâ—ngs officers shall cause to be arrested vexed or impleaded in the Court of the Marshalsey or else where any of the Kings liege people for such detaining or not suffering to be done upon paine to loose 20. l. the one moity thereof to the King and the other moity to him which will in such case sue and that the Iustices of peace in evety County shall have power by authority of this Ordinance to inquire hear and determine as well at the suit of the King as of him that will sue of any thing done against this Ordinance and thereof to make due punishment and execution and to award damages to the party plaintife when any defendant is thereof duly convict and that upon every action to be taken upon this Ordinance every party defendant shall be put to answer unto it without the aid of the King and in such actions to be taken processe shall be made as in a writ of trespasse done against the peace and that in every Commission of Purveyors buyers or takers to be made this Ordinance shall be contained and expressed And moreover that this Ordinance among other Statutes of purveyors buyers or takers before this time made shall he sent to the Sherifes of every County of England to proclaim and deliver the said Statutes and Ordinances in the manner and forme contained in the Statute of purveyors and buyers 2. H. 6. 2. 36. E. 3. 6. made the first year of the reign of our said Lord the King upon the paine contained in the Statute And moreover the King will and commandeth that the Statute made the 36. year of King Edward late King of England the third after the conquest touching the purveyors of other persons then of the King shall be put in due execution 2. H. 4. 14. The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriffe shall let to Farme his County or any Bailiwick The Sheriffes and Bailiffes fees and duties in severall cases ITem the King considering the great perjury extortion and oppression which be and have been in this realme by his Sherifes under Sherifees and their Clerkes Coroners Stewards of franchises Bailifes and keepers of prisons and other officers in divers counties of this realm hath ordained by authority aforesaid in eschewing of all such extortions perjury 20. H. 7. fo 12. 21. H. 7. fo 36. 4. H. 4. 5. Kel fo 108. â—1 H 7. fo 16. Rast pla fo 318. Coke pla 365. 3. E. 1. 26. Dyer fo 119. and oppressâ—ion that no Sherife shall let to farme in any manner his county nor any of his Bailiwicks Hundreds nor wapentakes nor that the said Sherifes under Sheifes bailiâ—ffes of Franchises nor any other Bailiffe shall return upon any writ or precept to them directed to be returned any inquests in any panell thereupon to be made any Bailiffes officers or servants to any of the officers aforesaid in any panell by them so to be made nor that any of the said Officers and Ministers by occasion or under colour of their office shall take any other thing by them nor by any other person to their use profit or avail of any person by them or any of them to be arrested or attached nor of any other of them for the omitting of any arrest or attachment to be made by their body or of any person by them or any of them by force or colour of their office arrested or attached for fine fee suit of prison mainprise letting to baile or shewing any ease or favour to any such person so arrested or to be arrested for their reward or profit but such as follow that is to say For the Sheriffe twenty pence the Bailiffe that maketh the arrest or attachment foure pence and the Gaoler if the prisoner be committed to
the same Court or by any of the Iudges Officers or Ministers thereof be from the first day of August in the yeare of our Lord God 1641. clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellour or Keeper of the great Seale of England the Lord Treasurer of England the Keeper of the Kings Privie Seale or President of the Councell nor any Bishop Temporall Lord Privie Councellor or Iudge or Iustice whatsoever shall have any power or authority to heare examin or determin any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decree or to doe any Iudiciall or Ministeriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto allâ— or any the Iudges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like iurisdiction being exercised there shall from the said first day of August 1641 be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third yeare of King Henry the seventh Or the Statute made the one and twentieth of Henry the eighth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subiects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of iustice and by the ordinary course of the law And be it further provided and enacted That if any Lord Chancellor or Keeper of the great Seale of England Lord Treasurer Keeper of the Kings privie Seale President of the Councell Bishop Temporall Lord Privie Councellor Iudge or Iustice whatsoever shall offend or doe any thing contrary to the purpâ—rt true intent and meaning of this Law Then he or they shall for such offence forfeit the summe of five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain judgement thereupon to be recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgement or Recovery shall he had as aforesaid shall