Court should order and their Keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Maiesties speciall command signified by the Lords of your privie Councell and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to law And whereas of late great companies of Soldiers and Marriners have been dispersed into divers Counties of the Realme and the inhabitants against their wills have been compelled to receive them into their houses and there to suffer them to sojourne against the Lawes and Customes of this Realme ††Compulsive billiting of Soldiers unlawfull and it is very observable that the King at the time of this complaint had warres with France and to the great grievance and vexation of the people And whereas also by authority of Parliament in the five and twentieth yeare of the reigne of King Edw. the third g g 25 Edw. 3. 9. it is declared and inacted that no man should be fore iudged of life or limbe against the form of the Great Charter and the Law of the land And by the said Great Charter and other the Lawes and Statutes of this your Realme no man ought to be adâ—udged to death but by the Lawes established in this your Realme h h No man ought to be adiudged but by the established lawes 9. H. 3. 29. 5. Ed 3. 9. 25. Ed 3 4. 28. Ed. 3. 3. either by the Customs of the same Realme or by acts of Parliament And whereas no offender of what kind soever is exempted from the proceedings to be used and punishments to be inflicted by the Lawes and Statutes of this your Realme Neverthelesse of late divers Commissions under your Majestes great Seale have issued forth by which certaine persons have been assigned and appointed Commissioners with power and authority to proceed within the land according to the Iustice of Martiall Law against such Soldiers and Marriners or other dissolute persons joyning with them as should commit any murther robberie felony mutinie or other outrage or misdemeanor whatsoever and by such summary course and order as is agreeable to Martiall Law and as is used in Armies in time of warre to proceed to the tryall and condemnation of such offenders and them to cause to be executed and put to death according to the Law Martiall By pretext whereof some of your Maiesties Subjects have been by some of the said Commissioners put to death when and where if by the Lawes and Statutes of the Land they had deserved death by the some lawes and Statutes also they mâ—ght and by no other ought to have been iudged and executed ††Marshall law altogether unlawfull in England in times of peace especially and therefore that Soldier of Col. Robert Lilburnes Regiment that was lately shot at the Rendezvouz neere Ware was meerely murthered And also sundry grievous offendors by colouâ— thereof claiming an exemption have escaped the punishments due to them by the Lawes and Statutes of this your Realme by reason that divers of your officers and Ministers of Iustice have uniustly refused or forborne to proceed against such offendors according to the same Lawes and Statutes upon pretence that the said offendors were punishable only by Martiall law and by authority of such Commissions as aforesaid which Commissions and all other of like nature are wholly and directly contrary to the said Lawes and Statutes of this your Realme They doe therefore humbly pray your most excellent Maiestie that no man hereafter be compelled to make or yeeld any gift loane benevolence tax The Petition or such like charge without common consent by act of Parliament And that none be called to make answer or take such oath or to give attendance or be confined or other ways molested or disquieted concerning the same or for refusal thereof And that no Freeman in any such manner as is before mentioned be imprisoned or detained And that your Maiestie would be pleased to remove the said Soldiers and Marriners and that your people may not be so burthened in time to come And that the foresaid Commissions for proceeding by Martiall Law may be revoked and annulled And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever to be executed as aforesaid lest by colour of them any of your Maiesties Subiects be distroyed or put to death contrary to the lawes and franchise of the land All which they most humbly pray of your most excellent Maiesty as their rights and liberties according to the Lawes and Statutes of this Realme And that your Maiestie would also vouchsafe to declare that the awards doings and proceedings to the prejudice of your people in any of the premisses shall not be drawn hereafter into consequence or example And that your Maiestie would be also graciously pleased for the future comfort and safety of your people to declare your royall will and pleasure That in the things aforesaid all your officers and Ministers shall serve you according to the Lawes and Statutes of this Realme ††All the administrators of the law are to execute their places according to the law and not otherwise as they tender the honour of your Maiestie and the prosperity of this Kingdome Which Petition being read the second of Iune 1628. The Kings answer was thus delivered unto it THe King willetâ— that right be done according to the Lawes and customes of the Realme And that the Statutes be put in execution that his Subiects may have no cause to complaine of any wrong or oppression contrary to their iust Rights and Liberties to the preservation whereof he holds himself in conscience as well obliged as of his Prerogative But this answer not giving satisfaction †And the reason was because in this his first answer he doth not grant that the things claimed in the Petition as they are laid down are the lawes rights and liberties of England and so had left it in the Iudges breasts to have given their Iudgements as well against as with the Petition but his second answer let right be done as is desired is full to the purpose the King was againe petitioned unto that he would give a full and satisfactory answer to their Petition in full Parliament Whereupon the King in person upon the seventh of Iune made this second Answer My Lords and Gentlemen THe answer I have already given you was made with so good deliberation and approved by the iudgements of so many wise men that I could not have imagined but that it should have given you full satisfaction but to avoid all ambiguous interpretations and to shew you that there is no doublenesse in my meaning I am willing to please you in words as well as in substance Read your Petition and you shall have an answer that I am sure will please yoâ— And then causing the Petition to
as long as ye shall be Iustice nor robes of any man great or small but of the King himself And that ye give none advice nor councell to no man great nor small in no case where the King is party And in case that any of what estate or condition they be come before you in your sessions with force and armes or otherwise against the peace or against the forme of the Statute thereof made to disturb execution of the common law or to menace the people 2. Ed. 3. 3. that they may not pursue the Law that yee shall cause their bodies to be arrested and put in prison And in case that be such that yee cannot arrest them that ye certifie the King of their names and of their misprision hastily so that he may therof ordain a convenable remedy And that ye by your selfe nor by other privily nor apertly maintain any plea or quarrell hanging in the Kings Court or elsewhere in the country And that ye deny to no man common right by the Kings letters not none other mans not for none other cause and in case any letters come to you contrary to the law that ye doe nothing by such letters but certifie the King thereof and proceed to execute the law notwithstanding the same letters And that yee shall doe and procure the profit of the King and of his Crown with all things where ye may reasonably doe the same And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings will of body land and goods thereof to be done as shall please him as God you help and all Saints The 20. of Edward the 3. Chap. â— fol. 14â— The Iustices of both Benches Assise c. shall doe right to all men take no fee but of the King nor give councell where the King is party FIrst we have commanded all our Iustices that they shall from henceforth doe equall Law and execution of right to all our subjects rich and poore without having regard to any person and without omitting to doe right for any letters or commandement which may come to them from us or from any other or by any other cause And if that any letters writs or commandements come to the Iustices or to other deputed to doe 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 Commandements were come to them And they shall certifie us and our Councell of such Commandements which be contrary to the Law as afore is said And to the intent that our Iustices should doe even right to all people in the manner aforesaid without more favour shewing to one then to another we have ordained and caused our said justices to be sworne that they shall not from henceforth as long as they shall be in office of Iustice take fee nor to be of any man but of our self and that they shall take no gift nor reward by themselves nor by other privily nor apertly of any man that hath to doe before them by any way except meat and drink and that of small value and that they shall give no councell to great men or small in case where we be party or which doe or may much us in any point upon pain to be at our will body Lands and goods to doe thereof as shall please us in case they doe contrary And for this cause we have increased the fees of the same our Iustices in such manner as it ought reasonably to suffice them St. 2. Ed. 3 8. St. 11. R. 2. 