than he gave contrary to the opinion of all Lawyers that say All Acts of Parliament are to be expounded for the benefit of the Subject And what and how did he gain but contrary to his Honour much more to his Grace when two more of his subjects were hedged in by this Act as Pledges to pay for his undone Debtor and to undoe themselves and their families by the bargain And their estates being too little to pay their own debts their Creditours must see the King first served our of the same to their no small prejudice if not undoing whereby many are injured through one mans occasion If therefore this Act ought to be construed for the honour of the King and benefit of the subject as I believe it ought and the L. C. saith others have thought so it followeth That the Statute of the 33. Hen. 8.9 was made as many more were before and since against Mag. Chart. and not onely against Kings honour and grace but also their Oathes to the undoing of multitudes of their subjects which was ungracious for their Counsel learned in the Laws to give advice or assent to the making such Laws or when made to allow them much more to maintain them being that all Judges are to receive Mag. Chart. for a Plea against all Statutes made against it And all Judgements given against Mag. Chart. are and ought to be void as appeareth in the L. C. preamble And all such Statutes as were made before the 42. of Ed. 3. against Mag. Chart. were then replealed and as I conceive all made so since are repealed by the Petition of Right 3. Car. that restored Mag. Char. to its primitive vigor and consequently enervated all its opponents The City of London shall have the old Liberties Cap. 9. London c. and customs which it hath been used to have Moreover We will and grant that all other Cities Burroughs Towns and the Barr ons of the five Ports and all other Ports shall have their Liberties and Free-customs This Chapter saith the Lord Coke is excellently interpreted by an ancient Author quoting the Mirrour in the Margent who saith L. C. upon M. C. fol. 20. that by this Chapter the Citizens of London ought to have their Franchizes whereof they are inheritable by loyal Title of the gift and confirmation of the Kings which they have not forfetted by any abuse and that they shall have their Franchizes and Customes which are sufferable by right and not repugnant to law And the same interpretation serveth for the Cinque-ports and other places Expost and Quer. Doth not this Charter and chapter sufficiently declare and Lawyers though unwillingly yet plainly confess that London and the rest had old Liberties and customes and that they are inheritable thereof and ought still to have the same so long and so far as not repugnant to Law which I conceive to be this Law and not any that have been made since against it And do not the several Charters of London and other Cities and Towns obtained since this Law declare further what those Liberties and Customs were And if the Kings learned Councel have consented that he should grant or Professors of the Law advised Londoners or any other Citizens to ask things repugnant to this Law and prevailed with both parties Have they not misled both parties And though they have so done often yet in this case doth not the Statute of the 19th of Henry 7. chap. 7. help the offendors with less danger than the forfeiture of their Customs and Liberties if they offend especially but in those points which their lawyers so much misadvised them to ask and the Kings him to grant Common-Pleas shall not follow Our Court Ca. 11. Common Pleas. but shall be holden in some place certain Before this Statute saith the Lord Coke Common-Pleas might have been holden in the Kings-Bench L. C. upon M.C. fol. 22 23. and all Writs returnable unto the same Bench And because the Court was holden coram Rege and followed the Kings Court and removable at the Kings will the Returns were Ubicumque suerimus in Angliâ whereupon many discontinuances ensued and great trouble of Jurors charges of Parties and delay of Justice for this cause this Statute was made c. And Pleas of the Crown were divided into high Treason Misprision of Treason Petty Treason Fellony c. and limited to this Court because contrà coronam dignitatem c. So that of these the Lord Coke saith the Common-Pleas cannot hold Plea But to shew that Common-Pleas may be holden in the Kings-Bench he saith That the King is out of this Statute and may sue in that Court Secondly if a man be in Custodia any other may lay upon him any Action of debt covenant or the like personal Action because that he that is in Custodia ought to have the priviledge of that Court And this Act taketh not away the Priviledge of any Court. Thirdly any Action that is Quare vi Armis where the King is to have a Fine may be sued in this Court Fourthly Replevins may be removed thither Fifthly saith the Lord Coke Albeit originally the Kings-Bench be restrained by this Act to hold Plea of any Real action yet by a mean they may as when removed by writ of Error from Common-Pleas thither for necessitie lest any party that hath right should be without remedie or that there should be a failer of Justice and therefore Statutes are alwaies to be expounded so that there should be no failer of Justice Expost and Quer. Do not the L. C. words viz. Before this Statute c. imply that after the Statute common-Common-Pleas ought not to be holden in the Kins-Bench nor all Writs be returnable into the same Beach Doth the Register or Natura brevium therefore shew any Writ for debt returnable to the Kings-Bench Doth not Fitz. H. natura brevium fol. 119. h. k. declare that there is no Writ in Law for debt but a Justicies which is a judicial Commission to the Sheriff to determine the matter Nè amplius indè clamorem audiamuus So that the Kings-Bench ought not to be troubled with the matter at all or if an Original returnable to the Common-Pleas Doth not that Original declare it self to be a Summons And doth not Mr Kitchen in his Ret. brev fol. 4. Tit. com bank declare that Summons Atachment and Distringas succestively distant fifteen days one after another is the onely Proces at Common Law The Kings-Beach and Common-Pleas ought to practise by the Common Law declared by Mag. Chart. and accord of the King and People declared and injoyned to be observed inviolable and immutable for ever Did ever any Judge of the Kings-Bench or Common-Pleas advise or consent to the making any Statute or Law to the contrarie being sworn to execute and maintain Mag. Chart. as anon shall appear all were or ought to be and was not perjured Did or doth any
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-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-Plâ—as in the Kings-Bench unless because more gainfull as when he was supplanted by his successour under colour of preferment from the common-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 falâ—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
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 Libertiâ—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 dorâ—â— et follow that he resumed all Pleâ—â— 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-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. Wearâ— 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. Cokâ— 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
Eyre still And why not Writs Gratis sent to the Sheriff of every Countie to enquire of offences and offendors against the great Charter And doth not this Statute prove that Sheriffs ought to have such Writs and to make such enquiries And that the King referred himself as well as others to the judgements as well of Justices in Eyre as of the Justices of the Bench and that he would have his Writs granted as well against him as others and that Gratis doth it not futther prove that Kings accounted the Justices in Eyre his Justices and their Court his Court as well as the Kings-Bench how therefore doth the Lord Coke hereafter call them new Justices and their Court new Court But more of that in its place Now having done with so much of Mag. Charta as I promised and with the 5 Chapter of the Statute of Marlebridge and the 8 of the Statute of Glocester Here ensueth the Confirmation of the great Charter made at London 10 Octob. Anno 25. Ed. 1. three years before that which is Printed before it because that containeth all the Charter in 38. chapters at large and this but 7. In the First of which it confirmeth both Charters and every Article thereof both made 9º H. 3. in general words as followeth viz. Edward by the grace of God Cap. 1. Charters King of England Lord of Ireland and Duke of Guyen To all those that these present Letters shall hear or see Greeting Know ye that We to the Honour of God and of Holy Church and to the profit of Our Realm have granted for Vs and Our Heirs That the Charter of Liberties and the Charter of Forrests which were made by the Commonalty of the Realm in the time of King Henry Our Father shall be kept in every point without breach And We will that the same Charter shall be sent under Our Seal aswel to Our Justices of the Forrest as to others And to all Sheriffs of Shiers and to all Our other Officers and to all