Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	lord_n	19,972	5	4.1650	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87640	The new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent.	Jones, John, of Neyath, Brecon.	1650 (1650)	Wing J972; Thomason E1411_2; ESTC R202637	18,638	94

of more English men then all the Wars Plagues and Famine vvhich reigned in their times destroyed vvithout them Witness their Statutes made and mainteined against Magna Charta for their murthering of Debtors in Prisons vvith tortures and famine vvhen their extortions and their Gaolers have left them no means to buy bread And for the unlavvfull divorcing scattering and starving of their Wives and Children by the bargain and robbing their Creditors of those means that should pay their Debts in part or all and for protecting of Cheators that take their Prisons for Sanctuaries to leav so much of other mens estates with the right owners curs and their heirs to their posteritie as their Judges and Gaolers extortions and their own riot cannot consume in their owne time As also their last Acts formerly mentioned for releas of Prisoners which intangle their bodies and souls more then before And many other Statutes to intricate the Laws with such contrarieties as none but such as have the Genius of their makers can reconcile which when it is don tendeth wholly to make themselvs great and rich and the People their slaves and beggers For Remedie whereof it is to be desired in the name and right of the publick that the Hous would bee pleased to bee swept and clensed of such cobs and cob-webs and to vote and vomit out of the sanctifi'd bowells of that sacred Senate those execrable excrements that poison their intrailes and deliver them to publick Justice which their ravenous lives and extorted possessions suffice not to satisfie but may in Gods mercie appeas his wrath stay his Judgement and expiate this Land of that wickedness which they have wrought among us and accumulated upon us This don The work followeth and teacheth it self how it would be don as aforesaid declaring it self that frustrà fit per plura quod fieri potest per pauclora vain is the labor of many workmen where few may serv the Turn with far less charge and more conveniencie And breiflie vain expenceful and too burthensom to this Common-wealth are the severall Courts hereafter mentioned upstarted over us one after another since the first publishing of Magna Charta as Heresies sprung immediately after if not with the first preaching of the Gospel viz. Out of the Court lately called the King's Bench issued the Common-Pleas and the Eschequer which took their leav of it in Magna Charta and left it to follow the King and so I conceiv it ought to do still for that there is no use rightly to bee made of it but to hear and determine the Pleas of the Crown which the Lord Coke upon Magna Charta saith were wont to bee determined by Stewards in their Leets Sheriffs in their Turns Recorders in Corporations and countrey Judges in Signiories which had jura Regalia all which now Justices of Peace having more power in matters determinable by common Law then Justices in Eire had if rid of the sovereigntie usurped over them by their fellow-Justices their Certioraries c. may eas of much labor Moreover the chief Justice of this Court ought to bee but the King's deputie by writ and no King in beeing no such Deputie can bee Hugh de Burgo Earl of Kent chief Justice under King Henry the 3d took his oath with his Master to observ and maintein Magna Charta and soon after persuading the King to break it became the first Perjurer of his place in that point as the Lord Cook upon Art sup Chart. declareth at large Since which time the practice of this Court beeing but to murther debtors over whom it hath no jurisdiction and consequently perjurie and injurie to the Common-wealth why may it not bee spared as well as the King While as saith the Lord Cook afore-said all Majors c. have the Law to guide them and now Englished unto them where then can bee the desect of Justice but in the Justices as before that will not execute them since it is Law it self that the Laws are to bee interpreted so that there shall bee no failer of Justice to the people And few or no Laws besides Magna Charta and it's confirmations will serv to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases and crastie disputes arguments and cavils pass'd among them but to bee used by such as have minde and leisure to read them as Divines may the Works of the wantonest Poëts to pick out their flowers for their Pulpits and leav their scurrilities to others of their Autor's genius Or as Interludes in which all parts were not all bad and though all prohibited to bee publickly acted yet may Terence bee read in Schools And may not those Statutes that relate to the Justices of either Bench c. bee executed without them aswel as those that relate to the Bishops are without them And this Court thus spared will spare the Common-wealth in fees and extortion above five hundred thousand pound per Annum besides unknown bribes and their known salarie of 