Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	commission_n	justice_n	session_n	2,519	5	10.6842	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

may the better govern himself without offending of the Law and the better keepe save defend his heritage and possessions and in divers regions and countryes where the King the Nobles and other of the said Realm have been good governance and full right is done to every person because that their Lawes and Customes be learned and used in the tongue of the Country The King desiring the good governance and tranqullity of his people and to put out and eschew the harmes and mischiefs which do or may happen in this behalf by the occasions aforesaid hath ordained and established by the assent aforesaid that all Pleas which shall be pleaded in any Courts whatsoever before any of his Iustices whatsoever or in his other places or before any of his other ministers whatsoever or in the Courts and places of any other Lords whatsoever within the Realme shall be pleaded shewed defended answered debated and iudged in the English tongue and that they be entred and inrolled in Latine And that the Lawes and Customes of the same Realme Termes and Processes be holden and kept as they be and have been before this time and that by the ancient tearmes and formes of Pleaders 46 Ed. 3. fo 21. Dyer fo 2 99. Cooke li. 8. fo 163. li. 10 fo 132. Co. inst 304. no man be prejudiced so that the matter of the action be fully shewed in the Declaration and in the Writ And it is accorded by the assent aforesaid that this ordinance Statue of pleading begin and hold place at the fifteenth of S. Hillary next coming The 37. of Edward the 3. chap. 18. fol 190 The order of persuing a Suggestion made to the King ITem though it be contained in the great Charter that no man be taken or imprisoned nor put out of his freehold without processe of the Law never the lesse divers people make false suggestion to the King himselfe as wel for malice as otherwise whereof the King is often grieved St. 9. H 3.29 and divers of the Realm put in damage against the forme of the same Charter Wherefore it is ordained that all they which make such Suggestions shall be sent with the same suggestions before the Chancellor Treasurer and his grand Counsell and that they there finde surety to pursue their suggestions and incurre the same paine that the other should have had if he were attainted in case that his Suggestion he ' found evill St. 38. Ed. 3. 9. And that then processe of the Law be made aganst them without being taken and imprisoned against the form of the said Charter and other Statutes St. 25. Edward 3. 4. 42. Ed. 3. 3. The 42 of Edward the 3. Chap 1. ●093 A confirmation of the great Charter and the Charter of the Forest And a repeale of those Statutes that be made to the contrary AT the Parliament of our Lord the King holden at Westminster the first day of May the two and fortieth yeare of his reigne It is assented and accorded That the great Charter and the Charter of the Forest be holden and kept in all points and if any Statute be made to the contrary that shall be holden for none The 8. of Richard the 2. Chap. 2. fol. 217. No man of Law shall be a Iustice of Assise or Gaole delivery in his own Country ITem it is ordained and assented That no man of ●●w shall be from henceforth Iustice of Assises or of common deliverances Gaoles in his own Country And that the chiefe Iustice of the common Bench be assigned amongst other to take such Assises and deliver gaoles but as to the chiefe Iust●ce of the Kings Bench it shall be as for the most part of an hundred yeares last past was wont to be done St. 13. H. 4 2.33 H. 8.24 The 8. of Richard the 2 Chap. 4. fol. 218 The penaltie if a Iudge or Clerke make any false Entry rase a Roll or change a verdict ITem at the complaint of the said Communalty made to our Lord the King in the Parliament for that great disherison in times past was done of the people and may be done by the false entring of Pleas rasing of Rolles and changing of verdict It is accorded and assented that if any Iudge or Clerk● be of such default so that by the same default there ensueth disherison of any of the parties sufficiently convict before the King and his Councell by the manner and forme which to the same our Lord the King and his Councell shall seem reasonable and within two yeares after such default made if the partie grieved be of full age and if he be within age then within two years after that he shal come to his ful age he shal be punished by sine and ransome at the Kings wil and satisfie the party And as to the restitution of the inheritance desired by the said Commons the party grieved shall sue by Writ or otherwise according to the Law if hee see it expedient for him St. 8 H. 6.82 The 12 of Richard the 2. Chap. 10. fol. ●23 How many Iustices of peace there shall be in every County and how often they shall keep their Sessions ITem it is ordained and agreed that in every Commission of the Iustices of Peace there shall be assigned but six Iustices with the Iustices of Assises and that the said six Iustices shall keep their Sessions in every quarter of the yeare at the least and by three dayes if need be upon pain to be punished according to the discretion of the Kings Councell at the suit of every man that will complain And they shall inquire diligently amo●g other things touching their offices if the said Majors Bailifes Stewards Constables and Gaolers have duly done execution of the said Ordinances of servants and labourers beggars and vagabonds and shall punish them that be punishable by the said paine of an hundred sh●llings by the same paine and they that be found in default and which be not punishable by the same pain shall be punished by their discretion And every of the said Iustices shall take for their wages foure shillings † † 36. Ed. 3. 