no prohibition hanging and the party condemned doe not obey the said sentence that then it shall be lawfull to every such Iudge Ecclesiasticall to excommunicate the said party so as afore condemned and disobeying in the which sentence of excommunication if the said party excommunicate wilfully stand and endure still excommunicate by the space of 40. dayes next after upon denunciation and publication thereof in the Parish Church or the place or Parish where the party so excommunicate is dwelling or most abiding the said Iudge Ecclesiasticall may then at his pleasure signifie to the King in his court of Chancery of the state and condition of the said party so excommunicate and thereupon to require processe De excommunicato capiendo to be awarded against every such person as hath been so excommunicate The 13. of Elizabeth Cha. 12. fol. 1099. Reformation of disorders in the Ministers of the Church THat the Churches of the Queens Majesties Dominions may be served with Pastors of sound Religion be it inacted by the authority of this Present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy word and Sacrament by reason of any other forme of institution Consecration 3. Ed 6. 12. 5. Ed. 6. 1. or ordering than the forme set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the reign of our most gracious Soveraign Lady before the feast of the Nativity of Christ next following shall in the presence of the Bishop or Guardian of the spiritualities of some one diocesse where he hath or shall have Ecclesiasticall living declare his assent and a a Dyer fo 377. subscribe to all the Articles of Religion which only concerne the confession of the true Christian faith and the doctrine of the Sacraments comprised in a book imprinted entituled Articles whereupon it was agreed by the Arch Bâ—shops and Bishops of both Provinces and the whole Clergie in the Convocation holden at London in the yeare of our Lord God a thousand five hundred sixty and two according to the computation of the Church of England for the avoyding of the diversities of opinions and for the establishing of consent touching true Religion put forth by the Queens authority and shall bring from such Bishop or Guardian of spiritualties in writing under his seale authentick a testimoniall of such assent and subscription and openly on some Sunday in the time of some publique service afternoone in every Church where by reason of any Ecclesiasticall living he ought to attend read both the said testimonial and the said Articles upon pain that every such person which shall not before the said Feast doe as is above appointed shall be b b Cook l. 6. fo 29. ipso facto deprived and all his Ecclesiasticall promotions shall be void as if he then were naturally dead And that if any person Ecclesiasticall or which shall have Ecclesiasticall living shall advisedly maintaine or affirme any doctrine directly contrary or repugnant to any of the said Articles and being convented before the Bishop of the Diocesse or the Ordinary or before the Queens Highnesse Commissioners in causes Ecclesiasticall shall persist therein or not revoke his error or after such revocation eftsoones affirme such untrue doctrine such maintaining or affirming and persisting or such eftsoon affirming shall be just cause to deprive such person of his Ecclesiasticall promotions And it shall be lawfull to the Bishop of the Diocesse or the Ordinary or the said Commissioners to deprive such persons so persisting or lawfully convicted of such eftsoones affirming and upon such sentence of deprivation pronounced he shall be indeed deprived And that no person shall hereafter be admitted to any Benefice with Cure except he then be of the age of three and twentie years at the least and a Deacon and shall first have subscribed the said Articles in presence of the Ordinary and publikely read the same in the Parish Church of that benefice with declaration of his unfained assent to the same And that every person after the end of this Session of Parliament to be admitted to a benefice with Cure except that within two moneths after his induction he doe publiquely read the said Articles in the same Church whereof he shall have Cure in the time of Common Prayer there with declaration of his unfeined assent thereto and be admitted to minister the Sacrament within one yeare after his induction if he be not so admitted before shall be upon every such default ipso facto immediately deprived And that no person now permitted by any dispensation or otherwise shall retain any Benefice with cure being under the age of one and twenty years or not being Deacon at the least or which shall not be admitted as is aforesaid within one year next after the making of this act or within six moneths after he shall accomplish the age of 24. yeares on pain that such his dispensation shall be meerly void And that none shall be made Minister or admitted to preach or administer the Sacraments being under the age of 24. years nor unlesse he first bring to the Bishop of that Diocesse from men known to the Bishop to be of sound Religion a Testimoniall both of his honest life and of his professing the doctrine expressed in the said Articles nor unlesse he be able to answer and render to the Ordinary an accompt of his faith in Latine according to the said Articles or have speciall gift and ability to be a Preacher nor shall be admitted to the order of Deacon or Ministry unlesse he shall first subscribe to the said Articles And that none hereafter shall be admitted to any Benifice with Cure of or about the value of thirty pounds yearly in the Queens Books unlesse he shall then be a Batchelour of Divinity or a Preacher lawfully allowed by some Bishop within this Realme or by one of the Universities of Cambridge or Oxford And that all admissions to Benefices Institutions and inductions to be made of any person contrary to the forme or any provision of this Act and all tolerations dispensations qualifications and licences whatsoever to be made to the contrary hereof shall be meerly void in law as if they never were Provided alway that no title to conferre or present by a a Dyer fo 377. 346. 369. Co. ll 6. fo 29. lapse shall accrue upon any deprivation ipso facto but after six moneths after notiec of such deprivation given by the Ordinary to the Patron The 1. of Iames Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court FOrasmuch as all exactions extortions and corruptions are odious and prohibited in all well governed Common-weales Be it inacted that no person to whom any order or cause shall be committed or referred by any of the Kings Iudges or Courts at Westminster or any
other Court shall directly or indirectly or by any art shift colour or device have take or receive any money fee reward covenant obligation promise agreement or any other thing for his report or Certificate by writing or otherwise upon pain of the forfeiture of 100. l. for every such Report or Certificate and to be deprived of his office and place in the same Court the one moity of the said forfeitures to be our Soveraign Lord the King his heires and successors the other moity to the party grieved which will sue for the same at any time during the said suit or within one yeare after the same cause discontinued or decreed and in his default of such suit to him or them that will sue for the same by originall Writ Bill plaint or Information in his Majesties high Court of Star Chamber or in any his Majesties Courts of Record at Westminster in which suit by Writ Bill plaint or Information no wager of Law Essoin Priviledge Supersedeas Protection or any other delay shall be suffered or admitted Provided neverthelesse that it shall be lawfull for the Clerke to take for his paines for writing of every such Report or Certificate 12. d. for the first side and 2. for every side after and no more upon paine to forfeit 10. s. for every peny taken over and above the said summe to be had and recovered as aforesaid Having given you the most materiall Statutes that I conceive at present makes for your most advantage that I can find in the Statutes at large I shall here insert three or foure Statutes made this present Parliament that in my judgement is extraordinary well worth your knowledge and understanding the first thus followes Anno 17. Caroli Regis An Act for regulating of the Privie Councell and for taking away the Court commonly called the Star Chamber WHereas by the GREAT a a 9. H. 3. 29. CHRTER many times confirmed in Parliament It is inacted that no freeman shall be taken or imprisoned or disseised of his free hold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemne but by lawfull judgement of his Peers or by the Law of the Land And by another Statute made in the b b 5. E 3. 9. fifth yeare of the Reigne of King Edward the third It is inacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the forme of the GREAT CHARTER and the law of the land And by another Statute made in the five and twentieth year c c 25 E. 3. 4. of the reigne of the same King Edward the third It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same Neighbourhood where such deeds be done in due manner or by Processe made by Writ originall at the Common Law and that none be put out of his Franchise or Free-hold unlesse he be by duty brought in to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by another Statute made in the 28 year d d 28. E. 3. 3. of the Reign of the same King Edward the third It is amongst other things inacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due processe of Law And by another Staâ—â—te made in the 42. yeare e e 42. Ed. 3. 3. of the Reign of the said King Edward the third It is enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ originall according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the 36. year of f f 36. Ed. 3. the same King Edward the third It is amongst other things inacted That all Pleas which shall be pleaded in any courts before any the Kings Iustices or in his other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yeare of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Keeper of the Kings Privie Seale or two of them calling unto them a Bishop and a Temporall Lord of the Kings most honourable Councell and the two chiefe Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to proceed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yeare of King Henry the eighth The President of the Councell is associated to ioyne with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seveth mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no law doth warrant and to make Decrees for things having no such authority and to inflict heavier punishments then by any law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redresse and their due punishment and correction by the Common Law of the Land and in the ordinary course of justice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court doe now cease and the proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subiect and the meanes to introduce an Arbitrary power and Government And forasmuch as the Councell Table hath of late times assumed unto it self a power to intermeddle in Civill causes and matters only of private interest between party and party and have adventured to determine the Estates and Liberties of the Subiect contrary to the Law of the Land and the rights and priviledges of the Subiect by which great and manifold mischiefes and inconveniencies have arisen and hapned and much incertainty by meanes of such proceedings hath been conceived concerning mens rights and estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by Authority of this present Parliament That the said Court commonly called the Star-Chamber and all Iurisdiction power and authoritie belonging unto or exercised in
