the Second year of King Henry the Fourth An Assize shall be maintainable against the King 's Patentee of Lands without any title found for the King by Inquisition By an Act of Parliament made in the 4 th year of the Reign of the aforesaid King a special Assize shall be maintainable against a Disseisor by force Riots Routs and unlawful Assemblies are forbid by a Statute made in the 13 th year of the aforesaid King's Reign and the Justices of Peace near adjoyning Impowred to hear and determine the Offences and if they cannot are to certifie the King and his Council thereof By an Act of Parliament made in the second year of the Reign of King Henry the 5 th Commissions are to be from time to time awarded to Inquire of the defaults of the Justices of Peace Justices of the Assize Sheriffs and under-Sheriffs in not suppressing and punishing the same By an Act of Parliament made in the first year of King Richard the Third the Justices of Peace may let Prisoners to mainprize that are Arrested or Imprisoned for light suspition of Felony or by Malice and no Sheriff or other Officer shall seize the Goods of a Prisoner until he be attainted By an Act of Parliament made in the 23 th year of the Reign of King Henry the Eighth A Jury Convicted of giving a false Verdict if it be for any thing demanded above the value of Forty pounds and concerneth not the Jeopardy of a man's life shall forfeit Twenty pounds a piece the one half to the King and the other to the Party that will sue for the same and Five pounds a piece if the thing demanded be under the value of Twenty pounds and every one of them in the one Case and the other make fine and ransom by the discretion of the Judges before whom such false Verdict was given never after be of any Credence nor their Oaths accepted in any Court By an Act of Parliament made in the 32 year of the said King wrongful disseifin shall be no dissent in Law except the Disseisor shall have been five years in quiet Possession without entry or continual Claim of those who have lawful Title thereunto The Barons of the Exchequer are by an Act of Parliament made in the 33 th year of the aforesaid King Authorized by Bills of Equity in the Exchequer Chamber to acquit discharge or moderate all Recognizances Debts Detinues Trespasses Wastes Deceipts Defaults Contempts and Forfeitures Treasons Murders Felonies Rights Titles and Interest as well of Inheritance as Free-hold only excepted according to Equity and good Conscience By an Act of Parliament made in the 5 th and 6 th year of the Reign of King Edward the Sixth Great Penalties were laid upon those that should buy or sell Offices concerning the Administration of Justice or any Offices belonging to the King all Contracts Bonds Promises Covenants and Bargains to be void both as to the Buyer and Seller and the taker of any Gift or Promise to forfeit his Nomination and Interest therein By an Act of Parliament made in the 31 th year of the Reign of Queen Elizabeth Three Proclamations shall be made in every Action Personal where an Exigent is awarded and the Defendant before the allowance of any Writ of Error or Reversal of the Utlary shall be bound to answer the Plaintiff and satisfie the Condemnation By an Act of Parliament made in the 43 th year of the Reign of the aforesaid Queen Every Sheriff Under-Sheriff or other Person making any Warrant for the Summons Arrest or Attaching of any Person or their Goods to appear in any of the Courts of Westminster or procuring it without Original Writ or Process to warrant the same being Convicted thereof shall be Imprisoned without Bail or Mainprize until they shall have paid the party grieved Ten pounds with all his other Damages and Twenty pounds a piece for their Offence to the Queen and for the avoiding of Vexatious Actions where any recovery is had for Debt or Damages for less than Forty shillings or not above no more Costs shall be awarded by the Judge than the Debt or Damages recovered And by the Law Writs of Habeas Corpus una Cum die Causa Captionis are granted by the Courts of King's-Bench or Common Pleas when any are Imprisoned by the King or any other without Cause shewed to be Bailed if the Cause shall not appear to be Just and Legal And if any Man Imprison any of the King's Subjects without just Cause or enter upon or take away any of their Estates against the Tenor of our Magna Charta and Charta Forestae and many of our other excellent Laws and reasonable Customs he may although it be by the King's Command if not legal be punished for the same And our Magna Charta and Liberties are so Bulwarked and Fortified as every man may have reason enough to be assured That the People of England and Wales cannot upon any Emergencies and Violations of Laws want relief or Redress When the Justices in Eyre Instituted by King Henry the Second to ride their Circuits until they were by King Edward the Third changed into those of Assizes who in their Vernal and Autumnal Circuits carrying the King's Justice and Care of it into every Shire and County of England and Wales to prevent as much as might be their Travels and Expences to seek it farther from home did amongst many other Articles and Matters concerning the King and his People give in Charge to the Grand Juries of the several Cities and Counties of their Circuits which were Men of good Estates Knowledge Experience and Concerns Sworn to present what they should be charged to Inquire of and direct them to Inquire and present false Weights and Measures Lands seized into the King's hands which ought not to be seized or being ordered to be restored were not of those that were amerced without reasonable Cause and not according to the Offence or by their Peers without a saving to their Contenement a Merchant without a saving to him his Merchandize and a Villain without saving his Waynage and not by the Oaths of good and lawful Men of the Neighborhood if any Earls and Barons were amerced but by their Peers and after the manner of their Offences and if any Man of the Church be amerced otherwise than according to his Lay-Tenement and after the quantity of his Offence and by the Statute of Marleborough made in the One and fiftieth year of King Henry the Third of all other the breaches of the Laws and Liberties granted by Magna Charta and the Charter of the Forrest and other Articles and Matters to be Inquired of given unto them in Writing and upon their Oaths to answer distinctly what they did know Affirmatively or Negatively When the Judges of the Court of King's Bench who do yet retain the power of Justices in Eyre do in every Easter and