10. Regist fo 1â—6 The 25 of Edward the 3. Chap. 8. fol. 155. None shall be bound to find men of armes but by tenure or grant by Parliament ITem it is accorded and assented that no man shall be constrained to find men of Armes hoblers nor Archers other then those which hold by such services if it be not by common assent and grant made in Parliament St 1. Ed. 3. 5. St. 4. H 4. 13. The 28. of Edward the 3. Chap. 7. fol. 172. No Sheriffe shall continue in his office above one yeare ITem it is ordained and established that the Sheriffe of the Counties shall be removed every yeare out of their offices so that no Sheriffe that hath been in his office by a yeare shall abide in the same office the year next following 2. H. 7. fol. 5. And that no Commission be made to him thereof or renued for the same yeâ—â—e following St. 14. 8. 3 7. 32. Ed. 3. 9. 23. H. 6. 8. Rast pl. fo 202. The 34. of Edward the 3. Chap. 4. fol. 180. What sort of people shall be returned upon every Iurâ— ITem because that Sheriffes and other ministers often doe array their panels in maner of Inquests of people procured and most far of from the Counties which have no knowledge of the deed whereof the Inquest shall be taken it is accorded that such panels shall be made of the next people which shall not be suspect nor procured And that the Sheriffes Coroners and other ministers which doe against the same shall be punished before the Iustices that take the said Inquest according to the quantity of their Trespasse as well against the King as against the party for the quantity of the damage which he hath suffered in such maner St. 21 〈◊〉 1. St. 28. E. 1. 9. 20. Es 3. 6. 42. Ed. 3. 11. Regist fo 178. Regist pla fo 117. THe 36 of Edward the 3. chap. 10. fol. 186. A Parliament shall be holden once in a yeare ITem for the maintenance of the said Articles and Statutes and redresse of divers mischiefs and grievances which dayly happen d Parliament shall be holden every yeare as an other time was ordained by a Statute St. 4 Ed. 3. 14. The 36. of Edward the 3. chap. 15. fol. 187. Pleas shall be pleaded in the English tongue and inrolled in Latine ITem because it is often shewed to the King by the Prelats Dukes Earles Barons and all the Comminalty of the great mischiefes which have happened to divers of the Realme because the Lawes Customs and Statutes of this Realme be not commonly holden and kept in the same Realm for that they be pleaded shewed judged in the French tongue which is much unknown in the said realm so that the people which do implead or be impleaded in the Kings Court and in the Courts of other have no knowledge nor understanding of that which is said for them or against them by their Serjeants other Pleaders And that reasonably the said Lawes and Customes the rather shall be perceived and known better understood in the tongue used in the said Realm by so much every man of the said Realm
protection of the Law and ought not to be condemned unheard neither agreeth it with the honour and justice of this Court to deny Councell to plead and open their Clyents cases as was done in your petitioners case which your petitioner hopes you will rectifie and alow his Councel to be reheard and to set forth the sufficiencie in Law of his Plea and Answer whereby your petitioner may not have cause or occasion to Appeale from this Court or complaine of you to the Parliament for obstructing of Justice which if your petitioner receive not timely redresse and reliefe in the Promises he must be constrained to do That without ever any order or further processe serving the said Mr. Hoyle for want of further answer hath prosecuted severall processes of contempts against your petitioner and threatned to lay your petitioner in Goale upon a Commssion of Rebellion for the same and hath served your petitioner with a Subpena for forty shillings cost upon your petitioners first plea and answer which Mr. Hoyle will without doubt do if your honour give not present order for stay of further proceedings upon the said last Subpena and processe of contempt already taken out against your petitioner Your Petitioner therefore humbly prayeth that you wil be pleased for the love and honour of justice and removeing the cause of your petitioners appeale from this Court and complaining of you that you will give direction for stay of the said cost and proceedings upon the said processes of contempts against your petitioner and that you wil declare and order that your Petitioners councel may be reheard without check or offence and allowed freely to shew out to the Court the sufficiencie in Law of your petitioners plea and answer to the end there may not be a failer of justice through you and your petitioner left without relief or remedy by being denied to be heard upon the mirit and equity of his cause according to Law which in the worst of times by the worst Iudges was never done to any either in the case of ship-money or any other cause as Burton Prinn and Bastwicks cases all which your petitioner refereth to your honourable consideration And prayeth as before he hath prayed c. William Browne To the right honourable the Commmons assembled in Parliament the humble petition of Will. Brown of Stepney alias Steben heath in the County of Midlesex SHEWETH THat Josua Hoyle Vicar of the parish of Stepney aforesaid in Michaelmas terme last exhibited his bill in the Court of exchequer against your petitioner and divers other parishioners there for substraction of tythes to which bill your petitioner by his learned councell pleaded and answered the same terme but the said Mr. Hoyle obtained an order from that Court for your petitioner to shew cause why his plea and answer should not be taken of the file as scandalous That your petitioner according to the order of that Court the 18. May last by his counsell Mr. NORBERY and Mr. KING offered to the Court to maintaine his said plea and answer to be good and sufficient in Law but Baron Atkins one of the Barons of that Court would not suffer your petitioners councel to open your petitioners cause in a threatning manner telling them that the Councellour who subscribed your petitioners Plea and answer should never be allowed in that Court and if they meaning Mr. NORBERY and Mr. KING or any other Councellour did appeare in any such cause they should never againe plead in that Court and so your petitioners said councell were overawed and silenced that without further heareing or debate the Court adjudged your petitioners plea and answer scandalous and futher ordered Mr. Fage who signed the same his hand should never be allowed to any pleadings in that Court and your petitioner to pay forty shillings cost to Mr. Hoyle as by the order in the Court in that cause will appeare which doing of the said Baron Atkins and the said last recited Order are contrary to the rule of justice and the great Charter of Liberty wherein it is said Iustice and Right shall de denied to no man That the said Mr. Hoyle since without ever serving the said Order upon your Petitioner having procured severall processes of contempts against him for want of further answer and served him with a Subpena for the 40. s. cost your petitioner thereupon having petitioned the Barons of that Court for justice and to have libertie to shew forth to the Court the sufficiencie in law of the said plea and answer which Mr. NORBERY and Mr. KING had before undertaken to your petitioner to doe and offered to the Court if they might have been heard as they were not to have maintained for good and sufficient in law which petition hereunto annexed Baron Trevers having read and acquainted his Brother Atkins with the contents thereof Baron Atkins replyed and said let Brown complain if he will I have done him justice his businesse shall be no more heard And thus your Petitioner being deprived and destitute of all meanes of obtaining right and justice in that Court is constrained for his own safetie to forsake his own house and familie and live as an exile and fugitive Mr. Hoyle threatning to cast him into prison upon the said Barons Order which doubtlesse he will doe to your petitioners undoing unlesse your petitioner be protected by the justice of this honourable house That your petitioner hath largely and many wayes manifested his good affection to the Parliament in his free and voluntary gifts and contributions over and above his abilitie and by his ready payment of all taxes and assessements having long voluntarily served the Parliament in this war against the enemy to the often endangering his life and the much impoverishing his estate having lost 16. Horses in the Parliaments service for which he hath not had one penny satisfaction besides almost 200. l. due to him in Arrears for his service as a Wagoner That as your Petitioner is informed Mr. Hoyle by law cannot sue your petitioner in any Court for substraction of Tyths then in the Court Christian so called * * 2. 