Selected quad for the lemma: peace_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
peace_n	justice_n	oath_n	session_n	2,554	5	10.8429	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66820	The high court of justice. Or Cromwells new slaughter-house in England With the authoritie that constituted and ordained it, arraigned, convicted, and condemned; for usurpation, treason, tyrannie, theft, and murder. Being the III. part of the Historie of independencie: written by the same author.; High court of justice	Walker, Clement, 1595-1651.; Andrews, Eusebius, d. 1650.	1651 (1651)	Wing W324D; ESTC R203985	41,776	78

not by any Law of the Land but by the will of lawlesse power and Rebellion that hath cancelled all our Lawes Liberties and Properties and subverted our Fundamentall Government and disfranchised and disinherited the whole Nation Yet Master St. Iohns in his said Argument against Strafford p. 38. was then of opinion That to subvert the Lawes and Government and make a Kingdom no Kingdom was Treason at the Common Law This Act 26. Mar. 1650 is a new modelled Commission of Oier and Terminer And all the people of the Land are by the consequence thereof disfranchised and proscribed The illegality and tyranny thereof they have introduced who in this Parliament so zealously complained against the Court of the President Counsel of York or of the North as an intolerable grievance notwithstanding it had been of as long continuance as from 31. H. 8 as appears by a worthy Members speech or Argument against it in the said Book of Speeches Passages p. 409. made by order of the House of Commons in April 1649. I find not one Exception there made against the Court of York to which this upstart high Court is not more liable then it 1. The Commissioners of this high Court are not appointed to inquire per Sacramentum proborum legalium hominum that is by Iuries as by Magna Charta and above 30. Statutes confirming it all Commissions ought to run 2. They are not appointed nor sworn to heare determine Secundùm Leges Angliae according to the known Lawes as they ought to be but according to certain Articles powers given in the said Act 26. March 1650. 3. The said Act 26. March leaves a dangerous latitude to the interpretation and discretion of the Commissioners contrary to what is done in the Act 25. Ed. 3. chap. 2. namely It hath one Clause enabling them to inflict upon Offenders such punishment either by death or otherwise corporally as the said Commissioners or the major part of them present shall judge to apperteine to Justice This leaves it in the brests of the Commissioners without any Law or rule to walk by to inflict what torments and ignominious punishments they please although not used in our Nation and arbitrary corporall paines are proper to slaves not to Subjects Here after the losse of all but their bodies the people may see their bodies subject to the lawless wills of our Grandees And by another clause this Act impowreth the Commissioners To examine witnesses upon oath or otherwise if need be This word or otherwise c. gives them power to examine witnesses without oath if they cannot procure witnesses so far the sons of Belial and cauterised in conscience as to adventure upon an oath even in case of life and death and mutilation of members contrary to the current of all our Lawes and practice of all our Courts of Law and of all Nations See Stat. 1. Ed. VI chap. 12. 5 Ed. VI chap. 11. Cooks 3. Inst. pag. 24 25 26. Deut. 17. 6. Ex ore duorum vel trium peribit qui-occidetur Deut. 17. 6. Matth. 18. 16. John 18. 23. 2 Cor. 13. 1. Heb. 10. 28. This is the most arbitrary destroying liberty that ever was given to Iudges And such as none but professed theeves and murderers will accept or make use of The Scripture saith An oath is the end of controversy between man man How then can they end and determine a controversy without oath But the end of all controversies before this Butcher-row of Iudges is cutting of throats and confiscation of estates And by the same clause of the said Act To examine witnesses They may and I heare do examine witnesses clandestinely and proceed upon bare Depositions read in Court whereas they ought to produce the witnesses face to face in open Court and there sweare them that the Party accused may interrogate them and examine the circumstances and whether they contradict themselves or one another for cleering the Evidence And whether they be lawfull witnesses or no Nay I hear they do privately suborn and engage witnesses without oath And then produce them to swear what they have formerly related only and if they scruple at an oath punish them for misinforming the State 4. That I may make some more use of the aforesaid Members words Whether the King or a prevailing Party usurping his Kingly power may canton out a part of his Kingdom or cull mark out for slaughter some