the same Court or by any of the Iudges Officers or Ministers thereof be from the first day of August in the yeare of our Lord God 1641. clearly and absolutely dissolved taken away and determined and that from the said first day of August neither the Lord Chancellour or Keeper of the great Seale of England the Lord Treasurer of England the Keeper of the Kings Privie Seale or President of the Councell nor any Bishop Temporall Lord Privie Councellor or Iudge or Iustice whatsoever shall have any power or authority to heare examin or determin any matter or thing whatsoever in the said Court commonly called the Star-Chamber or to make pronounce or deliver any Iudgment Sentence Order or Decree or to doe any Iudiciall or Ministeriall Act in the said Court And that all and every Act and Acts of Parliament and all and every Article clause and sentence in them and every of them by which any Jurisdiction power or authority is given limited or appointed unto the said Court commonly called the Star-Chamber or unto allâ— or any the Iudges Officers or Ministers thereof or for any proceedings to be had or made in the said Court or for any matter or thing to be drawn into question examined or determined there shall for so much as concerneth the said Court of Star-Chamber and the power and authority thereby given unto it be from the said first day of August repealed and absolutely revoked and made void And be it likewise enacted That the like jurisdiction now used and exercised in the Court before the President and Councell in the Marches of Wales and also in the Court before the President and Councell established in the Northern parts And also in the Court commonly called the Court of the Duchy of Lancaster held before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court The like iurisdiction being exercised there shall from the said first day of August 1641 be also repealed and absolutely revoked and made void any Law prescription custome or usage Or the said Statute made in the third yeare of King Henry the seventh Or the Statute made the one and twentieth of Henry the eighth Or any Act or Acts of Parliament heretofore had or made to the contrary thereof in any wise notwithstanding And that from henceforth no Court Councell or place of Iudicature shall be erected ordained constituted or appointed within this Realm of England or Dominion of Wales which shall have use or exercise the same or the like Iurisdiction as is or hath been used practised or exercised in the said Court of Star-Chamber Be it likewise declared and enacted by authority of this present Parliament That neither his Majestie nor his Privie Councell have or ought to have any Iurisdiction power or authority by English Bill Petition Articles Libell or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any the Subiects of this Kingdome But that the same ought to be tryed and determined in the ordinary Courts of iustice and by the ordinary course of the law And be it further provided and enacted That if any Lord Chancellor or Keeper of the great Seale of England Lord Treasurer Keeper of the Kings privie Seale President of the Councell Bishop Temporall Lord Privie Councellor Iudge or Iustice whatsoever shall offend or doe any thing contrary to the purpâ—rt true intent and meaning of this Law Then he or they shall for such offence forfeit the summe of five hundred pounds of lawfull money of England unto any party grieved his Executors or Administrators who shall really prosecute for the same and first obtain judgement thereupon to be recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such Iudgement or Recovery shall he had as aforesaid shall after such Iudgement or Recovery offend again in the same then he or they for such offence shall forfeit the summe of one thousand pounds of lawfull money of England unto any partie grieved his Executors or Administrators who shall really prosecute for the same and first obtaine Iudgement thereupon to be Recorded in any Court of Record at Westminster by action of Debt Bill Plaint or Information in which no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more then one Imparlance And if any person against whom any such second Iudgement or Recovery shall be had as aforesaid shall after such Iudgement or Recovery offend againe in the same kind and shall bee thereof duly convicted by Indictment Information or any other lawfull way or meanes that such persons so convicted shall be from thenceforth disabled and become by vertue of this Act incapable Ipso facto to beare his and their said Office and Offices respectively and shall be likewise disabled to make any Gift Grant Conveyance or other disposition of any his Lands Tenements Hereditaments Goods or Chattels or to make any benefit of any Gift Conveyance or Legacy to his own use And every person so offending shall likewise forfeit and loose unto the party grieved by any thing done contrary to the true intent and meaning of this Law his trebble dammages which he shall sustain and be put unto by meanes or occasion of any such Act or thing done the same to be recovered in any of His Majesties Courts of Record at Westminster by Action of Debt Bill Plaint or Information wherein no Essoine Protection Wager of Law Aid Prayer Priviledge Injunction or Order of Restraint shall be in any wise Prayed Granted or Allowed nor any more then one Imparlance And be it also provided and enacted That if any person shall hereafter be committed restrained of his liberty or suffer imprisonment by the Order or Decree of any such Court of Star-Chamber or othâ—r Court aforesaid now or at any time hereafter having or pretending to have the same or liâ—e jurisdiction Power or Authority to commit or imprison as aforesaid Or by the Command or Warrant of the Kings Maiestie his Heires or Successours in their own person or by the Command or Warrant of the Councell-board or any of the Lords or other of his Majesties Privie Councell that in every such case every person so committed restrained of his libertie or suffering imprisonment upon demand or motion made by his Councell or other employed by him for that purpose unto the Iudges of the Court of Kings Bench or Common Pleas in open Court shall without delay upon any pretence whatsoever for the ordinary Fees usually paid for the same
remedy hath ordained and established by authority aforesaid That no Iustice of peace within the Realm of England in any County shall be assigned or deputed if he have not lands or tenements to the value of 20. l. by yeare and if any be ordained hereafter to be Iustices of peace in any County which hath not lands or tenements to the value aforesaid that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another sufficient in his place and and if he give not the said knowledge as before within a moneth after that he hath notice of such Commissions or if he sit or make any warrant or precept by force of such Commissions he shall incur the penalty of 20. l. and neverthelesse be put out of the Commission as before and the King shall have the one half of the said penalty and he that will sue for the King the other half and he that will sue for the King and for himself shall have an action to demand the same penalty by writ of debt at the common Law Provided alwayes that this Ordinance shall not extend to Cities Towns or Boroughs which be Counties incorporate of themselves nor to cities towns or boroughs which have Iustices of peace of persons dwelling in the same by commission or warrant of the King or of his progenitors Provided also that if there be not sufficient persons having lands tenements to the value aforesaid learned in the Law and of good governance within any such County that the Chancellor of England for the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not lands or tenements to the value aforesaid by his discretion 27. H. 8. chap. 24. The 20. of Henry the 6. Chap. 8. fol. 336. In what case the Kings Purveyors that would take Cattell may be resisted ITem it is ordained by the authority aforesaid that the Statutes before this time made of Purveyors and buyers shall be holden and kept and put in due execution And in case that any purveyor buyer or taker will take and make purveyance or buy any thing to the value of forty shillings or under of any person and make not ready payment in hand that then it shall be lawfull to every of the Kings liege people to retain their goods and cattels and to resist such purveyors and buyers 28. Ed. 3. 