3. Ed. 6. 13. Coo. li. 2. fol. 43. the same being now taken away by authority of Parliament * * See the act of the 17. of C.R. for abolution of Ecclesiastical jurisdiction And so Mr. Hoyle if in case the same were due as they are not he hath no meanes or the recovery of the same but by the Ordinance of this present Parliament which your petitioner did never oppose whensoever the said Mr. Hoyle did take your petitioners goods upon the same as sometimes he did amounting to a considerable value Your Petitioner therefore humbly prayeth this honourable House will be pleased to take your Petitioner under protection to stay the contempts and illegall proceedings of Mr. Hoyle in that Court against your petitioner and to call the said Barons of the Exchequer and in particular Baron
Atkins before you to answer this Petition to the end according to your many Declarations Promises and Protestations iustice may not be obstructed or your Petitioner denyed the benefit of the law or priviledge of a free borne Denizon And the said Barons receive such condigne punishment for their uniust dealing and proceedings against your Petitioner as shall seeme meet and agreeable to the wisedome and iustice of this honourable House The like not any of the Iudges in the worst of times durst ever doe that ever your Petitioner heard of And your Petitioner if he may be protected and allowed by this honourable House to prosecute this Petition he will give securitie to make good the contents thereof And as in duty bounden your Petitioner shall ever pray c. Will. Brown Take notice and marke it well that though tyths are by law to be sued for in Ecclesiasticall Courts only yet trebble damages for none payment of tyths are to be sued for by the same Statute of the 2. and 3. Ed. 6 13. in Civill Courts at the Common Law and therefore the best plea to a bill of trebble damages is that you owe the Parson c no tyths at all and put him to prove the first Here you see what gallant Iustice is to be found amongst the Iudges at Westminster Hall that the pleaders of honest causes cannot be suffered to presse the law freely for their Clyents but must be threatned and commanded to hold their peaces before they have pressed fully either law or reason for those that hire them to be their mouths to doe it for them Is this to performe their oath which you may read before pag. 10. In which they sweare to doe equall law and execution of right to all kinds of men rich and poore without having regard to any person or persons whatsoever And that they shall deny to no man common right by the Kings letters nor none other mans nor for no other cause and in case any letters or commands shall come to them contrary to the law that they shall doe nothing by such letters or commands but proceed to execute the law notwithstanding Or is not this their dealing with Mr. Brown and his Councell a cleare demonstration of their breaking their Oaths and absolutely forswearing themselves And therefore seeing neither Mr. Brown not no man else that complains to the parliament against the injustice of the Iudges can get the least justice against them is not this and other of their visible breaking of their Oaths a true and legall cause to indict them for perjury upon which if conviction follow they are ipso facto disabled for ever to sit Iudges any more or to be witnesses in any causes whatsoever betwixt party and party For this is to be taken notice of that if a Iury bring in a false verdict against the expresse evidence given in unto them that thereupon by law they are to have their houses rased down to the ground and never to be built againe their trees puld up by the roots their ground to lye follow and wast without tillage or use their names and their childrens to be infamous reproachfull and contemptable c. And therefore without doubt the Iudges punishment for palpable iniustice must needs be much more then theirs And an excellent piece of justice and worth the highest commendation it was in King Alfred to hang 44 Iustices in one year as murtherers for their false judgments * See Andrew Horns mirror of iustice in English chap. 5. Sect. 1. pag. 239 240 241. 242. c printed for Maâ— Walbank at Grays Inne gate 1646 where all their crimes are set down which book is most extraordinarily well worth your reading But seeing the Parsons Vicars curates cannot recover their tyths by law they have unjustly illegally got up a custom to come or send their illegall Agents into mens grounds or houses to take away their goods and chattells and men are so foolish as to let them although by law if any man under any pretenc of authority whatever shall dare to endeavour by force to come into a free-mans house unlesse it be under pretence of Treason or Felony committed or suspition of Treason or Felony or to serve an execution after Iudgement for the King the free man may stand upon his guard as against so many Theeves and Robbers and if he shoot or kill them every one I know nothing to the contrary but they have their mends in their own hands and they nor none for them can iustly requâ—e any of him or them that so in his or their own legall defence destroyes them And if they take away your goods as usually they doe you have your remedy at law by way of Replevie to get * Which writs of Replevy you may have out of the Cusitore office belonging to every County but get at one and the same time a writ of Replevin a writ of Al as and a writ of Pluries which last Writ runs with a penaltie and if the Sheriff doe not execute it there lyes an attachment against him and in case he return that the goods are sold and gone before he could repleve them or drove into another County then you may have a Capias in withernam to distrain and take the parties own goods that caused the first goods to be distrained or any of those that had a hand in distraining and no supersedeas whatsoever will lye to controule or dam the writ or hinder the execution of it which writs with all other in force you may read in the Law book called the Register by the help of which you may make all the Parsons in England goe whistle for their Tyths Which Register doth very well deserve your care and pains by authority to be translated into English your goods againe putting in baile to the Sheriffe to answer the law against him that distrained your goods so you shall bring him to a tryal at law to prove his title or clame to your goods and this I conceive to be cleare from the Statutes of Marle bridge in the 52. H. 3. Anno 1267. Chap. 1 2 3 4. 15 21. and 3. 8. 3. Chap. 17. Compared with Sir Edward Cooks Exposition upon those severall Statutes in the 2. part of his Institutes fol. 103 104 105 106 107. 131 132 133. 139 140 141. 193 194. and his discourse in his first part Institutes lib. 2. chap. 12. Sect. 219. fo 143. But that you may not rest in an implicite beliefe I shall give you the fore mentioned Statutes verbatum which thus followeth Chap. 1. fol. 16. The penaltie for taking a distresse wrongfully WHereas at the time of a commotion late stirred up within this Realme and also sithence many great men and divers other refusing to be justified by the King and his Court like as they ought and were wont in the time of the Kings noble progenitors and also in his time but took great revenges and distresses
