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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A40946 Pluto furens & vinctus, or, The raging devil bound a modern farse / Per Philocomicum. Carr, William.; Fitton, Alexander, Sir, d. 1699. 1669 (1669) Wing F4A; ESTC R9119 31,531 69

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intendeth by the grace of God to send over the ●…a a great Army trusting thereby not only to preserve this his Realm in its ancient ●ante and honour etc. Howbeit many times by the inordinate covetousness of Captains retained with Princes afore this time Great part of the number of Souldiers for whom such Captains have indented with Princes at time of need have lacked of the number of Souldiers whereby great jeopardy hath insued inrecuperable damages may insue if remedy therefore be not seen and had Be it therefore ordained by Authority of this present Parliament That if any Captain be retained or hereafter shall be to serve the King upon the Sea or beyond the Sea or in feat of War which have not his or their whole and perfect number of Men and Souldiers according as he shall bee retained with the King or give not them their full wages without abridgement as he shall receive of the King for them he shall for such default forfeit to the King all his goods and Chattels and his body to the prison and that every Captain and petit Captain and all other having under them retinue of Souldiers at the Kings wages shall upon the pain aforesaid pay to the retinue of the Souldiers and every of them tho wages rateably as is allowed unto them by the King our Soveraign Lord or the Treasurer of his Wars without lessing or withdrawing any part thereof c. The Statute of Anno septimo H 7. cap. 1. is also very strict against your Highness but Sir I will read one Statute more to this particular Anno secundo tertio Edwardi sext Cap. 2. And be it also Enacted by the Authority aforesaid That if any Captain or any other before named having the Order of any number of Souldiers serving as is aforesaid upon the Sea or Land do at any time after the first day of April demand receive or take of the Kings Highness or any of his Treasurers any wages for any more Souldiers then served in such manner and form as the wages was paid for sr for any more days then such Souldiers served and do not note the day of every Souldiers entry into wages and day of his death and departure and deliver the same in writing to such Treasurers as shall pay the wages c. Pluto Hold this is worse and worse Pract. Give me leave to read but one Statute more and that is against sending Children to be bred beyond Sea in Papist houses Anno tertio Caroli Regis cap. 2. Forasmuch as divers ill-affected persons to the true Religion established within this Realm have sent their Children into forraign parts to be bred up in Popery c. Be it Enacted etc. That in case that any person or persons under the obedience of the King his Heirs and Successors at any time after the end of this Session of Parliament shall pass or go or shall convey or send or cause to be sent or conveyed any Child or other person out of any of the Kings Dominions into any the parts beyond the Seas out of the Kings Obedience to the intent and purpose to enter into or be resident or trained up in any Priory Abbey Nunnery Popish Vniversity Colledge or School or House of Iesuites Priests or in any private Popish Family and shall be there by any Iesuite Seminary Priest Friar Monk or other Popish Person instructed c. being thereof lawfully convicted in or upon any Information Presentment or Indictment as aforesaid shall be distnabled from thenceforth to sue or use any Action Bill Plaint or Information in course of Law or to prosecute any suit in any Court of Equity or to be committed to any Ward or Executor or Administrator or any person capable of any Legacy or Deed of Gift or to bear any Office within the Realm and shall lose and forfeit all his Goods and Chattels and shall forfeit all his Lands Tenements and Hereditaments Rents Annuities Offices and Estates of Free-hold for and during his natural life c. Pluto Read no further I am guilty of all these Statutes and many more and therefore Proserpine I will immediately make my Will Call the Ordinary he hath a rare faculty in making Wills in Paper to last seventeen years in the lining of a Doublet Pract. I have not half done give me leave to read all Pluto Read all and be damn'd Pract. Hen. 3. Anno 9. cap. 30. Magna Charta runs thus No Freeman shall be taken or imprisoned or be disseised of his Freehold or Liberties or Free Customs or be outlawed or exiled or any otherwise distroyed nor we will not pass upon him nor condemn him but by lawful Iudgement of his Peers or by the Law of the Land we will s●ll to no man we will not deny or deferre to any man either Iustice or Right Pluto Read no further of that which is next Pract. The next is the Learned Conference in Caroli primo between the Lords and Commons concerning the Great Liberties of the Commons Pluto Prithee read but when you come to Latine English it as you go because of Sir Edward and my Self All the Stage being cleared Enters Pluto Sir Edward Lack Latine Bishop Post Practice and Instrument POst Practice Sir I am not satisfied that your Highness should make your will yet for Sir Edward and I have lately consulted and fain would be at the other touch Sir Edw. Right I am resolved to venter my Neck after my Ears 't is but a venture and now you have money good stood store you do not know but Coffophilo may either die or be tired out for want of money Pluto Well let me hear which way now Gentlemen how many Actions is now against him and how many have been tryed Practice We have tryed in all seventeen and there yet remains five more Pluto How many hath he cast us in Sir Edw. All. Bishop I am for no more Tryals till my Trial be over for my Perjury Instrum Bishop let me tell you your Parishioners are now totally your enemies since they heard you was such a Knave to plead the Ingagement in Barre to a poor Cavalier-Minister that sued you in the late Times for money his name was Green a poor sequestered Minister whose Conscience was not free to take the Ingagement and thus the poor Gentleman lost his suit Your Wife may well be mad if half be true as I was told by one of your Parish the child sent in the basket Pluto Hold no more Enter Shackells with a Note from Pluto's Council Shackel SIr pray read this Pluto What is 't Shackel Shackel 'T is Latine Pluto Read it Sir Edw. Lack-Lat Practice give it me Carol. secund Dei gratia How what this attach the body of Pluto Pluto O me Good Behaviour I am a Peer Instrum I there is not the Peer of your Highness now what 's to be done Pluto Did not Proserpine tell us that Magna Charta cared no shore for a Great man