12. and in no wise suffer them to make any such pâ—rveyances buyings or takings And to keep the peace better every constable tithingman or chief pledge of every town or hamlet where such takings or purveyances shall be made shall be helping or assistant to the owner or seller of such things to be taken against the forme of this Ordinance to make resistance in the manner aforesaid in case that such constables tithingmen or chiefe pledges be required so to doe upon pain to yeeld to the party so grieved the value of the things so raken with his double damages and that none of the Kings liege people be put to losse or damage by the King or any officer for such resistance And that none of the Kâ—ngs officers shall cause to be arrested vexed or impleaded in the Court of the Marshalsey or else where any of the Kings liege people for such detaining or not suffering to be done upon paine to loose 20. l. the one moity thereof to the King and the other moity to him which will in such case sue and that the Iustices of peace in evety County shall have power by authority of this Ordinance to inquire hear and determine as well at the suit of the King as of him that will sue of any thing done against this Ordinance and thereof to make due punishment and execution and to award damages to the party plaintife when any defendant is thereof duly convict and that upon every action to be taken upon this Ordinance every party defendant shall be put to answer unto it without the aid of the King and in such actions to be taken processe shall be made as in a writ of trespasse done against the peace and that in every Commission of Purveyors buyers or takers to be made this Ordinance shall be contained and expressed And moreover that this Ordinance among other Statutes of purveyors buyers or takers before this time made shall he sent to the Sherifes of every County of England to proclaim and deliver the said Statutes and Ordinances in the manner and forme contained in the Statute of purveyors and buyers 2. H. 6. 2. 36. E. 3. 6. made the first year of the reign of our said Lord the King upon the paine contained in the Statute And moreover the King will and commandeth that the Statute made the 36. year of King Edward late King of England the third after the conquest touching the purveyors of other persons then of the King shall be put in due execution 2. H. 4. 14. The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriffe shall let to Farme his County or any Bailiwick The Sheriffes and Bailiffes fees and duties in severall cases ITem the King considering the great perjury extortion and oppression which be and have been in this realme by his Sherifes under Sherifees and their Clerkes Coroners Stewards of franchises Bailifes and keepers of prisons and other officers in divers counties of this realm hath ordained by authority aforesaid in eschewing of all such extortions perjury 20. H. 7. fo 12. 21. H. 7. fo 36. 4. H. 4. 5. Kel fo 108. â—1 H 7. fo 16. Rast pla fo 318. Coke pla 365. 3. E. 1. 26. Dyer fo 119. and oppressâ—ion that no Sherife shall let to farme in any manner his county nor any of his Bailiwicks Hundreds nor wapentakes nor that the said Sherifes under Sheifes bailiâ—ffes of Franchises nor any other Bailiffe shall return upon any writ or precept to them directed to be returned any inquests in any panell thereupon to be made any Bailiffes officers or servants to any of the officers aforesaid in any panell by them so to be made nor that any of the said Officers and Ministers by occasion or under colour of their office shall take any other thing by them nor by any other person to their use profit or avail of any person by them or any of them to be arrested or attached nor of any other of them for the omitting of any arrest or attachment to be made by their body or of any person by them or any of them by force or colour of their office arrested or attached for fine fee suit of prison mainprise letting to baile or shewing any ease or favour to any such person so arrested or to be arrested for their reward or profit but such as follow that is to say For the Sheriffe twenty pence the Bailiffe that maketh the arrest or attachment foure pence and the Gaoler if the prisoner be committed to
their rotten praises and uphold their new confuâ—â—d Babell sandy interest though in this book by reason of the great distractions of the kingdome I thought to have been very tender of the House of Commons and its committees yet because slavery and tyranny is already goe over the threshold I must furnish my friends with some weapons to keep it out of the kitchine and Hall least it get possession speedily of the whole house and for that end I shall insert my Defiance to Tyrants in a plea which thus followeth A Defiance to Tyrants Or a Plea made by Lievt Col. Iohn Lilburne Prerogative Prisoner in the Tower of London the 2. of Decemb. 1647. Against the proceedings of the close and illegall Committee of Lords and Commons appointed to examine those that are called London Agents with divers large additions unto which is annexed a Plea for the said Citizens of London against the Committee for plundered Ministers for their illegall imprisoning them for refusing to pay Tithes ALL Magistracy in England is bounded by the â—oâ—wn and declared Law of England a a See the Petition of right and Sir Edw. Cooks 4. part institutes Chap. high Court of Parliament and while they Act according to Law I am bound to obey them but when they leave the rules thereof and walk by the arbitrarie rules of their own Wilt they doe not act as Magistrates but as b b See King Iames his speech to the Parl. at White Hal 1609. and 1. par book Decl. pag. 150. and my book called the Out-cryes of oppressed Commons pag 16 17. 18. and my Epistle to Mr. Martin of the 31. May 1647. called Rash Oaths pag. 56 Tyrants and cannot in such actings challenge any obedience neither am I bound to yeeld it but am tyed in conscience and duty to my self and my native Country therein to resist and withstand them and if their Officers goe about by force and violence to Compell me to obey and stoop unto their arbitrary and illegall command c c See Cooks 2. part inst upon the 29. chap. of Magna Charta fo 52. 53. and fo 590 591. and regall Tyrany p. 78. 79. 80 81. and Vox Plebis p. 37. and my plea before Mr. Martâ—n of the 6. Novem. 1646. called an anatomy of the Lords tyrany pag. 5. 7. â— I may and ought if I will be true to my native and legall freedoms by force to withstand him or them in the same maâ—ner that I may withstand a man that comes to rob my house or as I may withstand a man that upon the high way by force and violence would take my purse or life from me And therefore all Warrants comming from any pretended or reall Committees of Lords and Commons to command me before them that are not formed according to the Law of England I ought not to obey but withstand and resist upon paine of being by all the ambiased understanding men of England esteemed a betrayer and destroyer of the Lawes and liberties of England for the preservation of which I ought to contest as Naboth did with King Ahab for his vineyard 1 King 21.2 3 4 13. And by the Law of England no warrant or processe ought to issue out to summon up any man to any Court of Justice in England whatsoever till a complaint by a certain prosecutor be filed or exhibited in that Court of iustice from whence the warrant processe or Summons comes which warrant processe or Summons ought expresly to containe the nature of the cause to which I am to answer and the name of my prosecutor or complainants or else it is not legall and so not binding but may and ought to be resisted by me and the Court must be sure to have legall jurisdiction over the causes Secondly All the Capacities that either the House of Commons or Lords can sit in is First Either as a Councell and so are to be close and for any man whatsoever in that Capacitie to come or offer to come in amongst them that doe not belong unto them is unwarrantable and so punishable d d Se Cooks 2. part inst fol. 103. 104. 4. part inst Chap. High Court of Parlm and the book called the manner of holding Parlmts Mr. Prinns relation of the triall of Col. Nath Fines p. 13. and regall tirany pag. 82. 83. or else Secondly As a Court of Iustice to try and examine men in criminall causes and in this capacitie they or any of their Committees ought alwayes to Sir open for all peaceable men freely to behold and see e e See 2. part inst fol. 103 104. and my book called the resolved mans resolution p. 56. and regall tyrany p. â—â— â—2 83. Mr. Prinns relation of Col. Nath. Fines his tryall p. 11 12 13. or else I am not bound to go to any tryall with them or answer them a word and therefore in this sense most illegall is the close Committee of Lords and Commons f f See my grand plea and my letter 11. Nov. 1647. to every Jndividuall Member of the House of Commons See Sir Edw. Cooks exposition of the 14. and 29. Chap of Magna Charta in his 2. part inst and regall tyranny p. 43 44 72 73 74 85 86. and Vox Plebis pag. 38 39 40 41 42. and my Epistle to the Lievt of the Tower the 13. Ian. 1646. called the oppressed mans oppressions declared p. 17. 18 19. for examining those they call London Agents or any other whatsoever And Thirdly that Close Committee is most illegall being a mixture of Lords with Commons seeing the Lords are none of their or my Peers and Equalls by Law and so cannot nor ought not to be there to be my examiners tryers or Judges and a traytor I am to the lawes and liberties of England if I stoop or submit to the jurisdiction or power of such a mixt Committee f Thirdly It is contrary to Law and expresly against the Petition of right either for this Committee of Lords and Commons g g See Vox Plebis p. 38. my anatomy of the Lords tyrany p. 10. and Thompsons plea against Marshall Law or any other Court of justice or Committee whatsoever to force mee or any man to answer to interrogatories against my self or my neer relations Fourthly Neither can they legally go about to try or punish me for any crime that is triable or punishable at Common law i i See the proofes in the third Maginall note at the letter C. k k Which Statute you may read before p. 6. and take notice of this that all misdemeanors whatsoever are Baileable l l See the 3. E. 1. c. 26. and 4. E. 3. 10. and 23. H. 6 10. Rast plea. fo 31. 7. Vox Plebis p. 55 56. 57. and my late Epistle to C. West late Liev. of the Tower calleâ— the oppressed mans oppressions declared p. 3 4. 1. part Cooks inst Lib. 3. chap. 13.
