Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	chief_a	lord_n	treasurer_n	2,704	5	10.8093	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

more increase and enhance the Markets of their Justice by suffering no other Judges to admonish or Justifie any offendors at home and ingrossing all to themselves at Westminster or before such as they send to fripper for them in Assizes Goal-Deliveries and Nisi prius●s Have not some present Grafts of the old stock Judges of Assizes in possibility for the Countrey their Agents in Chancery procured several late Injunctions to be dissolved in Chancery without the privity of both parties whom they concerned to the end onely to beget work for them in the Assizes lest they should want better Did our late Judges lawfully counsel King Charls in his busines when they gave their Resolutions for him concerning the Ship-money Did they not assent to a thing or things that turned to his dammage and disherison and overturned him and his Posterity out of three Kingdoms and his life to boot when they assented to Ship money and Monopolies Did not the Kings Councel and other Serjeants and Lawyers draw if not plot all such Patents Got they not more by their Fees for their advise therein which were present pay than the King did by his reservations for interest in those Grants which are yet in Arrear Was any thing reserved to the King thereby but what his Councel learned thought fit and advised him to take and the Pa●●ntees to give Did not those Judges that had the keeping of both the Kings Seals assent to all those unlawfull things whatsoever they Sealed Briefly doth not this Oath in every point evidence the Judges at Westminster and their brethren to have been the chief betrayers of Kings and People in their chief trust to guide and hold both in the right way and did they not lead both wrong And thereby are the chief Authors of all the blood spilt and estates ruined in these three Kingdoms in and by these late Wars which were undertaken for Reformation onely of such deformities in Law and Government which you see they had power to keep in form by their lawfull judgements or admonitions to the right or not consenting to the wrong Do not our Records and History testifie that all the Civil Wars of England were alwaies undertaken for Reformation of Injustice evil Government and corrupt Lawyers that were alwaies the causers thereof by breaking and causing to be broken the Liberties of Magna Charta which the People sought alwaies to recover Were not Hugh D'Burgo Chief Justice of England Walter D'Lancton Lord Treasurer of England Brember Trisilian Bellknap Thorp c. examples of their times in that case If so few examples will not serve to make all Judges mend should not all such Judges be made examples to serve posterity to see that such evils are not necessary for Common-wealths Shall such Extrajudical Judges such lawless Lawyers c. as will not be tied by Oaths made in and by Parliaments Excommunications denounced by Authority of Parliaments Charters Signed Sealed and Confirmed in and by Parliaments nor by Acts Laws and Statutes made by full and free Parliaments be suffered to sit with Christians in Parliaments to make Laws Votes Oaths and other Obligations upon Christians which shall be none to themselves But let us see further what an other Act of Parliament saith to this Oath as ensueth viz. The Statut. 20. E. 3. Pream Letter Justice Edward by the Grace of God c. To the Sheriff of Stanford greeting Because that by divers complaints made to Vs We have perceived that the Law of the Land which We by Our Oath are bound to maintain is the less well kept and the execution of the same disturbed many times by maintenance and procurement as well in the Court as in the Countrey We greatly moved of Conscience in this matter and for this cause desiring as much for the pleasure of God and ease and quietness of Our Subjects as to save Our Conscience and for to save and keep Our said Oath by the assent of the Great men and other Wise men of Our Councel We have ordeined these things following viz. First Cap. 1. We have commanded all Our Iustices that they shall from henceforth do even Law and execution of right to all our Subjects rich poor without having regard to any person and without letting to do right for any letters or commandment which may come to them from Vs or from any other or by any other cause And in that any letters Letters writs or commandments come to the Iustices or to other deputed to do Law and right according to the usage of the Realm in disturbance of the Law or of the execution of the same or of right to the parties the Iustices and other aforesaid shall proceed and hold their Courts and Processes where