have any part or profit thereof There shall be no disturbance of free Elections by face of Arms Malice or otherwise By the Statute called Articuli Super Chartas made in the 28 th year of the Reign of the aforesaid King There shall be chosen in every Shire by the Commonalty of the same Shire Three substantial men Knights or other lawful wise and well-disposed Persons who shall be Justices Sworn and Assigned by the Kings Letters Patents under the great Seal to hear and determine where before no remedy was at the Common Law such plaints as shall be made upon all those that do Commit or Offend against any point contained in the great Charter or Charter of the Forrest which were ordained to be proclaimed at four several quarters of the year in full County in every year in every County and to hear the Plaints as well within the Franchises as without and from day to day without allowing any the delays which be allowed by the Common Law and to punish by Imprisonment Ransom or Amercement according to the Trespass No Common Pleas shall be holden in the Exchequer contrary to the form of the great Charter the Marshal of the King's House shall not hold Plea of Free-hold Debt Covenant or Contract made betwixt the King's People but only of Trespasses done within the Verge and Contracts made by one Servant of the house with another The Chancellor and Justices of the King's Bench shall follow the King so that he may at all times have near unto him some that be Learned in the Laws which be able duly to order all such matters as shall come unto the Court at all times when need shall require No Writ that toucheth the Common Law shall go forth under any of the Petit Seals By an Act of Parliament made in the 34 th year of the Reign of the aforesaid King Nothing shall be purveyed to the King without the Owners assent By an Act of Parliament made in the Reign of the said King No Tallage or Aids shall be taken or levyed by the King or his Heirs within the Realm without the good will and assent of the Arch-Bishops Bishops Earls Barons Knights Burgesses and other Freemen of the Land By an Act of Parliament made in the first year of the Reign of King Edward the Third Aids granted to the King shall be taxed after the old manner By an Act of Parliament made in the second year of the Reign of the aforesaid King No Commandment under the King's Seal shall disturb or delay Justice No Bishops Temporalty shall be seized without good Cause Justices of Assize shall in their Sessions enquire of the Demeanour of Sheriffs Escheators Bailiffs and other Officers and punish the Offenders No Person shall be pardoned for an Utlary after Judgment without Agreement with the Plaintiff or Outlawed before Judgment until he do yield his Body to Prison By an Act of Parliament made in the 14 th year of the said King It was assented established and order'd that Delays and Errors in Judgments in other Courts shall be Redressed in Parliament by a Prelate 2 Earls and 2 Barons who by good advice of the Chancellor Treasurer and Justices of the one Bench and the other and of the King's Council as they shall think convenient shall proceed to make a good accord and Judgment And that the Chancellor Treasurer Keeper of the Privy Seal Justices of the one Bench and the other Chancellor and Barons of the Exchequer and Justices assigned and all that shall intermeddle in the said places under them shall by the advice of the said Arch-Bishop Earls and Barons make an Oath well and truly to serve the King and his People and by the advice of the said Prelate Earls and Barons to increase or diminish when need shall be the number of the said Ministers and from time to time when Officers shall be newly put in cause them to be sworn in like manner A Declaration by Act of Parliament made in the 25 th year of the said King's Reign What Offences shall be adjudged Treason and if any other Case supposed Treason not therein specified shall happen before any Justices they shall tarry without going to Judgment of the Person until the Cause be shewed and declared before the King and his Parliament whether it ought to be Judged Treason or other Felony By an Act of Parliament made in the same year No person shall be compelled to make any Loans to the King or charged with any benevolence None shall be Condemned upon Suggestion Imprisoned nor put out of his Free-hold nor his Franchises without Presentment but by the Law of the Land or by Process made by Writ Original at the Common Law nor that none shall be sent out of the Franchise or Free-hold unless he be duly brought to answer and fore-judged by Course of the Law and any thing done to the contrary shall be holden for none By an Act of Parliament made in the 5 th year of the Reign of King Richard the Second None shall enter into Lands where it is not lawful or with force under the pain of Imprisonment and Ransom at the King 's Will. A Penalty is to be inflicted upon a Clerk of the Exchequer which maketh out Process for a Debt discharged By the Statutes of the Fifth and Fifteenth of King Richard the Second where Lands or Tenements are entred and deteined by force the next Justice of the Peace is Impow'red to view the force and by the Power of the Sheriff and County to remove it and Imprison the Offenders and by the Statute of 8 th of H. 6. whether it be entred by force or it be continued and not entred by force may by a Jury impannel'd and their Verdict if the Deteiner hath not been Three years before in quiet possession reseise the said Lands and Tenements and put the party ejected into his former possession A man Impleaded in the Exchequer shall be received by himself or any other to plead his Discharge By an Act of Parliament made in the 12 th year of the aforesaid King The Chancellor Treasurer Keeper of the Privy Seal Steward of the King's House the King's Chamberlain Clerk of the Rolls Justices of the one Bench and the other Barons of the Exchequer and all that shall be called to ordain or make Justices of Peace Sheriffs Escheators Customers Comptrollers or any other Officer or Minister of the King shall be firmly sworn that they shall not make Justices of Peace Sheriffs Escheators Customers Comptroller or any other Officer or Minister of the King for any gift or brocage favour or affection By an Act of Parliament made in the 13 th year of the said King's Reign He that will that Swear he oweth nothing to the King shall be discharged no Bonds or Recognizances shall be taken for the King's Debts By an Act of Parliament made in