principall men deny them the benefit of law in order thereto as these Judges do to be tried by speciall Commission since the whole Kingdom is under the known lawes Courts established at Westminster It should seem by this Parliaments eager complaint against the speciall Commission of York this Parliament hath determined this question in the negative allready whatsoever their present practise to carry on their Designe is See Stat. 17. Car 1. against the Star Chamber To what purpose serve those Statutes of Magna Charta and the Petition of Right if men may be fined and imprisoned nay murdered without Law according to the discretion of Commissioners This discretion is the quick-sand that hath swallowed our Properties and Liberties but is now ready to swallow our carkasses Thus far that Gentleman Whose words then carried the Parliamentary stamp upon them Let me add some more exceptions of my own against this high Court of Injustice 5. Soldiers of the Army are appointed by the Act 26. March to be assistant to the Commissioners contrary to the peaceable proceedings of the Law which never makes use of any but civill Magistrates and Officers of the Law See Stat. 7. Ed. l. 2. Ed. III. chap. 3. 7. R. II. chap. 13. 6. And contrary to the old oath which all Judges ought to take in these words You shall sweare well lawfully to serve the King people in the Office of Justice c. And that to what estate condition they be come before you in the Sessions with force and armes against the peace against the Statute thereof made to disturbe the Execution of the Common Lawes or to menace the people that you arrest their bodies c. Stat. 18. Ed. III. in An. Dom. 1344. p. 144. Poultons Book of Stat. at large But the oath appointed for these Commissioners to take is not penned in termes of Indifferency Nor doth any waies oblige them to the people 26. Mar. 1550. viz You shall sweare well and truly according to the best of your skill and knowledge to execute the severall powers given you by this Act not well lawfully to serve the people Besides they swear to execute the severall powers given not to do Justice according to the Lawes Now the Lawes are the only Rules of Iustice by which we distinguish crooked from streight true from false right from wrong This is not the work these Iudges are packed for but to execute Acts of power and will But powers are often usurped tyrannicall illegall

his present Answer and Salvo may be accepted and registred Eusebius Andrewes The Second Answer of Col. Eusebius Andrews Esquire To the Honorable The High Court of Iustice 1650. THe said Respondent with the Favour of this Honorable Court reserving and praying to be allowed the Benefit and Liberty of making further Answer if it shal be Necessary In all humblenesse for the present Answer offereth to this Honorable Court That by the Letter and genuine sense of the Act entituled An Act for establishing an High Court of Justice The said Court is not qualified to try a Freeman of England such as the Respondent averreth himself to be for life in Case of Treason For that 1. The said Court is not Constituted a Court of Record neither hath Commission returnable into a Court of Record So that 1. The State cannot upon Record and but upon Record cannot at all have that Account of their Freemen which Kings were wont to have of their Subjects and States exact else where at the hands of their Ministers of Justice 2. The Freemen and those who are or may be concerned in him can have no Record to resort to by which to preserve the Rights due to him and them respectively viz. 1. A writ of Errour in case of erronious Judgment 2. A plea of Auterfoies acquit in case of new question for the same fact 3. An Enlargement upon Acquitall 4. A Writ of Conspiracy not to be brought untill Acquitall against those who have practised to betray the life of the Respondent 1. The Writ of Errour is due by presidents Paschae 39. Ed. III. John of Gaunts Case Rot. Parliament 4. Ed. III. Num. 13. Count de Arundells Case Rot. Parliament 42. Ed. III. Num. 23. Sr. John of Lees Case 2. Auterfois acquit appears by Wetherell and Darleis Case 4. Rep. 43. Eliz. Vaux his Case 4. Rep. 33. Eliz. 3. The Enlargement appears by Stat. 14. Hen. VI chap. 1. Diers Reports fol. 121. The year book of Ed. IV. 10. fol. 19. 