Fayres and Markets to bee held in Capite when no other expresse tenure bee mentioned in his Majesties Letters-patents or grants of the same Fayres and Markets although the rent or yearely summe be reserved thereout The King grants Lands to be held in free and Common-soccage as of a Castle or Mannor by Letters-patents under the great Seale and by the same Letters-patents or by other Letters-patents grants a Fayre and Market reserving a yearly rent or summe without expressing any tenure as to the said Fayre or Market the said Fayre or Market is not held by knights-service in Capite or otherwise in Capite Copia vera Ex ' per Phil Fern Cleric Parl. Com. FINIS Faults escaped PAg. 9. l. 19. insteed of causes reade Cases p. 40. l. 6. for the reade their p. 44. l. 10. for wages reade wayes p. 56. l. 17. for best reade least p. 57 lin 18. for Rottoman reade Hotoman ibid. l. 21. for Master Sleyden say Selden p 61. l. 3. is omitted before that p. 63. l. 19. for strike r. stick p. 64. l. 14 for Primes case say Princes case p. 67 l ultima for Strata Marclad say Strata Marcella p. 68. l vlt. for here say there p 70 l 1 for sit say Litt. ibid. l 2 for give say gives p 70 l 22 for writ say writs p 72 l 1. for this the p 7â— l 23. for as say or p 86. for Willielmi Collet say Willielmus Collet p. 87 l 12 for Monopolites Monopolists p 88 l 8 for Cod. say C. p 93 l 19 for promissum est say provisum est p 94 l 2 for promissum say provisum p 97 l 21 for the say this p 109 l. 3 for Thornbow say Thorn borow pag 116. l. 7. for Placit. Com. say Plo. Com. ibid. l 19 for partes say parties p 121 l 7 non is omitted p 122 l vltim for relivuum say relevium Preamble to the questions 1. q. 1. rat 2. q. 2. rat 3. 4. q. 3. 4. ratio 5. 6. 7. q. 5. 6. 7. rat 8. q. 8. rat 9. q. 9. rat 10. quest 10. ratio 11. quest 11. ratio 12. q. 12. rat The second remembrancers certificate 1. Iunii 1641. 13 quest 13. ratio 14. quest 14. ratio 15. q. 15. rat 16. quest 16. ratio 17. quest 17. ratio 18. q. 18. rat 19. quest 19. rat 20. que 20. rat 21. quest 21. rat Hopperus de vera Iuris prudentia pag. 118. Lord Chancel Egerton de postnat fol. 17. â— ratio Poltons stat fol. 8. Atchi Tuâ—ris Lond. Cambd. Anals Hibern 2. ratio 3. ratio 4. ratio 5. ratio 6. ratio 7. ratio 8. ratio 9. ratio Genes c. 3. vers. 7. c. 4. vers. 8. 1. Quest 1. Answer Archi. Turris London Stat. Hiberniae 67. a. 2. Quest 2. Answe 5. Ed. 4. 2. 36. Hen. 6. 29. 14. Hen. 7. 13. 3. quest 3. answ. Sir Thomas Tempest Knight 1. object 2. object 1. Resp. 2. Resp. ad 2. Object 4. Quest 4 Answer Archiv Turris Londin De comunibus placitis per billas coram Iusticiariis Hiberniae nequaquam terminandis 5. Quest 5. Answer 6. Quest 6. Answer 7. Quest 7. Answer Natura Br. fol. 85. in se Briefe de securitate inveniend quod non se divertat ad partes extras pars extra cannot be intended the Kings dominions Fol. 12. 13. Natura Br. 32. 19. Hen. 3. fitz Her Darien presentment 23. â— Hen. 3. fitz Her Dower 179. 35. Henr. 6 26. 37. Hen. 6. 17. 49. Edw. 3. 4. 11. Co. 86. 8. Quest 8. Answer 9. Quest 9. Answer 10. Quest 10. Answ 11. Quest 11. Answ 12. Quest 12. Answ Vide 5. Henr. 7. 9. a. prescription to impound Cattle untill amends be done according to his will not good This appeares by severall Records in Hen. 6. Hen. 7 time in the secoÌ„d Remembrancers Office in Ireland 24. Hen. 8 B Fealty homage 8. 13. Quest 13. Answ 14 Quest 14. Answ Vide 2. 3. Phil. Ma 〈…〉 e 123. b. 15. Quest 15. Answ Co. Inst. 109. Stat. Hib. 3. Edw. 4. cap. 1. Co. 4. 34. Bozoons case 16. Quest 16. Answ 17 Quest 1. Answ Verba Statut. Lo. Visc Clanmoris 18. Quest 18. Answ 19. Quest 19. Answ 20. Quest 20 Answ Gen. cap. 1. v. 31. Gen cap. 1. v. 27. 21. Quest 21. Answ 48. Edw. 3. 9. 33. H. 6. 7. 8. Hen. 7. 12. Co. 6. 6â— Co. 9. 123. Question 1. Declaraon Question 2. Declaraon Question 3. Declaraon Questioâ— 4. Declaration Question 5. Declaraon Question 6. Declaration Question 7. Declaration Question 8. Declaration Question 9. Declaration Question 10. Declaration Question 11. Declaration Question 12. Declaration Question 13. Declaration Question 14. Declaration Question 15. Declaration Question 16. Declaraon Question 17. Declaraon Question 18. Declaration Question 19. Declaration Question 20. Declaration Question 21. Declaiation