Michaelmas Term by a Select Grand Jury of the County of Middlesex cause an enquiry to be made although it were to be wished it might be after the antient manner by Articles delivered unto them in Writing to be distinctly answered unto Offences committed against the King and his Crown and Dignity of all Confederacies Champerties Maintenance Trespasses Extortions and Grievances done to the King's Subjects by any Arch-Bishops Bishops Dukes Earls Barons Servants Officers Coroners and Ministers of the King or by any other whatsoever of breach of the Peace denying of Bail on those who ought to be Bailed and of all manner of Oppressions and Grievances of the People When the numerous Justices of Peace in every County being as too many of them Baronets Serjeants and Men of Law Knights Elquires and Gentlemen of good Quality Families Estates and Education are Sworn and imployed not only to be Guardians and Conservators of the Peace of the King and his People to suppress Felonies Riots and the lower and most Common sort of Exorbitancies and Misdemeanors but to take Care of the Execution of many Laws and Statutes committed to their Trust and with the Method and Order appointed by our Laws and Ancient and reasonable Customs of presenting an Inquiry of Grievances by our many Court-Leets Sheriffs Tournes and County Courts Subordinate one under the other to the Superiour Courts of Westminster and they unto their Supream Authority the King It will be the Peoples own fault and neglect of their own Concernments if any Grievances or Oppression pass undiscernable uncomplained of or unpunished or if any Arbitrary Power or Extravagances do invade or break in upon the Nation who by the fence and care of our Laws and many times Confirmed Liberties which for more than 500 years last past have been building repairing and polishing to a perfection more than the Hebrew Greek or Roman Laws did ever attain unto the Laws which God himself made for that peculiar people only excepted And may if by our Sins and Provocations of God Almighty the Inspector of our unparallel'd Misdeeds and Punisher of them when his wrath shall be kindled and have no longer patience the Walls of our Happiness shall not be demolished our Liberties put to the Sword and our Laws led into Captivity be as safe as Humane Prudence and Laws can possibly make them More especially when our Courts of Justice at Westminster-Hall are governed by Judges and Men of great Wisdom and Integrity Sworn to observe the Laws and Judge according to their Direction and our Lawyers at the Bars freely permitted with fitting reference rightly to inform and plead their Clients Cases And the King 's high Court of Chancery the Officina Justiriae under the Teste me ipso of the Watchman under God of our Israel Superintending over them giveth Writs remedial to all that ask for them with helps for extraordinary Emergencies or to allay the Severity of Laws and makes it its business to punish and forbid Frauds and Oppressions The Masters of Chancery Annually stipended by the King formare Brevia originalia remedialia and to be Assistants subordinately to that High and Honourable Court in matters of Accompt and References The Rule of Chancery being ever since the Statute of Westm ' the second made in the 13 th year of the Reign of King Edward the First quod nullus recedat à Cancellaria sine remedio Concordent Clerici and the Officers and Clerks of the Chancery thereunto appointed are from time to time to do their utmost endeavours to provide Remedies for all that Complain Nè Justitia deficeret Conquerentibus And as to lesser Matters of Complaints and often Emergencies Pensioneth by good yearly Salaries 4 Learned and venerable Men of worth called Masters of Requests or Supplicationum libellorum who by turns and courses each Master being deputed to his Month have their audience Twice or oftener in that Time of the King to give Answers to their Petitions And the King in matters wherein any of his Rights and what appertaineth unto him are concerned gives his People leave by Petition or monstrans du droit Traverses oustre les mames c. to obtain what they can prove to be due unto them and where any of his Letters Patents are grievous and against the Law suffers them to be repealed by Writs of Scire facias brought against the Patentees And if any of the People should be so unhappy in the Intrigues or Difficulties of their Cases as they cannot be relieved by any of those provided Remedies from any supposed Arbitrary Power of their Prince or any Illegal oppressing Actions of one Subject against another they have the Liberty of Appeals from the Inferior Courts of Justice to the Superior and in Matters concerning breach of the Peace and of Misdemeanors within the Cognisance of the Justices of Peace may appeal from them to the Justices of Assize and from them to the King and his Chancellor or Lord Keeper of the Great Seal of England and if not by any of those ways to be relieved are in Cases not concerning Free-hold not debarred their Appeals to the King and his Privy Council where they are the King himself being very often present judiciously and deliberately heard upon all the Pleas and Arguments which the Councel Learned in the Law on both sides can make one against the other And Remedies also against all the Assaults of Grievances are not difficult to be come at in the Ecclesiastical Courts and Courts of Admiralty where when the Subjects Complaints cannot be remedied they do easily obtain the King's Commission of Delegates to other Judges and if that do not answer their Expectations may have a Commission of Adjuncts to other Judges to be added unto them And in these or other Courts where the Potency of the one part and the Poverty of the other hath disabled the weaker from attending the formalities of Justice or croud of many other Causes he may have a Commission ob lites dirimendas granted by the King out of his High Court of Chancery to some good and wise men to endeavor as much as they can a more speedy Remedy The Dermier Resort last Appeal ultimum refugium of the People in their seeking for Justice being so necessarily Inherent in the Crown as none but they that wear it can justly claim any Right unto it but have always been enjoyed not only by our British Saxon and Danish Kings before the Norman Conquest but all our Kings which Succeeded them And if there they find no help are like enough if therebe cause of Justice in their Complaints not to fail of Relief by Petition to the King when he is assisted with the advice of his Lords and Commons in Parliament All which with many other Laws and reasonable Customs Priviledges and Liberties like so many Cittadels Block-houses Out-works and Strong Castles and Forts which divers of our ancient and reasonable Customs and Acts of Parliament
