Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	act_n	offence_n	peace_n	2,595	5	6.0850	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96507	Truths triumph, or Treachery anatomized, being an impartiall discovery of the false, and treacherous information of M. Masterson, pretended minister of Christ at Shoreditch, against L.C.J. Lilburne, and I. Wildman, at the Lords Barre, January 18. 1647. concerning a meeting of severall honest men, in East Smithfield, Ian. 17. &c. In relation to which information, the said L.C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. With a true narrative of all the passages and discourses that passed at the said meeting, / as it was delivered at the Bar of the House of Commons, by J. Wildman, Ian. 19. 1647. Iohn VVildman.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2173; Thomason E520_33; ESTC R206186	24,304	20

from me upon that ground only and hereupon I desired on Thursday the 20 of Ian. onely somuch favour as to be heard speake for my selfe in this particular Secondly Suppose a crime had been objected against me yet the warrant for my commitment was wholly illegall Let me not be mistaken as if I intended to bound the power and jurisdiction of Parliament any further then common equity and reason limits them which is naturally implied and supposed to be a Law to Legislators even from that annallogy which all bodys politick hold with the naturall whence all governours and governments borrow a proportionable respect hence I conceive that an act of parliament against common right or reason or repugnant or impossible to be performed is null and voyd in it selfe as supposing an act of Parliament should be made to constitute a man judge in his own case it were voyd in it selfe and I judge this to be the ground of executing that exemplary justice upon Empson and Dudley for putting in execution that Act of Parliament in the 11 of Hen. 7. C. 3. that Act of Parliament was against common equity and reason the words are these be it enacted that the Iustices of the Assizes and Iustices of the peace upon information for the King before them to be made have full power and Authority by their descretion to heare and determine all offences and contempts c. g See Cookes Instit 4. part pag. 40. First here the Iustices were authorised to proceed upon information without any indictment second to judge by their discretion and not according to the Law and custome of England as all proceedings ought to be now this being against common right and reason the Act was null and voyd in it selfe and Empson and Dudley Iustices died justly for what they did according to this Act as though there had been no such Act. Neverthelesse I conceive the maxime that this Parliament declared in their Remonstranee of May 26. 1642 book decl p. 281. stands impregnable viz. that those which shall guide themselves by the judgement of Parliament ought whatsoever happen to be secure and free from all account and penaltys but it is naturally and necessarily supposed that the judgement of Parliament cannot be against common equity or reason as when the Law made it petty treason for a servant to kill his master it was not made such a hanious crime for a child to kill his father the reason was because the Law supposed it to be a thing so abhorred of nature that such a fact would never be committed and likewise it s not to be supposed that the judgement of Parliament should be contrary to common reason or equity and therefore such limitations are not expressed in any maximes relating to the power of Parliaments yet they are necessarily implied but I beleeve the freedomes of this Nation will never be secure untill the extent of the power and trust of the peoples representatives and the peoples reservations to themselves be clearely declared This I speake in referrence to their legislative power of which onely I conceive that maxime in the Law concerning the Parliament is to be understood viz. Leges latent in ●ectoribus the Laws are hidden in the Parliaments brests But as to the Parliaments power in executing Lawes upon such offenders as do properly and originally come under their cognizance in my humble opinion they are obliged to proceed in the legall and ordinary way of putting the Lawes in execution this Sr. Edw. Cooke 4 part instit p. 3● expressely affirmes saith he Where by order of Law a man cannot be ●●tainted of high treason unlesse the offence be in Law high treason he ought not to be attainted by generall words of high treason by authority of Parliament but the high treason ought to be specially expressed And when King Hen. eight enquired of the chiefe Iustices whether a man that was h See Cooke instit 4. part 137. forth coming ought to be attained of high treason by Parliament and never called to his answere the Iudges answered that the high Court of Parliament ought to