Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	great_a	king_n	kingdom_n	4,596	5	5.5955	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

JUDGES JUDGED out of their own mouthes OR The QUESTION Resolved by MAGNA CHARTA c. Who have been Englands Enemies Kings Seducers and Peoples Destroyers from Hen. 3. to Hen. 8. and before and since Stated by Sr. EDVVARD COKE Kn ● late L. Chief Justice of England Expostulated and put to the Vote of the People by J. JONES Gent. Whereunto is added Eight Observable Points of Law Executable by Justices of Peace Abusum ego non usum forensem damne Ex legibus illis quae non in tempus aliquod sea perpetuâ utilitatis causâ in aeternum latae sunt null abrogari debet nisi quam aut u sus ceärguit aut status aliquis Reipublica inutilem fecit Tit. Liv. lib. 4. dec 4. LONDON Printed by W. Bently and are to be sold by E. Dod and N. Ekins at the Gun in Ivy-Lane MDCL To the Right HONOURABLE HONOURABLE Right WORSHIPFULL And Well-beloved the COMMONS and PEOPLE of England Universally BEcause Magna Char. Printed in English An. 1564. and bound up with other Statutes at large too Voluminous and costly for the generality to read or buy doth yield less profit than hath been long necessary I have presumed at the instance of some to Dedicate this Treatise to you all as it concerneth the good of all that be or would be good the hurt of none that have left any unhurt wherein you shall find so many Chap. of Mag. Char. Confir Char. Art super Char. and other Statutes at large corroborating the same and the L. C. Exposition thereupon with some Expostulations and Queres of mine own as I thought requisite or convenient for these times The rest of the Charter concerning the Church yet unsetled or the Kings Tenures otherways disposed of I have omitted as useless desiring that thus much may prove useful to all undertakers of Reformation as well Martial as Civil Whose Servant to my power I shall ever be and continue with due faithfulness and humility Jo. Jones The Great CHARTER of the LIBERTIES of ENGLAND Granted to the People of the same By King HENRY the third And accorded between him and them in diverse full Parliaments as followeth viz. HENRY by the Grace of God King of England Lord of Ireland Duke of Normandie and Guyen and Earl of Angeow To all Arch-Bishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers And to all Bailiffs and our faithfull Subjects which shall see this present Charter greeting Know ye that We to the honour of Almightie God and for the salvation of the souls of our Progenitours and Successours Kings of England to the advancement of holy church and amendment of our Realm of England of Our meer free will have given and granted to all Arch-Bishops Bishops Abbots Priors Earls Barons and to all Free-men of this Realm of England for evermore First We have granted to God and by this present Charter have confirmed for Vs Cap. 1. Liberties and our Heirs for evermore That the church of England shall be free and shall have all her whole rights and liberties inviolable We have granted also and given to all Free-men of our Realm for Vs and Our Heirs for evermore these Liberties under-written to have and to hold to them and to their heirs of Vs and Our heirs for evermore Here be four rehearsals saith the Lord Coke of four notable causes of the making this Law Lord Coke upon Mag. Chart. Fol. 1. First for the honour of God Secondly for the health of the Kings soul Thirdly For the exaltation of the church Fourthly for the amendment of the Kingdom And all granted to all subjects and their heirs from the King and his heirs for evermore That the great Charter might live and take effect in all successions of ages for ever Expost and Quer. The last of these causes which the L. C. in his Preamble calleth the ends for which this Charter was made being for the amendment of the Realm was saith the L. C. upon the first chapter of confirmatio Chart. fol. 529. to amend great mischiefs and inconveniences which oppressed the whole Realm before the making of both Charters viz. This and the Charter of the Forrest which saith the L. C. in his Preface were declarative Acts of the old Common-Law of the Land and no introductives of any new Law If the mischiefs and inconveniencies of the Realm were great before the said Acts were made to declare the Laws of the land which formerly the lawyers reserved to themselves till then undeclared Were there not greater since those Acts were made and the Lawes thereby declared and since the accord of King and People to keep the same inviolable when and as often as they were violated by Kings and their Counsel learned in the Laws As hereafter shall appear We Cap. 8. Debt Debtors Suerties nor Our Bailiffs