Our Cities throughout the Realm together with Our Whits in the which shall be contained that they cause the foresaid Charters to be published And to Declare to the People that We have confirmed them in all points And that Our Iustices Sheriffs Maiors and other Ministers which under Vs have the Laws of Our Land to guid shall allow the same Charters pleaded before them in Iudgement in all their points That is to wit The Great Charter as the Common Law And the Charter of the Forrest for the Wealth of Our Realm The Title of this Statute saith the Lord Coke is Confirmationes Chartarum de Libertatibus Angliae Forrestae L. C. upon Cons C. f. 526. viz. The Confirmations of the Charters of the Liberties of England and of the Forrest And true it is saith he that hereby the said Charters are expresly confirmed but they are also excellently interpreted which is a Confirmation in Law for here is nothing Enacted but is included within Magna Charta And by the Commonalty saith he is to be understood by the consent of all the Realm by Authority of Parliament and many times by the Commonalty of England is signified an Act of Parliament c. before Printing and before the Reign of King Hen. the 7th Statutes were Ingrossed in Parchment and by the Kings Writ Proclaimed by the Sheriff of every Countie this was the ancient Law of England that the Kings Commandments issued and were published in form of Writs as then it was An excellent course and worthie to be restored c. This Clause saith he is worthie to be written in letters of gold viz. That our Justices Sheriffs Majors and other Ministers which under us have the Laws of the Land to guid them shall allow the said Charters in all points which shall come before them in Judgement And here it is to be observed That the Laws are the Judges Guides or Leaders according to that old Rule Lex est Exercitus Judicum viz. The Law is the Judges Armie Tutissimus Doctor viz. The safest Teacher or Lex est optimus Iudicis Synagogus viz. Their best Synagoug And Lex est tutissimus cassis viz. Their safest Fortress There is an old legal word saith he called Guidagium viz. Guidage which signifieth an Office of guiding Travelors through dangerous and unknown ways Here it appeareth that the Laws of the Realm hath this Office to guid the Iudges in all causes that come before them in the ways of right Justice who never yet misguided any man that certainlie knew them and truly followed them The sence of the words That the great Charter is to be holden for the Common Law is that it is a Common Law to all in amendment of the Realm that is of great mischiefs and inconveniencies which oppressed the whole Realm before the making thereof Expost and Quer. Doth nor the Lord Coke by all this his expression commend this Statute very highly Why did he not in his duty cause it to be observed in his time And had not Iustices of the Forrest and other Iustices Sheriffs Majors and other Ministers of his time had they received the Great Charter with the Kings Writs power thereby as well as he to cause the said Charter to be published to the People and that the King had confirmed it in all points Why did he by neglecting his duty to send the said Charter and Writs unto them accordingly make them fail of their duties Doth not the Lord Coke confess by this clause Worthie as he saith to be written in letters of gold That Sheriffs Majors and other Ministers as well as Justices and other Justices as well as those at Westminster have or ought to have the Law of England to be their guid and ought to allow Magna Charta in all points which in any Plea shall be before them Why then do the Iustices at Westminster by their Habeas corpus and other Writs as aforesaid disturb and prevent all Sheriffs Majors c. to exercise their Offices before Judgment or after without proof of Injustice or manifest Errors committed by them in their Iudgements Why do not the Iustices at Wistminster when they have Persons and Causes brought before them by virtue of their Writs allow Mag. Car. to be Pleaded before themselves since they will suffer no others to hear it How can it be true when they do not that the Law is their guid Do not they assume the sole Guiding Learning Interpreting Exercising and Over ruling of the Law to themselves when they suffer no other Iustices or Ministers of the King but themselves to have any Judgement therein as aforesaid Why do they bely the Law so much as to call it their Guid their Teacher their Army their Synagogue their Fortress when it is manifest That their Attorneys their Sollicitors their Catch-polls and their Goalers are their Guids Teachers Supernumerous Armies and Invincible Fortresses as they trust but may be deceived
the foresaid Iustices as far forth as appertaineth unto their Offices And besides these things granted upon the Articles of the Charters aforesaid The King of his special Grace for redress of the grievances that the people hath sustained by reason of his Wars and for the amendment of their Estate to the intern that they may be the more ready to do him service and the more willing to assist and aid him in time of need hath granted certain Articles the which he supposeth shall not onely be observed of his leige people but also shall be as much profitable or more than of the Articles heretofore granted One of the causes for the making this Act L. Coke f. 537 538 539. was saith the Lord Coke as in the Preamble is suggested that there was no certain punishment in many points established by the said Charters against the violators of the same which also by this Act saith he is remedied And the word People here saith he doth include all the Kings Subjects c. And again the word Pain ne fuit estable some read saith he Pain ne fuit execute and that is true in effect but the Original is Pain ne fuit estable that is no pain was set down certain And saith he fol. 539. This Act had but the force of a Charter until confirmed by this Parliament the 34th Ed. 1. And that these Charters should be read four times in the year in full County here is an order taken for the publishing And Ou remedie ne fuit avant c. is to be construed saith he where no Action was given by the Kings Writ to be pursued at Common Law c. Again here saith he for the better Execution of those glorious two Lights Magna Charta and Charta Forestae a new Court and new Justices were appointed c. Again saith he these clauses against the Kings Servants out of their places as well as others And to hear the Plaints without delay day by day and to determine them without admitting such delaies as be at Common Law was the first ground of the raising of the Justices called Trail Baston and their Courts so called in respect of their precipitate proceedings from day to day without such convenient leisure and time as Common Law allowed c. they in the end had such Authoritie as Justices in Eyer but albeit they had their Authoritie by Act of Parliament yet if they erred in judgement a Writ of Error did lie by the general Rule of the Common Law to reverse the Judgement in the Kings-Bench which being once resolved and known and their Jurisdiction fettered with so many limitations their Authoritie by little and little vanishâ—d Expost and Quer. Was there any certain Pain established by this Statute against the violators of Magna Charta other than by Commission in Eyer that the Justices might determine and punish the Offendors by Imprisonments Fines or Amerciaments according to the Trespass Ought not the Justices of the Kings-Bench to have so punished all such as were Indicted before Sheriffs or Justices in Eyer who had power to inquire and certifie them of all such Offendors and Offences against Magna Charta by the Statute of Marlebridge 51. Hen. 3d Doth not the Lord Coke say elsewhere That all Statutes ought to be construed so as that there should be no failer of Justice should not the Justices of the Kings-Bench have construed Magna Charta so Doth not the 14th chap. of Mag. Charta expresly direct That all offendors ought to be Amercied by their equals according to the quantitie of the Trespass Doth the Lord Coke speak truth when he saith this Statute gave any man Remedie for the certaintie of the punishment other than Magna Charta did before Was it not made more uncertain by referring it to the Justices in Eyers discretion whether Amerciaments Fyne or Imprisonment Doth he not confess plainly when he saith It is true in effect that the Pain was not Executed as some read instead of the Pain was not Established That it was the fault of the Justices of the Kings-Bench in not Executing the Pain of Amercying c. as they might and ought to have done was the cause of Impowering the Justices in Eyer who were but Enquirers before now to determine and punish such Offendors and Offences as they did forbear viz. The Kings Servants with whom by this time they of the Kings-Bench tampered for their Offices And was it not for the same cause the people were Declared to be choosers of Justices in Eyer And doth not the Lord Coke shew a great spight between himself and his brethren whom he would have to be ancient and the Justices in Eyer whom he calleth a new Court and new Justices And shew his Memory to be weak as his