Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	john_n	richard_n	sir_n	9,973	5	7.2530	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88195	An impeachment of high treason against Oliver Cromwel, and his son in law Henry Ireton Esquires, late Members of the late forcibly dissolved House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn close prisoner in the Tower of London, for his real, true and zealous affections to the liberties of his native country. In which following discourse or impeachment, he engageth upon his life, either upon the principles of law ... or upon the principles of Parliaments ancient proceedings, or upon the principles of reason ... before a legal magistracy, when there shal be one again in England ... to prove the said Oliver Cromwel guilty of the highest treason that ever was acted in England, and more deserving punishment and death then the 44 judges hanged for injustice by King Alfred before the Conquest; ... In which are also some hints of cautions to the Lord Fairfax, for absolutely breaking his solemn engagement with his souldiers, &c. to take head and to regain his lost credit in acting honestly in time to come; ... In which is also the authors late proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard ... his late actions or writings in any or all his books.	Lilburne, John, 1614?-1657.	1649 (1649)	Wing L2116; Thomason E568_20; ESTC R204522	95,549	77

upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evident and apparent unto all rationall and understanding people in the world that the reall and hearty good and welfare of the people of this Nation hath cordially and in good earnest been that that their souls have hunted for and thirsted after in all the late bloody civill wars and contests All the Contests of the Kings party for his Will and Prerogative being meerly Selvish and so none of the peoples interest and the contest of the Presbyterians for their ●●ke-bate dividing and hypocriticall Covenant no better in the least and the present contest of the present dissembling interest of Independents for the peoples Liberties in generall read the following Discourse pag. 27 28 29 meerly no more but Self in the highest and to set up the false saint and most desperate Apostate murderer and traytor Oliver Cromwel by a pretended election of his mercinary souldiers under the selfe name of the godly Interest to be King of England c. that being now too too apparently all the intended Liberties of the people that ever he fought for in his life that so he might rule and govern them by his Will and Pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest treason that ever was committed or acted in this Nation in any sense or kinde either first in the eye of the Law or secondly in the eye of the ancient but yet too much arbitrary proceedings of Parliament or thirdly in the eye of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head and life which it there were any Law or Justice in England to be had or any Magistrates left to execute it as in the least there is not I durst undertake upon my life plainly evidently and undeniably to make good the foresaid unparalleld treasons against the foresaid Ol. Cromwel upon against all the three forementioned principles viz Law Parliament and Reason yea and to frame against him such an Impeachment or Indictment which way of Indictments is the true legall and only just way of England to be tried at the Common Law higher and greater then all the charges against the fourty four Judges hanged for false and illegal Judgments by King Alfred before the conquest which with their crimes are recorded in the Law Book called The mirror of Justice Printed in English for Matthew Walbank at Grayes Inn gate 1646. page 239. 240. 241. 242. 243. 244. 245. See also page 196. 197. 207. ibid. Or then the impeachment or accusation Of the Lord chief Justice Wayland and the rest of his brother Judges and Lawyers tormented in Edward the first his time and mentioned in Speeds Chronicle fol. 635. Or then the impeachment in Parliament against Judg Thorp who for taking small bribes against his oath was condemned to die in Edward the third his time of whom you may read in the 3. part Cooks Institut fol. 155 156. and in Mr. Pyms Speech against the Earl of Strafford in the Book called Speeches and Passages of Parliament pag. 9. Or then the impeachment 〈◊〉 a charge of the dethroned King Edward the second in full Parliament the maner of whose dethroning you may notably read in Speeds Chronicle fol. 665. Or then the many Articles of impeachment of the dethroned King Richard the second in full Parliament recorded at large in the Chronicles or History of Will. Martin fol 156. 157. 158. 159. the 8. 10. 12. 15. 