Selected quad for the lemma: law_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	common_a	custom_n	england_n	4,600	5	6.7483	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96507	Truths triumph, or Treachery anatomized, being an impartiall discovery of the false, and treacherous information of M. Masterson, pretended minister of Christ at Shoreditch, against L.C.J. Lilburne, and I. Wildman, at the Lords Barre, January 18. 1647. concerning a meeting of severall honest men, in East Smithfield, Ian. 17. &c. In relation to which information, the said L.C. Lilburne stands committed to the Tower, and J. Wildman to the Fleet. With a true narrative of all the passages and discourses that passed at the said meeting, / as it was delivered at the Bar of the House of Commons, by J. Wildman, Ian. 19. 1647. Iohn VVildman.	Wildman, John, Sir, 1621?-1693.	1648 (1648)	Wing W2173; Thomason E520_33; ESTC R206186	24,304	20

from me upon that ground only and hereupon I desired on Thursday the 20 of Ian. onely somuch favour as to be heard speake for my selfe in this particular Secondly Suppose a crime had been objected against me yet the warrant for my commitment was wholly illegall Let me not be mistaken as if I intended to bound the power and jurisdiction of Parliament any further then common equity and reason limits them which is naturally implied and supposed to be a Law to Legislators even from that annallogy which all bodys politick hold with the naturall whence all governours and governments borrow a proportionable respect hence I conceive that an act of parliament against common right or reason or repugnant or impossible to be performed is null and voyd in it selfe as supposing an act of Parliament should be made to constitute a man judge in his own case it were voyd in it selfe and I judge this to be the ground of executing that exemplary justice upon Empson and Dudley for putting in execution that Act of Parliament in the 11 of Hen. 7. C. 3. that Act of Parliament was against common equity and reason the words are these be it enacted that the Iustices of the Assizes and Iustices of the peace upon information for the King before them to be made have full power and Authority by their descretion to heare and determine all offences and contempts c. g See Cookes Instit 4. part pag. 40. First here the Iustices were authorised to proceed upon information without any indictment second to judge by their discretion and not according to the Law and custome of England as all proceedings ought to be now this being against common right and reason the Act was null and voyd in it selfe and Empson and Dudley Iustices died justly for what they did according to this Act as though there had been no such Act. Neverthelesse I conceive the maxime that this Parliament declared in their Remonstranee of May 26. 1642 book decl p. 281. stands impregnable viz. that those which shall guide themselves by the judgement of Parliament ought whatsoever happen to be secure and free from all account and penaltys but it is naturally and necessarily supposed that the judgement of Parliament cannot be against common equity or reason as when the Law made it petty treason for a servant to kill his master it was not made such a hanious crime for a child to kill his father the reason was because the Law supposed it to be a thing so abhorred of nature that such a fact would never be committed and likewise it s not to be supposed that the judgement of Parliament should be contrary to common reason or equity and therefore such limitations are not expressed in any maximes relating to the power of Parliaments yet they are necessarily implied but I beleeve the freedomes of this Nation will never be secure untill the extent of the power and trust of the peoples representatives and the peoples reservations to themselves be clearely declared This I speake in referrence to their legislative power of which onely I conceive that maxime in the Law concerning the Parliament is to be understood viz. Leges latent in ●ectoribus the Laws are hidden in the Parliaments brests But as to the Parliaments power in executing Lawes upon such offenders as do properly and originally come under their cognizance in my humble opinion they are obliged to proceed in the legall and ordinary way of putting the Lawes in execution this Sr. Edw. Cooke 4 part instit p. 3● expressely affirmes saith he Where by order of Law a man cannot be ●●tainted of high treason unlesse the offence be in Law high treason he ought not to be attainted by generall words of high treason by authority of Parliament but the high treason ought to be specially expressed And when King Hen. eight enquired of the chiefe Iustices whether a man that was h See Cooke instit 4. part 137. forth coming ought to be attained of high treason by Parliament and never called to his answere the Iudges answered that the high Court of Parliament ought to give examples to inferiour Courts in proceeding according to Iustice no inferiour Court could doe the like Let their judgement be duly observed they said no inferiour Court could so proceed and therefore muchlesse the Parliament who ought so to observe the Laws and rules of justice as to be patternes of justice to other Courts and the rather because from them there is no appeale so that the argument is a minor ad majus Indeed the high Court of Parliament hath a power of declaring the Law in particular cases before them and they say they have not claimed it nor exercised it otherwise to be obligatory as a Judiciall declaration of the Law i See the Parlm Rem of May 26 1 part book de p. 721. but observe this power is to be exercised about Lawes which may be taken by way of consequence equity or construction