shall not seise any lands or rent for any debt as long as the present goods and chattels of the debtors do suffice to pay the debt and the debtor himself be ready to satisfie Therefore shall neither the pledges of the debtor be distrained as long as the principle debtor is sufficient for payment of the debt and if the principal debtor fail in paiment of the debt haveing nought wherewith to pay or will not where he is able enough Then the pledges shall answer for the debt and if they will they shall have the lands and rents of the debtor until they be satisfied of that which they before paid for him except that the debtor can shew himself to be acquitted against the suerties We saith the Lord Coke spoken in the politique capacitie of a King L. Coke upon M. C. fol. 19. extendeth to his Successours And by Bailiffs are meant Sheriffs who write Baliva mea c. And by the words shall not seiz is expressed the Kings Grace who by the Common-Law had Execution against his Debtors bodies lands and goods And by the Statute of 33. Hen. 8. cap. 9. The Sheriff is to inquire c. and to extend all Lands Goods Chattels c. and 〈◊〉 take and imprison the Bodies as by that Stat. appeareth and as the daily practice sheweth Expost and Quer. If We extend to Successors even to King Hen. 8. Why not longer If Magna Charta was to live for ever Why not hitherto If the King of his Grace remitted by this Act the execution which the Common Law gave him before against his Debtors Bodies Lands and Goods in case of having nought wherewith to pay through decay of their estates by unavoidable necessities then the Kings Debtors obtained of the Kings Grace as much Liberty for their bodies as this King gave to all his free subjects by the 29th of this Act viz. No Free man c. And for his Estate as much as the proverb saith Where nothing is to be bad the King looseth his due If the King did not remit so much by this Act then did he gain thereby more

than he gave contrary to the opinion of all Lawyers that say All Acts of Parliament are to be expounded for the benefit of the Subject And what and how did he gain but contrary to his Honour much more to his Grace when two more of his subjects were hedged in by this Act as Pledges to pay for his undone Debtor and to undoe themselves and their families by the bargain And their estates being too little to pay their own debts their Creditours must see the King first served our of the same to their no small prejudice if not undoing whereby many are injured through one mans occasion If therefore this Act ought to be construed for the honour of the King and benefit of the subject as I believe it ought and the L. C. saith others have thought so it followeth That the Statute of the 33. Hen. 8.9 was made as many more were before and since against Mag. Chart. and not onely against Kings honour and grace but also their Oathes to the undoing of multitudes of their subjects which was ungracious for their Counsel learned in the Laws to give advice or assent to the making such Laws or when made to allow them much more to maintain them being that all Judges are to receive Mag. Chart. for a Plea against all Statutes made against it And all Judgements given against Mag. Chart. are and ought to be void as appeareth in the L. C. preamble And all such Statutes as were made before the 42. of Ed. 3. against Mag. Chart. were then replealed and as I conceive all made so since are repealed by the Petition of Right 3. Car. that restored Mag. Char. to its primitive vigor and consequently enervated all its opponents The City of London shall have the old Liberties Cap. 9. London c. and customs which it hath been used to have Moreover We will and grant that all other Cities Burroughs Towns and the Barr ons of the five Ports and all other Ports shall have their Liberties and Free-customs This Chapter saith the Lord Coke is excellently interpreted by an ancient Author quoting the Mirrour in the Margent who saith L. C. upon M. C. fol. 20. that by this Chapter the Citizens of London ought to have their Franchizes whereof they are inheritable by loyal Title of the gift and confirmation of the Kings which they have not forfetted by any abuse and that they shall have their Franchizes and Customes which are sufferable by right and not repugnant to law And the same interpretation serveth for the Cinque-ports and other places Expost and Quer. Doth not this Charter and chapter sufficiently declare and Lawyers though unwillingly yet plainly confess that London and the rest had old Liberties and customes and that they are inheritable thereof and ought still to have the same so long and so far as not repugnant to Law which I conceive to be this Law and not any that have been made