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

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remedy hath ordained and established by authority aforesaid That no Iustice of peace within the Realm of England in any County shall be assigned or deputed if he have not lands or tenements to the value of 20. l. by yeare and if any be ordained hereafter to be Iustices of peace in any County which hath not lands or tenements to the value aforesaid that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another sufficient in his place and and if he give not the said knowledge as before within a moneth after that he hath notice of such Commissions or if he sit or make any warrant or precept by force of such Commissions he shall incur the penalty of 20. l. and neverthelesse be put out of the Commission as before and the King shall have the one half of the said penalty and he that will sue for the King the other half and he that will sue for the King and for himself shall have an action to demand the same penalty by writ of debt at the common Law Provided alwayes that this Ordinance shall not extend to Cities Towns or Boroughs which be Counties incorporate of themselves nor to cities towns or boroughs which have Iustices of peace of persons dwelling in the same by commission or warrant of the King or of his progenitors Provided also that if there be not sufficient persons having lands tenements to the value aforesaid learned in the Law and of good governance within any such County that the Chancellor of England for the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not lands or tenements to the value aforesaid by his discretion 27. H. 8. chap. 24. The 20. of Henry the 6. Chap. 8. fol. 336. In what case the Kings Purveyors that would take Cattell may be resisted ITem it is ordained by the authority aforesaid that the Statutes before this time made of Purveyors and buyers shall be holden and kept and put in due execution And in case that any purveyor buyer or taker will take and make purveyance or buy any thing to the value of forty shillings or under of any person and make not ready payment in hand that then it shall be lawfull to every of the Kings liege people to retain their goods and cattels and to resist such purveyors and buyers 28. Ed. 3. 12. and in no wise suffer them to make any such p●rveyances buyings or takings And to keep the peace better every constable tithingman or chief pledge of every town or hamlet where such takings or purveyances shall be made shall be helping or assistant to the owner or seller of such things to be taken against the forme of this Ordinance to make resistance in the manner aforesaid in case that such constables tithingmen or chiefe pledges be required so to doe upon pain to yeeld to the party so grieved the value of the things so raken with his double damages and that none of the Kings liege people be put to losse or damage by the King or any officer for such resistance And that none of the K●ngs officers shall cause to be arrested vexed or impleaded in the Court of the Marshalsey or else where any of the Kings liege people for such detaining or not suffering to be done upon paine to loose 20. l. the one moity thereof to the King and the other moity to him which will in such case sue and that the Iustices of peace in evety County shall have power by authority of this Ordinance to inquire hear and determine as well at the suit of the King as of him that will sue of any thing done against this Ordinance and thereof to make due punishment and execution and to award damages to the party plaintife when any defendant is thereof duly convict and that upon every action to be taken upon this Ordinance every party defendant shall be put to answer unto it without the aid of the King and in such actions to be taken processe shall be made as in a writ of trespasse done against the peace and that in every Commission of Purveyors buyers or takers to be made this Ordinance shall be contained and expressed And moreover that this Ordinance among other Statutes of purveyors buyers or takers before this time made shall he sent to the Sherifes of every County of England to proclaim and deliver the said Statutes and Ordinances in the manner and forme contained in the Statute of purveyors and buyers 2. H. 6. 2. 36. E. 3. 6. made the first year of the reign of our said Lord the King upon the paine contained in the Statute And moreover the King will and commandeth that the Statute made the 36. year of King Edward late King of England the third after the conquest touching the purveyors of other persons then of the King shall be put in due execution 2. H. 4. 14. The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriffe shall let to Farme his County or any Bailiwick The Sheriffes and Bailiffes fees and duties in severall cases ITem the King considering the great perjury extortion and oppression which be and have been in this realme by his Sherifes under Sherifees and their Clerkes Coroners Stewards of franchises Bailifes and keepers of prisons and other officers in divers counties of this realm hath ordained by authority aforesaid in eschewing of all such extortions perjury 20. H. 7. fo 12. 