not about penall declarative Lawes such must be taken by the letter onely otherwise they should implie a contradiction to themselves and be no more declarative Lawes but Lawes of construction or constitutive so that this their judiciall power in declaring Laws exempts them not from an obligation to proceed according to Law in executing any penall declarative Lawes such as are the Lawes against treason c. But the Parliaments Legislative power hath its exercise in this case they may repeale any penall declarative Law or enact any new Law declaring what shall be treason or petty treason c. But every supposed offender ought to injoye the benefit of any Law which was unrepealed at the time of his supposed offence neither can any Law enacted after the imagined crime of any man be the rule by which such a criminall person shall be tried or judged Rom. 4. the script saith expressely Where there is no law there is no transgression and I may say further where the Law is not declared it bindes not nor can any man justly suffer any punishment for the breach of such a law It s a knowne maxime of the Law de non existontibus et non apparentibus eadem est ratio there is no difference between Lawes not made and Lawes not declared and therefore of old all the Acts made by any Parliament were by the Sheriffe of every County of England Proclaimed and published in all places through his Bayliwick and the Kings writt issued forth to every Sheriffe to that purpose k See Cooks instit 4 par c. 1 p 16 Now I conceive I may conclude that the Parliament ought to proceed in the ordinary legall way of executing at least the penall lawes and if it were otherwise their were no law in England during the seting of Parliaments for if the Lawes which bind to such and such manner of ●roceedings be not obligatory to the Parliament then no other Laws which declares offences and the penalty of

assented and accorded for the good governance of the Commons that no man be put to answer without presentment before Justices or matter of Record or by due processe and writ originall according to the old Law of the land And the Statute of 25. Ed. 3. 64. saith That no man shall be taken by Petition or suggestion made to the King or his Councell and the Parliament is his grand Councell unlesse it be by indictment or presentment of his 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 See the Stat. of 37. of Ed. 3. c. 18. and Petition of Right Now to proceed I further added these words or the like Mr. Speaker I was borne in England and the Lawes and Liberties of the Nation are my Birth-right and I am so tender of those Liberties that I cannot I dare not in conscience so farre betray them as to return answer to this Informer Yet I owe so much respect to this honourable House that if you shall please to give me freedome of speech and audience I shall ingeniously and impartially relate the matter of the discourse which passed at the meeting on Ian. 17. for which I am accused with all the circumstances to the best of my remembrances Hereupon Mr. Speaker commanded me to withdraw and the House debated whether I should be heard and within half an houre I was called in againe to the Barre and Mr. Speaker said thus Mr. Wildman I am to tell you that the House commands you to return answer to what Mr. Masterson hath said unto whom I answered thus Mr. Speaker I cannot I dare not betray my liberty in answering to this Informer upon the reasons which I have rendred yet if this honourable House please I shall make a perfect relation of the businesse in question and not being interrupted I proceeded thus Mr. Speaker it is truth I was at the meeting in East-Smithfield on Monday last and as I was informed the principall occasion was to satisfie some which were not maliciously but conscientiously scruplous whether they should any more petition this Honourable House the reason which was rendred was that they had wearied themselves with petitioning and notwithstanding they had purchased their freedom with their blood yet all their endeavours were fruitlesse and their persons imprisoned and abused for petitioning and sometimes their Petitions burned These scruples I endeavoured to answer first I undertook to prove that it was their duty to imploy all their power toward setling the freedomes of the Nation whosoever said I improves not his power to preserve that outward happinesse which God hath in mercy given him he rejects and dispises the goodnesse of God toward him Now a mans libertie is a speciall part of mans earthly happinesse and therefore it s every mans duty to endeavour to his utmost to secure and setle his native freedomes otherwise all the miseries which ensue to any man by the loss or want of his native liberty is brought upon himself and it may be iustly said to such you have destroyed your selves Yet further said I its the command of God that every man should seek the good of his neighbour and consequently much more the good of the Nation It s the essentiall property of the blessed God to communicate of his goodnesse universally and no man shewes forth any lustre of the image of God in him unlesse it be by doing good and it s made the Character of a man of worth or excellency or a man approved of God that he served God in his generation and so it s said of Cornelius he was a good man that is an usefull man in the age wherein he lived And further said I hath not God commanded us to relieve and help our neighbours oxen or Asses in any distresse or being sunk down under any burthen and doth he not much more command us to endeavour the reliefe of the people of our Nation whose backs are bowed down under their heavie burthens and wherefore said I have God united people into a