12. 14. R. 2. 11. See also the wages of the Clerke of the peace in the Statutes of 27 H. 8. 16. and 5. Eliz. 12. and 13. Eliz. 25. the day for the time of their foresaid Sessions and their Clerke two shillings of the fines and amerciaments rising and comming of the sa●e Sessions by the hands of the Sheriffes And that the Lords of franchises shall be contributary to the said wages after the rare of their part of sines and amerciaments aforesaid And that no Steward of any Lord be assigned in my of the said Commissions And that no association shall be made to the Iustices of the peace after their first Commission And it is not the intent of this Statute that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall

this collectio abroad I shall draw towards a conclusion and let my Country men here reape the benefit of the answer I sent to the querys of some of my friends mentioned in the Epistle Dedicatory which was the originall and principall occasion of my compiling this book which thus followeth By the statute of Westminster the first made in the 3. of Edward 1. chap. 26. which you may reade verbatim in the 7. page of the following collection their are no fees due from any free man of England to any Officer of Iustice whatsoever but what they have immediatly from the publique treasure of the Kingdom for ther sallories or wages and it is aginst a Iudges Oath to take any whose oath you may at large read in the 10. page following read also that remarkable page in the merror of Iustice pag. 258. 233. for the proof of this but especially read the marginall notes in the 69. page following and he that exacts any shal by the formencioned statue pay back again twice as much c. but it is true by some latter statues as the 23. Hen. 6. chap. 10. which you may reade verbatim in the 18.19 following pages and 33. Hen. 6.12 and 21. Hen. 7.17 c. there are some small fees to be paid And also Sir Edward Cook in the 1. part of his institutes lib. 3. chap. 13. sect 70. fol. 368. saith such reasonable fees as have been allowed by the Courts of justice of an ancient time to inferior ministers and attendants of Courts for their labour and at●tendance if it be asked and taken of the subject it is no extortion But there is none at all due for entring and recording of apperance nor for the removing upon a Certionary But against Sir Edward Cooks opinion in this particular I offer this to consideration that by the Petition of right the King himselfe with all his Lords cannot justifiably lay a penny upon nor take a penny from the meanest man in England without common consent in Parliament and if the King c. the greater cannot doe it then undeniably the Iudges or justices the lesser can much lesse doe it And besides by the same right that under pretence of dues or fees by their arbitrary wills and pleasures they take one farthing from you or me they may take a penny yea a shilling ye a pound yea a thousand pound and so ad infinitum and so Levell and destroy al properrity of meum tuum see for the power of an act of Parliament the notable arguments of Iudg Hutton Iudg Crooke in the case of ship-money but especialy the Parliaments votes annexed to those arguments for which very thing divers of the Iudges in the case of ship-money were this very Parliament impeached of Treason and the Bishops for makeing their cannons by the Kings single authority to binde their Cleargies pursses without authority of Parliament were for that and the like defunct of all their power † † See Mr. Nat. Fines his notable speech against the Bishops Cannons made 1640 and printed in a book called Speeches and passages prsnted for Will-Crook at Furnivals Inne gate in Holborne 1641. page 49. 50. 51. and the house of Commons vote Dec. 15. 1640. ibim page 328. and the statute made this Parliament that abolished Eccelesiasticall Iurisdiction 2. The presentment is often brought in English but it it must be entred and recorded in lattin by the statute of the ●6 Ed. 3. 15. which you may reade in the 12. following page and no processe is to be awarded but af the presentment is entred and recorded in lattin the presentment must mention the offence and so must the writ or processe as clearly appeares in the last foremencioned most notable and remarkable statute see also Sir Edward Cooks second part instituts upon the 29. chap of Magna Charta fol. 51. 52. 