21. Articles of which I conceive must remarkable as to the people which are extraordinary well worth the reading for in them the King himself in those dark days of Popery is charged To have perverted the due course of the Law or Justice and Right and that he destroyed men by information without legal examination or tryal and that he had declared the Laws of the Kingdom were in his own Erest just the same thing do Mr. Peters and other mercenary Agents of the Grandees of the Army now constantly declare of them and that by himself and his own authority just Cromwel and Ireton like onely much short of them he had displaced divers Burgesses of the Parliament and had placed such other in their rooms as would better fit and serve his own turn Or then the impeachment of the Lord chief Justice Tris●lian who had the worship or honor in Richard the second his time in full Parliament to be apprehended in the forenoon and hanged at Tiburn in the afternoon with his brother Judges viz. Fulthorp Belknay Care Hot Burge and Lockton or their associates Sir Nicholas Bramble Lord Mayor of London Sir Simon Burley Sir William Elinham Sir John Salisbury Sir Thomas Trevit Sir James Bernis and Sir Nicholas Dodgworth some of whom were destroyed and hanged for setting their hands to Judgments in subversion of the Law in advancing the Kings will above Law yea and one of them banished therefore although a dagger was held to his brest to compel him thereunto Or then the indictment of those two grand and notorious traitorly subvertors of the Laws and Liberties of England Empson and Dudley Privy Counsellors to Henry the seventh recorded in Cooks 4. part Institut fol. 198. 199 read also fol 41. ibid. and 2. part Instit fol. 51. Or then the impeachment of that notorious wicked and traiterous man Cardinal Woolsey by King Henry the eight his Privy Councel recorded in the 4. part Cooks Instit fol. 89. 90. 91. 92. 93. 94. 95. Read especially Artic. 17. 20. 21. 23 25 26. 30. 31. 33. 35. 38. 42. in all which he is charged with Arbitrariness and subversion of the Law Or then the impeachment of the Shipmoney Judges who in one judgment did as much as in them lay destroy all the Properties of all the men in England read the notable Speeches against them in Speeches and Passages Or then the impeachment of the Bishop of Canterbury in the late Parliament Or then the impeachment of the Lord Keeper Finch Earl of Strafford Secretary Windebank Sir Richard Bolton Lord Chancellor of Ireland John Lord Bishop of Derry Sir Gerrard Lowther Knight Lord chief Justice of the Common Pleas in Ireland and Sir George Ratcliff all whose impeachments are recorded in a Book intituled Speeches and Passages of Parliament from November 1640. to June 1641. Pag. 76. 77. to 83. and 117. 118. to 143. and 174. and 256. 257. 258. Or then the Articles or charge against the two Sir John Hothams the elder of which kept the King out of Hull the beginning of these Wars when the House of Commons durst not command him positively to do it although they were effectually put upon it by a motion from the younger then sitting in the House and yet they were both beheaded as Traytors for but endevoring to

is not long since the Army or the leaders thereof charged divers of your principal members as traytors therefore as appears in their Book of Declarations page 83. 85. the liberty of which they reckon amongst the prime Liberties of this Nation for the pretended preservation of which there hath been almost eight 〈◊〉 bloody wars as appears largely in their forementioned pages but especially page 44. 118. yea and waged war with the Parliament their Lords Masters and Impowrers for abridging them thereof as clearly appears in their own Declarations which makes it plain and evident that such a Declaration made by the House of Commons against their Petition as the House made 27. March last against one they supposed me to have a hand in was the original and first declared cause of all the Armies contest with and rebellion against the Parliament But that I should not only be imprisoned for nothing but close imprisoned sometimes from the very society of my wife and children and ever since the ninth of May 1649. to be debarred the society and visits of my friends and acquaintance which the very Pagan Romans would not do to Paul that pestilent fellow and a turner of the world upside down as Tertullus accused him to be yea to be mewed up close in my lodging with a Padlock upon my door and Sentinels set thereat night and day that I shall not so much as speak at a distance with any of my fellow prisoners and worse dealt with besides then the Canibals do with their poor imprisoned Captives who feed them fat with good cheer against the day of slaughter or then the States of Holland do their intended to be executed theeves traytors or murderers whom they largely and plentifully provide for in their imprisonment yea or worse then King Charls whom you have beheaded for a Tyrant did by his prisoners in this very place unto the meanest of whom out of the Exchequer he allowed three pound a week for their maintenance during their imprisonment in this place yea and to divers of your very members that were men of great estates and possessed them peaceably in the third four fifth c. years of his raign he allowed them four pound and more at week apeece for their diet when things were cheap to what they are now and ye for much of my time you proffered me never a peny and when you do you do in a mock and scorn proffer me at most but twenty shillings a week which will do little more then pay for the necessary attendance in the close and extraordinary condition you have put me in which I confess I refused with as much scorn as it was sent me which close and extraordinary tormenting condition in