to receive no reward Sixtly to take no Fee of any other then the King Seventhly to commit such as breake the peace in the face of Iustice Eightly not to mantayne any suite Ninthly not to deny Iustice notwithstanding the Kings Letters or Commandements and in that Case to certifie the King of the truth Tenthly by reasonable wages to procure the profits of the Crowne Eleventhly if he be found in default in any the matters aforesaid to bee in the Kings mercie body Lands and goods The second reason principally moveth from the following particulars In the Kings Bench the Major-part of the Iudges denyed his Majesties writ of prohibition to the late Court called the high Commission in a cause meerely temporall The foure Courts of Iustice durst not proceede in any cause depending before the chiefe Governor or at the Counsell-board upon paper petitions or rather voyde petitions these paper-petitions being the oblique lines aforesaid grave Iudges of the law were commonly assistants and more commonly referrees in the proceedings upon these paper-petitions in what causes in all causes proper for the Cognizance of the Common-law and determinable by writs of right and petitions of right and so to the most inferior action the like of the Courts of equitie whether this be lawfully to serve the King and his people or whether the King was at losse by the non-prosecuting of the causes aforesaid in their proper orbes by originall writs which might afford the King a lawfull revenue and likewise by the losse of fines and amerciaments naturall to actions at the Common-law or whether the losse aforesaid was made knowne to his Majestie or who consented to the Kings damage therein or whether this be a denyall of justice to deferre it upon paper Orders or Commaunds be conformable to that Oath I will pretermit yet your Lordships may even in this mist discerne a cleere ground for the second question The motive which in part stirred the third and fourth questions was the infinity of Civill causes of all natures without exception of persons without limitation of time proceeded in ordered decreed and determined upon paper-petitions at Counsell-board by the chiefe Governor alone The Commons of this kingdome observing the Iudges of the law who were Counsellors of estate to have agreed and signed unto such Orders the Iudges of the foure Courts and Iustices of Assize in all the partes of the kingdome to bee referrees upon such proceedings wherby these new devises were become so notorious that as all men heavily groaned under them so no man could bee ignorant of them By the colour of Proclamations more more frequent and of the Orders and Acts of state at Counsell-board which were in a manner infinite and other proceedings mentioned in these questions these effects were produced First imprisonment close imprisonment of such numbers that a great defeate in a battle could hardly fill more gaoles and prisons then by these meanes were surcharged in Ireland Secondly by seizures made by crewes of Catchpoles and Caterpillers his Majesties Leige people lost their goods as if lost in a battaile nay worse without hope of ransome Thirdly possessions were altered and that so often and so many that more possessions were lost by these courses in a few yeares then in all the Courts of Iustice in Ireland in an age or two The fourth effect was this after liberty was taken away propertie altered and possession lost by the wayes aforesaid that was not sufficient the subject must be pillored papered stigmatized and the image of God so defaced with indignities that his life became a continuing death the worse of punishments in these feates were advising and concurring some grave and learned Iudges of the Land who were Counsellors of estate as by their signatures may appeare The house of Commons finding as yet no warrant of president nor countenance of example in the law of England to beare up the courses aforesaid have drawne the said Questions from the effects aforesaid My Lords the liberty estate in lands or goods the person of the subject nay his honor and spirit being invaded altered and debased in manner aforesaid there remayned yet one thing his Life See how this is brought into play nothing must escape were not the Gates of Ianus shut up was not the Kings peace universall in his three kingdomes when a Peere of this Realme a Counsellor of the Kings a great Officer of state was sentenced to be shot to death in a Court Marshall what the cause was what defence was permitted what time given