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A87637 Every mans case, or, Lawyers routed In seven treatises, the titles whereof you may find in the ensuing page. Written by John Jones, Gentl prisoner in the Fleet. Jones, John, of Neyath, Brecon. 1652 (1652) Wing J967; Thomason E1406_2; ESTC R209500 13,990 44

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delcribe our Westminster Lawyers in their own kinds and colours but believieng thus much will serve for this time I shall apply my self to the Maxims of the Law of England which I find conducing to the same end as followeth First Right cannot dye saith Littleton Sect 479. And Cook upon the place fol 279. Yea although the disseised should Release his Right to the disseisee or turn Tenant It is inconvenient that the Right should dye but live Recoverable in and to his heir Which if true as all Maxims are or ought to be How can our Recent and present Judges and Lawyers that murther this everlasting Right with their Statutes of Fines Limitations c. maintain their predecessors Inventions against the Law of God the great Charter and this Maxim without appearing manifest subverters of the Law of England which Doctor Student affirmeth and the mirrour of Justice proveth punctually by Analysis And these men themselves sometimes bragg of to be derived from and grounded upon the Laws of God and nature According to the Advise of Eleutherius the 3. to King Lucius recorded by Mr Fox others and consequently Traitors to the Law and Common-wealth whose estates Real and Personal-ought to be confiscated to the use of the Common-wealth from which they filched them as I have proved to be their own censures in my treatise called Judges judged out of their own mouths And their costly Carrion Carcases fit to be hanged as 44. of their predecessors were in one year in King Alfreds time as witness the mirrour page 239. 240. 241. 242. 243. c. Secondly it is a Maxim of Plouden in his Commentaries upon the Law of England Resolved in the Earl of Lesters Case That all humane Laws made contrary or not consentaneous to the Laws of God and nature although by Acts of Parliament are void and need no Repeal to vacate them Which if true how can our filicers maintain their blasphemous Reasons Printed and published under their hands and Continue their extortions And how can the Judges and pleaders of the Law Countenance or suffer them and their prothonotaries and the Rest of their ministers to continue their said extortions and increase them more than ever before And do the same themselves without incurring the penalties aforesaid Thirdly it is a positive Maxim of Law declared in the great Charter cap 29. That no freeman of England shall be disseised of his Inheritance or birth-right without the Judgement of his peeres and vicine neighbours Which if so how can any disseisor disseise or dispossess any freeman of England of his inheritance or birth-right by force or fraud Or how can any Judge or pleader of the Law countenance or maintain or suffer such disseises unrestored by them to the right heirs without incurring like penalties as aforesaid Fourthly it is another Maxime declared in the said Charter cap. 11. and approved by the mirrour page 234. That no Common Pleas shall follow the upper bench which if true how can the Judges of the upper bench by Law Commit men for debt which is a Common Plea That hath no Relation to fellony trespass upon the case trespass vi et armis or any trespass at all to their marshallsey or any bayliff arrest them or any Gaylor Receive detain them upon bills of Middlesex and Latitates which expresly run for Trespass and famish them to death an Incomparable false Imprisonment and murther in the name of Law and Custom because long practised not onely without any colour of Law but expresly against it without incurring like penalty as aforesaid Fifthly it is a chief Maxim of the Law of England that the Law it self is and ought to be the onely Right full and sufficient Rule of all Judges and Lawyers by which they ought to be ruled and not offer or presume to over-rule their Rule which if they could but rightly understand saith Cook upon Magna Charta would never suffer them to err had Baron Tomlius understood this Rule he had not tumbled himself upon his tellclock seat as he did to convay the poor opinion of a pratling Barrester which stood on his left hand to another Baron that sate on his Right to hasten my Commitment to the fleet in respect of my books not my cause or had his fellow Barons known how unlawfull it is that I should be examined upon interrogatories by or before such Judges as declared themselves my adversaries in their open Court. Or how little I care for their malice I believe they would not have been so hasty to commit me as they were but shall Judges and Lawyers that profess knowledge in Law subvert it when they please by pleading misprision that is to say mistake And their late Statutes made for that purpose and alleadging that if they should be hanged none would be Judges after them Did King Alfred find it so did not a heathen King make the Son sit Judge over a cushion which he had caused to be made of his fathers skin His Predecessor Judge in the same place to mind him that if he would violate the Law as his father did he would serve him alike doth not our Law compell men to be Shreiffs and Constables c. If they Refuse being chosen And do not we find such Refusers when they are sworn officers fittter and honester men than offerers Are not I gnorant intruders without either choise or approbation of their Countries worthiest to be hanged of all Interlopers for taking keeping places of Judicatures from more knowing Justicers Baron Thorpe insisted much in Court upon the statutes of misprision whereof a Judge of his name could make no use to save his hanging nor did his hanging deter the Baron to become a Judge an over-ruler of the exchecquer Court though not half so knowing a Justicer as his names sake or Wild his foreman Who is so Just as to detain 500. l. Land a year from the Right heir without any good title as is Reported And therefore thought it Just to wayve and damane his own Commission to Inquire for such things and punish me for the excuting of it To conclude this point were all prevaricating Lawyers hanged honester men would be found for their places And have they not incurred the said penalty by this Maxim Sixthly it is a Maxim of truth and common reason chief grounds of our Common-Law That force sraud and deceipt are the greatest opposites and enemies to all Just Laws And that all Just Laws are or ought to be sufficiently powerfull to subdue and supplant them And that therefore it is that the sword is put into the Magistrates hand not to hold in vain And wisdom put in his head to discern and prevent or punish frauds and deceipts more dangerous than force because more clandestinely acted under colour of Law while force thrusteth it self to sight and defies Justice to her sace chance what will This is Justice Northyes Resolution the other Bayliff and Willmot But