the heat of Summer without permitting me to step out of my lodging to take a little Air admit you were as unquestionable a power as ever was in England and that I had really committed treason cannot in the least by the Law of England he justifiable the equity and justice of which Law abhors any torture or torment whatsoever to any prisoners though never so criminous least that his pain or torture or torment should take away his reason and constrain him to answer otherwise then of his free will torture forcing many times the innocent person to tell lies which Law and Justice otherwise abhor and therefore that never enough to be magnified Lawyer Sir Edward Cook saith That there is no one opinion in all our Law Books or Judiciall Records that he hath seen and remembers for the maintenance of torture or torments c. persons being meerly instituted by Law for safe keeping in order to a speedy triall but not in the least for punishment or torment as is most excellently declared by him in the 1. Part Instit fol. 260. 2. and 2. Part fol. 42. 43. 186. 315. 316. 589. and 3. Part fol. 3435. and 4. Part fol. 168. And all this present unjust usage of me to come not onely from the hands of my large pretended friends whose just interest according to their own published Declarations I have with all faithfulness in the midst of many deaths for many yeers together faithfully served and advanced with all my might But also of those that would seem to abhor and abominate the Ruling and Governing by will and Arbitrary power as the wickedest and detestablest thing in the world and so declare it to be 1. Part. Book Declarations pag. 172. 195. 214. 264. 281. 342. 464. 492. 494. 496. 498. 663. 666. 690. 699 728. 750. And that have raised and maintained a bloody war for seven yeers together principally for the pretended preservation of the Laws and Liberties of England that have pulled down the Star Chamber High Commission Councel Table and House of Peers for oppression and arbitrary injustice nay and beheaded the King the quondam glory of some of your great ones eyes * * As is undeniably demonstrated in my following impeachment of Lieutenant General Cromwel and his son Ireton at the Bar of the House of Commons the 19. Janu. 1647. And offered again and again there upon my life to make it good as cleerly appears by Putney projects Mr. John Wildemans Truths Triumph pag. 7 8. and Major Huntingtons charge delivered to the Parliament August 2. 1648. against Lieutenant General Cromwel c. pretendedly for Tyranny and Oppression as your selves state his Case in your notable Declaration about Non-Addresses dated the 11. of Febr. 1647. and your remarkable Declaration of the 17. of March 1648. Yea and have suffered your Solicitor General Mr. John Cook notably in Print to state his Oppressions yea and to draw most notable pregnant and cutting inferences from them as he doth in the 3. 4. 5. 6. 7. 11 14. 15. 17. 20. 22. 26. 31. 36. 39. 42. pages thereof two of which onely I shall now make use of The first is in pag. 22. where he arguing of the right execution of Trusts saith That when any is intrusted with the sword for the protection and preservation of the people if this man shall imploy it to their destruction which was put into his hands for their safety by the Law of that Land he becomes an enemy to that people and deserves the most exemplary and severe punishment that can be invented and this is the first necessary and fundamental Law of every Kingdom Which if it be true as you cannot contradict it it being your own doctrine then it is easie to make Application a majore ad minus The second is in pag. 42. where he declares That in pronouncing Sentence against the King and executing Justice upon him you have not onely pronounced Sentence against one Tyrant alone but against Tyranny it self therefore saith he there if any of them meaning the High Court of Justice and the Parliament shall turn Tyrants or consent to set up any kinde of Tyranny by a Law or suffer any unmerciful domineering over the Consciences Persons and Estates of

to speak So preparing for the journey I arrived with other of my friends at Westminster and being not long at the House door where was many friends come downe from London and Southwark to hear and see how things went I addressed my self to the Sergeant of the House to let him know I was there to tend upon the Houses pleasure And he immediately after came out with his Mace and CALLED FOR Mr. MASTERSON THE JUDAS PRIEST and my selfe so in we went and also the Lieutenant of the Tower as my guardian and having given them that due respect that I conceived is due unto their just and true authority though I owe little or none unto the persons that sat there by reason of their grosse abusing and most abominable of their righteous authority the thing that passed so near as my memory to the utmost punctilio will serve me I shal faithfully relate unto you Upon our comming to the Bar where both my lying accuser and my selfe stood the Speaker stept up in his Chaire and commanded Mr. MASTERSON in the name of the House of Commons to give them again a narrative of what he yesterday declared to them So he very formally begun and spoke as freely as if he had learned his Lesson without book and