therefore if they would but once resolve to be more obedient seek and embrace Peace and Humility more than they do and follow the Council of the Apostle St. Paul to abstain from those that make Divisions And not take every thing that they do hear from foolish lying or malitious Tongues rackets and rebounds to be a certainty of Truth when there is nothing at all to support it unless they will acknowledge that their understanding memories and senses are by the vain and incertain Imaginations of Fears and groundless Jealousies misguided and led into a Frenzy or otherwise that they would under those Pretences hide and cover their very wicked Designs until they can be effected and seduce as many as they can into their Party to help to go through with it might acquiesce in the Opinions Duty Allegiance Understanding Reason and Sense of many Counties Cities and Boroughs of this Kingdom who upon the reading of his Majestie 's Declaration shewing the Reasons and Causes of his Dissolving the last Parliament and His Majestie 's firm and fixed resolution to maintain the Religion and Monarchical Government of this Kingdom now by Law established have by their many several Addresses made their dutiful acknowledgments for His Majestie 's Grace and Favour therein and the happy Government Peace and Plenty wherein they have lived since His Majestie 's happy Restauration humbly offering to defend the Rights and Prerogative of his Crown with their Lives and Estates and concurring with them therein Believe that when they have tired themselves with their feaverish Dreams and Fancies and are awake and shall come to themselves they will upon a more knowing and sober inquest readily find that there are more Dangers and Mischiefs like to happen by Atheists Debauchees and Latitudinarians not a few of the Sectaries and no small number of the wild headed Opinion-Mongers whose giddy Notions makes every thing that tends to their Interest or Conveniency to be Religion enough and are so near Neighbours to Popery as if not speedily prevented are like to gulf into it than there is of any Inundation of Arbitrary Power or of the Common sort of Unjesuited Popery and that Popery it self would much abate if the Atheists Latitudinarians and Debauchees and the daily Quarrellers with our Church and State Government would better regulate their Brains and not make themselves so much as they have done the Seminary Seed-Plot and Nursery of it And it may be a wonder beyond the Seven Wonders of England and more than an hundred added thereunto That by a strange Effascination so great a part of the Nation after that they might well have understood his just and happy Government all the time of his Reign had most wickedly Rebelled against His late Majesty their Soveraign vanquish'd and procured him in the hopes of Peace to deliver up unto them the remainders of his Strength and Garrisons Viz. Oxford Newark Worcester and Wallingford Imprisoned notwithstanding and hunted him to Death and brought him upon a Scaffold before his own House or Palace at White-hall to be barbarously Murthered Where he declared to the Soldiers Army Officers and Spectators after he had received the blessed Sacrament Administred unto him by the Pious and Reverend Dr. Juxon Bishop of London and performed his other Devotions Preparatory to a near approaching Death in his dying and last words which ought to be believed by all that had any thing of Humanity or were ever but Christ'ned That as to his Religion He died a Christian according to the Profession of the Church of England and found it left him by his Father That he desired the Peoples Liberty and Freedom as much as any body whosoever but he must tell them that their Liberty and Freedom consists in having of Government those Laws by which their Lives and their Goods may be most their own It is not for having share in Government that is nothing pertaining to them A Subject and a Soveraign are clear different things and therefore until they do that I mean that you do put the People in that Liberty as I say certainly they will never enjoy themselves It was for this that now I am come here if I would have given way to an Arbitrary way for to have all Laws changed according to the Power of the Sword I needed not to have come here And therefore I tell you and I pray God it be not laid to your charge that I am the Martyr of the People That in stead of a never enough to be repeated Repentance with as much satisfaction as was possible to make it available not by sowing the Seeds of another Rebellion they should be so Sottish which is more than a Frenzy or Lunacy which sometimes alloweth Intervals of understanding of c 〈…〉 g again unto themselves as not only to continue those Fears and Jealousies but to hatch new and greater Additions unto them which in most of the seduced Multitude can have no other Ground or Foundation than their Ignorance Folly and Illusion and in the lesser number of that Party their Villany Treason and a Propensity to Act ever again a second Rebellion to support them Can they read or hear that the Turks or Mahometans in their ignorance do no sooner find the least piece of Paper or any other thing with any writing upon it but fearing that it may be some note or discovery of their Sins which might be carried to God Almighty or their great Prophet Mahomet do make as Besâ—equius relateth all the hast they can to burn or destroy it And at the same time write and hire to write print publish and permit to be Cryed and Sold in the Streets Pamphlets and Books to justifie as much as they can their Perjuries Sedition Treason Rebellion and the Murther of His Majestie 's Royal Father with all manner of Invectives against the Government of Church and State do they read or hear that Athâ—ns once the glory of Learning and Wisdom is by her variety of Humours and change of Government do what the Sage Solon could now become a poor â—iâ—â—er Town under the Ottoman's boundless Arbitrary Power and Slavery and that the stout hearted Spartans without their Ephori or King-Comptrollers are now under as sad and slavish a condition and yet persist in their restless murmurings Or can they find any Reason or Justice or so much as a colour of either of them to charge an Arbitrary Power or faults of Government upon their King or Soveraign when they will so little obey his Laws and Statutes as they do all they can to contemn over-turn trample upon and change them from better to worse from the best of Monarchies to the worst of Anarchies When their King can do no more than make or ordain good and wholesom Laws which with our former Laws are as Sir Edward Coke hath said the Quintessence or best of all Laws in the World and his Subjects will not obey them or the directions and care of his
