intendeth by the grace of God to send over the â—…a a great Army trusting thereby not only to preserve this his Realm in its ancient â—ante and honour etc. Howbeit many times by the inordinate covetousness of Captains retained with Princes afore this time Great part of the number of Souldiers for whom such Captains have indented with Princes at time of need have lacked of the number of Souldiers whereby great jeopardy hath insued inrecuperable damages may insue if remedy therefore be not seen and had Be it therefore ordained by Authority of this present Parliament That if any Captain be retained or hereafter shall be to serve the King upon the Sea or beyond the Sea or in feat of War which have not his or their whole and perfect number of Men and Souldiers according as he shall bee retained with the King or give not them their full wages without abridgement as he shall receive of the King for them he shall for such default forfeit to the King all his goods and Chattels and his body to the prison and that every Captain and petit Captain and all other having under them retinue of Souldiers at the Kings wages shall upon the pain aforesaid pay to the retinue of the Souldiers and every of them tho wages rateably as is allowed unto them by the King our Soveraign Lord or the Treasurer of his Wars without lessing or withdrawing any part thereof c. The Statute of Anno septimo H 7. cap. 1. is also very strict against your Highness but Sir I will read one Statute more to this particular Anno secundo tertio Edwardi sext Cap. 2. And be it also Enacted by the Authority aforesaid That if any Captain or any other before named having the Order of any number of Souldiers serving as is aforesaid upon the Sea or Land do at any time after the first day of April demand receive or take of the Kings Highness or any of his Treasurers any wages for any more Souldiers then served in such manner and form as the wages was paid for sr for any more days then such Souldiers served and do not note the day of every Souldiers entry into wages and day of his death and departure and deliver the same in writing to such Treasurers as shall pay the wages c. Pluto Hold this is worse and worse Pract. Give me leave to read but one Statute more and that is against sending Children to be bred beyond Sea in Papist houses Anno tertio Caroli Regis cap. 2. Forasmuch as divers ill-affected persons to the true Religion established within this Realm have sent their Children into forraign parts to be bred up in Popery c. Be it Enacted etc. That in case that any person or persons under the obedience of the King his Heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Child or other person out of any of the Kings Dominions into any the parts beyond the Seas out of the Kings Obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuites Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed c. being thereof lawfully convicted in or upon any Information Presentment or Indictment as aforesaid shall be distnabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any suit in any Court of Equity or to be committed to any Ward or Executor or Administrator or any person capable of any Legacy or Deed of Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Free-hold for and during his natural life c. Pluto Read no further I am guilty of all these Statutes and many more and therefore Proserpine I will immediately make my Will Call the Ordinary he hath a rare faculty in making Wills in Paper to last seventeen years in the lining of a Doublet Pract. I have not half done give me leave to read all Pluto Read all and be damn'd Pract. Hen. 3. Anno 9. cap. 30. Magna Charta runs thus No Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be outlawed or exiled or any otherwise distroyed nor we will not pass upon him nor condemn him but by lawful Iudgement of his Peers or by the Law of the Land we will sâ—ll to no man we will not deny or deferre to any man either Iustice or Right Pluto Read no further of that which is next Pract. The next is the Learned Conference in Caroli primo between the Lords and Commons concerning the Great Liberties of the Commons Pluto Prithee read but when you come to Latine English it as you go because of Sir Edward and my Self All the Stage being cleared Enters Pluto Sir Edward Lack Latine Bishop Post Practice and Instrument POst Practice Sir I am not satisfied that your Highness should make your will yet for Sir Edward and I have lately consulted and fain would be at the other touch Sir Edw. Right I am resolved to venter my Neck after my Ears 't is but a venture and now you have money good stood store you do not know but Coffophilo may either die or be tired out for want of money Pluto Well let me hear which way now Gentlemen how many Actions is now against him and how many have been tryed Practice We have tryed in all seventeen and there yet remains five more Pluto How many hath he cast us in Sir Edw. All. Bishop I am for no more Tryals till my Trial be over for my Perjury Instrum Bishop let me tell you your Parishioners