King upon an Indictment of Murder he shall be Tryed by his Peers that is Nobles but if he be appealed of Murder by a Subject his Tryal shall be by an ordinary Jury of Twelve Free-holders as appeareth in 10. E. 4. 6. 33. H. 8. Brook titl Tryals 142. Stamford Pleas of the Crown lib. 3. cap. 1 folio 152. And in the 10. E. 4. it is said such is the meaning of Magna Charta by the same reason therefore as per judicium parium suorum extends to the King's Suit so shall these words per Legem Terrae And in 8. E. 2. Rot. Parliament memb 7. There is a Petition that a Writt under the Privy Seal went to the Guardians of the great Seal to cause Lands to be seized into the King's hands By force of which there went a Writt out of the Chancery to the Escheater to seize against the form of the grand Charter that the King nor his Ministers shall out no man of Free-hold without reasonable Judgement and the party was restored to his Land which sheweth the Statute did extend to the King There was no invasion upon this personal Liberty till the time of King Edward the Third which was eftsoons resented by the Subjects for in 5 Edw. 3. cap. 9. it is ordained in these words It is Enacted That no man from henceforth shall be attached by any accusation nor forejudged of life or limb nor his lands tenements goods nor chattels seised into the Kings hands against the form of the grrat Charter and the Law of the Land 25 E. 3. cap. 4. Is more full and doth expound the words of the grand Charter And thus Whereas it is contained in the great Charter of the Franchises of England that none shall be imprisoned nor put out of his Freehold nor of his Franchises nor Free Custom unless it be by the Law of the Land 〈◊〉 is accorded assented and established That from henceforth none shall be taken by petition or suggestion made to our Lord the King or to his Council unless it be by Indictment or Presentment of his good and lawful people of the same Neighbourhood where such deeds be done in due manner or by process made by Writ Original at the Common Law nor that none be out of his Franchises nor of his Free-holds unless he be duly brought in answer and forejudged of the same by the course of the Law And if any thing be done against the same it shall be redressed and holden for none Out of this Statute I observe that what in Magna Charta and the Preamble of the Statute is termed by the Law of the Land is in the body of this Act expounded to be by process made by Writ Original at the Common Law which is a plain interpretation of the words Law of the Land in the g●and Charter And I note that this law was made upon the Commitment of divers to the Tower no man yet knoweth for what 28 E. 3. cap. 3. is yet more direct this Liberty being followed with fresh suit by the Subject where the words are not many but very full and significant That no man of estate or condition that he be shall be put out of his lands nor tenement nor taken nor imprisoned nor disherited nor put to death without he be brought in answer by due process of the Law Here your Lordships see the usual words of the law of the land are rendered by due process of the Law 36 E. 3. Rot. Parl. n. 9. Amongst the Petitions of the Commons one of them being translated into English out of French is thus First That the great Charter and the Charter of the Forrest and the other Statutes made in his time and in the time of his Progenitors for the profit of him and his Commonalty be well and firmly kept and put in due execution without putting disturbance or making arrest contrary to them by special command or in other manner The Answer to the Petition which makes it an Act of Parliament is Our Lord the King by the assent of the Prelates Dukes Earls Barons and the Commonalty hath ordained and established That the said Charters and Statutes be held and put in execution according to the said Petition It is observable that the statutes were to be put in execution according to the said Petition which is that no arrest should be made contrary to the statutes by special command This concludes the question and is of as great force as if it were Printed for the Parliament Roll is the true warrant of an Act and many are omitted out of the Books that are extant 36 E. 3. Rot. Parl. n. 20. explaineth it further for there the Petition is Item As it is contained in the Grand Charter and other Statutes that no man be taken nor imprisoned by special Command without Indictment or other due process to be made by the Law and oftentimes it hath been and yet is that many are hindered taken and imprisoned without Indictment or other process made by the Law upon them as well of things done out of the Forrest of the King as for other things that it would please our said Lord to command those to be delivered which are so taken by special Command against the form of the Charters and Statutes aforesaid The Answer is The King is pleased That if any man find himself agrieved that he come and make his complaint and right shall be done unto him 42 E. 3. cap. 18. agreeth in substance when it saith Though that it be contained in the Great Charter that no man be taken nor imprisoned nor put out of his Free-hold without process of the Law nevertheless divers people make false suggestion to the King himself as well for malice as otherwise whereof the King is often grieved and divers of the Realm put in damage against the form of the same Charter Wherefore it is ordained That all they which make suggestions wall be sent with the same suggestions before the Chancellor Treasurer and his grand Council aud that they there find Sureties to pursue their suggestions and incurre the same pain that the other should have had if he were attainted in case that his suggestion be found evil And that then process of the Law be made against them without being taken and imprisoned against the form of the said Charter and other Statutes Here the Law of the Land in the grand Charter is explained to be without process of the Law 37 E. cap. 3. At the request of the Commons by their Petitions put forth in this Parliament To eschew mischief and damage done to divers of the Commons by false accusers which oftentimes have made their accusation more for revenge and singular benefit than for the profit of the King or of his people which accused persons some have been taken and sometime caused to come before the Kings Council by Writ and otherwise upon grievous pain against the Law It is assented and accorded for the