death and incurre the forfeitures of his Goods and Chattells Lands Tenements and Hereditaments of any estate of free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than be or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heires and Successors others then the said Earl and his Heires and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Session of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been Now after these small collection of Statutes I shall give you some generall heads of things that I conceive are very necessary for you to know for the preservation of your lives liberties and estates in this murdering robing plundering and law and liberty destroying age and because tythes are of such concernment to al the honest nown substantive free men of England and so dayly a grievance to the conscientious and moral iust men of this Kingdome by reason of the Priests and persons coveteous indeavouring to rob the people of there truly come by goods which they have no right unto either by the Lawes of God reason equity or nature against which that you may be the better fortified I shall insert here the plea and answer of William Browne unto the bill of the parson of Stepny with some marginall notes upon it and some other things depending upon it The plea thus followeth The Plea answer of William Brown one of the defendants to the Bill of complaint of Josuah Hoyle intituled by the said bil Doctor of Divinity and vicar of the Parochiall church of Stepney alias Stichen heath in the County of Midlesex pretended debtor to the Kings Majesty that now is THe said defendant by protestation not confessing nor acknowledging any thing in the said bil of coÌ„plaint material against the said defendant to be true but rather devised set forth of purpose to put him this defendant to wrongfull vexation costs and charges and expences in Law for plea saith that by the plantifes own shewing forth the complainant hath no just cause to sue this defendant upon his said bill in this honouable Court neither is this defendant compellable to answer the same for that the said complainant by his said bil alleadgeth and saith that there is and time out of minde where of the memory of man is not to the contrary hath been an ancient custome and usage that the inhabitants of the said parish have alwayes paid unto the Vicars of the said parish for the time being a composition rate for milch Cowes orchards gardens lands and sowes and oblations of poultry as in the said bil of complaint is set forth which if any such custome and usage be the same is triable at the COMMON law ††This is a mistake of the councell that drew the plea for tythes by the statute law of this Kingdome are only recoverable in the ecclesiasticall courts and not at the common law as fully and clearly appeares by the 1 of Ed. 6. chap. 13. and the ecclesiasticall Iurisdiction is totally abolished by act of Parliament this present Parliament anno Caroli Regis 17. so that by law the Parsons can recover no tythes and not in this honourable Court upon the said bill of Complaint And therefore this Defendant humbly prayeth judgement of this honourable Court whether he shall make any further answer to the said complainants Bill of Complaints Neverthelesse if he this Defendant shall be ordered to make any further or other answer unto the said Complainants Bill of Complaint then and not otherwise this Defendant all benefit and advantage of exception to the uncertainties insufficiencies of the said Complainants said Bill still to this Defendant now and at all times hereafter saved for further answer thereunto this Defendant saith That he verily beleeveth it to be true that for some hundred of yeares while the Kingdome groaned under the Papall yoake and was subiect to the Popes supremacie Tyths and certaine manner of Tything and other oblations were exacted and taken by the PAPALL Biâ—hops Parsons Vicars and Curates of many Parishes and of a great part of this Kingdome untill â—he Popes supremacie and iurisdiction within this kingdome and all appeale to the sea of Rome were abrogated and annulled by divers severall Statutes * * Penalty for maintaining the authority of the Bishop of Rome 5. Eliz. chap 1. Penalty to draw any subjects from their â—bedience to the King to the Roman religion Idem And this Defendant verily beleeveth that the Popish Bishops Parsons and Vicars and their substitutes since retained and continued in the Church of England did afterwards receive and take tythes and certain manner of tything and other oblations of several parishes within this kingdome for their wages Cure and reading the Book of Common Prayer †And this Defendant saith â—hat the said Inhabitants of the said Parish in the said bill mentioned or any of them did never â—ay or were ever accustomed to pay unto any Vicars of the said parish the said composition for milch Cowes Orchards Gardens Lands and Sowes or other oblations as in the said bill is and set forth or any other composition or rate for the same but only to such Vicars thereof as were made and ordained Ministers by the Bishops some or one of them ††The names functions and stiles of Bishops are taken away Ord. 9. Octob. 