21. H. 7. fo 36. 4. H. 4. 5. Kel fo 108. ●1 H 7. fo 16. Rast pla fo 318. Coke pla 365. 3. E. 1. 26. Dyer fo 119. and oppress●ion that no Sherife shall let to farme in any manner his county nor any of his Bailiwicks Hundreds nor wapentakes nor that the said Sherifes under Sheifes baili●ffes of Franchises nor any other Bailiffe shall return upon any writ or precept to them directed to be returned any inquests in any panell thereupon to be made any Bailiffes officers or servants to any of the officers aforesaid in any panell by them so to be made nor that any of the said Officers and Ministers by occasion or under colour of their office shall take any other thing by them nor by any other person to their use profit or avail of any person by them or any of them to be arrested or attached nor of any other of them for the omitting of any arrest or attachment to be made by their body or of any person by them or any of them by force or colour of their office arrested or attached for fine fee suit of prison mainprise letting to baile or shewing any ease or favour to any such person so arrested or to be arrested for their reward or profit but such as follow that is to say For the Sheriffe twenty pence the Bailiffe that maketh the arrest or attachment foure pence and the Gaoler if the prisoner be committed to
amerced saving his wainage if he fall into our mercy And none of the said amerciaments shall be assessed but by the oath of honest and lawfull men of the vicinage Earles and Barons shall not be amerced but by their PEERS and after the manner of their offence No man of the Church shall be amerced after the quantity of his spirituall Benefice but after his lay tenements and after the quantity of his offence Fitz Act. sur lest 34. Br. Amercement 2. 25. 33. 32. 53. 65. 10. H. 6. fo 7. 7. H. 6. fo 13. 19. Ed. 4. fo 9. 21. Ed. 4. fo 77. 28. Ass pl. 26. Cook l. 8. fo 28 59. 3. Ed. 1. 6. Chap. 26. Inquisition of Life and Member NOthing from hence shall be given for a ●●it of Inquisition nor taken of him that prayeth Inquisition of Life or Member but it shall be granted freely and not denyed Stat. 3. Ed. 1. 11. Stat. 13. Ed. 1. 29. Regist fo 133. 134. Chap. 28. Wager of Law shall not be without Witnesse Fitz. Ley 78. Bro. Ley 37. Co. inst fo 168. a. NO Bailife from henceforth shall put any man to his open Law nor to an oath upon his own bare saying without faithfull witnesses brought in for the same Chap. 29. No man shall be condemned without tryall Iustice shall not be sold or deferred 10. Ed. 4. fo 6. Dyer fo 104. Cook li. 5. fo 64 lib. 10. fol. ●4 lib. 11. fo 99. Regist fo 186. Col. pla fo 456. NO Freeman shall be taken or imprisoned or be disseised of his freehold or liberties or free customes or be outlawed or exiled or any otherwise distroyed nor We will not passe upon him nor condemne him but by lawfull judgement of his PEERS or by the law of the land We will sell to no man We will not deny or deferre to any man either justice or right Stat. 2. Ed. 3. 8. Stat. 5. Ed. 3. 9. Stat. 14. lid 3. 14. 28. Ed. 3. 3. Stat 11. R. 2. 10. Cook li. 8 f. 38. 59. Bro. Amerciamēt 6. 9. 11. 13. 20. 25. 27. 28. 31. 32 35. 37. 39. 43. 44. The 3. Edward the 1. fol. 25. There shall be no disturbance of free Election And because Elections ought to be free the King commandeth upon great forfeiture that no man by force of Armes nor by malice or menacing shall disturbe any to make free Election St. 9. Ed. 2.14 The 3. of Edward the 1. Chap. 6. fol. 25. Amercement shall be reasonable and according to the offence ANd that no City Borough nor Town nor any man be amerced without reasonable cause and according to the quantity of his Trespasse that is to say every freeman saving his freehold a Merchant saving his Merchandise a Villain saving his waynage and that by his or their PEERS St. 9. H. 3 14. V. N. B. fo 47. Regist fo 187. The 3. Edward the 1. Chap. 15. fol 27. Which prisoners may be made mainpernable and which not The penalty for unlawfull bailement ANd forasmuch as Sheriffes and other which have taken and kept in prison persons detected of felony and incontinent have let out by replevin such as were not replevisable and have kept in prison such as were replevisable because they would gaine of the one party and grieve the other And forasmuch as before this time it was not determined which persons were replevisable and which not but only those that were taken for the death of man or by commandment of the King Bro. Mainprise 11. 56. 78. Dyer fo 170. Fitz. Mainprise 1. 40. Bro. Mainprise 54 57 59 60 75 78. Cook li. 11. fo 29. Fitz. Mainprise 39. Bro. Main 6. 9. 11. 19. 22. 30. 48. 50. 51 53. 58 63 64. 73. 78 91. 94. 