the Pleas and matters be depending before them as if no such Letters Writs or commandments were come to them And they shall certifie Vs Our Councel of such commandments as be contrarie to the Law as before is said And to the intent that our Iustices should do even right to all people Justice in the manner aforesaid without more favour shewing to one more than to another We have done Our said Iustices to be sworn that they shall not from henceforth as long as they shall be in office of Iustice Fees Roabs take Fee nor Roabe of any man but of Our self And they shall take no gift nor reward by themselfs nor by other privily nor apertly of any man that hath to do before them by any way except meat and drink and that of small valure and that they shall give no counsel to a great man nor small in case where We be Partie or which do or may touch Vs in any point upon pain to be at Our will Bodie Lands and Goods to do thereof as shall please us in case they do contrarie And for this cause We have increased the Fees of the same our Iustices in such manner that it ought reasonably to suffice them Expost and Quer. Doth not the King say here He is bound by his Oath to maintain the Laws of the Land Doth not the Lord Coke say before That a King in his Politick capacitie cannot dye Did not or ought not all Kings of England take the like Oath as this King did Were they not therefore bound to maintain the Laws of England as well as he and to be advised and ruled by their Judges how to maintain them as the Oath of the Judges this Statute and others do manifest they were Are not Judges as Immortal as Kings in their Politick capacity Are they not bound by their Oaths not onely to maintain and execute the Laws of England against all men without regard of Persons but also to advise their Kings to maintain them and how so to do and to hinder or not consent with their Kings to break them Were not the maintenances whereof the King here complaineth and the procurements as well in Court as

chief Court could command Bishops to give their clergy to such as ought to have it another cause was That the life of a man ought to be tryed before Judges of learning and experience of the Laws of the Realm for Ignorantia Judicis est saepenumerò calamitas innocentis These are the reasons that the Lord Coke alledgeth why some Pleas of the Crown were taken from Sheriffs Castellans Escheators Coronors and Bailiffs under which names saith he are comprehended all inferiour Judges Justices and Courts of Justice albeit saith he it be provided by the 9th chap. of Mag. Charta That the Barons of the five Ports should have all their Liberties and Customs These general words saith he again must be understood of such Liberti●s and Customs as are not afterwards in the same Charter by express words taken away and assumed to the Crown Might not the Kings inferior Courts command ordinary Ministers to give men their Clergie Expost and Quer. And might not that serve before Magna Charta as it is usual since For seldom or never in our memories did Bishops themselves attend any court for that service and now should they be necessary onely for that imployment So the Kings Court would be onely to command them but if Bishops may be spared why may not that Court for that cause And if by this Charter the King resumed some Pleas of the crown from those that formerly had them dor●● et follow that he resumed all Ple●● from those that formerly had them And if under the name of Bailiffs be comprehended all Judges and Justices are not the Judges of the Common-Pleas and Barons of the Exchecquer so comprehended And are none of them of such learning and experience in the Laws of the Realm to try the life of a man as Judges of the Kings-Bench Or else why are they sent for Goal-deliveries aswel as Judges of the Kings-Bench are Was it not provided by the 9. chapter of Mag. Charta That London and other Cities Burroughs and Towns as well as the Barons of the five Ports and other Ports should have their Liberties and Free-Customs Are all these now resumed by this 17. chap Who can understand so Or what meaneth the L. C. by his riddles Shall Magna Charta contradict it self though the Lord C. would and doth here and elsewhere Are not Commissions of Oyer and Terminer usual for Tryal of mens lives where Judges of the Kings-Bench cannot reach or dare not go Doth not London and other Corporations execute their Charters by their Recorders when the Kings-Bench gives them leave and then do not the Judges of the Kings-Bench grant that such Judges may be as learned and experienced in the Laws as themselves for the Trying of mens lives Are not mens lives Tryable for matter of Fact and not of Law except Treasons that reach to thoughts