after such Iudgement or Recovery offend again in the same then he or they for such offence shall forfeit the summe of one thousand pounds of lawfull money of England unto any partie grieved his Executors or Administrators who shall really prosecute for the same and first obtaine Iudgement thereupon to be Recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information in which no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgement or Recovery shall be had as aforesaid shall after such Iudgement or Recovery offend againe in the same kind and shall bee thereof duly convicted by Indictment Information or any other lawfull way or meanes that such persons so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to beare his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to make any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and loose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his trebble dammages which he shall sustain and be put unto by meanes or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberty or suffer imprisonment by the Order or Decree of any such Court of Star-Chamber or othâ—r Court aforesaid now or at any time hereafter having or pretending to have the same or liâ—e jurisdiction Power or Authority to commit or imprison as aforesaid Or by the Command or Warrant of the Kings Maiestie his Heires or Successours in their own person or by the Command or Warrant of the Councell-board or any of the Lords or other of his Majesties Privie Councell that in every such case every person so committed restrained of his libertie or suffering imprisonment upon demand or motion made by his Councell or other employed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually paid for the same
have forthwith granted unto him a writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same writ shall issue in open Court and shall then likewise certifie the true cause of his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine or determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon doe what to iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Justice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved his trebble dammages to be recovered by such meanes and in such manner as is formerly in this Act limitted and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend only to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches of Wales and before the President and Councell in the Northern parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court And to all Courts of like Jurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the warrants and Directions of the Councell-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majestie his Heires or Successours in their own person or by the Lords and others of the Privie Councell and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have to offended shall be sued or impleaded for the same within of two yeares at the most after such time wherein the said offence shall be committed Anno XVII Caroli Regis An Act for the declaring unlawfull and void the late proceedings touching Ship money and for the vacating of all Records and Processe concerning the same VVHereas divers Writs of late time issued under the Great Seal of England commonly called Shipwrits for the charging of the Ports Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for his Majesties service And whereas upon the execution of the same Writs and Returnes of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Processe hath bin thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said Ships and in especiall in Easter Tearm in the thirteenth yeare of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriffe of BVCKINGHAM-SHIRE against IOHN HAMDEN Esquire to appeare and shew cause why hee should not be charged with a certain summe so assessed upon him upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adiourned the same case into the Exchequer Chamber where it was solemnly argued divers dayes and at length it was there agreed by the greater part of all the Justiâ—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 aâ— the Iustices of the said courts of Kings Bench CoÌ„mon 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
Right in the third of the King and the Statutes that abolished the Starre-Chamber and Ship money made this present Parliament and Lievtenant Col. Iohn Lilburnes Book called the Resolved mans Resolution p. 2. 