4. The writ of Conspiracy by The Poulters Case 9 Rep. fol. 55. This Court is to determine at a day without account of their proceedings and have power to try judge and cause Execution but not to acquit or give Enlargement So that the nocent are thereby punishable the injured betrayed not vindicable Which are defects incompatible with a Court of Justice and inconsistent with Justice it self and the honor of a Christian Nation and Common-wealth 2. The members of this Court are by the said Act directed to be sworn 1. Not in Conspectu populi for the Freemans satisfaction 2. Not in words of Indifferency and obliging in equality 3. But in words of manifest partiality viz. You shall swear That you shall well and truly according to the best of your skill and knowledge execute the severall powers given you by this Act 1. If the Court be Triers and Judges too it is humbly offered by the respondent that it is but reasonable that they should be sworn as Triers in the sight of the Freeman who shall be upon his Triall 2. And That as Justices of Oyer and Terminer They being authorised to hear and determine by the words of the Act. They should take an oath such as is usual equal set down E. III Viz You shall sweare That well and lawfully you shall serve our Lord the King and his People in the Office of Iustice c. And that you deny to no man Common Right 3. Or that this Court taking Notice of such high matters as Treason upon the guilt wherof the Freemens life depends should take an Oath at least as equall as a Iustice of the Peace Daltons Iust. of Peace fol. 13. the words are I A. B. do sweare that I will do equall Right c. according to my best wit cunning and power after the Laws and Customes of the Land and the Statutes thereof made c. 4. If the Court will be Judges and Triers too for they have power given them to conclude the Freemen by the opinion of the major number of twelve holding some resemblance but with a signall difference with the verdict of a Jury it were but reasonable that they should take an Oath correspondent to that usually administred to Iury-men The words are You shall well and truly try and true deliverance make betweene the Keepers of the Liberties of England and the Prisoner at the Bar according to your Evidence So help you God c. 5. When this Court as it is now constituted hath condemned a Freeman by applying their skill and knowledge to the power given them whether justly or not the Oath injoyned them by the Act 26. March 1650. is not broken literally as to be exactible by man though God will have a better account And therefore upon the whole matter premised The Respondent saving as before averreth for Law and Reason This Court by the words of the Act constituting it is not qualified in respect of the objected defects to passe upon him for life in case of Treason And praies this his 2l Answer may be received with the Salvo's and registred Eusebius Andrewes The third Answer of Col. Eusebius Andrews Esquire to the Honorable The High Court of Justice 1650. THe said Respondent with favour of this Honourable Court reserving and praying to be allowed the benefit and Liberty of making farther Answer if it shall be necessary in all humbleness for present Answer offereth to this Honorable Court 1. That it is his Right if he admit this Court to be duly and legally established and constituted as to their being a Court to be tried by his Peeres men of his own condition and Neighbourhood 2. That it is within the power of this Court by the Letter of the Act 26. March 1650. Or at least not repugnant to the Act to try him by such his Peeres c. 1. That it is his Right to be tried only so appeares by Mazna Charta chap. 29. 25. Ed. 3. chap. 9. 28. Ed. 3. chap. 4. 42. Ed. 3. chap. 3. 25. Ed. 1. chap. 1. and 2. 25. Ed. 3. chap. 2. and 4. 37. Ed. 3. chap. 18. By all which this Right is maintainable And the Proceedings contrary thereunto will be held for none and to be redressed as void and erronious So that if the Lawes and Courts were not obstructed in the cases of some sort of Freemen of England the whole proceedings contrary to these Lawes without a Jury of his Peeres were avoidable and reversable by Writ of Error as appeares by the Presidents vouched in the Respondents 2d Answer 3. That it is in the Courts power To try the Freeman and consequently the Respondent by a Jury of his Equalls The Court is humbly desired to consider the words of qualification 1. The Court is authorised To hear and Determine and so if at all Commissioners then Commissioners of Oyer and Terminer and such Commissioners in their naturall Constitution and practicall execution do

of all the blood shed this warre and should expiate those crimes with his blood If the King were not guilty these men are And therefore they passed this Vote Se defendendo Yet observe that herein they became Judges in their own cause and forejudged his Majesty before his Trial if that may be called a Triall that was carried on by men who were both Accusers Prosecuters parties and Judges and had neither law President formality of proceedings nor any other foundation of Justice or Reason to warrant them nor were delegated by any lawfull Authority These Votes thus passed and by this kinde of men were the foundation upon which they built their great Engine to destroy the King and Kingly Government together with the Religion Laws Liberties Lives and Properties of the people all condemned in that deadly sentence given against the