truly I could not but stand amazed at the mans impudence that he durst with so much confidence tell so many lies as he did But giving not much regard unto his accusation to treasure it up in my memory being resolved before hand to take no cognizance of his verball impeachment which in Law was nothing I fixed my mind very seriously upon the Lord Jehovah my old experienced refuge strength and support and was a wrestling with him for the incomes of his own self that so I might speak freely and boldly in his might and power if it were possible to the amazement and terrour of his enemies amongst those that should hear me divers of whom I was confident would lye in wait to catch and intrap me And now and then the House in my apprehension being very full I cast my eie about me to look upon the countenances of the Members and to observe their behaviours most commonly fixing my eie stedfastly upon the Speaker in the Chair Who assoon as he perceived Mr Masterson had done beckoned his hand unto me as I conceived to have me answer the Priest but I stood still and took no notice of his beck at last he wished me to say what I could answer for my self unto it whereupon pausing a little after a congey made unto him I opened my mouth to this effect Mr Speaker I desire in the first place to premise this That I look upon and own this honourable House in its constitution and power as the best legallest and justest interest power and authority that is established in this Kingdom or that all the Commons of England visibly hath for the preservation of their lives liberties and estates And I doubt not but so to speak unto you and so to behave my self before you this present day as thereby to demonstrate to you that I am an honourer an owner and a prizer of this greatest English authority and interest in which as a free Commoner of England I have a little share And therfore if this honourable House please to afford me Paulis PRIVILEDGE that he enjoyed amongst the Heathen and Pagan Roman Governours or Magistrates which was to hear him speak freely for himself before they would condemn him Which liberty and priviledge I freely and largely enjoyed at the hands of the Cavalier Judges at Oxford when I was arraigned in irons before the Lord chief Justice Heath and Sir Thomas Gardiner late Recorder of London for drawing my sword and at your comand adventuring my life for the great interest of the Kingdom involved and single represented in this honourable House in the destruction of which it perisheth who before all the City and Country then assembled in Guild-hall in Oxford gave me free liberty without the least interruption to say what I pleased and to plead for my life in the best manner that all those abilities God had given me would inable me * The enjoyment of which was but my right by Law as appears remarkably in the third part of Cooks Institutes fol. 29. 137. 230. to do The which priviledge and legall and naturall right if you please to grant me I shall speak freely WITH THIS PROTESTATION AND SALVO That I do not speak nor answer out of any dutie or tie that lies upon me by LAW FOR ALL CHARGES IN LAW OUGHT TO BE IN WRITING under the hand or hands of him or them that chargeth and in that form that the Law requires and proceeded in according to the form of the Law of the Land expressed in the 29 Chapter of the great Charter and these Laws which expound it which are mentioned † Which you may at large read in my plea before Mr Corbet recorded in the 8 9 10 pages of it being called The Resolved mans Resolution and Mr John Wildmans notable defence against Masterson called Truths triumphs pag 2. 11 12 13 14. and my late Book of June 8. 1649. entituled The Legall Fundamentals c. p. 6 7 8 9. and nominated in the Petition of Right Which this pretended Vergall charge is not in the least And indeed Mr Speaker in Law it is no charge at all neither in the way this Informer is in can I well have any remedy against him in case he abuses me for as I understand if he tell twenty lies against me I cannot punish him but if he maliciously swear one against me I have his ‖ See Sir Edward Cooks 1 part Institutes fol. 294. b. and 3 part chapt Conspiracy is very remarkable fol. 143. ch Perjury fol. 163 164 165 166. and 4 part fol. 66. ears as my mercy c. therfore a Betraier of my Liberties I should be if I should look upon it as any charge at all and in that consideration return an answer to it and therfore again saving unto me the rights and priviledges of an English man which is to be tried by no other rules or methods for any reall or pretended crime whatsoever then what is declared by the known established and declared Laws of England nor by nor before any other Authority or Magistracy then what the Law hath authorized to be the executors * Which I am sure the House of Commons are not in the least See my Book called The Peoples prerogative p. 40. 41 72 73. and my Book called The Laws Funerall pag. 15 16. And my second Edition of my Picture of the Councel of State pag. 7 8. And my Book of the 8 June 1649. entituled The Legall Fundamentall Liberties of the People of England revived pag. ● 16 17. And Mr Wildmans Truths Triumph pag. 2. 17 18. And the Laws subversion or Sir John Maynards case stated pag. 33 34 35 36.

