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cause_n	bishop_n	ecclesiastical_a	matter_n	1,671	5	5.5594	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

his Ward foure pence And that the Sheriffe under Sheriffe Sheriffes Clerke Steward or Bailiffe of Franchise servant or Bailiffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panell but foure pence and that the said Sheriffes and all other officers and Ministers aforesaid shall let out of prison all manner of persons by them or any of them arrested or being in their custody by force of any writ bill or warrant in any action personall or by cause of indictment of trespasse upon reasonable sureties of sufficient persons having sufficient within the counties where such persons be so let to bail or mainprise to keep their dayes in such places as the said writs Fitz N. B. fo 251. B. Plow fo 60. Coke l. 10. fo 101. 37. H. 6. fo 1. Plow fo 60. Dyer fo 118. 323. 364. 7. Ed. 4. fo 5. Coke li. 3. fo 59. li. 10. fo 99. Rast pla fo 371. 31. El. 9. Dyer fo 25. bels or warrants shall require Such person or persons which shall be in their Ward by condemnation execution Capiat utlagatum or excommunicatum surety of the peace and all such persons which be or shall be committed to ward by speciall commandement of any Iustices and vagabonds refusing to serue according to the forme of the Statute of Labourers only except And that no Sheriffe nor any of his officers or Ministers aforesaid shal take or cause to be taken or make any obligation for any cause aforesaid or by colour of their office but only to themselves of any person nor by any person which shall be in their Ward by the course of the law but by the name of their office and upon condition writen that the said prisoners shall appeare at the day contained in the said writ bill or warrant and in such places as the said writs bills or warrants shall require And if any of the said Sheriffes or other Officers or Ministers aforesaid take any obligation in other form by colour of their offices that it shall be void And that he shall take no more for the making of any such Obligation Warrant or precept by them to be made but foure pence And also that every of the said Sheriffes shall make yearly a deputy in the Kings Courts of his Chancery the Kings Bench the Common Place and in the Exchequer of Record before that they shall return any Writs to receive all manner of Writs and Warrants to be delivered to them And that all Sheriffes under Sheriffes Clerkes Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises or any other officers or ministers which doe contrary to this Ordinance in any point of the same shall loose to the party in this behalfe indamaged or grieved his treble damages and shall forfeit the summe of 40. l. at every time that they or any of them doe the contrary thereof in any point of the same whereof the King shall have the one halfe to be imployed to the use of his house and in no otherwise and the party that will sue the other halfe And that the Iustices of Assises in their Sessions Iustices of the one Bench and of the other and Iustices of the Peace in their County shall have power to enquire heare and determine of office without speciall Commission of and upon all them that doe contrary to these Ordinances in any article or point of the same And if the said Sheriffes return upon any person Cepi corpus or Reddidit se that they shall be chargeable to have the bodies of the said persons at the dayes of the returns of the said Writs Bills or Warrants in such form as they were before the making of this Act. The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise No Officer shall seise the goods of a prisoner untill he be attainted FOrasmuch as divers persons have been dayly arrested and imprisoned for suspection of Felony somtime of malice and sometime of a light suspection and so kept in prison without baile or mainprise to their great vexation and trouble Be it ordained and established by authority of this present Parliament that every Iustice of peace in every Shire City or Town shall have authority and power by his or their discretion to let such prisoners and persons so arrested to Baile or Mainprise in like forme as though the same prisoners or persons were indicted thereof of record before the same Iustices in their Sessions and that Iustices of Peace have authority to enquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony Rep. 3. H. 7. 3. 1. 2. P. M. 13. 7. H. 4. fo 47. 44. Ass Pl. 14. 43. Ed. 3. fo 24. Cook li. 1 fo 171. 26. Ass pl. 32. And that no Sheriffe under Sheriffe not Escheater Bailiffe of franchise nor any other person take or seize the goods of any person arrested or imprisoned for suspition of felony before that the same person so arrested and imprisoned be convicted or attainted of such felony according to the Law or else the same goods otherwise lawfully forfeited upon pain to forfeit the double value of the goods so taken to him that is so hurt in that behalfe by action of debt to be pursued by like processe judgement and execution as is commonly used in other actions of debt sued at the Common law And that no essoin or protection be allowed in any such action Nor that the defendant in any such action be admitted to wage or doe his Law I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867. And be it further inacted by authority aforesaid