since against it And do not the several Charters of London and other Cities and Towns obtained since this Law declare further what those Liberties and Customs were And if the Kings learned Councel have consented that he should grant or Professors of the Law advised Londoners or any other Citizens to ask things repugnant to this Law and prevailed with both parties Have they not misled both parties And though they have so done often yet in this case doth not the Statute of the 19th of Henry 7. chap. 7. help the offendors with less danger than the forfeiture of their Customs and Liberties if they offend especially but in those points which their lawyers so much misadvised them to ask and the Kings him to grant Common-Pleas shall not follow Our Court Ca. 11. Common Pleas. but shall be holden in some place certain Before this Statute saith the Lord Coke Common-Pleas might have been holden in the Kings-Bench L. C. upon M.C. fol. 22 23. and all Writs returnable unto the same Bench And because the Court was holden coram Rege and followed the Kings Court and removable at the Kings will the Returns were Ubicumque suerimus in Angliâ whereupon many discontinuances ensued and great trouble of Jurors charges of Parties and delay of Justice for this cause this Statute was made c. And Pleas of the Crown were divided into high Treason Misprision of Treason Petty Treason Fellony c. and limited to this Court because contrà coronam dignitatem c. So that of these the Lord Coke saith the Common-Pleas cannot hold Plea But to shew that Common-Pleas may be holden in the Kings-Bench he saith That the King is out of this Statute and may sue in that Court Secondly if a man be in Custodia any other may lay upon him any Action of debt covenant or the like personal Action because that he that is in Custodia ought to have the priviledge of that Court And this Act taketh not away the Priviledge of any Court. Thirdly any Action that is Quare vi Armis where the King is to have a Fine may be sued in this Court Fourthly Replevins may be removed thither Fifthly saith the Lord Coke Albeit originally the Kings-Bench be restrained by this Act to hold Plea of any Real action yet by a mean they may as when removed by writ of Error from Common-Pleas thither for necessitie lest any party that hath right should be without remedie or that there should be a failer of Justice and therefore Statutes are alwaies to be expounded so that there should be no failer of Justice Expost and Quer. Do not the L. C. words viz. Before this Statute c. imply that after the Statute Common-Pleas ought not to be holden in the Kins-Bench nor all Writs be returnable into the same Beach Doth the Register or Natura brevium therefore shew any Writ for debt returnable to the Kings-Bench Doth not Fitz. H. natura brevium fol. 119. h. k. declare that there is no Writ in Law for debt but a Justicies which is a judicial Commission to the Sheriff to determine the matter Nè amplius indè clamorem audiamuus So that the Kings-Bench ought not to be troubled with the matter at all or if an Original returnable to the Common-Pleas Doth not that Original declare it self to be a Summons And doth not Mr Kitchen in his Ret. brev fol. 4. Tit. com bank declare that Summons Atachment and Distringas succestively distant fifteen days one after another is the onely Proces at Common Law The Kings-Beach and Common-Pleas ought to practise by the Common Law declared by Mag. Chart. and accord of the King and People declared and injoyned to be observed inviolable and immutable for ever Did ever any Judge of the Kings-Bench or Common-Pleas advise or consent to the making any Statute or Law to the contrarie being sworn to execute and maintain Mag. Chart. as anon shall appear all were or ought to be and was not perjured Did or doth any

Eyre still And why not Writs Gratis sent to the Sheriff of every Countie to enquire of offences and offendors against the great Charter And doth not this Statute prove that Sheriffs ought to have such Writs and to make such enquiries And that the King referred himself as well as others to the judgements as well of Justices in Eyre as of the Justices of the Bench and that he would have his Writs granted as well against him as others and that Gratis doth it not futther prove that Kings accounted the Justices in Eyre his Justices and their Court his Court as well as the Kings-Bench how therefore doth the Lord Coke hereafter call them new Justices and their Court new Court But more of that in its place Now having done with so much of Mag. Charta as I promised and with the 5 Chapter of the Statute of Marlebridge and the 8 of the Statute of Glocester Here ensueth the Confirmation of the great Charter made at London 