body or society or Nation is' t not for this that every one should be helpfull each to other and endeavour one anothers good mutually and if one person may sit still and suspend all endeavours for the settlement of the Nation by the same reason another and another may be wholly negligent also and so throughout the Nation Further I endeavoured to convince them that it was their duty in this juncture of time Now said I the greatest and most portentuous evill which threatens sudden destruction to the Nation is the divisions and distractions which daily increase and abound And it s the unquestionable duty of every man to seek for peace and union if it be possible with every man now it is not possible to effect or procure an union in the Nation without clearing and securing its freedomes wherefore said J have we contended each with other neer seaven years Is it not for justice and freedom Hath not the Kings Partizens pretended that they fought for their lawes and liberties both parties have made the violation of those the seeming ground of their quarrell and the securing those the only price of their blood therfore it s impossible there should be union unlesse you discover even to your opposers in particular what those freedomes and what those rules of common iustice are for which you have contended Doubtlesse said I its the ignorance or misunderstanding of one another that hath made the contention so bloody if your opposers did understand that what you desire is as much for their freedome as your own and that they should inioy as great an influence of good as your selves from those principles of freedome which you desire should be established that bitternesse malice and hatred which burnes now in their hearts against you would then cease what hath been their cry said I bnt this that you know not what you would have therefore if all of us would desire friendly loving meetings with our neighbours and say to them here is that which we account the price of our blood the bottome of our desires had we but this we should never accoun● any thing more worth blood or the ingaging in a new warre I beseech you friends consider whether those our desires concern not you and your Posterities as much as it concernes us Let us consider it in love if this were done I said I was confident our sad distractions would soone cease And here I added that I judged it the wisedome of those whosoever they were that drew the large Petition that they inserted no such particular grievances as might disingage any considerable partie and so continue our distractions For instance Tythes are by many conceived to be a heavie burthen yet the removall of them is not desired in the large Petition because a considerable partie in the Kingdome hath much particular interest

in them and the removall of such a particular grievance is not worth blood or the hazzarding of a warre by continuing our divisions Unto this J added present necessitie did now call upon every man to stirre up all his strength in endeavouring such an union of the people in the principles of common right and freedom I told them that they felt by sad experience that trading was decayed and the price of food so excessive that it would even rend any pittifull heart to heare and see the cryes and teares of the poore who professe they are almost readie to famish and while our divisions continue and there be no settlement of the principles of freedome and iustice trading will but more decay every day Rumours and feares of Warre and the Army comming now into the City makes M●rchants unwilling to trust their goods in the City and exchange beyond sea falles and there will be no importing of goods and then there will be no exporting and so the staple commodities of the Kingdome which maintaines the constant trade will not tend to the advantage of the labourers and then most of the poore in the Kingdom which live by spinning carding c. will be ready to perish by famine Upon this occasion I told them what I heard at my Inn at the Sarrazens head in Friday street viz. that some Clothiers of Wiltshire came in who professed that trading was so dead that some of them who set at work formerly a 100. did not now set at work above a dozen or the like and that the poor did gather together in troops of 10. 20. 30. in the Roades and seized upon Corne as it was carrying to market and devided it among themselves before the owners faces telling them they could not starve and hereupon J inserted that in probabilitie a suddain confusion would follow if a speedie settlement were not procured But J further told them that J conceived no other probable way of preventing a new warre with the Scots and other forraigners but by uniting the people in the principles of common right and freedome wherein all are equally concerned and J said I believed it was intended that the large Petition should be sent into all parts of the Kingdome that if it be possible all might joyn in those desires And if God should be so propitious to this Nation then the Scots would dispaire of any Partizens or assistants amongst us and so would be more catious in adventuring to ingage in warre against us Now having thus convinced them of the necessity and their duty to put forth their utmost vigor in endeavouring the settlement of their freedomes I also attempted to demonstrate to them that there was no legall iustifiable way wherein they could seek for their freedomes or redresse of their common grievances but by petitioning this honourable House I told them there was no other visible Authority to whom they could seek or which is intrusted by the people with power to redresse their grievances or to make or repeale Lawes for the vindication clearing and securing