(Placeholder: Text will be added later.)
Lilburne's "Petition of 19 January, 1647" can be found in T.136 [1648.02.14] [John Lilburne], A Declaration of some Proceedings of Lt. Col. John Lilburn (14 February, 1648) and in T.207 John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (10 August 1649).
T.207 [1649.08.10] John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and his Son in Law Henry Ireton Esquires (10 August 1649).
John Lilburne, An Impeachment of High Treason against Oliver Cromwel, and
his Son in Law Henry Ireton Esquires, late Members of the late forcibly dissolved
House of Commons, presented to publique view; by Lieutenant Colonel Iohn Lilburn
close Prisoner in the Tower of London, for his real, true and zealous affections
to the Liberties of his native Country. In which following Discourse or Impeachment,
he engageth upon his life, either upon the principles of Law (by way of indictment,
the only and alone legall way of all tryals in England) or upon the principles
of Parliaments ancient proceedings, or upon the principles of reason (by pretence
of which alone, they lately took away the Kings life) before a legal Magistracy,
when there shal be one again in England (which now is the leasst there is not)
to prove the said Oliver Cromwel guilty of the highest Treason that ever was
acted in England, and more deserving punishment and death.
Then the 44 Judges hanged for injustice by King Alfred before the Conquest; or then the Lord chief Justice Wayland and his associates tormented by Edw. 1. Or, then Judg Thorpe, condemned to dye for Bribery in Edw. 3. time; Or, then the two dis-threned Kings. Edw 2. and Rich. 2. Or, then the Lord chief Justice Tresillian, (who had His throat cut at Tyburn as a Traitor in Rich. 2. time, for subverting the Law) and all his associates; Or, then those two grand Traytorly subverters of the Laws and Liberties of England, Empson and Dudley, who therefore as Traytors lost their heads upon Towerhill, in the beginning of Henr. 8. raign; Or, then trayterous Cardinal Wolsey, who after he was arrested of Treason, poysoned himself; Or, then the late trayterous Ship-Money Judges, who with one Verdict or Judgment destroyed all our propertie; Or, then the late trayterous Bishop of Canterbury, Earl of Strafford, Lord-Keeper Finch, Secretary V. Vindebanck, or then Sir George Ratcliff, or all his Associates; Or, then the two Hothams, who lost their heads for corresponding with the Queen, &c. Or, then the late King Charls whom themselves have beheaded for a Tyrant and traytor.
In which are also some Hints of Cautions to the Lord Fairfax, for absolutely breaking his solemn Engagement with his souldiers, &c. to take head and to regain his lost Credit in acting honestly in time to come; in helping to settle the Peace and Liberties of the Nation, which truly, really, and lastingly can never be done, but by establishing the principles of the Agreement of the Eric. People; that being really the peoples interest, and all the rest that went before, but particular and selvish.
In which is also the Authors late Proposition sent to Mr Holland, June 26. 1649. to justifie and make good at his utmost hazard (upon the principles of (illegible), Law, Reason, and the Parliament and Armies ancient Declarations) his late actions or writings in any or all his Books.
Ier. 5. 26, 27, 8, 29. For among my peoyle are found wicked men: they lye in wait as he that setteth snares, they set a trap, they catch men. As a cage usefull of Birds, so are their houses full of deceit; therefore they are become great, and waxin rich. They are waxen fat, they shine; yea, they overpass the deads of the weeked; they judg not the cause, the cause of the Fasthertess, yet they prosper; and the right of the needy doe they not judg. Shall I not visit for those things, saith the Lord? Shall not my soul be avenged of such a Nation as this?
Imprinted at London, Anno Dom. 1649.
The Tract contains the following parts:
10 August 1649.
TT1, p. 763; Thomason E. 508. (20.)
THat the devouring fire of the Lords wrath, hath burnt in the Bowels of this miserable Nation, untill its almost consumed.
That upon a due search into the causes of Gods heavie judgements, we find(a) that injustice and oppression, have been the common Nationall sinnes, for which the Lord hath threatned woes, confusions and desolations, unto any people or nation; Wo (saith God) unto the oppressing City, Zeph. 3. 1.
