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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40946 Pluto furens & vinctus, or, The raging devil bound a modern farse / Per Philocomicum. Carr, William.; Fitton, Alexander, Sir, d. 1699. 1669 (1669) Wing F4A; ESTC R9119 31,531 69

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good governance of the Commons That no man be put to answer without presentment before Iustice● or matter of Record or by due Process and Writ Original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Error But this is better in the Parliament Roll where the Petition and Answer which makes the Act are set down at large 42 E. 3 Rot. n. 12. The Petition Item Because that many of your Commons are hurt and destroyed by false Accusers who make their accusations more for their revenge and particular gain then for the profit of the King or his people and these that are accused by them some have been taken and others are made to come before the Kings Council by Writ or other Commandment of the King upon grievous pains contrary to the Law That it would please our Lord the King and his good Council for the Iust government of his people to ordain That if hereafter any accuser purpose any matter for the profit of the King that the same matter be sent to the Justices of the one Bench or the other or the Ass●zes to be enquired and determined according to the Law And if it c●ncern the accuser or party that he take his suit at the Common Law and that no man be put to answer without presentment before Iustices or matter of Record or by due Process and original Writ according to the antient Law of the Land And if any thing hence forward be done to the contrary that it be void in Law and held for Error Here by due Process and Original Writ according to the ancient Law of the Land is meant the same thing as Per Legem Terrae in Magna Charta and the abuse was That they were put to answer by Commandment of the King The Kings Answer is thus Because that this Article is an Article of the Grand Charter the King will that this be done as the Petition doth demand By this appeareth that Per Legem Terrae in Magna Charta is meant by due Process of the Law Thus your Lordships have heard Acts of Parliament in the point but the Statute of Westminster the first cap. 15. is urged to disprove this opinion where it is expresly said That a man is not Replevisable who is committed by the command of the King therefore the Command of the King without any cause shewed is sufficient to commit a man to prison And because the strength of the Argument may appear and the Answer be better understood I shall read the words of that Statute which are thus And forasmuch as Sheriffs and others which have taken and kept in prison persons detected of felony and oftentimes have let out by Replevin such as were not Replevisable and have kept in prison such as were Replevisable because they would gain of the one party and grieve the other And forasmuch as before this time it was not certainly determined what persons were repleviable and what not but only those that were taken for the death of a man or by Commandment of the King or of his Iustices or for the Forrest It is provided and by the King commanded that such prisoners as before were outlawed and they which have abjured the Realm provors and such as be taken with the manner and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by provors so long as the provors be living if they be not of good name and such as be taken for burning of houses feloniously done or for false money or for counterfeiting the Kings Seal or persons excommunicate taken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by Common Writ or without Writ but such as be indicted of Larceny by Inquests taken before Sheriffs or Bayliffs by their office or of light suspition or for petty Larceny that amounteth not above the value of twelve pence if they were not guilty of some other Larceny aforetime or guilty of receipt of felons or of commandment or force or aid in felony done or guilty of some other trespasses for which one ought not to lose life or member And a man appealed by a provor after the death of the provor if he be no common thief nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be answerable and that without giving ought of their goods And if the Sheriff or any other let any go at large by Surety that is not Replevisable if he be Sheriff or Constable or any other Bayliff of Fee which hath keeping of Prisons and thereof be attainted he shall lose his Fee and Office for ever And if the under-Sheriff Constable or Bayliff of such as hath Fee for keeping of Prisons do it contrary to the will of his Lord or any other Bayliff being not of Fee they shall have three years imprisonment and make a Fine at the Kings pleasure And if any withhold prisoners Replevisable after that they have offered sufficient Surety he shall pay a grievous Amerciament to the King And if he take any reward for the deliverance of such he shall pay double to the prisoner and also shall be in the great mercy of the King Pluto Dam me this is a damn'd Argument I do not like it for by this I find I have run into a Praemunire for keeping Coffophilo and his Brother in Prison under Shackles and keeping guard in his house neither can you Gentlemen keep your plunder by this Argument to try by Peers Why there was never the peer of this Shackles Pray Sir who shall Captain Bub and Brandy and my self keep harmless I find the Proverb true He that is born to be hang'd shall never be boyl'd in Oyl Brandy Will swearing do no good to hang this Coffo-philo Pluto Peace Gentlemen we shall have need of all your swearing Oh that a Jury would believe here are arrant Knights of the Post stand to it Shackles you shall all swear and be d Bub. T is true Post Practice you swore home to hang your Country-men when they were for the King at the rising in Lincolnshire Pluto No rubbing of old sores Gentlemen here is a new Ulcer will want curing Bishop Do not quarrel Gentlemen I 'le teach you your Neck-verse Would to Heaven I might have the favour to read mine Such of you as are without benefit of my Function as some of you are and therefore I will make you Paper Wills that shall last seventeen year in the lining of a doublet Pluto Practise Pray read that damn'd Statute against Captains cousening and defrauding their Prince and Souldiers there is two of them read them both the one of Henry the Seventh and the other of Henry the Eighth Pract. I will Anno tertio Hen. 8 cap. 5. Forasmuch as the King our Soveraign Lord