3 8 9. and his Grand Plea against the Lords pag. 7 8 9. error Therefore Sir for you who are a Generall of an Armie and other of your Marshall Officer's who are are no Civill Court of Iustice nor authorized with the least legall power in the world to administer Iustice and execute the law of the land upon or unto any of the Commoners of England to dare or presume to restraine imprison trie or meddle with me as you have done who am in no other capacitie in the world but barely and altogether as a Commoner of England is the height of arbitrary tyranny injustice and * * Well saith Sir Edward Cook in the 2. part of his Institutes fol. 48. that every oppression against law by colour of any usurped authority is a kind of destruction for when any thing is forbidden all that tends to it is also forbidden and it is saith he the worst oppression that is done by colour of justice See also Lib. 10. fo 74. in the case of the Marshalsea oppression and an absolute destruction of the very fundamentall Lawes of England the bare endeavouring of which cost the Earl of Strafford his head And what the doome of him is that destroyes the fundamentall Lawes of the Land I shall give you out of the very words of your own friend Mr. St. Iohn in his Argument of law concerning the Bill of Attainder of high Treason of Thomas Earl of Strafford at a conference in a Committee of both Houses of Parliament printed by G. M. for John Bartlet at the signe of the gilt Cup neer St. Austins Gate in Pauls Church Yard 1641 who in the 70. page thereof saith That the destruction of the Lawes dâ—ssolves the arteries and ligaments that hold the body together â—he that takes away the Laws takes not away the allegiance of one Subiect alone but of the whole Kingdome it was saith he made treason by the Statute of the 13. El. for her time to affirme that the Lawes of the Realme doe not bind the discent of the Crowne no Law no descent at all No Laws saith he no Peerage no ranks or degrees of men ††And therefore you with your dealings with me that am meerly a free Commoner of England and so not in the least under your Marshall Discipline but solely and only under the discipline of the known declared and established Lawes of England by your arbitrary tyrannicall actings upon me have absolutely as much as in you lyes destroyed the fundamentall Lawes of England and therefore are as absolute Hedge breakers and Levellers as ever were in this Kingdome the same condition to all It 's treason to kill a Iudge upon the Bench this kills not the Iudge but the Iudgement And in page 71. he saith Its felony to imbezell any of the Iudiciall Records of the Kingdome this viz. the destruction of the law sweeps all away and from all It s treason to counterfeit a twenty shilling piece here is a counterfeiting of the Law we can call 〈◊〉 the counterfeit not the true coyne our own It s treason to counterfeit the great Seale for an Acre of Land no property hereby viz. the destruction of the Law is left to any Land at all nothing treason now either against King or Kingdom no law to punâ—sh it And therefore I advise you as a friend to take heed that you goe no further on in your illegall arbitrary tyrannicall and law-destroying practises with and towards me least when for your own lives you claime the benefit of the Law you be answered in the words of your foresaid friend in pag. 72. That he in vaine calls for the help of the Law that walkes contrary unto Law and from the Law of like for like he that would not have others to have law why should he have any himself why should not that be done to him that himself would have done to another it is true saith he Ibid. we give law to Hares and Deers because they be beasts of chase but it was never accounted either crueltie or foule play to knock Foxes and Wolves on the head as they can be found because these be Beasts of Prey the Warrener set traps for Poulears and other vermin for preservation of the Warren And in pag. 76. he saith in the 11. R. 2. Trisilian And some other attainted of treason for delivering opinions in the subvertion of the Law and some other for plotting the like * * Read also to this purpose Mr. Iohn Pyms Speech against the Earle of Strafford the 12. of April 1641. printed for Iohn Battler but especially p. 5. 6. 8. 9. 13. 18. 23. 24. But if you shall object that you deale with me as you are a Generall and Officers of an Army by Marshall Law for endeavouring to make mutinies or tumults in your Armie or by biâ—â—â—ing and defaming your reputations and so drawing your Soldiers from their affection and obedience unto you I answer in the first place there can in this Kingdome be no pretence for Martiall Law but when the Kingdome is in a generall hurly burly and uproare and an Armie or Armies of 〈◊〉 enemies in the Field prosecuting with the sword the destruction of the whole and thereby stopping the regular and legall proceedings of the Courts of Iustice from punishing offenders and transgressors But now there being no Armie nor Armies of declared enemies in the field nor moâ—â— prisons in the possessions of any such men nor no generall hurly-butlies and uproars by any such men in the Kingdome but all such as are visibly subdued and quieted and all Courts of justice open and free to punish offenders and transgressors and therefore even to the Armie is selfe and the Officers and Soldiers therein there is no reason or ground for exercising of Martiall Law much lesse over Commoners that are not under the obedience of the Army which is my case And that in time of peace there neither is nor can be any ground of exercising and executing of Martiall Law I prove out of the Petition of Right which was made in the third yeare of the present King and is printed in Pultons Collection of the Statutes at large fol. 1431 1432. * * And in the 1. 2. 3. pages before which expresly saith that by authority of Parliament in the 25. year of the Reign of King Edward the 3. it is declared and enacted That no man shall be forejudged of life or limb against the forme of the great Charter and the law of the land and by the said great Charter and other the lawes and Statutes of this Realme no man ought to be adiudged to death but by the law established in this Realm ††See the 9. H. 3. 29. 5. Ed. 3.9
