Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	knight_n	sir_n	thomas_n	12,947	5	9.6515	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88231	The peoples prerogative and priviledges, asserted and vindicated, (against all tyranny whatsoever.) By law and reason. Being a collection of the marrow and soule of Magna Charta, and of all the most principall statutes made ever since to this present yeare, 1647. For the preservation of the peoples liberties and properties. With cleare proofs and demonstrations, that now their lawes and liberties are nigher subvertion, then they were when they first began to fight for them, by a present swaying powerfull faction, amongst the Lords, Commons, and Army, ... so that perfect vassalage and slavery (by force of armes) in the nature of Turkish janisaries, or the regiments of the guards of France, is likely (to perpetuitie) to be setled, if the people doe not speedily look about them, and act vigorusly for the preventing of it. / Compiled by Lievt. Col. John Lilburne, prerogative prisoner in the Tower of London, and published by him for the instruction, information and benefit of all true hearted English-men.	Lilburne, John, 1614?-1657.	1648 (1648)	Wing L2153; Thomason E427_4; ESTC R202741	121,715	88

effect of any Statute made and not repealed c. by colour of which Act of Parliament shalling saith he this fundamentall law viz. the 29. Chapter of Magna Charta it is not credible what horrible oppressions and exactions to the undoing of infinite numbers of people were committed by them for which though I cannot read they shot any man to death and though they had an expresse Act of Parliament to beare them out abundantly lesse questionable then an Ordinance for exercising Marshal Law they were both indicted of high treason both by the Common Law and Act of Parliament * * See 2. part Instit fol. 51. 4. part fol. 41. 196. 197. but especially read their Jndictment virbatim set down ibid. fo 198 199. and in the 2. yeare of Henry 8. they both lost their heads Therefore from all the premises by way of conclusion I draw up this protestation against you that by the lawes and constitutions of this Kingdome you have not the least Iudicative power in the world over me therefore I cannot in the least give you any Honour Reverence or Respect either in word action or gesture and if you by force and compulsion compell me againe to come before you I must and will by Gods assistance keep on my hat and look upon you as acompany of Murderers Robbers and Theives and doe the best I can to raise the Hue and Cry of the Kingdome against you as a company of such lawlesse persons and therefore if there be any Honour Honesty and Conscience in you I require you as a free borne English man to doe me justice and right by a formall dismissing of me and give me just reparation for my moneths unjust imprisonment by you and for that losse of credit I have sustained thereby that so things may goe no further or else you will compell and necessitate me to study all wayes and means in the world to procure satisfaction from you and if you have any thing to lay to my Charge J am as an English man ready to answer you at the common Law of England and in the meane time J shall subscribe my self Your servant in your faithfull discharge of your duty to your Masters the Commons of England that pay you your wages William Thompson From my arbitrary and most illegall imprisonment in Windsore this 14. Decem. 1647. The forementioned Letter thus followeth To his Excellency Sir Thomas Fairfax Knight Captaine-Generall of the Forces in the Nation for Importiall Justice and Libertie these present May it please your Excellency I Here present unto you a Declaration and Protestation against the illegall and unjust proceedings of your Councell of Warre against me I being a free Commoner of England as in the presence of the just God before whose Tribunall both you and I shall stand to give an account of all ungodly deeds committed against him And so I rest Your Excellencies servant if you are a true servant to the most excellent God for justice and righteousnesse in the earth without respect of persons William Thompson Decemb. 14. 