Are not Jurors the Judges of matters of Fact What great learning or experience in Law is requisite for a Judge to pronounce the sentence of death where the verdict hath determined the life But how many true men have been hanged and thieves saved by Judges interposing and obtruding their pestifferous pretended learning and experience in the Laws between the weak consciences of ignorant Jurors and the truth which kind of Jurors they make Sheriffs return for such purposes when they may have such returned as know the Facts and have sounder learning and experience in express Law than themselves All Wears from henceforth be utterly put down by Thames C. 23. Wear● c. and Medway and throughout all England but onely by the Sea-coasts It was specially given in charge by the Justices in Eyre saith the Lord C. that all Juries should inquire of all such as Fished with wears and Dams L. C. upon M. C. fol. 38. and it appeareth saith he by Glandvil lib. 9. c. 11. That when any thing is unjustly occupied within the Kings demesne or obstructed in publick waies or Rivers turned off their right channels or Citie-streets built upon and in general as often as any nusance to the Kings holding or his High-way or to any Citie is committed That is a purpresture viz. an Inclosure whereby one in chroacheth or maketh that several to himself which ought to be common to all or many and every publick River or stream the Kings High way If Wears be nusances as I am sure they are throughout England Expost and Quer. and Wales and if Commissioners for Sewers and Justices of Peace for want of them be sufficiently authorized to reform such wrongs and do not because chief doers thereof or sharers in the unlawful gain made thereof themselves why not Justices in Eyer imployed to execute their charge for the general amendment thereof for the publick good One Measure of Wine shall be throughout our Realm C. 29. Measures c. and one measure of Corn viz. according to the Quarter of London and Haberjects that is to say two yards within the list and as it is of Weights so shall it be of Measures This Act concerning Measures L. Cok● upon M. C. fol. 49. and Weights that there should be one Measure and one Weight through England is grounded upon the Law of God Deut. 25. v. 13 14. And this by Authority of Parliaments hath been often enacted but never effected If Weights and Measures throughout England ought to be one Expost and Quer. and that not onely by the Law of God as the Lord C. instanceth but also by this Charter of Agreement between the King and the People Why did not the Lord C. being chief Justice of England sworn to do Law and Justice too and between King and People as partly before did and hereafter further shall appear he was or ought to have been see this point of Justice so highly required by the Law of God and so mutually agreed upon by the Kings of this Land and their Subjects duly executed Nothing shall henceforth be given for a Writ of Inquisition Ca. 16. Inquisition nor taken of him that prayeth the Inquisition of Life or Member but it shall be granted freely A Writ of Inquisition L. C. upon M. C. fol. 42. viz. De odio atia anciently called De bono malo c. which the Common-Law gave a man that was imprisoned though it were for the most odious cause for the death of a man for which without the Kings Writ he could not be bailed Yet the Law favouring the Libertie and Freedom of a man from Imprisonment c. until the Justices in Eyre should come at what time he was to be tryed he might sue out this VVrit directed to the Sheriff c. If a Writ De odio atia was given by the Common-Law Expost and Quer. to a man Imprisoned for the most odious cause even for the death of a man and if the Common-Law favoured the Liberty of a man Imprisoned so that he should be Bailed for such a Fact until

JUDGES JUDGED out of their own mouthes OR The QUESTION Resolved by MAGNA CHARTA c. Who have been Englands Enemies Kings Seducers and Peoples Destroyers from Hen. 3. to Hen. 8. and before and since Stated by Sr. EDVVARD COKE Kn ● late L. Chief Justice of England Expostulated and put to the Vote of the People by J. JONES Gent. Whereunto is added Eight Observable Points of Law Executable by Justices of Peace Abusum ego non usum forensem damne Ex legibus illis quae non in tempus aliquod sea perpetuâ utilitatis causâ in aeternum latae sunt null abrogari debet nisi quam aut u sus ceärguit aut status aliquis Reipublica inutilem fecit Tit. Liv. lib. 4. dec 4. LONDON Printed by W. Bently and are to be sold by E. Dod and N. Ekins at the Gun in Ivy-Lane MDCL To the Right HONOURABLE HONOURABLE Right WORSHIPFULL And Well-beloved the COMMONS and PEOPLE of England Universally BEcause Magna Char. Printed in English