King For having as aforesaid created by their own Votes themselves as absolute a power as they pleased and cast the people and all they have into that bottomlesse Chaos of their Arbitrary Domination They erect an Extrajudiciall unpresidented High Court of Justice to Try or rather to condemn without Triall the King Consisting of 150. Commissioners Souldiers Parliament men Trades men the most violent engaged and factious incendiaries of all the Antimonarchicall faction Amongst whom were many low conditioned mechanicks and Banquerouts whose fortunes are since repaired out of the Kings Estate and other publick Lands Goods and Offices as a reward for that Royall Bloud they spilt The King the Fountain of Law Justice Mercy Honour War and Peace The Head of the Parliament and Supreme Governour over all persons and in all causes thus violently removed presently as if the Mounds and Banks of the Sea had been overturned an impetuous innundation of bloudy thievish Tyranny and Oppression brake in udon us So that no man can call his life liberty house lands goods or any other his Rights or Fraunchises his own longer than the gratious aspect of some of our Graundees shine favourably upon him In the next place contrary to their own Declarations of the 9. Feb. and 17. March 1648. Wherein they promise that in all things concerning the lives liberties and properties of the people they will observe the known laws of the Land with all things incident therto They passe misbegotten Acts of Parliament one of the 14. of May another of the 17. of July 1649. whereby in derogation and annihilation of that excellent Stat. 25. Ed. III. Chap. 2. Ascertaining Treasons and reducing them to a small number And leaving nothing to the interpretation of the Judges that the people might not be ensnared they exceeding by multiplying Treasons bringing bare words as wel as deeds within the compasse of that offence and making many duties to which the laws of God and the land the Protestation and Covenant the oaths of allegeance obedience and Supremacy oblige us to be high Treason these new acts of Treason penned in obscure ambiguous terms purposely to leave a latitude of Interpretation in their own creatures the Judges that the People may be ensnared The King thus taken out of their way They passe dretended Hcts. 1. To Disinherit his children 2. To abolish Kingly Government for ever 3. To convert our ancient well tempered Monarchy into that which they call a Common-wealth or Free-State although nothing be therein free but their lusts nor hath it any form or face of Civil and just Government Wherein a confused Multitude rule by their own Wills without Law and for their own benefit no consideration being had of the good and happinesse of the People in generall 4. They Constitute a Senate or Councel of State of 40. men amongst which some Trades-men Souldiers illiterate Lawyers Parliament Members men already engaged over head and ears in sinne therefore to be confided in to these or any nine of these they entrust the Administration of this Utopian Common-wealth and these they would have us believe without telling us so are the Keepers or Gaolers of the Liberties of England These things being but Introductions to the Usurpation of these Kinglings and having been already shewed to the world by many pens I content my self to give a cursory view of them and hast to my intended task to shew that this Usurped power is kept and administred by as wicked and violent policies as it was gotten by The first endeavour of all Tyrannicall Usurpers is To lessen the number of their Enemies either by flattering and deceiving them or by violently extirpating and rooting them out And such have been the attempts of our new Cromwellian Statists ever since without any calling from God or the people they toook upon them the Supreme Authority of the Nation subverted our well mixed Monarchy and created themselves a Free-State 1. They endeavoured to sweeten and allure to act with them as many of the Secured and Secluded Members Ministers and other Phesbyterians as they could to the end that ex post facto being guilty of their Sinnes they might be engaged in one common defence and go halfs with them in their ignominy and punishment though not in their power profit and preferments in which the Godly will admit no Rivalls but like their Patron the Devil cry all 's mine But this Design failed for the most part 2. Their second Endevour was how to dimmish the number of their Opposites Royalists and Presbyterians by a Massacre for which purpose many Dark Lanthorns and Ponyards were provided last Winter 1649. But same prevented this plot which coming to be the Common rumour of the Town put them in mind of the danger infamy and hatred that would overwhelm them So this was laid aside At last they invented two other Engins no lesse bloudy then and as effectuall as a