[10]
as a full House, there being constantly 400 or 500. of them siting in the House as the deputed and chosen trustees of the People of England, whose opinion was to dam them, and pluck them up by the roots, as unjust and illegal in their original Institution, which they have accordingly done, and declared to the whole Nation in the Act that abolished the Star-chamber; where that Court spoken against by M. Hide, is totally dammed and pulled up by the roots: So that now in Law I cannot see how special Commissions of Oyer and Terminer can be legal at this present, admit the Power never so just from whom it comes, but abundantly much more seing there is no actual Wars, nor popular Insurrections; which if lately there had bin any, and yet were overcome, there is no pretense of ground by the good old Laws of England, for any extraordinary proceedings against any man, although he had bin in Arms against you, but he ought to have the benefit of the ordinary accustomed and common tryals at the Common Law, as cleerly appears by the express words of the Petition of Right.[1] But I was never in any hostile manner against those that are the present Governors of the Nation, but have bin under their command in several battels in the Nation, and have hazarded my life for them, and never yet in the least changed my original or first Principles, nor never was engaged in the least in any hostility against them, but have alwaies, since I five yeers ago gave over my command, lived in peace and quietness in mine own house and aboad, and was the same day at the House of Commons dore, that their Votes passed against me, declaring me in general (which in Law signifies nothing) to be a Traytor; and spake with a Gentleman that is now a Judge amongst yourselves (viz. M. Rigby) at the House dore, who in some great Ones names proffered me large matters if I would do as I should be directed by them; after this I went home to mine own house in Southwark, where I stayed in peace and quietness, well enough knowing the Votes that that day past against me, without either particular accusation, or accuser, or any such thing; where I stayed, when as I might easily have escaped the hands of mine enemies, and bin gone; but having the sweet peace of a good Conscience within me, which did assure me that I had done nothing that was against the Welfare of the Nation of England in general, nor against the welfare of any one particular man in England, but really wisht it well, and all its well-wishers.
I say
- ↑ Of which judgment Sir Edw. Cook is positively, in part 2. Instit. f. 48. and part 3. f. 52. in Th. Earl of Lancasters case, which is singular well worth the reading. See also part 1. Instit. f. 13. a.