of their neighbours and of other untill they had amends and fines at their own pleasure And further some of them would not be iustified by the Kings Officers nor would suffer them to make delivery of such distresses as they had taken of their own authority It is provided agreed and granted That all persons as well of high as of low estate shall receive Iustice in the Kings Court And none from henceforth shall take any such revenge or distresse of his own authority without award of our Court though be have dammage or iniury whereby he would have amends of his neighbour either higher or lower And upon the foresaid Article it is provided and granted that if any from henceforth take such revenges of his own authority 11. H. 4. fo 2. 47. Ed. 3. fo 7. 18 Ed. 3. fo 48. 41. Ed. 3. fo 26. 17. Ed. 3. fo 9. without award of the Kings Court as before is said and be convict thereof he shall be punnished by fine and that according to the trespasse And likewise if one neighbour take a distresse of another without award of the Kings Court whereby he hath damage he shall be punished in the same wise and that after the quantitie of the trespasse And neverthelesse sufficient and full amends shall be made to them that have sustained losse by such distresses Chap. 2. None but suiters shall be destrained to come to a Court. MOreover none of what estate so ever he be shall distrain any to come to his Court 41. E. 3. fo 26 47. E. 3. fo 7. Fitz. Barre 281. which is not of his Fee or upon whom he hath no Iurisdiction by reason of Hundred or Bayliwick nor shall take Distresses out of the Fee or place where he hath no Baliwick or Iurisdiction And he that offendeth against this Statute shall be punished in like manner and that according to the quantitie and qualitie of the Trespasse 3 Ed. 1. 16. Regist fo 97. Chap. 3. A Lord shall not pay a Fine for distraining his Tenant IF any of what estate soever he be will not suffer such Distresses as he hath taken to be delivered by the Kings Officers after the Law and Custome of the Realme or will not suffer summons Attachments or Executions of Iudgements given in the Kings Court Fitz. Rascous 20. Bro Trespas 16. 384. Fitz. Dan. 10. Fitz Heriot 5.5 H 7. fo 9.9 H 7. fo 14.10 H. 7. fo 2.10 Ed. 4. fo 7.9 H. 6. fo 20. Fitz. Trespas 196. S. Ed. 1.17 Fitz. N. B. fo 102. c. V. N. B. fol. 48. to be done according to the Law and Custome of the Realme as is aforesaid hee shall be punished in manner aforesaid at one that will not obey the Law and that according to the quantitie of the Offence And if any of what estate soever he be distrain his Tenant for Services and Customes being due unto him or for any other thing for the which the Lord of the Fee hath cause to distraine and after it is found that the same services are not due the Lord shall not therefore be punished by Fine as in the cases as foresaid if he doe suffer the Distresses to be delivered according to the Law and Custome of the Realme but shall be amerced as hitherto hath been used and the Tenant shall recover his damages against him Chap. 4. A distresse shall not be driven out of the County And it shall be reasonable Fitz Barre 120. 275 Fitz. Distresse 1 2. 16. Fitz. Avowry 192. 30. Ass pl 38 29. Ed. 3 fo 23 Kel fo 50. 41. Ed. 3. fo 26. 29 Ed. 3. fo 24. 42. Ed. 3. fo 26. 3. Ed. 1. 16. 1. 2. Ph. M. 12. 51. H 3. 28. Ed. 1. 12. NOne from henceforth shall cause any distresse that he hath taken to be driven out of the County where it was taken And if one neighbour doe so to another of his own authority and without judgement he shall make fine as above is said as for a thing done against the Peace Neverthelesse if the Lord presume so to doe against his Tenant he shall be grievously punished by amerciament Moreover Distresses shall be reasonable and not too great And he that taketh great and unreasonable distresses shall be grievously amerced for the excesse of such distresses Regist fo 97. Rast pla fo 216. Regist fo 98. 183. St. 9. Ed. 2. 9 Fitz. N. B. fo 90. 173 Co. lib. 8. fo 60. 7. H. 7. fo 1. 22. Ed. 4. fo 49. Fitz. Barre 281. Fitz. Trespas 188. Fitz. briefe 511. 842. Fitz. Avowry 87. 221. 231. Chap. 15. fol. 20. In what places Destresses shall not be taken IT shall be lawfull for no man from henceforth for any manner of cause to take Distresses out of his Fee nor in the Kings high way nor in the common street but only to the King or his Officers having speciall authority to doe the same Chap. 20. fol 21. None but the King shall hold plea of false Iudgement NOâ—e from henceforth except our Lord the King shall hold in his Court any Plea of false judgement Fitz. Faux Iudgment 7 8.10 14 26.1â— Ed. 3. ch 6. given in the Court of his Tenants For such Plea specially belongeth to the Crown and Dignitie of our Lord the King Regist fol. 15. V. N. B. fo 16. Fitz. N. B. fo 17. Rast pla fo 342 Coke pla fo 305. Chap. 21. fol 21. who may take Replevins of Distresses Dyer fo 245. Bro. Riots 2â—3 Bro. Parl. 108 Fitz Return de Viscount 17 Co. Inst 145 b. 3. Ed. 1 ch 17. Fitz. N B fo 68. V. N B. fo 44. IT is provided also that if the Beasts of any man betaken and wrongfully withholden the Sheriff after complaint made to him thereof may delâ—ver them without 〈…〉 gainsaying of him thaâ— tooke the Beasts if they were taken out of Liberties And if the Beasts were taken within any Libertie and the Bailiffes of the Libertie will not deliver them then the Sheriffe for default of those Bailiffes shall cause them to be delivered Regist fo 82. c. The 3. of Edward the 1. Chap. 17. fol. 27. The remedie if a destresse be impounded in a Castle or Fortresse IT is provided also that if any from henceforth take the Beasts of other and cause them to be driven into a Castle or Fortresse and there within the close of such Castle or Fortresse doe withhold them against gage and pledges whereupon the beasts be sâ—lemnly demanded by the Sheriff or by some other Bailiffe of the Kings at the suit of the plaintiffe the Sheriffe or Bailiffe taking with him the power of the â—here or Bayliwck doe assay to make Replivin of the Beasts from him that took them or from his Lord or from other being servants of the Lord whatsoever they be that are found in the place whereunto the beasts were chased if any deforce him of the deliverance of the Beasts or that no man be found for the
Lord or for him that tooke them Bro. Riot 2. 3. 52. H. 3. 3. 13. Ed. 1. 39. V. N. B. fo 43. 44 Regist fo 85. 52. H. 3. 21. Regist fol. 81. Fitz. N.B. fo 68. F. for to answer and make the deliverance after such time as the Lord or taker shall be admonished to make deliverance by the Sheriffe or Bailiffe if he be in the Country or neere or there whereas he may be conveniently warned by the taker or by any other of his to make deliverance if he were out of the Countrey when the taking was and did not cause the Beasts to be delivered incontinent that the King for the trespasse and despite shall cause the said Castle or Fortresse to be heaten down without recovery And all the damages that the plaintife hath sustained in his beasts or in his gainure or any otherwise after the first demand made by the Sheriffe or Bailiffe of the beasts shall be restored to him double by the Lord or by him that tooke the beasts if he have whereof and if he have not whereof he shall have it of the Lord at what time or in what manner the deliverance be made after that the Sheriffe or Bailiffe shall come to make deliverance And it is to wit that where the Sheriffe ought to return the Kings writ to the Bailife of the Lord of the Castle or Fortresse or to any other to whom the return belongeth if the Bailife of the Franchise will noâ— make deliverance after that the Sheriffe hath made his return unto him then shall the Sheriffe doe his office without further delay and upon the foresaid paines And in like manner deliverance shall be made by Attachment of the plaintife made without writ and upon the same paine And this is to be intended in all places where the Kings writ lyeth And if that be done in the Marches of Wales or in any other place where the Kings Writs be not currant the King which is soveraign Lord over all shall doe right there unto such as will complain Now after this businesse of Tyths which by the universall complaint against it all over the Kingdome appeares to be an intollerable and insupportable burthen I shall a little open unto you another mischiefe of far more dangerous consequence and that is the subvertion of our fundamentall lawes and liberties and the exercising of an Arbitrary Tyrannicall government which I find to be the principall crime laid to the charge of the late Earl of Strafford for which he lost his head upon the Tower Hill at London in the yeare 1641. And that it was his principall crime appeares clearly to me by his Bill of Attainder which you may read before pag. 29. and by the fiâ—st Article of his impeachment which as I find it printed in the 117. pag. of a book called Speeches and Passages of this Parliament from the 3. of Novemb. 