ire no more of Mr. Drake but
that he would justify our cause of digging, and declare abroad that
the Commons ought to be free to all sorts, and that it is a great
trespass before the Lord God Almighty for one to hinder another of
his liberty to dig the earth, that he might feed and clothe himself
with the fruits of his labor thereupon freely, without owning any
Land Lord or paying any Rent to any person of his own kind."
After this perfectly safe challenge, he continues:
"I sent this following answer to the Arrest in writing into
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
Mirror of Justice."
Then, as if ashamed of appealing to mere conventional man-made Laws, he
at once acknowledges what he and his comrades have done, and justifies
their action in the followin
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