to his posterity for ever And as I told my friend Mr. Speaker the Report might arise from this which relation is true and hath not been delivered to me once nor twice but oftner But Mr. SPEAKER I shall acquaint you further that I in part acquainted my friend how ingenuously I had dealt not only with my Lord WHARTON but the whole House of Peeres in that I obeyed their first Warrant they sent to me to come to their Barr the 10th June 1646. and immediatly as soon as I was served with it being about six a clock on the next morning at my own house and I was to appear before them at Ten the same morning I went immediately to my Lord Whartons house and he being not stirring I desired his servant to tell his Lordship what had happened and that in regard I was obliged to their House for the late Justice they had done for me about my reparations against the Star-chamber Judges BEING OLD SIR HENRY VANE c. I was resolved for ingenuity and gratitudes sake to vaile my Bonnet to them as farre as with honesty and a good conscience I could And therefore it was that I had obeyed their Warrant and promised to appear at their Barre which as I sent him word was more then by Law I was bound unto but yet when I came there I was resolved at their Bar to protest against their jurisdiction over a Commoner but I could doe no lesse then acquaint his Lordship with it before-hand that so if he pleased to save and preserve the honour of their House he might if not I would doe it if I dyed for it And if his Lordship pleased I would meet him at the stroke of Nine a clock at COL FLEETWOODS in black Fryers to talk with him further about it where he appointed to meet me and away went I to a friend and drew up my Protestation leaving him one copy to print in case I were imprisoned and I took another with my hand and seal to it and accordingly Mr. Speaker I met my Lord at Col. Fleetwoods house who as I remember was gone abroad whereupon I walked with my Lord to the black-Fryers bridg where we had a large discourse about the Lords originall jurisdiction over Commoners and I shewed him my protestation the marrow of which he read and I earnestly intreated him that he would be pleased to speak to the EARL OF ESSEX AND WARWICK AND MY LORD ROBERTS who was the principall man that had done all my businesse for me and tell them from me I bore so much honourable respect unto them and their House that if they pleased to command me to wait upon them I would and upon all the rest of the Lords in the house and freely answer them to any questions that they in honour could demand of me and I in conscience return an answer to alwayes provided they talked not with me as a House nor a Committee from their House for having been fighting for my Liberties and Freedoms I protested unto his Lordship before the God of Heaven and Earth and so I wish'd him to tell them that if they forced me to their Bar I both must and would protest against their incroachment upon the Commoners Rights and appeal for justice against them to the House of Commons although I died for it immediatly And his Lordship told me he beleeved the House of Commons would not stand by me and I answered I was confident they would for it was their own Interest but if they would not I told his Lordship now I knew my Liberties I would never betray them while I breathed And this my Lord I tell you further and do professe it before Almighty God that if your House will not be ruled by reason but by their greatnesse think to crush me and by force engage me in a contest against you I so well understand the firmnesse of the grounds upon which I go that I will venture my heart bloud against you and never make peace with you till either you have destroyed me or I have p●ucked you or your Vsurpations up by the roots So away he went and kept it off till about one of the clock And Mr. Speaker when I was called in to their Bar in going in I put no affront upon them but went bare-head and gave them three or four conges with all respect before I came to their Bar where they fell a playing the High Commission Court with me in examining me upon Interrogatories against my self which forced me to deliver in my Protest against them so that Mr. Speaker I am sure I pick'd no quarrell nor sought any with them But now Mr. Speaker being so deeply engaged against them by their own folly as I am for the preservation of the Laws and Liberties of my native Country against their trampling them under their feet in the enjoyment or practise of their usurpations I will never make peace with them while I live but studie night and day how to pluck them up by the roots which I am confident Mr. Speaker is also the duty of this House if they will rightly and truly discharge their duty to the Kingdom according to that trust they have reposed in them The Reader