have in the making of other Laws from time to time been careful upon all occasions to erect and build to help to guard and protect their Liberties Rights and Priviledges together with the very great care which the Judges restraining all non obstantes of Acts of Parliament and Regal Dispensations unto what the Law allows or to the King 's particular Concernments do take in all their Judgments and Decisions Expositions Applications and Interpretations of Laws to assist and support the just Rights and Proprieties of the Subjects in their Lands and Estates and not in the least to prejudice them in their Common Assurances by Fines and Common Recoveries The Severity used by divers of our Kings in the Punishment of Briberies Extortions or Byassed and Illegal flattering Opinions of Judges The Oaths of the Lords and others of the King 's Privy Council who are usually the Greatest Noble and most concerned Men of Estate and Interest of the Nation Oath of the Lord Chancellor or Lord Keeper of the Great Seal of England well and truly to serve the King and his People and to do right to all manner of People according to the Law and Usages of the Realm Oaths of the Judges to do equal Law and execution of Right to all the King's Subjects rich and poor without having regard to any Person to deny no man Common Right by the King's Letters nor none other Mans nor for none other Cause Oaths of the King's Serjeants at Law well and truly to serve him and his People and as duly and hastily speed such Matters as any Man shall have against the King in the Law as they may lawfully do without delay or tarrying the Party for his lawful Process The Oaths of other Serjeants at Law well and truly to serve the King and his People and truly Counsel them Oaths of the Justices of Peace to do equal right to the Poor as to the Rich after the Laws and Customs of the Realm and Statutes thereof made Oaths of the Sheriffs to do right to Poor as well as Rich in all that belongeth to their Office to disturb no Man's Right nor to do wrong to any Man And the Oaths of the Escheators Clerks of the Chancery and Coroners with the Oaths of the Officers of Courts Under-Sheriffs and Bailiffs well and to execute Justice All which several Degrees of Men in the Nation would be as unwilling as any others to have the Lives Liberties and Estates of themselves and their Posterities or dearest Relations sacrificed to a lawless and unlimitted Power of their Kings and Princes And the Oaths of our Kings at their several Coronations to conserve the Liberties of the People and observe all the good Laws made by their Royal Progenitors and Predecessors with the Impossibility that ever the Lords and Commons in Parliament Assembled will consent to the abrogating of any of the aforesaid Laws and reasonable Customs be felones de se or deliver up themselves and their Posterities to the absolute Will and Pleasure of their Succeeding Kings and Princes may abundantly evidence how safely and securely the Property and Liberties of the People until Rebellion foolishly fancied Fears and Jealousies with their Discords distrust and plundering of one another shall put them under such another yoke as Oliver Cromwell had cheated them into may rest and are like inviolably to continue for ever protected against any the Incroachments of Arbitrary Power whilst they live under their King 's ancient Government Of which His late Majesty was so careful and so willing to dislodge all manner of Jealousies out of the Minds of his Subjects as he did in the Third year of his Reign give his Royal Assent as they call'd it unto their Petition of Right and made it an Act of Parliament wherein he not only Confirmed their Magna Charta and Charta Forestoe but the Act of Parliament assented unto by King Edward the First De Tallagio non Concedendo The Act of Parliament made in the First year of the Reign of King Edward the Third cap. 6. The Act of Parliament made in the 25 th year of the Reign of the aforesaid King That no Man should be compelled to make any Loans to the King against his will The Statutes of the 28 E. 3. ca. 3. 37 E. 3. ca. 18. 38 E. 3. ca. 9. 42 E. 3. ca. 3. 11 R. 2. ca. 9. 17 R. 2. ca. 6. and 1 R. 3. ca. 2. Charged all his Officers and Ministers to serve him according to the Laws and Statutes of the Realm as they tendered the Honour of his Majesty and the Prosperity of the Kingdom Banished as he hoped for ever all their Fears of the Infringing of their Liberties and given cause of Content to them and that Parliament to such a satiety such a fulness and nè plus ultra as unless they would have been Consortes Imperii and require to have a share in his Regality and Government there was no more to be asked or requested of him or granted by him Imprisoned shortly after in the Tower of London John Earl of Clare and the greatly Learned Selden for but having Copies in their Custody of some Florentine and Foreign Laws and Customs proposed by Sir Robert Dudley a Titular Duke of Tuscany to be imitated by him here in England as a means to raise Money by Impositions laid upon the People and caused his Attorney General to exhibit a Bill against them in the Star-Chamber for Disquieting his Subjects with Fears and Jealousies And was so ready from time to time to Condescend to their Infirmities and give Satisfaction to them in all their Concerns and Scruples as he suffered those two great Cases of the Habeas Corpus and the Ship Money wherein his necessary Prerogative for the good of himself and his People was not a little concerned to be publickly and solemnly argued in the Course and Method of the Laws in foro Contradictorio before the Judges and shewed no displeasure afterwards but much kindness unto Justice Hutton and Justice Croke who in the Case of the Ship Money had in their Arguments and Opinions delivered thereupon against him in the Exchequer Chamber dissented from all the rest and greater number of the Judges And His now Royal Majesty treading the good old Paths of Queen Elizabeth his Grandfather King James and his Royal Father doth in all Matters of difficulty in the absence of Parliaments where the Laws and Justice of the Nation are likely to be more than ordinarily concerned consult and advise with the Judges hath not long ago Superseded one of them for some harsh usage and discontent given to the Countrey in his Circuits and takes all the care he can to choose and make Judges and his Learned Council at the Law out of the most able honest experienced and eminent practisers of it and hath but lately in several of his Speeches in Parliament declared and promised that he would give his consent unto any good Laws