1646. and their Episcopall iurisdiction and power with their tythes vicarages personages c. And what composition or rate for milch Cowes Orchards Gardens Lands or Sowes or other oblations the said Inhabitants or any of them did pay unto any of the said Vicars for the time being of the said parish in the said Bill mentioned since the abolishing of the Popes supremacie the same was payed for officiating reading the book of Common Prayer and administring the Sacraments
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
be named in the said Commissions shall be bound by force of this Statute to hold the said Sessions foure times in the yeare as the other Commissioners the which be continually dwelling in the Country but that they shall doe it when they may best aâ—ound it The 13. of Richard the 2. Chap. 6. fol. 225. How many Serieants at Armes there shall be and with what things they shall meddle ITem at the grievous complaint made by the Commons to our Lord the King in this Parliament of the excessive and superfluous number of Serjeants at Armes and of many great extortions and eppressions done by them to the people The King therefore doth will that they shall be discharged and that of them and other there shall be taken of good and sufficient persons to the number of thirty and no more from henceforth And more over the King prohibiteth them to meddle with any thing that toucheth not their office And that they doe no extortion nor oppression to the people upon pain to loose their office and to make a fine and ransome at the Kings pleasure and full satisfaction to the party The 20. of Râ—chard the 2. Chap. 3. folio 243. No man shall sit upon the Bench with the Iustices of Assise ITem the King doth will and forbid that no Lord nor other of the Country little or great shall sit upon the Bench with the Iustices to take Assises in their Sessions in the Counties of England upon great forfeiture to the King and hath charged his said Iustices that they shall not suffer the the contrary to be done The 2. of Henry the 4. Chap. 23. fol. 253. The fees of the Marshall of the Marshallsey of the Kings house ITem whereas the Marshall of the Marshallsey of the Court of our Lord the Kings house in the time of King Edward grand father of our Lord the King that now is and before was wont to take the fees which doe hereafter follow that is to say of every person that commeth by Capias to the said Court foure pence and if he be let to mainprise till his day two pence more and of every person which is impleaded of trespasse and findeth two mainpernors to keep his day till the end of the plea to take for that cause two pence of the defendant and of every person committed to prison by judgement of the Steward in whatsoever manner the same be foure pence of every person delivered of felony and of every felon let to mainprise by the Court foure pence which fees were wont to be taken and paid in full Court as the King hath well perceived by the complaint of the said Commons thereof made in the said Parliament The same our Lord the King to avoid all such wrongs and oppressions to be done to his people against the good customes and usages made and used in the time of his progenitors by the advice assent of the Lords Spiritual Temporal at the supplication of the said Commons hath ordained and established that if the said Marshall or his Officers under him take other fees then above are declared that the same Marshall and every of his Officers shall loose their Offices and pay treble damages to the party greeved and that the party greeved have his suit before the Stewards of the said Court for the time being Also it is ordained and established that no Servitor of Bills that beareth a staffe of the same Court shall take for every mile from the same Court to the same place where he shall do his service any more then one penny and so for 12. miles twelve pence and for to serve a Venire facias 12. homines c. or a Distringes out of the same Court the double And if any of the said Servitors of Bills doe the contrary he shall be punished by imprisonment and make a fine to the King after the discretion of the Stewards of the same Court and also be fore judged the Court and the same Steward shall have power to make proclamation at his comming to the said Court in every Country from time to time of all the articles aforesaid and thereof to execute punishment as afore is said 9. R. 2 5. The 4 of Henry the 4 Chap. 23. fol. 259. Iudgements given shall continue untill they shall be reversed by attaint or error ITem where as well in plea reall as in plea personall after judgement given in the Courts of our Lord the King the parties be made to come upon grievous pain sometime before the King himself sometime before the Kings Councell and sometimes to the Parliament to answr therof of new to the great impoverishing of the parties aforesaid and in the subversion of the Common law of the land it is ordained and established that after judgement given in the Court of our Lord the King 19. H. 6 fo 39. Dyer fo 315. 