do not all such Judges as prefer wrong before Right and falshood before truth Incurr the said penalty Seventhly it is a Maxim of Reason that all nations are or ought to be governed by Just Laws And that their supream Magistrates should want no Power or means to execute their Laws so that their Subjects should have Right at all times without delay or partiallity or more cost than the cure is worth And thus much was agreed upon between the Kings people of England in and by the great Charter cap 29. And is not the great Charter confirmed by above 33 Parliaments corroborated upon the Petition of Right Tertio Caroli and Ratified by this Parliament which if it be so how can it be said that any Statutes made contrary to the Law of God and nature and the great Charter shall stand up against them although not expresly Repealed Or how can they be alleadged to bind the supream Magistrates that are sworn to do and maintain Right and Justice to all men at all times in all places of the land by their proper subordinates in every County from so doing but by traitors to God and the Common-Wealth or how can the Judges at Westminster confine and contract all the Law of England in and to Westminster and into 4 terms yearly to be onely determined by them that surcharged with multiplicity aboundance end not a Rich cause in 7 years nor a poor mans while he lives And when they seem to finish a cause or decree or Judgment it is more to their gain than their necks are worth and cost to their Judicated than their causes are worth nor do they commonly finish any cause at any time but leave it upon a quillet whereupon to revive it at their pleasures without their incurring like penalties as aforesaid Eightly and lastly It is a common Maxim not onely of common reason but also of the express Law of England That by the Law of the Land no man is bound to accuse himself If so what meaneth the Jesuitical Spanish Inquisition Introduced to the Exchecquer and Chancery of England to interrogate men against themselves and imprison them untill to attain their liberties many faint-hearts are forced to perjure themselves to accuse themfelves of things whereof they are guiltless That Judges and Lawyers and their Impes may beget causes to extort Fees as well by Innocent mens forced Oaths against themselves as by their own wilfull and malitious perjuries against all men but themselves Whereby contrarie to Saint Pauls Doctrine that an Oath for confirmation is unto men an end of all strife Heb. 6.15 Lawyers make it a beginning and contrarie to Gods commandment saying love no false Oath Zachar. 8.17 Lawyers love to force procure and multiply them And shall they not incurre the said penalty by this Maxim So much for Law Maxims for this occasion at this time to conclude with Axioms of Philosophy conducing to this matter Health is the greatest happiness man can desire Sphinx Theologica Philosophica de Medicina pag. 539. It is two fold that is to say first of the Soul for which Christ is the onely Physician who to ease man of his sin the chief cause of all diseases both Ghostly and humane took upon himself that had none all the sins of the World And died to redeem all penitents from eternall death the due punishment for sin The second is of the body for which the best man Physician called by God to that vocation and gifted accordingly is to be honoured before many because by his faculty with Gods assistance the Corporal afflictions of many are restored to sound health the agony of others qualified And which is most of all worthy consideration stayes the Souls of many in the prisons of their bodies by Gods Providence untill longer and seasonable times of Repentance amendment of their lives And these are the gifts of God and endeavours of good Physicians Contrary-wise our Judges and Lawyers and their monstrous many headed whelps requite their patient profitablest clients with not onely sickness both of souls bodies but also the death of both so far as in their power lieth as is proved by wofull experience thus Debters not able to pay their debts are committed for their debts upon capiases Latitates and out-laries for trespass by the Judges of the upper bench being no Judges in that case to their marshallsie become there sickned in their minds and souls upon such their commitments considering there is no Law to Warrant such doings but the willfull Customs and practise of the said supposed Judges to murther men in and under the name of their Law for their own gain and superfluities worse than high-way-men that act manfully to relieve their wants By the name and Custom of Lawless necessity for which if convicted of the fact they submit to the Law which Lawyers would defeat by calling their facts misprisions which in effect are prises less lawfull than Robbers and more abusefull to the Law and Common-Wealth because committed under colour of Law and Justice Further the sickness of the minds and souls imprisoned is aggravated with the consideration of the wants and miseries which their wives children and families that were wont to be sustained by their libertie to care and provide for them must indure by their Captivitie their bodies and their families participating of these and more griefs of their souls But more sensible of their hunger and thrist cold and nakedness when they have sould even their apparrell as well for night as day to pay their Goalors and their masters extortions and prolong their own miseries so farr as their abilities last And the cruelty of their Goalers when they fail to bribe them in crouding them in dungeons where they must infect on another with a necessitated Contagion caused by their Goalers covetousness to gain by hiring all the Rooms and liberties of the prison ordained by Law to lawfull prisoners to cheators voluntary prisoners willfull assumers of the denomination of prisoners to defeate their Creditors of their Rights by which they live Riotously upon their Creditours charge their Creditours perish for want of their own Judges Lawyers Gaolers live flourish by the ruine of them both granting liberties to all such said cheatours contrary to all Law to walk and take their pleasures as they list some throughout England and others to the East and West-Indies And thereby feasting their bodies and their Impes upon the fast of their finders and thriving in their wickedness till God rebuke them The Warden of the Fleet I find by Law is no Goaler within the Statute of H. 6. And by experience a Gentleman mercifull and affable to the poor satiable and unburthensom to the Rich compassionate and comfortable to all his prisoners so that by Gods providence and his clemency he and we live wholsom in our bodies and cheerfull in our hopes I write not this digression in flattery but in duty to declare truth as