1647. The Petition thus followeth To the right Honourable his Excellency Sir Thomas Fairfax Knight Captain Generall of all the forces raised in the Kingdome of England The humble Petition of some of your Excellencies Officers and Soldiers being under the custodie of the Marshall Generall Sheweth THat whereas there are misrepresentations of the intentions of the late Agents of the Army and their adherents by men of corrupt minds who would make all the end of your own and your Armies noble and valiant Atchievements under the power of God fruitlesse and would destroy justice and righteousnesse from amongst men and in stead of common good and equal distribution of justice would advance a particular selfish interest to accomplish their unworthy selfish ends amongst many other scandals cast upon the late Agents they have blazed abroad that they intended to murther the King and that one of them should affirm it was lawfull And whereas this was reported by one Lievt Col. Henry Lilburne it being altogether most abominable in our eyes and detracts from the purity and righteousnesse of our Principles tending only to make us odious to the people for whose good alone we have run not only all former but also these late hazzards We therefore desire that the said Lievt Col. Henry Lilburne may be speedily sent for to testifie upon Oath as in the presence of God who used those words where those words were used and when and what in particular the words were That so such a person may come under a publique cognizance and your Excellencies faithfull servants and souldiers may free themselves and others from such aspertions And your Petitioners shall ever pray c. Will. Eyers Will. Bray Will. Prior Iohn Wood. George Hassell Will. Everrard Iohn Crosseman Tho. Beverly Will. Thompson Commoner The forementioned plea of Iohn Crosseman which with his own hands he delivered to the Generall himself thus foloweth TO HIS EXCELLENCY SIR THOMAS FAIRFAX AND ALL his Officers that pretend to be Executors of Martiall Law May it please your Excellency I Was convened the 16. December last before certaine of your Officers that pretendedly called themselves a Court Marshall who attempted to try me by Marshall Law for certaine pretended crimes specified in a paper by way of Articles exhibited by a namelesse prosecuter 20. dayes after I was a prisoner only the said Articles were signed by Henry Whaley who calls himself Iudge Advocate And the same day and time unto the said Officers I delivered in a paper under my hand intituled John Crosseman his Plea against the proceedings of the Generall Officers to punish him by Marshall Law And after much debate by the said Officers upon the said Plea the said Officers seemed to be unsatisfied with it and therefore gave me time till this present Munday the 20. day Decemb. 1647. to consider with my self whether J would stand unto the said plea or give in any other answer Having thereupon largely considered with my self upon the ends of our late taking up Armes I can in my own conscience judge them to be no other but for the destruction of all arbitrary tyrannicall power in whomsoever the preservation of our Lawes and Liberties and the punishment of all those that have endeavoured the destruction of them And having since the delivery of the said plea read the Petition of Right from end to end And William Thompsons plea delivered to your Excellency c. upon the 14. Decemb. 1647. now in print intituled Englands Freedome Souldiers Rights † † Which you may read before pag. 1 2 3 45 46 47 48 49 50 51. upon the deep and weighty consideration of all which J am compelled out of the sense of avoyding the being too justly esteemed by all understanding rationall men a traytor and subverter of the Lawes and liberties of England to stand unto my said Plea without any further answer then this

in Hillary Tearm Anno 16. Caroli Regis after a verdict obtained a Iudgement in his Maiesties Court of Kings Bench of 7000. l. debt and 7. l. 12. d. dammages against Thomas Wright who afterwards was charged in execution for the same in the custodie of Sir Iohn Lenthall Knight then and yet Marshal of the said Court and the said Wright being so in execution for Composition offered your Petitioner above 2000. l. and security for the residue of the said debt all the same appearing to be true by Records and by proceedings in Chancery under the Great Seale of England but before any part thereof satisfied the said Sir Iohn Lenthall suffered the said Wright to escape out of Execution Your Petitioner therefore in Hillary Terme 17. Caroli Regis Ten dayes before the end of that Terme caused an action of debt to be brought for the said 7007. li. 12 d. at your Petitioners suit for the said escape and then filed a declaration against the said Sir Iohn Lenthall for the same But the said Sir Iohn to deprive your petitioner of the said debt and all remedie for the same 10 Trin. 18. Caroli Regis notwithstanding your Petitioner had severall Rules against Sir Iohn Lenthall for judgement upon his declaration so filed in Hillary 17. He the said Sir Iohn Lenthall procured an Order to be made by Sir Iohn Brampston Knight and Sir Thomas Mallet Knight in open Court that your petitioners Declaration filed in Hillary 17. should be filed as of Easter Tearme the 18. contrary to justice the law of this Kingdom the libertie of the Subjuct and the rules of the said Court as your petitioner is advised And for that your petitioners being so advised that the said Order doth utterly barre your petitioner of his said debt Your Petitioner severall times publiquely in Court and