1640. to Iune 1641. printed for Will. Crook at Furnifalls Inne gate in Holbourne 1641. The very words of which thus followeth That he the said Thomas Earl of Strafford hath traiterously endeavoured to subvert the fundamentall lawes and government of the Realmes of England and Ireland and in stead thereof to introduce an Arbitrary and Tyrannicall Government against law which he hath declared by trayterous words councells and actions and by giving His Majestie advice by force of Armes to compell his loyall Subiects to submit thereunto Now whether this very traiterous crime of the Lord of Strafford be not really acted since the warres ended both by the present House of Lords and by the present Grandees in the Army I thinke is obvious to every knowing rationall understanding unbiosed mans eye in England in that both of them have taken upon them to meddle with things not within their cognizance or jurisdiction and to out men of their lives liberties and properties without any legall processe and proceeding all the ordinary Courts of Iustice in England being open where only and alone all causes whatsoever between party and parties desidable by the lawes of this land are to be tryed and determined and no where else it being as lawfull for a Iudge Iustice of peace or a Constable to make Laws as for a House of Lords to execute Laws their legall and proper work at most upon their own usurped principalls being to make new laws repeal old laws to give their consent to raise mony for the preservation of the publique and to see it be rightly disposed of but they themselves ought not in the least to finger it much lesse by votes to give it to each other it being contrary to the Law of England for Fofees in truâ—t which they would have us to believe they * And it â— but a bâ— belief sâ— I say anâ— wil maintain it against aâ— the procâ—ers of thâ— present â— House oâ— Lords havâ— in England thaâ— they have no more right to their pretended legislative â— power theâ— a thiefe that by force takâ— my purseâ— from me Nor no more right to bâ— called thâ— legislatorâ— of England theâ— a man to be called an honest womans husband that by force and violence robs her of her virginitie and so commits a rape upon her and by threat to save her life compells her to hold her peace And I desire all the Commons of England seriously to consider how the Lords that flow from William the Conquerers sword and the meer will of his successors can rationally pretend to a legislative power when in their joynt Declarations with the present House of Commons they have declared the King their Creator hath none but is bound by his Coronation oath to passâ— all such lawes as the folk or Commons shall chuse and what greater evill can there be in the world theâ— seeing that all legislative power in the nature of it is Arbitrary that for life an arbitrary power should bâ— placed in the Lords and heriditary in their sons be they fooles or knaves therefore up with them by the roots and let no power hereafter be exercised in England but what acknowledgly flowes as a trust from thâ— people or their Representatives and who are subiect as other men to the Lawes are to give any thing to themselves to punish all mayle Administrators of Iustice and to heare and redresse all appeares upon eronious judgements given or made in any of the Courts in Westminster-Hall or elsewhere Yet notwithstanding have they Arbitrarily and Tyrannically summoned and convened men before them for things desideable and determinable only at Common Law without any due processe of Law and have taken upon them contrary to all law Iustice equitie and conscience to be both Informers Prosecutors Witnesses Parties Iurie and Iudges and thereupon have past most illegall arbitrary and tyrannicall censures upon the free Commons of England and thereupon have distroyed and outted them of their lives liberties properties free holds and estates when as by the fundamentall law of the Land no Iudge
times a year and more often if need be Also there shall be assigned good and lawfull men in every County to keep the peace And at the time of the assignments 33. Ed. 1 30. 20. Ed. 3. 6. Fitz. N. B. fo 251. 1. Ed. 3. 16. 18. Ed. 3. â— 34. Ed. 3. 1. 13. R. 2. 7. mention shall he made that such as shall be indicted or taken by the said keepers of the Peace shall not be let to mainprise by the Sheriffes nor by none other ministers if they be not mainpernable by the Law Not that such us shall be indicted shall not be deliveâ—ed but at the Common Law And the Iustices assigned to deliver the Gaoles shall have power to deliver the same Gaoles of those that shall be indicted before the keepers of the peace And that the said keepers shall send their indictments before the Iustices and they shall have power to inquire of Sheriffes Gaolers and other in whose ward such indicted persons shall be if they make deliverance or let to mainprise any so indicted which be not mainpernable and to punish the said Sheriffes Gaolers and others if they doe any thing against this Act. The 4. of Ed. 3. Ch. 10. fol. 122. Sheriffes Gâ—olers shal receive offenders without any thing taking ITem whereas in times past Sheriffes and gaolers of Gaoles would not receive theeves persons appealed indicted or found with the maner taken and attached by the Constables and townships without taking great fines and ransomes of them for their receit whereby the said Constables and Townships have been unwilling to take thieves and felons because of such extream charges and the theeves and the felons the more incouraged to offend It is inacted that the Sheriffes and Gaolers shall receive and safely keep in prison from henceforth such theeves and felons 3. E. 1. 26. 11. Ed 4. fol. 4. 32. H 6 10. by the delivery of the Constables and townships without taking any thing for the receipt And the Iustices assigned to deliver the Gaole shall have power to heare their complaints that will complain upon the Sheriffes and Gaolers in such case and moreover to punish the Sheriffes and Gaolers â—f they be found guilty The 4. of Edward the 3. Chap. 14. fol. 122. A Parliament shall be holden once every yeare ITem it is accorded that a Parliament shall be holden every yeare once and more often if need be Stat. 36. â—d 3. 10. The 14. of Edward the 3. Chap. 5. fol. 133. Delayes of iudgement in other Courts shall be redressed in Parliament ITem because divers mischiefes have hapned for that in divers places as well as in the Chancery as in the Kings Bench the common Bench and in the Eschequer before the Iustices assigned and other Iustices to heare and determine deputed the judgements have been delayed sometime by difficulty and sometime by divers opinions of the Iudges and sometime for some other cause It is assented established and accorded that from henceforth at every Parliament shall be chosen a Prelate two Earles and two Barons which shall have commission and power of the King 2 H. 7. fo 19 22. Ed. 3. fo 3. to heare by petition delivered to them the complaints of all those that will complain them of such delayes or grievances done to them and they shall have power to cause to come before them at Westminster or else where the places of any of them shall be the â—â—nor of records and processes of such judgements so delayed and to cause the same Iustices to come before them which shall be then present to heare their cause and reasons of such delayes Which cause and reason so heard by good advice of themselves the Chancellor Treasurer the Iustices â—f the one Bench and of the other and other of the Kings Councell as many and such as they shall thinke convenient shall proceed to take a good accord and make a good judgement And according to the same accord so taken the tenor of the said record together with the judgement which shall be accorded shall be remanded before the Iustices before whom the plea did depend And that they hastily goe to give judgement according to the same record And in case it seemeth to them that the difficultie be so great that it may not well be determined with out assent of the Parliament that the said tenor or tenors shall be brought by the said Prelates Earles and Barons unto the next Parliament and there shall be a finall accord taken what judgement ought to be given in this case And according to this accord it shall be commanded to the Iudges before whom the plea did depend that they shall proceed to give judgement without delay And to begin to doe remedy upon this ordinance It is assented that a commission and power shall be granted to the Arch-Bishop of Canterbury the Earles of Arundell and Huntington the Lord of Wake and the Lord Raise Basset to endure till the next Parliament And though the ministers have made an oath before this time yet neverthelesse to remember them of the same oath It is assented that as well the chancellor treasurer keeper of the privie seale the Iustices of the one Bench and of the other the Chancellor Barons of the Eschequer as the Iustices assigned and all they that doe meddle in the said places under them by the advice of the same Arch-Bishop Earles and Barons shall make an oath well and lawfully to serve the King and his people And by the advice of said Prelate Earls and Barons be it ordained to increase the number of Ministers when need shal be them to diminish in the same manner And so from time to time when officers shal be newly put in the said offices they shal be sworn in the same maner St. 27 El. 8 Regist fo 17. Rast Pla. fo 30â— The Oaths of the Iustices being made Anno 18. Ed. 3. Anno Domini 1344. fol. â—44 YE shall sweare that well and lawfully ye shall serve our Lord the King and his people in the office of Iustice and that lawfully ye shall councell the King in his businesse and that ye shall not councell nor assent to any thing which may turne him in damage or disherison by any maner way or colour And that ye shall not know the damage or disherison of him whereof ye shall not cause him to be warned by your selfe or by other and that ye shal doe equall Law and execution of right to all his subjects rich or poore without having regard to any person And that ye take not by your self or by other prively nor apartly gift nor reward of gold nor silver not of any other thing which may turne to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall so be hanging nor after for the same cause And that ye take no see