53. see Vox plebis page 37 and the merror of Iustice chap. 5. sect 1. division 98. page 238 nay the last author in his 233 page division 71. saith that it is abuse of the Common Law that any plaint is received to be heard without sureties present to testifie the plaint to be true 3. The Iustices siting upon the bench may verbally commit a man for an offence lying under their cognizance but there must be a Mittitur or Commitment entred upon Record See the 14. Henry 7. fol 8. in Sir Thomas Greenes case See also the 70. page of the following discourse 4. The Iustices of peace cannot continue a man bound above two or three Sessions at most and if they continue him more they may aswell continue him for thirteen and so for thirteen score for it is a vexation and the Law gives him remedie by an action of the case against the Iustices wherein they shall be sined to the King for the vexation and pay damages to the partie Plaintiffe 5. An Indictment for extortion must be in the proper County before the Iustices of Oyer and Terminer or Iustices of the peace 6. Vpon an arrest the Officer must declare at whose suit for what and what returne the processe hath see the Countesse of Rutlands case of arrest in the sixt part of Cookes Reports 7. For a Plea against an Indictment for not comming to Church to heare Common Prayer c. It is framed to your hand in the 20 21 22 ●3 pages of my large Epistle to Col. Henry Martin of the 31. of May 1647. called Rash Oaths to which I referre you 8. Thou go you be committed justly and legally be sure as soon as you are committed if possible you can proffer legall Baile in person to those that commit you but for this I wholly referee the Reader to the 70 71 72. pages of the following discourse in which I have given some directions to my Country men how to guide themselves by the rules of the Law of England in all ordinary molestations that can befall them by Knaves malicious men or Tyrants saving in the point of panniling of Iuries upon them in case they come to any triall for their lives c. and for that point I doe wholly referre the Reader to the 24 25 26. pages of my notable book called the Resolved mans resolution where also the cheats and illegallities of Committees procedings are anotamised and to the 1. part of Sir Edward Cooks Inst lib. 2. chap. 12. Sect. 234 fo 156 157 and his 3. part fo 32. 33. My labours herein I desi●e may find a courteous acceptation at the hands of my oppressed friends and Country-men and I have my reward and shall therein reioyce and be incouraged for the future improvement of my poore talent to doe them further service Iohn Lilburne From my causelesse captivitie in the Tower of London upon a now account this 17 of Feb. 1647. For upon the 19. of Ian. last the House of Commons committed me to prison as their prisoner for treasonable and seditious practises against the state And

his Ward foure pence And that the Sheriffe under Sheriffe Sheriffes Clerke Steward or Bailiffe of Franchise servant or Bailiffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panell but foure pence and that the said Sheriffes and all other officers and Ministers aforesaid shall let out of prison all manner of persons by them or any of them arrested or being in their custody by force of any writ bill or warrant in any action personall or by cause of indictment of trespasse upon reasonable sureties of sufficient persons having sufficient within the counties where such persons be so let to bail or mainprise to keep their dayes in such places as the said writs Fitz N. B. fo 251. B. Plow fo 60. Coke l. 10. fo 101. 37. H. 6. fo 1. Plow fo 60. Dyer fo 118. 323. 364. 7. Ed. 4. fo 5. Coke li. 3. fo 59. li. 10. fo 99. Rast pla fo 371. 31. El. 9. Dyer fo 25. bels or warrants shall require Such person or persons which shall be in their Ward by condemnation execution Capiat utlagatum or excommunicatum surety of the peace and all such persons which be or shall be committed to ward by speciall commandement of any Iustices and vagabonds refusing to serue according to the forme of the Statute of Labourers only except And that no Sheriffe nor any of his officers or Ministers aforesaid shal take or cause to be taken or make any obligation for any cause aforesaid or by colour of their office but only to themselves of any person nor by any person which shall be in their Ward by the course of the law but by the name of their office and upon condition writen that the said prisoners shall appeare at the day contained in the said writ bill or warrant and in such places as the said writs bills or warrants shall require And if any of the said Sheriffes or other Officers or Ministers aforesaid take any obligation in other form by colour of their offices that it shall be void And that he shall take no more for the making of any such Obligation Warrant or precept by them to be made but foure pence And also that every of the said Sheriffes shall make yearly a deputy in the Kings Courts of his Chancery the Kings Bench the Common Place and in the Exchequer of Record before that they shall return any Writs to receive all manner of Writs and Warrants to be delivered to them And that all Sheriffes under Sheriffes Clerkes Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises or any other officers or ministers which doe contrary to this Ordinance in any point of the same shall loose to the party in this behalfe indamaged or grieved his treble damages and shall forfeit the summe of 40. l. at every time that they or any of them doe the contrary thereof in any point of the same whereof the King shall have the one