Massacre 3. The Engagement is the first of these two Gins which all persons are enjoyned to subscribe by their Act ● Jan. 1649. To be true to the Common-wealth of England as it is now established without a King or House of Peeres And this is obtruded under no lesse penalty then To be totally deprived of all Benefit of Law whatsoever Now the Laws of the Land being the onely Conservators of our lives Liberties and Estates without which lawes all men have a like property to all things and the strongest have right to all is possest by the weaker since the Law onely distinguisheth Meum and Tuum what is this but to expose the Liberties of the Non-Engagers to false Imprisonments our Estates to rapine spoil and Injustice and our Lives and Persons to wounds and Murders at the will and pleasure of such as will engage with our Usurpers but especially at the pleasure of their own Souldiers to whom I conceive this Outlawry was intended as an Alarm or Invitation to plunder and massacre the Non-engagers and to pay themselves their Arrears of which these Parliament men have cousened them out of their Estates and though the

Rule they interpret and to this they conform the Scriptures not their Consciences to the Scriptures setting the Sunne Diall by the clock not the clock by the Sunne Diall That every man must pray according to the Dictates of his private Spirit They reject the Lords Prayer for fear of quenching the Spirit When they break their Faith Articles Promises Declarations and Covenants they alleage the Spirit is the Author thereof When Cromwell contrary to his Vows and Protestations made to the King kept him close prisoner in Carisbrook Castle He affirmed the Spirit would not let him keep his word When contrary to the Publike Faith they Murdered Him they pretended They could not resist the Motions of the Spirit Sua cuique Deus sit dira libido This Hobgoblin serves all turns 4. Their fourth principle is That they may commit any Sinne and retain their Sanctity in the very act of sinning For what is sinfull in other men is not so in the Saints who may commit any crime against the Law of God and yet it cannot be imputed to them for Sinne Because they know in their Consciences what they do So tender and delicate are their Consciences That they are capable of any Offence against their Neighbor without breach of Justice or Charity A righteous man is a law to himself 5. Their fifth principle is That 7. make a Church although men women and children and that this Church is Independent upon any other The Anabaptists though they neither profess to follow Paul nor Cephas yet declare themselves to be some of Cromwels Church some of John Goodwins some of Kiffins some of Patiences and some of Carters Church 6. Their sixth Independent principle is That if a man be questioned for any crime though his Judges have neither competent witnesses proofs nor Evidence of his guiltiness yet if they think in their Consciences he is guilty they may condemn him out of the Testimony of their own private consciences Is it not fit men so principled should be Judges and Jury too condemn men by inspiration So Col. Andrews and Sr. John Gell were condemned for Bernard and Pits witnesses against them were apparently suborned by Bradshaw and Sir Hen. Mildmay against them and forsworn in the same cause and good proof offered to the Court that they were both Flagitious men of scandalous life and conversation The letter supposed to be sent by Andrews to Gell was delivered to Bradshaw whereof Bradshaw sent a Copy onely to Gell at ten of the clock at night and had a warrant then ready to arrest Gell which was done early next morning before he could conveniently discover it Yet was Gell sentenced for Misprison of High-Treason See Sr. John Gells case stated August 1650. with Colonel Andrews Attestation in his behalf under his hand a little before his death And though Sr. John was Impeached and Mr. Atturney prosecuted him only for Misprision yet had he much a do to keep that blood thirsty old curre Keeble from taking a leap at his throat and giving Judgment against him for High Treason So for want of law Sr. John had like to be hanged by Inspiration and Instinct of the spirit He that will see more of these Independent Tenets Let him read Cl. Salmasius chap. 10. Defensionis Regiae Elenchus Motuum nuperorum in Anglia And the History of Independency 1 and 2. part These 6. I have selected that by comparing their Doctrine with their daily Practise the Reader may perceive what pious Christians good Patriots and upright Judges these engaged Independent Commissioners of the High Court of Justice are like to prove The builders of this New Commonwealth or Babel hold forth to the People Justice and Liberty as their Motto as if those excellent guifts had never received their birth nor bin so much as shewen to the People untill they murdered the King