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 Staâ—â—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
have forthwith granted unto him a writ of Habeas Corpus to be directed generally unto all and every Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be and the Sheriffs Gaoler Minister Officer or other person in whose custody the party so committed or restrained shall be shall at the return of the said writ and according to the command thereof upon due and convenient notice thereof given unto him at the charge of the party who requireth or procureth such Writ and upon security by his own bond given to pay the charge of carrying back the prisoner if he shall be remanded by the Court to which he shall be brought as in like cases hath been used such charges of bringing up and carrying back the prisoner to be alwayes ordered by the Court if any difference shall arise thereabout bring or cause to be brought the body of the said party so committed or restrained unto and before the Iudges or Iustices of the said Court from whence the same writ shall issue in open Court and shall then likewise certifie the true cause of his deteinour or imprisonment and thereupon the Court within three Court dayes after such return made and delivered in open Court shall proceed to examine or determine whether the cause of such Commitment appearing upon the said return be just and legall or not and shall thereupon doe what to iustice shall appertain either by delivering bailing or remanding the prisoner And if any thing shall be otherwise wilfully done or omitted to be done by any Iudge Justice Officer or other person afore mentioned contrary to the direction and true meaning hereof That then such person so offending shall forfeit to the party grieved his trebble dammages to be recovered by such meanes and in such manner as is formerly in this Act limitted and appointed for the like penaltie to be sued for and recovered Provided alwayes and be it enacted That this Act and the severall Clauses therein contained shall be taken and expounded to extend only to the Court of Star-chamber and to the said Courts holden before the President and Councell in the Marches of Wales and before the President and Councell in the Northern parts And also to the Court commonly called the Court of the Dutchy of Lancaster holden before the Chancellor and Councell of that Court And also in the Court of Exchequer of the County Palatine of Chester held before the Chamberlain and Councell of that Court And to all Courts of like Jurisdiction to be hereafter erected ordained constituted or appointed as aforesaid And to the warrants and Directions of the Councell-board and to the Commitments restraints and imprisonments of any person or persons made commanded or awarded by the Kings Majestie his Heires or Successours in their own person or by the Lords and others of the Privie Councell and every one of them And lastly provided and be it enacted That no person or persons shall be sued impleaded molested or troubled for any offence against this present Act unlesse the party supposed to have to offended shall be sued or impleaded for the same within of two yeares at the most after such time wherein the said offence shall be committed Anno XVII Caroli Regis An Act for the declaring unlawfull and void the late proceedings touching Ship money and for the vacating of all Records and Processe concerning the same VVHereas divers Writs of late time issued under the Great Seal of England commonly called Shipwrits for the charging of the Ports Towns Cities Boroughs and Counties of this Realm respectively to provide and furnish certain Ships for his Majesties service And whereas upon the execution of the same Writs and Returnes of Certioraries thereupon made and the sending the same by Mittimus into the Court of Exchequer Processe hath bin thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said Ships and in especiall in Easter Tearm in the thirteenth yeare of the Reign of our Soveraign Lord the King that now is a Writ of Scire facias was awarded out of the Court of Exchequer to the then Sheriffe of BVCKINGHAM-SHIRE against IOHN HAMDEN Esquire to appeare and shew cause why hee should not be charged with a certain summe so assessed upon him upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adiourned the same case into the Exchequer Chamber where it was solemnly argued divers dayes and at length it was there agreed by the greater part of all the Justiâ—es of the Courts of Kings Bench and Common Pleas and of the Barons of the Exchequer there assembled that the said Iohn Hambden should be charged with the said summe so as aforesaid assessed on him The maine grounds and reasons of the said Iustices and Barons which so agreed being that when the good and safety of the Kingdome in generall is concerned and the whole Kingdome in danger the King might by writ under the Great Seale of England command all his Subiects of this his Kingdom at their charge to provide and furnish such number of Ships with Men Victualls and Munition and for such time as the King should think sit for the defence and safegard of the Kingdome from such danger and perill and that by Law the King might compell the doing thereof in case of refusall or refractarinesse and that the King is the sole Iudge both of the danger and when and how the same is to be prevented avoided according to which grounds reasons aâ— the Iustices of the said courts of Kings Bench CoÌ„mon Pleas the said Barons of the Exchequer having bin formerly consulted with by his Majestis command had set their hands to an extraiudiciall opinion expressed to the same purpose which opinion with their names thereunto was also by his Maiesties command inrolled in the Courts of Chancery Kings Bench Common Pleas and Exchequer and likewise entred among the Remembrances of the Court of Star-Chamber and according to the said agreement of the said Iustices and Barons judgement was given by the Barons of the Exchequer that the said IOHN HAMPDEN should be charged with the said summe so assessed on him And whereas some other Actions and Processe depend and have depended in the said Court of Exchequer and in some other Courts against other persons for the like kind of charge grounded upon the said Writs commonly called SHIPWRITS all which Writs and proceedings as aforesaid were VTTERLY against the Law of the Land Be it therefore declared and enacted by the Kings most Excellent Maiestie and the Lords and Commons in this present Parliament assembled and by the authority of the same That the said charge imposed upon the Subiect for the providing and furnishing of Ships commonly called Ship-money and the said extraiudiciall opinion of the said Iustices and Barons and the said Writs and every of
and preaching according to the Canons and constitutions of the Bishops and their Clergie * * See the 13. Eliz. chap. 12. And what composition rate for tythes or other oblations this Defendant or any of the said Inhabitants have payed unto the said Complainant the same was unduly exacted by the Complainant so as the said complainant hath no right nor title by colour of any such prescription or custome to have and demand the said composition rate for the premises or any of them on this Defendant as in the said bill is set forth and demanded for that by authority of this present Parliament the function and Miniministrie of Bishops Parsons and Vicars are abrogated and avoided * * Hierarchy exterpated root and branch and government by Prelacy whereof Vicars be part See the Ordinances of the 9. of Octob. and the 16. Novemb. 1646 2. part book decl fol. 922. 932. see also the Covenant And likewise the book of Common prayer and the administring of the Sacraments and preaching according to the Bishops Canons and injuctions by authority of this present Parliament utterly taken away and disannulled ††See the Ordinances of the 3. Ian. 1644. and 23. August 1645. Parl. Decl. 2. part fol. 715. 