their native rights and liberties and therefore their interest was involved and bound up in the interest of this house and though some Members of this House did not as we feared so intend pnblique good as we could wish yet if this visible authority was not supported and preserved from contempt a generall confusion would follow and the nation be laid wast desolate and by these or words to this effect the scruples were cleared After this there was occasion offered accidentally to discourse of the Lords Legislative or lawgiving power both of the rights and of the mischieses which have ensued upon their exercise of it and there I spake my opinion I told them I conceived they had no legall right to such a co-ordinate power in making Lawes with this Honourable House and I induced for a proof the Declaration of this House wherein you have given us a transcription of the Kings Oath out of the Records and averre that the King is sworn to passe and confirme by his authority such lawes as the people shall chuse * See their Rem of May 26. 1642. book decl pag. 712. 713. It was but a formality that lawes have bin carried to the King for his assent for it was wont usually to be done the last day of the Parl. and so his passing the Bills or lawes dissolved the Parl. and therfore observe when the King passed any Bill since this Parl. there is a proviso in the Act that the passing that Bill shall not dissolve the present session of Parl. See a little book of the manner of holding parl pag. 54 55. See the Arm. decl of Iune 14. 1647 book decl pag. 43. or as in the old translation the folkes or Commons shall chuse whereby the Lords are totally excluded from any interest in or right to the Legislative power seeing they neither professe themselves to be Commoners personally or to represent the Commons And thence J inferred that it was further evident from that Oath that the King himself had no right to the Law-making power for this Honourable House hath asserted and proved that he hath no legall power to dissent from the laws that you make then its irrational to imagine that there need be any assent or that it should be of any validity and hence J concluded that there was no colour of the Lords right to that power They are created Lords solely by the Kings will and sit by vertue of his pattent and the King himself being not intrusted with any share in that supream lawgiving power his pattents cannot invest the Lords with that power or trust And I yet further added that the law giving power is arbitrary in its own nature and to estate an arbitrary power in any whatsoever during life is inconsistent with freedome and with a iust government of a people by written lawes and renders any * State wheresoever it is no other then a Tyranny and the people no better then Vassalls but much more is it incompatible with a shadow of freedome to have such an arbitrary power discend in any Line from Generation to Generation forever Yea I told them that I conceived this was contrary to the common light of nature the very end of Government and the expresse words of the Scripture It s said Rom. 13. 4. That the Magistrate is the Minister of God for good now that implyes that persons which are intrusted with such power ought to be so qualified and accomplished that they may be sutable to exercise and improve their power for good otherwise the very end of Government is subverted Now how is it possible that there should be any assurance that a father furnished and compleated with all excellencys shall have an heire indowed with the least abilitie or capacitie of governing what 's more common then that the wisest Salomon may have an unworthy Rehoboam for his successour no man can promise that

the Lords Sons shall have either so much wisedom or honesty as to be fi● Subjects of any power much lesse of that supream trust of the Lawgiving power And as to the evills that have ensued upon the Lords exercise of that Law giving power I spake my opinion as freely I told them that in reason their claim to that power was the occasion of all the innocent blood that hath been split in England Jf the Ordinance in Feb. 1642. for setling the Militia of the kingdome had been put in execution when it was first sent up to the Lords for their concurrence the King could never have raised an Army but their assuming to themselves a power co-ordinate with this Honourable House and then refusing when this Honourable House sent againe and againe and againe to passe that Ordinance thes etheir delayes and preventions of setling the Militia gave both time and opportunity to the King to raise an Army and then this Honourable House was compelled for the peoples defence to raise an Armie also and ingage in war I might have added that the Lords did never then consent to that Ordinance untill See 1 part book Decl. pag. 364 548. Mr. Hollis demanded in a manner the names of those Lords at the barre which would not concurre and desired that those Lords which would joyne with the Commons to save the Kingdome would take some course to discover themselves and also shewed them a Petition to the Commons desiring that such Lords would sit and vote with them as one intire c Body But this I did adde that we had most sad experience now of late of the dangerous consequence of their claime to that Power they exposed the Kingdome againe to Bloud and Confusion by delaying so long to passe those gallant Votes of this Honourable house against the King by that meanes the people which are discontented at those Votes have time to ruminate and chew upon their discontents and the fire of their displeasure hath time to kindle and no man knowes into what flames it may breake forth and therefore I conceive there is no possible