arbitrary power like Turkish Janisaries In the rhird place I answer that it is against reason law conscience justice and equity to subject me at one and the same time or any other free Commoner of England under the sting and power of two distinct Lawes and such a bondage as is insupportable and such a snare of intanglement that no mans life whatsoever can be safe or secure under it that I shall be liable to be questioned and destroyed by the common Law of the Kingdome and then be at the wills of mercenarie Turkish Ianisaries in case the common Law will not reach me to be questioned and destroyed by an unjust arbitrary Martiall law and if it can be justly proved against me that I have made any tumults the Law and the ordinarie Courts of justice are open by which and by no other rules and proceedings J ought to be tryed and if it be said or can be proved that J have belied or scandalized the Generall to the taking away of his good name c. yet scandalum Magnatum is not to be tried by Martiall Law nor yet either by the House of Commons or the House of Lords but only alone now the Star-Chamber is down by an Action at cōmon Law ††As is cleare by the Statutes of 3. Ed. 1. 33. 37. Ed. 3. 18. 38. Ed. 3. 9. 42. Ed. 3. 3. 2. R. 2. 5. 12 R. 2. 11. 5. part Cookes reports pag. 125. 13. H. 7. Kelway 11. Eliz. Dier 285. 30. Affiz pla 19. Liev. Col. John Lilburnes Grand Plea of 20. October 1647. pag. 7. 8. by a Jurie of my equals no where else it being a Maxime in Law That wher remedy may be had by an ordinary course in law the party grieved shall never have his recourse to extraordinaries * * See Vox Plebis pag. 38. Lievt Col. Jo. Lilburnes Anatomie of the Lords Tyranny pag 10. And besides for you to proceed with me and to be both Parties Jury and Iudges is a thing that the Law abhorres ††See 8. H. 6. fol. 21. Eliz. Dier 220. Dr. Bonhams case 8. part of Cooks Repots and Lievt Col. Jo. Lilburnes grand Plea pag. 10. In the fourth and last place J answer that the Parliament it selfe neither by Act nor Ordinance can justly or warrantably destroy the fundamentall liberties and principles of the common Law of England * * See Mr. Henry Martins answer to the Scotchpapers called the Independency of England at the last end it being a maxime in law and reason both That all such Acts and Ordinances are ipso facto null and void in law and bind not at all but ought to be resisted and stood against to the death But for them to give you a power by Marshal Law or under any other name or title whatever by your arbitrary tyrannicall wills without due course and processe of Law to take away the Life or Liberty of me or any free Commoner of England whatsoever yea or any of your own Souldiers in time of peace when the Courts of Iustice are all open and no visible declared enemie in Armes in the Kingdome ready to destroy it is an absolute destroying of our fundamentall Liberties and a rasing of the foundation of the Common Law of England ††But besides all this I doe confidently believe that the Parliament never gave power unto the Generall since the wars ended to execute Martiall Law neither doe I believe that some chiefe Executors of Martiall Law have any Legall Commission from the Parliament who never that I could heare of ever gave power unto the Generall of himself to make generall Officers and besides all the Parliament men that are Officers in the Army were as I have been groundedly told formerly taken off by an Ordinance of both Houses which was never repealed since And therfore such a power of Arbitrary Marshall Law cannot justly by the Parliament in time of peace c. be given unto you nor if it were be justly or warantably executed by you And besides both houses themselves by an Ordinance unlesse they alter the whole constitution of this Kingdome can take away the life of no free Commoner of England whatsoever especially in time of peace And therefore that which is not within their owne power to do they cannot by an Order or Ordinance grant power to Sir Thomas Fairfax c. to do it being a Maxime in nature That beyond the power of being there is nor can be no being But it is in the power of the Parliament or the two Houses or the House of Commons themselves as the present constitutions of this Kingdome stands either by Order or Ordinance to take away the life of any free commoner of England * * See Sir E Cooks 2 part institut fo 47 48. 3. part fol. 22. and 4. part fol. 23. 25. 48. 