321. 376. the parties and their heires shall be thereof in peace untill the judgement be undone by attaint or by error if there be errors as hath been used by the Lawes in the time of the Kings progenitors The 5. of Henry the 4. Chap. 5. fol. 261. It shall be felony to cut out the tongue or pull out the eyes of the Kings liege people ITem because that many offenders doe daily heat wound imprison and maime divers of the Kings liege people and after purposely out their tongues or put out their eyes It is ordained and stablished that in such case the offenders that so cutâ—eth tongues or puts out the eyes of any the Kings liege people and that duly proved and found that such deed was done of malice prepensed they shall incur the pain of felony The 5. of Henry the 4. Chap. 10. fol. 263. Iustices of peace shall imprison none but in the Common Gaole ITem because that divers Constables of Castles within the Realme of England be assigned to be Iustices of Peace by Commission of our Lord the King and by colour of the said commissions they take people to whom they beare evill will and imprison them within the said Castles till they have made sine and ransome with the said Constables for their deliverance It is ordained and established Cook li. 9. fo 119. that none be imprisoned by any Iustice of the Peace but only in the common Gaole Saving to Lords and other which have Gaoles their franchise in this case Now comes in some Statutes of palpable Bondage about chusing Parliament men c. The first I shall give you is the 1. of Henry the 5. Chap. 1. fol. 274 What sort of people shall be chosen and who shall be the choosers of the Knights and Burgesses of the Parliament FIrst that thâ— Statuts of the election of the Knights of the Shirs to come to the Parliament be holden and kept in all points adioyning to the same that the Knights of the Shires which from henceforth shall be chosen in every Shire be not chosen unlesse they be
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
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
of their neighbours and of other untill they had amends and fines at their own pleasure And further some of them would not be iustified by the Kings Officers nor would suffer them to make delivery of such distresses as they had taken of their own authority It is provided agreed and granted That all persons as well of high as of low estate shall receive Iustice in the Kings Court And none from henceforth shall take any such revenge or distresse of his own authority without award of our Court though be have dammage or iniury whereby he would have amends of his neighbour either higher or lower And upon the foresaid Article it is provided and granted that if any from henceforth take such revenges of his own authority 11. H. 4. fo 2. 47. Ed. 3. fo 7. 18 Ed. 3. fo 48. 41. Ed. 3. fo 26. 17. Ed. 3. fo 9. without award of the Kings Court as before is said and be convict thereof he shall be punnished by fine and that according to the trespasse And likewise if one neighbour take a distresse of another without award of the Kings Court whereby he hath damage he shall be punished in the same wise and that after the quantitie of the trespasse And neverthelesse sufficient and full amends shall be made to them that have sustained losse by such distresses Chap. 2. None but suiters shall be destrained to come to a Court. MOreover none of what estate so ever he be shall distrain any to come to his Court 41. E. 3. fo 26 47. E. 3. fo 7. Fitz. Barre 281. which is not of his Fee or upon whom he hath no Iurisdiction by reason of Hundred or Bayliwick nor shall take Distresses out of the Fee or place where he hath no Baliwick or Iurisdiction And he that offendeth against this Statute shall be punished in like manner and that according to the quantitie and qualitie of the Trespasse 3 Ed. 1. 16. Regist fo 97. Chap. 3. A Lord shall not pay a Fine for distraining his Tenant IF any of what estate soever he be will not suffer such Distresses as he hath taken to be delivered by the Kings Officers after the Law and Custome of the Realme or will not suffer summons Attachments or Executions of Iudgements given in the Kings Court Fitz. Rascous 20. Bro Trespas 16. 