are now totally your enemies since they heard you was such a Knave to plead the Ingagement in Barre to a poor Cavalier-Minister that sued you in the late Times for money his name was Green a poor sequestered Minister whose Conscience was not free to take the Ingagement and thus the poor Gentleman lost his suit Your Wife may well be mad if half be true as I was told by one of your Parish the child sent in the basket Pluto Hold no more Enter Shackells with a Note from Pluto's Council Shackel SIr pray read this Pluto What is 't Shackel Shackel 'T is Latine Pluto Read it Sir Edw. Lack-Lat Practice give it me Carol. secund Dei gratia How what this attach the body of Pluto Pluto O me Good Behaviour I am a Peer Instrum I there is not the Peer of your Highness now what 's to be done Pluto Did not Proserpine tell us that Magna Charta cared no shore for a Great man
that I will be a bubble to your hooks my Sword ever hated a damned English Jury Sir Foulmouth Give me leave to give you your 200 l. and I am gone I wish I could as well part with my Dub as I can give you your 200 l. I would never be for you more yet be rul'd and I will put you in a kind of an Arbitrary way Pluto As much as you can but give me my 200 l. again then go drink all night and the next morning forget 't is a Hall-day Lose your Clyents Cause 't is not the first time you took a Fee when you did not understand your breviate Sir Foulmouth Then farewel Pluto I believe you will find rhe bold Britain at Grays-Inn of my mind Exit Pluto He is gone and now he is gone what is he but a blackmouthed bawling senseless fellow one that can only throw dirt on an honest Witness without Cavere Law he hath none but why do I rage I am resolved to take thy counsel Dear Lack-Latine and Practice and you Instrument will be a great advancer of our design therefore let us go in and settle our Affairs Exeunt Scen. II. Enter Sice-Ace and Pitfal Sice-Ace Truly Sister Pitfal I did not like Proserpines last nights discourse I know her birth she was Sweet-Scents daughter and you were born in Cheshire out of Saltpeter and my self of the old Charcole's Family in Staffordshire and I pray mingle us together and we are as good as Gun-powder and have been as soon Fired and Blown up as her Highness was But I will no longer endure her French tricks Do you mark how she cogs a Die O she outstrips you far Pitfal Pitfal And I always lose on Sice-Ace Exeunt Scen. III. Enter Cap. Bluster Cap. Plunder Cap. Ignorance with the rest of the Jurors Blust What in his own name I mean the Devils name I must speak plain to you Cap. Ignorance I say again what doth Pluto intend by our Summons to make us Jury-men Be it I am resolved to do nothing without a fat Buck out of Enfield Chace and 20 pieces beside Who do you think is like to be Foreman marry Sir Confident Empty-Scull a meer plain Ale Rogue O I hate a Rogue that will be drunk with Ale besides he can neither Write nor Read neither has wit to know how to say agreed But hold here is Tipst aff coming I think look about you We shall I warrant you receive Orders from Pluto's Court Enter Tipstaff with a Warrant which he reads to them Tip. You Gentlemen Hecks of the Jury are to make your personal appearance to morrow at 8 a clock in the forenoon exactly at Pluto's Court and I am to desire you that you will neither drink nor go to Sodom this night because weighty affairs require your more than ordinary courage and after your Verdict is delivered you shall find Pluto's Cooks dressing you a good Dinner under the Sun next to Hell Gate Cap. Spunge Well Tipstaff is this all what nothing in hand then I shall be sick in the morning I would his Highness had sent Bub or Brandy we might have held out with them 6 or 7 hours Tipst Farewel VVorthies of matter of Fact Cap. Plunder Well brother Jurors you remember eight a clock to morrow Wee 'l not be long upon the Evidence for Pluto's Dinner may then be spoyl'd me thinks I see Col. Judgement and Want-Credit knuckle deep in Venison Pasties in the interim le ts loose no time I am for the Sack shop Farewel Omnes Farewel and be hang'd that 's twice God b'w'y ' Exeunt Scen. IV. Enter Pluto Lack-Latine Practice Instrument Shackles Tipstaff Bub Brandy and Surribus Pluto Let us sit down and hear the Commission read Instrument Do you read it and then my dear friends you will thereby understand what Officers and Instruments are designed for you Enter Proserpine Proserp What Treason 's this black Council of the Deep Do you intend without my knowledge here to settle your selves and leave me out am not I as the Diverb says the Grey Mare what if I lost the other night 200 l. in Sice-Ace's company which by the clack of Caerion Pitfall's everflitting tongue came to my Pluto's ears did I abate ought of my grandeur or let fall my Pride And shall I now admit Pluto Patience Proserpine if you 'l a while withdraw you shall find things done answerable to your mind Side But friends are you willing that Proserpine shall be joyned with you in the Commission of Oyer and Terminer she may do us good service