that if any person doe substract or withdraw any manner of tyths obventions profits commodities or other duties before mentioned or any part of them contrary to the true meaning of this act or of any other act heretofore made that then the party so substracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiastical court † † Suits for withholing of tyths shall bee in the Eccllesiasticall Court and no where else by the party from whom the same shal be substracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there heare and determine the same according to the Kings Ecclesiasticall Lawes And that it shall not be lawfull unto the Parson Vicar Proprietory Owner or other their Fermors or deputies contrary to this act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge than Ecclesiasticall And if any Arch-Bishop Bishop Chancellor or other Iudge Ecclesiasticall give any sentence in the foresaid causes of tithes obventions profits emoluments and other duties aforesaid or in any of them and no appeale

no prohibition hanging and the party condemned doe not obey the said sentence that then it shall be lawfull to every such Iudge Ecclesiasticall to excommunicate the said party so as afore condemned and disobeying in the which sentence of excommunication if the said party excommunicate wilfully stand and endure still excommunicate by the space of 40. dayes next after upon denunciation and publication thereof in the Parish Church or the place or Parish where the party so excommunicate is dwelling or most abiding the said Iudge Ecclesiasticall may then at his pleasure signifie to the King in his court of Chancery of the state and condition of the said party so excommunicate and thereupon to require processe De excommunicato capiendo to be awarded against every such person as hath been so excommunicate The 13. of Elizabeth Cha. 12. fol. 1099. Reformation of disorders in the Ministers of the Church THat the Churches of the Queens Majesties Dominions may be served with Pastors of sound Religion be it inacted by the authority of this Present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy word and Sacrament by reason of any other forme of institution Consecration 3. Ed 6. 12. 5. Ed. 6. 1. or ordering than the forme set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the reign of our most gracious Soveraign Lady before the feast of the Nativity of Christ next following shall in the presence of the Bishop or Guardian of the spiritualities of some one diocesse where he hath or shall have Ecclesiasticall living declare his assent and a a Dyer fo 377. subscribe to all the Articles of Religion which only concerne the confession of the true Christian faith and the doctrine of the Sacraments comprised in a book imprinted entituled Articles whereupon it was agreed by the Arch B●shops and Bishops of both Provinces and the whole Clergie in the Convocation holden at London in the yeare of our Lord God a thousand five hundred sixty and two according to the computation of the Church of England for the avoyding of the diversities of opinions and for the establishing of consent touching true Religion put forth by the Queens authority and shall bring from such Bishop or Guardian of spiritualties in writing under his seale authentick a testimoniall of such assent and subscription and openly on some Sunday in the time of some publique service afternoone in every Church where by reason of any Ecclesiasticall living he ought to attend read both the said testimonial and the said Articles upon pain that every such person which shall not before the said Feast doe as is above appointed shall be b b Cook l. 6. fo 29. ipso facto deprived and all his Ecclesiasticall promotions shall be void as if he then were naturally dead And that if any person Ecclesiasticall or which shall have Ecclesiasticall living shall advisedly maintaine or affirme any doctrine directly contrary or repugnant to any of the said Articles and being convented before the Bishop of the Diocesse or the Ordinary or before the Queens Highnesse Commissioners in causes Ecclesiasticall shall persist therein or not revoke his error or after such revocation eftsoones affirme such untrue doctrine such maintaining or affirming and persisting or such eftsoon affirming shall be just cause to deprive such person of his Ecclesiasticall promotions And it shall be lawfull to the Bishop of the Diocesse or the Ordinary or the said Commissioners to deprive such persons so persisting or lawfully convicted of such eftsoones affirming and upon such sentence of deprivation pronounced he shall be indeed deprived And that no person shall hereafter be admitted to any Benefice with Cure except he then be of the age of three and twentie years at the least and a Deacon and shall first have subscribed the said Articles in presence of the Ordinary and publikely read the same in the Parish Church of that benefice with declaration of his unfained assent to the same And that every person after the end of this Session of Parliament to be admitted to a benefice with Cure except that within two moneths after his induction he doe publiquely read the said Articles in the same Church whereof he shall have Cure in the time of Common Prayer there with declaration of his unfeined assent thereto and be admitted to minister the Sacrament within one yeare after his induction if he be