That when the King had opened the(b) Flood-gates of injustice and oppression(c) upon the people, and yet peremptorily declared, that the People, who trusted him for their good, could not in, or by their Parliament require any account of the discharge of his trust; and when by a pretended negative voice(d) to Laws, he would not suffer the strength of the Kingdom, the Militia, to be so disposed of, that oppression might be safely remedied, and oppressours brough to condigne punishment, but raised(e) a War(f) to protect the subverters of our Laws and Liberties, and maintain Himself, to be subject to no accompt, even to such oppressions, and pursuing after an oppressive power, the Judge of the earth with whom the Throne of iniquity can have no fellowship, hath brough him low and executed fierc wrath upon many of his adherents.
That God expects justice from those before whose eyes he hath destroyed an unjust generation, Zeph. 3, 6, 7. and without doing justly, and relieving the oppressed, God abhors fastings and prayers, and accounts himselfe mocked, Pro. 19. 8. Isa. 10, 11, 12, 13, 14, 15, 16, 17. & 29. 13, 14. & 58. 45, 5, 6, 7. & 66. 2, 3. Jer. 6. 19, 20. & 7. 9, 10, 11, 14. Amos. 5. 6, 7. 15. 21, 22, 23. Mich. 6. 6, 7, 8.
That our eyes fail with looking to see the foundations of our Freedoms and peace secured by this Honorable House, and yet we are made to depend upon the Will of the King, and the Lords, which were never chosen or betrusted by the People, to redresse their grievances. And this Honorable House, which formerly declared that they were the Representatives of all England, and be trusted with our estates, liberties and lives, 1 part Book of Decla. 264. 382. do now declare by their practice, that they will not redresse our grievances, and settle our freedoms, unlesse the King and the Lords will.
That in case you should thus proceed, Parliaments will be rendred wholy uselesse to the People, and their happinesse left to depend solely upon the will of the King, and such as he by his Patents creats Lords; and so the invaluable price of all the precious English bloud, spilt in the defence of our freedoms against the King, shall be imbezelled, or lost; and certainly, God the avenger of bloud, wil require it of the obstructors of justice and freedom, Judges 9. 23.
That though our Petitions have been burned, and our persons imprisoned, reviled, abused, only for petitioning, yet we cannot despair absolutely of all bowels of Compassion in this Honorable House to an enslaved perishing people. We will nourish some hopes that you will at last consider our Estates are expended, the whole trade of the Nation decayed, thousands of families impoverished, and mercilesse Famine is entring into our gates, and therefore we cannot, but once more essay to pierce your ears with our dolefull cries for Justice and Freedom, before your delays wholy consume the Nation. In particular, we earnestly intreat;
First that seeing we conceive this Honorable House intrusted by the People, with all power to redresse our grievances, and to provide security for our Freedoms, by making or repealing laws, Erecting or abolishing Courts, displacing or placing Officers, and the like; and seeing upon this consideration, we have often made our addresses to you; and yet we are to depend for all our expected good, upon the wills of others, who have brought all our misery(g) upon us: that therefore in case this Honourable House will not, or cannot according to their trust, relieve and helpe us, that it be cleerly declared; that we may know to whom as the Supreame power, we may make our present addresses before we perish, or be enforced to flie to the Prime Laws of nature(h) for refuge.
2. That as we conceive all Governours and Magistrates being the Ordinance(h) of men, before they be the Ordinance of God; and no authority being of God approbationally, but what is erected by the mutual consent of a People; and seing this Honorable House alone represent or ought to represent the people of this Nation; that therefore no person whatsoever be permitted to exercise any power or authority in this Nation, who shall not cleerly and confessedly receive his power from this House, and be always accountable for the discharge of his trust, to the people in their representers in Parliament; or otherwise, that it be declared who they are which assume to themselves a Power according to their own wils, and not received as a trust from the People, that we may know to whose Wills we must be subject, and under whom we must suffer such oppressions as they please, without a possibility of Justice against them.
3. That considering, that all just power and Authority in this Nation, which is not immediately derived from the people, can be derived only from this honourable House; and that the People are perpetually subject to Tyranny, when the Jurisdiction of Courts, and the power and Authority of Officers are not cleerly described, and their bounds and limits(i) prefixed: That therefore the Jurisdiction of every Court of Judicature, and the power of every Officer or Minister of Justice, with their bounds and limits, be forthwith declared by this Honorable House, and that it be enacted, that the Judges of every Court, which shall exceed its jurisdiction, and every other Officer or Minister of Justice, which shall intermeddle with matters not coming under his Cognisance, shall incur the forfeiture of his and their whole estates: and likewise, That all unnecessary Courts may be forthwith abolished; and that the publick Treasury, out of which the Officers solely ought to be maintained,(k) may be put to the lesse charge.