and what losse sustayned I submit to your Lordships as therein most neerely concerned were not others actually executed by Marshall law at such time as the Kings Iustice in his Courts of law was not to be avoyded by any person whatsoever This was in part the ground of the eight question This question is plaine a late introduced practise here contrary to former use and no appearing president to warrant such prosecution for a voluntary Oath and the great benefit and quiet accrewed to his Majesties people by arbiterments conceived by consent of parties hath in part occasioned this question Heretofore this Confession was not required for the Iustnesse of the Iudgements was then able enough to beare them up and if the judgement in some Case had beene otherwise what force can the confession of a delinquent add to a Iudiciall act this is part of the reason for this question A complaint exhibited in the house of Commons touching the denyall of the Copy of a Record which the complaynant undertooke to Iustifie in part raised this question In King Iames his time by an order conceived in the Court of Exchequer upon great debate and warranted by ancient presidents the respite of homage was reduced to a certaintie viz. two shillings sixe pence sterling For a Mannor yearly and so for Townes and other portions of Land this course was alwayes held untill now of late the respite is arbitrarily raysed as appeares by the second remembrances certificate viz. I finde that anciently before the beginning of King Iames his raigne every Mannor payed three shillings foure pence Irish per annum every town-Towne-land twentie pence Irish per à nnum as a fine for respite of homage but cannot finde any order or warrant for it untill the fifth yeare of the said Kings raigne and there in Easter Terme 1607. I finde an order entred directing what homage every man should pay a Copy whereof you have already from mee the preamble of which orders sheweth that that matter had beene long depending in the Court undecided which induceth me to beleeve that there was no former president or order in it About three yeares after the freeholders of the Countie of Antrim as it should seeme finding this rate to be too heavy for them they petitioned to the Lord Chichester then Lord Deputy for reliefe therein I finde his Lordships opinion to the
Let us therefore examine the course alleadged here in both those points and if it be found to faile in eyther of them it is to be rejected As to the first I cannot find or read any president of it untill of late and the usage of it for a few yeares cannot make it to be cursus Curiae which ought to bee a custome used time beyond the memory of man As to the second it is confessed by the Iudges that they know no law to warrant this course let us see then whether it be against law or standeth with the law and I conceive it is against law for divers reasons First by the Common-law if a judgement be given against a man after a verdict of twelve men which is the chiefe and cleare proofe which the law looketh upon or upon a demurrer after solemne argument he shall in the one case have an attainte against the Iury in the other a writ of error to reverse the judgement but in this case by the confession of the justnesse of the sentence all the meanes to reverse the sentence is taken away and therefore contrary to law and reason Whereas by the Common-law fines ought to bee moderate secundum quantitatem delicti in reformationem non in destructionem of late times the fines have beene so high in destruction of the party in the Castle-chamber as his whole family and himselfe if hee did pay the fine should bee driven to begge and without performance of the sentence hee could not be admitted to reverse the sentence in respect of all which howbeit in his conscience he is not guiltie yet to gaine his libertie and save part of his estate hee is necessitated to acknowledge the justnesse of the sentence so that the confession is extorted from him and consequently is against law Third reason if the fine were secundum quantitatem delicti as it ought to be without danger of destruction the reducement of the fine had not been so necessarie and therefore no just ground for this confession Lastly the confession of the party after sentence doth rather blemish the sentence then any way cleare it for the confession comming after the sentence which