whereof was by his own Confession an Irish Popish Priest and by the Assistance of their over-pow'ring Army voted down suppressed and shut up the House of Peers as useless and dangerous inforced themselves into a Republick and the Nation who by the Laws of God and the King and their Oaths of Allegiance and Supremacy were bound as well as themselves to the contrary to Ingage never more to admit of a King and House of Lords and in some of their Answers to their Brethren of Scotland who urged and taxed them with some of their Promises concerning His late Majesty said that they hoped they would not make their Promises to be Obligations And in their Declaration Printed and Published to give Satisfaction to all the World that would believe them of the Reasons of their Actions and turning themselves into a Common-wealth endeavoured to assert that in all Promises a Tacite Condition and Proviso was ever to be understood as annexed unto them So always that they did not prejudice or inconvenience the Party promising And forgetting that they had prosecuted the late Earl of Strafford and caused him to be put to Death upon a pretence of his Subversion of Laws which he never did but they themselves really and frequently did Murdered their King Banished His now Majesty the Prince and the rest of his Children and used their utmost endeavors to Extirpate all the Royal Progeny scorned and abused the Laws tumbled tossed and ploughed up the Liberties Proprieties and Estates of the Loyal Party and made some Ignotos and invisible they themselves never knew and who were less to be understood than King Oberon and his Fairy Queen to be stiled the Keepers of the Liberties of England voted the Courts of Chancery King's-Bench Common Pleas and Exchequer to be dissolved and ordered the Records thereof to be destroyed and thrown into the River of Thames and were not all that while in dread of any Arbitrary Power and a Standing Army when to the great Charge of the People they could not think themselves safe without it But tamely suffered Oliver Cromwel their Man of Sin and greatest of Hypocrites to put a trick upon them and teach them the Truth and Doctrine of Divine Retalliation by dissolving the Reliques of the over-long Parliament pulling out the remaining Members with Soldiers and Musquettiers and shutting up the Doors of that House of Commons and could for the Preservation of their ill-gotten Estates like Isachar bow down unto the burden and be well content to believe it to be no violation of the Privileges of Parliament no Arbitrary Power or Introduction to it nor any Destruction of the Liberties of the People and suffer him upon the 16 th of December 1653. in the presence of the Commanders and Officers of his Army attended by the miscalled Lords Commissioners of the pretended great Seal of England Lord Mayor and Aldermen of the City of London divers of the over awed Judges of the Land and many other Persons said to be of Quality to declare himself by an Instrument in Writing of his own framing Protector of the Common-wealth of England Scotland and Ireland Disannul and Abrogate the antient form of Parliaments constitute a New and Ordain that the Persons Elected to be Members for ever afterwards should be approved by the major part of his Council and the succeeding Protectors who were most of them Major Generals and Commanders in his Standing Army of Oppressors That an yearly Revenue should be raised settled and established for the maintaining of Ten Thousand Horse and Dragoons and Twenty Thousand Foot in England Scotland and Ireland for the Defence and Security thereof and a Convenient Number of Ships for guarding of the Seas besides Two hundred thousand Pounds per Annum for defraying the other necessary Charges and Expences of the Government Which Revenues were to be raised by the Customs and such other ways and means as should be agreed upon by him and his Council That the Lands Tenements Rents Royalties Jurisdictions and Hereditaments which remained unsold and undisposed by Acts or Ordinances of Parliament belonging to the Common-Wealth except the Forests and Chases and the Honors and Mannors appertaining thereunto the Lands of the Rebels in Ireland and the four Counties of Dublin Cork Kildare and Caterlaugh the Lands forfeited by the People of Scotland in the late Wars and the Lands of Papists and Delinquents in England who had not then Compounded should together with the Debts Fines Issues Amerciaments Penalties and Profits certain and casual due to the Keepers of the Liberties of England by Authority of Parliament be vested in the Lord Protector and his Successors Lord Protectors of the aforesaid Nations not to be aliened but by consent of Parliament which made him no less an yearly Revenue as some of his own Party did calculate it then Eighteen hundred Thousand Pounds sterling per Annum That for the preventing of Disorders and Dangers which might fall out both at Sea and Land he should have Power until the meeting of the first Parliament which was to be once in every Three years to raise Money for the purposes aforesaid And to make Laws and Ordinances for the Peace and welfare of these Nations which should be binding and in force until order should be taken in Parliament concerning the same That the exercise of the Chief Magistrate and the Administration of the Government over the said Countries and Dominions should be in the Lord Protector assisted with a Council not exceeding Twenty one or less than Thirteen That he should in the Intervals of Parliament dispose and order the Militia and Forces of the Three Nations for the Peace and good thereof with the advice and consent of the major part of his Council That the Number of 60 Elected and chosen or approved as aforesaid being easie enough to be tempted by Preferment or over-awed by a standing Army should be deemed a Parliament for the Three Kingdoms of England Scotland and Ireland That he and every successive Lord Protector should take an Oath that he would not Violate or Infringe the matters and things contained in that Instrument of Government And when afterwards to prevent the Juries Scruples of Conscience and unwillingness to give their Verdicts against the Law and the King 's Loyal Party as he would have them erected in Westminster-Hall his High Court of Justice or Shambles as some of the People not unfitly termed it adorned with Red and Blood-demonstrating Colours to Try and Condemn such Innocent Persons as he should call Offenders not according to the Law but the unbounded rules of his vulgar Reason of State guided by a standing Army of 30000 Horse and Foot baffled and disgraced the Laws and reasonable Customs of England maimed and cut off as much as he could of it as Adonizedek did the Thumbs and Toes of his Captive Kings altered and destroyed all he could the form and rationality of the Proceedings thereof and caused the Writs and