384. Fitz. Dan. 10. Fitz Heriot 5.5 H 7. fo 9.9 H 7. fo 14.10 H. 7. fo 2.10 Ed. 4. fo 7.9 H. 6. fo 20. Fitz. Trespas 196. S. Ed. 1.17 Fitz. N. B. fo 102. c. V. N. B. fol. 48. to be done according to the Law and Custome of the Realme as is aforesaid hee shall be punished in manner aforesaid at one that will not obey the Law and that according to the quantitie of the Offence And if any of what estate soever he be distrain his Tenant for Services and Customes being due unto him or for any other thing for the which the Lord of the Fee hath cause to distraine and after it is found that the same services are not due the Lord shall not therefore be punished by Fine as in the cases as foresaid if he doe suffer the Distresses to be delivered according to the Law and Custome of the Realme but shall be amerced as hitherto hath been used and the Tenant shall recover his damages against him Chap. 4. A distresse shall not be driven out of the County And it shall be reasonable Fitz Barre 120. 275 Fitz. Distresse 1 2. 16. Fitz. Avowry 192. 30. Ass pl 38 29. Ed. 3 fo 23 Kel fo 50. 41. Ed. 3. fo 26. 29 Ed. 3. fo 24. 42. Ed. 3. fo 26. 3. Ed. 1. 16. 1. 2. Ph. M. 12. 51. H 3. 28. Ed. 1. 12. NOne from henceforth shall cause any distresse that he hath taken to be driven out of the County where it was taken And if one neighbour doe so to another of his own authority and without judgement he shall make fine as above is said as for a thing done against the Peace Neverthelesse if the Lord presume so to doe against his Tenant he shall be grievously punished by amerciament Moreover Distresses shall be reasonable and not too great And he that taketh great and unreasonable distresses shall be grievously amerced for the excesse of such distresses Regist fo 97. Rast pla fo 216. Regist fo 98. 183. St. 9. Ed. 2. 9 Fitz. N. B. fo 90. 173 Co. lib. 8. fo 60. 7. H. 7. fo 1. 22. Ed. 4. fo 49. Fitz. Barre 281. Fitz. Trespas 188. Fitz. briefe 511. 842. Fitz. Avowry 87. 221. 231. Chap. 15. fol. 20. In what places Destresses shall not be taken IT shall be lawfull for no man from henceforth for any manner of cause to take Distresses out of his Fee nor in the Kings high way nor in the common street but only to the King or his Officers having speciall authority to doe the same Chap. 20. fol 21. None but the King shall hold plea of false Iudgement NOâ—e from henceforth except our Lord the King shall hold in his Court any Plea of false judgement Fitz. Faux Iudgment 7 8.10 14 26.1â— Ed. 3. ch 6. given in the Court of his Tenants For such Plea specially belongeth to the Crown and Dignitie of our Lord the King Regist fol. 15. V. N. B. fo 16. Fitz. N. B. fo 17. Rast pla fo 342 Coke pla fo 305. Chap. 21. fol 21. who may take Replevins of Distresses Dyer fo 245. Bro. Riots 2â—3 Bro. Parl. 108 Fitz Return de Viscount 17 Co. Inst 145 b. 3. Ed. 1 ch 17. Fitz. N B fo 68. V. N B. fo 44. IT is provided also that if the Beasts of any man betaken and wrongfully withholden the Sheriff after complaint made to him thereof may delâ—ver them without 〈…〉 gainsaying of him thaâ— tooke the Beasts if they were taken out of Liberties And if the Beasts were taken within any Libertie and the Bailiffes of the Libertie will not deliver them then the Sheriffe for default of those Bailiffes shall cause them to be delivered Regist fo 82. c. The 3. of Edward the 1. Chap. 17. fol. 27. The remedie if a destresse be impounded in a Castle or Fortresse IT is provided also that if any from henceforth take the Beasts of other and cause them to be driven into a Castle or Fortresse and there within the close of such Castle or Fortresse doe withhold them against gage and pledges whereupon the beasts be sâ—lemnly demanded by the Sheriff or by some other Bailiffe of the Kings at the suit of the plaintiffe the Sheriffe or Bailiffe taking with him the power of the â—here or Bayliwck doe assay to make Replivin of the Beasts from him that took them or from his Lord or from other being servants of the Lord whatsoever they be that are found in the place whereunto the beasts were chased if any deforce him of the deliverance of the Beasts or that no man be found for the
That the government of the Army by Law Marshall is only necessary when the Kingdome is invaded by a forraign enemie or in a generall hurly burly in it self being ready to march against a declared professed enemie ready to destroy it with fire and Sword and thereby shut up the legall administration of iustice upon Transgressors and Offenders in the ordinary course thereof But now there is no forraigne enemie upon the march against England nor no generall Hurly Burly in the Kingdome by professed and declared enemies against the peace thereof ready to destroy it with fire and sword but all at the present is visibly in peace and quietnesse and the Courts of iustice all open to punish all manner of offenders whatsoever yea Souldiers in Armes that have taken the States pay * * For whom the Statute law in such a condition hath appointed punishments to be inflicted upon them in the ordinary Courts of iustice either for false musters cheating the Soldiers of their pay or for lucer giving them leave to depart or for the Souldiers going from their Cullours without lawfull leave or for imbeasing Horse or Armes c. See the 18. H. 6. 