“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. This is contrary to your own Laws likewise, for in 28 Edward I. chapter ii. there is freedom given to a man to speak for himself, or else he may choose his father, friend or neighbour to speak for him, without the help of any other Lawyer.

“Fourthly, You have granted a judgement against us, and are proceeding to an execution, and this is contrary likewise to your own laws, which say that no plaint ought to be received or judgement passed, till the cause be heard, and witnesses present, to testify the plaint to be true, as Sir Edward Coke, 2nd part of Institutes upon the 29 chap. of Magna Charta, fol. 51-53. The Mirror of Justice.”

Then, as if ashamed of appealing to mere conventional man-made Laws, he at once acknowledges what he and his comrades have done, and justifies their action in the following dignified words:

“But that all men may see that we are neither ashamed nor afraid to justify that cause we are arrested for, neither to refuse to answer to it in a righteous way, therefore we have here delivered this up in writing, and we leave it in your hands, disavowing the proceedings of your Court, because you uphold prerogative oppression, though the kingly office be taken away, and the Parliament hath declared England a Common-wealth, so that prerogative cannot be in force, unless you be besotted by your covetousness and envy.

“We deny that we have trespassed against those three men, or Mr. Drake either, or that we should trespass against any, if we should dig up and plough for a livelihood upon any of the waste land in England. For thereby we break no particular Law made by any Act of Parliament, but only an ancient custom bred in the strength of kingly prerogative, which is that old Law or Custom by which Lords of Manors lay claim to the Commons, which is of no force now to bind the people of England, since the kingly power and office was cast out. And the Common People who have cast out the oppressor, by their purse and person, have not authorised any as yet to give away from them their purchased freedom; and if any assume a power to give away or withhold this purchased freedom, they are Traitors to this Common-wealth of England; and if they imprison, oppress, or put to death any for standing to maintain this purchased freedom, they are murderers and thieves, and no just rulers.

“Therefore in the light of Reason and Equity, and in the light of the National Covenant which Parliament and People have taken with joint consent, all such prerogative customs, which by experience we have found to burden the Nation, ought to be cast out with the kingly office, and the Land of England now ought to be a Free Land and a Common Treasury to all her children, otherwise it cannot properly be called a Common-wealth.”

He then continues:

“Therefore we justify our act of digging upon that Hill to make the Earth a Common Treasury. First, because the Earth was made by Almighty God to be a Common Treasury of Livelihood to the whole of mankind in all its branches, without respect of persons.... Secondly, because all sorts of people have lent assistance of purse and person to cast out the kingly order as being a burden that England groaned under. Therefore those from whom money and blood were received, ought to obtain freedom in the Land to themselves and posterity, by the Law of Contract between Parliament and People. But all sorts, poor as well as rich, Tenant as well as Land Lord, have paid taxes, free-quarter, excise, or adventured their lives to cast out the kingly office. Therefore all sorts of people ought to have freedom in this the Land of their Nativity, without respecting persons, now that kingly power is cast out by their joint assistance.... Therefore, in that we do dig upon that Hill, we do not thereby take away other men’s rights, nor demand of this Court, nor from the Parliament, what is theirs and not ours. But we demand our own to be set free to us, and to them, out of the tyrannical oppression of ancient customs of kingly prerogative; and let us have no more gods to rule over us, but the King of Righteousness only.