otherwise moved the Iudges to alter the same but could not prevaile as appeareth by the Order of the said Court and for that that notwithstanding your petitioner earnest solicitation for his judgement due by the rules of the said Court for the space of above foure yeares together and his great expence after 15. Orders made in the said Court the now Iudges of the said Court Mr. Iustice Bacon and Mr. Iustice Roll hath confirmed the same as appeareth by an Order by them made per Hillar 22. Caroli Regis now readie to be shewed In tender consideration of the premises that your petitioner according to the Law filed his declaration in Hillary 17. when the prisoner was escaped and at liberty and for that the said Iudges Order contrary to Law barreth your petitioner from prosecuting upon that declaration and bindeth your petitioner to file his declaration as of Easter terme 18. Caroli when the said Marshall aleadged that he had retaken the said prisoner again and that he was dead and that your petitioners debt is destroyed by the said Iudges Order to your petitioners dammage above 10000 l. And for that other debts may be destroyed by the like If men be barr'd from the benefit of their just Records duly fil'd as the petitioner is contrary to the Lawes of the Kingdome and the libertie of the Subiect which appeares to be done in this Cause by the Orders themselves Your Petitioner humbly craveth releife according to his damages And your Petitioner shall pray Henry Moore Which petition the said Moore delivered to Col. Henry Martin and divers other Parliament men but can not so much as get his petition read in † Jt is worth the taking notice the Speaker is Sir John Lenthalls brother and it is almost grown to a common proverb in England that Parliament mens neer Allyes as well as themselves are above the reach of all law and justice which I am sure if they look not speedily well about them will destroy them every man the House upon whom he hath long attended and still waiteth most earnestly and deplorably cryeth out to be releived from this intollerable oppression by which the said Moore is damnified as in his printed complaints to the House he declares above ten thousand pound to the hazzard of his utter ruine Now I shal here crave the liberty to insert the epittomy of my own cruel barbarous sufferings with this desire to al that reads it seriously to consider that what hath befaln me by the cruell tyrany of by past Tyrants and oppressors if not strongly remedied and repaired may for future be incouragement for the present Tyrants to inflict when they dare for fear of being dismounted the like if not worse upon the first Nown-Substantive Englishman that shall resolutely stand in their way * And it is the clearest demonstration to me in the world that the present men in power alwayes intended to walk in the oppressive tyranous ways of the Star-chamber High commission councel board in that they have done no man effective iustice or right that suffered by them least their own Acts should be binding presidents to pay their own Acts should be binding Presidents to pay themselves by in future times The summe of what I have here to insert I shall lay down in the very words that J delivered in print to the Members of the House of Commons at the House doore the 23. Novemb. last which thus followeth A new complaint of an old grievance made by Lievt Col. Iohn Lilburne Prerogative prisoner in the Tower of London Novemb. 23. 1647. To every Individuall Member of the Honourable House of Commons SIR MY exceeding urgent necessities and my extraordinary sufferings by your neglect in doing me justice and right according to your many oaths and declarations presseth me above measure still to play the part of the poore importunate widdow mentioned in the Gospel and to resolve whatever befalls 〈◊〉 never to give over till I have attained her end viz. Iustice You may please truly to take notice and the rather because many of you are new Members that in the year 1637. and 1638. I suffered a most barbarous sentence by the Star Chamber occasioned by two false oaths sworne against me by Edmond Chillington † † The substance of which with my defence against them in open Star Chamber and when I stood upon the Pillory at Westminster you may largely read in the relation of my first sufferings called The Christian mans tryall reprinted by Will. Larner 1641. now dwelling at the black boy within Bishops-Gate now a Lievtenant under Col. Whaly and by my refusing to answer interrogatories against my self in executing of which sentence the 18. of April 1638. I was tyed to a Car●● tayle at Fleet bridge and whipt through the streets to Westminster and had given me above the number of 500. stripes with a threefold knotted corded whip the weeles made in my back thereby being bigger then Tobacco pipes c. And set two houres upon the Pillory bare head in an extraordinary hot day and a gag put into my mouth above an houre to