An. 1564. and bound up with other Statutes at large too Voluminous and costly for the generality to read or buy doth yield less profit than hath been long necessary I have presumed at the instance of some to Dedicate this Treatise to you all as it concerneth the good of all that be or would be good the hurt of none that have left any unhurt wherein you shall find so many Chap. of Mag. Char. Confir Char. Art super Char. and other Statutes at large corroborating the same and the L. C. Exposition thereupon with some Expostulations and Queres of mine own as I thought requisite or convenient for these times The rest of the Charter concerning the Church yet unsetled or the Kings Tenures otherways disposed of I have omitted as useless desiring that thus much may prove useful to all undertakers of Reformation as well Martial as Civil Whose Servant to my power I shall ever be and continue with due faithfulness and humility Jo. Jones The Great CHARTER of the LIBERTIES of ENGLAND Granted to the People of the same By King HENRY the third And accorded between him and them in diverse full Parliaments as followeth viz. HENRY by the Grace of God King of England Lord of Ireland Duke of Normandie and Guyen and Earl of Angeow To all Arch-Bishops Bishops Abbots Priors Earls Barons Sheriffs Provosts Officers And to all Bailiffs and our faithfull Subjects which shall see this present Charter greeting Know ye that We to the honour of Almightie God and for the salvation of the souls of our Progenitours and Successours Kings of England to the advancement of holy church and amendment of our Realm of England of Our meer free will have given and granted to all Arch-Bishops Bishops Abbots Priors Earls Barons and to all Free-men of this Realm of England for evermore First We have granted to God and by this present Charter have confirmed for Vs Cap. 1. Liberties and our Heirs for evermore That the church of England shall be free and shall have all her whole rights and liberties inviolable We have granted also and given to all Free-men of our Realm for Vs and Our Heirs for evermore these Liberties under-written to have and to hold to them and to their heirs of Vs and Our heirs for evermore Here be four rehearsals saith the Lord Coke of four notable causes of the making this Law Lord Coke upon Mag. Chart. Fol. 1. First for the honour of God Secondly for the health of the Kings soul Thirdly For the exaltation of the church Fourthly for the amendment of the Kingdom And all granted to all subjects and their heirs from the King and his heirs for evermore That the great Charter might live and take effect in all successions of ages for ever Expost and Quer. The last of these causes which the L. C. in his Preamble calleth the ends for which this Charter was made being for the amendment of the Realm was saith the L. C. upon the first chapter of confirmatio Chart. fol. 529. to amend great mischiefs and inconveniences which oppressed the whole Realm before the making of both Charters viz. This and the Charter of the Forrest which saith the L. C. in his Preface were declarative Acts of the old Common-Law of the Land and no introductives of any new Law If the mischiefs and inconveniencies of the Realm were great before the said Acts were made to declare the Laws of the land which formerly the lawyers reserved to themselves till then undeclared Were there not greater since those Acts were made and the Lawes thereby declared and since the accord of King and People to keep the same inviolable when and as often as they were violated by Kings and their Counsel learned in the Laws As hereafter shall appear We Cap. 8. Debt Debtors Suerties nor Our Bailiffs shall not seise any lands or rent for any debt as long as the present goods and chattels of the debtors do suffice to pay the debt and the debtor himself be ready to satisfie Therefore shall neither the pledges of the debtor be distrained as long as the principle debtor is sufficient for payment of the debt and if the principal debtor fail in paiment of the debt haveing nought wherewith to pay or will not where he is able enough Then the pledges shall answer for the debt and if they will they shall have the lands and rents of the debtor until they be satisfied of that which they before paid for him except that the debtor can shew himself to be acquitted against the suerties We saith the Lord Coke spoken in the politique capacitie of a King L. Coke upon M. C. fol. 19. extendeth to his Successours And by Bailiffs are meant Sheriffs who write Baliva mea c. And by the words shall not seiz is expressed the Kings Grace who by the Common-Law had Execution against his Debtors bodies lands and goods And by the Statute of 33. Hen. 8. cap. 9. The