for she has a notable Head though at Play her luck be naught but that Peccadillo I have forgiven speak Gentlemen are you willing she shall be joyned Latine for all Yes so if it please your Highness Pluto Then interline her name and let her sit as one of Us. Bishop I first desire to be heard one word that is if her Highness offer to speak French there are 2 or 3 damn'd English Jury-men that will be yery cross and spoil the Verdict your Highness therefore must engage her to leave off that while she sits in Court Pluto Well moved and like a Bishop or Ordinary Call Proserpine in You are welcom Madam pray sit quiet till the Commission be read Proserp Tell not me of quiets before I 'le be oblig'd to that I 'le know how I stand in the Commission or else you shall keep no quiet Sessions here you know I made a disturbance at a greater meeting than this Pluto Stop a Pin there Proserp What because you and I were out of favour for it But proceed to Read if you will Pluto You Rascal Cryer must you be call'd on to do your duty Make an O yes and proclaim silence Silence being made the Cryer reads the Commission as follows Cryer Pluto and Proserpine Lord and Lady of the Deeds of the under world c. send greeting To our Right Trusty and well beloved Sir Edward Lack-Latine my Recorder Post Practice my Solliciter General Dick Instrument my Remembrancer and to our Trusty Shackles our Jailor Cap. Bub and Cap. Brandy Setting-Dogs and Turn keys to Shackles with Tipstaff Surribus Want-Practice c. Know Ye That forasmuch as Truth Virtue and a Quiet Life is like to be promoted against the Interest of our selves by a damn'd Turk named Coffo-Philo We of our Princely Grace and Favour do Authorise you to meet whereof 3 of you to be a Quorum and that you cause Jurors to come before you to enquire the best way to destroy the growth of this Coffo Filo for Reasons best known to our selves Proserp Read no further Pluto Why are you pleased Madam Pros No. Pluto What is the Reason Pros Because all our Titles are not in the Front of the Commission as Captain General Pluto Prethee Wife Peace that Title I dare not own Mum for that But M. Recorder tell the Court your opinion what is the best way to stifle this Heresie of Coffo
Intel. They say that Proserp though the grey mare is the better horse and wears the breeches playing away her money freely many an undone younger brother hath been set at Humber Picquet in a night Proserp Pray Husband let me speak a word you did allow me the selling of 5 or 6 places in a year and then I had 300 l. a year for my allowance besides other ways of progging for money therefore I may afford to Play 't is my own only I confess I owe Coffo Philo 300 l. which I borrowed on my Jewels as you have heard Pluto Pray where is my Charge Cap. Intelligence Cap. Intell. There it is in writing take it with a comment upon it and a many great Authorities against all your unjust Arbitrary proceedings and I have put you to the cost of one copie of the Statute of Anno tertio Car. and the reason why I brought it is because your Highness is much blamed for sending your two Daughters into France to be bred Papists in a Nunnerie where your eldest daughter Charnock torments her self and cries out she will be a Protestant or else she will destroy her self to the great admiration and pitie of Sir Thom. Arpe who hath sent to have the poor young Ladie sent for away to England Nay Sir should I have paid for all the copies of the Charge against you my 4 s. a day would not have held out but I must have a dead pay for what I have done alreadie or else you may go look Pluto Dear Cap. Intell. read them to me and then we will Adjourn the Court or else this foolish troublesome fellow Magna Charta will secure us all under his Shackles Pract. Give me the papers I will read them Pluto Prithee do and I would have you Sir Edw. Lack. to make notes on what you have read Pract. Anno 9. H. 3. Cap. 29. Magna Charta runs thus No Free-man shall be taken or Imprisoned or be disseized of his Free-hold or Liberties or Free-Customs or be Outlawed or Eriled or any other ways destroyed Nor We will not pass upon him nor condemn him but by lawful Judgement of his Peers or by Law of the Land We will sell to no man We will not deny or defer to any man either Justice or Right Pluto Read no further of that which is the next Pract. Sir there are so many more that it would be too tedious a work to read all but if you please I will read the Conference between the Lords and Commons concerning this great liberty of the Commons Pluto Pray do but if there be any Latine pray English it as you read because of Sir Edw. and my self Pract. I will read it The Commons having taken into their serious consideration the matter of personal Liberty and after long debate thereof an divers days aswel by solemn Arguments as single Propositions of Doubts and Answers to the end no scruple might remain in any mans breast unsatisfyed they have upon a full seaâ—ch and clear understanding of all things pertinent to the Question unanimously declared That no Free-man ought