THE Case of M
rs Mary VValker, the wife of Clement VValker, Esq: Truly Stated.
Humbly tendered to every individual Member of the Supream Authority of the Nation, the COMMONS assembled in PARLIAMENT.
CLement Walker Esquire, being seized of the Office of Chief Usher of the Exchequor, as his ancient inheritance, did at the time of his intermarriage with me, in consideration of a considerable portion by him received, settle the said Office by way of joynture upon me, the remainder to the heirs of our bodies, as by several Deeds of ancient date enrolled in the said Court of Exchequor, ready to be produced, together amongst other things, more at large appeareth.
That my said husband (being under the displeasure of the Parliament, and by them committed prisoner to the Tower) although he never yet received any Charge, (much less stands convict of any Crime) one Humphrey Edwards, a supposed Member of Parliament, contrary to Law and a good Conscience, having first endeavored to procure my husbands Sequestration, (which failing, upon what false surmizes and slanderous suggestions is not known) hath, by his power and perpetual solicitation, delusively enduced the Honorable Committee for the Revenue to pass an Order in haec Verba.
Febru. 1. 1649.
Whereas Clement Walker Esq Ʋsher of the Publique Revenue, is now a Prisoner in the Tower, and thereby not in a capacity to execute that Office himself, it is therefore this day Ordered by this Committee, That Humphrey Edwards, a Member of Parliament, do execute the said Office, until the Parliament shall declare their pleasure therein, and that he shall have, receive, and injoy all lawful and just Allowances, Perquisites and Priviledges to the said Office belonging, in as full and ample manner, as the said Clement Walker had and enjoyed the same.
Upon pretence of which Order the said Humphrey Edwards, upon Thursday the 21 of March, 1649. riotously, reproachfully and wickedly, without respect to the Laws of God, which forbiddeth to covet his neighbors Goods, the Laws of the Land, the Honor of the Parliament, and contrary to a good Conscience, forcibly entered into my house, and thence (after many threats and reproachful names (fit only to be used by Brothellers, and not persons professing themselves to be Christian Magistrates) expelled my ancient servant, taking and keeping possession of the same, as if he conceived that the single Order of the Committee of the Revenue would both in the Judgment of Parliament, and Eye of the Law, not only be equivolent to, but sufficient to destroy mine and my husbands ancient Right and Title to the Premises.
But maugre all his malice and cruelty; it shall never enter into my heart to beleeve, (notwithstanding by reason of some misapprehensions my husband be a prisoner under displeasure) That the Parliament can so far either forget my husbands faithful Services, large Contributions, and great losses, sustained by his acting with, and adhering to them, much less their own many frequent solemn Declarations, as to suffer him to be destroyed, either in his life, liberty, or estate, without, or contrary to Law, before he be convicted. For it is notoriously known, and ready to be proved,
1. That he hath not only adhered to the Parliament from the beginning, but layd out upon publique Service about three thousand pounds.
2. That he stands bound at this time for about five thousand pounds, taken up at Bristol for the Parliaments Service with Colonel Alexander Popham, for which he is dayly threatened to be sued.
3. That he hath lost above ten thousand pounds of his estate by the Enemy, but never had any reparation, or beneficial employment conferred on him in liew thereof.