and stepped into his Throne But how righteous a Free State or Commonwealth is this like to be And how well are the People therein like to be instructed in the wayes of Righteousnesse Justice and Charity and improved in good life and conversation by men so principled as aforesaid Let the world judge Especially when they observe That our New Statists have enacted in the said pretended Act 2. Jan. 1649. enjoyning the Engagement That who soever will promise Truth and fidelity to them by subscribing the Engagement may deale falsely and fraudulently with all the world besides And break all Bonds Assurances and Contracts made with Non-engagers concerning their Estates and pay their Debts by pleading in Bar of all Actions That the complainant hath not taken the Engagement This is to robb the Aegyptians of the good things of this world This is to break their Faith by the motions of the Spirit This is to cheat and rob their Neighbours without breach of Charity or Justice and without imputation of Sinne according to their aforesaid Tenets 3. I am come now to consider in the third place The way and Manner of their proceedings How consonant they are to the usuall proceeding of our known Laws and Legall Courts of Judicature the best Inheritance of all Freemen whereof see Colonel Andrews 3. Answers in his Defence given into the said High Court Here with printed 1. The first Course they commonly take is To break open mens Houses Studies Chests c. and seise their Papers and thereby hunt for Matter of Charge against them And then to examine them against themselves upon the said Papers contrary to Magna Charta which saith Nemo tenetur prodere seipsum And contrary to the Doctrine of Christianity which forbids a man to destroy his own life or be Felo de se as many men unwittingly doe who answer to captious ensnaring questions What that tempting question was put to Christ Art thou the King of the Jews He returned no other Answer then Thou sayest it Why askest thou me A●ke them that heard me That is Ask witnesses It was objected against the Oath ex Officio That it was High Injustice to examine a man against himself Because his Answers may only serve to condemn but not to acquit him 2. They usually break open houses with Souldiers at all hours of the night pulling men out of their beds with great violence and terrour and so carrying them away under pretence whereof Robberies and Murders have bin committed Whereas by the Stat. 1. Edw. VI chap. 12. and 5. and 6. Edw. VI chap. 11. A man ought not to be accused of High Treason but to one of the Kings Counsell or to one of the Kings Justices of Assize or to one of the Kings Justices of the peace being of the Quorum or to 2. Justices of the Peace where the Offence is committed Cooks 3. Inst. chap. High Treason p. 26 27 28. 3. They Commit men to prison without any Accusation or Accusor made known and during pleasure and detein them in prison many years together without any Legall proceedings or charge

way and suffer their Lives Liberties Estates and Honours to be subject to an Arbitrary Extrajudiciall conventicle of Blood Cromwels new Slaughter house which hath neither Law Justice Conscience Reason President or Authority Divine or Humane but onely the pretended Parliaments irrational Votes and the power of the Sword to maintain it which will prove a Cittadell over their Liberties a snare to their Estates a Deadfall to their lives and a scandal to their honours and familes if not timely opposed 1. By the Law the Endictment must specifie what the Treason is and against what Person committed As against our Soveraign Lord the King his Crown and Dignity But in the said Articles of Impeachment it is alleaged that the Treason is committed against the present Government or against the Keepers of the Liberties of England but in this dead-water our turning Tide between the old Regall and this new unknown Government no man knows how to do look or speak for fear of contracting the guilt of an Interpretative Treason upon the said two Statutes for New Treasons and before this boundlesse lawlesse new Court And to say that Treason is committed against a Government in abstracto is Non-sence it must be said that Treason is committed against the Governours in Concreto naming them For there being no Treason without Allegiance And Allegiance being a personall Obligation must be due from a certain known Person to a certain known Person or Persons And therefore the Keepers of the Liberties of England not being yet made known to us who they are or where to be found or what their power duty or office is and being not tied by any set Oath to deal well and truly with the People as Kings are by their Coronation Oath for if the stipulation be not mutuall the People are Slaves not subjects since the Duties of Allegiance and Protection Obedience and Command being reciprocall as they must needs be