716. And this Defendant doth conceive no tyth or composition rate for tyth nor any other oblations for Poultrie are due by law but have been taken no otherwise then by Iewish or Popish institution * * Tyths are not due iure divino and at this present there is no law to compell their payment Cook Rep. 2. Quen d. Winchester and provision as by the Statute made for the payment of tythes and oblations whereunto reference being had will appeare the same being made only for the maintenance of the Popish and prelaticall Clergie and Ministrie and no other And he this Defendant beleeveth is to be true and hopeth to prove that neither by the law of God nor man any tyths composition rates for tyths or other oblations for poultrie ought to be paid to any persons or Vicars or other Ecclesisticall Minister or Ministers whomsoever for this Defendant saith that by the Parliaments Protestation made by authority of this present Parliament the 5. day of May 1641. against popery and popish innovations all Lawes Customes Acts and Ordinances for the payment of tyths or manner of tything raâ—e or composition for tyths or other oblation to any parson or Vicars of any parish within this Kingdome their names and offices being Popish and Antichristian the same having no foundation in the word of God are utterly void and null And this Defendant denyeth that he ever did nor now doth combin practice or confederate with the other Defendants named in the said Bill or any of them or with any other person or persons whatsoever to wrong the said Complainant as in the said Complainants bill is untruly suggested And without that this defendant had depastured within the said Parish eight and twenty Cowes within the said parish as in the Complainants bill is alledged or that the Complainant is Debtor or Accountant to the King or that the said Complainant is unlawfully intituled to have receive and take the Viccarage tyth or the composition rate for tyth and the said oblations as were formerly payed to the POPISH VICCARS HIS PREDICESSORS if in case the same had been payed as in the said bill is alledged And without that any other matter or thing in the said bill of complaint contained materiall or effectuall to be answered unto and not herein fully answered unto confessed and avoided traversed or denyed is true therefore this Defendant humbly prayeth to be dismissed out of this honourable Court with his reasonable costs and expences in this behalfe wrongfully had and sustained Mr Fage Senior Councellor But what just proceeding Mr. Brown had upon this Plea before the present Barons of the Exchequer his own Petition to themselves and to the House of Commons against them will very fully demonstrate the first of which thus followeth To the Right Honourable His Majesties Barons of the Court of Exchequer The humble Petition of William Brown SHEWETH THat Iosua Hoyle now Vicar of the Parish of Stepney ever since he got the Vicarage hath been very troublesome and vexatious to your Petitioner and other the Parishioners there endeavouring by illegall forcible and indirect wayes and meaness to extort from them tythes and certaine manner of tything which by law he could not demand nor they compelled to pay as by their learned councell they are informed and hope to prove if they may have the benefit of the Law which is the inheritance of every free-borne English-man That under colour of the Ordinance for tythes the said Mr. Hoyle did take from your petitioner goods of a considerable value for which your petitioner hath no satisfaction That the said Mr. Hoyle the more to vex your petitioner causelesly served your petitioner with a Subpena to answer a bill in the Court of exchequer for pretended tythes and other duties to which Bill your petitioner in Michaelmas terme last answered by advise of his Councel learned in the Law divers other of the said parishioners being named defendants in the said Bill but not served till Easter terme last of purpose to put them to the more charges and weary them out with Multiplicity of Suits and unnecessary Expences in Law That the said Mr. Hoyle procured an Order of this Court that your Petitioner should shew cause by a certaine day in the last Terme why your petitioners Plea and Answer should not be taken of the file as scandalous and your Petitioner ordered to pay cost and make a further and better answer That your petitioner in obedience to the order of the Court by his councell Mr. Norbery and Mr. King attended several dayes to shew cause for allowing his plea and answer but when that cause was called upon your petitioners Councellours were not suffered to shew forth to the Court the sufficiencie in Law of your petitioners said plea and answer Baron Atkins telling your petitioners counsellers that Mr. Fage who subscrib'd the same his hand should never be received again in that court further threatn'd your petitioners councellours saying that if they or any other Councellours should appeare in any such cause should be debarred from pleading in that Court whereupon though the said Mr. Norbery Mr. King were prepared able and ready had undertaken to maintain your petitioners said plea and answer to be good and sufficient in law was so overawed by Baron Atkins that for feare to offend him and the Court they were silenced and so without further debate or Councel heard your petitioners Plea was over ruled and this Answer Judged scandalous and insufficient and your petitioner further ordered to pay forty shillings cost and make further answer That your petitioner is a free-man of England and by the great Charter of Liberty ought to be under the
which imprisonment besides my large expences there I lost at London in debets c. my Debtors taking the advantage of my araignment for treason would as they said pay us Traytors debts about 600. l. every penny of which lay upon mine own particular shoulders And comming out with the same Principles I went in I betook my selfe to my sword againe having refused here at London divers places of ease profit honour with much resolution integritie in the midest of many discouragements I fought under the Earle of Manchesters command so long tell by his and others visible apostatising from the first declared ends and by the wjckednesse treachery basesse and perfidiousnesse J found there I had lost all my principles and could not for all the world any longer kill Caveleeres in whose service I was plundered the third time at Newarke to the value almost of 100 l. besides many scores of pounds of my owne mony in that â—â—vice I spent * * Which I did upon this ground at the first modalizing of Sir Tho. Fairfaxes Army the Parliament voted that none should beare office in that new Modell but he that would take the Covenant whereupon though I was profered better imployment then before I ever had yet I told Liev. Generall Cromwell whose white Boy then I was that upon them tearmes I scorned to be so base as ever againe to draw my sword for the Parliament for hâ—itherto I had served them faithfully and uprightly out of principles of Conscience and not as a Mercenary for their money and what â—â—â—â—soever he was that should grow iealous of me without a cause I would never againe upon my tearmes in the world serve that Master any more As for the Covenant every Knave and Rascal that had no more conscience then a dog would take either it or any other oath whatsoever for his own advantage and for his gaine and profit breake it as soon as he had taken it but J told him I for my part was compelled to be honest out of a principle of conscience and not out of the forcâ— of Oaths And besides I for my particular would never be such a Traytor to the lawes of my God and to the liberties of my native Country as to take such an insnaring intangling dishonourable Scotch Oath more then ever there I received there being due unto me at this day for my arreare there the greatest part of a thousand pounds as I doubt not upon just and 〈◊〉 grounds clearely when you please to make appear That at the laying down my command J rigorously with all the interest J had in England betook my selfe to an earnest prosecution to obtaine at the hands of your house my iust and long expected and promised reparations from my cruell Star-Chamber Iudges one of which viz. old Sir Henry Vaine sits in your House at this day in the following of which I met with such hard and unreasonable measure not only from the hands of your hâ—â—se it self * * Who by Mr. Speakers meanes Committed me at eight a clock at night without hearing me though at your doore or without seeing those that accused me and afterward made an Order to arraign me for my life at Newgate Sessions and yet releast me without telling me wherefore I was imprisoned See my book called Innocency and Truth iustified but also from its Committees in being causlesly tossed and tumbled out of the hands of one Messenger to another and from one Goale to an other that it made me almost as weary of the Land of my nativity as ever the Jsraelitas were of Aâ—gipt when the cruell Tyrant Pharoah made them to make bricks without straw especially when I considered that all this was done unto me by those for the saving alive and preserving of whom J had so often freely and resolutely with my sword in my hand adventured my life and in the dayes of their greatest straights and calamities been as faithfull to them as ever Jonathan was to David when he hazzarded ruine and distruction from his father for siding with him Yea and if it had then been in my power could have done a thousand times more then I did verily believing they would have performed their just Declarations to the Kingdome But before the storm of your indignation was well blown over the fearcenesse of which had almost overwhelmed me behold such a furious tempest the 10. of Iuly 1646. ariseth against me by the House of Lords as if it would have blown me into an other Horzian or have