Sheriff is to inquire c. and to extend all Lands Goods Chattels c. and 〈◊〉 take and imprison the Bodies as by that Stat. appeareth and as the daily practice sheweth Expost and Quer. If We extend to Successors even to King Hen. 8. Why not longer If Magna Charta was to live for ever Why not hitherto If the King of his Grace remitted by this Act the execution which the Common Law gave him before against his Debtors Bodies Lands and Goods in case of having nought wherewith to pay through decay of their estates by unavoidable necessities then the Kings Debtors obtained of the Kings Grace as much Liberty for their bodies as this King gave to all his free subjects by the 29th of this Act viz. No Free man c. And for his Estate as much as the proverb saith Where nothing is to be bad the King looseth his due If the King did not remit so much by this Act then did he gain thereby more

Judge of any Court of Record observe any such Law being so made or practice or suffer to be practised where he hath authoritie any suits or proceedings contrarie to Mag. Chart. and was and is he not perjured Doth not the practice of the Kings-Bench still shew that thence doth issue no other Writ for debt than a Bill of Middlesex or Latitar which express themselves to be for Trespass Are not those Writs still returnable ubicunquè suerimus and the Kings-Bench therefore still removeable at the Kings will whereupon as saith the L. Coke many discontinuances ensue and great trouble of Jurours charges of Parties and delay of Justice for which causes he saith this Statute was made How doth this Statute if therefore made prevent such discontinuances trouble charges and delay of Justice but by declaring that Common-Pleas shall not follow the Kings-Bench How contradictorie to himself is the L. Coke then when he laboureth to make Common-Pleas lawfull to be holden in the Kings-Bench And if as he saith the Pleas of the Crown were divided into high Treason Misprision of Treason Petty Treason Fellonie c. limited to the Kings-Bench because cont Coron dign Regis so that of these saith he the Common-Pleas cannot hold Plea By what Justice can he desire to hold Common-Pl●as in the Kings-Bench unless because more gainfull as when he was supplanted by his successour under colour of preferment from the Common-Pleas to the Kings-Beach he passionately expressed the difference saying That he was called from the warm kitchen to the cold hall and that therefore he desired to reduce Justice to his desire rather than his desire to Justice But let us examine his Arguments for that purpose First saith he The King is out of this Stature How out of this Statute which above all other the King was sworn to observe and obey and to violate was perjurie and punishable in all men without regard of persons and no less in the Lo. C. to say and write otherwise But saith he the King might sue in his Bench. And so might he in any Court of Record which he pleased for all such Courts are called his and have power under him to administer Justice to all men according to their Commissions and Charters as well as the Kings Bench and therefore he had his Atturneys and Sollicitours attending many such Courts Secondly saith he if a man be in custodia any other may lay upon him any action of debt c. because saith he that he that is in custodia ought to have the priviledge of that Court. Now if a man be in custodia for Fellonie c. and an Action for Debt c. be laid upon him shall his priviledge in being in custodia keep him from hanging if he deserve it till he pay the debt or if he be hanged and have any goods shall the Creditour be paid his debt out of the same or if he have any lands out of the Escheat I believe not If a man be not in custodia but a Justice of Peace or a Grand-Juror attending Sessions in Cumberland or Cornwall what priviledge of this Court doth he need If he be arrested there upon a Writ of trespass when he is guiltie of none is he not more disgraced than priviledged by this Court when he is forced to appear in this Court for trespass and nothing declared against him for any such matter ought he not to be dismissed for that matter with costs and dammages answerable to his disgrace and expences though arrested at the Kings suit Shall the King do any man wrong how then doth the Maxim hold that he cannot Shall this Court abuse his name to wrong his Subject Is not Injustice Perjurie in a Judge sworn to do Justice Is not all against Mag. Chart. and truth which is God himself If not so dismissed shall a declaration be admitted against him upon an Original for debt where neither such Writ nor cause belong And shall the Defendant be inforced to wait upon his Bail for trespass to answer that Declaration is not that