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 atâ—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 â—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 â—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 desiâ—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
unto the power of the House in committing me J stooped but at their doore desired to be committed by a legall Warrant which by their own Law published in Sir Edward Cooks institutes Votes and Ordinances all warrants of commitments whatsoever ought expresly to containe the certaine particular case wherefore a man is committed and ought to conclude and him safely to keep till he be delivered by due course of Law and for the full proof of this read the 68 69. pages of the following discourse and the 11 12 13 14 15 pages of Mr. Iohn Wildmans late defence called Truths Triumph or Treachery anotamised But if the Warrant be in generall words and be also to keep him during their pleasure and made by the Parliament the prisoner is murthered and destroyed by such an imprisonment For he must either stoop to their wills and so betray his liberties and sin against his own soule or else he must remaine in prison till he starve and rot before any Iudge in Westminster Hall will grant him a Habeas Corpus to bring him up to the barre of Justice either to receive his punishment according to Law or else his liberties as uniustly imprisoned and this made me the other day at the House of Commons to contest for a legal warrant before I would go to Prison but that mercinary Turkish Ianisary Col. Baxster laid violent hands upon me telling me expresly he was not either to reason or dispute the Houses commands but to obey them caused his Soldiers to draw their swords upon me in halling of me away by force violence he stabed Magna Charta the Petition of Right c. to the very heart and soule did asmuch as in him lyes by that act destroy all our Lawes and liberties for if authority must be backt with the sword to put in execution all their unjust commands then farwell all law and liberty forever and accursed be the day that ever the Parliament raised an Army to fight for the preservation of our lawes and liberties if now they convert their power and turne their swords and guns against us by force of armes to destroy our lawes and liberties John Lilburne 6. Feb. 1647. In the third yeare of the reign of Charles King of England Scotland France and Ireland AT the Parliament begun at Westminster the seventeenth day of March An. Dom. 1627. in the third yeare of the reigne of our most gracious Soveraigne Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued untill the 26. day of Iune following and then prorogued unto the 20. day of October now next ensuing To the high pleasure of Almighty God and to the weale publique of this Realme were enacted as followeth The petition Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subiect with the Kings Majesties royall answer thereunto in full Parliament To the Kings most Excellent Majestie HVmbly sheweth unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Commons in Parliament assembled That whereas it is declared aâ—d inacted by a Statute made in the time of the reigne of King Ed. the first commonly called Statutum de Tallagio non concedento a a 34. Ed. 1. chap. 1. That â—o tallage or aid shall be laid or levied by the King or his Heires in this Realme without the good will and assent of the Arch Bâ—shops Bishops Earles Barons Knights Burgesses and other the free men of the Commonalty of this Realme And by authority of Parliament holden in the five and twentieth yeare of the reigne of King Edward the third b b 25. Ed. 3 Rot. Par. it is declared and inacted That from thenceforth no person should be compelled to make any loanes to the King against his will because such loanes were against reason and the franchise of the Land And by other Lawes of this Realme it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge c c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9. 1. R. 3. 2. by which the Statutes before mentioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any tax tallage aid or other like charge nor set by common consent in Parliament 1. R. 3. 2. Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of money unto your Majestie and many of them upon their refusall so to do have had an oath administred unto them not warrantable by the Lawes or Statutes of this Realme * * Oaths Ex Officio unlawfull and have been constrained to become bound to make appearance and give attendance before your privie Councell and in other places and others of them have been therefore imprisoned confined and sundry otherwayes molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Maiesty or your privie Councell against the Lawes and free customes of the Realme * * All Magistracy in England is bounded by the law thereof e e 28. Ed. 3. 3. And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND d d 9 H. 3. 29. It is declared and enacted f f 25. Ed. 3. That no free man may be taken or imprisoned St. 37. Ed. 3. 18. St. 38. Ed. 3. 9. St. 42. Ed. 3. 3. St. 17. R. 2. 6. or be disseized of his Free hold or Liberties or his free Customs or he outlawed or exiled or in any manner distroyed but by the lawfull iudgement of his PEERS or by the Law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third e it was declared and enacted by authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law Neverthelesse against the tenour of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided f divers of your Subiects have of late been imprisoned without any cause shewed * * Imprisonment without cause shewed is illegall See also Cooke 2. part institutes upon the 29. chap Magna Charta And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergoe and receive as the
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 aâ—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 Râ—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 cutâ—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 thâ— 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
resident within the Shire where they shall be chosen the day of the date of the Writ of the summons of the Parliament And that the Kniâ—hts and Esquires and other which shall be choosers of those Knights of the Shires be also resident within the same Shires in manner and forme as is aforesaid Rast pl. fo 446. And moreover it is ordained and established that the Citizens and Burgesses of the Cities and Boroughs be chosen men Citizens and Burgesses resiant dwelling and free of the same cities and boroughs and no other in any wise 7. H. 4. 15. 8 H. 6. 7. 10. H. 6. 2. 23. H. â— 15. The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be Iustices of the Peace FIrst that the Iustices of the peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same counties by the advice of the Chancellor and of the Kings Councell without taking other persons dwelling in forain Counties to execute such office except the Lords and Iustices of Assises now named and to be named by the King and his Councell 1. Ed. 3. 16. 34. Ed. 3. 1. And except all the Kings chiefe Stewarde of the Land and Seigniories of the Duchie of Lancaster in the North parts and in the South for the time being 13. R. 2. 7. Chap. 3. Of what estate those Iurors must be which are to passe touching the life of man plea reall to forty markes damages ITem the King considering the great mischiefes and disherisons which daily happen through all the realm of England as well in case of death of a man as in case of freehold and in other cases by them which passe in enquests in the said cases which be common Iurors and other that have for little to live upon but by such inquests and which have nothing to loose because of their false oaths whereby they offend their conscience the more largely and willing thereof to have correction and amendment 2. H. 7. fo 13. 10. H. 7. fo 14. 9. H. 5. fo 5. 10. H. 6. fo 7. 8. 18. 7. H. 6. fo 44. Dyer fo 144 Cook Inst part 1. 272. a. Rast pl. fo 117. hath ordained and established by assent of the Lords and Commons aforesaid that no person shall be admitted to passe in any enquest upon tryall of the death of a man nor in any enquest betwixt party and party in plea reall nor in plea personall whereof the debt or the damage declared amount to forty marks if the same person have not Land or Tenements of the yearly value of forty shillings above all charges of the same so that it be challenged by the party that any such person so impanelled in the same cases hath not Lands or tenements of the yearly value of forty shillings above the charges as afore is said 28. Ed. 3. 13. 8. H. 6 29. The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers and who shall be chosen Knights of the Parliament ITem Whereas the election of Knights of Shires to come to the Parliament of our Lord the King in many Counties of the Realm of England have now of late been made by very great outragious and excessive number of people dwelling within the same Counties of the Realm of England of the which most part was of people of small substance * * This is a Statute of bondage and lesse of liberty 1. H. 5. 1. 10. H. 6. 2. 6. H. 6. 4. 11. H. 4. 1. 23. H. 6. 