may be pleased to take notice that at the Bar when I was speaking of writing of Letters I took notice of one of the priests positive Charges which was that I had writ a Letter to Sir Anthony Weldon of Kent which I told M. Speaker was the absolutest lye in the world for I never had a hand in the least in writing or indicting a Letter to Sir Ant. Weldon neither did I read or heard read any Letter unto him But M. Speaker said I there is well nigh forty lyes more as palpable ones as this in his Relation which I dare with confidence aver it at this bar if I had in writing verbatim the very relation that he hath now made before this House by word of mouth for all his confidence that I could by multitude of witnesses of upright life conversation in all their conversings with their neighbours and of untainted fidelity to the Parliament and the common interest of the Kingdom in the worst of times punctually prove the greatest port of forty absolute lyes and falshoeds in his present confident relation and for his averring that I said or it was said at the meeting that we would only make use of the Parliaments name and of our Petition to them for a cloak to colour our raising of the people til we were strong enough to destroy them M. Speaker I aver it with confidence upon my life there was no such thing spoken at all in the foresaid meeting or any thing so much as tending thereunto all the time I was there but the absolute quite contrary the truth of which I am confident will if need require be averred upon Oath by the generality of the whole Company then met together And therefore Master

See Sir Edward Cook in his 1 part Inst l. 3. c. 13. Sect. 701. fol 368. Where he positively declares it was the native and ancient rights of all Englishmen both by the Statutes and common Law of England to pay no Fees at all to any administrators of Justice whatsoever See also 2 part Inst f. 74 176 209 210 and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office because he should be free and at liberty to doe justice and not to be fettred with golden Fees as setters to the subversion or suppression of truth and Justice Right be restored to us which is now also the price of our blood that in any Court whatsoever no moneys be extorted from us under pretence of Fees to the Officers of the Courts or otherwise And that for this end sufficient salaries or pensions be allowed to the Judges and Officers of Courts as was of old out of the common Treasury that they may maintain their Clerks and servants and keep their Oathes uprightly wherein they swear to take no Money or cloaths or other Rewards except meat and drink in a small quantity besides what is allowed them by the King and this we may with the more confidence claim as our Right seeing this honorable House hath declared in case of Ship-money and in the case of the Bishops Canons that not one penny by any power whatsoever could be levyed upon the people without common consent in Parliament and sure we are that the Fees now exacted by Judges and Clerks and Jaylors and all kinde of Ministers of Justice are not setled upon them by Act of Parliament and therefore by your own declared principles destructive to our property (s) (s) See the Articles of high Treason in our Chronicles against Judg Tresilian in Richard the seconds time and the judgment of Iustice Thorpe for taking money in Edward the Third● time 3 part Cooks Instit fol. 145 146 147 163 164 165. therefore we desire it may be enacted to be death for any Judge Officer or minister of Justice from the highest to the lowest to exact the least moneys or the worth of moneys from any person whatsoever more then his pension or salary allowed from the common Treasury And that no Judg of any Court may continue above three years 7. That whereas according to your owne complaint in your first Remonstrance of the (t) (t) See 1 part Book Dec. p. 9 state of the Kingdom occasion is given to bribery extortion and partiallity by reason that Judiciall places and other Offices of power and Trust are sold and bought that therefore for prevention of all injustice it be forthwith Enacted to be death for any person or persons whatsoever directly or indirectly to bay or sell or offer or receive moneys or rewards to procure for themselves or others any Office of power or Trust whatsoever See for this purpose 12 R 2. c. 2. 5. 6 Ed 6. c. 16. 1 part Cooks Institutes fol. 3●6 fol. 233 b. and 234 a. 8. Whereas according to Justice and the equitable sense of the Law Goals and Prisons ought to be only used as places of safe custody untill the constant appointed time of speedy tryals (u) (u) See Sir Ed. Cook 1 part Instit l. 3. c. 7. sect 438. fol. 260. a. who expresly saith Imprisonment must be a safe custody not a punishment and that a prison ought to be for keeping men safe not to punish them See also 2 part Institut f 43. 