291. all of which bookes are published for good law to the Kingdom by 2. speciall Orders of the present House of Commons as you may read in the last pa. of the second part institut see also the Petition of Right And therefore they cannot by an Ordinance or Order especially in times of peace give power to Sir Thomas Fairfax by Marshall Law unlesse they totally alter the Constitutions of the Kingdome to take away the life or lives of any free Commoners of England which all Souldiers are as well as others ††See the Armies Declaration of the 14. Iune 1647. Book of their Declarations pag. 39. and their Letter from Royston to the Lord Mayor of London of the 10. Iune 1647. which the Printer hath neglected to print in their book of Declarations * and therefore it is absolute murther in the Generall and the Councell of Warre now to shoot to death hang or destroy any Souldier or other Commoner what ever by Marshall Law for which they may be indicted at the Kings Bench barre And therefore J doe the third time as a friend advise you to cease your illegall arbitrary tyrannicall Marshall Law proceedings with me that am no Souldier and so not under the least pretence of your Marshall Iurisdiction least in time to come you pay as deare for your arbitrarie illegall proceedings with me as Sir Richard Empson and Mr. Edward Dudley Iustices did who as Sir Edward Cook declares in his 2. and 4. part of his Institutes where very officious and ready to execute that illegall Act of Parliament made in the 11. H. 7. cap. 3. which gave power unto Iustices of Assize as well as Iustices of the Peace without any finding or presentment by the verdict of twelve men being the ancient birth-right of the Subject upon a bare information for the King before them made to have full power and authority by their discretions to heare and determine all Offences or contempts committed or done by any person or persons against the form ordinance
of God or England no plea can save their lives in any one of whose condition in the eye of the Law to be tyed to live in England that had a hand in that mans willful murder I would not be for al the gold in England and let me without contempt give this advice to the two great forementioned Nimrods of the Army whose present power is bent to suppresse our fundamental laws and liberties and to build up and establish the highest of Tyranny and protect Tyrants to turne over a new leafe and turne honest if they have any graines thereof left with in them and bend not their parts and power to plead for and protect the present tyrannicall House of Lords in their unjust usurpations and to destroy me in my unjust imprisonment which I know is only continued by their power and meanes for doing my duty to my selfe country and posterity to oppose them therein least they necessitate and compell me for the preservation of my selfe wife and children to finde out a man that shall dare in the hight of all there unlimited potency and unbounded greatnesse to indict them both for murderers at the Kings bench barre or elsewhere and shall dare to indict the Iudges for perjury c. if they shall dare to obey any command in England that shall command them not to doe iustice and right in that particular And now O unworthy and dishonourable Cromwell that I averre and will justifie to thy face that brought and drew me into my first contest with the Earle of Manchester and when thou hadest served thy ends of me viz. to helpe to pull him downe from his Major Generall-ship left me in the Bryers to be worried and torne in peeces by him and now keepest me in Prison to the apparent hazard of my totall destruction by thy power and influence for being true to those principles of reason truth and iustice that I will iustifie to thy face thou wast as high in as my selfe when thou engaged me against Manchester the Earle of Essex c. though now thou art visably and desperatly apostatized from them to thy shame eternall dishonour be it spoken but seeeing as my owne soule tells me by thy meanes I cannot get one dram of iustice at the hands of the House of Commons upon my complaint against the prest he tyrannicall usurping house of Lords I here proclame an open defiance to thee as a professed enemy to the fundamentall lawes and liberties of my native country to doe the worst thou came to me a man in some sence almost devoured by the Tyranny of thy fellow grand Tyrants in England under which I have transendantly suffered this cleaver yeares together and therefore seeing that thou and the rest of thy Tyrannicall confederates in the present house of Lords and there 〈◊〉 Speaker Sr. John and Nat. Fines c in the house of Commons necessituously compells me to 〈…〉 â—â—â—dent straits and extremities as you do and 〈◊〉 all my own subsistance from me * For the Parliament owes me for my just arreares the greatest part of a 1000. pound and my Ordinance for 2000. l. reparations against my uniust Star-chamber Iudges hath layd dorment in their house this two yeares although since then I know severall of there owne Members to whom out of the publique money they have given 5000 l. a peece unto that I wil upon the losse of my life evidently make it good never suffered one hundreth part of that which I did before this Parliament and yet I am told some of them have received all there 5000. pounds yet according to Law the iust custom of the Tower where am Prisoner wil not allow me a subsistance according to my quality out of the publique treasure or those that most vniustly and illegally committed me by meanes of which in the eye of reason I am likely shortly to perish and be destroyed yet in these great straits in the might and strength of God I say to thee O Cromwell with an undaunted resolution as the the three children did to that grand Tyrant Nebuchad-nezzar when