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HISTORICAL

Collections

FROM

The Year 1628. to the
Year 1638.

Abridg'd and Improv❜d.

VOL. II.

LONDON,

Printed in the Year M. DCC. VI.

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THE

PREFACE

I

Have nothing to acquaint the Reader with, in refpect to the Second and the following Volumes of this Work, but this: That tho 'twas judg'd neceffary in the First Volume only to abridg Mr. Rufhworth, whofe Performance, as to that Period of Time, was carefully and judiciously done, thro the affiftance he met with from another Hand; yet his other Volumes are fo immethodical and imperfect in comparison of the First, that I have bin forc'd to have recourse to feveral other Authors, to fupply his Defects, which have fometimes happen'd where important Subjects have bin handled; as particularly in the noted Cafe of Prynn, Burton and Baftwick in the Starchamber, which with fome others have been supply'd from loofe Traits, that often give a more particular account than is to be met with elsewhere. As to the Scotch Affairs, which grew very troublesom in 1638. and indeed drew on all the Misfortunes that befel thefe Nations afterwards, I mast

A 2

acknow

acknowledg my felf much beholden to the Me moirs of the Duke of Hamilton.

1fban't go on with Remarks on the late publib'd Hiftory of the Rebellion and Ċivil Wars in England, as I begun in the Preface to my first Volume (not but God knows there's room enough for 'em) the Subject being little too unpleasant; but I defire all thofe Gentlemen, who are fo fond of that Hiftory, that as they run it over, they would compare it with thefe Collections, wherein they have only Matter of Fact, and I doubt not but they'l foon perceive how much a bad Caufe may be fet off by fine Colours and falfe Gloffes, especially if adorn'd with a manly Stile.

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Hiftorical Collections,

Abridg'd and Improv'd.

VOL. II.

Anno 1628. 4 Car.

T

HERE being fome Tranfactions relating
to the Years 1628, 1629. omitted in the
former Volume, we have here inserted
them, and fhall begin with feveral Argu-
ments at the Commons Committee of the

whole Houfe, 3 Car, concerning Martial Law.
Whether in cafe of an Invafion, and where the Mr. Banks
King marcheth with an Army, Martial Law may then afterward
Ch. Justices
be executed, is not now the Question; but whether
Commiffions for Martial Law may be awarded in
time of Peace, and I hold fuch a Commiffion is against
Law: And the Opinion objected out of 6 H. 8. in
Kellway's Reports, where it is faid, Fineux told H. 8.
It belong'd to the Law of Arms to determine that
Power, is no Law. For the common Law regulates in
what cafes Commiffions ought to be awarded, tho it
bath no Jurifdiction in them: If the Admiral Court,
or Court Martial, take Cognizance of Causes that be
long to the Common Law, the Common Law grants
Prohibitions; and tho it doth not define the Law of

B

Armis,

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