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justice_n party_n peace_n warrant_n 4,409 5 10.2565 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A97098 The fountain of slaunder discovered. By William Walwyn, merchant. With some passages concerning his present imprisonment in the Tower of London. Published for satisfaction of friends and enemies. Walwyn, William, 1600-1681. 1649 (1649) Wing W682; Thomason E557_4; ESTC R204437 31,569 29

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said to this effect that the Parliament had reposed a great trust in them for finding out the Authors of that Book and that the Councel were carefull to give a good accompt of their trust in order whereunto I had been called in and what I had said they had considered but they had now ordered him to ask me a question which was this Whether or no I had any hand in the making or compiling of this Book holding the Book in his hand To which after a little while I answered to this effect That I could not but very much wonder to be asked such a question howsoever that it was very much against my judgment and conscience to answer to questions of that nature which concern'd my self that if I should answer to it I should not only betray my own liberty but the liberties of all English-men which I could not do with a good conscience And that I could not but exceedingly grieve at the dealing I had found that day that being one who had been alwaies so faithfull to the Parliament and so well known to most of the Gentlemen there present that neverthelesse I should be sent for with a party of horse and foot to the affrighting of my family and ruine of my credit and that I could not be satisfied but that it was very hard measure to be used thus upon suspicion only professing that if they did hold me under restraint from following my businesse and occasions it might be my undoing which I intreated might be considered Then the President said I was to answer the question and that they did not ask it as in way of triall so as to proceed in judgment thereupon but to report it to the House To which I said that I had answered it so as I could with a good conscience and could make no other answer so I was put forth a back way as Mr Lilburn had been and where he was After this they cal'd in Mr Overton and after him Mr Prince using the very same expressions and question to all alike and so we were all four together and after a long expectance we found we were committed Prisoners to the Tower of London for suspicion of high treason where now we are to the great rejoycing of all that hate us whose longing desires are so far satisfied And to make good that face of danger which by sending so many horse and soot was put upon it a strong Guard hath ever since been continued at Darby house when the Councel sits And now again fresh aspersions and reproaches are let loose against us and by all means I that never was beyond the Seas nor ever saw the Sea must be a Jesuite and am reported to be now discovered to be born in Spain That because I am an enemy to s● ●●tition therfore they give out I intend to destroy all Religion and which I never heard 〈◊〉 now that I desire to have all the 〈◊〉 in England burnt that I value Heathen Authors above the Scriptures 〈◊〉 〈◊〉 know me can testifie how though I esteem many other good Book 〈◊〉 well yet I ever prefer'd the Scriptures and I have alwaies maintain●●● that Reason and Philosophy could never have discovered peace and reconciliation by Christ alone no● do teach men to love their enemies doctrines which I prize more then the whole world It seems I am used so ill that except by aspersions I be ●●●de the vilest man in the world it will be thought I cannot deserve it And though I were yet living under a civil Government as I hope I ever shall do and not under a Military I cannot discern how such dealing could be justified For admit any one should have a mind to accuse me o● treason the party accusing ought to go to some Justice of the Peace dwelling in the County or hundred and to inform the ●act which if the Justice find to be against the expresse law and a crime of treason and that the accuser make oath of his knowledge of the fact then the Justice may lawfully give out a Warrant to be served by some Constable or the like civil Officer to bring the party accused before him or some other Justice wherein the party accused is at liberty to go to what Justice of Peace he pleaseth and as the matter appeareth when the parties are face to face before a Justice with a competent number of friends about him to speak in his behalf as they see cause his house being to be kept open for that time then the Justice is to proceed as Laws directeth as he will answer the contrary at his perill being responsible to the party and to the Law in case of any extra-judiciall proceeding and the Warrant of attachment and commitment ought to expresse the cause of commitment in legall and expresse tearms as to the very fact and crime and to refer to the next Goal delivery and not at pleasure Whereas I was fetcht out of my bed by souldiers in an hostile manner by a Warrant expressing no fact that was a crime by any law made formerly but by a Vote of the House past the very day the Warrant was dated Nor was I carried to a Justice of the Peace much lesse to such a one as I would have made choyce of where my Accuser if any was to appear openly face to face to make oath of fact against me if any were but before a Councel of State where I saw no Accuser face to face nor oath taken nor my friends allowed to be present nor dores open but upon a bare affirmation that the Councel was informed that I had a hand in compiling a Book the title nor matter whereof was not mentioned in any law extant whereas treason by any law is neither in words nor intents but in deeds and actions expresly written totidem verbis in the law And after being req●●red to answer to a question against my self in a matter avouched by Vote of Parliament to be no lesse then Treason was committed Prisoner not to a common County prison nor for the time referred to the next Goal delivery by the ordinary Courts of Justice my birthright but to the Tower of London during pleasure preferred to be tryed by the upper Bench whereas treason is triable only in the County where the fact is pretended to be committed All which I have laboured with all the understanding I have or can procure to make appear to be just and reasonable but cannot as ye● find any satisfaction therin being clear in my judgment that a Parliament may not make the people lesse free then they found them but ought at least to make good their liberties contained in Magna Charta the Petition of Right and other the good Laws of the Land which are the best evidences of our Freedoms Besides I consider the consequence of our Sufferings for in like manner any man or woman in England is liable to be fetcht from the farthest parts of the Land