4000 ll per Annum as Sir John Lenthal and his 4000 prisoners or thereabouts between Thule and Callicute and Mt Henley with his hoste of Scribes whose Van is at Michaël's mount and Rear at Barwick if convented and compell'd to consess truth can declare at large The Chancerie was no Court of Judicature nor personated by a Lawyer but commonly by a Monk or Bishop as wee have seen lately in England and Ireland whose office was to follow the King with the Seal and to seal Writs gratis at the King 's cost as the Lord Coke affirmeth and Rast fol. 65. citeth the Statute of Art super chart and sheweth that the breaches of those Articles were the first thing given to the power of the Chancellor to judg of who beeing likely a a Bishop had charge as a Bishop by virtue thereof to excommunicate the breakers thereof In the 36th year of the reign of King Edward first cap. 4 to from which little fountain sprung that Nilus that ever since overfloweth all England not onely once every seven years but seven times at least in every year The Chancerie a Court of Conscience forsooth raised upon pretence of equitie and relief to such as complained of oppressions against the breakers of this Statute which vvas the first confirmation of Magna Charta and no sooner thus raised but it despised both its raiser and the caus extolled it self and overtopped all the Courts of England disusing to grant the antient Commissions in Eire to vvhom their Counties chose and of Oyer and Terminer to any that had occasion to use them as lavvful vvas according to Fitz Herbent Nat. brev fo 112. and Cromp. s p. fol. 51. and all Writs to any vvithout excessive sees and extortion contrarie to all laws the Oath of a Judg and the practice of the office it self as it was formerly gratis and neglecting to send Magn. Char. to every Sheriff yearly to bee read

to bee pronounced there accordingly by the Judges called the Kings or States A Writ to command them to proceed to Judgement and an aliàs plur and Attachment ought to bee granted by the Chancery-States as you shall finds in Fitz nat br fo 143. to imprison them till they do it which is not usually don by themselvs in every caus in Court but by the protonotarie of cours entred upon Record unless respite bee required upon good caus shewed And the execution vvhich ever issueth in the name of King or State relateth to the Judgment Conviction vvhich implyeth both the Judgements of Kings or States and people as aforesaid Would not therefore the common practice of the Lavvs and their pleadings in English as at first they vvere bee more commodious and usefull to instruct all understanding English men for their ovvn good to becom experimental sufficient Lavvyers in their ovvn causes then the modern custom of hotch potch French and Latine imposed by Lavvyers for their ovvn gain to instruct fevv others of their ovvn generation to cheat the universalitie of the Nation of their rights and understandings and make themselvs and their Counsels most learned in others affairs And again That every one have a Remedial Writ from the Kings Chancery according to his plaint without difficultie and that every one have process from the day of this plaint without the Seal of Judg or partie And again pa. 10. That after a plaint of wrong bee sued that no other have Jurisdiction in the same Caus before the first plaint bee determined c. And again that al the King's Courts should bee open to all plaints by which they had original Writs without delay aswel against the King or the Queen as against any other of the People for every Injurie but in case of life where the plaint held without Writ Why all at Westminster sit not betvveen terms And all elsvvhere all the year long Certiorari's Corpus cum caussa suppersedias c. issued thence till the Judges at Westminster can bee there at leisure to determine all matters vvhich the multiplicitie of rich mens causes so monopolized thither cannot afford the poor to end theirs vvhile they live commonly And again page 11. That all Free Tennants shall bee obedient and appear at the summons of the Lord of the Fee And if a man caused another to be summoned elswhere then in Fees of the Avowants or oftner then from Court to Court they were not to obey such Summons Why then should any Free-holder of the Countie of Middlesex or any libertie thereof except Westminster and St Martins legrand London appear upon Summons at Westminster-Hall vvhich lately vvas the Fee of the Dean and Chapter of St Peters and novv is at the States dispose to vvhom they pleas And again page 12. That the Lords of Fees might summon their Tenants by the Award of their Peers to the Lord's Court or the County or the Hundred at all times that they detein or denie their services in deed or word and there they shall hee acquitted or forfeit their allegiance and all their Tenancie with the appurtenances by the judgement of the Suitors And per contra the Lords doing wrong to their Tenants shall forfeit their Fee to the Chief Lord by the same judgement Observ the Freemen of every libertie then were as still they ought to bee Judges of their Lords for their