more Injustice And moreover if that Writ or the Return thereof be forged as all or most Originals directed to the Sheriffs of London or Middlesex are aswel by Clerks of this Court and so filed upon Record here as by Attorneys in the Common-Pleas there shall that Declaration be admitted to say that the Defendant is in custodia which is false and be made a Record which would be accounted the next truth to Gospel And shall not the Defendant be admitted to plead Mag. Ch. against the jurisdiction of the Court and such lying Records If not is not all this more Injustice and Perjurie Shall Judges give Judgements upon fal●e Records except to burn them and punish the makers and causers and shall not they be counted and called false Judges and Perjurers and their judgements false judgements and perjuries Shall they that commit Debtors into their Marshals custodie upon such judgements by their priviledge as they call it say that this Statute doth nor take away such priviledges when the Lo. C. himself saith that all Statutes ought to be expounded so that there should be no failer of justice and this Statute being M. Ch. chief of all Statutes and all its Confirmations say that equal justice ought to be done to all men without regard of persons What Statute or custom did or can give any priviledge to any Court to the contrarie What benefit of priviledge hath the Debtor that is so committed by this Court and its priviledge but his undoing and his families and often his untimely death by famin and miserie Is not that so occasioned by the rigour and illegalitie of this Court an offence of the highest nature of Munther and Perjurie Who gaineth any thing by this priviledge but the Court and their Marshal in extorted Fees to the dammage of both Creditor and Debtor and often the ruin of both or either Why therefore doth the L. C. call it a priviledge to the party in Custodie when it appeareth to be no benefir but prejudice unto him and that more aggravated to have more Actions laid upon him for more debts occasioned perhaps by his imprisonment What law or reason requireth any priviledge to any man for debt since this Statute in the 29 chapter freeth all mens bodies from imprisonment untill they be lawfully tried by their Peers and no law but an abortive Statute made 25. Ed. 3. cap. 17. and repealed in the 42 of the same King as aforesaid gave an Arrest against Debtors but Merchants and Accomptants and a Statute made in the said 25 year of the said King gave the Creditors two parts of all their Debtors lands all thei goods except the beasts of their plough for satisfaction of their debts which Statute is still in force and daily executed accordingly As for Accomptants Debtors and Tennants to the King that are so indeed if the Court of Exchequer be thought proper for them why

Gratis and no Judge to take any Fee or Reward for any thing but of himself Eightly Do they not deny Justice when they deny such Writs Gratis Ninthly Do they not defer Justice when they detain poor men that are Bailable in Prison while they have sufficient men ready to tender for their Bail till they be forced to borrow money of other friends and to send far and stay long before they can receive it to loose their Bail in the interim and be forced to seek others by which delays their Goalers Fees increase and their Dyer Lodging and Expences draw charges which they might have saved to find Bread for their Wives and Children at home who perhaps are forced to fast by that means and to sell or pawn their Cows or Clothes for this money this damnable money thus extorted by a Judge for scribling his Infamous name to a Writ which doth but wrap a man and his cause faster in his clouches O Merciless Miserable Mercinary Judge that can neither give nor lend so little as his name to so much goodness in Policie if not in Charity to give a man Liberty to breath and take leave of his Home upon security of more advantage both to Court and Party than his imprisonment to return to his Pinfold Radamanth himself abhorreth such foolish covetousness Do they not defer Justice when by their Writs they cause Indictments Informations and just Suits Commenced in other competent and more proper Courts in all parts of the Kingdom to be removed to Westminster and there detained without any Tryal these 40 years How many thousands of Papists and heinous Malefactors that should have been punished in and by their Counties and Courts at home have by this means found Westminster and its Courts their onely Sanctuaries and Priviledges for none but Eminent Opulent Impenitent Offendours But is not Justice denyed when any Bailable man is denyed to be Bailed Or more when Bail is accepted upon Oath for its sufficiency and is denyed