15. Rast pla fo 440. and of no value whereof every of them pretended a voice equivalent as to such elections to be made with the most worthy Knights and Esquires dwelling within the same Counties whereby manslaughters riots batteries and divisions among the Gentlemen and other peoples of the same Counties shall very likely rise and be unlesse convenient and due remedy be provided in this behalf Our Lord the King considering the premisses hath provided ordained and established by authority of this present Parliament that the Knights of the Shires to be chosen within the same Realm of England to come to the Parliaments of our Lord the King hereafter to be holden shall be chosen in every County of the Realm of England by people dwelling and resident in the same Counties whereof every one of them shall have land or tenement to the value of forty shillings by the year at least above all charges and that they which shall be chosen shall be dwelling and resident within the same Counties And such as have the greatest number of them that may EXPEND FORTY SHILLINGS by yeare and above as afore is said shall be returned by the Sheriffes of every County Knights for Parliament by Indentures sealed betwixt the said Sheriffes and the said choosers so to be made And every Sheriffe of the Realm of England shall have power by the said authority to examine upon the Evangelists every such choosâ—â— how much he may expend by the yeare And if any Sheriffes reâ—urn Knights to come to the Parliament contrary to the said Ordinance the Iustices of Assises in their Seasions of Assises shall have power by the authority aforesaid thereof to enquire And if by enquest the same he found before the Iustices and the Sheriffes thereof be duly attainted that then the said Sheriffe shall incuraâ—â— pain of an hundred pound to be paid to our Lord the King and also that he have imprisonment by a yeare without being leâ— to mainprise or baile And that the Knights for the Parliament returned contrary to the said Ordinance shall loose their wages 10. H. 6. 2. Provided alwayes that he which cannot expend forty shillings by yeare as afore is said shall in no wise be chooser of the Knights for the Parliament And that in every writ that shall hereafter goe forth to the Sheriffes to choose Knights for the Parliament mention be made of the said Ordinances The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearely value in lands a Iustice of Peace ought to be ITem whereas by Statutes made in the time of the Kings noble Progenitors it was ordained that in every County of England Justices should be assigned of the most worthy of the same counties to keep the peace and to doe other things as in the same Statutes fully is contained 1. Ed. 3. 16 18. Ed. 3. 2. 13. R. 2. 7. 17. R. 2. 10. which Statutes notwithstanding now of late in many Counties of England the greatest number have been deputed and assigned which before this were not wont to be whereof some be of small behaviour by whom the people will not be governed nor ruled and some for their necessity doe great extortion and oppression upon the people whereof great inconveniences be likely to rise daily if the King therefore doe not provide remedy The King willing against such inconveniences to provide
them and the said agreement or opinion of the greater part of the said Iustices and Barons and the said Iudgement given against the said IOHN HAMPDEN were and are contrary to and against the Lawes and Statutes of this Realm the right of property the liberty of the Subiects former resolutions in Parliament and the PETITION OF RIGHT made in the third yeare of the Reign of his Maiestie that now is And it is further declared and enacted by the authority aforesaid That all and every the Particulars prayed or desired in the said PETITION OF RIGHT shall from henceforth be put in execution accordingly and shall be firmly and strictly holden and observed as in the same PETITION THEY ARE PRAYED AND EXPRESSED and that all and every the Records and Remembrances of all and every the Iudgement Inrolements Entry and proceedings as aforesaid and all and every the proceedings whatsoever upon or by pretixt or colour of any of the said Writs commonly called Shipwrits and all and every the Dependents on any of them shall be deemed and adiudged to all intents constructions and purposes to be utterly void and disannulled and that all and every the said Iudgement Inrolments Entryes Proceedings and Dependents of what kind soever shall be vacated and cancelled in such manner and forme as Records use to be that are vacated Anno XVII Caroli Regis An Act for the prevention of vexatious proceedings touching the Order of Knighthood VVHereas upon pretext of an antient custome or usage of this Realm of England That men of full age being not Knights and being seised of Lands or Rents of the yearly value of forty pounds or more especially if their seising had so continued by the space of three years next past might be compelled by the Kings writ to receive or take upon them the order or dignity of Knighthood or else to make Fine for the discharge or respite of the same Severall Writs about the beginning of his Majesties reign issued out of the Court of Chancery for Proclamations to be made in every County to that purpose and for certifying the names of all such persons and for summoning them personally to appeare in the Kings presence before a certain day to be there ready to receive the said Order or Dignity Vpon returne of which writs and transmitting the same with their Returns into the Court of Exchequer and upon other Writs for further inquiry of the names of such persons issuing out of the said Court of Exchequer Processe by Distringas was thence made against a very great number of persons many of which were altogether unfit in regard either of estate or quality to receive the said Order or Dignity and very many were put to grievous Fines and other vexations for the same although in truth it were not sufficiently known how or in what sort or where they or any of them should or might have addressed themselves for the receiving the said Order or Dignity and for saving themselves thereby from the said Fines Processe and vexations And whereas its most apparent that all and every such proceedings in regard of the matter therein pretended is altogether uselesse and unreasonable May it therefore please your most Excellent Maiestie that it be by authority of Parliament declared and enacted And be it declared and enacted by the Kings most excellent Maiestie and the Lords and Commons in this Parliament assembled and by the authority of the same That from henceforth no person or persons of what condition quality estate or degree so ever shall at any time be distrained or otherwise compelled by any writ or processe of the Court of Chancery or Court of Exchequer or otherwise by any meanes whatsoever to receive or take upon him or them respectively the Order or Dignity of KNIGHTHOOD nor shall suffer or undergoe any fine trouble or molestation whatsoever by reason or colour of his or their having not received or not taken upon him or them the said order or dignity And that all and every Writ or Processe whatsoever and all and every proceeding which shall hereafter be had or made contrary to the intent of this Act shall be deemed and adiudged to be utterly void and that all and every Processe proceeding and Charge now depending by reason or colour of the said pretended custome or writs aforesaid or of any the dependants thereof shall from henceforth cease and stand be and remain discharged and utterly void Any former Law or Custome or any pretence of any former Law or Custome or any other matter whatsoever to the Contrary in any wise notwithstanding I shall conclude this collection at present with the Bill of Attainder past against Thomas Earl of Strafford this present Parliament as I find it printed in the 303. pag. of a book printed for Will. Cook at Furnifalls Inne gate in Holbourne 1641. called Speeches and Passages of this Parliament from the 3. Novemb. 1640. to this instant Inne 1641. which thus followeth The Bill of Atainder that passed against Thomas Earle of STRAFFORD WHereas the Knights Citizens and Burgesses of the House of Commons in this present Parliament assembled have in the name of themselves and of all the Commons of England impeached Thomas Earle of Strafford of high Treason for endeavouring to subvert the Antient and Fundamentall Lawes and Government of his Maiesties Realms of England and Ireland and to introduce an Arbitrary and Tyrannicall Government against Law in the said Kingdoms and for exercising a tyrannous and exhorbitant power over and against the Lawes of the said Kingdomes over the Liberties Estates and Lives of his Maiesties Subiects and likewise for having by his own authority commanded the laying and asseising of Soldiers upon his Subiects in Ireland against their consents to compell them to obey his unlawfull commands and orders made upon paper Petitions in causes between party and party which accordingly was executed upon divers of his Maiesties Subiects in a warlike manner within the said Realm of Ireland and in so doing did LEVIE WARRE against the Kings Maiestie and his liege people in that Kingdome And also for that he upon the unhappie Dissolution of the last Parliament did slander the House of Commons to his Maiestie and did councell and advise his Maiestie that he was loose and absolved from the rules of Government and that he had an Army in Ireland by which he might reduce this Kingdome for which he deserves to undergoe the pains and forfeitures of high Treason And the said Earl hath been also an Incendiary of the wars between the two Kingdoms of England and Scotland all which offences have been sufficiently proved against the said Earle upon his impeachment Be it therefore enacted by the Kings most Excellent Maiesty and by the Lords and Commons in this present Parliament and by authority of the same that the said Earl of Strafford for the hainous crimes and offences aforesaid stand and be adiudged and attainted of high Treason and shall suffer such pain of