this collectio abroad I shall draw towards a conclusion and let my Country men here reape the benefit of the answer I sent to the querys of some of my friends mentioned in the Epistle Dedicatory which was the originall and principall occasion of my compiling this book which thus followeth By the statute of Westminster the first made in the 3. of Edward 1. chap. 26. which you may reade verbatim in the 7. page of the following collection their are no fees due from any free man of England to any Officer of Iustice whatsoever but what they have immediatly from the publique treasure of the Kingdom for ther sallories or wages and it is aginst a Iudges Oath to take any whose oath you may at large read in the 10. page following read also that remarkable page in the merror of Iustice pag. 258. 233. for the proof of this but especially read the marginall notes in the 69. page following and he that exacts any shal by the formencioned statue pay back again twice as much c. but it is true by some latter statues as the 23. Hen. 6. chap. 10. which you may reade verbatim in the 18.19 following pages and 33. Hen. 6.12 and 21. Hen. 7.17 c. there are some small fees to be paid And also Sir Edward Cook in the 1. part of his institutes lib. 3. chap. 13. sect 70. fol. 368. saith such reasonable fees as have been allowed by the Courts of justice of an ancient time to inferior ministers and attendants of Courts for their labour and at●tendance if it be asked and taken of the subject it is no extortion But there is none at all due for entring and recording of apperance nor for the removing upon a Certionary But against Sir Edward Cooks opinion in this particular I offer this to consideration that by the Petition of right the King himselfe with all his Lords cannot justifiably lay a penny upon nor take a penny from the meanest man in England without common consent in Parliament and if the King c. the greater cannot doe it then undeniably the Iudges or justices the lesser can much lesse doe it And besides by the same right that under pretence of dues or fees by their arbitrary wills and pleasures they take one farthing from you or me they may take a penny yea a shilling ye a pound yea a thousand pound and so ad infinitum and so Levell and destroy al properrity of meum tuum see for the power of an act of Parliament the notable arguments of Iudg Hutton Iudg Crooke in the case of ship-money but especialy the Parliaments votes annexed to those arguments for which very thing divers of the Iudges in the case of ship-money were this very Parliament impeached of Treason and the Bishops for makeing their cannons by the Kings single authority to binde their Cleargies pursses without authority of Parliament were for that and the like defunct of all their power † † See Mr. Nat. Fines his notable speech against the Bishops Cannons made 1640 and printed in a book called Speeches and passages prsnted for Will-Crook at Furnivals Inne gate in Holborne 1641. page 49. 50. 51. and the house of Commons vote Dec. 15. 1640. ibim page 328. and the statute made this Parliament that abolished Eccelesiasticall Iurisdiction 2. The presentment is often brought in English but it it must be entred and recorded in lattin by the statute of the ●6 Ed. 3. 15. which you may reade in the 12. following page and no processe is to be awarded but af the presentment is entred and recorded in lattin the presentment must mention the offence and so must the writ or processe as clearly appeares in the last foremencioned most notable and remarkable statute see also Sir Edward Cooks second part instituts upon the 29. chap of Magna Charta fol. 51. 52. 53. see Vox plebis page 37 and the merror of Iustice chap. 5. sect 1. division 98. page 238 nay the last author in his 233 page division 71. saith that it is abuse of the Common Law that any plaint is received to be heard without sureties present to testifie the plaint to be true 3. The Iustices siting upon the bench may verbally commit a man for an offence lying under their cognizance but there must be a Mittitur or Commitment entred upon Record See the 14. Henry 7. fol 8. in Sir Thomas Greenes case See also the 70. page of the following discourse 4. The Iustices of peace cannot continue a man bound above two or three Sessions at most and if they continue him more they may aswell continue him for thirteen and so for thirteen score for it is a vexation and the Law gives him remedie by an action of the case against the Iustices wherein they shall be sined to the King for the vexation and pay damages to the partie Plaintiffe 5. An Indictment for extortion must be in the proper County before the Iustices of Oyer and Terminer or Iustices of the peace 6. Vpon an arrest the Officer must declare at whose suit for what and what returne the processe hath see the Countesse of Rutlands case of arrest