halfe to be imployed to the use of his house and in no otherwise and the party that will sue the other halfe And that the Iustices of Assises in their Sessions Iustices of the one Bench and of the other and Iustices of the Peace in their County shall have power to enquire heare and determine of office without speciall Commission of and upon all them that doe contrary to these Ordinances in any article or point of the same And if the said Sheriffes return upon any person Cepi corpus or Reddidit se that they shall be chargeable to have the bodies of the said persons at the dayes of the returns of the said Writs Bills or Warrants in such form as they were before the making of this Act. The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise No Officer shall seise the goods of a prisoner untill he be attainted FOrasmuch as divers persons have been dayly arrested and imprisoned for suspection of Felony somtime of malice and sometime of a light suspection and so kept in prison without baile or mainprise to their great vexation and trouble Be it ordained and established by authority of this present Parliament that every Iustice of peace in every Shire City or Town shall have authority and power by his or their discretion to let such prisoners and persons so arrested to Baile or Mainprise in like forme as though the same prisoners or persons were indicted thereof of record before the same Iustices in their Sessions and that Iustices of Peace have authority to enquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony Rep. 3. H. 7. 3. 1. 2. P. M. 13. 7. H. 4. fo 47. 44. Ass Pl. 14. 43. Ed. 3. fo 24. Cook li. 1 fo 171. 26. Ass pl. 32. And that no Sheriffe under Sheriffe not Escheater Bailiffe of franchise nor any other person take or seize the goods of any person arrested or imprisoned for suspition of felony before that the same person so arrested and imprisoned be convicted or attainted of such felony according to the Law or else the same goods otherwise lawfully forfeited upon pain to forfeit the double value of the goods so taken to him that is so hurt in that behalfe by action of debt to be pursued by like processe judgement and execution as is commonly used in other actions of debt sued at the Common law And that no essoin or protection be allowed in any such action Nor that the defendant in any such action be admitted to wage or doe his Law I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867. And be it further inacted by authority aforesaid that if any person doe substract or withdraw any manner of tyths obventions profits commodities or other duties before mentioned or any part of them contrary to the true meaning of this act or of any other act heretofore made that then the party so substracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiastical court † † Suits for withholing of tyths shall bee in the Eccllesiasticall Court and no where else by the party from whom the same shal be substracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there heare and determine the same according to the Kings Ecclesiasticall Lawes And that it shall not be lawfull unto the Parson Vicar Proprietory Owner or other their Fermors or deputies contrary to this act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge than Ecclesiasticall And if any Arch-Bishop Bishop Chancellor or other Iudge Ecclesiasticall give any sentence in the foresaid causes of tithes obventions profits emoluments and other duties aforesaid or in any of them and no appeale

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

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 a●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 R●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 cut●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 th● 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

had beene Engaged to oppose them pay they could not have cashiered one Soldier that joyned in the Engagement for they promised each to other not to suffer themselves to be divided before the ends of their Engagements was accomplished 2. The station of the Members of this new councel in this Army was different from the station of al M●mbers of former Councels by the Engagement there was to be two Soldiers in no office out of every Regiment to have voices equall to the Generall himself in all votes a thing never practised nor heard of in an Army serving the will of a State 3. The number of the Members of this Councel is different from al customes and rules of Martiall Discipline In this Councel there was to be but foure of every Regiment with the General Officers which concurred thus this Councel differed from all Customes in any Army in respect of the Members whereof it was constituted 2. This new Councell differed from the rules of Warre in the manner of its constitution this was not to be constituted by the Gens wil or according to the degrees or offices of men in th● Army but in a Parliamentary way by the Soldiers free election the Gen. is bound from calling an Officer to the Councell unlesse he be chosen by his Regiment 3. Reason proving the dissolution of Martiall Government in the Army The Gen. in associating with the Soldiers did in the very Engagement give away all his power of exercising Martial Disciplin