give examples to inferiour Courts in proceeding according to Iustice no inferiour Court could doe the like Let their judgement be duly observed they said no inferiour Court could so proceed and therefore muchlesse the Parliament who ought so to observe the Laws and rules of justice as to be patternes of justice to other Courts and the rather because from them there is no appeale so that the argument is a minor ad majus Indeed the high Court of Parliament hath a power of declaring the Law in particular cases before them and they say they have not claimed it nor exercised it otherwise to be obligatory as a Judiciall declaration of the Law i See the Parlm Rem of May 26 1 part book de p. 721. but observe this power is to be exercised about Lawes which may be taken by way of consequence equity or construction not about penall declarative Lawes such must be taken by the letter onely otherwise they should implie a contradiction to themselves and be no more declarative Lawes but Lawes of construction or constitutive so that this their judiciall power in declaring Laws exempts them not from an obligation to proceed according to Law in executing any penall declarative Lawes such as are the Lawes against treason c. But the Parliaments Legislative power hath its exercise in this case they may repeale any penall declarative Law or enact any new Law declaring what shall be treason or petty treason c. But every supposed offender ought to injoye the benefit of any Law which was unrepealed at the time of his supposed offence neither can any Law enacted after the imagined crime of any man be the rule by which such a criminall person shall be tried or judged Rom. 4. the script saith expressely Where there is no law there is no transgression and I may say further where the Law is not declared it bindes not nor can any man justly suffer any punishment for the breach of such a law It s a knowne maxime of the Law de non existontibus et non apparentibus eadem est ratio there is no difference between Lawes not made and Lawes not declared and therefore of old all the Acts made by any Parliament were by the Sheriffe of every County of England Proclaimed and published in all places through his Bayliwick and the Kings writt issued forth to every Sheriffe to that purpose k See Cooks instit 4 par c. 1 p 16 Now I conceive I may conclude that the Parliament ought to proceed in the ordinary legall way of executing at least the penall lawes and if it were otherwise their were no law in England during the seting of Parliaments for if the Lawes which bind to such and such manner of ●roceedings be not obligatory to the Parliament then no other Laws which declares offences and the penalty of

Truths triumph OR Treachery anatomized BEING An impartiall Discovery of the false and treacherous information of M. Masterson pretended Minister of Christ at Shoreditch against L. C. J. Lilburne and I. Wildman at the Lords Barre January 18. 1647. concerning a meeting of severall honest men in East Smithfield Ian. 17. c. In relation to which Information the said L. C. Lilburne stands committed to the Tower and J. Wildman to the Fleet. WITH A true Narrative of all the Passages and Discourses that passed at the said meeting as it was delivered at the Bar of the House of Commons by J. Wildman Ian. 19. 1647. Veritas non querit angulos He that is of God loveth the light c. The Righteous is as bold as a Lyon IOHN WILDMAN London Printed for Ia. Hornish Feb. 1. 1647. An impartiall Relation of all the passages and discourses at a meeting of some Honest men in East-Smithfield upon the 17. of this present Ianuary in reference unto which Lievt Col. Iohn Lilburn and Mr. Iohn Wildman stand committed one to the Tower and the other to the Fleet. As it was made at the House of Commons Barre on January 19. IN this generation Dicere quod nolo miserum quod volo debeo periculosum but if I perish I perish Pereundum in licitis that mans death is honourable whose integritie is the sword that slayes him I hope I am no lesse provided of a safe retreat then the most adored Grandee of our times a pillow of peace is prepared in my most contemptible grave and the gate of that blessed secure Paradice of full communion with the Father is open for me Et contempsit omnes ille qui mortem prius he that contemns Death scornes both hopes and feares those only affections which possesse mens spirits with basenesse or cowardize Surely he that is no great Astrologer may iudge by the Aspect of the Starrs in this Horizon that this English Aire agrees best with the bodies of Camelions Parasites Time servers implicite beleevers such as change their formes Toties quoti● annulus vertitur politicus And therefore it would be a curtesie beyond my enemies intentions if they would send me post to a purer Climate But it may be some will call my Innocence Impudence and ignobly impute