death and incurre the forfeitures of his Goods and Chattells Lands Tenements and Hereditaments of any estate of free-hold or Inheritance in the said Kingdoms of England and Ireland which the said Earl or any other to his use or in trust for him have or had the day of the first sitting of this present Parliament or at any time since Provided that no Iudge or Iudges Iustice or Iustices whatsoever shall adiudge or interpret any Act or thing to be Treason nor in any other manner than be or they should or ought to have done before the making of this Act and as if this Act had never been had or made Saving alwayes unto all and singular persons and bodies politique and corporall their Heires and Successors others then the said Earl and his Heires and such as claim by from or under him all such right title and interest of in and to all and singular such of the said Lands Tenements and Hereditaments as he they or any of them had before the first day of this present Parliament any thing herein contained to the contrary notwithstanding Provided that the passing of this present act and his Maiesties assent thereunto shall not be any determination of this present Sessions of Parliament but that this present Session of Parliament and all Bills and matters whatsoever depending in Parliament and not fully enacted or determined And all Statutes and Acts of Parliament which have their continuance untill the end of this present Session of Parliament shall remain continue and be in full force as if this Act had not been Now after these small collection of Statutes I shall give you some generall heads of things that I conceive are very necessary for you to know for the preservation of your lives liberties and estates in this murdering robing plundering and law and liberty destroying age and because tythes are of such concernment to al the honest nown substantive free men of England and so dayly a grievance to the conscientious and moral iust men of this Kingdome by reason of the Priests and persons coveteous indeavouring to rob the people of there truly come by goods which they have no right unto either by the Lawes of God reason equity or nature against which that you may be the better fortified I shall insert here the plea and answer of William Browne unto the bill of the parson of Stepny with some marginall notes upon it and some other things depending upon it The plea thus followeth The Plea answer of William Brown one of the defendants to the Bill of complaint of Josuah Hoyle intituled by the said bil Doctor of Divinity and vicar of the Parochiall church of Stepney alias Stichen heath in the County of Midlesex pretended debtor to the Kings Majesty that now is THe said defendant by protestation not confessing nor acknowledging any thing in the said bil of coÌ„plaint material against the said defendant to be true but rather devised set forth of purpose to put him this defendant to wrongfull vexation costs and charges and expences in Law for plea saith that by the plantifes own shewing forth the complainant hath no just cause to sue this defendant upon his said bill in this honouable Court neither is this defendant compellable to answer the same for that the said complainant by his said bil alleadgeth and saith that there is and time out of minde where of the memory of man is not to the contrary hath been an ancient custome and usage that the inhabitants of the said parish have alwayes paid unto the Vicars of the said parish for the time being a composition rate for milch Cowes orchards gardens lands and sowes and oblations of poultry as in the said bil of complaint is set forth which if any such custome and usage be the same is triable at the COMMON law ††This is a mistake of the councell that drew the plea for tythes by the statute law of this Kingdome are only recoverable in the ecclesiasticall courts and not at the common law as fully and clearly appeares by the 1 of Ed. 6. chap. 13. and the ecclesiasticall Iurisdiction is totally abolished by act of Parliament this present Parliament anno Caroli Regis 17. so that by law the Parsons can recover no tythes and not in this honourable Court upon the said bill of Complaint And therefore this Defendant humbly prayeth judgement of this honourable Court whether he shall make any further answer to the said complainants Bill of Complaints Neverthelesse if he this Defendant shall be ordered to make any further or other answer unto the said Complainants Bill of Complaint then and not otherwise this Defendant all benefit and advantage of exception to the uncertainties insufficiencies of the said Complainants said Bill still to this Defendant now and at all times hereafter saved for further answer thereunto this Defendant saith That he verily beleeveth it to be true that for some hundred of yeares while the Kingdome groaned under the Papall yoake and was subiect to the Popes supremacie Tyths and certaine manner of Tything and other oblations were exacted and taken by the PAPALL Biâ—hops Parsons Vicars and Curates of many Parishes and of a great part of this Kingdome untill â—he Popes supremacie and iurisdiction within this kingdome and all appeale to the sea of Rome were abrogated and annulled by divers severall Statutes * * Penalty for maintaining the authority of the Bishop of Rome 5. Eliz. chap 1. Penalty to draw any subjects from their â—bedience to the King to the Roman religion Idem And this Defendant verily beleeveth that the Popish Bishops Parsons and Vicars and their substitutes since retained and continued in the Church of England did afterwards receive and take tythes and certain manner of tything and other oblations of several parishes within this kingdome for their wages Cure and reading the Book of Common Prayer †And this Defendant saith â—hat the said Inhabitants of the said Parish in the said bill mentioned or any of them did never â—ay or were ever accustomed to pay unto any Vicars of the said parish the said composition for milch Cowes Orchards Gardens Lands and Sowes or other oblations as in the said bill is and set forth or any other composition or rate for the same but only to such Vicars thereof as were made and ordained Ministers by the Bishops some or one of them ††The names functions and stiles of Bishops are taken away Ord. 9. Octob. 1646. and their Episcopall iurisdiction and power with their tythes vicarages personages c. And what composition or rate for milch Cowes Orchards Gardens Lands or Sowes or other oblations the said Inhabitants or any of them did pay unto any of the said Vicars for the time being of the said parish in the said Bill mentioned since the abolishing of the Popes supremacie the same was payed for officiating reading the book of Common Prayer and administring the Sacraments
Lord or for him that tooke them Bro. Riot 2. 3. 52. H. 3. 3. 13. Ed. 1. 39. V. N. B. fo 43. 44 Regist fo 85. 52. H. 3. 21. Regist fol. 81. Fitz. N.B. fo 68. F. for to answer and make the deliverance after such time as the Lord or taker shall be admonished to make deliverance by the Sheriffe or Bailiffe if he be in the Country or neere or there whereas he may be conveniently warned by the taker or by any other of his to make deliverance if he were out of the Countrey when the taking was and did not cause the Beasts to be delivered incontinent that the King for the trespasse and despite shall cause the said Castle or Fortresse to be heaten down without recovery And all the damages that the plaintife hath sustained in his beasts or in his gainure or any otherwise after the first demand made by the Sheriffe or Bailiffe of the beasts shall be restored to him double by the Lord or by him that tooke the beasts if he have whereof and if he have not whereof he shall have it of the Lord at what time or in what manner the deliverance be made after that the Sheriffe or Bailiffe shall come to make deliverance And it is to wit that where the Sheriffe ought to return the Kings writ to the Bailife of the Lord of the Castle or Fortresse or to any other to whom the return belongeth if the Bailife of the Franchise will noâ— make deliverance after that the Sheriffe hath made his return unto him then shall the Sheriffe doe his office without further delay and upon the foresaid paines And in like manner deliverance shall be made by Attachment of the plaintife made without writ and upon the same paine And this is to be intended in all places where the Kings writ lyeth And if that be done in the Marches of Wales or in any other place where the Kings Writs be not currant the King which is soveraign Lord over all shall doe right there unto such as will complain Now after this businesse of Tyths which by the universall complaint against it all over the Kingdome appeares to be an intollerable and insupportable burthen I shall a little open unto you another mischiefe of far more dangerous consequence and that is the subvertion of our fundamentall lawes and liberties and the exercising of an Arbitrary Tyrannicall government which I find to be the principall crime laid to the charge of the late Earl of Strafford for which he lost his head upon the Tower Hill at London in the yeare 1641. And that it was his principall crime appeares clearly to me by his Bill of Attainder which you may read before pag. 29. and by the fiâ—st Article of his impeachment which as I find it printed in the 117. pag. of a book called Speeches and Passages of this Parliament from the 3. of Novemb. 