97 or of his Iustices or for the Forest It is provided and by the King commanded that such prisoners as before were outlawed and they which have abiured the realm provers and such as be taken with the maner and those which have broken the Kings prison theeves openly defamed and known and such as be appealed by provers so long as the provers be living if they be not of good name and such as be taken for house burning feloniously done or for false money or for counterfeiting the Kings seale or persons excommunicate taken at the request of the Bishop or for manifest offences or for treason touching the King himselfe shall be in no wise replevisable by the common Writ nor without writ But such as be indicted of Larceny by Enquests taken before Sheriffes or Bailifes by their office or of light suspition or for petty Larceny that amounteth not above the value of 12. pence if they were not guilty of some other Larceny aforetime or guilty of receit of felons or of commandment or force V. N. B. fo 40. V. N. B. fo 41. Regist fo 83. 268. or of aid of felony done or guilty of some other trespasse for which one ought not to lose life or member and a man appealed by a prover after the death of the prover if he be no common theefe nor defamed shall from henceforth be let out by sufficient surety wherof the Sheriffe will be answerable and that without giving ought of their goods And if the Sheriffe or any other let any goe at large by surety that is not replevisable if he be Sheriffe or Constable or any other Baylife of fee which hath keeping o● prisons and therefore be attainted he shall lose his fee and office for ever And if the under Shereffe Constable or Baylife of such as have fee for keeping of prisons doe it contrary to the will of his Lord or any other Baylife being not of fee they shal I have three yearet imprisonment and make 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 St. 27. E. 1. 3. St. 3. H. 7. 31 2. P. M. 13. The 3. of Edward 1. Chap. 26. fol. 30 ●one of the Kings Officers shall commit extortion ANd that no Sheriffe nor other the Kings Officer take any reward to doe his office Rast pla fo 317. Cook Inst 308. b. but shall be paid of that which they take of the King and he that so doth shall yeeld twice as much and shall be punished at the Kings pleasure St. 33. H. 6. 10. 4. ● 3. 10. The 25 of Edward the 1. Chap. 2. 3. 4. fol. 75 76. Iudgement given against the said Charter shall be void ANd we will that if any judgement be given from henceforth contrary to the points of the Charters aforesaid by the Iustices or by any other our Ministers that hold Plea before them against the points of the Charters it shall be undone and holden for nought
resident within the Shire where they shall be chosen the day of the date of the Writ of the summons of the Parliament And that the Kni●hts and Esquires and other which shall be choosers of those Knights of the Shires be also resident within the same Shires in manner and forme as is aforesaid Rast pl. fo 446. And moreover it is ordained and established that the Citizens and Burgesses of the Cities and Boroughs be chosen men Citizens and Burgesses resiant dwelling and free of the same cities and boroughs and no other in any wise 7. H. 4. 15. 8 H. 6. 7. 10. H. 6. 2. 23. H. ● 15. The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be Iustices of the Peace FIrst that the Iustices of the peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same counties by the advice of the Chancellor and of the Kings Councell without taking other persons dwelling in forain Counties to execute such office except the Lords and Iustices of Assises now named and to be named by the King and his Councell 1. Ed. 3. 16. 34. Ed. 3. 1. And except all the Kings chiefe Stewarde of the Land and Seigniories of the Duchie of Lancaster in the North parts and in the South for the time being 13. R. 2. 7. Chap. 3. Of what estate those Iurors must be which are to passe touching the life of man plea reall to forty markes damages ITem the King considering the great mischiefes and disherisons which daily happen through all the realm of England as well in case of death of a man as in case of freehold and in other cases by them which passe in enquests in the said cases which be common Iurors and other that have for little to live upon but by such inquests and which have nothing to loose because of their false oaths whereby they offend their conscience the more largely and willing thereof to have correction and amendment 2. H. 7. fo 13. 10. H. 7. fo 14. 9. H. 5. fo 5. 10. H. 6. fo 7. 8. 18. 7. H. 6. fo 44. Dyer fo 144 Cook Inst part 1. 272. a. Rast pl. fo 117. hath ordained and established by assent of the Lords and Commons aforesaid that no person shall be admitted to passe in any enquest upon tryall of the death of a man nor in any enquest betwixt party and party in plea reall nor in plea personall whereof the debt or the damage declared amount to forty marks if the same person have not Land or Tenements of the yearly value of forty shillings above all charges of the same so that it be challenged by the party that any such person so impanelled in the same cases hath not Lands or tenements of the yearly value of forty shillings above the charges as afore is said 28. Ed. 3. 