he engaged to them they to him that they would not suffer themselves to be disbanded or devided till the ends of their uniting were obtained Hereby he divested himselfe of his arbitrary power of cashiering Officers and Soldiers at his pleasure the cashiering one Officer or Soldier which associated with the body of the Army in the engagement is a disbanding at deviding on part of the Army from another which he the Army mutually ●●ciprocally engaged neither to attempt nor suffer likewise by this engagment he divested himself of power to command the Soldiers to march to what distance he pleaseth one from an other this is an other kinde of dividing the Army which he enaged neither to effect nor suffer 4. Reason proving the dissolution of the Government of the Army by Law Martiall The whole Army by agreement or joynt consent cashiered all Officers at New maket Heath that would not associate with them and engage to stand for common right and freedom though against the Parliament and so they houted divers Officers out of the field unhorsed some and rent their cloathes and be at them this in the face of the Gen. al which acts weare death by Martiall Law but this was an actuall declaration that the Army did admit of Officers by mutuall agreement onely and therefore Government by law Martiall was dissolved unlesse it had been established by mutuall consent throughout the Army for Officers at that time being only admitted by mutuall consent they could have no power but what was betrusted to them by the Soldiers 2. Plea But in case the Government of the Army by Law Martiall had not been dissolved by a mutuall ingagement yet the very being of peace did dissolve its for in the Petition of * See Poultons collection of statutes p. 1431. 1432. Right its declared that ●● person ought to be adjudged by Law Martiall except in time of Warre and that all Commissions given to execute Martiall Law in time of peace are contrary to the Lawes and Statutes of the Kingdome and it was the Parliaments complaint that Martiall Law was then commanded to be executed upon Soldiers for robbery mutiny or murther And it was setled as the undoubted right of every English man that he should be punishable only in the Ordinary Courts of justice according to the Lawes and Statutes of the Kingdome By all this it appeares that it is illegall and uniust for the Officers of the Army to try or punish any Agent or other by Law Martial upon pretence of Muteny or any other offence the whole Army stand as Englishmen and if they offend are not exempted from the proceeding against them and punishments to be inflicted upon them by the lawes and statutes of the Kingdome and therfore cannot in Iustice be subject also to law martiall so that all Agents and Soldiers now accused for mutiny for their late prosecution of publick freedome according to the agreement of the people without their Officers content shall unworthily betray their owne and their Countreys Liberty if they shall submit to be tryed in any other way then by the knowne Lawes and statutes of the Land The forementioned Plea of William Thompson who was lately a Corporal in Colonell Whaleyes Regiment and was formerly cashiered at the head thereof and yet after that imprisoned and indeavoured to be hanged for his honesty thus followeth Englands Freedome Souldiers Rights Vindicated against all Arbitrary uniust Invaders of them and in partcicular against those new Tyrants at Windsore which would destroy both under the pretence of Marshall Law OR The just Declaration Plea and Protestation of William Thompson a free Commoner of England unjustly imprisoned at Windsore Delivered to his Excellency Sir Thomas Fairfax and that which is called his Councell of Warre the 14. of December 1647. Unto which is annexed his Letter to the Generall wherein the said Plea was inclosed Also a Petition of the rest of his Fellow-Prisoners to his Excellency May it please your Excellency I Am by birth a free Commoner of England and am thereby intailed or intituled unto an equall priviledge with your self or the greatest men in England unto the freedome and liberty of the Lawes of England as the Parliament declares in their Declaration of the 23. of October 1642. 1 part book Decl. pag. 660. And the 29. Chap. of Magna Charta expresly saith That no man shall be taken or imprisoned or be disseised of his Freehold or Liberties or free customes or be outlawed or exiled or any other wayes destroyed nor pest upon nor condemned but by the lawfull Iudgement of his Peers or Equalls and that by due course or processe of the Law of the Land † † See Sir Edw. Cooks Exposition hereof in his 2. part Institut fol. 46 47 50 51. which expresly saith that no man shall he taken or restrained of his libertie by petition or suggestion made unto whomsoever in authority unlesse it be by indictment or presentment of good and lawfull men where such deeds be done and that no man whatsoever be put to answer any crime whatsoever without presentment before Iustices or matter of record or by due processe and writ orinall according to the old law of the land and if any thing from henceforth be done to the contrary it shall be void in law and holden for * * Se the 5. Ed. 3.9 25. Ed. 3.4 28. Ed. 3.3 37. Ed. 3.18 42. Ed. 3.3 and the Petition of