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 begun to fight for them by a present swaying powerfull Faction amongst the Lords Commons and Army that have already de facto levelled our Lawes and Liberties to their Arbitrary and Tyrannicall Wills and pleasures so that perfect Vassilage and Slavery by force of Armes in the nature of Turkish Ianisaries 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 LONDON Printed in the yeare when some of the mercinary Officers and Souldiers of Sir Thomas Fairfaxes Army that were pretendedly raised for to fight for the Liberties and Freedomes of England avowedly drew their Swords at the House of Commons doore to destroy those that really stood for their Lawes and Liberties 1647. To all the peaceable and well minded people of the Counties of Hartfordshire and Buckinghamshire who desires present peace freedome justice and the common right and good of all men but more particularly to all those honest Nown substantive men that were the promoters and managers of that affectionate Petition for my self and Mr. Richard Overton to the House of Common about 12. moneths agoe which is printed in the 10. and 11. pag of the second edition of our book called the Outcryes of oppressed Commons But in a most especiall manner to my honest friends in and about Watford that lately were in trouble severall Sessions at St. Albâ—ns for not comming to their parish Church to heare Common prayer c. WOrthy Gentle men and dearest Country-men The sencible knowledge of the sufferings of you last named by your severall times sending to me and comming to me for advice drew out my heart according to my weake talent to bend my braines to the study of something that might be for the effectually future good of yours to whom I have so many indeared obligations and all the rest of your neighbours which I here present unto your courteous acceptation in this following discourse or small collection of Statutes being necessitated to acquaint you that J have not a little been tossed and tumbled by the mallice of corrupt minded men who because their deeds are evill and therefore cannot endure they should come to the view of the Sun and the presses have been as much us I or else you had some weeks ago had it presented in print to your view but being upon the 19 of Ian. last by the House of Commons clapt by the heeles for traiterous and seditious practises against the State that is to say is I interpret it for my earnest and honest endeavouring to promote a righteous iust and gallant petition for the good of my poore Country which I sent unto you some weeks agoe with a letter which letter partly for my vindication I am necessited here to insert which thus followeth virbatum WOrthy Gentlemen and deare Friends The fervency of your love to me and your endeavours for my freedome by petitioning the Parliament hath taken such deep impression upon my heart that I cannot but often renew my thankfull acknowledgement and study to serve you in particular while I endeavour to serve my whole Country in Generall And truly the best service that I can doe you in this iuncture of time in my opinion is to study your peace For if the red Horse of Warre should againe enter into our gates the paile Horse of famine will certainly tread upon his heeles and then nothing can be expected but desolation now the only effectuall meanes to establish your peace is the healing of divesions and that only can be effected by uniting in the common principles of freedome and iustice and for that end is the Petition which I have sent you framed certainly if all the people did but heare the freedome which we petition for opened And if you did informe them that those you account the price of your blood and that you should never disagree nor think any thing worth a war if those principals of freedom justice were setled if it were cleared to them of how great concernment it is to gaâ—ie the specâ—â— settlement of those if I say some paines were taken in this way I am perswaded al people would ioyne together as one man to cry uncessantly to the Parliament for establishing those foundations of iustice and freedome that their peace might be secure to them O my friends that God would give you light and power to see and endeavour after the things which belong to your peace and freedome before they be bid from your eyes there is now an opportunity and if this be neglected I feare God will not betrust us with another and in reason if we doe not act speedily and vigorusly it will be impossible to prevent Warre and confusion Now in your actings in this businesse I desire if my advice might be of any weight with you First that in such places as you cannot gaine liberty to have the Petition read on the first day in the week in the meeting house there desire as great a meeting of the people some other day as you can get and read the Petition and explain it and then select some active men as Trustees to take care for gaining subscriptions 2. Engage as many persons as possible you can to come to London with the Petition and to cry resolutely to the Parliament Iustice Iustice and we intend to give you notice when we intend here to deliver it that at the same time you may come up 3 If you can chuse an Agent to reside here at London constantly to give you constant Intelligence of all affaires and to send you books for your information bought by a publique stock which you should be trust with your Agent J conceive this would be of great concernment to your peace and welfare I have no more to trouble you with at present but only to tender you the service of Your most faithfull servant that now againe earnestly desires you with all your might to promote the Petition Iohn Lilburne London this 8th of Janu. 1647. A proeme to the following collection and discourse WHen Israel would turne their backs upon God who alone was their King 1 Sam. 10.19 chap. 12. v. 12.17.19 and be like all the Heathen and Pagan natitions round about them to have a King to rule over them Deut. 17.14 God himself layes