10 Octob. Anno 25. Ed. 1. three years before that which is Printed before it because that containeth all the Charter in 38. chapters at large and this but 7. In the First of which it confirmeth both Charters and every Article thereof both made 9º H. 3. in general words as followeth viz. Edward by the grace of God Cap. 1. Charters King of England Lord of Ireland and Duke of Guyen To all those that these present Letters shall hear or see Greeting Know ye that We to the Honour of God and of Holy Church and to the profit of Our Realm have granted for Vs and Our Heirs That the Charter of Liberties and the Charter of Forrests which were made by the Commonalty of the Realm in the time of King Henry Our Father shall be kept in every point without breach And We will that the same Charter shall be sent under Our Seal aswel to Our Justices of the Forrest as to others And to all Sheriffs of Shiers and to all Our other Officers and to all Our Cities throughout the Realm together with Our Whits in the which shall be contained that they cause the foresaid Charters to be published And to Declare to the People that We have confirmed them in all points And that Our Iustices Sheriffs Maiors and other Ministers which under Vs have the Laws of Our Land to guid shall allow the same Charters pleaded before them in Iudgement in all their points That is to wit The Great Charter as the Common Law And the Charter of the Forrest for the Wealth of Our Realm The Title of this Statute saith the Lord Coke is Confirmationes Chartarum de Libertatibus Angliae Forrestae L. C. upon Cons C. f. 526. viz. The Confirmations of the Charters of the Liberties of England and of the Forrest And true it is saith he that hereby the said Charters are expresly confirmed but they are also excellently interpreted which is a Confirmation in Law for here is nothing Enacted but is included within Magna Charta And by the Commonalty saith he is to be understood by the consent of all the Realm by Authority of Parliament and many times by the Commonalty of England is signified an Act of Parliament c. before Printing and before the Reign of King Hen. the 7th Statutes were Ingrossed in Parchment and by the Kings Writ Proclaimed by the Sheriff of every Countie this was the ancient Law of England that the Kings Commandments issued and were published in form of Writs as then it was An excellent course and worthie to be restored c. This Clause saith he is worthie to be written in letters of gold viz. That our Justices Sheriffs Majors and other Ministers which under us have the Laws of the Land to guid them shall allow the said Charters in all points which shall come before them in Judgement And here it is to be observed That the Laws are the Judges Guides or Leaders according to that old Rule Lex est Exercitus Judicum viz. The Law is the Judges Armie Tutissimus Doctor viz. The safest Teacher or Lex est optimus Iudicis Synagogus viz. Their best Synagoug And Lex est tutissimus cassis viz. Their safest Fortress There is an old legal word saith he called Guidagium viz. Guidage which signifieth an Office of guiding Travelors through dangerous and unknown ways Here it appeareth that the Laws of the Realm hath this Office to guid the Iudges in all causes that come before them in the ways of right Justice who never yet misguided any man that certainlie knew them and truly followed them The sence of the words That the great Charter is to be holden for the Common Law is that it is a Common Law to all in amendment of the Realm that is of great mischiefs and inconveniencies which oppressed the whole Realm before the making thereof Expost and Quer. Doth nor the Lord Coke by all this his expression commend this Statute very highly Why did he not in his duty cause it to be observed in his time And had not Iustices of the Forrest and other Iustices Sheriffs Majors and other Ministers of his time had they received the Great Charter with the Kings Writs power thereby as well as he to cause the said Charter to be published to the People and that the King had confirmed it in all points Why did he by neglecting his duty to send the said Charter and Writs unto them accordingly make them fail of their duties Doth not the Lord Coke confess by this clause Worthie as he saith to be written in letters of gold That Sheriffs Majors and other Ministers as well as Justices and other Justices as well as those at Westminster have or ought to have the Law of England to be their guid and ought to allow Magna Charta in all points which in any Plea shall be before them Why then do the Iustices at Westminster by their Habeas corpus and other Writs as aforesaid disturb and prevent all Sheriffs Majors c. to exercise their Offices before