of any of their Kings and Princes at once with an Addition afterwards of another Pardon or Abolition of a lesser size for Offences and Forfeitures since committed and did not only restore unto all the Cities Boroughs and Corporations of England and Wales their forfeited Charters Privileges and Liberties but enlarged and gave unto many of them more than they had before And was so unwilling to Punish those that had done him and his Royal Father Mother Brothers Sisters those almost impossible to be forgotten or forgiven most execrable Villanies as he not only Pardoned but gave them profitable Employments who to their shame cozened him all they could and moulded themselves into a Faction of Repeating as many Impieties as they had been guilty of before and was so over Clement and forgiving as he imployed and did not Punish one that was proved to have said after His Majestie 's escape from the Battel of Worcester That if he had been taken he ought to have been stripped stark Naked led through the Streets with a Bridle thrust through an hole bored in his Nose Whipped at a Carts tail and afterwards Hanged Are not to be very angry or take it ill if they be charged with Partiality or Injustice or as great a Reproach as our Blessed Saviour bestowed upon the over-quick-sighted fault-finding Pharisee who could espy a mote as he thought in another's eye but not see a beam in his own but rather retire into themselves and upon a more strict Examination of their past evil Actions abhor themselves in dust and ashes cover their heads with shame weep repent and resolve to walk retrograde and persist no more in the gain-saying of Corah Datham and Abiram wherein they perished When they who would make every body as much afraid as they themselves do seem to fear an Inclination in His Majesty to an Arbitrary Power which he never did or is willing to exercise can almost every day joyn with others in Complaints of the no few of the Subordinate Magistrates usurping it against the mind and direction of the King and his Laws over their fellow Subjects by their Irregular courses Condemning and many times Imprisoning without Jury Trial legal Hearing or Proceedings And easily discern an yearly Custom of an illegally over-strained Power in the Lord Maiors of London Electing and Drinking unto many or more than needs in the Choice of two to be Sheriffs of London and Middlesex for the ensuing year and imposing and taking great Fines of the Refusers unto whom he needed not to have Drank whereby to gain some Thousands of Pounds yearly for the Fines of such as were unwilling or unfit to bear the Charge or Expence of those Offices and Imprison and Constrain them to pay them which are seldom less than 4 or 500 l. upon every such Refuser As if some fatal and successive Annual or fit of Thirst or kind Drinking was at a certain Time of every year to fall upon the Lord Maiors of that City to Drink more often and unto more than he should do And they that shall happen to be so imposed upon are sure to be out of hopes of getting themselves discharged of Imprisonment for not paying the Fine by Writs of Habeas Corpus and Bail which if the King should do every year in the Choice of Three presented unto him to serve as Sheriffs in all other Counties and Places of England and Wales no other City or Place therein making use of such a kind and loving Device to raise Moneys the Habeas Corpora Bells would Ring in all the Courts of Justice in Westminster-Hall and His Majesty would be troubled with the noise thereof And no small Arbitrary Power in their Courts of Orphants in London by Imprisoning a young Man in Newgate without Bail or Mainprise that had lawfully Married a City Orphant and his Father in like manner for contriving it And we may often hear and observe in the Guilds Fraternities and Companies of Trade and their Mysteries in the City of London an almost unbounded over absolute Power in their By-Laws which should be perused as it is more than a little probable they are not or but very seldom or cursorily by the Lord Chancellor or Lord Keeper of the Great Seal of England Lord Treasurer and the two Lord Chief Justices and allowed by them or any three of them to be according to the Law together with their giving of unlawful Oaths imposing of Taxes Quarteridges or Fines and Assessements as they please upon the Poorer sort of the Companies of Trades supernumerating their Livery Men in their Companies in making them to be twice as many as they were wont to be and inforcing them to Pay 20 or 25 l. a Man and be at the Charge of a reverend Gown faced with Furrs of Foynes or Budge and Imprison Men for not obeying them and their grinding superfluous Orders The Exactions and Arbitrary Power of the Church-Officers in the City of London and its overgrown Suburb Parishes in the Renting of Pews and Seats in the Churches making Strangers pay great and double Fees for Tolling the Passing Bell and Ringing of a Peal when there was no such Matters taking great Fees for Burying of the Dead in the Church or Chancel near an Husband Wife Father or Mother Brother or Sister where before they have lain there a quarter of a year or a little time they are sure to be taken up again and flung into a Common Vault to lodge amongst those that were Buried far cheaper conniving at or permitting the Parish Clerks Sextons or Grave-makers to sell the broken and sometimes pillaged Coffins of the Dead to be made fewel for fire or Bake-houses cozening the Living and Dead feasting and fatning themselves upon every small Consultation and Parish meeting for the good as they call it or little Business of the Parish as for the putting out a Bastard or Foundling or poor Parish Child to a Beggar to beg with and trouble the Streets withal at a low weekly rate and take the advantage to themselves of reckoning by a greater which have been the cause of such short Memories in Parish Politicks and Governments as the Accompt of a Legacy of Three hundred Pounds per Annum as they may be now demised in Houses and Tenements in a London Suburb Parish for as many hundred years ago for the Building of the Church yet standing upon its old Ruins is so vanished as it is not at all to be found and a royal Charity of One hundred and Twenty pounds given in the year 1625. by King Charles the Martyr in a Time of Pestilence could never be heard of and the Church wardens or Collectors of a near London Parish have been so over-watched for the good of the Parish and thereby rendred so sleepy or Lethargick as they could not good People as they would be thought to be tell which way One Thousand or Two Thousand pounds have escaped out of the Accompt and the fault