13. 8. H. 6 29. The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers and who shall be chosen Knights of the Parliament ITem Whereas the election of Knights of Shires to come to the Parliament of our Lord the King in many Counties of the Realm of England have now of late been made by very great outragious and excessive number of people dwelling within the same Counties of the Realm of England of the which most part was of people of small substance * * This is a Statute of bondage and lesse of liberty 1. H. 5. 1. 10. H. 6. 2. 6. H. 6. 4. 11. H. 4. 1. 23. H. 6. 15. Rast pla fo 440. and of no value whereof every of them pretended a voice equivalent as to such elections to be made with the most worthy Knights and Esquires dwelling within the same Counties whereby manslaughters riots batteries and divisions among the Gentlemen and other peoples of the same Counties shall very likely rise and be unlesse convenient and due remedy be provided in this behalf Our Lord the King considering the premisses hath provided ordained and established by authority of this present Parliament that the Knights of the Shires to be chosen within the same Realm of England to come to the Parliaments of our Lord the King hereafter to be holden shall be chosen in every County of the Realm of England by people dwelling and resident in the same Counties whereof every one of them shall have land or tenement to the value of forty shillings by the year at least above all charges and that they which shall be chosen shall be dwelling and resident within the same Counties And such as have the greatest number of them that may EXPEND FORTY SHILLINGS by yeare and above as afore is said shall be returned by the Sheriffes of every County Knights for Parliament by Indentures sealed betwixt the said Sheriffes and the said choosers so to be made And every Sheriffe of the Realm of England shall have power by the said authority to examine upon the Evangelists every such choos●● how much he may expend by the yeare And if any Sheriffes re●urn Knights to come to the Parliament contrary to the said Ordinance the Iustices of Assises in their Seasions of Assises shall have power by the authority aforesaid thereof to enquire And if by enquest the same he found before the Iustices and the Sheriffes thereof be duly attainted that then the said Sheriffe shall incura●● pain of an hundred pound to be paid to our Lord the King and also that he have imprisonment by a yeare without being le● to mainprise or baile And that the Knights for the Parliament returned contrary to the said Ordinance shall loose their wages 10. H. 6. 2. Provided alwayes that he which cannot expend forty shillings by yeare as afore is said shall in no wise be chooser of the Knights for the Parliament And that in every writ that shall hereafter goe forth to the Sheriffes to choose Knights for the Parliament mention be made of the said Ordinances The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearely value in lands a Iustice of Peace ought to be ITem whereas by Statutes made in the time of the Kings noble Progenitors it was ordained that in every County of England Justices should be assigned of the most worthy of the same counties to keep the peace and to doe other things as in the same Statutes fully is contained 1. Ed. 3. 16 18. Ed. 3. 2. 13. R. 2. 7. 17. R. 2. 10. which Statutes notwithstanding now of late in many Counties of England the greatest number have been deputed and assigned which before this were not wont to be whereof some be of small behaviour by whom the people will not be governed nor ruled and some for their necessity doe great extortion and oppression upon the people whereof great inconveniences be likely to rise daily if the King therefore doe not provide remedy The King willing against such inconveniences to provide
his Ward foure pence And that the Sheriffe under Sheriffe Sheriffes Clerke Steward or Bailiffe of Franchise servant or Bailiffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panell but foure pence and that the said Sheriffes and all other officers and Ministers aforesaid shall let out of prison all manner of persons by them or any of them arrested or being in their custody by force of any writ bill or warrant in any action personall or by cause of indictment of trespasse upon reasonable sureties of sufficient persons having sufficient within the counties where such persons be so let to bail or mainprise to keep their dayes in such places as the said writs Fitz N. B. fo 251. B. Plow fo 60. Coke l. 10. fo 101. 37. H. 6. fo 1. Plow fo 60. Dyer fo 118. 323. 364. 7. Ed. 4. fo 5. Coke li. 3. fo 59. li. 10. fo 99. Rast pla fo 371. 