1640. to Iune 1641. printed for Will. Crook at Furnifalls Inne gate in Holbourne 1641. The very words of which thus followeth That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the fundamentall lawes and government of the Realmes of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannicall Government against law which he hath declared by trayterous words councells and actions and by giving His Majestie advice by force of Armes to compell his loyall Subiects to submit thereunto Now whether this very traiterous crime of the Lord of Strafford be not really acted since the warres ended both by the present House of Lords and by the present Grandees in the Army I thinke is obvious to every knowing rationall understanding unbiosed mans eye in England in that both of them have taken upon them to meddle with things not within their cognizance or jurisdiction and to out men of their lives liberties and properties without any legall processe and proceeding all the ordinary Courts of Iustice in England being open where only and alone all causes whatsoever between party and parties desidable by the lawes of this land are to be tryed and determined and no where else it being as lawfull for a Iudge Iustice of peace or a Constable to make Laws as for a House of Lords to execute Laws their legall and proper work at most upon their own usurped principalls being to make new laws repeal old laws to give their consent to raise mony for the preservation of the publique and to see it be rightly disposed of but they themselves ought not in the least to finger it much lesse by votes to give it to each other it being contrary to the Law of England for Fofees in truâ—t which they would have us to believe they * And it â— but a bâ— belief sâ— I say anâ— wil maintain it against aâ— the procâ—ers of thâ— present â— House oâ— Lords havâ— in England thaâ— they have no more right to their pretended legislative â— power theâ— a thiefe that by force takâ— my purseâ— from me Nor no more right to bâ— called thâ— legislatorâ— of England theâ— a man to be called an honest womans husband that by force and violence robs her of her virginitie and so commits a rape upon her and by threat to save her life compells her to hold her peace And I desire all the Commons of England seriously to consider how the Lords that flow from William the Conquerers sword and the meer will of his successors can rationally pretend to a legislative power when in their joynt Declarations with the present House of Commons they have declared the King their Creator hath none but is bound by his Coronation oath to passâ— all such lawes as the folk or Commons shall chuse and what greater evill can there be in the world theâ— seeing that all legislative power in the nature of it is Arbitrary that for life an arbitrary power should bâ— placed in the Lords and heriditary in their sons be they fooles or knaves therefore up with them by the roots and let no power hereafter be exercised in England but what acknowledgly flowes as a trust from thâ— people or their Representatives and who are subiect as other men to the Lawes are to give any thing to themselves to punish all mayle Administrators of Iustice and to heare and redresse all appeares upon eronious judgements given or made in any of the Courts in Westminster-Hall or elsewhere Yet notwithstanding have they Arbitrarily and Tyrannically summoned and convened men before them for things desideable and determinable only at Common Law without any due processe of Law and have taken upon them contrary to all law Iustice equitie and conscience to be both Informers Prosecutors Witnesses Parties Iurie and Iudges and thereupon have past most illegall arbitrary and tyrannicall censures upon the free Commons of England and thereupon have distroyed and outted them of their lives liberties properties free holds and estates when as by the fundamentall law of the Land no Iudge
of God or England no plea can save their lives in any one of whose condition in the eye of the Law to be tyed to live in England that had a hand in that mans willful murder I would not be for al the gold in England and let me without contempt give this advice to the two great forementioned Nimrods of the Army whose present power is bent to suppresse our fundamental laws and liberties and to build up and establish the highest of Tyranny and protect Tyrants to turne over a new leafe and turne honest if they have any graines thereof left with in them and bend not their parts and power to plead for and protect the present tyrannicall House of Lords in their unjust usurpations and to destroy me in my unjust imprisonment which I know is only continued by their power and meanes for doing my duty to my selfe country and posterity to oppose them therein least they necessitate and compell me for the preservation of my selfe wife and children to finde out a man that shall dare in the hight of all there unlimited potency and unbounded greatnesse to indict them both for murderers at the Kings bench barre or elsewhere and shall dare to indict the Iudges for perjury c. if they shall dare to obey any command in England that shall command them not to doe iustice and right in that particular And now O unworthy and dishonourable Cromwell that I averre and will justifie to thy face that brought and drew me into my first contest with the Earle of Manchester and when thou hadest served thy ends of me viz. to helpe to pull him downe from his Major Generall-ship left me in the Bryers to be worried and torne in peeces by him and now keepest me in Prison to the apparent hazard of my totall destruction by thy power and influence for being true to those principles of reason truth and iustice that I will iustifie to thy face thou wast as high in as my selfe when thou engaged me against Manchester the Earle of Essex c. though now thou art visably and desperatly apostatized from them to thy shame eternall dishonour be it spoken but seeeing as my owne soule tells me by thy meanes I cannot get one dram of iustice at the hands of the House of Commons upon my complaint against the prest he tyrannicall usurping house of Lords I here proclame an open defiance to thee as a professed enemy to the fundamentall lawes and liberties of my native country to doe the worst thou came to me a man in some sence almost devoured by the Tyranny of thy fellow grand Tyrants in England under which I have transendantly suffered this cleaver yeares together and therefore seeing that thou and the rest of thy Tyrannicall confederates in the present house of Lords and there 〈◊〉 Speaker Sr. John and Nat. Fines c in the house of Commons necessituously compells me to 〈…〉 â—â—â—dent straits and extremities as you do and 〈◊〉 all my own subsistance from me * For the Parliament owes me for my just arreares the greatest part of a 1000. pound and my Ordinance for 2000. l. reparations against my uniust Star-chamber Iudges hath layd dorment in their house this two yeares although since then I know severall of there owne Members to whom out of the publique money they have given 5000 l. a peece unto that I wil upon the losse of my life evidently make it good never suffered one hundreth part of that which I did before this Parliament and yet I am told some of them have received all there 5000. pounds yet according to Law the iust custom of the Tower where am Prisoner wil not allow me a subsistance according to my quality out of the publique treasure or those that most vniustly and illegally committed me by meanes of which in the eye of reason I am likely shortly to perish and be destroyed yet in these great straits in the might and strength of God I say to thee O Cromwell with an undaunted resolution as the the three children did to that grand Tyrant Nebuchad-nezzar when he was ready to throw them into the hot fiery furnace O Cromwell I am not carefull for all thy greatnesse to tell thee thy owne and to let thee to know that the God whom I serve is able to deliver me from thy power and greatnesse But if not be it known unto thee O Cromwell that I will not serve thee nor worship or stand in feare of thy tyrannicall power or that golden or painted Image the present House of Lords which in thy Imaginations and fancy thou hast lately set up that so in time thou mayest be one thy selfe Now upon these Pleas and Protestations of the forementioned honest men comming so thick upon them with the gallant and heroicall carriage of divers of the other prisoners at Windsore with the late thunders of Mr. Sidgwick and precious Mr. Saltmarsh these new Tyrants the Grandees had such a curb put into their mouth that it so stopped the furiousnesse of their bloody and murthering Carreare that they were as my often Intelligence gives me to understand confounded and amazed amongst themselves and therefore set their Imps and underhand pentionary Agents at worke to perswade the honest Agent Prisoners to close in love and union with some litle kind of though it were but seeming reluctancy of spirit †And then they and some of there Pencionary Imps lyingly get their Diurnall Mercuries to print to the view of the whole Kingdome that they all had acknowledged their faults and cry'd peccavie when as some of them that are named in the Diurnall so to doe have told me that it is the falsest lye in the world for they never did any such thing but ever did and still doe abhorre the thoughts of such a base and wicked acknowledgement and then the Generalls almightinesse in whom those ficosantising Grandees place as great an omnipotency as ever the Courtiers or Cavialeers did in the King the more to serve their wicked and desperate ends for this I dare confidently say if his Excellency would not let his Creator Cromwell rid him he should shortly and as fearcely charge him with as impeachment of Treason and breach of trust as ever he did the Earle of Manchester by meanes of which his Lordship hath of lare been very raâ—e and gentle to his greatnesse Lievt Gen. Cromwell should pardon all their iniquities and passe by all their transgressions and forthwith one of Ahabs fosts is called that so they may more closely and cowardly smite with the fist of wickednesse that being too much the apparent end of all their howling lamentations Which God amount but mockings unto him and without amendment of wayes and doing justice and iudgement reliving the afflicted and oppressed and breaking all the heavie yoaks are odious and abominable in his sight Esay â—8 4 5 6 7. and Micah 5 6 7 8. And after the fist which was by
