(5)
Orders[1] and Authority of Parliament for good Law, who in his 3. part Institutes, Chapt. Of high Treason, fol. 29. 34. compared with fol. 137. 230. asserts the same.
Truly, Sir, I being now come before you to answer for my life, and being no professed Lawyer, may through my own ignorance of the practick part of the Law, especially in the Formalities, Nisities and Puntillios thereof, run my selfe with over-much hastinesse, in snares and dangers that I shall not easily get out of. And therefore being all of a sudden bid to hold up my hand at the Barre, I cannot chuse but a little demurre upon it, and yet with all respect to you, to declare my desirablenesse to keep within the bounds of Reason, Moderation and Discretion, and so to carry my selfe as it doth become a man that knowes what it is to answer for his life.
And therefore in the first place, I have something to say to the Court about the first Fundamentall liberty of an Englishman in order to his triall, which is, that by the Lawes of this Land, all Courts of Iustice alwayes ought to be free and open for all sorts of peaceable people to see, behold, and heare, and have free accesse unto: and no man whatsoever ought to be tried in holes or corners, or in any place where the gates are shut and bar’d, and guarded with armed men; and yet, Sir, as I came in, I found the gates shut and guarded; which is contrary both to Law and Iustice.
Sir, the Lawes of England, and the Priviledges thereof, are my Inheritance and Birth-right: And, Sir, I must acquaint you, that I was sometimes summoned before a Committee of Parliament, where Mr. Corbet and severall others have had the Chaire; and there I stood upon my right by the Lawes of England, and refused to proceed with the said Committee, till by speciall order they caused their Dores to be wide thrown open, that the people might have free and un-interrupted accesse to heare, see, and consider of what they said to me, although I think the pretence that I am now brought before you for, be the very same in substance, that I was convened before Mr. Corbet for, which was about Bookes: and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law, proving that they were bound in Law and Iustice, freely to open their Dores, for the free accesse of all sorts and kindes of auditors: And I did refuse (as of right) to proceed with them, till by speciall order they did open their Dores. For no triall in such cases, ought to be in any place, unlesse it be publick, open and free; and therefore if you please that I may enjoy that Legall Right and Priviledge which wasgranted
- ↑ Which Orders are dated May 12. 1641. & Iune 3. 1642. you may at large read at the last end of his 2. part Institutes.