not so admitted before shall be upon every such default ipso facto immediately deprived And that no person now permitted by any dispensation or otherwise shall retain any Benefice with cure being under the age of one and twenty years or not being Deacon at the least or which shall not be admitted as is aforesaid within one year next after the making of this act or within six moneths after he shall accomplish the age of 24. yeares on pain that such his dispensation shall be meerly void And that none shall be made Minister or admitted to preach or administer the Sacraments being under the age of 24. years nor unlesse he first bring to the Bishop of that Diocesse from men known to the Bishop to be of sound Religion a Testimoniall both of his honest life and of his professing the doctrine expressed in the said Articles nor unlesse he be able to answer and render to the Ordinary an accompt of his faith in Latine according to the said Articles or have speciall gift and ability to be a Preacher nor shall be admitted to the order of Deacon or Ministry unlesse he shall first subscribe to the said Articles And that none hereafter shall be admitted to any Benifice with Cure of or about the value of thirty pounds yearly in the Queens Books unlesse he shall then be a Batchelour of Divinity or a Preacher lawfully allowed by some Bishop within this Realme or by one of the Universities of Cambridge or Oxford And that all admissions to Benefices Institutions and inductions to be made of any person contrary to the forme or any provision of this Act and all tolerations dispensations qualifications and licences whatsoever to be made to the contrary hereof shall be meerly void in law as if they never were Provided alway that no title to conferre or present by a a Dyer fo 377. 346. 369. Co. ll 6. fo 29. lapse shall accrue upon any deprivation ipso facto but after six moneths after notiec of such deprivation given by the Ordinary to the Patron The 1. of Iames Chap. 10. fol. 1262. Nothing shall be taken for the report of a Case referred by any Court FOrasmuch as all exactions extortions and corruptions are odious and prohibited in all well governed Common-weales Be it inacted that no person to whom any order or cause shall be committed or referred by any of the Kings Iudges or Courts at Westminster or any

Chap. 3. The said Charters shall be read in Cathedrall Churches twice in the yeare ANd we will that the same Charters shall be sent under our Seale to Cathedrall Churches throughout our Ralme there to remain and shall be read before the people two times by the yeare 28. Ed. 3. 1. Chap 4. Excommunication shall be pronounced against the breakers of the said charters ANd that all Arch Bishops and Bishops shall pronounce the sentence of Excommunication against all those that by word deed or councell doe contrary to the foresaid Charters or that in any point break or undoe them And that the said curses be twice a yeare denounced and published by the Prelates aforesaid And if the same Prelates or any of them be remisse in the denunciation of the said sentences the Arch Bishops of Canterbury and Yorke for the time being shall compell and distrain them to the execution of their dutyes in forme aforesaid The 28. of Edward the 1. Chap. 1. fol. 80. A confirmation of the great Charter and the Charter of the Forest THat is to say That from henceforth the great Charter of the Liberties of England granted to all the Commonalty of the Realme and the Charter of the Forest in like manner granted shall be observed kept and maintained in every point in as ample wise as the King hath granted renewed and confirmed them by his Charters And that the Charters be delivered to every Sheriffe of England under the Kings Scale to be read foure times in the yeare before the people in the full County that is to wit the next County day after the Feast of St. Michael and the next County day after Christmas and at the next County after Easter and at the next County after the Feast of St. Iohn And for these two Charters to be firmely observed in every point and article where before no remedy * * Chap. 8. and 13. was at the Common Law there shall be chosen in every Shire Court by the Commonalty of the same Shire three substantiall Men Knights or other lawfull wise and well disposed persons which shall be Iustices sworne and assigned by the Kings Letters Patents under the great Scale to heare and determine without any other Writ but only their Commission such Plaints as shall be made upon all those that commit or offend against any Point contained in the foresaid Charters in the Shires where they be assigned as well within Franchises as without And as well for the Kings Officers out of their places as for other and to heare the Plaints from day to day without any delay and to determine them without allowing the delayes which be allowed by the Common Law And the same Knights shall have power to punish all such as shall be attainted of any Trespasse done contrary to any point of the foresaid Charters where no remedy was before by the Common Law as before is said by Imprisonment or by ransome or by Amerciament according to the Trespasse c. The 28 of Edward the 1. Chap. 8. fol. 83. The Inhabitants of every County shall make choise of their Sheriffes being not of Fee Stat. 9. E. 2. Stat. 14 E. 3. 7. 28. Ed. 1. 