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or person of quality, in every county, in nature of a captain, who had the power of the county and militia in every shire,Sicut et vicecomites provinciarum et comitatuum eligi debent per singulos comitatus in pleno folkmoto': As sheriffs of provinces and counties ought to be chosen in every county; as you may read at large in Mr. Lambard's Archaion, f. 135, de Heretochiis: in Sir Henry Spelman's Glossarium, Dux et Heretochius, p. 232, 348, 349: My Sovereign Power of Parliaments, part ii. p. 24, 25: Cooke's two Institutes, p. 174, 175.

Secondly, by Rot. Claus. anno 16 Johan. Reg. part. i. m. 2. dorso. 'Dominus rex concessit baronibus suis, militibus & libere ' tenentibus de Cornubia, quod habeant vicecomitem de aliquo ipsorum ad electionem eorum. Idem vero barones, milites, & li'bere tenentes concesserunt Willielmo Wise, quod habeat hun'dredum de Estweneleser ad feodi firmam, sibi & hæredibus suis 'imperpetuum, per dimidium marci argenti, ad festum sancti Michaelis reddendum.'

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Thirdly, by Rot. Pat. An. 5. H. III. memb. 6 H. Dei gratia, &c. archiepiscopis, episcopis, comitibus, baronibus, militibus, libere tenentibus & aliis omnibus de Com. Cornub. salutem. Sci'atis quod concessimus vobis quod liberam habeatis electionem eli'gendi vobis in vicecomitem nostrum unum de Com. Cornub. Et ' ideo vobis mandamus quod eligatis tres fideles & discretos de Com. Cornub. & illos nobis præsentari fac. apud London in octab. clausi pasche, & nos unum ex illis tribus, prout nobis placuerit, ' vobis dabimus ad vicecomitem. Et interim commisimus comita'tum illum Cornub. cum omnibus illis quæ ad nos pertinent di'lecto & fideli nostro Reginaldo de Valletorta custodiend. vobisque ' mandamus quatenus eidem Reginaldo usq: ad prædictum termi'num sitis intendentes & respondentes in omnibus, tanquam vic. ' nostro & ballivo nostro. Et in hujus, &c. T. H. de Burgo, &c. apud Westm. xxviii. die Jan. an. regni nostro quinto.'

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Fourthly, by Pat. 10. H. III. memb. 4. Rex archiepiscopis, 'episcopis, abbatibus, prioribus, comitibus, baronibus, militibus, libere tenentibus, & omnibus aliis de communibus Somer'set & Dors. salutem. Sciatis quod electioni quam fecistis de Will. 'fil. Henr. ad Vic. nostrum faciend. de Comitat. Somerset & Dor'set assensum nostrum præbuimus. Et ideo vobis mandamus quod ei tanquam Vic. nostro, quamdiu nobis placuerit, intendentes 'sitis & respondentes. In cujus, &c. Teste Rege apud Winton. 'xxvii. die Jan.'

Fifthly, by Mat. Paris, Mat. Westminster, Daniel, and others, who record, that, in the forty-fifth year of king Henry the Third, the king placed new sheriffs in every county, displacing the sheriffs, the barons and people had made; whereupon the people, in every county, manfully resisted the sheriffs, and would not obey, nor regard nor answer them in any thing, whereat the king was much troubled. Much less then ought they now to obey any sheriffs obtruded on them by the army-officers, or any other illegal usurped power.

Sixthly, by the statute of Articuli super Chartas, An. 28. E. I.

chap. 8. the king hath granted to his people, that they shall have the election of sheriffs in every shire, where the shrivalty is not of fee, if they will. And, chap. 13. forasmuch as the king hath granted the election of sheriffs to the commons of the shire, the king willeth, that they shall chuse such sheriffs as shall not charge them, and that they shall not put in any officer for rewards or bribes: And that they shall not lodge too often in one place, nor with poor persons, nor with men of religion. By which statutes (being but confirmations of the people's former rights by custom, or kings grants, on which some of them incroached, which was the occasion of these acts) all counties used to elect their sheriff: And if they elected any mean or unfitting person, as they sometimes did, he then commanded them by his writs to chuse another, who was fit to discharge that office; witness this memorable record ensuing:

Cl. 31 E. I. m. 13 dorso. Rex coronatoribus & toti communitati Comitatuum Salop. & Stafford. salutem. Cum nuper pro communi utilitate regni nostri inter alia concesserimus populo ejusdem regni, quod habeat si voluerit electionem vic. in singulis comitatibus dicti regni cum opns fuerit vicecom. prædict. in eis'dem, ubi videlicet vicecomes de feodo non existit. Ac Ricardus de Harlegh, per vos in vic. comitatuum prædictorum nuper elec'tus, ad officium illud faciendum minus sufficiens est, sicut ex testimonio fide digno accepimus: Vobis mandamus quod aliquem qui melius sciat & possit officio vic. dictorum comitatuum intendere & 'utilior fuerit ad idem officium exequendum in vic. eorundem comitatuum pro vobis, si volueritis, eligatis, & ipsum sic electum per aliquem legalem & circumspectum hominem ex parte vestra cum literis vestris patentibus sub sigillis sex de discretioribus & probioribus mil. eorundem comitatuum Thess. & baronib. nostris de 'Scaccario in crastino Sancti Michaelis prox. futuri sine dilatione præsentetis, ut ipse tunc ibidem præstito sicut moris est sacra'mento, extunc ea faciat & exerceat, quæ ad officium vicecomitis 'pertinent in com. prædictis. Et habeatis ibi tunc hoc breve: Scituri, quod si talem per vos electum modo prædicto non præ'sentaveritis coram præfatis Thess. & baronibus nostris in crastino 'prædicto, prædicti Thess. & barones extunc nobis de alio Viceco'mite vobis præficiendo in defectu vestri providebunt.' Teste Rege apud Sarum. 16. die April.

Eighthly, by Claus. 12 E. III. pars 2. m. 15. Claus. 13 E. III. pars 3. dors. 16. Cl. 14 E. III. pars 2. m. 3. De Vicecomitibus Eligendis per totam Angliam ;' wherein are several writs issued, authorising and commanding the people, to elect their sheriffs, in every county, throughout England; with other records, to the like effect, over tedious to recite at large.

Ninthly, by Mr. Lambard's Archaion, f. 135. and Sir Edward Cook's two Institutes on Magna Charta, p. 174, 175, 558, 559, 566, who resolve: That sheriffs, in ancient times, were, and ought to be chosen by the freeholders of the county, in the county-court, as conservators of the peace, coroners, verderers, constables, petty constables, were then, and since elected likewise

by the people; as well by the king's writs, as without them, in cases of necessity.

Tenthly, by the constant custom of all corporations, which are counties within themselves, having power, annually, to chuse sheriffs only by the king's charters, without any special writ; as London, Bristol, Gloucester, York, Canterbury, Coventry, &c. use to do, therefore every county in England and Wales may do the like without any special writs, being a necessary, annual, ancient standing office, especially, in these confused times, when none have any legal authority to issue out writs or commissions, to elect or swear sheriffs, by vertue of the premised statutes: And the army officers, with other self-created usurping powers, may as lawfully obtrude mayors, sheriff's, and other officers, on every corporation of England, without their election, and deprive them of their freedom to elect them; as thrust sheriffs, justices of the peace, coroners, or other eligible officers upon counties, and rob them of this their just, ancient right and privilege, now strenuously, to be revived, asserted for their common safety against all incroachments thereon. The statute of Westminster, 1 chap. 5, enacting, declaring, that, all elections ought to be free, and not disturbed by force of arms, under great forfeitures, by no great men, nor others.

Thirdly, let all counties, cities, boroughs, ports, make choice of the wisest, ablest, stoutest, discreetest persons, such as are best affected to peace, settlement, and the nation's publick interest, for their knights, citizens, and burgesses, not of raw, unexperienced, timorous, or time serving, unstable, self-seeking, turbulent men.

Fourthly, let all counties, cities, noblemen, gentlemen, yeomen, clergymen, and freemen of the nation unanimously resolve, to obey no new, illegal, tyrannical, upstart powers, officers, conventicles, committees or councils of men whatsoever, forcibly obtruded on them; nor to execute any of their orders or commands; but only to obey such legal officers, as themselves shall legally elect, or a free parliament duly elected by them; nor pay any taxes, customs, imposts, excises, contributions whatsoever, to any officers, soldiers, collectors, but such as shall be imposed by common consent, in a free and lawful parliament, it being their ancient birth-right (for defence whereof, the army was first raised) ratified not only by sundry ancient statutes and the late petition of right, but several acts, votes, declarations, judgments, the last long parliament of king Charles, acknowledged in the instrument of government itself, the late petition and advice, the army's own former declarations, and the late dissolved junto, in their very last knack, of the twelfth of this instant October, their plea and papers since.

Fifthly, if any officers, and soldiers of the army, out of faction, ambition, slf-ends, or jesuitical seduction, shall obstinately, trai terously, maliciously, or tyrannically oppose the people in their elections of sheriffs, knights, citizens, burgesses, or levy any taxes, excises upon them by armed violence, contrary to all their former forfeited, now expired commissions, declarations, engage