Envy was strong when he is forced to give himself the Lye either here or in his Exposition of the Stat. of Marlebridge where he saith They were then Justices and a court though but for Inquirie And upon the 23th Chap. of Magna Charta he saith they used before that time to give charge to all Juries concerning Wears c. Doth not the Lord Coke say fol. 235. That Bracton wrote before the making West 1. which was 3. Ed. 1 And doth not Bracton lib. 3. cap. 11 12 and 13. say Justices in Eyer were before his time Doth not Camden in his Britannia pag. 104. say They were Instituted by King Hen. 2 Doth not Hoveden in his Annais part poster fol. 113. b. confirm the same And add that K. Hen. 2. divided the Realm in six parts setled threâ— Justices in Eyer to every part whose names he relateth And doth not the Mirror of Justice lib. 3o. Tit. 1o. Justice in Eyer declare their power at large And as for their Election by the people doth he not say fol. 538. That Magna charta c. containeth the substance of all that is contained in these Articles And doth he not say in his Preamble That Magna Charta is an Act declarative of the ancient Laws and Customs of England before it and no introductive of any new And fol. 558. That of ancient time before the making of this Act all such Officers or Ministers as were instituted either for Preservation of the Peace of the County or for execution of Justice because it concerned all the Subjects of that County and they had a great interest in the due and just exercise of their places were by force of the Kings Writs in every several County chosen in full and open County by the Free-holders of the same County Again saith he So it was then and yet is of Coroners and so it was then and yet is of Knights of the Shire for Parliaments and of the Verdors of a Forest and likewise it was of ancient time of the Sheriff of the County and restored by this Act but this is altered by divers Acts of Parliament Now were not Justices in Eyer therefore
that were before Magna Charta chosen by the peole as they were Ministers of Justice wherein the people were concerned And were they by this Act but restored to their ancient jurisdiction as the Lord Coke saith Sheriffs were Was not that alteration which was made by divers Acts of Parliament made by such Acts as were contrary to Magna Charta And are not or ought not all such Acts to be void as the L. Coke hath elsewhere said Doth not these contradictions declare the Lord Coke to have been distracted with spight and envy against â—ustices in Eyer And where in this leaf he would perswade the people to suspect Justices in Eyer of corruption and Monopolizing justice to wrong the people that chuse them can the people believe that these Justices who are to be chosen by them and to be displaced by them when and as often as they see cause will or can wrong them more than those chosen by the King and his Servants without their consents unless they can believe that they may be perswaded to give their consents to wrong themselves Is it not a Bull of less formality than ever any Popish Bull was keeping a man off with his Horns That he shall have no hold of his tail when he saith That the clause where no remedy was before c. ought to be expounded where no Action was given by the Kings Writs to be pursued at Common Law Since by the Statute of Marlebridge Justices in Eyer were to inquire by the Kings Writs and now are by express words of this chapter not onely to inquire but also to determine by virtue of their Commissions without the Kings Writs And what cause could they or can any other Court determine by virtue of their Commission without the Kings Writs but is Actionable by the Kings Writs What doth this Statute give by virtue of this Commission if all things Actionable by Writs be not determinable by these Commissions without Writs And what doth this Statute avail if not constructable as others so that there should be no failer of justice Where was the failer of justice but in the Kings Courts and Iudges in not executing justice upon the Offendors of Magna Charta Doth it not therefore appear that the said clause Where no Remedy was before ought to be expounded where no remedy was given before by Iustices in Westminster against the Kings Servants and themselves that were the greatest contractors in the breaches of Magna Charta Were not the Iustices in Eyer therefore inabled with a power to supply their defaults faults and to do right to the People against the King himself and all his Servants at Westminster that wilfully failed in their justice and power And where he saith The Justices called Trail Baston had like authoritie as Justices in eyer and committed Errors upon pretence thereof had all their proceedings transported to the Kings-Bench doth it not appear by the Statute called Ragman that those Iustices were made by the King without the consent of the people and sent abroad perhaps of purpose to err and abuse the people to give colour to the Kings-Bench to send their Writs of Error for the proceedings of the Iustices in Eyer upon pretence of like Errors so to suppress all Iustice against themselves and their Creatures Doth not the Lord Coke here withal prefer the chargeable delaies of causes spun out by Termes and Years before speedy justice done day by day at mens own doors which he calleth Piecipitat Doth he not ground this course for suppressing speedy justice by Writs of Errors upon the resolution of the Iudges at Westminster which he al leadgeth as sufficient to maister Authority given by Act of Parliament And is it not the resolution of all Lawyers that no power but Parliament is equal to Parliament and no Parliament to be so impowred as to cross Magna Charta and its Confirmations Doth he not further sol 559. alleadge the resolution of all the Iudges of England against the King and his Councel for an Erroneous Act when they had chosen a Sheriff for Lincoln in a case of necessity without the consent of the People But to hasten this Treatise to an end I shall end this Statute for this time with few chapters following viz. The King hath granted unto his people Cap. 8. Elect. of Sherifts that they shall have Election of their Sheriff in every Shire where the Sheriffalty is not of the Fee if they list I shall say no more to this than hath been said before In summons and Attachements in Plea of land C. 25. Summons A. â—ach the Whits from henceforth shall contain 15. days full at the least after the Common Law if it be not in Attachement of Assizes taken in the Kings presence or of Pleas before Iustices in Eyer during the Eyer Upon this I must ask Expost and Quer. Is not a Writ of Debt Summons Should not that be given to the party which ought to be summoned Should not an Attachement follow by distinction of 15. days as this Statute prescribeth Shall the repealed Statute of the 25th of Ed. the 3d serve Lawyers turns to make a distinction between a Plea real and Personal And shall that Writ of Summons be counterfeited either in it self or in its return as aforesaid Such Executions shall be done of them that make false Returns of Writs Ca. 16. False Retur of Wr. whereby right is deferred as it is ordained in the 2. Statute of Westminster with like pain at the Kings commandment This is an Act of Confirmation L. C. upon Ca. 16 f. 568. whereby the Statute of Westminster the 2d. cap. 39th touching false returns is confirmed Doth not the 2d Statute of Westminster cap. 39. say Expost Q. That the King hath commanded that Sheriffs shall be punished by the Justices once or twice if need be for such false Returns and if they offend a third time none shall have to do therewith but the King c Doth not the Court of Kings-Bench assume the King to be always there in Person And what they speak to be his own speech Is it not they therefore that should punish Sheriffs for their false Returns the third time of their offence But is it not indeed they and their Creatures as well as those of the Common-Pleas do make false Returns in the names of the Sheriffs of Lâ—ndon and Middlesex and do consequently make those Sheriffs liable to Actions as aforesaid How can they punish those Sheriffs for those false Returns which they themselves suffer their Clerks to make unknown to the Sheriffs as aforesaid And who but they cause or suffer all Sheriffs falsly to Return Exigents with the words Per judicium Coronatorum and the Coroners names who know no such thing And if any man be Out-lawed without the judgement of the Coroners of his County or any mention made thereof in the Sheriffs Return is not that Outlawry as injurious
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 priusâ—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 Paâ—â—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
