[11]
I say that notwithstanding my certain knowledge of all that at the House had past against me, and although I also knew that the further designe against me, which was, that the Councel of State (as they are called) would take me away thereupon with armed force the next morning; yet notwithstanding all this, I stirred not out of my House, but remained there till about five a clock the next morning, at which time 200 or 300. armed Horse and Foot (without so much as one Civil or Magisterial officer with them) came by force of Arms, and haled me out of bed from my Wife and Children, not according to the Law of England, as is expresly provided in two several Statutes, viz. the 1. of Edw. 6. Chap. 12. and the 5. & 6. of Ed. 6. Ch. 11. by which rules of the Law, and no other, they ought to have proceeded against me from first to last; and I am sure they both expresly provide, that if any man be accused of Treason, that he shall be accused first to one of the Kings Councel, or to one of the Kings Justices of Assize, or else to one of the Kings Justices of the Peace, being of the Quorum, or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed.[1]
But contrary to these and other wholsom and good Laws (although there hath bin an eight yeers War in England (pretendedly) for the preservation of the Laws and Liberties of England, yet I say, contrary to the express Tenor of these Laws, as also of the Petition of Right, yea and also of the express Letter of that excellent Law that abolished the Star-chamber this Parliament) was I by force of Arms (that never fortified my House against the present Power, nor never disputed any of their Summons, though sent by the meanest man that ever appertained to them, and who if they had sent their Warrant for me by a child, I would have gone to them) I was fetched out of my bed in terror and affrightment, and to the subversion of the Laws and Liberties of England, and led through London streets with hundreds of armed men (like an Algier captive) to their main Guard at Pauls, where a mighty guard stayed for the further conducting me by force of Arms to White-hall: Now Sir, if I had committed Treason, I ought not to have bin apprehended and proceeded against by armed mercenary Soldiers, but by Civil and Magisterial Officers, and no other; according to those excellent priviledges that the Parliament themselves in the yeer 1641. in their own book of Declarations, p. 36, 37. 76, 77. did claim for those six Members, viz. the Lord Kimbol-
- ↑ See also to this purpose part 3. of Cooks Instit. Ch. High Treason, f. 26. 27, 28. and part 1. Parl. Declar. in the case of the L. Kimbolton, and the 5. members, p. 38, 39, 76, 77