meanes to preserve the Nation from ruine unlesse there be speedy acting and proceedings according to the good beginnings of this Honourable House Some other discourse happened accidentally about the reasons of that suddaine Change which appeared in Lieut. Generall Cromwell and Commissary Generall Ireton that they now declare against any addresses to be made to the King or received from him whereas they have pleaded That they were engaged to preserve the Kings person and establish him in his just Power Hereupon a story was related by a Gentleman at the Meeting to which I was an auditor he said he had credible information that a gallant honest Gentleman of the House of Commons whose father was a Knight had certaine intelligence That the King had promised Lieutenant Generall Cromwell to give a blue Ribband and a George and make him Earle of Essex And that Commissary Ireton should be either Field-Marshall or some such great Officer in Ireland and that his owne Son should be Bod-chamber man to the Prince And hereupon his Spirit was so moved that hee resolved he would rather become another Felton to Cromwell then suffer his Country to be betrayed and all honest men destroyed And that he had prepared himselfe with Pistoll and Dagger for that purpose onely hee revealed his mind to another Member of the Commons House which disswaded him from attempting the execution of his purpose and that Lieutenant Generall Cromwell had intelligence of this and presently a Fast or day of Humiliation was called and so the great change ensued After this I spake my thoughts to this effect That I knew not what influence any such Circumstances might have upon the spirit of Lieutenant Generall Cromwell but I rather conceived that the change was upon this occasion viz. That the Presbyterian Scots considering that Lieutenant Generall Cromwell was no friend to them and that the King was possessed with deadly hatred against them and having intelligence that the King relyed upon the Lieutenant Generall to make his termes for him with this Honourable house and well weighing the danger to which they were exposed by two such potent Enemies or rather one such impla●able opposer backed with a potent Army were inforced in respect to their owne preservation to attempt the breaking of that designe and prevent the Kings comming in upon the Armies or Lieutenant Generall his interest thereupon though they were no reall Friends to the Kings negative voyce or to his pretended right to the Militia and would not allow the King in their owne Kingdome a negative voyce to their Lawes in the least Punctilio nor the least shadow of Power in disposing of their Militia yet a necessity was upon them to out-bid Lieutenant Gen. Cromwell and to offer both a Negative voyce and a Militia to the King in this Kingdome That so the King might be induced to cast himselfe upon them and presume to come in upon their interest hereupon the King as hee said at Ouburne accepted his best bargaine and tooke their proffer who bad most for him and then the tenders of the Lieutenant Generall being rejected hee was necessitated to ingage with this Honourable house in those Votes that there should neither any addresses be made further to him nor any received from him And when I consider how zealously Commissary Generall Ireton hath formerly endeavoured the renewing addresses unto the King and that there should be another manner of addresse made to him then was by the Proposions sent to Newcastle and when hee was reflected upon by some of the Generall Councell at Putney as having occasioned the sence of the Army to be misrepresented to this Honourable house viz. That it desired a new addresse to be made to the King hee professed that if he did not thinke it to be the sence of the Army hee would loath and abhorre the Army and detest to continue with them for a day When I consider these things and mind that the same Gentleman should be the first or second man in this Honourable house which should move that no more addresses should be made to or received from the King I cannot imagine that this so great a turne should be upon any other then a private interest After this one at the meeting moved a Question viz. Whether it be not needfull to frame something speedily to present to the Parliament to incourage them to proceed according to those good Votes against the King late passed the rather because the large Petition will be a long time before it be presented Unto this I answered That I conceived the large Petition contained those Principles upon which this Honourable house must proceed in case those late Votes be prosecuted and doubtlesse that Petition is knowne to be abroad by every active Member of this Honourable house and in case the people shall freely joyne in that Petition it will more

strengthen their hands in their effectuall proceedings according to the late Votes then any Paper subscribed onely with Three or foure or 5000 Men. Some other contingent discourse passed and something like to that which this Informer falsly averres to be spoken by me was spoken by another Gentleman in the meeting viz. He said that some which were neere to some Lords had beene that day with me and toled me that some Lords were willing that their Legislative Power which they exercise should not discend to their Posterities as an inheritance that they could freely part with their Priviledge or Freedome from Arests and be subject to the Law to be compelled as others may in case of default to pay their * This was the only thing which Mr. Masterson informed against me to my face at the house of Common● Barre which if it were true were no crime yet the thing is false as to me being not spoken by me Debts One passage more