to be committed or detained in Prison or otherwise restrained by the Command of the King or Privy Council or any other unless some cause of the commitment detainer or restraint be expressed for which by Law he ought to be committed detained or restrained And they have sent me with others of their Members to represent unto your Lordships the true grounds of such their Resolution and have charged me particularly leaving the reasons of Law and Presidents for others to give your Lordships satisfaction that this Liberty is established and confirmed by the whole State the King the Lords Spiritual and Temporal and Commons by several Acts of Parliament the Authority whereof is so great that it can receive no Answer save by Interpretation or Repeal by future Statutes and those that I shall mind your Lordships of are so direct to the point that they can bear no other exposition at all and sure I am they are still in force The first of them is the Grand Charter of the Liberties of England first granted in the seaventeenth year of King John and renewed in the ninth year of King Henry the Third and since confirmed in Parliament above thirty times The words are thus Cap. 29. Nullus Liber homo Capiatur vel Imprisonetur aut Dissesietur de Libero Tenemento suo vel libertatibus vel Liberis consuetudinibus suis aut utlegatur aut exuletur aut aliquo modo destruatur nec super eum ibimus nec super eum mittemus nisi per Legale Judicium Parium suorum vel per Legem Terrae These words Nullus Liber homo c. are express enough yet it is remarkable that Matthew Paris an Author of special credit doth observe Fol. 432 that the Charter of 9. Hen. 3. was the very same as of the 17 of King John in nullo dissimilis are his words and that of King John he setteth down verbatim Fol. 342 and there the words are directly Nec eum in carcerem mittemus And such a corruption as is now in the print might easily happen 'twixt 9. H. 3. and 28. E. 1. when this Charter was first exemplified but certainly there is sufficient left in that which is extant to decide this question For the words are That no Free-man shall be taken or Imorisoned but by the lawful Judgement of his Peers which is by Jury Peers for Peers ordinary Jurors for others who are their Peers or by the Law of the Land which words Law of the Land must of necessity be understood in this notion to be by due Process of the Law and not the Law of the Land generally otherwise it would comprehend Bond-men whom we call Villains who are excluded by the word Liber for the general Law of the Land doth allow their Lords to Imprison them at pleasure without Cause wherein they only differ from the Free-men in respect of their persons who cannot be Imprisoned without a cause And that this is the true understanding of those words per Legem Terrae will more plainly appear by divers other Statutes that I shall use which do expound the same accordingly And though the words of this grand Charter be spoken in the third person yet they are not to be understood of Suits betwixt party and party at least not of them alone but even of the King's Suits against his Subjects as will appear by the occasion of the getting of that Charter which was by reason of the difference betwixt those Kings and their People and therefore properly to be applyed unto their power over them and not to ordinary questions betwixt Subject and Subject Secondly the words Per Legale judicum parium suorum immediately preceding the other of Per Legem Terrae are meant of Tryals at the King's Suit and not at the prosecution of a Subject And therefore if a Peer of the Realm be Arraigned at the Suit of the
good governance of the Commons That no man be put to answer without presentment before Iusticeâ— or matter of Record or by due Process and Writ Original according to the old Law of the Land And if any thing from henceforth be done to the contrary it shall be void in the Law and holden for Error But this is better in the Parliament Roll where the Petition and Answer which makes the Act are set down at large 42 E. 3 Rot. n. 12. The Petition Item Because that many of your Commons are hurt and destroyed by false Accusers who make their accusations more for their revenge and particular gain then for the profit of the King or his people and these that are accused by them some have been taken and others are made to come before the Kings Council by Writ or other Commandment of the King upon grievous pains contrary to the Law That it would please our Lord the King and his good Council for the Iust government of his people to ordain That if hereafter any accuser purpose any matter for the profit of the King that the same matter be sent to the Justices of the one Bench or the other or the Assâ—zes to be enquired and determined according to the Law And if it câ—ncern the accuser or party that he take his suit at the Common Law and that no man be put to answer without presentment before Iustices or matter of Record or by due Process and original Writ according to the antient Law of the Land And if any thing hence forward