4. That whereas there are multitudes of complaints of Oppression by Committees of this House, determining particular matters, which properly appertains to the cognizance of the Ordinary Courts(l) of Justice; and whereas many persons of faithfull and publick spirits have been and are daily molested, vexed, imprisoned by such Committees, sometimes for not answering Interrogatories, and sometimes for other matters, which are not in Law criminal; and also without any legal Warrants expressing the cause, and commanding the Jaylor safely to keep their bodies untill they be delivered by due course(m) of Law: And by these oppressions the persons and estates of many are wasted and destroyed; That therefore henceforth no particular cause, whether criminal or other, which comes under the cognizance of the Ordinary Courts of Justice, may be determined by this House, or any Committe thereof; or any other then by those Courts whose duty it is to execute such Laws as this Honourable House shall make, and who are to be censured by this House in case of injustice: Alwayes excepted, matters relating to the late War, for indemnity for our assisters; and the exact observation of all Articles granted to the adverse(n) Party; and that henceforth no person be molested or imprisoned by the will or arbitrary powers of any or for such matters as are not crimes(o) according to Law. And that all persons imprisoned at present for any such matters, or without such legal Warrants as above-said, upon what pretence, or by what Authority soever, may be forthwith released, with due reparations. See the Armies Book of Declar. pag. 11. 31. 32. 33. 34. 45. 97.
5. That considering its a Badge of our slavery to a Norman Conqueror, to have our Laws in the French Tongue; and it is little lesse then brutish vassalage to be bound to walk by Laws which the people(p) cannot know, that therefore all the Laws and Customs of this Realm be immediately written in our mother-Tongue(q) without any abbreviations of words, and in the most known vulgar hand, viz. Roman or Secretary; and that Writs, Processes, and Enrolments be issued forth, entred, or inrolled in English, and such manner of writing as aforesaid.
6. That seeing in Magna Charta, which is our native Right, it is pronounced in the name of all Courts, That we will sell to no man, we will not deny, or defer to do any man either Justice or Right: notwithstanding we can obtain no Justice, or Right, neither from the common ordinary Courts, or Judges, nor yet from your own Committees, though it be in case of indempnity for serving you, without paying a dear price for it; that therefore our native(r) Right be restored to us, which is now also the price of our blood; that in any Court whatsoever, no moneys be extorted from us, under pretence of Fees to the Officers of the Courts or otherwise; And that for this end sufficient salaries or pensions be allowed to the Judges, and Officers of Courts, as was of old out of the common Treasury, that they may maintain their Clerks and servants, and keep their Oathes uprightly, wherein they swear to take no Money or cloaths, or other Rewards, except meat and drink in a small quantity, besides what is allowed them by the King: and this we may with the more confidence claim as our Right, seeing this honorable House hath declared, in case of Ship-money, and in the case of the Bishops Canons, that not one penny by any power whatsoever, could be levyed upon the people, without common consent in Parliament, and sure we are that the Fees now exacted by Judges and Clerks, and Jaylors, and all kinde of Ministers of Justice, are not setled upon them by Act of Parliament, and therefore by your own declared principles, destructive to our property;(s) therefore we desire it may be enacted to be death for any Judge, Officer, or minister of Justice, from the highest to the lowest, to exact the least moneys, or the worth of moneys, from any person whatsoever, more then his pension or salary, allowed from the common Treasury. And that no Judg of any Court may continue above three years.
7. That whereas according to your owne complaint in your first Remonstrance of the(t) state of the Kingdom, occasion is given to bribery, extortion, and partiallity by reason that Judiciall places, and other Offices of power and Trust are sold and bought; that therefore for prevention of all injustice, it be forthwith Enacted, to be death for any person or persons whatsoever, directly or indirectly, to buy, or sell, or offer or receive moneys or rewards, to procure for themselves or others any Office of power or Trust whatsoever: See for this purpose 12 R 2. c. 2. & 5. & 6. Ed. 6. c. 16. & 1 patt Cooks Institutes, fol. 3. 6. & fol. 233 b. and 234. a.
8. Whereas according to Justice and the equitable sense of the Law, Goals, and Prisons ought to be only used as places of safe custody, untill the constant appointed time of speedy tryals(u); and now they are made places of torment and the punishment of supposed offenders, they being detained many years without any Legall tryals; that therefore it be Enacted, that henceforth no supposed offender whatsoever may be denyed his Legall tryall at the first Sessions, Assizes, or Gaol-delivery, after his commitment(w) end that at such tryal, every such supposed offender, be either condemned or acquitted.
