Assembly Proceedings, September 20-26, 1693. 9
|
|
kept Close prisoner wthout Baile or Maineprize, till I should
be delivered thence or otherwise disposed off by ordr of the
Councill: In the meane time I was in the sight of the
Gouernors house searcht & all papers taken from me, as if
Treason had been laid to my charge, my Studdy & chambers
Ransackt at the same time, and Strict orders given that I
should neither write nor Receive any Lettrs but what the
Sherriffe should first peruse, that as I was wholy Ignorant of
my Crimes, soe I might be utterly uncapable to of makeing
any Complaint to his Majtie agt the Injustice of such proceed-
ings: being after denyed my habeas Corpus (wch is the great
security of the lives & libertyes of euery English Subject) by
all the Justices of the provinciall Court, both in the Court
holden in May Last as also by seuerall of them upon my appli-
cacon to them in their particular Capacityes, Refused Even by
Mr John Lewellin Coppyes of all Ordrs of Councill wch were
passed concerning me, and by my very Clk William Taylard
both to my Attorney & my selfe vpon my letter to him, any
|
Original
Journal.
|
Coppy of the Judgmt of the Court given by Coll Blakiston
upon the denyall of my habeas Corpus, wherefore haveing bin
now Continued a prisoner aboue fiue Months without any
hope of remedy or redress from the Council, I appeale to you
Gent, from these proceedings and agt all those apparent viola-
tions of Cofnon Right & Justice; Requesting of you in
behalfe of my selfe & of the Rights & Libertyes of all the
Kings good Subjects, your Judgmt & Resolutions upon these
Quaeries following—ffirst:
1. Whether any person sumoned by the Gouernor & Coun-
cill to answer att a day appointed to particular Crimes said to
be charged upon him, can legally be comitted wthout being
accused at his" Appearance, or permitted to answer for him
self, and
2. Whether upon such Comittment the Sherriffe of the
County can, as he still does me, keep and Detaine him.
3. Whether his Crime for which he is comitted ought not
particularly to be Expressed in his Comittmt
4. Whether the Gouernor & Councill can Comitt any man
for any Crime whatsoeuer to be detained till delivered or
otherwise disposed off by further Order of Councill Only.
5. Whether upon allegation of any offence comitted the
Subjects of this Province can be denyed their Habeas Corpus
to bring them up to the next Provinciall Court to be Bayled
or Tryed according to the nature of the Offence.
6. Whether a Man can be imprisoned in any other County
by the laws of England then in that wherein the Crime alledg'd
is supposed to be Comitted.
7. Whether the place of publick notary of this Province
|
p. 6
|
|
|