he was ready to throw them into the hot fiery furnace O Cromwell I am not carefull for all thy greatnesse to tell thee thy owne and to let thee to know that the God whom I serve is able to deliver me from thy power and greatnesse But if not be it known unto thee O Cromwell that I will not serve thee nor worship or stand in feare of thy tyrannicall power or that golden or painted Image the present House of Lords which in thy Imaginations and fancy thou hast lately set up that so in time thou mayest be one thy selfe Now upon these Pleas and Protestations of the forementioned honest men comming so thick upon them with the gallant and heroicall carriage of divers of the other prisoners at Windsore with the late thunders of Mr. Sidgwick and precious Mr. Saltmarsh these new Tyrants the Grandees had such a curb put into their mouth that it so stopped the furiousnesse of their bloody and murthering Carreare that they were as my often Intelligence gives me to understand confounded and amazed amongst themselves and therefore set their Imps and underhand pentionary Agents at worke to perswade the honest Agent Prisoners to close in love and union with some litle kind of though it were but seeming reluctancy of spirit †And then they and some of there Pencionary Imps lyingly get their Diurnall Mercuries to print to the view of the whole Kingdome that they all had acknowledged their faults and cry'd peccavie when as some of them that are named in the Diurnall so to doe have told me that it is the falsest lye in the world for they never did any such thing but ever did and still doe abhorre the thoughts of such a base and wicked acknowledgement and then the Generalls almightinesse in whom those ficosantising Grandees place as great an omnipotency as ever the Courtiers or Cavialeers did in the King the more to serve their wicked and desperate ends for this I dare confidently say if his Excellency would not let his Creator Cromwell rid him he should shortly and as fearcely charge him with as impeachment of Treason and breach of trust as ever he did the Earle of Manchester by meanes of which his Lordship hath of lare been very raâ—e and gentle to his greatnesse Lievt Gen. Cromwell should pardon all their iniquities and passe by all their transgressions and forthwith one of Ahabs fosts is called that so they may more closely and cowardly smite with the fist of wickednesse that being too much the apparent end of all their howling lamentations Which God amount but mockings unto him and without amendment of wayes and doing justice and iudgement reliving the afflicted and oppressed and breaking all the heavie yoaks are odious and abominable in his sight Esay â—8 4 5 6 7. and Micah 5 6 7 8. And after the fist which was by
for if I must dye by yours and the Lords murthering oppression I am resolved if I can helpe it I will not dye alone nor in a corner in silence Therefore helpe me unto my owne to leave subsistance unto my Wife and Children that they may not beg their bread when I am dead and gone And if nothing but my blood will serve my cruell adversaries if they be men I challenge the stoutest of them in England 〈◊〉 unto hand with his sword in his hand like a man to put a period to my dayes being ready to â—nswer any man in England Lord or Commoner that hath any thing to lay to my charge Either First as a rationall man Or Secondly as a resolved man Or Thirdly as an English man In the last of which I shall desire no more favour then every Traytor Rogue or Murtherer that is arraigned for his life at Newgate Sessions injoyes viz. the benefit of the declared known law of England And so at present I rest Your oppressed friend that loudly cryes out to you for iustice and right Iohn Lilburne From my most illegall starving and murthering tyrannical imprisonment in the Tower of London this 23. Novem. 1647. going into the eight yeare of my fruitlesse expecting justice from the deafe and hard hearted house of Commons Be pleased to take notice that divers hundreds of this halfe sheete of paper I delivered the day of the date of it to the Parliament mens own hands at their doore and the Soldiers and the by Standers and while I was delivering them at there doore out came Mr Iohn Ashe the clothier to me a man that hath fingered about ten thousands pounds for his pretended losses of the States mony besides what he hath got as Chair man to the Committe for composition at Gold-Smiths Hall which if common fame be not a lyar hath been largely profitable to him as well as other of the like places are said to be to others of his bespoted bretheren and told me to this effect that he had formerly honoured me for my great sufferings but I had of laâ—â— Ioyned with David Ienkins to destroy this Parliament which he was pleased to say was the bases and foundation of the peace and being of this distressed Common-wealth for which I very well deserved to be executed as he said unto which with a good resolution I replyed having my back against their house doore to this purpose Sir I scorne your wordâ—s and charge of joyning with Iudge Ienkins or any other whatsoever either to destroy this Parliament or the Common wealth for I am the same man in principles that ever I was and as true to mine as Iudge