in the sixt part of Cookes Reports 7. For a Plea against an Indictment for not comming to Church to heare Common Prayer c. It is framed to your hand in the 20 21 22 ●3 pages of my large Epistle to Col. Henry Martin of the 31. of May 1647. called Rash Oaths to which I referre you 8. Thou go you be committed justly and legally be sure as soon as you are committed if possible you can proffer legall Baile in person to those that commit you but for this I wholly referee the Reader to the 70 71 72. pages of the following discourse in which I have given some directions to my Country men how to guide themselves by the rules of the Law of England in all ordinary molestations that can befall them by Knaves malicious men or Tyrants saving in the point of panniling of Iuries upon them in case they come to any triall for their lives c. and for that point I doe wholly referre the Reader to the 24 25 26. pages of my notable book called the Resolved mans resolution where also the cheats and illegallities of Committees procedings are anotamised and to the 1. part of Sir Edward Cooks Inst lib. 2. chap. 12. Sect. 234 fo 156 157 and his 3. part fo 32. 33. My labours herein I desi●e may find a courteous acceptation at the hands of my oppressed friends and Country-men and I have my reward and shall therein reioyce and be incouraged for the future improvement of my poore talent to doe them further service Iohn Lilburne From my causelesse captivitie in the Tower of London upon a now account this 17 of Feb. 1647. For upon the 19. of Ian. last the House of Commons committed me to prison as their prisoner for treasonable and seditious practises against the state And

Chap. 3. The said Charters shall be read in Cathedrall Churches twice in the yeare ANd we will that the same Charters shall be sent under our Seale to Cathedrall Churches throughout our Ralme there to remain and shall be read before the people two times by the yeare 28. Ed. 3. 1. Chap 4. Excommunication shall be pronounced against the breakers of the said charters ANd that all Arch Bishops and Bishops shall pronounce the sentence of Excommunication against all those that by word deed or councell doe contrary to the foresaid Charters or that in any point break or undoe them And that the said curses be twice a yeare denounced and published by the Prelates aforesaid And if the same Prelates or any of them be remisse in the denunciation of the said sentences the Arch Bishops of Canterbury and Yorke for the time being shall compell and distrain them to the execution of their dutyes in forme aforesaid The 28. of Edward the 1. Chap. 1. fol. 80. A confirmation of the great Charter and the Charter of the Forest THat is to say That from henceforth the great Charter of the Liberties of England granted to all the Commonalty of the Realme and the Charter of the Forest in like manner granted shall be observed kept and maintained in every point in as ample wise as the King hath granted renewed and confirmed them by his Charters And that the Charters be delivered to every Sheriffe of England under the Kings Scale to be read foure times in the yeare before the people in the full County that is to wit the next County day after the Feast of St. Michael and the next County day after Christmas and at the next County after Easter and at the next County after the Feast of St. Iohn And for these two Charters to be firmely observed in every point and article where before no remedy * * Chap. 8. and 13. was at the Common Law there shall be chosen in every Shire Court by the Commonalty of the same Shire three substantiall Men Knights or other lawfull wise and well disposed persons which shall be Iustices sworne and assigned by the Kings Letters Patents under the great Scale to heare and determine without any other Writ but only their Commission such Plaints as shall be made upon all those that commit or offend against any Point contained in the foresaid Charters in the Shires where they be assigned as well within Franchises as without And as well for the Kings Officers out of their places as for other and to heare the Plaints from day to day without any delay and to determine them without allowing the delayes which be allowed by the Common Law And the same Knights shall have power to punish all such as shall be attainted of any Trespasse done contrary to any point of the foresaid Charters where no remedy was before by the Common Law as before is said by Imprisonment or by ransome or by Amerciament according to the Trespasse c. The 28 of Edward the 1. Chap. 8. fol. 83. The Inhabitants of every County shall make choise of their Sheriffes being not of Fee Stat. 9. E. 2. Stat. 14 E. 3. 7. 28. Ed. 1. 