19. and 2 and 3. Ed. 6. 2. and 4. and 5. P. and M. chap. 3. and 5. Eliz. 5. and 5. Iames. 25. who only in times of peace as this is are solely to be punished by the rules and proceedings of the known and declared law of England and by no other rules whatsoever And therefore it being now time of peace there is no need of Marshall Law neither can your Excellency nor any other under you upon any pretence whatsoever derived from any power whatever execute it upon paine of being esteemed and iustly iudged to be absolute executers of an Arbitrary and tyrannicall power and grand destroyers of our Lawes and liberties and so in time may receive the Earle of Straffords doome one of whose principall crimes I understand was That he in Ireland in time of peace when he was Generall of an Army on foot shed the blood of Warre by executing a Souldier by Marshall Law when the Courts of iustice were open And therefore I doe absolutely protest against the name and power of your pretended Court Marshall And doe further declare that I iudge my self bound in conscience with all my might power and strength both by words actions and gestures now I know so much as I doe to oppose as the case now stands all Marshall Courts whatsoever and to judge my self a Traytor to the lawes and liberties of England if I should doe any action that might but seeme to support or countenance that law and liberty destroying power of Marshall Law and can neither esteem nor iudg him an honest iust truobred English man that now hereafter so much in print being declared against it either executes it or stoops unto it So with my humble service rendred to your Excellency I commend you to the tuition of the just and powerfull God and rest From my uniust captivity and imprisonment in Windsore which is both against the Law of England and our Agreement at New Market the 4. and 5. Iune last this 20. of Decemb. 1647. Your honours faithfull servant and Souldier to the death so you turn not the mouth of your own Cannons against me to destroy me Iohn Crosseman The forementioned Letter or Plea of Captain John Ingram thus followeth To his Excellency Sir Thomas Fairfax these present May it please your Excellency I Was condemned the 20. Decemb. 1647. by divers Officers assembled together in the manner of a Court Marshall for speaking before them my own Conscience and judgement with sobernesse about Maior Cobits businesse Now in justification of my self I must declare unto your Excellencie that in all Councells whatsoever the members thereof ought without check controule molestation or feare of ruine and destruction freely to speak and declare the dictates of their iudgement and consciences And undoubtedly the denyall thereof would render all Councells whatsoever uselesse and vaine And it s no lesse then the hight of tyranny in any prevailing partie in a Councell to usurp such a power as by terrors censures or force to stop the mouths of those who are of different opinions and against whose arguments or saying they offer no reasons And it s no lesse against law and justice yea the common light of nature for the members of that Councell who were the only offended parties to assume to themselves to be prosecutors witnesses Iury and Judges as they did in my case And therefore I am resolved in the strength of God never to betray my innocencie by acknowledging an offence according as the censures of my accusers require when my conscience beares me witnesse that as in the fight of God I did my duty so I doe freely declare that I am still clearely satisfied That since our association by mutuall Ingagement at New-Market to stand as free Commons of England for common right and freedome And since our constituting a new Councell to be our directer in the manner of prosecuting those publique ends of justice right and freedome there is no assembly but that new constituted Councell only which is a competent Iudge of the Actions of any Member in the Armie and in his prosecution of the ends aforesaid And of this nature I conceive was Maior Cobits case ††Whom those godly pious and righteous Gentlemen of the Councell of Warre tryed for his life for no other crime but for his honesty in prosecuting that just paper called The Agreement of the People and his life was saved but by two voices O malicious and bloody men And I must further declare that I am not only willing but I account it my honour to be under your Excellencies conduct so long as you shall act according to the first principles manifested in the Commission