my justification of my self to my effronted boldnesse But if I had regarged the barking of every Cerberus I had now been deafe Si sat esset accusasse quis innocens erit Indeed it s the cry of many Sicophants of our age that its impudence to question the judgment of Parliament men but I was never yet perswaded that they all possessed Peters Chaire or that I was bound to beleeve my actions to be errours upon their word Yet I am so devoted to support the AUTHORITY and honour of the Commons in Parliament that were my single interest only concerned rather then J would discover one staine of injustice more in the robe of their honour I would only assert my innocency with a dumb eloquence manibus ad sydera tensis But the fathers abuse and danger loosened the strings of the dumb childs tongue There is an invenomed arrow shot by my imprisonment into the heart of the common cause of my dearest Country the black cloud of infamy cast upon my name dishonours the cause which I professe to maintaine and in the consequence may divert well minded men from its prosecution and beside the nation hath received no superficiall wound by my Arbitrary restraint There was neither witnesse nor evidence against me of a Crime or a legall transgression in the least punctillo The Informer himself comming face to face at the Commons barre accused me of nothing in Law Criminall and yet that I should be disseized of my Liberty and charged in the warrant with no lesse then Treasonable practises against the State whereby my life credit and estate are all indangered this is a President whose utmost evill consequence to the freedome life and estate of every English man If I should attempt to demonstrate J should with the painter that could not expresse his grief for his daughter Draw the Curtaine But let me first give you an impartiall Narrative of my cause On Wednesday the 19. of this instant Ianuary I had intelligence as I was walking in Westminster Hall that J was inquired for by the Serjeant at Armes thereupon J voluntarily repaired to the House of Commons doore and presently I was called to the barre and the Speaker asked Mr. Masterson what he had to say against me to which he answered in words to this effect viz. That the discourse at the meeting in East-Smithfield was interchangeable yet this he remembred that I said some Lords had sent to me the same day of the meeting to tell me that they were willing to lay down their priviledges of being free from Arrests and to be subiect to the Law and that they would be content to part with their Legislative and Law-giving power from their Posterities so that it should not discend to their Heires provided they might inioy it for their own lives Likewise the Informer said that at the time of his comming into the meeting I was speaking about tumults of the poore in Wiltshire Hereupon the Speaker asked me what I answered to them and then I spake to this purpose if not in so many words viz. Mr. Speaker I come not herein reference to this Informer or what he hath laid to my charge neither am I here by vertue of any legall Warrant for I received none but I am here only in respect to this Honourable House to attend its pleasure but as to this Informer if that were truth and a legall Crime which he informes against me I humbly conceive it comes not under the cognizance * The cognizance of any offence except the offence of Iudges or administrators of justice doth not originally or in the first place pertaine to the Parlia but information ought to be given to some Iustice of the peace in the County where the offence is committed that he may proceed according to law that so in case of iniustice or undue proceedings the party accused may have his remedy and reparations by Law whereas if the Parl. take the first notice of any supposed offence and commit any person he is under an impossibility of reparations in a legall course what iniustice soever he suffers of th● Honourable House for I conceive it farre beneath the Authority of this Honourable House to be executers of Law seeing you are of right the sole Legislators or Law-makers but though what this Informer saith against me were a Crime and did come under the cognizance of this Honourable House yet I conceive I were not obliged to answer because there is no legall Accusation but only a verball uncertaine relation of a discourse at a meeting I shall here adde the proof of this assertion the Statute of 42. Ed. 3. c. 3. Which saith It s

