The Digger Movement in the Days of the Commonwealth - As Revealed in the Writings of Gerrard Winstanley, the Digger, Mystic and Rationalist, Communist and Social Reformer by Lewis Henry Berens
page 152 of 360 (42%)
page 152 of 360 (42%)
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Kingston Court:
"In four passages your Court hath gone contrary to the righteousness of your own Statute Laws. For, _First_, it is mentioned in 36 Edward III. 15 that no Process, Warrant or Arrest should be served till after the cause was recorded and entered. But your Bailiff either could not or would not tell us the cause when he arrested us, and Mr. Rogers, your Recorder, told us the first Court-day we appeared that our cause was not entered. "_Secondly_, We appeared two other Court-days, and desired a copy of the Declaration, and profered to pay for it, and you denied us. This is contrary to equity and reason, which is the foundation your Laws are or should be built upon, if you would have England to be a Common-wealth, and stand in peace. "_Thirdly_, We desired to plead our own cause, and you denied us, but told us we must fee an Attorney to speak for us, or else you would mark us in default for not appearance. This is contrary to your own Laws likewise, for in 28 Edward I. chapter ii. there is freedom given to a man to speak for himself, or else he may choose his father, friend or neighbour to speak for him, without the help of any other Lawyer. "_Fourthly_, You have granted a judgement against us, and are proceeding to an execution, and this is contrary likewise to your own laws, which say that no plaint ought to be received or judgement passed, till the cause be heard, and witnesses present, to testify the plaint to be true, as Sir Edward Coke, 2nd part of Institutes upon the 29 chap. of Magna Charta, fol. 51-53. The |
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