Coal and Hops be never so cheap or Ale the best must be taken off and the remainder being only water half boiled flung upon the strengthless grains is sent and served to the House-keeper for 6 s. Beer with the Excise laid upon it and made to be a Drink not fit to give Beasts quickly stinking and souring and by the Opinion of the London Physitians is a great if not an only cause of the Epidemick and now more than formerly Infection or Disease called the Scurvy not so much as heretofore taken notice of in the Bills of Mortality and that Beer though always over-hopped and imbittered to supply the want of Mault the People are constrained to be content with and if they will have it better are to pay Eight shillings a Barrel besides the Excise for that which should be but Six All which or a great part of it might by the Justice and Laws of the Nation be redressed if the Vintners who by a late Trick of glass Bottles now used in most Taverns bespoken and made to be but or not so much as a Pint and an half instead of a Quart and their elder Brethren the Brewers were but put in mind as they ought to be of the Statute entituled Assisa panis Cervisiae made in the 51 year of the Reign of King Henry the Third And another Statute made by that King in the same year called the Statute of the Pillory and Tumbrell both yet in force and unrepealed whereby the Offenders Vintners Brewers and Bakers are to be presented and amerced and for every default the Baker is to be adjudged to the Pillory and the Brewer and Vintner to the Tumbrell which was as it were in a Ducking-Stool now sometimes used over cleaner waters and applied to notorious Scolding and unquiet Women hanging over some muddy and unwholesome water being the Punishment of the Fossa or stinking Pits appropriate by the Grants of divers of our Kings to the Lords or Owners of great Mannors or Liberties having Assisas panis Cervisiae Which ill doings of the Brewers in their unconscionable and unchristian-like Arbitrary Power exercised as far as it can be stretched upon their fellow Subjects are imitated by the Alehouse keepers the Inferior and Retailing Masters of the Tap who would never have it be said or proved that they come short of their Founders great Abilities in the Arts or Knaveries of the Drink Profession or any of their Subtilties or Exactions And therefore to make it go with a double at the least rate or price or much more than it should be have to cheat and cozen the People in to an idle and ridiculous Expence devised several Names for Drinks as they shall please to call them though there be little or nothing of the supposed Ingredients in them as Cock Ale College Ale China Ale Scurvygrass Ale Lymmon or Orange Beer or Ale Hull Ale Northdown Ale Sambach Ale Doctor Butler's Ale cum multis alâ—â—s For which Adoptions sundry of those Promoters of Drunkenness do think they shall serve the Devil for nothing if they be not paid a double or greater rate and by that means and those measures make a shift to clear Four Pounds a Week and put it to griping Usury and in a short time make themselves the Owners of 3 or 400 l. per Annum and some of them 7 or 800 l. per 〈◊〉 And in their Ale-honesty can take no less in the Suburbs of London than a Peny for a Pint of Ale when in Southwark on the other side of the Thames better Brewed and made can be sold for an Half-Peny a Pint. The Woodmongers or Colliers can leap over all our Laws as they list and by Confederacy keep back the Collier New Castle Fleet and make them tarry in the lower part of the River of Thames and send up to London some stragling Cole-Ships to scarce and enhaunce the price of Coles insomuch as until His Majesty after many Complaints and a tired Patience had taken away their Charter they would at every extraordinary Frost or winterly weather never fail to raise the rates of Sea Coles in the space of a few Days or less than a Week unto 5 10 or 20 s. at a time and sometimes as high as 3 or 4 l. a Chaldron to the great Affliction and Impoverishment of the poorer sort of People when they might as they have done since the taking away of their Charter have afforded a Chaldron of Coles with gain enough under 20 s. a Chaldron Neither need we to have any Jury or Inquest impannelled in the search of an Arbitrary Power daily made use of in the City of London and Suburbs thereof by the People over one another the mighty over the weak and the rich over the poor And the Usurer and man of Money when he takes as much above the legal Interest for the loan of his Money as the necessities of the distressed Borrowers can perswade him unto and upon the Severity of an Execution or a forfeited Mortgage of Lands double or treble in value to the Money lent looks as Nebuchadonozer overlook'd his Babylon walks about like a Mogul or some unlimited Monarch of the East and as pittiless to the Supplication of the lamenting supplicant Borrower and the tears of his Wife and Children as the Hunger-bitten Woolf is with the Lamb under his bloody Paws and Fangs In company of whom do march the insinuating Imp of the Devil called the Tallyman with his closer and more Consumptive secretly biting Usury lending Eighteen Shillings to Market-Men and Women Heglers c. Such as cry necessary Food in the Streets instead of 20 s. upon the Tally and their own Security at the interest and rate of 12 d. duely paid every Week although continued at that pace a year together being a cunning piece of Usury far exceeding that of the Jews who in the Reign of our King Richard the First were by the Common People Massacred and the Caursini the Pope's Brokers banish'd by King Henry the Third for much gentler Usuries followed by that of the lesser Pinching Money Improvers who will lend 10 l. for no longer than a Month and at that or every Months end call fiercely to have it paid in to beget the former or a greater Brocage When all the Trades of London and Westminster and their largely overbuilt Suburbs can by an unreasonable and Arbitrary Power to maintain their unfitting Pride and Luxury impose and put what price they please upon their Work and Commodities and not a few do upon every occasion or opportunity of their interest and advantage break and run over our Magna Charta and other the Laws and Statutes of the Kingdom And when they trust their Customers without which there would be little or no Trade do when such Buyers dream nothing of it clap an hard interest into the price and if need be in writing over their Books again make where it may be undiscernable an addition unto it