should others that are not such indeed be sheltered to defend or countenanced to offend under that pretence And as for Members of any Court why ought not they to sue and be sued by their Atturneys in other Courts than their own since it is unnatural for any bodie to suffer any of its Members though never so corrupt to be put to any smart which it may avoid And may not nay ought not every just Court avoid such suits and the suspition of their injustice by entertaining them and proceeding therein by leaving them to the justice of other Courts of competent judicature as all other Courts do leave their Members to the mercy of the Courts at Westminster or may not nay ought not all Courts of judicature within their jurisdictions determine the causes of all such Members of the Courts at Westminster as shall be found and arrested within their jurisdictions notwithstanding any Writs of priviledge or other Writs to remove them before they be determined rather than the Courts at Westminster may send for the Members of every Court to be justified by them For who can say he hath ever found any justice there against any priviledged man And how many that be no Members of any Court there indeed are so countenanced as subordinate to some ill Member or other there and have their Law for nothing to bring Fees and gain to one or other of those courts out of honestmens purses and Estates against whom they can shew no colour of right any where but where they know they shall be favored and their Adversaries oppressed And how many men of good Estates have been and daily are not onely oppressed but undone by that means Thirdly for Trespass vi Armis Is it but a common-Plea and consequently proper to all courts of Record and rather to be tryed within that jurisdiction where the offence is committed than elsewhere And hath not the King his Fines imposed and levyed by the authority of all such courts as wel as by the Kings-Bench Fourthly for Replevins may they not as well be removed to and determined by the Common-Pleas as in the Kings-Bench Fifthly what meaneth the Lord by his words viz. Originally restrained but that the Kings-Bench is restrained from having any original Writs Returnable thither in Real Pleas And is it not as much restrained from originals in Personal Pleas that are as Common-Pleas as Real by this Statute Or by what other Statute Law or President is it inabled to have any originals returnable to it for debt when the Register and Ret. brevium have no such Presidents as aforesaid Is not therefore all the practice of the Kings-Bench for debt unjust and perjurious as aforesaid and moreover a faint Action c. as the prisoners for debt in that Court have lately set forth by their Petition to the Lord General and his Officers concerning this matter A Free-man shall not be ameirced for a small fault Caput 14. Ameirciaments but after the quantitie of the fault and for a greater fault after the manner thereof saving to him his contenement or Freehold And a Merchant shall be likewise ameirced saving to him his Merchandize And any other Villain than Durs shall be likewise ameirced saving his Wainage if he fall into Our mercy And none of the said Ameirciaments shall be assessed but by the caths of honest men of the Visionage Carls and Barons shall not be ameirced but by their Peers and after the quantitie of their trespass No man of the Church shall be ameirced after the rate of his spiritual benefice but after the rate of his lay teuement and the quantitie of his trespass A Free-man here Lord Cook upon Magna Charta fol. 27. hath a special understanding saith the L. C. and is taken for a Free-holder and this appeareth by this clause Salvo contenemento suo viz. Saving his Free-hold c. This Act extendeth to Ameirciaments not to Fines imposed by any Court of Justice c. Free-men are not intended to officers or ministers or officers of justice c. The Writ of Moderata misericordia giveth remedie to the Partie that is excessively ameirced c. Albeit the Law of England is a Law of mercy yet it is now turned to a shadow for where by the wisdom of the Law these Ameirciaments were instituted to deter both Domandants from unjust suits and Defendants from unjust defences which was the cause in former times of fewer suits c. If amerciaments were instituted to deter Plantiffs from unjust suits Expost and Quer. and Defendants from unjust defences and were the causes of fewer suits in former times how comes the Law turned to a shaddow in the Lord Cokes time when in the Kings-Bench and Cmmon-Pleas am erciaments were as frequent and greivous as in any other time and suits no fewer nay more numerous than before as Records of both Courts declare unless he means that all the Writs in the Register and Natura brevium both original and judicial whereby suits were determined amongst neighbours friendly at home became useless since Habeas corpus c. carried all to Westminster And that there injustice shaddowed under the name and habit of justice remunerated the litigious supporters of her being with such shares of her spoils that though she trebled their amerciaments she made them alwaies gainers unless when to satisfie their revenge rather than their purses they commuted their monies for counsels and countenances to undo the opposers of their malice whereby both parties became loosers and often ruined and injustice onely remained the gainer and increased her kingdom as the Divel doth his by such suitors and made more suits for Westminster than all the Courts of Errors and their Judges Lawyers and Attorneys there shall wear out while they live without extraordinary helps of their servants No town or Free-man shall be distrained to make Bridges or banks C. 15. Bridg. Banks but such as of old time and of right have been accustomed to make them in the time of King Henry our Grandfather No Banks shall be defended henceforth C. 16. Banks but such as were in defence in the time of King Henry our Grandfather by the same places and the same hounds as were wont to be in his time Both the next precedent chapters sufficiently expound themselves so that the Lord Coke speaketh no more to this matter but that the Mirrour saith That diver Rivers and their Banks were in his time appropriated and blocked up by divers persons to debar common-fishings which were wont to be used there in the time of King H. 2. And I believe there are many more so done more lately which Commissioners for Sewers shall do well to look to No Sheriff C. 17. Pleas Crown Constable Escheator Coroner or any other our Bailiffs shall hold Pleas of the Crown One mischief before this Statute L. Coke upon M. C. 30. was saith the Lord Coke That no Court but the Kings
judgement of the Coroners of the Countie wherein they are Outlawed Are the Coroners of any Countie now adays present at every or any Countie when and where men are Outlawed Are not their names nevertheless returned as Judges of every Outlary unknown to them for the most part or all Are not those Returns false and forged and are such proceedings the due course and Proces of Law How many thousands of the Free-men of England are Outlawed yearly by such means and how many of them undone before they can reverse them How many are imprisoned thereupon and have all their estates seised for the King by Sheriffs chosen without the consent of the People and often such as purchase their Offices to gain by such means How many Outlawries yearly are so clandestinely carried that the parties so Outlawed can hear nothing thereof before they be imprisoned and their estates destroyed as aforesaid How many are further damnified by such Outlawries procured of purpose to debar them of their just suits in all Courts until they reverse them How chargeable are reversals thereof What lawfulness is it or what honour for the Courts at Westminster to make unlawfull prosit of such unlawfull practises Cannot the Judges at Westminster be contented to have counterfeit Returns of their Originals in London and Middlesex but they must also have the like Returns of their Exigents throughout the Kingdom Are not such Returns false and perjurious in the Sheriffs that make them Is it not sufficient for Judges to perjure themselves but that they must animate others to do so too by not punishing them when they know that practise Are not the Sheriffs of London and Middlesex and all the Coroners of the Kingdom made liable by this practise to Actions of the Case and to pay costs and dammages to the parties grieved Are such Judges Lawyers c. for the Peace or Profit of the Common-wealth that beget foment or suffer the causes of such Actions causelesly but for their own ends and gains Are such Courts to be called or counted Courts of Justice that maintain any Actions or Arrests upon unjust grounds or colour of any mis-begotten Laws contrarie to Mag. Charta Are not Assaults Batteries Rescues Riots and Homicides frequent upon such Arrests Are not many mens lives lost and more hazzarded and their estates ruined thereby And if a Catch-poll be killed for making or attempting such unlawfull Arrest do not the Judges use to adjudge it wilful Murther though the wronged party doth but endeavour his justifiable defence And have they not begotten a Statute for officers to plead the General issue by colour of which they justifie themselves and their creatures and condemn the guiltless Are not the causers of Murther as worthy to be hanged as the doers Are not they that maintain such Arrests to the same ends as their Predecessors Imps of the same generation Why therefore their advice desired or received in such matters Are not the Releases of Errors which Prisoners are forced to seal