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A91247 Practicall lavv, controlling and countermanding the common law: and the sword of vvarre the sword of iustice. Against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes. Anthony, Edward, 17th cent, attributed name.; Prynne, William, 1600-1669, attributed name. 1648 (1648) Wing P4039B; Thomason E435_36; ESTC R15564 4,401 8

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give command for the stay of all proceedings at Law against the Petitioner And your Petitioners shall ever pray c. Queen-street March 8. 1647. If this Petition be true I desire the Iudge to take care that the Articles of Exon be made good to the Petitioner and that the parties complained of do forbear further proceedings at Law or b By what Orrinance Law or Commission they being no Souldiers but persons imprisoned and plundered of their estates for their zeal and good affections to the Parliament shew cause to the Court Marshall to the contrary T. Fairfax Whereas John Collacot the elder of the Parish of Shebber in the County of Devon being a Constable in some part of the times of these unhappy differences was in that time particularly commanded by Capt. Yeo a Commander in the Kings Army to be assisting unto him in the execution of a Warrant from Col. Sir Iohn Berkley Governour of Exon for the apprehending Iohu Perryn the Elder and others which accordingly hee did That the said Captaine Yeo was a person comprized within the Articles of Exon and hath made his Composition at Goldsmiths-hall That the said Collacot is sued at Law by the said Perryn for apprehending him as aforesaid which is a If so then all malignant Constabl●s Of●icers and others that murdered ravished robbed imprisoned plundered or execut●d any of the Parliaments best f●iend by command of any person or Officer of the Kings within the Articles of Exon Oxen c. shall be totally exempted from all actions and prosecutions though not within these Garrisons when seized or surrendered and if so all who have borne Ar●s against the Parliament shall be freed from Sequestrations and Suits upon such a generall extravagant construction contrary to the twelfth Article of Exon the said Collacot having done nothing but by the procurement of the said Capt. Yeo all which particulars being proved before me to be true These ar● therefore to require the said Perryn within one and twenty dayes next after sight hereof personally to appear before the Court Marshall of his Ecellency Sir Thomas Fairfax b Then they must follow him and it from one end of the Kingdome to the other and was there ever such a grievance or vexation heard of before or tyrannicall arbitrary usurpation wheresoever the same is or shall bee held to shew cause why the said Collocot should not have the benefit of the said Articles or else discharge or release the said Collacot of his said Action and in the meane time there be no further proceedings at Law and all Attourneys Solicitours and others whom it doth concern are required to take notice hereof the honour of his Excellency Sir Thomas Fairfax and Army being so c The Lawes of the Kingdome and Rights ●nd Liberties of the greatest friends to and sufferers for the Par●iament ought to oversway the Generall and Armies honour and their Patronage of Malingants much concerned for making good the said Articles Dated at White-hall this 13. of March 1647. Copia Vera. Henry Whalley Advocate Captaine Yeo is authorized to make diligent search and apprehend Iohn Perryn the elder Iohn and Richard Perryn his fonnes Mathusala Bligh Philip Kingford Robert Martin and Iames Slowman of the parish of Holsworthy Iohn Coales and Iames Hobs of Milton Damrell Iohn Hearding of Shebber Thomas Wellington of great Torrington and John Markeham of Littleham and to bring them into safe custody or cause them to be brought to the Provost Marshall of the City of Exon there to remain in safe custody untill they and every of them shall answer all such matters as shall be o●jected against them and every of them and Thomas Hewes the Marshall of the North Division of the said County of Devon and the Constables of Shebber with all other his Majesties Officers and loving Subjects within the said County are straightly charged and commanded to be aiding and assisting unto the said Captain Yeo in the due execution hereof wherein they and every of them are not to faile as they will answer the contrary at their utmost perills Given under my hand and Seale at Betford-house in Exon the 6. of March 1643. Iohn Berkley Vera Copia R. H. FINIS
PRACTICALL LAW Controlling and countermanding The Common Law AND The Sword of VVarre the Sword of Iustice Against all the late Declarations and publications of the Army That they fight for the Peoples Liberties and Lawes Printed at Exeter 1648. The Preface THe strange and unparallel'd insolency of the Generall and Councell of Warre in presuming to grant Injunctions to stay Suits and proceedings at Common Law against Malignant Cavaliers who have plundered them of all their estates under pretext of Exeter Articles c. which they presume extend to all Malignant Constables and others who have plundered and imprisoned the Parliaments best friends by their commands though not within the minds nor intent of the Articles and to enjoyne them to come before the Councell of Warre 200. or 300. miles to shew cause why they should not surcease their Actions against these plunderers and release their just judgement against them and presuming to evince the Judges Attourneyes and others not to proceed in such trialls a more higher and tyrannicall power then ever the Councell-Table exhausted so that all the Kingdome must now be ruled and the Common-Law of the Land it selfe