1. THe King hath granted unto his people that they shall have election of their Sheriffes in every Shire where the Shrivalty is not of fee if they lift Chap. 13. The 28. of Edward the 1. Chap. 13. fol. 83. What sort of persons the Commons of Shires shall chuse for their Sheriffes ANd for as much as the King hath granted the election of Sheriffes to the Commons of the Shire the King will that they shall chuse such Sheriffes that shall not charge them and that they shall not put any Officer in authority for rewards or bribes And such as shall not lodge too oft in one place nor with poore persons or men of religion St. 9. E. 2. The Statute of Sherifes The 34. Edward the 1. Chap 4. fol. 91. All Lawes Liberties and Customes confirmed WE will and grant for us and our heires that all Clerkes and lay men of our land shall have their lawes liberties and free Customes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our ancestors or any customes brought in contrary to them or any manner article contained in this present Charter we will and grant that such manner of statutes and customes shall be void and frustrate for evermore The 34. of Edward the 3. Chap. 6 fol. 92. The curse of the Church shall be pronounced against the breakers of this Charter ANd for the more assurance of this thing we will and grant that all Arch Bishops and Bishops for ever shall read this present Charter in their Cathedrall Churches twice in the year and upon the reading hereof in every of their Parish Churches shall openly denounce accursed all those that willingly doe procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witnesse of which thing we have set our Scale to this present Charter together with the Seales of the Arch Bishops Bishops c. which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all causes and articles and shall extend their faithfull aid to the keeping thereof c. The 1. of Edward the 3. Chap. 5. fol. 115. None shall be compelled to goe to war out of the Shire where he dwelleth But c. ITem the King will that no man from henceforth shall be charged to arme himself otherwise then he was wont in the time of his progenitors Kings of England And that no man be compelled to goe out of his shire but where necessity requireth and suddain comming of strange enemies into the Realme And then it shall be done as hath been used in times past for the defence of the Realme St. 15. Ed. 3. 7. St. 4. H. 4. 13. 25. Ed. 3. 8. The 2. Edward the 3. Chap. 8. fol. 118. No commandement under the Kings seale shall disturb or delay justice ITem it is accorded and established that it shall not be commanded by the great Seale nor the little Seale to disturb or delay common right and that though such commandements do come he Iustices shall not therefore leave to doe right in any point St. 9. H. 3. 29. St. 5. Ed. 3. 9. St. 14. Ed. 3.14 The 4. of Edward the 3. Chap. 2. fol. 120. The authority of Justices of Assise Gaole delivery and if the peace ITem it is ordained that good and discreet persons other then of the places if they may be found sufficient shall be assigned in all the Shires of England to take Assises Iuries and certifications and deliver the Gaoles And that the said Iustices shall take the Assises Iuries and certifications and deliver the Gaols at the least three

other Court shall directly or indirectly or by any art shift colour or device have take or receive any money fee reward covenant obligation promise agreement or any other thing for his report or Certificate by writing or otherwise upon pain of the forfeiture of 100. l. for every such Report or Certificate and to be deprived of his office and place in the same Court the one moity of the said forfeitures to be our Soveraign Lord the King his heires and successors the other moity to the party grieved which will sue for the same at any time during the said suit or within one yeare after the same cause discontinued or decreed and in his default of such suit to him or them that will sue for the same by originall Writ Bill plaint or Information in his Majesties high Court of Star Chamber or in any his Majesties Courts of Record at Westminster in which suit by Writ Bill plaint or Information no wager of Law Essoin Priviledge Supersedeas Protection or any other delay shall be suffered or admitted Provided neverthelesse that it shall be lawfull for the Clerke to take for his paines for writing of every such Report or Certificate 12. d. for the first side and 2. for every side after and no more upon paine to forfeit 10. s. for every peny taken over and above the said summe to be had and recovered as aforesaid Having given you the most materiall Statutes that I conceive at present makes for your most advantage that I can find in the Statutes at large I shall here insert three or foure Statutes made this present Parliament that in my judgement is extraordinary well worth your knowledge and understanding the first thus followes Anno 17. Caroli Regis An Act for regulating of the Privie Councell and for taking away the Court commonly called the Star Chamber WHereas by the GREAT a a 9. H. 3. 29. CHRTER many times confirmed in Parliament It is inacted that no freeman shall be taken or imprisoned or disseised of his free hold or Liberties or free Customes or be Outlawed or exiled or otherwise destroyed and that the King will not passe upon him or condemne but by lawfull judgement of his Peers or by the Law of the Land And by another Statute made in the b b 5. E 3. 