to be Filed and the Party so Bailed in Law detained Prisoner still at the Judges and Planriffs pleasures Briefly Is not the Administration of all the Law and Justice in England Ingrossed and Monopolized at Westminster where the Judges and Courts assume to be chief and do exercise a plenary jurisdiction over all others so that they suffer none but themselves to erre or to abuse Law nor any to accomplish any Justice or to reform any Errors but onely themselves who do pretend to correct all in their Exchecquer-Chamber where instead of correcting any they confirm their own which must be all as aforesaid Lastly is it unknown that they were wont to Buy their Offices of the Kings Servants and therefore to Sell their Under-Offices to their own Servants Attorneys c. And was not this the Buying and Selling of Justice that is yet unpaid for had need so to be Reformed Is it any reason that any should Buy Justice and not Sell it for gain by the Bargain Is it not Bought to that end Is it not to that end Judges neglect to give Attorneys their ancient Oath whereby they were wont to be Sworn to do no Falshood nor cause any to be done in their Courts and if they knew any to give knowledge thereof to the Judges c. that they should increase no Fees c. as you may read it at large in the latter end of the Attorneys Academy Is it not to the same end that Judges neglect to give all Plantiffs for Trespass their Oaths that the Trespass amounteth to 40 f or more or else let the Suit be Tryed in the Sheriffs Court at home according to the Statute of Glocester 6. Ed. 1. cap. 8. And is it not likewise to the same end they neglect to take security of all Plantiffs to prosecute all Actions with effect or pay Costs and Damages to the Defendants if they prove not their Issues which Judges anciently used to do and still ought before any Declaration be admitted or Plea required as saith the Mirror of Justice fol. 64. b. Is it not to the same end the Chancery neglecteth to take the Oath of all Complainants to make good their Bills in all points or pay Costs and Damages in case they fail and that before any Sub-poena be granted them according to the Statute 15. H. 6. cap. 4º And were not all well ended if all the end were that none were forsworn for Injustice but the chief Justices though comfortless for them to be so wretched as to have no associates is it not the worse for the People that their Ministers which ought to be Sworn as aforesaid are not Whereby old Attorneys without hazard of Perjury lead young Judges Sworn to what they know not to do what they should not as when so many subtil and lying Mercuries direct so many covetous and blind Cupids to shoot forth their arrows that they may stick them where they please and commend the shooters for hitting the marks that yield them the best sports of the gain The rest of this Charter I shall omit as aforesaid for the reasons aforesaid and shall conclude this with the beginning of another made in Confirmation Renovation and Perpetuation thereof by King Edward the first in the 28 year of his Reign as followeth viz. EDWARD by the Grace of God King of England Lord of Ireland Duke of Guyen To all Arch-Bishops c. greeting We have seen the great Charter of the Lord Henry our Father of the Liberties of England in these words And so beginneth the Charter as aforesaid and ondeth this and it together saying We ratifying and approving these gifts and grants aforesaid confirm and make strong the same for us and our Heirs perpetually and by tenor of these presents renew the same Willing and granting for Vs and Our Heirs that this Charter and all and singular its Articles for evermore shall be stedfastly and inviolably observed And if any Article in the same Charter conteined yet hithirto peradventure hath not been observed nor kept We will and by Our Authoritie Royal command from henceforth firmly they be observed These c. being witnesses Given at Westminster under Our own hand the 28 of March in the 28 year of Our Reign Again where the L. C. maintaineth the Statute of Marlebridge made 51 Hen. 3. cap. 5. which saith The great Charter shall be observed in all its Articles as well in such as pertain to the King as to others and that shall be enquired of before the Justices in Eyre in their Circuits and before Sheriffs in their Counties when need shall be and writs shall be freely granted against them that do offend b●fore the King or the Justices of the Bench or before Justices in Eyre when they come into those parts c. And the offendors when they be convict shall be grievously punished by our sovereign Lord the King in form above mentioned Expost and Quer. I shall but ask Why not Justices in