Judgment or after without proof of Injustice or manifest Errors committed by them in their Iudgements Why do not the Iustices at Wistminster when they have Persons and Causes brought before them by virtue of their Writs allow Mag. Car. to be Pleaded before themselves since they will suffer no others to hear it How can it be true when they do not that the Law is their guid Do not they assume the sole Guiding Learning Interpreting Exercising and Over ruling of the Law to themselves when they suffer no other Iustices or Ministers of the King but themselves to have any Judgement therein as aforesaid Why do they bely the Law so much as to call it their Guid their Teacher their Army their Synagogue their Fortress when it is manifest That their Attorneys their Sollicitors their Catch-polls and their Goalers are their Guids Teachers Supernumerous Armies and Invincible Fortresses as they trust but may be deceived

more increase and enhance the Markets of their Justice by suffering no other Judges to admonish or Justifie any offendors at home and ingrossing all to themselves at Westminster or before such as they send to fripper for them in Assizes Goal-Deliveries and Nisi prius●s Have not some present Grafts of the old stock Judges of Assizes in possibility for the Countrey their Agents in Chancery procured several late Injunctions to be dissolved in Chancery without the privity of both parties whom they concerned to the end onely to beget work for them in the Assizes lest they should want better Did our late Judges lawfully counsel King Charls in his busines when they gave their Resolutions for him concerning the Ship-money Did they not assent to a thing or things that turned to his dammage and disherison and overturned him and his Posterity out of three Kingdoms and his life to boot when they assented to Ship money and Monopolies Did not the Kings Councel and other Serjeants and Lawyers draw if not plot all such Patents Got they not more by their Fees for their advise therein which were present pay than the King did by his reservations for interest in those Grants which are yet in Arrear Was any thing reserved to the King thereby but what his Councel learned thought fit and advised him to take and the Pa●●ntees to give Did not those Judges that had the keeping of both the Kings Seals assent to all those unlawfull things whatsoever they Sealed Briefly doth not this Oath in every point evidence the Judges at Westminster and their brethren to have been the chief betrayers of Kings and People in their chief trust to guide and hold both in the right way and did they not lead both wrong And thereby are the chief Authors of all the blood spilt and estates ruined in these three Kingdoms in and by these late Wars which were undertaken for Reformation onely of such deformities in Law and Government which you see they had power to keep in form by their lawfull judgements or admonitions to the right or not consenting to the wrong Do not our Records and History testifie that all the Civil Wars of England were alwaies undertaken for Reformation of Injustice evil Government and corrupt Lawyers that were alwaies the causers thereof by breaking and causing to be broken the Liberties of Magna Charta which the People sought alwaies to recover Were not Hugh D'Burgo Chief Justice of England Walter D'Lancton Lord Treasurer of England Brember Trisilian Bellknap Thorp c. examples of their times in that case If so few examples will not serve to make all Judges mend should not all such Judges be made examples to serve posterity to see that such evils are not necessary for Common-wealths Shall such Extrajudical Judges such lawless Lawyers c. as will not be tied by Oaths made in and by Parliaments Excommunications denounced by Authority of Parliaments Charters Signed Sealed and Confirmed in and by Parliaments nor by Acts Laws and Statutes made by full and free Parliaments be suffered to sit with Christians in Parliaments to make Laws Votes Oaths and other Obligations upon Christians which shall be none to themselves But let us see further what an other Act of Parliament saith to this Oath as ensueth viz. The Statut. 