315. 589. 590. 591. 3. part fol. 3● 35. 4 part 168. and now they are made places of torment and the punishment of supposed offenders they being detained many years without any Legall tryals that therefore it be Enacted that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions Assizes or Gaol-delivery after his commitment (w) (w) See the Statute of the 4 E. 3 2. 12 R. 2. 10. and that at such tryal every such supposed offender be either condemned or acquitted 9. Whereas Monopolies of all kindes have been declared by this Honorable House to be against the fundamentall Lawes of the Land and all such restrictions of Trade doe in the consequence destroy not only Liberty but property that therefore all Monopolies whatsoever and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished and a free Trade restored and that all Monopolizers may give good reparation to the Commonwealth and to particular parties who have been damnified by them and to be made incapable of bearing any Office of power or trust in the Nation and that the Votes of this House Novemb. 19. 1640. against their sitting therein may be forthwith put in due execution 10. Whereas this House hath declared in the first Remonstrance of the (x) (x) See 1 part Book Declar. page 14. state of the Kingdome that Ship-money and Monopolies which were imposed upon the people before the late Warre did at least amount to 1400000 l. per annum and whereas since then the Taxes have been double and treble and the Army (y) (y) See the Armies last Representation to the House hath declared that 1300000 l. per annum would compleatly pay all Forces and Garrisons in the Kingdom and the Customes could not but amount to much more then would pay the Navie so that considering the vast summes of moneys raised by proposition-money the fift and twentyeth part sequest●ations and compositions excise and otherwise it is conceived much Treasure is concealed that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome to deliver in without delay to some faithfu●l persons as perfect an accompt as possible of all moneys levyed in such Town City or Parish for what use or end soever since the beginning of the late Warre and to return the severall Receivers names and that those who shall be employed by the severall Parishes in every Shire or County to carry in those accompts to some appointed place in the County may have liberty to choose the receiver of them and that those selected persons by the severall parishes in every County or Shire may have liberty to invest some one person in every of their respective Counties or places with power to sit in a Committee at LONDON or elswhere to be the Generall Accomptants of the Kingdom who shall publish their Accompts every month to the publick view and that henceforth there be onely one Common Treasury where the Books of Accompts may be kept by severall persons open to the view of all men 11. Whereas it hath been the ancient Liberty of this Nation That all the Free-born people have freely elected their Representers in Parliament and their Sheriffs and (z) (z) 28 Edw. 1. Chap. 8. 13. See 2 part instit fol 174 175 558 559. where Sir Ed. Cook positively declares that in ancient

the Nation In particular we earnestly intreat Fi●st that seeing we conceive this Honorable House intrusted by the People with all power to redresse our grievances and to provide security for our Freedoms by making or repealing laws Erecting or abolishing Courts displacing or placine Officers and the like and seeing upon this consideration we have often made our addresses to you and yet we are to depend for all our expected good upon the wills of others who have brought all our misery (g) (g) See the Kings Deccla of the 12 of Aug 1642. 1 part Book Dec. p. 522. 526 528 548. p. 617. 726 728. upon us that therefore in case this Honourable House will not or cannot according to their trust relieve and helpe us that it be cleerly declared that we may know to whom as the Supreame power we may make our present addresses before weperish or be enforced to flie to the Prime Laws of nature (h) (h) See 1 part book Dec. p. 44 150. 182. 426. 637. 690. for refuge 2. That as we conceive all Governours and Magistrates being the Ordinance h) h) See Col. Nath. Fienne's his Speech against the Bishops Canons made in 1640 in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50 51. 