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 atâ—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 â—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 â—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 desiâ—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
may the better govern himself without offending of the Law and the better keepe save defend his heritage and possessions and in divers regions and countryes where the King the Nobles and other of the said Realm have been good governance and full right is done to every person because that their Lawes and Customes be learned and used in the tongue of the Country The King desiring the good governance and tranqullity of his people and to put out and eschew the harmes and mischiefs which do or may happen in this behalf by the occasions aforesaid hath ordained and established by the assent aforesaid that all Pleas which shall be pleaded in any Courts whatsoever before any of his Iustices whatsoever or in his other places or before any of his other ministers whatsoever or in the Courts and places of any other Lords whatsoever within the Realme shall be pleaded shewed defended answered debated and iudged in the English tongue and that they be entred and inrolled in Latine And that the Lawes and Customes of the same Realme Termes and Processes be holden and kept as they be and have been before this time and that by the ancient tearmes and formes of Pleaders 46 Ed. 3. fo 21. Dyer fo 2 99. Cooke li. 8. fo 163. li. 10 fo 132. Co. inst 304. no man be prejudiced so that the matter of the action be fully shewed in the Declaration and in the Writ And it is accorded by the assent aforesaid that this ordinance Statue of pleading begin and hold place at the fifteenth of S. Hillary next coming The 37. of Edward the 3. chap. 18. fol 190 The order of persuing a Suggestion made to the King ITem though it be contained in the great Charter that no man be taken or imprisoned nor put out of his freehold without processe of the Law never the lesse divers people make false suggestion to the King himselfe as wel for malice as otherwise whereof the King is often grieved St. 9. H 3.29 and divers of the Realm put in damage against the forme of the same Charter Wherefore it is ordained that all they which make such Suggestions shall be sent with the same suggestions before the Chancellor Treasurer and his grand Counsell and that they there finde surety to pursue their suggestions and incurre the same paine that the other should have had if he were attainted in case that his Suggestion he ' found evill St. 38. Ed. 3. 9. And that then processe of the Law be made aganst them without being taken and imprisoned against the form of the said Charter and other Statutes St. 25. Edward 3. 4. 42. Ed. 3. 3. The 42 of Edward the 3. Chap 1. â—093 A confirmation of the great Charter and the Charter of the Forest And a repeale of those Statutes that be made to the contrary AT the Parliament of our Lord the King holden at Westminster the first day of May the two and fortieth yeare of his reigne It is assented and accorded That the great Charter and the Charter of the Forest be holden and kept in all points and if any Statute be made to the contrary that shall be holden for none The 8. of Richard the 2. Chap. 2. fol. 217. No man of Law shall be a Iustice of Assise or Gaole delivery in his own Country ITem it is ordained and assented That no man of â—â—w shall be from henceforth Iustice of Assises or of common deliverances Gaoles in his own Country And that the chiefe Iustice of the common Bench be assigned amongst other to take such Assises and deliver gaoles but as to the chiefe Iustâ—ce of the Kings Bench it shall be as for the most part of an hundred yeares last past was wont to be done St. 13. H. 4 2.33 H. 8.24 The 8. of Richard the 2 Chap. 4. fol. 218 The penaltie if a Iudge or Clerke make any false Entry rase a Roll or change a verdict ITem at the complaint of the said Communalty made to our Lord the King in the Parliament for that great disherison in times past was done of the people and may be done by the false entring of Pleas rasing of Rolles and changing of verdict It is accorded and assented that if any Iudge or Clerkâ— be of such default so that by the same default there ensueth disherison of any of the parties sufficiently convict before the King and his Councell by the manner and forme which to the same our Lord the King and his Councell shall seem reasonable and within two yeares after such default made if the partie grieved be of full age and if he be within age then within two years after that he shal come to his ful age he shal be punished by sine and ransome at the Kings wil and satisfie the party And as to the restitution of the inheritance desired by the said Commons the party grieved shall sue by Writ or otherwise according to the Law if hee see it expedient for him St. 8 H. 6.82 The 12 of Richard the 2. Chap. 10. fol. â—23 How many Iustices of peace there shall be in every County and how often they shall keep their Sessions ITem it is ordained and agreed that in every Commission of the Iustices of Peace there shall be assigned but six Iustices with the Iustices of Assises and that the said six Iustices shall keep their Sessions in every quarter of the yeare at the least and by three dayes if need be upon pain to be punished according to the discretion of the Kings Councell at the suit of every man that will complain And they shall inquire diligently amoâ—g other things touching their offices if the said Majors Bailifes Stewards Constables and Gaolers have duly done execution of the said Ordinances of servants and labourers beggars and vagabonds and shall punish them that be punishable by the said paine of an hundred shâ—llings by the same paine and they that be found in default and which be not punishable by the same pain shall be punished by their discretion And every of the said Iustices shall take for their wages foure shillings ††36. Ed. 3. 