ments; let them then unanimously declare and proceed against them, as professed publick enemies, traytors to their native country; who by their former and late treacheries, rebellions, and unwarrantable proceedings against all their superiors, transcending all precedents in profane or sacred stories, have actually in law, justice, forfeited not only all their commissions, commands, and arrears of pay, but all their very lives, lands, estates; and that our whole three nations, by their solemn league and covenant, for their own future preservation, are obliged to bring them to publick justice, as themselves have proceeded against hundreds, nay, thoasands of other delinquents, not half so criminal as themselves; and, thereupon, intreat all other officers, soldiers in the army, who have any fear of God, or love to themselves, their posterities, or native country, remaining in their breasts, as Moses did the congregation of Israel, in the rebellion of Korah, Dathan, and Abiram, who mutinied the people against him and Aaron, Numb xvi. "Depart, I pray ye, from the tents of these wicked men, and touch nothing of theirs, lest ye be consumed in all their sins. So they gat up from the tabernacle of Korah, Dathan, and Abiram on every side." And as many officers, soldiers, as shall, thereupon, desert the tents of their rebellious commanders, and contribute their assistance for the speedy calling, and safe fitting of a free, lawful parliament, without any future mutinies, to interrupt or dissolve it, when convened according to the premised statute of 16 Car. chap. 1. let them be assured of their full arrears, and of indemnity for what is past, which none else but a free and lawful parliament can grant them, all other indemnities being void in law. And, if this will not satisfy, let them beware, lest the earth cleave asunder, that is under them, and then open her mouth, and swallow them up alive, with their houses, men, goods, and all appertaining to them, and they perish from among the congre gation, as Korah, Dathan, and Abiram, with their families and adherents did, by this or some other exemplary judgments, and a universal insurrection of our three whole discontented, oppressed, ruined nations against them, which they may justly fear and expect, if they believe there is a righteous God, that judgeth in the earth, a Lord of Hosts able to scatter, punish, execute vengeance on them here, and cast them into hell for ever hereafter, for their manifold, unlamented, reiterated, transcendent rebellions; or repute these texts canonical, which I shall recommend to their sad. dest meditations: Prov. xxix. 10. lie, that being often reproved hardeneth his neck, shall suddenly be destroyed, and that without remedy:" As the late anti-parliamentary junctos and protectors have been. Prov. xi. 21. "Thongh hand go in hand, yet the wicked shall not go unpunished." Psal. Ixviii. 21. "God shall wound the head of his enemies, and the hairy scalp of such a one as goeth on still in his trespasses." Ezek. xxiv. 14. "I the Lord have spoken it, it shall come to pass, I will do it; I will not go back, neither will I spare, neither will I repent; but according to thy ways, and according to thy doings I will recompense, and they shall judge thee, saith the Lord." Col. iii. 25. "Ile that doth wrong shall receive

according to the wrong done, and there is no respect of persons with God;" who can, in a moment, as easily destroy an whole army, and great host of men (as he did *Sennacherib's, Jeroboam's, and other armies) as any one single person.

October the last, 1659, the day of king-condemning John Bradshaw's death, and translation to his proper place, and arraignment, in the highest court of justice.

LET ME SPEAK TOO:

OR,

ELEVEN QUERIES,

HUMBLY PROPOSED TO THE OFFICERS OF THE ARMY, CONCERNING THE LATE ALTERATION OF GOVERNMENT.

The last testimony amongst men, both Greeks and Barbarians, which no time will abolish, is that which, by oath, calleth the Gods to be Sureties of their covenants. PROCOPIUS.

Psal. xv. 4.-Having sworn to his own hurt, he changeth not.

Let your moderation be known to all men, for the Lord is at hand.

Loudon: Printed 1659. Quarto, containing eight pages.

GENTLEMEN,

AS it pleased the Lord of Hosts to conduct you through many difficulties hitherto, with whom to this time I have kept pace, and wherein I cannot accord, I humbly with all affection propose my scruples, being willing to be delivered from any error, and misapprehension in any kind, and that, which is given with the right-hand, will not, I hope, be taken with the left: And let me acquaint you, it is not private interest, or worldly gain, is any ground at all to incline me to query; for I was never no courtier, nor received any benefit by it, nor was ever like to do, nor ever received the least personal injury from the long parliament.

Therefore, as they are the naked and plain result of an unbiassed mind, I hope you will the rather bear with them and me; I know some amongst you, which, I am sorry to see, take all ill, and resent nothing to be reason, but that which comports with their own humours; as for them, I am in little hope, either to receive or give satisfaction.

This only I would farther say, that the former blessings of God, and his mercy unto you, is no argument at all, that he will ever continue the same, but will, as he hath done to other people, more highly declare himself against you, in case you take sanctuary at unrighteous ways and courses, and what are not justifiable be fore God and men: You have I loved above all the nations of the earth, 1 therefore will punish you for your iniquity. I do not know any one action, that ever brought your principles into suspicion, and that you bear not the same good-will to righteous and just proceedings, as this last of dethroning his Highness without any reason or cause given, at least worthy such severity: All that I have further to say is, that, if you have done well, and have the testimony of a good conscience, the Lord establish you; if not, God give you repentance, and make restitution.

• 9 Kings, xiii. 35. 2 Chron. xiii. 16, 17.

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