over-ruled and staid by the Marshall Law to the undoing of the Parliaments best friends and rejoycing of Malignants who enjoy their plunder and estates without recompence Practical Law controlling and countermanding the Common-Law and the Sword of Warre the Sword of JUSTICE WHereas Sir Richard Vyvyan of Tresewarren in the County of Cornwall Knight and Baronet hath petitioned his Excellency Sir Thomas Fairfax that Edward Anthony of the City of Exeter Goldsmith hath sued and impleaded him the said Sir Richard Vyvyan contrary to the Articles of the said City of Exeter within which the said Sir Richard Vyvyan is comprized the Generall to the end he might be satisfied of the truth of the particulars of the said Petition referred the same to the Examination of the Officers of his Army who at a publike meeting and upon a full Examination found every particular in the said Commission to bee very clearly and punctually proved to be true that Sir Richard Vyvyan was Master of His Majesties Mint in the City of Exeter by Commission of his Majesty that he is comprized within the said Articles of Exon and by which he is to be indempnified for matters relating to the late differences between his Majesty and the Parliament and that the said Edward Anthony hath sued and impleaded him the said Sir Richard Vyvyan for a Plundered from him to his undoing being a Gold-smith Plate sent unto the said Mint for his Majesties use by Sir John Berkly Knight then Governour of the said City of Exeter and hath recovered by Verdict against him the said Sir Richard Vyvyan two hundred ninety one pound three shillings damages besides costs Now forasmuch as they the said Officers have thereupon certified the Generall the premisses to be true and that the said Action and Verdict and all proceedings thereon are against the Articles of Exeter and therefore are of opinion and desire the General to command the b By what Law or Commission can any such Order be granted by the Generall or Advocate Iudge Advocate to take care that the said Edward Anthony do forthwith reveale or otherwaies c O happy Malignants that can find such Patronage O unhappy Parliament friends and sufferers who must bee thus enforced even after Iudgment and Verdict to lose both their costs damages justly recovered against Cavaliers Plunderers and thus tossed up and downe to their utter undoing against the expresse Letter of the Covenant many Declarations of both Houses to repair losses right them out of Malignants estates discharge him the said Sir Richard Vyvyan of and from the said Action Verdict and all proceedings thereon or in default thereof to appear at the Head Quarters to shew a good cause to the contrary and that all further proceeding be sta●d in the meane while by the said Edward Anthony and his Attourneys These are therefore to desire and require the same Edward Anthony immediately upon sight hereof to release and discharge the same Sir Richard Vyvyan of and from the said Action and Verdict of 291. l. 3. s. damages and costs of Suit and all proceedings thereon or otherwise appeare at the Head-Quarters on Munday the 6. day of March next coming by nine of the clock in the forenoon to shew good cause to the contrary and all Attourneyes and Solicitours are to take notice hereof that there be no further proceedings in the said Suit in the meane while or to shew cause to the contrarie Whereof they and every of them are not faile Dated at d Where there is now a new Councell Table erected it seems far more extravagant then ever the King had any White-hall this 19. of Febr. 1647. Hen. Whaley Advocate Who will ever adhere to or act or suffer for the Parliament hereafter or contribute towards the Army if they must be thus requited for all their losses and made the verie scorne and derision both of their enemies and friends O heavens blush at this impious ingratitude To his Excellency Sir Thomas Fairfax Knight Generall of the Parliaments Forces by * Nota. Sea and Land The most humble Petition of John Collacot the elder of the Parish of Shebber within the County of Devon Humbly sheweth THat your Petitioner being Constable during some part of the times of these unhappy differences betwixt His Majesty and the Parliament was in the time of his being Constable particularly commanded by the Warrants annexed to be assisting unto Captaine Yeo in the apprehending of John Perryn senior That he was commanded by the said Yeo and compelled by Thomas Hewes Provost Marshall and his Troopers to attend the said Captaine Yeo in the execution of the said Warrants which he durst not refuse the Kings party being then prevalent in the Countrey That for this cause only the said Perryn hath commenced a Suit at Law against your Petitioner which will come to triall this Assizes to the Petitioners utter raine the Articles of Exeter in which your Petitioner is comprehended being not pleadable at Law unlesse your Excellencies accustomed goodnesse be extended for his reliefe herein which is according to your Excellencies engagement upon the rendering the said Garrison That the said Captaine Yroman is comprized within the Articles of Exon as appeareth by your Excellencies Certificate annexed and hath made his Composition at Goldsmiths-hall for his said Delinquency within the eour moneths mentioned in the said Articles as appeareth by Certificate readie to bee produced The Petitioner therefore beseecheth your Excellency that he may have the benefit of the said Articles of Exon he acting by and under the command of the said Captaine Yeo who hath compounded And that your Honour would be pleased to a By what Commission I pray without the Houses Orders and contrary to their Protestations to protect Malignants against their plunderers undoers