be done to the contrary that it be void in Law and held for Error Here by due Process and Original Writ according to the ancient Law of the Land is meant the same thing as Per Legem Terrae in Magna Charta and the abuse was That they were put to answer by Commandment of the King The Kings Answer is thus Because that this Article is an Article of the Grand Charter the King will that this be done as the Petition doth demand By this appeareth that Per Legem Terrae in Magna Charta is meant by due Process of the Law Thus your Lordships have heard Acts of Parliament in the point but the Statute of Westminster the first cap. 15. is urged to disprove this opinion where it is expresly said That a man is not Replevisable who is committed by the command of the King therefore the Command of the King without any cause shewed is sufficient to commit a man to prison And because the strength of the Argument may appear and the Answer be better understood I shall read the words of that Statute which are thus And forasmuch as Sheriffs and others which have taken and kept in prison persons detected of felony and oftentimes have let out by Replevin such as were not Replevisable and have kept in prison such as were Replevisable because they would gain of the one party and grieve the other And forasmuch as before this time it was not certainly determined what persons were repleviable and what not but only those that were taken for the death of a man or by Commandment of the King or of his Iustices or for the Forrest It is provided and by the King commanded that such prisoners as before were outlawed and they which have abjured the Realm provors and such as be taken with the manner and those which have broken the Kings Prison Thieves openly defamed and known and such as be appealed by provors so long as the provors be living if they be not of good name and such as be taken for burning of houses feloniously done or for false money or for counterfeiting the Kings Seal or persons excommunicate taken at the request of the Bishop or for manifest offences or for Treason touching the King himself shall be in no wise Replevisable by Common Writ or without Writ but such as be indicted of Larceny by Inquests taken before Sheriffs or Bayliffs by their office or of light suspition or for petty Larceny that amounteth not above the value of twelve pence if they were not guilty of some other Larceny aforetime or guilty of receipt of felons or of commandment or force or aid in felony done or guilty of some other trespasses for which one ought not to lose life or member And a man appealed by a provor after the death of the provor if he be no common thief nor defamed shall from henceforth be let out by sufficient Surety whereof the Sheriff will be answerable and that without giving ought of their goods And if the Sheriff or any other let any go at large by Surety that is not Replevisable if he be Sheriff or Constable or any other Bayliff of Fee which hath keeping of Prisons and thereof be attainted he shall lose his Fee and Office for ever And if the under-Sheriff Constable or Bayliff of such as hath Fee for keeping of Prisons do it contrary to the will of his Lord or any other Bayliff being not of Fee they shall have three years imprisonment and make a Fine at the Kings pleasure And if any withhold prisoners Replevisable after that they have offered sufficient Surety he shall pay a grievous Amerciament to the King And if he take any reward for the deliverance of such he shall pay double to the prisoner and also shall be in the great mercy of the King Pluto Dam me this is a damn'd Argument I do not like it for by this I find I have run into a Praemunire for keeping Coffophilo and his Brother in Prison under Shackles and keeping guard in his house neither can you Gentlemen keep your plunder by this Argument to try by Peers Why there was never the peer of this Shackles Pray Sir who shall Captain Bub and Brandy and my self keep harmless I find the Proverb true He that is born to be hang'd shall never be boyl'd in Oyl Brandy Will swearing do no good to hang this Coffo-philo Pluto Peace Gentlemen we shall have need of all your swearing Oh that a Jury would believe here are arrant Knights of the Post stand to it Shackles you shall all swear and be d Bub. T is true Post Practice you swore home to hang your Country-men when they were for the King at the rising in Lincolnshire Pluto No rubbing of old sores Gentlemen here is a new Ulcer will want curing Bishop Do not quarrel Gentlemen I 'le teach you your Neck-verse Would to Heaven I might have the favour to read mine Such of you as are without benefit of my Function as some of you are and therefore I will make you Paper Wills that shall last seventeen year in the lining of a doublet Pluto Practise Pray read that damn'd Statute against Captains cousening and defrauding their Prince and Souldiers there is two of them read them both the one of Henry the Seventh and the other of Henry the Eighth Pract. I will Anno tertio Hen. 8 cap. 5. Forasmuch as the King our Soveraign Lord