which imprisonment besides my large expences there I lost at London in debets c. my Debtors taking the advantage of my araignment for treason would as they said pay us Traytors debts about 600. l. every penny of which lay upon mine own particular shoulders And comming out with the same Principles I went in I betook my selfe to my sword againe having refused here at London divers places of ease profit honour with much resolution integritie in the midest of many discouragements I fought under the Earle of Manchesters command so long tell by his and others visible apostatising from the first declared ends and by the wjckednesse treachery basesse and perfidiousnesse J found there I had lost all my principles and could not for all the world any longer kill Caveleeres in whose service I was plundered the third time at Newarke to the value almost of 100 l. besides many scores of pounds of my owne mony in that â—â—vice I spent * * Which I did upon this ground at the first modalizing of Sir Tho. Fairfaxes Army the Parliament voted that none should beare office in that new Modell but he that would take the Covenant whereupon though I was profered better imployment then before I ever had yet I told Liev. Generall Cromwell whose white Boy then I was that upon them tearmes I scorned to be so base as ever againe to draw my sword for the Parliament for hâ—itherto I had served them faithfully and uprightly out of principles of Conscience and not as a Mercenary for their money and what â—â—â—â—soever he was that should grow iealous of me without a cause I would never againe upon my tearmes in the world serve that Master any more As for the Covenant every Knave and Rascal that had no more conscience then a dog would take either it or any other oath whatsoever for his own advantage and for his gaine and profit breake it as soon as he had taken it but J told him I for my part was compelled to be honest out of a principle of conscience and not out of the forcâ— of Oaths And besides I for my particular would never be such a Traytor to the lawes of my God and to the liberties of my native Country as to take such an insnaring intangling dishonourable Scotch Oath more then ever there I received there being due unto me at this day for my arreare there the greatest part of a thousand pounds as I doubt not upon just and 〈◊〉 grounds clearely when you please to make appear That at the laying down my command J rigorously with all the interest J had in England betook my selfe to an earnest prosecution to obtaine at the hands of your house my iust and long expected and promised reparations from my cruell Star-Chamber Iudges one of which viz. old Sir Henry Vaine sits in your House at this day in the following of which I met with such hard and unreasonable measure not only from the hands of your hâ—â—se it self * * Who by Mr. Speakers meanes Committed me at eight a clock at night without hearing me though at your doore or without seeing those that accused me and afterward made an Order to arraign me for my life at Newgate Sessions and yet releast me without telling me wherefore I was imprisoned See my book called Innocency and Truth iustified but also from its Committees in being causlesly tossed and tumbled out of the hands of one Messenger to another and from one Goale to an other that it made me almost as weary of the Land of my nativity as ever the Jsraelitas were of Aâ—gipt when the cruell Tyrant Pharoah made them to make bricks without straw especially when I considered that all this was done unto me by those for the saving alive and preserving of whom J had so often freely and resolutely with my sword in my hand adventured my life and in the dayes of their greatest straights and calamities been as faithfull to them as ever Jonathan was to David when he hazzarded ruine and distruction from his father for siding with him Yea and if it had then been in my power could have done a thousand times more then I did verily believing they would have performed their just Declarations to the Kingdome But before the storm of your indignation was well blown over the fearcenesse of which had almost overwhelmed me behold such a furious tempest the 10. of Iuly 1646. ariseth against me by the House of Lords as if it would have blown me into an other Horzian or have Metamorphased me into the shape and habit of a bruit beast and have robbed me of all things that might give me the denomination of a man LEVELLING thereby the Liberties and freedomes of all the Commons of England unto their arbitrary Lordly wills And having about 18. moneths ago fled unto you as justly I might for shelter protection and justice against them which by my severall Pleas before your Committees I have proved you ought long since to have afforded me and having the 11. of this instant in halfe a sheete of Paper presented here at your doore as now I doe to your hands an abstract of the Lords tyrannicall illegall dealing with me And of all by way of Plea I have for my selfe to say with a desire to stand or fall under your Judgement thereupon which yet J cannot obtaine from you and therefore referring you to that Abstract and to my Grand Plea before Mr. Maynard upon the 20. October last and my Additionall Plea annexed unto it for all the particulars â— crave and challenge at your hands as my right and due I adjure you before Heaven and Earth and before the Lord Iehovah and his mighty and glorious Angells without any more delay to adjudge my cause betwixt the Lords and me either to my justification or condemnation and to doe me Justice and right by helping me to my owne kept from me by you and doe not by your 7. yeares delay of justice lay more provocations upon me then my strength and ability is able to beare and then go about to distroy me for my crying out of your oppression when in the eye of â—eason I have no other remedie left me in this world but that or to distroy my selfe wife and Children which even nature it self abhorâ—s or else to live upon the kindnesses of those that in future time to my reproach shall as some from whom I should little have expected it have lately done hit me in the teeth with it which makes the proffer of their courtesies a scorn unto me and the thoughts of not being able to â—epay them againe a burthen to my spirit And therfore to conclude let me in the bitternesse of my spirit say unto you as the unrighteous Judge said unto himselfe although by your actings towards â—â— you declare that you neither feare God nor reverence 〈◊〉 yet for my necessitie and pressing importunities take now at last to doe just and right
we will in no sort abridge for the excellency thereof but referre you to the fountaines themselves Hereupon it appeareth that the common Warant or Mittimus to answer to such things as shall be obiected against him is utterly against Law Now as the Mittimus must containe the cause so the conclusion must be according to law viz. The Prisoner safely to be kept untill he be delivered by due order of Law and not untill be that made it shall give order or the like John Lilburne Ianuary 1647. I had here an intent largely to have insisted upon the Lords tyrannicall exercise of their illegall usurpations upon divers of the free Commons of England besides my self whom they have most Arbitrarily and tyrannically without all shaddow of Law saving the lawlesse unlimitted tyranny of their own meer unbounded wills and pleasures sent unto severall Gaole◠in this Kingdome but because my time hath been exceedingly prevented and my intention frustrated by those late stormes and ungrounded fluttering bellowing whirl-wind tempests that hath lately been most falsely uniustly and maliciously raised against me by an English Tertullus Orator called Mr. Marsterson the false and lying Sepheard of Shoreditch neer London whose impeachment of me at the Lords and Commons Barre of designing the destruction and overthrow of the present Parliament although it hath made a great ecchoing and note in the Kingdome I no more valew then a blast of wind but let malice it self in all its hight doe the worst it can Yet I say by these new stormes I have been a little diverted from my purpose in fully painting the Lords at present and therefore because I judg it more then time to have this discourse abroad I shall suspend the full execution of my intentions till my late speeches at the House of Commons barre come to the publique view where I have drawn their Pictures as lively I beleeve as any picture drawer in England ever did And therefore I shall only at present confusedly fill up this spare paper and I shall begin with my proposition which I sent to the Speaker of the House of Commons which he caused to be read in their House and which verbatum thus followeth The Proposition of Lievt Col. John Lilburne prerogative prisoner in the Tower of London made unto the Lords and Commons assembled at Westminster and to the whole Kingdome of England Octob. 2. 1647. I Grant the House of Lords according to the Statute of the 14. Ed. 3. chap 5. to have in law a iurisdiction for redressing of grivances either upon illegall delayes or illegall iudgement given in any of the Courts at Westminster Hall provided they have the Kings particular Commission therefore and all other the legall Punctilloes contained in that Statute which jurisdiction and no other seems to me to be confirmed by the Statutes of the 27. Eliz. chap 8. and 31. Eliz. chap. 1. But I positively deny that the House of Lords by the known and declared Law of England have any originall Jurisdiction over any Commoner of England whatsoever either for life 〈◊〉 liberty or estate which is the only and alone thing in controversie betwixt them and me And this position I will in a publique assembly or before both Houses in law debate with any 40. Lawyers in England that are practisers of the Law and I will be content the Lords shall chuse them every man and i◠after I have said for my self what I can that any three of these forty Lawyers sworn to deliver their judgements according to the known law of England give it under their hands against me I will give over my present contest with the Lords and surrender my self up to the punishment and sentence of the present Lords and Commons Provided at this debate I may have 6. or 10. of my own friends present to take in writing all that passeth thereupon Witnesse my hand and seale in the presence of divers witnesses in the Tower of London this 2. of October 1647. Iohn Lilburne And to conclude this book I shall only add a breviate of my grand Plea against the Lords as I delivered it to the House of Commons in half a sheet of paper the 11 Nov. which thus followeth