offenders are binding and consequently the Liberty estate and life of every man is subject to there absolute wills● nay should it be granted that the Parliament may proceed against and imprison try judge or censure supposed offenders contrary to the kowne laws and the ordinary proceedings therein all the people are the worst of vassalls in the time of Parliament being in effect without a Law whereby to put a difference between good and evill between just and unjust and yet being in danger of the losse of estates Liberties lives for doing what they conceive most purely just in case others shall judge it unjust It s the Law which is the safegard the custody of all private interests the estates Liberties and lives of all are in the keeping of the Law And therefore the Parliament in their Rem of May 26. 1642. 1 book of decl p. 693. justly testifies an indignation in their spirits against that scandall which Reader observe that cases of necessity in time of warre are always to be excepted necessity dissolves all Lawes and such cases proceeding must be arbitrary the King cast upon them viz. that they disposed of all the subjects lives and fortunes by their owne votes contrary to the knowne law of the land upon these grounds I hope I may say without offence that the warrant was illegall and the illegality was not in a punctilio but in the principle clause for there is no particular crime expressed in it● and Sr. Edw. Cooke in the second part of institute saith its the speciall thing required by act of Parliament to make a Mittimus legall that the cause be expressed with such convenient certainty as it may appeare judicially that the offence requires such a judgement as in case a person be committed for high treason it s not sufficent that it be expressed in the Mittimus for high treason but it must be more particularly for high treason against the person of the King or for counterfeiting the broad seale or the mony of the King c and in case it be for petty treason it ought to be declared in the Mittimus as for the death of A. B. his Master and so for fellony for the death that C. B. or for stealing a horse c. and it s to be observed that an indictmeut ought to rehearse the effect of the Mittimus which directly proveth that the cause in such a generall certainty ought to be shewed read Cooks exposition of Magna Charta 29 for further satisfaction and that of Festus in Act. 25. 26 27. is worth observation that he sought for some certaine thing against Paul to insert into his Mittimus whereby he should be sent to Cesar for saith he it seemes to me unreasonable to send a prisoner and not withal to signifie the crimes layd against him And I cannot but imagine that the Parliament proceeded upon this ground in refusing to imprison such as have been accused in generall of high treason doubtlesse with Festus they judged it unreasonable to ● disseize any man man of his Liberty without such a particular crime probably at least objected against him as evidently requires such a judgement Thus when the Kings Attourny Generall exhibited Articles of high Treason against Mr. Hollis Mr. Pim Mr. Hampden Mr. Stroud and Sir Arthur Has●eridgo they Petitioned the l See 1. par book Decl. pag 52. 65 67. King twice to discover what proofe of those Articles were against them before any proceedings were to be against them and in a third Petition m See 1 part book Decl. pag 77. they have these words Whereas by the expresse Lawes and Statutes of this Realme that is to say by two Acts of Parliament the one made in the 37 and the other in the 38 of Edw. the 3. If any whatsoever make suggestion to the King of any Crime committed by another the same Person ought to bee sent with the suggestion before the Chancellor or Keeper of the Great Seale Treasurer and the Grand Councell there to find surety to pursue his suggestion which if hee cannot prove he is to bee Imprisoned untill hee hath satified the Party accused of his damages and slander and made fine and Ransome to the King And least it should be said That this concernes onely Suggestors made against any to the King himselfe It s said in the Statute of the 25 of Edw. 3. Chap. 4. That no man shall bee taken by Petition or suggestion made to the King or his Councell c. And I am sure the word Councell includes the Parliament And least it should be said that there ought to be Particular matter and probable proofes offered before the Imprisonment of the Members of Parliament But it s a Priviledge peculiar to them the Parliament hath declared as much in the case of other Persons viz. When the King about Ianuary 1642. in answer to the City Petition desired that Alderman Penington Alderman Foulk Colonel Ven and Colonel Manwaring might bee Committed to safe custody as guilty of high Treason that they might bee proceeded against by the course of the n See 1. p. book Decl. pag. ●40 841. Law Mr. Pim declared to the City by the Command of both Houses and as their Sence that It s against the rules of Iustice that any man should bee Imprisoned upon a generall charge when no Particulars are o See 1 par book Decl. pag 845. proved against them And besides the Priviledge of Parliament men objected extends not to Treason Felony or breach of the Peace but in such cases any Member of Parliament may be Arrested by any minister of Iustice to the intent hee may be brought to Parliament Corpus cum causa and also detayned in safe custody till such time See 1. part book Decl. pag. 723 724 and therefore the Case is generally inclusive and to that purpose most excellent are the Parliaments words in their Declaration of May 19. 