fees aswel as their other neighbors for their tenancies and to end their differences there within their proper Fees respectively and why not so still And so let the chief Officers Justices of Peace and others of the Libertie of Westminster suffice for Judges for that precinct And page 13. That offendors guilty of death should not be suffered to remain among the guiltless Why Convicts for felonies c. in Newgate c. amongst prisoners for debt And that the Goods and Chattells of Vsurers should Escheat to the Lord of the Fee This law restored would enrich the Common-wealth purge it of many moths Cankerworms and teach men to live by their own labors and not by others And pa. 14. That none should bee ordeined Ministers above the number of Churches and that the poor should be susteined by Parsons Rectors and Parishioners so that none should die for want How many die so daily now adaies within every parish and parsons view So much and more affirmed by Master Horn to bee the Common unwritten Lawes and Customs of England before Magna Charta the Lord Coke in his preamble to his Institutions upon it saith It is but a written Charter or Declaration in writing of the antient laws of this Land agreed upon by King and People to bee published and preserved inviolable on both parts for ever and no new law made Hereby further appeareth what hath been said of the agreement between King and People that none should be judged by the Kings Judges but by verdict of their Peers called in this Charter due process of Law In and by the 9th Chap. of which Charter it is declared That the City of London shall have the old Liberties and Customs which it hath used to have Moreover wee will and grant that all other Cities Burroughs Towns and the Barons of the 5 Ports and all other Ports shall have their Liberties and free Customs Are not all these Liberties and Customs grown obsolete and daily over-ruled at Westminster And in the first confirmation of the said Charter 25. Ed. 3. ca. 2. It is further declared That all Instices Sheriffs Majors and other Ministers having the Law to guid them viz. Mag. Chart. Forest then written and published shall allow the said Charter to be pleaded before them in Judgement and cap. 2. That if any judgement shall bee given henceforth contrarie to the points of the great Charter it shall be undon where upon saith the Lord Coke the Laws of the Realm have the office to guid the Judges in all causes that come before them in the wayes of right Justice which never yet misguided any that certainly knew them and truly followed them By these Collections of Mr. Horn before Magna Charta and Confessions of the Lord Coke since sufficiently appeareth That the Laws if published to the people as they ought would bee sufficient to guid them all in all the right wayes of Justice But the Justices at Westminster that would guid the Laws as Popes Scriptures by their own Interpretations having purposely disguised them in Pedlers French and barbarous Latine that few but themselvs can construe and forms so errorable as they can devise for themselves to mend when they list which hapneth somtimes for the rich but rare or never for the poor and thereby denying delaying and selling Justice at their own rates And their Frye sitting in the hous are the subverters of the Laws as their Predecessors alwaies were and thereby the continual causers of all the Civil Wars of England and besides all that under color of Justice murtherers

THE NEW Returna Brevium Or the LAW returned from WESTMINSTER And restored in brief to its Native Antient and Proper Habitation Language Power Puritie Integritie Cheapness Briefeness Plainness Rescued out of the Sacrilegious hands barbarous disguises aenigmatical intricacies lucrative constructions extorted verdicts fals Judgments bribeful Executions of her perjured Imposlors fals Interpreters Iailers Catchpols Attorneys c Whereunto is added the Petition of Right granted by Parliament in the 3 year of King Charls and confirmed by this Although to bee found in larger Volumes for cheapness to the Generalitie to inform themselvs what is their Rights Written by John Jones of the Neyath in Com. Brecon Gent. Micha 6. v. 8. He hath shewed thee O Man what is good And what doth the Lord require of thee but to do justly and to love mercy and to walk humbly with thy God LONDON Printed by William Du-gard Anno Dom. 1650. TO The right Honorable Oliver Crumwell LORD Lievtenant of IRELAND c. Heroïck Sir LOng and earnest have been the desires and praiers of many thousands of faithfull hearts for your safe and happie return into England which God for his own glorie your honor and our comforts hath now opportunely brought to pass with such testimonies of his blessings upon your actions manifested by your successes in his battails as may beejustly terrible to all his and your Enemies and truly joyfull to all his servants and your friends of whom it is to be feared that as God hath but few firm in his election so you have but few faithful in your assistance Be pleased therefore that it may bee inquired in the Assembly vvhose promises to your self