Misdemeanours are comprehended all breaches of Magna Char and all Offences against all Statutes in force and concurrent with Mag. Char. and the Petition of Right which all Justices of Peace and Magistrates in their several jurisdictions are Authorized and sworn to hear and determine without fear favour or respect of persons How then to be excused or delayed by any Writ or command of any Superiour And how are the Judges of the Kings-Bench whereof the chief was the Kings Deputy by Writ now Superiour or equal to any other Judges or Justices If that maxim be true moritur Actio cum Personâ But the Office of a Deputy dyeth with its Master as a Letter or Warrant of Attorney with its maker the King-Bench may be spared as well as his person And all causes in this Common-wealth be called Common-Pleas and tryed by the Common Law of the land and Verdicts of common people and Free-holders of every County and Corporation before the Free Judges Magistrates freely chosen by the said Common and Free-People to justifie them at home and not before mercinary makers expounders and sellers of all Lawes and Liberties as they please at Westminster And doth not the said Stat. of 28. Ed. 3. warrant Justices of Peace or any two of them whereof one to be of the Quorum to call and keep Sessions as often as they see need to do justice to their Countrey See the Stat. at large and Cromp. I. P. fol. 112. and F. H. I. P. fol. 10. Whereunto adde That as Magna Charta compriseth all the Law of this land agreed upon by Kings and People and would be read and published in English as aforesaid for the better understanding thereof by all English People to the end that the ignorance of their Law should be not excuse for any of them to transgress it So how needless it is if not pestiferous to have this Common-Law reduced to a private mercinarie Trade or particular science exceeding the seven Liberal by such professours thereof as have and do endeavour to disguise mask and hide it from all but themselves in base French and Latine intricacies and obscurities to the end to make all persons offendors thereof and none excusable but by their resolutions of their own Riddles which are alwaies answerable to their Fees be the cause right or wrong whereby the cure of Law becometh an incurable disease until that superfluous mercinary profession be abolished or regulated so as the best and soundest Lawyers may be used in Parliaments as in former times to sit upon Wol-sacks to answer to what that high Court shall be pleased to aske them and not as members of that Court to make Lawes and Oaths for others which they never observe themselves but for their own gain and the peoples damage To which end they alwaies preamble their inventions against Mag. Char. with titles of Acts for the good of the people when in their subsequents they hurt all but themselves As passing by all former their last Acts for the inlarging of poor prisoners for debt sufficiently witness whereby neither creditor nor debtour are any way relieved but both further entangled and Lawyers Fees more procreated Videat experientia Conclusivè That there can be no firm peace or end of Wars till there be an end of mercinarie professours of Law less needful or useful for Parliaments or People than Bishops or such as might be used there or elswhere for saying or reading prayers while these neither pray preach nor study but their own lucrative magnificence every where upon the peoples purses Adde lastly Such Justices of Peace as will not execute Mag. Char. with its confirmations and the Petition of Right and desert and wave the execution and practice of contradictory Statutes for zeal to their Creatours or fear to be unmade by those that made them ought to be deserted and waved by all good Patriots of their countrey as excommunicated persons and breakers of M. Chà And such onely as will execute Mag. Ch. c. ought to be confirmed by the choise of the People in their Counties respectively whereby they may act as the ancient Conservatours of the Peace did by the Common Law of England before Mag. Char. and since which was to conserve the Peace of England by all necessary means word or sword unlimited by Prerogative Statutes devised by mercinary Lawyers to steal from the People their birth-right Authority in the name of the King unto themselves to sell delay and deny it at their pleasures which to do is apparently contrary not onely to Mag. Char. and the Common Laws of England and also to common reason but chiefly to the divine Providence of God for neither Law Reason nor Divine justice would ordain a man to conserve the publike peace of Gods people which peace as they is his own without giving that man an unlimitable power by which he may execute his Office and without which he cannot FINIS