1642. 1. p. book Decl. pag. 201. Wee conceive it a heynous Crime against the Law of nature against the rules of Iustice that innocent men should bee charged with so high an offence as Treason in the face of the highest Iudicatory of the Kindome without witnesse without evidence without all possibility of reparation in a Legall course ☞ Reader take notice that the single Informer against me produced neyther Witnesse nor evidence of what hee said and I am left without all possibility of reparations in a legall way because the Parliament hath taken the first cognizance of my supposed crime and in stead of a Iustice of Peace committed me to Prison And doubtlesse upon the same ground the Parliament refused to suspend from the House ●d much more to imprison the 11 Members accused by the Army though 5. Articles p See the book of the Arm. decl pag 47 48. 49. were ●en in against them v●z 1. That they had endeavoured to overthrow the rights of the Subiect in ●rary wayes

and to delay and obstruct iustice 2. That they had deluded surprized and abused 〈◊〉 House to provoke the Army to distempers and re●and the reliefe of Jreland 3. That they endea●red the pulling the Armie in pieces to the danger of the Kingdoms peace 4. That they had en●voured to raise forces to list and procure to be listed Officers and Souldiers without the authority 〈◊〉 Parliament to imbroyle the kingdom in blood for their own desperate designes 5. That they had ●vited and ab●tted tumul●ous Reformado Officers to assemble at Westminster to offer violence to 〈◊〉 enforce the Parliament The House voted and declared about the 25. of June after the ex●biting this charge that by the Lawes of the Land no iudgement could be given to suspend those 〈◊〉 Members from sitting in the House before particulars were produced and proofs made q See the Manifesto of the Armie from Vxbridge Iune 27. upon these Votes book decl pag. 70. I have thus inlarged my discourse of this particular to satisfie all men that my desire of a 〈◊〉 warrant or commitment was grounded upon the Parliaments own Declarations as well a●●aw and that malice it self might not dare to adjudge me for that humble and peaceable desire 〈◊〉 contemner of the authority of Parliament for the preservation of which I shall run ●ch manifold hazzards Neither was there any necessity to speak thus much in relation to what Mr. Masterson informed against me For he accused me of no crime unlesse it be a crime to relate to honest ●n what I heard of the tumu●uo●snesse of the poor in Wiltshire or to tell them what I ●ard some Lords were willing to condiscend to in relation to their priviledges and their ●gislative power though this latter was fal●e and not spoken by me Now if any shall inquire how an order passed the House to commit me for treasonable and ●ious practises against the State J must returne an Jgnoramus it s transcendently above the ●sphere of my understanding But least the grisly aspect of such horrid words seeming to relate to some monstrous crimes ●ould ●ffright or amaze my friends I shall give them a briefe account of treason which yet is ●laid to my charge what it is in law and J shall not trifle about the derivation of the ●ord as from Trahir treacherously to betray c. All offences which are treason are comprehended literally and expresly in the Stat of 25. 〈◊〉 Edw. 3. c. 2. And this Statute hath been confirmed and more honour given to it by Par●ments then to any other except Magna Charta as the Stat. of the 1. Hen. 4. c. 10. Re●ing that whereas at a Parliament holden 21. R. 2. divers pains of Treason were ordained 〈◊〉 Statute in so much as there was no man did know how to behave himself to doe speak ●say for doubt of such paines It s enacted by the King the Lords and Commons that in no ●me to come any treason be adjudged of otherwise then it was ordained by the Stat of 25. ●d 3. c. 2. and the Stat. of 1. Ed. 6. c. 12. and 1. M● Ch. 1. Sess 1. Now all the offences which are contained in that Stat. of 25. Ed. 3. may be divided into six Classes the first concerneth death which is either a compassing or imagining the death of the King Queen or Prince and declaring the same by some Covert deed or a killing and murthering some Officer of ●stice in their places doing their offices as the Chancellor Treasurer Justices of the one ●ench and of the other Justices in O●re c The 2. kind of Treason is the violation of or carnall knowing of the Queen the Kings eldest daughter or the Princes wife The 3 is levy●g warre against the King The 4. is adhering to the Kings enemies within the Realm or without and declaring the same by Court Act. The 5. is counterfeiting the great Seale the ●ivie Seale the Kings coyne The 6. is bringing into the Realm counterfeit money to the likenesse of the Kings coyne Now unlesse an offence be within one of these Classes or heads its 〈◊〉 high treason See Cooks 3. part inst pag. 3. 