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for a pretended extraordinary crime; the Lawes I last recited; and the fundamentall or essentiall Basis of freedome therein contained, knowes no such names or Commissions or speciall Oyer and Terminer.

And those Statutes in Edward the first, and Edward the thirds time, that doth erect those special and extraordinary Commssiions, and warrant the usage of them that are meerly irrationall[1] innovations upon our indubitable Rights contained in Magna Charta, and meere Court and Prerogative devices to destroy the best of men, by extraordinary Court appointed and prejudge proceedings that should manfully stand in the way of the Prince, or any of his great favourites, for sure I am from the Petition of Right, no ground or foundation for any extraordinary or special Commission of Oyer and Terminer, upon any pretended, speciall, or great occasion cannot be founded; but rather the absolute quite contrary, as to me clearly appeares by the very plain letter of that most excellent Law, and therefore such a speciall Commission upon any pretended speciall occasion, being expresly against our undubitable Rights contained in Magna Charta, And the Petition of Right,, viz. that no Englishman shall be subjected to any other Tryall, but the ordinary universall and common Tryalls at ordinary Assises, Sessions, or Goale-deliveries, and not in the least to be tryed by extraordinary and speciall prejudged, packed, over-awing Commissions of Oyer and Terminer: and therefore all such extraordinary and dangerous Tryalls are absolutely abolished, by the late excellent Acts that confirmes the Petition of Right, and all and every of the Clauses therein contained, and abolisheth the Star-Chamber, both made Anno. 1641.

And

  1. And excellent to this purpose is Lieutenant Colonel Lilburnes Argument, in his second Edition of his Picture of the Councel of State, page 8. against the erection of extraordinary Courts, which thus followeth: He granting that the Parliament hath power to erect a Court of Iustice to administer the Law, provided, that the Iudges consist of Persons that are not Members of Parliament; And provided, the power they give them be nniversall, that is to say, to administer the law to all the people of England indefinitely, who are all equally borne free alike, and not to two or three particular Persons solely: the last of which for them to do is unjust, and altogether out of their power, &c. Which Argument or Reason is most notably illustrated and inlarged in the second Edition of the legall fundamentall Liberties of England, revived of the 8. of June, 1649. page 72.