1. THe King hath granted unto his people that they shall have election of their Sheriffes in every Shire where the Shrivalty is not of fee if they lift Chap. 13. The 28. of Edward the 1. Chap. 13. fol. 83. What sort of persons the Commons of Shires shall chuse for their Sheriffes ANd for as much as the King hath granted the election of Sheriffes to the Commons of the Shire the King will that they shall chuse such Sheriffes that shall not charge them and that they shall not put any Officer in authority for rewards or bribes And such as shall not lodge too oft in one place nor with poore persons or men of religion St. 9. E. 2. The Statute of Sherifes The 34. Edward the 1. Chap 4. fol. 91. All Lawes Liberties and Customes confirmed WE will and grant for us and our heires that all Clerkes and lay men of our land shall have their lawes liberties and free Customes as largely and wholly as they have used to have the same at any time when they had them best And if any Statutes have been made by us or our ancestors or any customes brought in contrary to them or any manner article contained in this present Charter we will and grant that such manner of statutes and customes shall be void and frustrate for evermore The 34. of Edward the 3. Chap. 6 fol. 92. The curse of the Church shall be pronounced against the breakers of this Charter ANd for the more assurance of this thing we will and grant that all Arch Bishops and Bishops for ever shall read this present Charter in their Cathedrall Churches twice in the year and upon the reading hereof in every of their Parish Churches shall openly denounce accursed all those that willingly doe procure to be done any thing contrary to the tenour force and effect of this present Charter in any point and article In witnesse of which thing we have set our Scale to this present Charter together with the Seales of the Arch Bishops Bishops c. which voluntarily have sworn that as much as in them is they shall observe the tenour of this present Charter in all causes and articles and shall extend their faithfull aid to the keeping thereof c. The 1. of Edward the 3. Chap. 5. fol. 115. None shall be compelled to goe to war out of the Shire where he dwelleth But c. ITem the King will that no man from henceforth shall be charged to arme himself otherwise then he was wont in the time of his progenitors Kings of England And that no man be compelled to goe out of his shire but where necessity requireth and suddain comming of strange enemies into the Realme And then it shall be done as hath been used in times past for the defence of the Realme St. 15. Ed. 3. 7. St. 4. H. 4. 13. 25. Ed. 3. 8. The 2. Edward the 3. Chap. 8. fol. 118. No commandement under the Kings seale shall disturb or delay justice ITem it is accorded and established that it shall not be commanded by the great Seale nor the little Seale to disturb or delay common right and that though such commandements do come he Iustices shall not therefore leave to doe right in any point St. 9. H. 3. 29. St. 5. Ed. 3. 9. St. 14. Ed. 3.14 The 4. of Edward the 3. Chap. 2. fol. 120. The authority of Justices of Assise Gaole delivery and if the peace ITem it is ordained that good and discreet persons other then of the places if they may be found sufficient shall be assigned in all the Shires of England to take Assises Iuries and certifications and deliver the Gaoles And that the said Iustices shall take the Assises Iuries and certifications and deliver the Gaols at the least three

resident within the Shire where they shall be chosen the day of the date of the Writ of the summons of the Parliament And that the Kni●hts and Esquires and other which shall be choosers of those Knights of the Shires be also resident within the same Shires in manner and forme as is aforesaid Rast pl. fo 446. And moreover it is ordained and established that the Citizens and Burgesses of the Cities and Boroughs be chosen men Citizens and Burgesses resiant dwelling and free of the same cities and boroughs and no other in any wise 7. H. 4. 15. 8 H. 6. 7. 10. H. 6. 2. 23. H. ● 15. The 2. of Henry 5. Chap. 1. and 3. fol. 282. What sort of men shall be Iustices of the Peace FIrst that the Iustices of the peace from henceforth to be made within the Counties of England shall be made of most sufficient persons dwelling in the same counties by the advice of the Chancellor and of the Kings Councell without taking other persons dwelling in forain Counties to execute such office except the Lords and Iustices of Assises now named and to be named by the King and his Councell 1. Ed. 3. 16. 34. Ed. 3. 1. And except all the Kings chiefe Stewarde of the Land and Seigniories of the Duchie of Lancaster in the North parts and in the South for the time being 13. R. 2. 7. Chap. 3. Of what estate those Iurors must be which are to passe touching the life of man plea reall to forty markes damages ITem the King considering the great mischiefes and disherisons which daily happen through all the realm of England as well in case of death of a man as in case of freehold and in other cases by them which passe in enquests in the said cases which be common Iurors and other that have for little to live upon but by such inquests and which have nothing to loose because of their false oaths whereby they offend their conscience the more largely and willing thereof to have correction and amendment 2. H. 7. fo 13. 