9. Whereas Monopolies of all kindes have been declared by this Honorable House, to be against the fundamentall Lawes of the Land, and all such restrictions of Trade, doe in the consequence destroy not only Liberty but property; that therefore all Monopolies whatsoever, and in particular that oppressive Company of Merchant-Adventurers be forthwith abolished, and a free Trade restored; and that all Monopolizers may give good reparation to the Commonwealth, and to particular parties who have been damnified by them, and to be made incapable of bearing any Office of power or trust in the Nation; and that the Votes of this House Novemb. 19. 1640. against their sitting therein, may be forthwith put in due execution.
10. Whereas this House hath declared in the first Remonstrance of the(x) state of the Kingdome, that Ship-money and Monopolies which were imposed upon the people before the late Warre, did at least amount to 1400000l. per annum: and whereas since then, the Taxes have been double and treble; and the Army(y) hath declared that 1300000l. per annum would compleatly pay all Forces and Garrisons in the Kingdom; and the Customes could not but amount to much more then would pay the Navie: so that considering the vast summes of moneys raised by proposition-money, the fift and twentyeth part, sequestiations, and compositions, excise, and otherwise, it is conceived much Treasure is concealed; that therefore an Order issue forth immediatly from this Honourable House to every parish in the Kingdome, to deliver in without delay to some faithfull persons, as perfect an accompt as possible, of all moneys levyed in such Town, City or Parish; for what use or end soever, since the beginning of the late Warre, and to return the severall Receivers names, and that those who shall be employed by the severall Parishes in every Shire or County, to carry in those accompts to some appointed place in the County, may have liberty to choose the receiver of them; and that those selected persons by the severall parishes in every County or Shire, may have liberty to invest some one person in every of their respective Counties or places, with power to sit in a Committee at London or elswhere, to be the Generall Accomptants of the Kingdom, who shall publish their Accompts every month to the publick view, and that henceforth there be onely one Common Treasury, where the Books of Accompts may be kept by severall persons, open to the view of all men.
11. Whereas it hath been the ancient Liberty of this Nation, That all the Free-born people have freely elected their Representers in Parliament, and their Sheriffs, and(z) Justices of the Peace, &c. and that they were abridged of that their native Liberty, by a Statute of 8th of H. 6, 7. and the 27 H. 8th. 24. That therefore, that Birth-right of all Englishmen, be forthwith restored to all which are not, or shall not be Legally disfranchised for some criminall cause, or are not under twenty one years of age, or servants, or beggars; and we humbly offer, That every County may have its equall Proportion of Representers; and that every County may have its severall Divisions, in which one Representer may be chosen: and that some Representatives of every Parish proportionably may be the Electors of the Sheriffs, Justices of the Peace, Committee men, Grand-jury men, and all Ministers of Justice whatsoever in the respective Counties; and that no such Minister of Justice may continue in his Office above one whole yeer without a new(aa) Election.
12. That all Statutes for all kind of Oaths, whether in Corporations, Cities or other, which insnare consciencious people, as also all other Statutes injoyning all to hear the Book of common-Prayer, be forthwith repealed and nulled, and that nothing be imposed upon the consciences of any, to compel them to sin against their own consciences.
13. That the too long continued shame of this Nation, viz. permission of any to suffer such poverty as to beg their bread, may be forthwith effectually remedied; and to that purpose, that the poor be enabled to chuse their Trustees to discover all Stocks, Houses, Lands, &c. which of right belong to them and their use, that they may speedily receive the benefit thereof, and that some good improvement may be made of waste Grounds for their use; and that according to the promise of this Honourable House in your first Remonstrance, care be taken forthwith to advance the native commodities of this Nation, that the Poor may have better wages for their labour, and that Manufactures may be increased, and the Herring fishing upon our own Coasts may be improved for the best advantage of our own Marriners, and the whole Nation.
14. Whereas that burthensom Tax of the Excise lies heavie onely upon the poorer, and most ingenuous and industrious People, to their intolerable oppression; and that all persons of large Revenues in Lands, and vaste estates at usury, bear not the least proportionable weight of that burthen, whereby Trade decayes, and all ingenuity and industry is discouraged; That therefore that oppressive way of raising money may forthwith cease, and all moneys be raised by equall Rates, according to the proportion of mens estates.