20. E. 3. Pream Letter Justice Edward by the Grace of God c. To the Sheriff of Stanford greeting Because that by divers complaints made to Vs We have perceived that the Law of the Land which We by Our Oath are bound to maintain is the less well kept and the execution of the same disturbed many times by maintenance and procurement as well in the Court as in the Countrey We greatly moved of Conscience in this matter and for this cause desiring as much for the pleasure of God and ease and quietness of Our Subjects as to save Our Conscience and for to save and keep Our said Oath by the assent of the Great men and other Wise men of Our Councel We have ordeined these things following viz. First Cap. 1. We have commanded all Our Iustices that they shall from henceforth do even Law and execution of right to all our Subjects rich poor without having regard to any person and without letting to do right for any letters or commandment which may come to them from Vs or from any other or by any other cause And in that any letters Letters writs or commandments come to the Iustices or to other deputed to do Law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Iustices and other aforesaid shall proceed and hold their Courts and Processes where the Pleas and matters be depending before them as if no such Letters Writs or commandments were come to them And they shall certifie Vs Our Councel of such commandments as be contrarie to the Law as before is said And to the intent that our Iustices should do even right to all people Justice in the manner aforesaid without more favour shewing to one more than to another We have done Our said Iustices to be sworn that they shall not from henceforth as long as they shall be in office of Iustice Fees Roabs take Fee nor Roabe of any man but of Our self And they shall take no gift nor reward by themselfs nor by other privily nor apertly of any man that hath to do before them by any way except meat and drink and that of small valure and that they shall give no counsel to a great man nor small in case where We be Partie or which do or may touch Vs in any point upon pain to be at Our will Bodie Lands and Goods to do thereof as shall please us in case they do contrarie And for this cause We have increased the Fees of the same our Iustices in such manner that it ought reasonably to suffice them Expost and Quer. Doth not the King say here He is bound by his Oath to maintain the Laws of the Land Doth not the Lord Coke say before That a King in his Politick capacitie cannot dye Did not or ought not all Kings of England take the like Oath as this King did Were they not therefore bound to maintain the Laws of England as well as he and to be advised and ruled by their Judges how to maintain them as the Oath of the Judges this Statute and others do manifest they were Are not Judges as Immortal as Kings in their Politick capacity Are they not bound by their Oaths not onely to maintain and execute the Laws of England against all men without regard of Persons but also to advise their Kings to maintain them and how so to do and to hinder or not consent with their Kings to break them Were not the maintenances whereof the King here complaineth and the procurements as well in Court as

for all England divided into six See and compare Rast abridg fol. 65. and Rog. Hoveden parte poster Annal. fol. 548. The not reading and publishing of Mag. Char. is the default partly of Sheriffs not requiring it partly of the Clerk of the Crown c. not sending it to them under Seal All defaults of Sheriffs c. are inquirable and punishable by Justices of Peace as Lamb. Fitz. H. Cromp. Dali c. affirm at large 5. Observe the peoples choice resumed by this Statute when the King presumed to make Justices of P. and under that specious Title to impower them first to affront and by degrees to suppress and at last to extinguish the larger power of Conservatours A Prerogative imposture devised by Lawyers for their own advantage when they got the King to confer this creation of Justices of Peace upon his Chancellours and Keepers to whom their creatures became obliged to subject all England to Westminster contrary to Mag. Char. 5. Justices in Eyre are discontinued long since and not onely for that they were interrupted and wearied out by the Prerogative Judges and Courts at Westminster by their Certioraries Corpus cum causa Errours and other Writs as the Lord Coke confesseth in his Exposition of the Stat. called A●t super Chart. fol. 540. but also for that Justices of Assize Justices of Peace and all Oyers and Terminers by their Commissions and Magistrates of Corporations by their Charters were enabled sworn to hear and determine all Trespasses Contempts Oppressions and Misdemeanours according to the Laws and customs of England as appeareth in and by all Commissions of the Peace Oyers Terminers and Charters that have Oyer and Terminer and by the Stat. made for the first institution of Justices of Peace in the 18th year of Ed. 3d. in which year was also ordained the Oath of all Judges and Justices of Oyer and Terminer for the due execution of justice without sale delay or denial which the thrice reverend Judge Anthony Fitz Herb. admonisheth them that consider it and their duty to God and their Countrey not to break upon any