Ienkins is to his though you and the most of the Members of your House be changed from yours Sir I tel you that before ever I see Judg Jenkins face I had law enough to deale with twenty such as you are though I confesse I have lost nothing in the particular by my acquaintance with him but have gained much by my imprisonment with him in the knowledge of the Law but Sir I retort your owne words back upon you and averre that it is you and such as 〈◊〉 are by that palpable injustice that so acted by you that will not only destroy this House but hazzard the totall distruction of the whole Kingdome for I my selfe have waited upon you seaven yeares for Iustice to my large expence but yet cannot obtain one dram of right from your hands although you can finde time enough to shaire the Common-wealths money amongst your selves by thousands and ten thousands wheras you say that I deserve to be executed I would have you to know I scorne your courtesie or mercy and desire you from me to tell your house that I am ready to answer the whole house or any particular Member in it according to the Law of the Kingdome at any barre of Iustice in England when and where they please without craving or desiring the least drame of favour or 〈◊〉 at their hands and here upon the Gentleman want away as though he had had a flee in his Eare. And by and by came out of the House an ancient man as I was told called Mr. Jenner and he rusly demanded where the man was that delivered those bookes one of which he had in his hand and I having my back fast against their doore and looking him full in the face told him after this manner that I was he that not only delivered them but also made them and would justifie them to the death saith he can you expect any good at our hands to give as such language as at the conclusion of it you doe unto which I replyed Sir I wish you had not given me too much cause by your delaying to doe me justice and right and tossing and tumbling â—â— as you have done from our Goale to another to give you a great deale 〈◊〉 whereupon hee departed and left me and I went on giveing away the aforesaid papers But now in regard I can neither obtaine law nor justice at the hands of the House of Commons either upon my Star-chamber Iudges nor yet upon nor against the present House of Lords most barbarous tyrannicall arbitrary and murdering dealing with me and seeing it is clearely discovered every day more then other and obvious in my apprehesion to every rational mans eye that the designe of the present seeming sanctified swaying faction which who they principally are I have named before is totally to subject the freemen of this Kingdome to vassaledge and slavery and subdue there fundamentall lawes and liberties by crushing in peeces arbitrarily and tyrannically euery cordial hearted and Noun-Substantive English man that dare peepe out in the least to owne his freedomes and liberties or stand for them thereby demonstrating that they have learned their lesson well from that old guided Fox the Lord Say whose maxime it is if he be not wronged that it is as dangerous to let the people know their liberties and freedomes as to let a stomackt Horse know his strength and therefore it is that my Lord and the rest of his new factionated Independents who in my Judgement are grown more tyrannicall already then either the Episcopalls of old or the late swaying Presbyterians have so many Beagles and Cur-dogg not only to sharlar but to bite the shins of every man they can find out that dare presume to write print or publish any light or information to the people and if they hold on but a little longer as they have begun it is to be feared they will make it death as the great Turke doth for any man to keep a printing presse And seeing they have in my eyes laid aside the studying the Gospell of truth and peace or practising any thing that is commended by it and are totally studying and practising of Machievell and are closing and dabbing with the interest of the publique Priests to make the publique pulpits sound forth
times a year and more often if need be Also there shall be assigned good and lawfull men in every County to keep the peace And at the time of the assignments 33. Ed. 1 30. 20. Ed. 3. 6. Fitz. N. B. fo 251. 1. Ed. 3. 16. 18. Ed. 3. â— 34. Ed. 3. 1. 13. R. 2. 7. mention shall he made that such as shall be indicted or taken by the said keepers of the Peace shall not be let to mainprise by the Sheriffes nor by none other ministers if they be not mainpernable by the Law Not that such us shall be indicted shall not be deliveâ—ed but at the Common Law And the Iustices assigned to deliver the Gaoles shall have power to deliver the same Gaoles of those that shall be indicted before the keepers of the peace And that the said keepers shall send their indictments before the Iustices and they shall have power to inquire of Sheriffes Gaolers and other in whose ward such indicted persons shall be if they make deliverance or let to mainprise any so indicted which be not mainpernable and to punish the said Sheriffes Gaolers and others if they doe any thing against this Act. The 4. of Ed. 3. Ch. 10. fol. 122. Sheriffes Gâ—olers shal receive offenders without any thing taking ITem whereas in times past Sheriffes and gaolers of Gaoles would not receive theeves persons appealed indicted or found with the maner taken and attached by the Constables and townships without taking great fines and ransomes of them for their receit whereby the said Constables and Townships have been unwilling to take thieves and felons because of such extream charges and the theeves and the felons the more incouraged to offend It is inacted that the Sheriffes and Gaolers shall receive and safely keep in prison from henceforth such theeves and felons 3. E. 1. 