15. That Mr Peter Smart, Doctor Leighton, M. Ralph Grasion, M. Hen. Burton, Doctor Bastwick, M. William Prynne, Lieut. Colonel John Lilburn, the Heirs and Executors of M. Brewer, M. John Turner, and all others that suffered any cruelty, or false, illegall imprisonment, by the Starchamber, the high Commission, or Councel-board, as also M. Alderman Chambers, and all others that suffered oppression before the Parliament, for refusing to pay illegall imposts, customs or Ship-money, or yeeld conformity to Monopolizing Patentees, may, after seven yeers attendance for justice and right, forthwith by this House receive legall and just Reparations out of the Estates of all those, without exception, who occasioned, acted in, or procured their heavie sufferings, that so in future Ages men may not be totally discouraged to stand for their Liberties and Freedoms, against oppressors and Tyrants.
16. Whereas we can fix our eyes upon no other but this Honorable House for relief in all these our pressing grievances, untill we shall be enforced to despair, we therefore desire that the most exact care be had of the right Constitution thereof: And therefore we desire that all Members of this House chosen in their Nonage, may be forthwith ejected, and that all Votes for suspension of Members from this House, may be forthwith put in execution; Provided, that the House proceed either finally to expel them, that others may be elected in their stead, or they be restored to serve their Country: And likewise that all Lawyers who are Members of this House (by reason of their over awing power over Judges of their own making) may wholly attend the Peoples service therein; and that every of them may be expelled the House, who shall hereafter plead any cause before any Court or Committee whatsoever during his Membership in this House. And we do further desire, that every Member of this House may be enjoyed under some great penalty, not to be absent above three dayes, without the expresse license of this House; and not above one month, without the license of the place by which they are betrusted: And likewise that no Law may be passed, unlesse two third parts of all the Members of this House be present, and that the most speedy care be had to distribute Elections equally throughout the Nation; and that the extent of the Power and Trust of this honorable House be cleerly declared, with the true end and intention thereof, viz. To make just Laws, binding all alike for the preservation and equal good of all, but not to execute Laws.
Now whereas the particular requests in our Petitions are for the most part never debated in this House, but when we are at any time rightly interpreted in our meanings and intentions, we onely receive thanks for our good affections or promises, that in due time our desires shall be taken into consideration: and by such delayes our destractions are daily increased, and our burdens-made more heavie: therefore we desire that a Committee be forthwith appointed by this Honourable House, who may be enjoyned under some penalty, to sit from day to day, untill they have debated every particular of our request, and reported their sense of the justnesse and necessitie of them to this House, that we may attend for an Answer accordingly: and that a time be fixed when such a Committee shall make their report. And we further desire the same Committee may be invested with power to hear all our other complaints, and offer sutable remedies to this Honourable House, and to bring in the Appeals of any persons from the Judges at Westminster to this Honourable House, against their injustice, briberie, or illegall delay and oppression.
Now O ye worthie Trustees! Let not your ears be any longer deaf to our importunate cries: let not our destruction be worse then that of Sodom, which was overthrown in a moment. Let us not pine away with famine, and be worse then those who die by the sword. Oh dissolve not all Government into the prime Laws of Nature, and compel us to take the naturall remedie to preserve ourselves, which you have declared no people can be deprived of.(bb) O remember that the righteous God standeth in the Congregation of the mighty, and judgeth among the gods, and saith, How(cc) long will ye judge unjustly, and accept the persons of the wicked? Defend the poor and fatherless, do justice to the afflicted and needy; deliver the poor and needy, and rid them out of the hands of the wicked.
Ezek. 24. 6. 8. 9. 10. Amos 5. 9, 10, 11, 12. Mic. 2. 2, 3. & 3. 3. 4, 9, 10, 11, 12. Nahum 3 1. 2. 19. Hab. 1. 3. 4, 6. & 2. 8. 11, 12. 17. Joe 3. 6, 7. 8.
by Shipmony, Loanemony, Coat & conduct mony, Patents Monopolies, &c.
See the Remonstrance of the State of the Kingdom Decem 1641. p. 5, 6, 7, 8, 9, 10, 11, 14, 15.
See the Kings Answer to the Petition of Right, and also the Parlia. Remon. of May 19. 1642. 1 part Book Dec. pag. 254. 284, 285. See the Kings Answer to the Par. Dec. of May 26. 1642. p. 298.
See the Ord. for Militia. 1641. 1 Book Dec. p. 89. 105. 106. 114, 126. 175, 176. 182. 243. 283, 292.