9. fifth yeare of the Reigne of King Edward the third It is inacted That no man shall be attached by any accusation nor fore-judged of life or lim nor his Lands Tenements Goods nor Chattels seised into the Kings hands against the forme of the GREAT CHARTER and the law of the land And by another Statute made in the five and twentieth year c c 25 E. 3. 4. of the reigne of the same King Edward the third It is accorded assented and established that none shall be taken by petition or suggestion made to the King or to his Councell unlesse it be by Indictment or Presentment of good and lawfull people of the same Neighbourhood where such deeds be done in due manner or by Processe made by Writ originall at the Common Law and that none be put out of his Franchise or Free-hold unlesse he be by duty brought in to answer and fore-judged of the same by the course of the Law and if any thing be done against the same it shall be redressed and holden for none And by another Statute made in the 28 year d d 28. E. 3. 3. of the Reign of the same King Edward the third It is amongst other things inacted that no man of what estate or condition soever he be shall be put out of his Lands or Tenements nor taken nor imprisoned nor disinherited without being brought in to answer by due processe of Law And by another Sta●●te made in the 42. yeare e e 42. Ed. 3. 3. of the Reign of the said King Edward the third It is enacted that no man be put to answer without presentment before Iustices or matter of Record or by due Processe and Writ originall according to the old Law of the Land and if any thing be done to the contrary it shall be void in Law and holden for error And by another Statute made in the 36. year of f f 36. Ed. 3. the same King Edward the third It is amongst other things inacted That all Pleas which shall be pleaded in any courts before any the Kings Iustices or in his other places or before any of His other Ministers or in the Courts and places of any other Lords within the Realm shall be entred and enrolled in Latine And whereas by the Statute made in the third yeare of King Henry the seventh power is given to the Chancellour the Lord Treasurer of England for the time being and the Keeper of the Kings Privie Seale or two of them calling unto them a Bishop and a Temporall Lord of the Kings most honourable Councell and the two chiefe Iustices of the Kings Bench and common Pleas for the time being or other two Iustices in their absence to proceed as in that Act is expressed for the punishment of some particular offences therein mentioned And by the Statute made in the one and twentieth yeare of King Henry the eighth The President of the Councell is associated to ioyne with the Lord Chancellour and other Iudges in the said Statute of the third of Henry the seveth mentioned But the said Iudges have not kept themselves to the points limited by the said Statute but have undertaken to punish where no law doth warrant and to make Decrees for things having no such authority and to inflict heavier punishments then by any law is warranted And forasmuch as all matters examinable or determinable before the said Iudges or in the Court commonly called the Star-Chamber may have their proper remedy and redresse and their due punishment and correction by the Common Law of the Land and in the ordinary course of justice elsewhere And forasmuch as the reasons and motives inducing the erection and continuance of that Court doe now cease and the proceedings Censures and Decrees of that Court have by experience been found to be an intolerable burthen to the Subiect and the meanes to introduce an Arbitrary power and Government And forasmuch as the Councell Table hath of late times assumed unto it self a power to intermeddle in Civill causes and matters only of private interest between party and party and have adventured to determine the Estates and Liberties of the Subiect contrary to the Law of the Land and the rights and priviledges of the Subiect by which great and manifold mischiefes and inconveniencies have arisen and hapned and much incertainty by meanes of such proceedings hath been conceived concerning mens rights and estates For setling whereof and preventing the like in time to come Be it Ordained and Enacted by Authority of this present Parliament That the said Court commonly called the Star-Chamber and all Iurisdiction power and authoritie belonging unto or exercised in

by the prime Laws of reason and nature which are the Lawes of God it is lawful for a men to defend himself against an uniust power so he keep due distance so that if they will have your goods let them distraine for them and then you may replivie them and thereby at law try the title of their right and if they will imprison your person goe not but by force and be sure to stand upon the legallity of the warrant which that you may fully and truly understand the forme of it I shall give you at large the words of Sir Edward Cook in the 2. part of his institutes fol. 590 591 592. published by the Parliaments own authority for good law who being expounding the Statute of breaking prison made in the first E. 2. upon the words without cause c. fo 590. expresly saith this act speaking of a cause is to be intended of a lawfull cause and therefore false imprisonment is not within this act Imprisonment