ought to be just in it selfe can adde nothing to it but draw suspition upon it and in that respect a confession is strayned the racke used by the course of the Civill law in criminall causes to cleare the conscience of the Iudge to proceede to sentence is intollerable in our Common-law And therefore this course being an innovation against law without any reasonable ground the said Iudges ought in their said answer to declare so much to the end a course might bee taken for abolishing the same This answer I will not now draw into question I could wish the rest were answered no worse What power have the Barons of the Court of Exchequer to rayse the respite of homage arbitrarily c. Vnto this they answer that untill the Kings Tenant by knights service in capite hath done his homage the ancient course of the Exchequer hath beene and still is to issue processe to distrayne the tenants ad faciendum homagium or ad faciendum finem pro homagio suo respectuando upon which processe the Sheriffe returnes issues and if the tenant doe not appeare and compound with the King to give a fine for respite of homage then the issues are forfeyted to the King But if the Kings tenant will appeare the Court of the Exchequer doth agree with him to respite his homage for a small fine They say further that it resteth in the discretion of the Court by the rule of the Common-law to lay downe a fine for respite of homage according to the yearely value of the said lands which I conceive to be very unreasonable and inconvenient that it should lye in the power of any to assesse a fine for respite of homage such as to him shall be thought meete in discretion for if so hee may raise the fine to such a summe as may exceed the very value of the lands Neyther hath the same beene the ancient course for it appeares by severall ancient Records and by an Order of the Court of Exchequer made Termino pascae 1607. that there should be payed for respiting of homage for every Towneship xx d. Irish and for every Mannor xxxx d. Irish and that such as hold severall houses acres or parcels of land which are not Mannors nor Towneship shall pay for everie hundred and twentie Acres of Land Meadow and pasture or of any of them xx d. Irish and no more and according to that rate and proportion if a greater or lesser number of Acres and for every house without ground iiij d. Irish and of Cottages or Farme houses which bee upon the Lands no fine to bee payed for them solely alone And I conceive where a man holdeth severall parcels of land of the King by severall homages that in such case he is to pay but for one respite of homage onely and no more for that a man is to doe homage but once and consequently to pay for one respite of homage onely The late course in the Exchequer here hath been contrary whereas in their answer they goe in the Exchequer according to the statute of primo Iacobi cap. 26. in England under their favour they goe cleare contrary for that statute was made in confirmation and pursuance of former Orders in the Exchequer Whereas the Barons here goe directly contrary to the ancient course and Order of the Exchequer in this kingdome more of this in my reason or ground for this question So I conclude their answer to this is short My Lords the question contaynes two points First whether the subject of this kingdome is censurable for to repayre into England to appeale to his Majesty for redresse of injuries or for his lawfull occasions Secondly why what condition of persons and by what law The first part of the Iudges their answer is positive and full viz. They know no law or statute for such censure nor I neyther and could wish they had stayed there In the second part of their answer they come with an if viz. unlesse they be prohibited by his Majesties writ proclamation or command and make mention of the statute of 5. Rich. 2. cap. 2. in England and 25. Henr. 6. cap. 2. in Ireland I will onely speake to the second part of this answer My Lords the house of Commons in the discussion of this point tooke two things into consideration First what the Common-law was in such cases Secondly what alteration was made of the Common-law by the statute of 5. Rich. 2. cap. 2. in England and 25. Henr. 6. cap. 2. in Ireland as to the subjects of Ireland As for the first the Register hath a writ framed in the point viz. the writ De securitate in venienda quod se non divertat ad partes extras