before they can be inlarged rather proofs of their guiltiness than acquittances of such practitioners Are not their Errors manifest to be wilfull and gainfull onely to themselves and hurtfull to the Common-wealth are such Errors or Proceedings to be called Due courses or Proces of Law Then to speak once for all is not the Due course and Proces of Law obstructed and perverted and a wrong course practised full of Errors Lies Forgeries Perjuries c. as alreadie appeareth and better shall hereafter and cannot Law be executed without such practises Doth not Mag. Char. and all its confirmations shew how it may Are not they sufficient lights and guids for the Due course Proces and Proceedings which ought to be observed in the right execution of Law And doth not the Lord Coke confess them to be such and that they never misguided any man that certainly knew them and truly followed them Fol. 526. Fourthly If no man shall be exiled c. Are not Debtors exiled from their Native Soils in Cumberland or Cornwal and from all their wordly comforts of Wifes Children Families Friends and Estates both Real and Personal when called and forced by Habeas corpus c. to attend Duke Humsrey in Pauls or Judge Owen in Westminster as good dead as any Judges living to hear or dispatch Suits by the Law of the Land in any way of Justice while the Suitors money lasts or to relieve them with any Alms when their Purses are spent And if at last sent to the Fleet or Marshalsey where they be pent up as aforesaid are they not worse Exiled than into Turkie where they may have more Liberty of Land and Sea and live in less Slavery than under Goalers in England and have more hopes to return home again like Sir Thomas Shirley and many others than from these Hells whence few find Redemption Had Henry of Bullingbrook been Imprisoned for Debt here as such now are when he was banished to France could he have hoped to be King of England except he had made all his Judges and Goalers the best sharers of all his Usurpations as all the cheating Prisoners in these places do theirs as they and their Creditors can best tell by dear and daily experience Fifthly If no man shall be destroyed c. unless by Verdict c. Are not all Prisoners for Debt who are first forced themselves to destroy their small Estates to buy bread to eat in Idleness and to pay Fees to Goalers c. and at last to Famish in the Fleet or Marshalsey c. destroyed both in Lives and Estates and their Families to boot without any Verdict given or intended for their Lives Nay are not all the Free-men of England that are or may be subject to Debts consequently subject to the like destruction And worthy so long as they suffer the Laws of England contained in the glorious Fabrick of the Great Charter of the Liberties of England built by their Ancestors for a perpetual Monument of their care of their Posterity and their Liberties for ever to be thus destroyed by an Hypocritical Generation of Pharisaical Pretenders to the onely knowledge of these Laws which by that pretence they thus pervert to destroy all honest men whom it should save and to save all whom it should destroy or punish and that for unlawful respects and considerations tending onely to their own profits and ends Sixthly If no man shall be condemned c. but by the judgement of his equals according to the Laws of the Land Are not all Debtors that are Famished as aforesaid Condemned for their Lives in effect though but for their Debts in appearance without any Verdict of their equals so intended contrary to the Law of the Land Seventhly do not all the Judges at Westminster sell Justice when they sell Prisoners for Debt their Writs of Habeas Corpus c. for money when the King would have all his Writs of Grace to be given to his Subjects
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 bâ—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
all whose ways are to Injustice as aforesaid How can that Law be called Common to all which They and these their Creatures Monopolize Ingross and Appropriate all to themselves as aforesaid And We will C. 2. Judgements That if any Indgement 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 Whatsoever Judgement is given against this Statute of Magna Charta L. Coke upon Con. C. f. 527. c. is made void by this Act and may be reversed by a Writ of Error because the Judgement is given against the Law for this Act saith Soir de fair pur nienttenus viz. as the Stat. Englisheth it self It shall be undone and holden for nought Expost and Quer. If so Why should not all Iudgements appearing as aforesaid to be contrary to Mag. Charta which are given for Arrests and Imprisonment of mens Bodies for Debt be undone and held for nought Why did Mr. Garland lately trouble the most High Court of Parliament whereof by so doing he shewed himself an unworthy Member with a ridiculous useless Act of his drawing for the Enlarging poor Prisoners for Debt Why did not he if he did ever read this place of the Lord 〈◊〉 mind the Parliament to command the Judges who seem if they have read it to have forgot it to reverse their Erroneous judgements against Debtors so far as they extend to their Imprisonment and to send their Liberate to all their Goalers to set open all their Goal dores and let forth so many of the Prisoners for Debt as they have left alive The poor because they have no Estate whereof to pay the rich because they have Estates sufficient for all or part against which Estates so much of their judgements may stand as concerneth that and not their Bodies and Executions may be taken thereupon by Elegit or Fieri facias according to the Statute of Westminster the 2. cap. 18th agreeable to Magna Charta and the Parliament not to be troubled except to Impower the Iudges by an Order to rectifie their judgements according to that Law which is in force and so forgo their Errors and Repealed Statute of the 25th of Ed. 3d c. 17th which ought to be no Guid Leader or Teacher to learned and grave Judges that can never be misguided by the right law if as the Lord C. saith they certainly know it and be pleased truly to follow it And by this course as well the Creditors of the rich Debtors as the poor Prisoners for Debt that have been wronged by the Judges Erronious judgements and proceedings against Mag. Charta may be partly redressed and so rest satisfied until the Parliament be pleased to right them further as shall appear hereafter they may So likewise may that Prisoner which is Imprisoned again after his inlargement by Garlands Act be Enlarged again by the same Judge that Committed him without troubling the Parliament or People with any such Appeal as is lately divulged or suffering the Apprentices Out-Cry to run so far That now it will never be stopped till the Thieves be taken And that all Arch Bishops Cap. 4. Excom c. and Bishops shall pronounce the Sentence of Excommunication against all those that by word deed or counsel do contrary to the said Charters or that in any point break or undo them And that the said Curse be twice a year Denounced and Published by the Prelates aforesaid And if the same Prelates or any of them be remiss in the Denunciation of the said Sentences the Arch-Bishops of Canterbury and York for the time being shall Compel and Distrain them to the Execution of their Duties in Form afore-said This Excommunication the Prelates could not pronounce without Warrant by Authoritie of Parliament L. C. upon Confir Cart. f. 527. because it concerned Temporal causes Expost and Quer. Was not the Authority of this Parliament sufficient Warrant for Prelates to pronounce Excommunication according to the Tenor and limitation of this Act Doth not the Lord Coke say before That this Act is not onely an Express Confirmation of Magna Charta but also a Confirmation of it in Law Doth he not say before that That Magna Charta should live for ever and in all Successions of Ages for evermore Is not the substance of the Excommunication given by this Act to the Prelates to pronounce Had the Prelates any more to do therein but to pronounce an Excommunication What meaneth Ipso Facto in the Act but to let all future Ages understand That the breach of Mag. Cha. which is a Declaration of the Fundamental Laws of England is such an Offence as deserveth an everlasting Curse inflicted by the Law it self upon the Breakers for ever Which Curse receiveth no more strength from the Pronouncer than a Sentence of Death from a Iudge who doth but tell a Fellon whom the Law condemneth what shall be the manner of his Death If any Excommunication was ever pronounced by virtue of this Act as there were two in two several Kings Reigns were not those Excommunications in force and so to continue as long as Magna Charta it self the Prelates and their Successours neglect of their Duties by discontinuing such Denunciations twice yearly afterwards notwithstanding If so Are not those Excommunications still in force except Absolutions be produced granted and given by equal Authority to that whereby those Excommunications were Denounced If so Are not Excommunications until Absolutions of the same accompt and validity in Law as Out-lawries until they be reversed If so Are not all the Lands Goods and Chattels of all Excommunicats now the States as formerly they were the Kings and so Seizable Sequestrable and Convertible to that use until Absolution And ought not satisfaction precede Absolution Ought not that satisfaction extend to every particular man that hath been wrong'd in this case which as the L. C. saith is a Temporal case and so called in respect of the interest of all men called by the Clergy Temporal for distinction from themselves that would be called Spiritual And so as I believe not to be commuted by a Prelatical Sentence to a trivial Pennance nor pardoned by Parliament without excepting every particular Interest And what Parliament can Pardon or Absolve Offendours against Magna Charta but by the Rules of Magna Charta without offending Magna Charta themselves and incurring the same Excommunication as they have incurred that would be Absolved If Excommunications be no Terrors to Atheistical Judges Justices c. who neither Believe nor fear Heaven Hell God Justice nor Laws though they cannot in nature and reason but know that such there are and are to be beleived feared and obeyed shall not Excommunications be sufficient Warrants for Christians English Christians in England being warranted not onely as the L. C. saith By