is a restraint of a mans liberty under the custodie of another by lawfull warrant in deed or in law lawfull warrants when the offence appeareth by matter of record or when it doth not appeare by matter of Record By matter of Record as when the party is taken upon an Jndictment at the suit of the King or upon an appeale at the suit of the party when it doth not appeare by matter of Record as when a felony is done and the offender by a lawfull Mitrimus is committed to the Gaole for the same But between these two cases there is a great diversitie for in the first case whether any felony were committed or no If the offender be taken by force of a Capias the warrant is lawfull and if he break prison it is felony albeit no felony were committed But in the other case if no felony be done at all and yet he is committed to prison for a supposed Felony and break prison this is no felony for there is no cause And the words of this Act † † See Magna Charta Chap. 29. are unlesse the cause for which he was taken require such a iudgment so as the cause must be just and not feigned for things feigned require no judgement If A. give B. a mortall wound for which A. is committed to Prison and breaketh prison B. dyeth of the wound within the yeare this death hath relation to the stroke but because relations are but fictions in Law and fictions are not here intended this escape is no felony 11. H. 4 11. Plowd com 408. Coler case Seeing the weight of this businesse touching this point to make the escape either in the party or in the Gaolers felony dependeth upon the lawfulnesse of the Mittimus it will be necessary to say somewhat hereof First it must be in writing in the name and under the seale of him that make the same expressing his office place and authority by force whereof he maketh the Mittimus and is to be directed to the Gaoler or keeper of the Gaole or prison Secondly it must containe the case as it expresly appeareth by this * * 25. E. 3. f 42 B. Coron 134. 32. li. 3. Co●er 248. 9. E. 4. f. 52. Act unlesse the cause for which he was taken c. but not so certainly as an Indictment ought and yet with such convenient certainty as it may appeare judicially that the offence require such a iudgement as for high treason to wit against the person of our Lord the King or for the counterfeiting of the money of our Lord the King or for petty treason namely for the death of such a one being his master or for felony to wit for the death of such a one c. or for Burglary or Robbery c. or for felony for stealing of a Horse c. or the like so as it may in such a generality appeare judicially that the offence requires such a judgement And this is proved both by reason and authority By reason first for that it is in case of fellony which doth induce or draw on the last punishment and therefore ought to have convenient certainty as it is aforesaid Secondly Also it must have convenient certainty for that a voluntary escape is felony in the Gaoler Thirdly If the Mittimus should be good generally for felony then as the old rule is the ignorance of the Judge should be the calamity of the innocent for the truth of the case may be that he did steale Char●ers of Land or wood growing or the like which in law are no felonies and therefore in reason in a case of so high nature concerning the life of man the convenient certainty ought to be shewed By Authority the constant forme of the Jndictment in that case forescape either by the party or voluntarily suffered by the Gaoler is That he was arrested for suspition of a certaine felony namely for the death of a certain man M. N. feloniously slaine or the like for the Indictment must rehearse the effect of the Mittimus which directly proveth that the cause in such a generall certainty ought to be shewed vid. 23. E. 3. fo 48. And if a man be indicted of treason or indicted or apealed for felony the Capias therupon wherby the p●rty is to be arrested comprehendeth the cause and therefore much more the Mittimus whereby the party is to be arrested having no such ground of Record as the Capias hath must pursuing the effect of the Capias comprehend the case in convenient certainty 2● E. 3. fol. 42. pl. 32. there ought to be a certain cause and in the same leafe pl. 35. in case of breaking of prison the cause of the imprisonment ought to be shewed If a man be indicted that he break prison felon●ously c. generally 9. H. 4. f. 26 41. ass 5. 22. E. 3. Coron 242 243 248. 43. E. ibid. 424. 3. E. 3. ibid. 312. 328. 333 345. 346. 2. E. 3. fo 1. 26. ass 51. 22. E. 3. 13. 27. ass 42. 27. ass pag. 116. 15. E. 2. Coron 38. 9. H. 4. 1. 10. H. 4. 7. 11. H. 4. 11. 8. E. 2. Coron 422. 430. 431. 27. H. 6. 7. 39. H. 6. 33. ● R. 3. cap. 3. 2. H. 5. cap. 7. 21. H. 7. 17. it is not good for the indictment ought to rehearse the specially of the matter according to the estatute that he being imprisoned for felony c. brake Prison We have quoted many other books which though they bee not so certainly reported as might have bin wished yet the judicious Reader will gather fruit of them But see before the exposition of Magna Charta cap. 29. by the Law of the Land and observe wall the Writ of Habeas Corpus for a direct proofe that the cause ought to be shewed Lastly see hereafter in the exposition of the Statute of Articuli cleri the resolution of all the Judges of England the answer to the ●● and 22. objections which