No Freeman shall be taken imprisoned put off his freehold liberties free customes c. other then by the lawfull judgement of his Peeres as by the law of the land This great assurance in the 38. Chap. of the same statute was granted for the King and his successors to all his people and was confirmed in thirty Parliaments as I said before Cooke 8. the Princes Case by the statute of 5. Edw. 3. cap. 9. 25. Edw. 3. Cap. 4. 28. Edw. â— cap. â— 42. Edw. 3. cap. 1 â— The great Charter is againe confirmed and not onely so but proceedings contrary to the same before the King or his Counsell are declared voyde The King is to observe and mantayne the law the Iudge by his Oath 18. Edward â— is bound to doe right betweene the King and his people and that right strengthens the Kings prerogative presidents or practise contrary to so many statutes are of no use in many ages past encroachments were made upon these just liberties which were alwayes removed by Parliaments Yet I must confesse that of all antiquity some pleas have beene held in the Kings Royall house as in the Court held by the Marshall of the Kings houshold for things arising within the Verge Fleta lib. 2. cap. 2. but when that Court exceeds its due bounds declaratory statutes were alwayes made to meete them as mischiefes in the common-wealth when they medled with land or the like as appeares by the statute of Articule super Chartam 28. Edw. 1. 15. R. 2. cap. 12. all these statutes My Lords and many more to this purpose are undenyably of force in this kingdome and none of them can be with impunitie said to be obsolete or antiquated My Lords they raise another doubt viz that as the King may grant cognizance of pleas to Corporations or the like and therefore to the Councell-table if this neede an answer I will answer it thus that a grant of cognizance never was neyther can it be otherwise then to proceede per legem terrae or per judicium parium in the same manner as Courts doe proceede at Common-law and not upon paper petitions or summary hearings such cognizance was never granted the King is at losse by such proceedings he looseth fines upon originals he looseth amerciaments and fines incident to every judgement at Common-law as I said before I he subject undergoeth an inconvenience First the law will decline writs originall will by disuse be forgotten Clerks who should draw them discouraged to learne legall proceedings out of doores being the foundation of the law and in stead of regular and orderly proceeding rudenesse and barbarisme introduced the subject will loose the benefit of his attaynte and writ of error by which the law might relieve him against false verdicts or erroneous judgments he will loose the benefit of his warranty which might repaire a purchaser in case his acquired purchase were not good Whereas if a Iudge or Iuror doe wrong the remedy is at hand but against the Lord Deputy and Councell who will seeke for it therefore the countenance of this Iudicature in Common-pleas is against the Kings prerogative and the peoples just rights both which the Iudges ought to maintaine and likewise against the intent of your Lordships order My Lords as in England the said severall statutes were made to prevent the inconveniences aforesaid one good statute was made in Ireland 28. Henr. 6. cap. 2. Irish statut fol. 15. which directs matters of Interest to be determined in the Common-pleas matters of the Crowne in the Kings-bench matters of equity in the Chancery This law if there were no more regulates the proceedings in this kingdome The Iudges insist upon the words in the end of that statute viz. Saving the Kings prerogative My Lords this was stood upon at the late great tryall in England and easily answered for by the Common-law the King may by his prerogative sue in any of the foure Courts for his particular interest although it be contrary to the nature of that Court for he may sue à Quare impedit in the Kings Bench the like yet so as the said suite be bounded by the rules of law I will demaund a question whether the King may bring à Quare impedit in paper at the Councell-board the Kings now Atturney I am confident will answer me he cannot The word salvo or saving is in construction of law of a thing in esse or existente and no creative word 26. Ass pla 66. and cannot in the Kings Case be construed to overthrow the law nor many expresse and