52. of men before they be the Ordinance of God and no authority being of God approbationally but what is erected by the mutual consent of a People and seing this Honorable House alone represent or ought to represent the people of this Nation that therefore no person whatsoever be permitted to exercise any power or authority in this Nation who shall not cleerly and confessedly receive his power from this House and be always accountable for the discharge of his trust to the people in their representers in Parliament or otherwise that it be declared who they are which assume to themselves a Power according to their own wils and not received as a trust from the People that we may know to whose Wills we must be subject and under whom we must suffer such oppressions as they please without a possibility of Justice against them 3. That considering that all just power and Authority in this Nation which is not immediately derived from the people can be derived only from this honourable House and that the People are perpetually subject to Tyranny when the Jurisdiction of Courts and the power and Authority of Officers are not cleerly described and their bounds and limits (i) (i) See your Remonstance of the State of the Kingdom book Dec. p. 6. 8 15. See also the act made this Parliament that abolished the Star-chamber and High-Commission prefixed That therefore the Jurisdiction of every Court of Judicature and the power of every Officer or Minister of Justice with their bounds and limits be forthwith declared by this Honorable House and that it be enacted that the Judges of every Court which shall exceed its jurisdiction and every other Officer or Minister of Justice which shall intermeddle with matters not coming under his Cognisance shall incur the forfeiture of his and their whole estates and likewise That all unnecessary Courts may be forthwith abolished and that the publick Treasury out of which the Officers solely ought to be maintained (k) (k) See the statute of Westminst 1. made 3 Ed. 1 chap. 26. 20 Ed. 3.1 and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pul●ons collections of Statutes fol. 144. may be put to the lesse charge 4. That whereas there are multitudes of complaints of Oppression by Committees of this House determining particular matters which properly appertains to the cognizance of the Ordinary Courts (l) (l) See the 29. c. of Mag. Charta Sir Ed. Cooks Exposition upon it in his 2 part Instit f. 46. to 57. and the Petit. of Right of Justice and whereas many persons of faithfull and publick spirits have been and are daily molested vexed imprisoned by such Committees sometimes for not answering Interrogatories and sometimes for other matters which are not in Law criminal and also without any legal Warrants expressing the cause and commanding the Jaylor safely to keep their bodies untill they be delivered by due course (m) (m) See the Petition of Right made in the 3 of the King and Sir Edward Cooks 2 part Institutes f. 52. 53. 315. 589. 590. 591. 615. 616. and 661. of Law And by these oppressions the persons and estates of many are wasted and destroyed That therefore henceforth no particular cause whether criminal or other which comes under the cognizance of the Ordinary Courts of Justice may be determined by this House or any Committe thereof or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make and who are to be censured by this House in case of injustice Alwayes ex●epted matters relating to the late War for indemnity for our assisters and the exact observation of all Articles granted to the adverse (n) (n) See Psa 15.4 Exod. 5.3 Deu. 23.21.22 2 Sam. 21.5 6. Eccl 5.4 5. Party and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes (o) (o) See Rom. 4.15 according to Law And that all persons imprisoned at present for any such matters or without such legal Warrants as above-said upon what pretence or by what Authority soever may be forthwith released with due reparations See the Armies Book ofDeclar pag. 11 31. 32. 33. 34 45. 97. 5. That considering its a Badge of our sl●very to a Norman Conqueror to have our Laws in the French Tongue and it is little lesse then brutish vassalage to be bound to walk by Laws which the people (p) (p) See 36. E. 3. 15 1 Cor. 14.7 8 11 16 19 23. See also the English Chronicles in the Reign of Wil. conqueror cannot know that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue (q) (q) See Exo 24.7 31.18 chap. 34. Deut. 30.12 13 14. 5.1 5 24 27 31. and 6.1 6 7 8. and 9.10 and 11.18 19.20 and 27.8 without any abbreviations of words and in the most known vulgar hand viz. Roman or Secretary and that Writs Processes and Enrolments be issued forth entred or inrolled in English and such manner of writing as aforesaid 6. That seeing in Magna Charta which is our native Right it is pronounced in the name of all Courts That we will sell to no man we will not deny or defer to do any man either Justice or Right notwithstanding we can obtain no Justice or Right neither from the common ordinary Courts or Judges nor yet from your own Committees though it be in case of indempnity for serving you without paying a dear price for it that therefore our native (r) (r)