Authority of Parliament but of many Parliaments such Parliaments of such Infallibility as were those wherein Magna Charta and all its Confirmations were made and grounded upon the Common-Laws of England which as all Lawyers profess were grounded upon the Law of God the Word of God the God of Christians Christ Jesus the God of Truth even Truth it self to put them in Execution If not To what ends are Parliaments or the Laws of God and man to such as dare not or will not if and when they may Doth not the Statute of Ano. 1o. P. M. cap. 12o. which made it Fellony for twelve English persons or above to assemble together of purpose to break any point of the Laws of England imply it to be Warrantable for all the People of England to Assemble together to cause the Laws of England made by all their consents to be observed and to punish not onely the Breakers but also the onely begetters and causers of all the Breakers and Breaches of all the Laws of England the onely assumers of the knowledg thereof and concealers of that knowledge from the People so that none but themselves can knowingly break the Laws because they will not let them know them Lastly If Excommunications be nothing formidable to Lawyers to make them care whether they incur or shun them but as their profit guids them Let us see what the L. Coke saith fol. 536. concerning the conclusion of this Act and the Seals that were put to it and the Oaths of the King and Parliament then and for ever for the Ratification of it omitted in the Stat. at large in Print but to be seen in the Tower Rot. Parl. 7o. Hen. 4th no. 60. begining with the word Simile c. Note saith he the Solemnitie of this Act in that all the Arch-Bishops Bishops Earls Berons c. did put their Seals thereunto A rare example which was done for the obliging of them the more firmly to the observation of this Act which concerned the Laws Liberties and Free-Customs of their Countrey and for their greater Obligation for the due Observation of this Act they took a voluntary Corporal Oath And let us note Expost Q. that if the Judgement of God and this Parliament hath made the Prelates sensible of their slighting of their Predecessors Excommunications seals and oaths by what justice or excuses shall Lawyers avoid the same Judgement And though the Ignorance of Mag. Charta and the Law which Lawyers have begotten caused by concealing the same from them as aforesaid can be no safe Plea for any with God or man without prayers for Remission and manifestation of Repentance yet is Ignorance a better subject for mercy than knowing wilfulness and the people while ignorant of Mag. Charta are more capable of grace for the breaking of it than when they know it if they put not the Iudgements of it in Execution against the causers of their offence Now I shall let you see that there were two Excommunications denounced against the breakers of Mag. Charta according to this Statute as followeth The Year of our Lord One thousand two hundred fiftie three Excomunic prim the third of May in the great Hall of the Ring at Westminster in the presence and by the assent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwall his brother Roger Bigor Earl of Norfolk and Suffolk Marshal of England Humohrey Earl of Herford Henry Earl of Oxford John Earl Warren and other estates of the Realm of England We Boniface by the mercie of God Arch-bishop of Canterbury Primate of all England T. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich P. of Herford W. of Salisbury W. of Durham R. of Excester M. of Carlile W. of Bath E. of Rochester T. of S. Davids Bishops apparrelled in Pontificals with tapers burning against the breakers of the Churches Liberties and of the Liberties or other Customs of the Realm of England and namely of those which are contained in the Charter of the Common Liberties of England Charter of the Forrest have denounced the sentence of Excommunication in this Form By the Authoritie of Almightie God the Father the Son and the holy Ghost and of the glorious Mother of God and perpetual Virgin Mary of the blessed Apostles Peter and Paul and of all Apostles and of all Martyrs of blessed Edward King of England and of all the Saints of heaven We Excommunicate accurse and from the benefits of our holy Mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her Right and all those that by any craft or wiliness do violate break diminish or change the Churches liberties and Free-customs contained in the Charters of the Common liberties and of the Forrest granted by our Lord the King to Arch bishops Bishops and other Prelates of England And likewise to the Earls Barons Knights and other Freeholders of the Realm and all that secretly or openly by deed word or counsel do make Statutes or observe them being made or that bring in Customs or keep them being brought in against the said libertis or any of them the Writers Lawmakers Counsellors and the Executors of them and all those that shall presume to Judge against them All and every which Persons before mentioned that willingly shall commit any thing of the Premises let them well know That they incur the foresaid sentence Ipso sacto first upon the deed done And those that commit ought ignorantly and be admonished except they Reform themselves within 15. daies after the time of the Admonition and make full satisfaction for that they have done at the will of the Ordinary shall be from that time forth wrapped in the same sentence And with the same sentence we burthen all those that presume to perturb the peace of our Sovereign Lord the King and of the Realm To the perpetual memory of which thing We the aforesaid Prelates have put Our Seals to these Presents What though the Form of this Excommunication be Popish Expost and Quer. Is not the Substance the maintenance of Englands Liberties And is not that all which the meaning of this Law requireth If Judges and Prelates as well since King Hen. 8. as before have neglected their Duties in Itterating the charge of their Functions the first in pronoucing Sentence and the other in Executing it doth not once pronoucing once executing of such one Sentence of Law as concerneth all Ages Sexes and Conditions of People to learn and remember no less for the Preservation of their lives and livelihoods than Scriptures for their Salvation take away the plea of Ignorance from all men Shall any man commit that sin which he knoweth to be once so Declared by the Law and think to avoid punishment because not often so Declared by Law-Professours Are not all men bound to search the Scriptures and
learn the Laws at their perils therefore If Ignorance were a plea shall knowledge be excused Professors of knowledg nay such as ingross that Profession from all others nay more such as are the onely causers and punishers of all other mens Ignorance It appeareth that this Sentence was Denounced in the time of King Hen. 3d. Now followeth another Denounced upon the said Confirmation made in the 25th year of King 8d 1o. viz. In the Name of the Father Excom 2. the Son and the Holy Ghost Amen Whereas our Sovereign Lord the King to the Honour of God and Holy Church and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Arch-Bishop of Cauterbury Primate of all England Admonished all his Province Once Twice and Thrice Because that shortness will not suffer so much delay as to give knowledge to all the People of England of these Presents in Writing We therefore injoyn all persons of what Estates soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Sovereign Lord the King in all points And all those that in any point do resist or break or in any manner hereafter procure counsel or any wise assent to resist or break those Ordinances or go about it by word or deed openly or privily by any manner of pretence or colour We the foresaid Arch-Bishop by our Authority in this Writing expressed do Excommunicate and accurse and from the Lord Jesu Christ and from all the company of Heaven and from all all