positive acts of Parliament My Lords in all humblenesse and dutie I will and must acknowledge his Majesties Sacred and lawfull prerogative whereof the King himselfe is the best expositor in his answer to the Petition of right Poltons stat fol. 1433. he declares that his prerogative is to defend the peoples libertie and the peoples libertie strenghtens the Kings prerogative the answer was a Kingly answer and More â—ajorum this is conformable to the great Charter and to all the statutes before recited The government of England being the best in the world was not onely Royall but also politicke some other princes like Cain Nemrod Esau and the like hunters of men subverted lawes The Kings of England maintayned them and did never assume the power to change or alter the lawes as appeares by Fortescue that grave and learned Lord Chancellor in King Henry the sixts time de laudibus legum Angliae cap. 9. fol. 25. and in the same Booke cap. 36. fol. 84. nor to take his peoples goods nor to lay taxe nor tallage upon them other then by their free consent in Parliament this appeares by the Booke Cases in 1â— Henr. 4. fol. 14. 15. 16. the great case of the Awlnage of London and in the Case of toll-travers and toll-through 14. Henr. 4. 9 37. Henr. 6. 27. 8. Henr. 6. 19 all agreeing nor to alter the nature of land as by converting land at Common-law to Gavelkind or Borrough English or e conuerso as to the estate otherwise as to the person of the King Ple. Com. the Lord Barclyes Case fol. 246. 247. Yet it is most true that the law of the land gives the King many naturall and great prerogatives farre beyond all other men as may appeare in the said Case fol. 243. but not to doe wrong to any subject Com. 246. The person of the King is too sacred to doe a wrong in the intention of Law if any wrongs bee done his ministerâ— are Authors and not the King And the Kings just prerogatives by the Kings Royall assent in Parliament were bounded limited and qualified by severall Acts of Parliament as if Tenant in cap. did alien at Common-law without licence this was a forfeyture of his estate Plo Com. case of mines fol. 332. the statutes of 2. Edw. 3. cap 14. makes this only finable the statute of Magna Charta cap. 21.
with other proofes is not materiall for other proofe will doe the deede without this bad concurrence and so will a violent presumption as if two goe safe into a Roome one of them is found stabbed to death the other may suffer this presumption is inevitable the law of God the lawes and statutes of the Realme protect and preserve the life of man it were therefore hard to take away by circumstance such a reall and noble essence This concurrence marrs the evidence it helps it not If one gives false testimonie once by the ancient law his testimonie shall never be received againe Leges Canuti Regis Lamb Saxons lawss fol. 113. p. 34. much lesse where they are notorious ill doers this and the reason and ground of this question already opened will I hope give your Lordships satisfaction For this question I will state it without any tenure reserved by expresse words as the question is put whether the reservation of rent or Annuall summe will rayse this to bee a tenure in capite I conceive it will not for sundrie reasons First from the beginning there have beene Fayres and Markets and no president booke-case or Record to warrant the new opinion in this Case before Trinitie terme 1639. in the Court of wards Secondly the practise of that Court was alwayes before to the contrary in the same and the like Cases Thirdly it is a thing as the question is of new creation and never in esse before for this see the Bookes of 3. Henr. 7. 4. 12. Henr. 7. 19. 15. E. 4. 14. 46. E. 3. 12. 21. Henr. 6. 11. Stamford prerogative 8. Therefore there is no necessitie of a tenure thereof upon the Conquest it was necessarie that all lands should be held by some tenure for the defence of the kingdome 1. The statute of Quia emptores terrarum c. praerogativa Regis speake of Feoffator Feoffatores c. therefore a tenure I meane this tacite or implyed tenure was originally onely intended of Land 2. The King may reserve a tenure in all things not mainerable by expresse reservation or Covenant 44. Edw. 3. 