conditions Nat. brevium fol. 240. d. but now the common practice is otherwise 6. Justices of Peace ought not to be seduced to transgress M. C. and the Petition of Right by any Stat. that contradicts them nor to lose the publike interest for any Prerogative usurpation but to re-assume their authority fro People to act as conservatours of the ancient peace and profit of the Common-wealth as in cases of Remitter men stand to their best Title 6. Any that Will ought to have Commissions of Oyer and Terminer for all Extortions Oppressions and Misdemeanours of Sheriffs Under sheriffs Escheatours Bayliffs Clerks and all other Officers See Cromp. Just Peace fol. 51.8 Fitz H. Nat. br fol. 112. d. And Justices of Peace and all other Commissioners that ought by their Commissions and Oaths to punish all such offences do not are no less than porjurers and the greatest malefactours of all other themselves Nor can any Writs of Certiorari Corpus cum causa Errour Supersedeas or putting out of Commission excuse or supercede them to finish their Judgements and Executions in all such causes brought in question before them See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3.14 and the 20. Ed. 3.1 and the Procedendo thereupon in Fitz. H. Na. Bre. fol. 240. where it is said They shall proceed to justice according to law notwithstanding any Letter Commandment Prohibition Writ Privy-Seal or Great Seal to the contrary And if any such things be granted by the King or any of his Judges or Coutrs such a Procedendo ought to be granted by the Keeper of the Broad Seal to countermand them and to command justice judgement and execution to be done even against the King much rather against Judges who under colour of Authority and justice delude and wrong Kings and People For saith the L. Coke upon the Stat. of Marlebridge cap. 5. there is no greater injustice than when under colour of Justice men are injured but Writs of Certiorari Corpus cum causa and Errour ought to be had and granted upon proof of malice partiality injustice or errour in matter committed by any inferiour Court but not upon suggestions or bare suppositions as is used See and compare therefore all the said Statutes in this case together with M. Dearhams Manuel p. 25. Nor by any Superiour Judges or Courts that are parties or concerned in the cause See the L. Coke upon Art super Chart. 7. These oppressions are daily committed by mercinary lawyers by colour of Statutes of their own devices against Mag. C. which Stat. ought to be repealed the longer execution thereof resisted by all or any necessary means 7. The granting of Writs or Commissions to do injustice by or to stay or delay justice where it is done or doing or to deny Writs or Commissions to cause or further justice to be done which always was and yet is the practice of the Prerogative Judges at Westminster not onely to cross interrupt Commissioners legally chosen in and by their Counties as Justices in Eyre were and such and all Justices of Peace and Officers of Trust and concernement in and to the Common-wealth still ought to be is the worst of all Oppressions and a general destruction of Law and People committed by colour of an usurped Authority as saith the L. Coke upon the Statute of Marlebr cap. 5. To prevent which his Lordship further saith It is lawful for the People to take up Arms or for Inferiour Judges to commit their Superiors and that before any Verdict or Judgement because they worthily loose the benefit of Law who intend to subvert it and Subordinate authority is more to be obeyed and assisted in the execution of Justice than the Supreamest to be indured to obstruct it All this and more is to be read in effect in the L. Cokes Exposition upon Art super Char. and the Stat. of Marl●br which if executed by Justices of Peace in their Counties and Magistrates in their Corporations would soon regulate abuses settle Peace and much inable the State and Common-wealth to pay publike debts and relieve distressed Souldiers For it is Law it self as virtue it selfe invirtuateth dignifieth and authorizeth her true servants to execute her precepts and confoundeth expulseth and turneth out of her service all her unjust Stewards and underminers As Jacob and David were preferred before their elder brethren and Saul Jeroboam c. were confounded by and for their own Apostacies As in all these cases c. all Justices of Peace should be carefull to observe their Oaths and perform their duties to the Common-wealth whereof they are eminent members So no doubt the Freemen of England would be ready to assist them in the regaining and preservation of their ancient Birth-rights Laws and Liberties Deus Faxit 8. Under the Titles of Trespases Contempts Oppressions