the Sacraments of Holy Church do sequester and exclude Doth not the word Hereafter Expost Q. 1 extend to all successions and implie a Duration as long as there be a Mag. Charta and a breaker of it Do not Parliamentarie Oaths as well as their Laws include absents and futures as well as present If neither Oaths nor Excommunications be obligatorie to Atheists shall not their hands and seals bind them and their Heirs and Executors after them as common Bonds signed and sealed between private parties commonly do And more specially such as take upon them the sole Execution and Administration of the Laws Liberties and Freehold of England Shall not Charters of Parliament made signed sealed and confirmed by Authoritie of Parliaments bind all Subjects their Heirs Executors and Administrators as well and as far as private Charters of Feofments shall bind their Contractors and their Heirs c. Nay as far as Acts of Parliament can bind till repealed Is not every Court called Curia of the Care it ought to have to execute that charge it undertaketh and not to exact and raise Fees c. for discharging themselves of all their said Obligations to do even Justice to all men and to force men to pay those exactions even for doing injustice If all before written be not sufficient to discover that to be true and that therefore the Lives Lands Goods possessed by Judges Lawyers all or most of them are in the States power to seize into their hands to the use of the Common-wealth as aforesaid let us look a little further and we shall find more that may And first the Statute called Articuli super Chartas viz. Stat. of Artic. on the great Chart. A. 28. Ed. 1. Articles upon the great Charters made 28. of Ed. 1. viz. the same year as the Confirmation at large which consisteth of 38. chapters of Magna Charta was made proveth further as followeth For as much as the Articles of the great Chartâ—r of the Liberties of England Preamble and of the Charter of the Forrest the which King Henry Father to our Sovereing Lord the King granted to his People for the Weal of his Realm have not been heretofore observed ne kept and all because there was no punishment executed upon them which offended against the points of the Charters before mentioned Our Sovereign Lord the King hath again granted revived confirmed them at the requests of his Prelates Earls Barons assembled in His Parliament holden at Westminster in the â—8 year of his reign And hath ordained enacted and established certain Articles against all them that offend contrary to the points of the said Charters or any part of them or that in any wist transgress them in the form that ensueth viz. First of all That from henceforth the great Charter of the Liberties of England granted to all the Commonaltie of the Realm and the Charter of Forrest in like manner granted shall be observed kept maintained in every point in as ample wise as the King hath granted renued and confirmed them by this Chart. And that the Charter be delivered to every Sheriff of England under the Kings Seal to be read four times in the year before the people in the full County that is to wit the next County day after the Feast of S. Michael and the next County day after the Feast of the Circumcision and after Easter and after the Feast of S. John Baptist And for these two Charters to be firmly observed in every point and Article where before no remedy was at the Common Law there shall be chosen in every Shire Court by the Commonaltie of the same shire three substantial men Knights Justices of Oyer Term. or other lawfull wise and well disposed Persons to be Iustices which shall be assigned by the Kings Letters Patents under the great Seal to hear and determine without any other Writ but onely their Commission such plaints as shall be made upon all those that commit or offend against any point contained in the aforesaid Charters in the Shires where they be assigned as well in Franchises as without and as well for the Kings servants out of their places as for other And to hear the plaints from day to day without any delay and to determine them without allowing the delays which be at the Common Law And the same Knights shall have power to punish all such as shal be attainted of any Trespass done contrary to any point of the two said Charters where no remedy was before at the Common Law as before is said by Imprisonment or by Fine or by Amerciament according to the Trespass Nevertheless the King nor none of his Councel that made this Ordinance intend that by virtue hereof any of the foresaid Knights shall hold any manner of Plea by power for to admit any suit in such cases wherein there hath been remedy provided in times passed after the course of the Common Law by writ Nor also that the Common Law should be prejudiced nor the Ch. aforesaid in any point And the K. Willeth that if all three be not present or cannot at all times attend to do their Office in form aforesaid the King commandeth that two of them shall do it And it is Ordained that the Kings Sheriffs and Bailiffs shall be attendant to do the commandments of
in Countrey whereby he saith the Laws and the due execution thereof were disturbed the remainders of the Factions of the Spencers and others who in Edward the 2d. his time had made such Judges as had put all Laws out of all order so that this King being Edward the 3d. could not reform what had been deformed hitherto but now endeavoureth to do it by means of this Oath made in Parliament in the 18th year of his Reign and this Act made in the 20th If Kings endeavoured to perform their duties as this King did and Judges would not should not such Judges suffer as in this Kings time divers did If Kings and Judges contrary to their Oaths and Offices omit their duties as this Kings Father and his Judges did should not such Kings and Judges suffer for their defaults as he and they did If Kings and Bishops did lately neglect their duties contrary to their Oaths and Offices and were punished for their defaults why not such Judges as were the greater Delinquents for suffering them so to offend and more for consenting thereto And more than that when they advised the same If the secret Sacriledge of one Achan deserved Gods indignation against all his People of Israel until they discovered and punished him and his Offence What doth the manifest extortion a sin no less prohibited than Sacriledge of so many Achans merit of Gods Judgements against the whole Nation of England if they prosecute not or leave unpunished their Offences which are more than Extortions as Perjuries Forgeries Sacriledge it self and divers others spoken of before Judge O People Judge your selves O ye People least ye be Judged FINIS POST-SCRIPT IF it please the Parliament to require more proofs than common experience of the common breach of all the Common Law of England by our common Mercinary Judges they may cause Commissions in Eyer or other Oyers and Terminers to be issued to clear the matter by more particular evidences Eight Observable POINTS OF LAW Executable by Justices of the Peace in their Counties and Magistrates in their Corporations Necessary to be known to the COMMON PEOPLE 1. The choise of all Officers of Peace and Trust anciently in the People cōfirmed by Magna Chart. 1 COunties and Sheriffs Turns were ancient Courts in the time of King Arthur before And in the Turns were tried all Pleas of the Crown in the Counties all Common-Pleas under fourty shillings without Writ and above to any value with Writs according to the Law maxim Quod placita de Catallis debitis c. quae summam 40s attingunt vel excedunt secundùm legem consuetudinem Angliae sine brevi Regis placitari non debent See the Lord Coke upon the 35th Chap. of Magna Charta and upon the Stature of Gloucester fol. 310. 312. Hundreds and Court Burons have the same power and rights and neither Sheriffs nor Stewards are Judges but suiters onely fol. 312. And so all men were to have Law and Justice at home cheap and near and not to fetch it from Westminster far and dear And the Conservators otherwise called Guardians of the Peace before Magna Charta and since had all necessary power to govern their Counties in Peace and to execute all Laws conducing thereunto and to command the power of their Counties to assist them and were chosen as all other Officers of Peace and Trust were by their Counties as the Lord Coke affirmeth 2. This Mutuatus is usual in the Kings-Bench and Common-Pleas to fetch poor men not worth 40. s. from York or Cornwall to London for 5. s. debt or less and to Outlaw him in the Common-Pleas if he come not which example other Courts of Record follow too much 2. As Superiour Courts ought not to incroach upon Inferiour so the Inferiour ought not to defraud the Superiour of those causes that belong to them viz. Neither ought a man be sued in any Court of Record for debt not amounting to 40s by way of mutuatus and other lawless tricks dayly used by Attornies nor in any inferiour Court for debt of 40 shillings or exceeding by dividing it into Actions under 40 shillings In which cases the Defendant ought to be admitted to plead to the jurisdiction of the Court and to have a Prohibition to stay the suit see the Lord Coke upon