4. But let the Reader observe that the King in this statute is taken in hispolitick capacity as he is a man there is no treason can be committed against him but only as he is a person trusted with such high authority and so th● levying warre against the Lawes and authority of the King is a levying warre against th● King r See the Parl. Rem of May 26 book decl pag. 727. though it be not against his person yea though those who levie the war have th● personall command of the King for it This Stat. provided sufficiently that the people should have a cleare rule whereby to measure their actions in case of treason so as to be secure from the Judges malice or injustice th● words are positive and exclusive as to them that they shall not judge any thing treason which 〈◊〉 not specified in this Act the word specified is to be observed which is as much as to say particularized or set down particularly But the saluo that the Judges in case of any Act not particularize● and supposed to be treason should defer iudgement and transferre the case to the King and Parliamen● who might declare it treason This made the rule of the peoples actions as to Parliaments to be wholly uncertain this saluo was like a drawn sword hanging over every mans head by the slender thre● of a consequence or illation And by this divers were condemned by the King and Parliament a● Traytors which could not have been condemned by the Statute one was transferred from th● Kings Bench to the Parliament in the 8. of Rich. the 2. and his fact was adiudged treaso● and in the 11. of the same King Rich. 2. the Duke of Jreland and Nevill Arch Bishop of Yor● were impeached of treason by Glocester Arundell and Warwick and though their facts wer● not treason by the Statute yet by vertue of the saluo they were convicted of treason and i● the 21. of Rich. 2. the King and Parliament reversed that sentence and by the same salu● those three Noble men their accusers were adiudged Traytors and in the 10. of Hen. 4. h● successor that revocation of the sentence against the Duke of Jreland and Nevell which wa● in the 21. of Rich. 2. was againe repealed and the sentence against them in the 11. of R. 〈◊〉 was established thus by this uncertain proviso treason was tossed to and fro and no ma● knew when he was safe because the rule of their actions were uncertaine according to the o● maxime misera servitas ubi ius est vagum et ●ncertam But in the Parliament of the 1. H. a petition was preferred to have Treason limited with● in some statute because they knew not what to speak nor what to do least it be adiudged treason and hereupon was that statute

made of the 1. of H. 4. c. 10. whereby that uncertain proviso was repealed and it was inacted that in times to come nothing should be esteemed treason but what was litterally contained in the Statute of 25. E. 3. c. 2. And in the 1. of Ma. S● 1. this was confirmed that nothing should be adiudged high Treason pettie Treason 〈◊〉 Misprision of Treason but what was declared and expressed in the 25. of Ed. 3. c. 2. This wo● expressed saith Cook 3. part instit p. 24. excludedeth all implications or inferences whatsoever See Cooks 3. part instit p. 9. Now nihill relictum est arbitrio iudicis neque parliamenti there is no constructive nor i●terpretative treason by arguments a minori ad maius or a simili either from the like fact 〈◊〉 from the lesser to the greater Neither is there any intentionall treason saving against th● Kings life If persons should conspire to levie Warre it were no treason for by the Statu● there must be levying warre in facto actually before it be treason Now in my humble opinion the King by consequence or influence cannot iustly decla● the act of any man to be treason according to this statute unlesse it be contained in the expresse letter thereof and I humbly offer these reasons 1. This Statute is a declarative Law and should it be taken by equity or construction th● implyes a contradiction 2. This is a penall law and such can admit of no construction or i●ferences Penalties are to perswade to the keeping of known lawes not of Lawes coniectura● ambiguous and to be taken by consequence which perhaps the most learned Lawyers may n● imagine to be intended by them and much lesse the people Doubtlesse they are to concer● that in case they obey the statutes according to the Letter they are not lyable to any penal● And J find that the Parliameut in the 13. of Eliz. did exactly observe this law that nothing should by vertue of the