31. El. 9. Dyer fo 25. bels or warrants shall require Such person or persons which shall be in their Ward by condemnation execution Capiat utlagatum or excommunicatum surety of the peace and all such persons which be or shall be committed to ward by speciall commandement of any Iustices and vagabonds refusing to serue according to the forme of the Statute of Labourers only except And that no Sheriffe nor any of his officers or Ministers aforesaid shal take or cause to be taken or make any obligation for any cause aforesaid or by colour of their office but only to themselves of any person nor by any person which shall be in their Ward by the course of the law but by the name of their office and upon condition writen that the said prisoners shall appeare at the day contained in the said writ bill or warrant and in such places as the said writs bills or warrants shall require And if any of the said Sheriffes or other Officers or Ministers aforesaid take any obligation in other form by colour of their offices that it shall be void And that he shall take no more for the making of any such Obligation Warrant or precept by them to be made but foure pence And also that every of the said Sheriffes shall make yearly a deputy in the Kings Courts of his Chancery the Kings Bench the Common Place and in the Exchequer of Record before that they shall return any Writs to receive all manner of Writs and Warrants to be delivered to them And that all Sheriffes under Sheriffes Clerkes Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises or any other officers or ministers which doe contrary to this Ordinance in any point of the same shall loose to the party in this behalfe indamaged or grieved his treble damages and shall forfeit the summe of 40. l. at every time that they or any of them doe the contrary thereof in any point of the same whereof the King shall have the one halfe to be imployed to the use of his house and in no otherwise and the party that will sue the other halfe And that the Iustices of Assises in their Sessions Iustices of the one Bench and of the other and Iustices of the Peace in their County shall have power to enquire heare and determine of office without speciall Commission of and upon all them that doe contrary to these Ordinances in any article or point of the same And if the said Sheriffes return upon any person Cepi corpus or Reddidit se that they shall be chargeable to have the bodies of the said persons at the dayes of the returns of the said Writs Bills or Warrants in such form as they were before the making of this Act. The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise No Officer shall seise the goods of a prisoner untill he be attainted FOrasmuch as divers persons have been dayly arrested and imprisoned for suspection of Felony somtime of malice and sometime of a light suspection and so kept in prison without baile or mainprise to their great vexation and trouble Be it ordained and established by authority of this present Parliament that every Iustice of peace in every Shire City or Town shall have authority and power by his or their discretion to let such prisoners and persons so arrested to Baile or Mainprise in like forme as though the same prisoners or persons were indicted thereof of record before the same Iustices in their Sessions and that Iustices of Peace have authority to enquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony Rep. 3. H. 7. 3. 1. 2. P. M. 13. 7. H. 4. fo 47. 44. Ass Pl. 14. 43. Ed. 3. fo 24. Cook li. 1 fo 171. 26. Ass pl. 32. And that no Sheriffe under Sheriffe not Escheater Bailiffe of franchise nor any other person take or seize the goods of any person arrested or imprisoned for suspition of felony before that the same person so arrested and imprisoned be convicted or attainted of such felony according to the Law or else the same goods otherwise lawfully forfeited upon pain to forfeit the double value of the goods so taken to him that is so hurt in that behalfe by action of debt to be pursued by like processe judgement and execution as is commonly used in other actions of debt sued at the Common law And that no essoin or protection be allowed in any such action Nor that the defendant in any such action be admitted to wage or doe his Law I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867. And be it further inacted by authority aforesaid that if any person doe substract or withdraw any manner of tyths obventions profits commodities or other duties before mentioned or any part of them contrary to the true meaning of this act or of any other act heretofore made that then the party so substracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiastical court † † Suits for withholing of tyths shall bee in the Eccllesiasticall Court and no where else by the party from whom the same shal be substracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there heare and determine the same according to the Kings Ecclesiasticall Lawes And that it shall not be lawfull unto the Parson Vicar Proprietory Owner or other their Fermors or deputies contrary to this act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge than Ecclesiasticall And if any Arch-Bishop Bishop Chancellor or other Iudge Ecclesiasticall give any sentence in the foresaid causes of tithes obventions profits emoluments and other duties aforesaid or in any of them and no appeale