and your dependants vvhose Votes in publick and Vovves in private have most vvilfully failed you and yours I shall not presume to inquire vvhat breaches have bin made of performances in matters most nearly concerning you and your Armie best knovvn to your self but vvhat hath been performed of those promises made to you and your Armie for the relieving of your daily Orators Prisoners for Debt vvrongfully restreined contrary to Magna Charta and all the true Lavvs of the Land vvhich men sitting in Parliament publickly profess and have often svvorn to maintein what ridiculous Acts even those men have made to delude you and your Orators their own and all Gods people to cross those Laws more then before and to support their extortions mercenarie practices in all the waies of Injustice in an higher measure than their Predecessors what Justice can be expected from such Justicers what merci can bee exspected from God to continue upon that Land that shall suffer such Mountibanck-mock-lawes to live much more to sit and bee Legis-lators amongst them oh let such buyers sellers of Law Justice bee thrown out of the Temple and the Hous of the Lord bee purged of such abominations The valiant and Religious Patriot Colonel Pride in your absence indeavoured to work som proportion of grace into those men to foresee and prevent their own confusion but the Adders would not hear O make them Sir make these subtile Serpents innocent against their wills unsting them unskin them for their Cases are far more precious then their Carkases I have here following demonstrated their uselessness in this Common-wealth which may it pleas your honor to peruse at your leisure protect in your favor correct in your wisdom and Act in your Justice so God shall further prosper you your posteritie the Commonwealth honor you and them and with the rest of your Orators and theirs I shall bee ever yours to Command during life John Jones THE NEW Returna Brevium OR The Law returned from WESTMINSTER c. DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England according to the diversitie of their opinions and self-ends premised therein for the effecting whereof they would have their several Propositions disputed som for Alterations others for Additions others for Substractions all for Corrections but few or none knowing how to mend Magna Chart. more then Magnificat nor really studying but how to marr both Observ how the work directeth it self how it would bee don For as saith the Mirrour of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordeined viz. by King Alphred long before Mag. Chart. or the Norman Conquest that Right should be don from 15 dayes to 15 dayes before the King and his Iudges and from moneth to moneth in the Counties if their largeness required not a longer time And that every three weeks right should bee administred in other Courts And every free Tenant had ordinary Iurisdiction c. And before pa. 1. The Sheriffs and Bayliffs caused the Free Tenants of their Bailywicks to meet at the Counties and hundreds at which Justice was so don that every one so judged his Neighbor by such judgement as a man could not els-where receiv in the like cases until such time as the Customs of the Realm were put in writing and certainly established And although a Free-man commonly was not to serv without his assent neverthe-less it was assented unto that Free Tenants should meet together in the Counties Hundreds and Lord's Courts if they were not specially exempted to do such Suits and there they judged their Neighbors And again pa. 8. It was ordeined That every Plaintiff have a remedial Writ from the King who reserved all Pleas of the Crown and above 40 s to himself to his Sheriff in this form Questus est nobis c. viz Complaineth to us A. that B doth him such and such wrong Wee therefore committing to thee our Turn in this behalf command thee to hear and determine that caus Their Jurors were Iudges And why do Judges now at Westminster that can bee no more absolute Judges by their Commissions then Recorders of Cities by their Charters Sheriffs in Counties and Stewards in liberties were by their Writs at this time when Free English men understood their laws then known and practised in English usurp more then those Judges did or these ought viz. to bee more then onely pronouncers of the substance of Jurors verdicts aswell for Law as Fact which pronunciation is and ought to be but as a Declaration of Kings assents to the due execution of that Law which they and their people agreed upon in the great Charter and its confirmation to let the people know by these Judges that then were and still are and ought to bee called the Kings or the States as authorised by their Writs and Commissions to pronounce their Masters consents for their parts to convict the partie guiltie as the Judges of the people viz. the Jurors do by their verdicts which are or ought to bee their true sayings both for Law and fact for the peopl'es part their own which consents of Kings or States now called Judgements because a ful conviction of the guiltie of both parts if denied or delayed after verdicts