received from your Excellency according to the publique declaration of the Souldiery upon Triplo Heath for Iustice Iustice And according to the Solemn Ingagement neither shall any man be more obedient to your Excellencies commands tending to those ends then my self But I must declare that I clearely apprehend the highest injustice of executing Marshal Lawe in time of peace those lawes are appointed for cases of necessity and extremitie when the Armie is marching against an enemie and it s then only justifiable either because other Courts of justice are not open or there cannot be a timely prosecution of offenders in those Courts But when all other Courts of justice are open and no enemie in the field to obstruct a free accesse to them and when every Souldier is punishable in those Courts and by the known lawes of the land for any crime or offence I conceive common justice dictates Marshall Lawes to be null otherwise two Courts not subordinate each to other claiming the iurisdiction over a Souldier supposedly offending when the Known Lawes shall have acquitted him he may suffer by the will
their Diurnall Mercuries sufficiently blown and sounded over London to salve up their own reputations and credits which than was very much blasted and to preserve their own lottering greatnesse the tumbling down of which they were afraid of by the great Hatchers the Scoth strook at their roots with in their thundring discourse for the King and his answering of the lare 4. bills before they were sent him both of which were seâ—â—â—all demonstrations to high and mighty Cromwell and Ireton that the Scots would on this them and get away their late admired and doâ—â— upon darling the King from them †For opposing whose interest till the peoples liberties were first setled they sought the ruine and destruction of all those in the Army that appeared against it and then spoil all their expected Court greatnesse in wearing a welsh Gue Gue the George and a blew ribbin with the title of at least Earl of Essex and Lievtenant or Generall Field Marshall of Ireland and so perceiving thereby that the interest of the Scots was likely to be joyned with that of the Kings and so Royallisme and Presbytery would shortly swallow up forceable and factious Independency especially if the interest of the honest Nown-Substantive Levellers as the King their Quandum good Lord in his message left at Humpton Court when they sent him to the Isse of Whight lately christned them as he had severall times done the Parliament in his severall Declarations published the beginning of these warrs should not be indeavoured to be united to them againe that so now in their necessity and straights they might once againe make close stooles of them to shit in and when they had done to throw them behind the doore as formerly they had as unfit to remaine in their sight till they needed them againe And therefore to kill two birds with one stone upon their fast they release the prisoners as the mind of God when without doubt they had resolved it before as the only expedient to reinbalm their justly lost reputation And secondly as the only meanes to reimpinloante them into the good thoughts of those men they and their late royall friends lately christned Levellers and to add strength unto the last the two chiefe of the Grandees Cromwell and Ireton came to the Parliament to heighten them in their votes against the King because he had forsaken his first love and would not be content with that price that they would give him to let them reign and rule under him the which if he would have taken no doubt but he might have com'd in to have joyntly with them oppressed and rid the people but because it may be the Scots feared if he came in by the Grandees of the Army they and hee might joyn together to chastise them for all their old former provocations given unto both and therfore out of meer safety it may be to themselves outbid the Grandees to gaine the Kings affection at which they are mad and therefore to preserve their own greatnesse and to gaine if it be possible the lost affections of the honest Nown-Substantive English men they flie high both against him and the Scots that so they may if possible induce them to joyne with them in a new war which is their interest and trade without giving or offering unto the people the least valuable consideration for all the blood they have already lost and are more amply like to loose upon the ingaging in a new warre yea or intending them any which for my part I doe abhorre †Which is clearely evident by both their pleading and plotting for the supportation of the Lords usurped Legislative power which J will maintaine it against Cramwell and Ireton they have no more right to instrict justice then a thiefe and robber hath to apurse which he takes by force upon the high way which pretended Legislative