the Parliament having declared the Supreme power to be in the People they must not govern them Mero Imperio by lawlesse Votes like Turkish Tartarian and Russian Slaves I cannot ow nor perform Allegiance to those individua vaga the Keepers or Gaolers of our Liberties nor to an Utopian Commonwealth And without Allegiance no Treason for in all Endictments of High Treason it must be alledged That the accused did Proditoriè perpetrate such and such Crimes Contra debitam Allegantiam suam And the word Proditoriè signifies the betraying of a Trust According to the Proverbe In Trust is Treason Now where there is no profession of Allegiance there is no acceptance of a Trust no man can trust me against my will I was born under a Regall Government have read the Stat. Recognition 1. Jac. Have taken as well as others the Legall Oathes of Allegiance Obedience and Supremacy to the King his Heires and Lawfull Successors imposed upon me by lawfull Authority and from which no power on Earth can absolve me and so much I attest in the Oath of Supremacy And how I should now come after the New Moduling of the Parliament and Kingdome by Souldiers to ow Allegiance to Cromwell the Brewer Scot the Brewers Clerk Bradshaw the murderous petty fogger Sr. Hen. Mildmay the Court pander and projector Holland the Linckeboy John Trenchard that packed a Committee in which he was a Member and Voted to himself 2000l Love the super-inducted Six Clerk or any other of that Self-created Authority let them sheath their swords and tell me 2. An Endictment must certainly alledge the Offence committed in respect of the Matter Time Place persons and other circumstances But in these Articles of Impeachment they tie themselves to no such certainties Whereby the Accused knows not at what ward to lie nor how to make his Defence The Circumstances of time place and person being the assured Testimony of all Humane Actions This lawlesse Court leaves him in a vast Sea of Troubles without pole-starre card or compasse to steer by The Arbitrary Opinions of this Court declared upon emergent Occasions being a fals hearted Pilot to him These Judges not being of Counsell with the prisoner as our Legal Judges are who swear to do Justice according to the Law 3. By the Law any learned man that is present may inform the Court for the benefit of the prisoner of any thing that may make the proceedings erronious Cooks 3. Instit. pag. 29. But the whole proceedings of this Court their meeting and sitting being erronious here is no room left for admonition To take away their errours is to take away the Court 4. Cooks 2. Inst. p. 51. expounding the 29. chapter of Magna Charta hath these words All Commissions ought to be grounded upon the Law of England not upon the Votes of the House of Commons and to contain this clause in them To do what is just according to the Laws customs of England not to execute the several powers given them by the Act 26. March 1650 and a little further he saith Against this Antient and Fundamentall Law I finde an Act of Parliament made 11. Hen. VII chap. 3. That as well Justices of Assize as Justices of the Peace without any finding or presentment by the verdict of twelve men upon a bare Information for the King before them made should have full power and Authority by their Discretions to hear and determine all Offences Contempts committed or done by any person or persons against the Form Ordinance or effect of any Statute made and not repealed saving Treason Murder or Felony By colour of which Act shaking this Fundamentall Law it is not credible what horrible Oppressions and Exactions to the undoing of infinite number of people were Committed by Empson and Dudley Justices of the Peace throughout England And upon this unjust and injurious Act a new Office was erected as commonly in like cases it falleth out and they made Masters of the Kings Forfeitures I heare such an other Office will be erected when the novelty of this wonderfull High Court is lessened and the yoak thereof throughly setled upon the people necks Yet observe the said Act 11. H. 7. cap 3. went not so high as to Treason Murder and Felony But by the Stat. 1. Hen. VIII chap. 6. the said Act 11. Hen. VII was repealed and the reason given For that by force of the said Act it was manifestly known That many sinister and crafty forged and feigned Informations had bin pursued against many of the Kings Subjects to their great dammage and wrongful vexation The ill successe hereof saith Cooke and the fearful end of these two Oppressors who were Endicted and suffered for High Treason for all the said Act 11. Hen. VII passed in a full and free Parliament Cook 3. Instit. pag. 208. Should admonish Parliaments That in stead of this Ordinary and pretious Triall by the Law of the Land they bring not in Absolute and partiall Tryals by discretion And in his 4. Instit. p. 41. Cook saith