See the Par. Votes May 20. 1642. 1 part Book Dec. 259 See also p. 465. 509. 576. 580. 584. 617, 618.
See the Kings Deccla. of the 12 of Aug. 1642. 1 part Book Dec. p. 522. 526. 528. 548. & p. 617. 726, 728.
See 1 part book Dec. p. 44, 150. 182. 426. 637. 690.
See Col. Nath. Fienne’s his Speech against the Bishops Canons, made in 1640, in a book called Speeches and Passages of Parl. from 3. Novemb. 1640. to June 1641. p. 50. 51. 52.
See your Remonstance of the State of the Kingdom, book Dec. p. 6. 8. 15. See also the act made this Parliament, that abolished the Star-chamber and High-Commission.
See the statute of Westminst 1. made 3. Ed. 1. chap. 26. & 20. Ed. 3. 1. and the Judges Oath made in the 18. of Ed. 3. Ann. 1334. recorded in Pultons collections of Statutes, fol. 144.
See the 29. c. of Mag. Charta, & Sir Ed. Cooks Exposition upon it in his 2 part Instit. f. 46. to 57. and the Petit. of Right.
See the Petition of Right made in the 3 of the King, and Sir Edward Cooks 2 part Institutes. f. 52. 53. 315. 589. 590. 591. 615. 616. and 661.
See Psa. 15. 4. Exod. 5. 3. Deu. 23. 21. 22. 2 Sam. 21. 5, 6. Eccl. 5. 4, 5.
See Rom. 4. 15.
See 36. E. 3. 15. & 1 Cor. 14. 7, 8, 11, 16, 19, 23. See also the English Chronicles, in the Reign of Wil. conqueror.
See Exo. 24. 7. & 31. 18. & chap. 34. & Deut. 30. 12, 13, 14. & 5. 1, 5, 24, 27, 31. and 6. 1, 6, 7, 8. and 9. 10. and 11. 18, 19. 20. and 27. 8.
See Sir Edward Cook in his 1 part. Inst. l. 3. c. 13. Sect. 701. fol. 368. Where he positively declares it was the native and ancient rights of all Englishmen, both by the Statutes and common Law of England, to pay no Fees at all to any administrators of Justice whatsoever. See also 2 part Inst. f. 74, 176, 209, 210, and 176. And he there gives this reason why Judges should take no Fees of any man for doing his Office, because he should be free and at liberty to doe justice, and not to be fettred with golden Fees, as fetters to the subversion or suppression of truth and Justice.
See the Articles of high Treason in our Chronicles against. Judg Tresilian, in Richard the seconds time; and the judgment of Justice Thorpe for taking money in Edward the Thirds time, 3 part Cooks Instit. fol. 145, 146, 147: 163: 164: 165.
See 1 part Book Dec. p. 9.
See Sir Ed. Cook 1 part Instit. l. 3. c. 7. sect. 438. fol. 260. a. who expresly saith, Imprisonment must be a safe custody, not a punishment; and that a prison ought to be for keeping men safe, not to punish them. See also 2 part Institut. f. 43. 315. 589. 590. 591. & 3. part fol. [Editor: illegible] 35. & 4 part 168.
See the Statute of the 4 E. 3, 2. 12 R. 2. 10.
See 1 part Book Declar. page 14.
See the Armies last Representation to the House.
28 Edw. 1. Chap. 8. & 13. See 2 part. instit. fol. 174, 175, 558, 559. where Sir Ed. Cook positively declares that in ancient times by the common Law of England, the Coroner, the high Sheriff, Justices of peace, Verderors of Forests; yea, and in times of Warre, the Leaders of the Counties souldiers, were chosen in full Counties by the Freeholders.
It hath been a Maxime amongst the wise Legislaters, that whosoever means to settle good Laws. must proceed in them with a sinister, or evill opinion of all mankinde, and suppose that whosoever is not wicked, it is for want of opportunity; and that no State can be wisely confident of any publick Minister continuing good, longer then the Rod is over him. It is the opportunity of being ill that must be taken away, if ever we mean to be happy; which can never be done but by frequency of change: Speeches and Passages, pag. 17.
See your Declaration of the 19 of May, 16. 12. 1 book Declarat. pag. 207. And your Declaration of Novemb. 1642. pag. 690. 726. 728. as also pag. 150. See the Armies book of Declarat. p. 39. 40.
Psal. 82, 1, 2, 3, 4.