power alone hath brought all the warrs upon this Kingdom for if they at first had concurred to the Ordinance of the Militia the King could never have been able to have raised an Army and to continue an arbitrary power for life and also hereditarily to their heires be they fooles or knaves is the greatest vassalage and bondage that can be therefore I say again down with them and shall disward and hinder by all the interest I have in England not to undertake unlesse the antient hereditary just and native right of all Englishmen indiffinently be particularly and clearly holden out unto them and secured with strong and good security that so Englishmen as Englishmen may be united and then when that is done my heart blood I will venture against any interest in the world that shall fight against it For to fight as hitherto we have done to pull downe own sort of Tyrants to set up another as bad if not worse then the former I think is the greatest madnesse in the world Now having at present done with the Grandees of the Army there being so much truly declared of them in that most notable book called Putney Proiects the truth of which the brazed lacest of their Champions dare not with his pen deny no not forsworne Lievtenant Edmond Chillington himself their choice darling that it here saves 〈◊〉 a labour But before I come to touch upon the arbitrary tyrannicall proceedings of the present House of Lords I shall first insert another piece of injustice which should have come in before of the Iudges in Westminster Hall from whose grose and habituated injustice ariseth the principall miserie of this Nation from age to age who immediately before this Parliament gave away all the estates of all the free men of England at one judgement to the King for by the same right he by his wil could by his ship-Ship-writs take six pence from us he may take all we have and by the same right he takes our estates he may take all our lives And if for that judgement they had all been hanged that had a hand in it as by the practice of this Kingdome in like or lesser cases Iudges hath been these that now survive them would have been wary so visibly to forsweare themselves by doing palpable iniustice as they doe For the fore mentioned learned Author Andrew Horne in his merror of justice pag. 238. devision 108. saith expresly That it is an abuse that Iustices and their Officers who kill people by their false iudgement be not destroyed as other murderers which King Alfred caused to be done who caused 44. Iustices in one year to be hanged as murderers for their false iudgements The case that I shall set down is Mr. Henry Moores my Quandum fellow prisoner in the Fleet and the most lamentable and deplorable unjust dealing of the Iudges with him you may briefly understand by his Petition which thus followeth To the Right Honourable the Lords and Commons assembled in both Houses of Parliament The Humble Petition of Henry Moore Merchant SHEWETH That whereas your Petitioner
in Hillary Tearm Anno 16. Caroli Regis after a verdict obtained a Iudgement in his Maiesties Court of Kings Bench of 7000. l. debt and 7. l. 12. d. dammages against Thomas Wright who afterwards was charged in execution for the same in the custodie of Sir Iohn Lenthall Knight then and yet Marshal of the said Court and the said Wright being so in execution for Composition offered your Petitioner above 2000. l. and security for the residue of the said debt all the same appearing to be true by Records and by proceedings in Chancery under the Great Seale of England but before any part thereof satisfied the said Sir Iohn Lenthall suffered the said Wright to escape out of Execution Your Petitioner therefore in Hillary Terme 17. Caroli Regis Ten dayes before the end of that Terme caused an action of debt to be brought for the said 7007. li. 12 d. at your Petitioners suit for the said escape and then filed a declaration against the said Sir Iohn Lenthall for the same But the said Sir Iohn to deprive your petitioner of the said debt and all remedie for the same 10 Trin. 18. Caroli Regis notwithstanding your Petitioner had severall Rules against Sir Iohn Lenthall for judgement upon his declaration so filed in Hillary 17. He the said Sir Iohn Lenthall procured an Order to be made by Sir Iohn Brampston Knight and Sir Thomas Mallet Knight in open Court that your petitioners Declaration filed in Hillary 17. should be filed as of Easter Tearme the 18. contrary to justice the law of this Kingdom the libertie of the Subjuct and the rules of the said Court as your petitioner is advised And for that your petitioners being so advised that the said Order doth utterly barre your petitioner of his said debt Your Petitioner severall times publiquely in Court and otherwise moved the Iudges to alter the same but could not prevaile as appeareth by the Order of the