Metamorphased me into the shape and habit of a bruit beast and have robbed me of all things that might give me the denomination of a man LEVELLING thereby the Liberties and freedomes of all the Commons of England unto their arbitrary Lordly wills And having about 18. moneths ago fled unto you as justly I might for shelter protection and justice against them which by my severall Pleas before your Committees I have proved you ought long since to have afforded me and having the 11. of this instant in halfe a sheete of Paper presented here at your doore as now I doe to your hands an abstract of the Lords tyrannicall illegall dealing with me And of all by way of Plea I have for my selfe to say with a desire to stand or fall under your Judgement thereupon which yet J cannot obtaine from you and therefore referring you to that Abstract and to my Grand Plea before Mr. Maynard upon the 20. October last and my Additionall Plea annexed unto it for all the particulars â— crave and challenge at your hands as my right and due I adjure you before Heaven and Earth and before the Lord Iehovah and his mighty and glorious Angells without any more delay to adjudge my cause betwixt the Lords and me either to my justification or condemnation and to doe me Justice and right by helping me to my owne kept from me by you and doe not by your 7. yeares delay of justice lay more provocations upon me then my strength and ability is able to beare and then go about to distroy me for my crying out of your oppression when in the eye of â—eason I have no other remedie left me in this world but that or to distroy my selfe wife and Children which even nature it self abhorâ—s or else to live upon the kindnesses of those that in future time to my reproach shall as some from whom I should little have expected it have lately done hit me in the teeth with it which makes the proffer of their courtesies a scorn unto me and the thoughts of not being able to â—epay them againe a burthen to my spirit And therfore to conclude let me in the bitternesse of my spirit say unto you as the unrighteous Judge said unto himselfe although by your actings towards â—â— you declare that you neither feare God nor reverence 〈◊〉 yet for my necessitie and pressing importunities take now at last to doe just and right
their rotten praises and uphold their new confuâ—â—d Babell sandy interest though in this book by reason of the great distractions of the kingdome I thought to have been very tender of the House of Commons and its committees yet because slavery and tyranny is already goe over the threshold I must furnish my friends with some weapons to keep it out of the kitchine and Hall least it get possession speedily of the whole house and for that end I shall insert my Defiance to Tyrants in a plea which thus followeth A Defiance to Tyrants Or a Plea made by Lievt Col. Iohn Lilburne Prerogative Prisoner in the Tower of London the 2. of Decemb. 1647. Against the proceedings of the close and illegall Committee of Lords and Commons appointed to examine those that are called London Agents with divers large additions unto which is annexed a Plea for the said Citizens of London against the Committee for plundered Ministers for their illegall imprisoning them for refusing to pay Tithes ALL Magistracy in England is bounded by the â—oâ—wn and declared Law of England a a See the Petition of right and Sir Edw. Cooks 4. part institutes Chap. high Court of Parliament and while they Act according to Law I am bound to obey them but when they leave the rules thereof and walk by the arbitrarie rules of their own Wilt they doe not act as Magistrates but as b b See King Iames his speech to the Parl. at White Hal 1609. and 1. par book Decl. pag. 150. and my book called the Out-cryes of oppressed Commons pag 16 17. 18. and my Epistle to Mr. Martin of the 31. May 1647. called Rash Oaths pag. 56 Tyrants and cannot in such actings challenge any obedience neither am I bound to yeeld it but am tyed in conscience and duty to my self and my native Country therein to resist and withstand them and if their Officers goe about by force and violence to Compell me to obey and stoop unto their arbitrary and illegall command c c See Cooks 2. part inst upon the 29. chap. of Magna Charta fo 52. 53. and fo 590 591. and regall Tyrany p. 78. 79. 80 81. and Vox Plebis p. 37. and my plea before Mr. Martâ—n of the 6. Novem. 1646. called an anatomy of the Lords tyrany pag. 5. 7. â— I may and ought if I will be true to my native and legall freedoms by force to withstand him or them in the same maâ—ner that I may withstand a man that comes to rob my house or as I may withstand a man that upon the high way by force and violence would take my purse or life from me And therefore all Warrants comming from any pretended or reall Committees of Lords and Commons to command me before them that are not formed according to the Law of England I ought not to obey but withstand and resist upon paine of being by all the ambiased understanding men of England esteemed a betrayer and destroyer of the Lawes and liberties of England for the preservation of which I ought to contest as Naboth did with King Ahab for his vineyard 1 King 21.2 3 4 13. And by the Law of England no warrant or processe ought to issue out to summon up any man to any Court of Justice in England whatsoever till a complaint by a certain prosecutor be filed or exhibited in that Court of iustice from whence the warrant processe or Summons comes which warrant processe or Summons ought expresly to containe the nature of the cause to which I am to answer and the name of my prosecutor or complainants or else it is not legall and so not binding but may and ought to be resisted by me and the Court must be sure to have legall jurisdiction over the causes Secondly All the Capacities that either the House of Commons or Lords can sit in is First Either as a Councell and so are to be close and for any man whatsoever in that Capacitie to come or offer to come in amongst them that doe not belong unto them is unwarrantable and so punishable d d Se Cooks 2. part inst fol. 103. 104. 4. part inst Chap. High Court of Parlm and the book called the manner of holding Parlmts Mr. Prinns relation of the triall of Col. Nath Fines p. 13. and regall tirany pag. 82. 83. or else Secondly As a Court of Iustice to try and examine men in criminall causes and in this capacitie they or any of their Committees ought alwayes to Sir open for all peaceable men freely to behold and see e e See 2. part inst fol. 103 104. and my book called the resolved mans resolution p. 56. and regall tyrany p. â—â— â—2 83. Mr. Prinns relation of Col. Nath. Fines his tryall p. 11 12 13. or else I am not bound to go to any tryall with them or answer them a word and therefore in this sense most illegall is the close Committee of Lords and Commons f f See my grand plea and my letter 11. Nov. 1647. to every Jndividuall Member of the House of Commons See Sir Edw. Cooks exposition of the 14. and 29. Chap of Magna Charta in his 2. part inst and regall tyranny p. 43 44 72 73 74 85 86. and Vox Plebis pag. 38 39 40 41 42. and my Epistle to the Lievt of the Tower the 13. Ian. 1646. called the oppressed mans oppressions declared p. 17. 18 19. for examining those they call London Agents or any other whatsoever And Thirdly that Close Committee is most illegall being a mixture of Lords with Commons seeing the Lords are none of their or my Peers and Equalls by Law and so cannot nor ought not to be there to be my examiners tryers or Judges and a traytor I am to the lawes and liberties of England if I stoop or submit to the jurisdiction or power of such a mixt Committee f Thirdly It is contrary to Law and expresly against the Petition of right either for this Committee of Lords and Commons g g See Vox Plebis p. 38. my anatomy of the Lords tyrany p. 10. and Thompsons plea against Marshall Law or any other Court of justice or Committee whatsoever to force mee or any man to answer to interrogatories against my self or my neer relations Fourthly Neither can they legally go about to try or punish me for any crime that is triable or punishable at Common law i i See the proofes in the third Maginall note at the letter C. k k Which Statute you may read before p. 6. and take notice of this that all misdemeanors whatsoever are Baileable l l See the 3. E. 1. c. 26. and 4. E. 3. 10. and 23. H. 6 10. Rast plea. fo 31. 7. Vox Plebis p. 55 56. 57. and my late Epistle to C. West late Liev. of the Tower calleâ— the oppressed mans oppressions declared p. 3 4. 1. part Cooks inst Lib. 3. chap. 13.
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. Coâ—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 Charâ—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 pâ—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 2â— 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 felonâ—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. â— 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 â—â— and 22. objections which