Now, if after all my said husbands service and sufferings for the Parliament, together with the hard measure by him sustained, by reason of about twenty weeks imprisonment, upon a suggestion or supposition of a misdemeanor, although nothing material in Law can be proved against him, his estate also of inheritance, and my joynture shall be taken away by Order of a Committee upon the suit and request of Mr Edwards, (who, for ought I know, is a Conspirator against his life or liberty, and suggesteth matters against him, thereby to colour his wicked covetous proceedings. in getting and enjoying the said Office,) the Parliament shall not please upon this my Appeal to redress this crying grievance, suffering their own Honor, and the Subjects Propriety to be destroyed by Mr Humprey Edwards, (a person who attended the King unto the House, when he demanded the five Members,) contrary to all the known Laws of the Land, and their several Ordinances, Declarations, Remonstrances, and Acts, wherein they have solemnly engaged to preserve the same. I say (if notwithstanding all this) the Parliament shall permit mine and my husbands destruction in this way, let God and men judg whether the Laws of the Kingdom, or their many Promises, hold forth any security, but on the contrary discover the slavery that we are in, and are like to undergo through the exercise and exaltation of lawless will and pleasure, and neglect of the execution of those precious Conservators of the Lives, Liberties and Properties of the good People of this Nation, the established Laws, &c. For,
1. By the 29 Chapter of Magna Charta it is provided, That no man shall be disseized of his Free-hold, or Free-customs, or Birth-right, but by due course and process of Law, not upon Petition or Suggestion. See Sir Edward Cooks Exposition of Magna Charta, fol. 46. published for good Law by this present Parliament. So also the same Edw. Cook in his third part Institutes, Chap. 114. fol. 228. declares, That regularly the Goods of a Delinquent cannot be taken and seized before forfeiture; and in the same Chapter he draws these two principal Conclusions:
- 1. That before Indictment, the Goods, or other things, of any offender, cannot be searched, inventoried, or in any sort seized; nor after Indictment seized and removed, or taken away before conviction and retainder.
- 2. That the begging of the Goods or Estate of any Delinquent, accused or indicted of any Treason, Felony, or other offence, before he be convicted and attainted, is utterly unlawful: And he giveth these Reasons:
- 1. Because it maketh the prosecution against the Delinquent more precipitate, violent, and undue, then the quiet and equal proceeding of Law and Justice would permit. Or,
- 2. It occasioneth some under-hand Composition or Agreement thereby to stop and hinder the due course of Justice for the exemplary punishment of the offender.
- 3. It discourageth both Judg, Juror and Witness to do their duty.
And as it is contrary to Law, so it is derogatory unto the Honor of Parliament, all their Ordinances, Declarations, Remonstrances, and Acts, (wherein they have solemnly engaged to preserve unto the People their just Rights, in the Preservation of the established good old Laws and Customs of England, by themselves declared to be the Badges of our Freedom, especially those excellent Laws Magna Charta, and the Petition of Right, by themselves so called, in their Declaration of March, 1648. declaring the Reasons of their altering the present Government, as also their Declaration of Febr. 9. 1648. wherein they declare, that they are fully resolved to maintain, and shall and will uphold, preserve and keep the Fundamental Laws of this Nation, for, and concerning the preservation of the Lives, Properties and Liberties of the People, with all things incident thereunto: I say, all these solemn Declarations, by this Act of Mr Humphrey Edwards, upon pretence of an Order from the Committee of the Revenue, are rendered but a mockery and delusion: for if mine and my husbands just Right and Propriety to the said Office shall thus, by the Authority of the said Committee, be taken from us, (my husband having never yet received any Charge, (although two or three Goal Deliveries have been since his imprisonment, by which he ought to have been tryed, acquitted or condemned,) much less was ever convicted; or if he had, his Conviction could not forfeit my Interest and Right, which I had sixteen years before his supposed offence:) I say, if this shall be owned, or not remedied, and publiquely declared against by the Parliament, let God and good men judg, whether the good old Laws and Customs of the Nation be upheld, or our Lives, Liberties or Estates preserved.
But (notwithstanding the hard measure I have sustained in all the fore-going Premises) it shall not enter into my heart to believe, That the Parliament, which hath so frequently declared against▪ Tyranny, and so highly advanced Justice and Equity, not exempting the greatest, will either own, or permit so great a dishonor to themselves, or oppression to me: In the assurance whereof I am bold to present this my Appeal unto the Parliament, and every Member thereof;
Humbly praying, That the Order of the Committee of the Revenue for authorizing the said Humphrey Edwards to officiate in the said Office, may be by the Authority of Parliament annulled and declared against; and that I may be left unto the Law to obtain reparations of the said Mr Humphrey Edwards, as well for his Conspiracy against my husbands Life and Liberty, as for his riot and forcibly entery into my said house.