J remember I heard from some in the meeting viz. That the large Petition did cost money for the Printing and whosoever pleased might contribute either Two-pence 6. d. or 12. d. toward the charges that were incident to Printing and dispersing This is the summe and effect of what I spake at the House of Commons barre and I could not then remember any other materiall passage in discourse or any other considerable circumstance at the meeting yet by recollecting my thoughts I remember a passage or two more viz. One at the meeting inquired of L. Colonel Lilburne whether there was any truth in the rumour that the Lords had sent to him to offer him 3000. l. to desist the promotion of the c This qu● the informer changed to an affirmation with a large addition averring that L. C. Lilburne should say that the Lords had offered him 3000 pounds to desist frō promoting the large Petition large Petition but Lieut. Colonel Lilburne answered That it was a false groundlesse report neither did hee imagine what should be the originall or occasion of that rumour unlesse it were this That a Lord sent to him in relation to his particular businesse to tell him that he conceived hee suffered much want and hardship by the Lords and that he could not but be reduced to a necessitous condition by his Imprisonment and therefore he had a considerable token for him if hee thought it would be accepted as love and not dispised to this said he I answered that any favour could not but be an ingagement to an ingenious spirit to serve the Donor and that hee would not be ingaged to any Pattentee Lord who claimed a right to the Law-giving Power by vertue of a Patent from the King but if that Lord would reject his Patentee Lordship and be content to be chosen by his Country as a Knight of the Shire hee should then accept the smallest token of his Love if it were but five shillings One thing more comes to my mind viz. Lieut. Colonel Lilburne speaking of the necessity of uniting all sorts of people in the Principles of Freedome which are of common concernment and that hee conceived there was no other possible way to prevent confusion he added that if God should not suffer it to be prevented yet in a generall confusion hee was confident that those who should be knowne to have promoted the Large Petition which equally concerned the good of all men should be more safe then hee that should weare a blew Ribband in his f This I heare the Informer turned thus that L. C. Lilburne should say That hee intended to raise the People and that his friends should have the Large Petition in their hands and blue Ribbands in their Hats Hat Curteous Reader thou hast now the impartiall narrative of all the Passages of that meeting where the common bruit of the unworthy Pamphletiers say such a dangerous Designe was layd I wish the most piercing Eagle-eye would make the exactest search into all my discourse and demeanours in this businesse and discover to me an erratum according to the rigour of the Law or Justice even in the least Punctilio The Informer charged me with no colourable crime though whatsoever he said to my face had been true in every punctum and as for Witnesses none were called or examined though the Diurnall mans Pen could beare no true inke in that particuler yet those two Persons whom the informer brought as pretended Witnesses confessed as I can prove by Oath That there was nothing spoken at the Meeting for which J am accused but what rended to advance the Parliaments honour or words to that effect But upon what invisible grounds I know not in the Evening this ensuing Order passed the House Diae Mercurii 19 Januar. 1647. IT s this day resolved upon the Qnestion by the Commons in Parliament assembled That Mr. Iohn Wildman be Committed to the Fleet in Order to his tryall according to Law for treasonable and seditious Practises against the State Hen. Elsinge Cler. Parl. Dom. Com. In prosecution of this Order Mr. Speaker issued forth to the Serjeant at Armes this ensuing Warrant BY vertue of an Order of the House of Commons these are to require you to receive from the Serjeant at Armes or his Deputy the body of Mr. John Wildman into the Prison of the Fleet London and him there to detaine in safe Custody as your Prisoner in order to his tryall according to Law for treasonable and seditious Practises against the State untill the pleasure of the House bee further signified And for so doing this shall be your Warrant Dat. 19 Ianuary 1647. WILLIAM LENTHALI Speaker The Serjant at Armes sending this warrant I refused to serrender my Liberty unlesse he would force it from me because I conceived the warrant to be illegall and upon the same account I refused also the next day untill force was brought though then that clause vntill the pleasure of the House be further signified was expnnged and then I told them that if Theefes meet me upon Newmarket Heath and will have my Purse if they be too strong for me I judge it wisdome to surrender my Purse rather then hazard my life and I protest here I yeeld to you my Liberty upon the same reason only Now least this my deportment should be matter of offence to any or scandall to my selfe as if I sleighted that supreame Authority of Parliament which I have so vigorusly contended to maintaine I shall give a faithfull account of the reason of my demeanour First there was no shadow of a Legall crime not so much as a misdemeanour objected to my face against me by the informer and to this I may add that though the information had been of somthing criminall yet being onely a verball uncertaine information or suggestion its contrary to Magna Charta to the Stat. of 5. Ed. 3. 9. 2 of Ed. 3. 4 28. Ed. 3. 3. 42. Ed. 3. 3. that my Liberty should be taken