26. 11. Ed 4. fol. 4. 32. H 6 10. by the delivery of the Constables and townships without taking any thing for the receipt And the Iustices assigned to deliver the Gaole shall have power to heare their complaints that will complain upon the Sheriffes and Gaolers in such case and moreover to punish the Sheriffes and Gaolers â—f they be found guilty The 4. of Edward the 3. Chap. 14. fol. 122. A Parliament shall be holden once every yeare ITem it is accorded that a Parliament shall be holden every yeare once and more often if need be Stat. 36. â—d 3. 10. The 14. of Edward the 3. Chap. 5. fol. 133. Delayes of iudgement in other Courts shall be redressed in Parliament ITem because divers mischiefes have hapned for that in divers places as well as in the Chancery as in the Kings Bench the common Bench and in the Eschequer before the Iustices assigned and other Iustices to heare and determine deputed the judgements have been delayed sometime by difficulty and sometime by divers opinions of the Iudges and sometime for some other cause It is assented established and accorded that from henceforth at every Parliament shall be chosen a Prelate two Earles and two Barons which shall have commission and power of the King 2 H. 7. fo 19 22. Ed. 3. fo 3. to heare by petition delivered to them the complaints of all those that will complain them of such delayes or grievances done to them and they shall have power to cause to come before them at Westminster or else where the places of any of them shall be the â—â—nor of records and processes of such judgements so delayed and to cause the same Iustices to come before them which shall be then present to heare their cause and reasons of such delayes Which cause and reason so heard by good advice of themselves the Chancellor Treasurer the Iustices â—f the one Bench and of the other and other of the Kings Councell as many and such as they shall thinke convenient shall proceed to take a good accord and make a good judgement And according to the same accord so taken the tenor of the said record together with the judgement which shall be accorded shall be remanded before the Iustices before whom the plea did depend And that they hastily goe to give judgement according to the same record And in case it seemeth to them that the difficultie be so great that it may not well be determined with out assent of the Parliament that the said tenor or tenors shall be brought by the said Prelates Earles and Barons unto the next Parliament and there shall be a finall accord taken what judgement ought to be given in this case And according to this accord it shall be commanded to the Iudges before whom the plea did depend that they shall proceed to give judgement without delay And to begin to doe remedy upon this ordinance It is assented that a commission and power shall be granted to the Arch-Bishop of Canterbury the Earles of Arundell and Huntington the Lord of Wake and the Lord Raise Basset to endure till the next Parliament And though the ministers have made an oath before this time yet neverthelesse to remember them of the same oath It is assented that as well the chancellor treasurer keeper of the privie seale the Iustices of the one Bench and of the other the Chancellor Barons of the Eschequer as the Iustices assigned and all they that doe meddle in the said places under them by the advice of the same Arch-Bishop Earles and Barons shall make an oath well and lawfully to serve the King and his people And by the advice of said Prelate Earls and Barons be it ordained to increase the number of Ministers when need shal be them to diminish in the same manner And so from time to time when officers shal be newly put in the said offices they shal be sworn in the same maner St. 27 El. 8 Regist fo 17. Rast Pla. fo 30â— The Oaths of the Iustices being made Anno 18. Ed. 3. Anno Domini 1344. fol. â—44 YE shall sweare that well and lawfully ye shall serve our Lord the King and his people in the office of Iustice and that lawfully ye shall councell the King in his businesse and that ye shall not councell nor assent to any thing which may turne him in damage or disherison by any maner way or colour And that ye shall not know the damage or disherison of him whereof ye shall not cause him to be warned by your selfe or by other and that ye shal doe equall Law and execution of right to all his subjects rich or poore without having regard to any person And that ye take not by your self or by other prively nor apartly gift nor reward of gold nor silver not of any other thing which may turne to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall so be hanging nor after for the same cause And that ye take no see