the Stat. of Glouc. fol. 311. And all Courts were to dismiss all Actions entred without sufficient bail to prosecute answerable for costs and damages If non-suited or cast and not Jo. Do. and Rich. Ro. as is used See F. H. Just P. the Register and Fitz. H. Nat. brevium at large And no Court of Record was to proceed in any action of debt before the Plantiff swore his said debt to be 40s or more and his damage in trespass to be so much at least And if Battery that he was beaten indeed to his uncurable hurt to that value See the Stat. of Glouc. and the L. Coke upon it with his reason for the discontinuance of this practice 3. Doth not the denial of an Habeas Corpus to bring a prisoner before a Judge without Fees both to Judge and Attorney include the sale delay and deniall of Justice while the prisoner is unprovided to buy it 3. All the Kings Writs for the doing justice and right to all men freely and speedily without delay or denial ought to be granted and had freely at the Kings cost And justice ought to be done freely without sale fully without denial and speedily without delay whereby saith the Lord Coke it appeareth that justice must have three qualities viz. To be Free because nothing is more vile than what is venal Full and perfect that it may not halt And speedy because delay is a kind of denial See the L. Coke upon the Stat. of Marlbr chap. 80. Thus to have and do was the Common Law of England and the Liberties and Right of the People before Mag. Char. and saved unto them by it and the best Birth-right they ever had or can have whereby their Lands Goods Wives Children Bodies Lives Honours and Estimations ought to be protected from injuries See the L. C. upon the 29 38 c. of M. C. 4. All defaults offences of Sheriffs Coroners Escheatours c. inquirable and punishable by Justices of Peace 4. Therefore Magna Char. ought to be read and published to the People in all Cathedrals twice yearly And all breakers thereof are excommunicated ipso facto and so twice pronounced by two Acts of Parliament Tit. confirm excommengm t in Rast abridg fol. 65. and 148. And it ought to be read in full County in every shire four times yearly and all the breakers thereof inquired of there and further inquired of and punished by Fines Imprisonments c. by Justices in Eyre two of every Counties chusing whereby 12. or 14. may serve in circuits throughout England and Wales divided into six or seven Provinces as twelve did serve
for all England divided into six See and compare Rast abridg fol. 65. and Rog. Hoveden parte poster Annal. fol. 548. The not reading and publishing of Mag. Char. is the default partly of Sheriffs not requiring it partly of the Clerk of the Crown c. not sending it to them under Seal All defaults of Sheriffs c. are inquirable and punishable by Justices of Peace as Lamb. Fitz. H. Cromp. Dali c. affirm at large 5. Observe the peoples choice resumed by this Statute when the King presumed to make Justices of P. and under that specious Title to impower them first to affront and by degrees to suppress and at last to extinguish the larger power of Conservatours A Prerogative imposture devised by Lawyers for their own advantage when they got the King to confer this creation of Justices of Peace upon his Chancellours and Keepers to whom their creatures became obliged to subject all England to Westminster contrary to Mag. Char. 5. Justices in Eyre are discontinued long since and not onely for that they were interrupted and wearied out by the Prerogative Judges and Courts at Westminster by their Certioraries Corpus cum causa Errours and other Writs as the Lord Coke confesseth in his Exposition of the Stat. called Aâ—t super Chart. fol. 540. but also for that Justices of Assize Justices of Peace and all Oyers and Terminers by their Commissions and Magistrates of Corporations by their Charters were enabled sworn to hear and determine all Trespasses Contempts Oppressions and Misdemeanours according to the Laws and customs of England as appeareth in and by all Commissions of the Peace Oyers Terminers and Charters that have Oyer and Terminer and by the Stat. made for the first institution of Justices of Peace in the 18th year of Ed. 3d. in which year was also ordained the Oath of all Judges and Justices of Oyer and Terminer for the due execution of justice without sale delay or denial which the thrice reverend Judge Anthony Fitz Herb. admonisheth them that consider it and their duty to God and their Countrey not to break upon any conditions Nat. brevium fol. 240. d. but now the common practice is otherwise 6. Justices of Peace ought not to be seduced to transgress M. C. and the Petition of Right by any Stat. that contradicts them nor to lose the publike interest for any Prerogative usurpation but to re-assume their authority fro People to act as conservatours of the ancient peace and profit of the Common-wealth as in cases of Remitter men stand to their best Title 6. Any that Will ought to have Commissions of Oyer and Terminer for all Extortions Oppressions and Misdemeanours of Sheriffs Under sheriffs Escheatours Bayliffs Clerks and all other Officers See Cromp. Just Peace fol. 51.8 Fitz H. Nat. br fol. 112. d. And Justices of Peace and all other Commissioners that ought by their Commissions and Oaths to punish all such offences do not are no less than porjurers and the greatest malefactours of all other themselves Nor can any Writs of Certiorari Corpus cum causa Errour Supersedeas or putting out of Commission excuse or supercede them to finish their Judgements and Executions in all such causes brought in question before them See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3.14 and the 20. Ed. 3.1 and the Procedendo thereupon in Fitz. H. Na. Bre. fol. 240. where it is said They shall proceed to justice according to law notwithstanding any Letter Commandment Prohibition Writ Privy-Seal or Great Seal to the contrary And if any such things be granted by the King or any of his Judges or Coutrs such a Procedendo ought to be granted by the Keeper of the Broad Seal to countermand them and to command justice judgement and execution to be done even against the King much rather against Judges who under colour of Authority and justice delude and wrong Kings and People For saith the L. Coke upon the Stat. of Marlebridge cap. 5. there is no greater injustice than when under colour of Justice men are injured but Writs of Certiorari Corpus cum causa and Errour ought to be had and granted upon proof of malice partiality injustice or errour in matter committed by any inferiour Court but not upon suggestions or bare suppositions as is used See and compare therefore all the said Statutes in this case together with M. Dearhams Manuel p. 25. Nor by any Superiour Judges or Courts that are parties or concerned in the cause See the L. Coke upon Art super Chart. 7. These oppressions are daily committed by mercinary lawyers by colour of Statutes of their own devices against Mag. C. which Stat. ought to be repealed the longer execution thereof resisted by all or any necessary means 7. The granting of Writs or Commissions to do injustice by or to stay or delay justice where it is done or doing or to deny Writs or Commissions to cause or further justice to be done which always was and yet is the practice of the Prerogative Judges at Westminster not onely to cross interrupt Commissioners legally chosen in and by their Counties as Justices in Eyre were and such and all Justices of Peace and Officers of Trust and concernement in and to the Common-wealth still ought to be is the worst of all Oppressions and a general destruction of Law and People committed by colour of an usurped Authority as saith the L. Coke upon the Statute of Marlebr cap. 5. To prevent which his Lordship further saith It is lawful for the People to take up Arms or for Inferiour Judges to commit their Superiors and that before any Verdict or Judgement because they worthily loose the benefit of Law who intend to subvert it and Subordinate authority is more to be obeyed and assisted in the execution of Justice than the Supreamest to be indured to obstruct it All this and more is to be read in effect in the L. Cokes Exposition upon Art super Char. and the Stat. of Marlâ—br which if executed by Justices of Peace in their Counties and Magistrates in their Corporations would soon regulate abuses settle Peace and much inable the State and Common-wealth to pay publike debts and relieve distressed Souldiers For it is Law it self as virtue it selfe invirtuateth dignifieth and authorizeth her true servants to execute her precepts and confoundeth expulseth and turneth out of her service all her unjust Stewards and underminers As Jacob and David were preferred before their elder brethren and Saul Jeroboam c. were confounded by and for their own Apostacies As in all these cases c. all Justices of Peace should be carefull to observe their Oaths and perform their duties to the Common-wealth whereof they are eminent members So no doubt the Freemen of England would be ready to assist them in the regaining and preservation of their ancient Birth-rights Laws and Liberties Deus Faxit 8. Under the Titles of Trespases Contempts Oppressions