10. H. 7. fo 14. 9. H. 5. fo 5. 10. H. 6. fo 7. 8. 18. 7. H. 6. fo 44. Dyer fo 144 Cook Inst part 1. 272. a. Rast pl. fo 117. hath ordained and established by assent of the Lords and Commons aforesaid that no person shall be admitted to passe in any enquest upon tryall of the death of a man nor in any enquest betwixt party and party in plea reall nor in plea personall whereof the debt or the damage declared amount to forty marks if the same person have not Land or Tenements of the yearly value of forty shillings above all charges of the same so that it be challenged by the party that any such person so impanelled in the same cases hath not Lands or tenements of the yearly value of forty shillings above the charges as afore is said 28. Ed. 3. 13. 8. H. 6 29. The 8. of Henry the 6. Chap. 7. fol. 304. What sort of men shall be choosers and who shall be chosen Knights of the Parliament ITem Whereas the election of Knights of Shires to come to the Parliament of our Lord the King in many Counties of the Realm of England have now of late been made by very great outragious and excessive number of people dwelling within the same Counties of the Realm of England of the which most part was of people of small substance * * This is a Statute of bondage and lesse of liberty 1. H. 5. 1. 10. H. 6. 2. 6. H. 6. 4. 11. H. 4. 1. 23. H. 6. 15. Rast pla fo 440. and of no value whereof every of them pretended a voice equivalent as to such elections to be made with the most worthy Knights and Esquires dwelling within the same Counties whereby manslaughters riots batteries and divisions among the Gentlemen and other peoples of the same Counties shall very likely rise and be unlesse convenient and due remedy be provided in this behalf Our Lord the King considering the premisses hath provided ordained and established by authority of this present Parliament that the Knights of the Shires to be chosen within the same Realm of England to come to the Parliaments of our Lord the King hereafter to be holden shall be chosen in every County of the Realm of England by people dwelling and resident in the same Counties whereof every one of them shall have land or tenement to the value of forty shillings by the year at least above all charges and that they which shall be chosen shall be dwelling and resident within the same Counties And such as have the greatest number of them that may EXPEND FORTY SHILLINGS by yeare and above as afore is said shall be returned by the Sheriffes of every County Knights for Parliament by Indentures sealed betwixt the said Sheriffes and the said choosers so to be made And every Sheriffe of the Realm of England shall have power by the said authority to examine upon the Evangelists every such choos●● how much he may expend by the yeare And if any Sheriffes re●urn Knights to come to the Parliament contrary to the said Ordinance the Iustices of Assises in their Seasions of Assises shall have power by the authority aforesaid thereof to enquire And if by enquest the same he found before the Iustices and the Sheriffes thereof be duly attainted that then the said Sheriffe shall incura●● pain of an hundred pound to be paid to our Lord the King and also that he have imprisonment by a yeare without being le● to mainprise or baile And that the Knights for the Parliament returned contrary to the said Ordinance shall loose their wages 10. H. 6. 2. Provided alwayes that he which cannot expend forty shillings by yeare as afore is said shall in no wise be chooser of the Knights for the Parliament And that in every writ that shall hereafter goe forth to the Sheriffes to choose Knights for the Parliament mention be made of the said Ordinances The 18. of Henry the 6. Chap. 11. fol. 332. Of what yearely value in lands a Iustice of Peace ought to be ITem whereas by Statutes made in the time of the Kings noble Progenitors it was ordained that in every County of England Justices should be assigned of the most worthy of the same counties to keep the peace and to doe other things as in the same Statutes fully is contained 1. Ed. 3. 16 18. Ed. 3. 2. 13. R. 2. 7. 17. R. 2. 10. which Statutes notwithstanding now of late in many Counties of England the greatest number have been deputed and assigned which before this were not wont to be whereof some be of small behaviour by whom the people will not be governed nor ruled and some for their necessity doe great extortion and oppression upon the people whereof great inconveniences be likely to rise daily if the King therefore doe not provide remedy The King willing against such inconveniences to provide