said Court and for that that notwithstanding your petitioner earnest solicitation for his judgement due by the rules of the said Court for the space of above foure yeares together and his great expence after 15. Orders made in the said Court the now Iudges of the said Court Mr. Iustice Bacon and Mr. Iustice Roll hath confirmed the same as appeareth by an Order by them made per Hillar 22. Caroli Regis now readie to be shewed In tender consideration of the premises that your petitioner according to the Law filed his declaration in Hillary 17. when the prisoner was escaped and at liberty and for that the said Iudges Order contrary to Law barreth your petitioner from prosecuting upon that declaration and bindeth your petitioner to file his declaration as of Easter terme 18. Caroli when the said Marshall aleadged that he had retaken the said prisoner again and that he was dead and that your petitioners debt is destroyed by the said Iudges Order to your petitioners dammage above 10000 l. And for that other debts may be destroyed by the like If men be barr'd from the benefit of their just Records duly fil'd as the petitioner is contrary to the Lawes of the Kingdome and the libertie of the Subiect which appeares to be done in this Cause by the Orders themselves Your Petitioner humbly craveth releife according to his damages And your Petitioner shall pray Henry Moore Which petition the said Moore delivered to Col. Henry Martin and divers other Parliament men but can not so much as get his petition read in †Jt is worth the taking notice the Speaker is Sir John Lenthalls brother and it is almost grown to a common proverb in England that Parliament mens neer Allyes as well as themselves are above the reach of all law and justice which I am sure if they look not speedily well about them will destroy them every man the House upon whom he hath long attended and still waiteth most earnestly and deplorably cryeth out to be releived from this intollerable oppression by which the said Moore is damnified as in his printed complaints to the House he declares above ten thousand pound to the hazzard of his utter ruine Now I shal here crave the liberty to insert the epittomy of my own cruel barbarous sufferings with this desire to al that reads it seriously to consider that what hath befaln me by the cruell tyrany of by past Tyrants and oppressors if not strongly remedied and repaired may for future be incouragement for the present Tyrants to inflict when they dare for fear of being dismounted the like if not worse upon the first Nown-Substantive Englishman that shall resolutely stand in their way * And it is the clearest demonstration to me in the world that the present men in power alwayes intended to walk in the oppressive tyranous ways of the Star-chamber High commission councel board in that they have done no man effective iustice or right that suffered by them least their own Acts should be binding presidents to pay their own Acts should be binding Presidents to pay themselves by in future times The summe of what I have here to insert I shall lay down in the very words that J delivered in print to the Members of the House of Commons at the House doore the 23. Novemb. last which thus followeth A new complaint of an old grievance made by Lievt Col. Iohn Lilburne Prerogative prisoner in the Tower of London Novemb. 23. 1647. To every Individuall Member of the Honourable House of Commons SIR MY exceeding urgent necessities and my extraordinary sufferings by your neglect in doing me justice and right according to your many oaths and declarations presseth me above measure still to play the part of the poore importunate widdow mentioned in the Gospel and to resolve whatever befalls 〈◊〉 never to give over till I have attained her end viz. Iustice You may please truly to take notice and the rather because many of you are new Members that in the year 1637. and 1638. I suffered a most barbarous sentence by the Star Chamber occasioned by two false oaths sworne against me by Edmond Chillington ††The substance of which with my defence against them in open Star Chamber and when I stood upon the Pillory at Westminster you may largely read in the relation of my first sufferings called The Christian mans tryall reprinted by Will. Larner 1641. now dwelling at the black boy within Bishops-Gate now a Lievtenant under Col. Whaly and by my refusing to answer interrogatories against my self in executing of which sentence the 18. of April 1638. I was tyed to a Carâ—â— tayle at Fleet bridge and whipt through the streets to Westminster and had given me above the number of 500. stripes with a threefold knotted corded whip the weeles made in my back thereby being bigger then Tobacco pipes c. And set two houres upon the Pillory bare head in an extraordinary hot day and a gag put into my mouth above an houre to