45. Fitz. natur brevium 263. c. but that is not our Case 3. Heere it is left to construction of Law which is aequissimus Iudex and lookes upon the nature of things and therefore in Cases that include Land or where land may come in liew therof a tenure may be by implication as a mesnalty a reversion expectant upon an intayle the like 10. Edw. 44. a. 42. Edw 3. 7. Fitz. Grants 102. and divers other bookes 4. No tenure can be implyed by reason of a rent if the rent be not distreynable by some possibility of its owne nature upon the thing granted as appeares by 5. Henr. 7. 36. 33. Henr. 6. 35. 40. Ed. 3. 44. 1. Henr. 4. 1. 2. 3. Fitz-cessabit 17. 5. The distresse upon other land is the Kings meere prerogative like the case of Buts Co. 6. 25. a distresse may be for rent in other land by Covenant 6. This is no rent because it issueth not out of land 7. If the Patentee here had no land there can be no distresse in this case 8. This is a meere priviledge it issueth out of no lands and participates nothing of the nature of land all the cases of tenures in our bookes are eyther of land or things arising out of land or some way or other of the nature of land or that may result into land or that land by some possibilitie may result into it Therefore I humbly conceive that new opinion is not warranted by law or president These My Lords are in part the things which satisfied the house of Commons in all the matters aforesaid they are now left to the judgement and Iustice of your Lordships QVESTIONS PROPOVNDED IN PARLIAMENT AND Declarations of the Law thereupon in Parliament WHither the Subjects of this kingdome bee a free people and to be governed onely by the Common-lawes of England and statutes of force in this kingdome The subjects of this his Majesties kingdome of Ireland are a free people and to be governed onely according to the Common-law of England and Statutes made established by Parliament in this kingdome of Ireland and according to the lawfull customes used in the same VVhither the Iudges of this land doe take the Oath of Iudges and if so whether under pretext of any Act of State Proclamation writ letter or direction under the great or privie Seale or privie Signet or Letter or other Commandment from the Lord Lieutnant Lord Deputy Iustice or other chiefe Governor or Governors of this kingdome they may hinder stay or delay the suite of any subject or his Iudgement or execution thereupon if so in what cases and whether if they doe hinder stay or delay such suite judgement or execution thereupon what punishment doe they incurre for their deviation and transgression therein That Iudges in Ireland ought to take the Oath of the Iustices or Iudges declared and established in severall Parliaments of force in this kingdome and the said Iudges or any of them by colour or under pretext of any act of state or proclamation or under colour or pretext of any writ Letter or direction under the great Seale privie Seale or privie Signet from the Kings most Excellent Majestie or by colour or pretext of any Letter or Commandement from the chiefe Governor or Governors of this kingdome ought not to hinder or delay the suite of any subject or his judgement or execution thereupon and if any letters writs or commaunds come from his Majestie or any other or for any other cause to the Iustices or to other deputed to doe the law and right according to the usage of the Realme in disturbance of the law or of the execution of the same or of right to the parties the Iustices and other aforesaid ought to proceed and hold their Courts and processes where the pleas and matters bee depending before them as if no such letters writs or commaundments were come to them and in case any Iudge or Iudges Iustice or Iustices bee found in default therein he or they so found in default ought to incurre and undergoe due punishment according the law and the former declarations and provisions in Parliament in the case made and of force in this kingdome or as shall be ordered adjudged or declared in Parliament And the Barons of the Exchequer Iustices of assize and Goale-delivery if they be found in default as aforesaid it is hereby declared that they ought to undergoe the punishment aforesaid VVhether the Kings Majesties privie Councell eyther with the chiefe Governor or Governors of the kingdome or without him or them be a place of Iudicature by the Common-lawes and wherein causes betweene party and party for debts trespasses accompts possession or title of Lands or any of them and which of them may bee heard and determined and