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.
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