statute be interpretative treason They might have very plausibly have impeached those of treason which brought the Popes Buls from Rome to stir up the people to mutiny and rebellion and to take away the Queens life but this fact was not contained in the preceeding statute and therefore the persons not iustly guiltie of treason seeing they transgtessed no declarative law yet that Parliament declared it to be treason for the time to come during the Queens life for any person to bring such Bulls from Rome to stirre up the people to mutiny Thus every Parliament may declare what crimes they please to bee treason but by common reason or light of nature those statutes must referre only to future obedience a reall crime committed before the making of a statute cannot be a breach of that statute because it was not extant in rerum natura Now let honest hearts which J understand be too many that are troubled at my restraint upon pretence of treasonable practises set them J say be satisfied from their own reason Let them iudge whether a loving peaceable discourse with honest men at a meeting to which J was invited wherein the sole purpose and intent of our hearts was to unite all wel minded people in matters of common concernment that the distractions of the nation might be healed and those clouds of blood diverted which are now impending Jn which discourse it was laid down as the principle maxime that the authoritie of the Commons in Parliament must be preserved and freed from contempt Whether this discourse J say can be either by the letter of the law treasonable or by construction if that should be admitted and malice it self made Judge Quest But some may yet inquire whether J cannot imagine for what crime the Parliament should suspect me Answer I must professe J reckon their restraining my person inter arcanu imperij amongst the mysteries of state and its opus Herculium a work for Hercules in my opinion to find the suspected Crime yet I have ercted in my self a new Jnquisitiou office for that purpose and J shall give you a copy of some of the examinations taken Interro 1 Were not you suspected for promoting the large petition Answer This was not objected against me by the informer neither could it be said that I had either subscribed or procured any to subscribe it but suppose I had gained 10000. subsribers to that Petition doublesse Petioners cannot be found in the Parliaments catalogue of sinners sure I am I have seene their names in red Characters for Saints in their Kalender in the yeare 1642. when the Lords would not concurre in the Ordinance for setling the Militia the Petitioners of Surrey and Hartford shire which in effect desired leave to protest against those Lords which would not agree to the votes of the Commons those Petioners J say were accounted amongst not the lowest order of Englands worthyes and many thousands of poore about London which petitioned against the Malignant faction and desired that those Peeres which concurred with the Commons in their happy votes mght be desired to sit and vote with the Commons as one intire body though the language of the petition was threatning saying they should be inforced to lay hold on the next remedie which was at hand to remove the disturbers of their peace c. these Petitioners were accounted gallant English Champions and their petitions sent by the Commons to the Lords at a conference and such Constables were checked as attempted to disturb the people which met in great multitudes to subscribe petitions against things established by law and a Justice of the peace committed to the See 1. part book decl ●p●ge 547 548. Tower for executing a warrant from the Lords for seting watches under p●etence of avoiding Tumults to hinder the peoples resorting in great mnltitudes to the House to preferre petitions t See first book decl pag. 532. yea the Lords and Commons both in their Remon of May 26. 1642. acknowledged it to be their duty to receive petitions these are the words we acknowledge that we have received petitions for the removall of things established by law and we must say and all that know what belong to the course and practise of Parliaments wil say that we OVGHT to do so u See first parr book dec p. 720. and upon the late London petition in Novem. last the Commons declared that it was the people● right to petition and their right to iudge of Petitions whence it is clearly to be inferred that it is the peoples right to petition for whatsoever seemes good to them though it be really evill otherwise it were not the Parliaments right to judge of their petitions certainly it is not the Parliaments right to walke contrary to common equity or to reject the good desires of the people promoted questionles the Armys eye could not with patience reade in the petition● of the bil of scandalous sinners An order to suppresse a petition was the