12. 14. R. 2. 11. See also the wages of the Clerke of the peace in the Statutes of 27 H. 8. 16. and 5. Eliz. 12. and 13. Eliz. 25. the day for the time of their foresaid Sessions and their Clerke two shillings of the fines and amerciaments rising and comming of the saâ—e Sessions by the hands of the Sheriffes And that the Lords of franchises shall be contributary to the said wages after the rare of their part of sines and amerciaments aforesaid And that no Steward of any Lord be assigned in my of the said Commissions And that no association shall be made to the Iustices of the peace after their first Commission And it is not the intent of this Statute that the Iustices of the one Bench or of the other nor the Serjeants of the Law in case that they shall
unto the power of the House in committing me J stooped but at their doore desired to be committed by a legall Warrant which by their own Law published in Sir Edward Cooks institutes Votes and Ordinances all warrants of commitments whatsoever ought expresly to containe the certaine particular case wherefore a man is committed and ought to conclude and him safely to keep till he be delivered by due course of Law and for the full proof of this read the 68 69. pages of the following discourse and the 11 12 13 14 15 pages of Mr. Iohn Wildmans late defence called Truths Triumph or Treachery anotamised But if the Warrant be in generall words and be also to keep him during their pleasure and made by the Parliament the prisoner is murthered and destroyed by such an imprisonment For he must either stoop to their wills and so betray his liberties and sin against his own soule or else he must remaine in prison till he starve and rot before any Iudge in Westminster Hall will grant him a Habeas Corpus to bring him up to the barre of Justice either to receive his punishment according to Law or else his liberties as uniustly imprisoned and this made me the other day at the House of Commons to contest for a legal warrant before I would go to Prison but that mercinary Turkish Ianisary Col. Baxster laid violent hands upon me telling me expresly he was not either to reason or dispute the Houses commands but to obey them caused his Soldiers to draw their swords upon me in halling of me away by force violence he stabed Magna Charta the Petition of Right c. to the very heart and soule did asmuch as in him lyes by that act destroy all our Lawes and liberties for if authority must be backt with the sword to put in execution all their unjust commands then farwell all law and liberty forever and accursed be the day that ever the Parliament raised an Army to fight for the preservation of our lawes and liberties if now they convert their power and turne their swords and guns against us by force of armes to destroy our lawes and liberties John Lilburne 6. Feb. 1647. In the third yeare of the reign of Charles King of England Scotland France and Ireland AT the Parliament begun at Westminster the seventeenth day of March An. Dom. 1627. in the third yeare of the reigne of our most gracious Soveraigne Lord Charles by the grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued untill the 26. day of Iune following and then prorogued unto the 20. day of October now next ensuing To the high pleasure of Almighty God and to the weale publique of this Realme were enacted as followeth The petition Exhibited to his Majestie by the Lords Spirituall and Temporall and Commons in this present Parliament assembled concerning divers Rights and Liberties of the Subiect with the Kings Majesties royall answer thereunto in full Parliament To the Kings most Excellent Majestie HVmbly sheweth unto our Soveraigne Lord the King the Lords Spirituall and Temporall and Commons in Parliament assembled That whereas it is declared aâ—d inacted by a Statute made in the time of the reigne of King Ed. the first commonly called Statutum de Tallagio non concedento a a 34. Ed. 1. chap. 1. That â—o tallage or aid shall be laid or levied by the King or his Heires in this Realme without the good will and assent of the Arch Bâ—shops Bishops Earles Barons Knights Burgesses and other the free men of the Commonalty of this Realme And by authority of Parliament holden in the five and twentieth yeare of the reigne of King Edward the third b b 25. Ed. 3 Rot. Par. it is declared and inacted That from thenceforth no person should be compelled to make any loanes to the King against his will because such loanes were against reason and the franchise of the Land And by other Lawes of this Realme it is provided that none should be charged by any charge or imposition called a Benevolence nor by such like charge c c 25. Ed. 1. 6. 1. Ed. 3. 6 11. R. 2. 9. 1. R. 3. 2. by which the Statutes before mentioned and other the good Lawes and Statutes of this Realme your Subjects have inherited this Freedome That they should not be compelled to contribute to any tax tallage aid or other like charge nor set by common consent in Parliament 1. R. 3. 2. Yet neverthelesse of late divers Commissions directed to sundry Commissioners in severall Counties with instructions have issued by meanes whereof your people have been in divers places assembled and required to lend certaine summes of money unto your Majestie and many of them upon their refusall so to do have had an oath administred unto them not warrantable by the Lawes or Statutes of this Realme * * Oaths Ex Officio unlawfull and have been constrained to become bound to make appearance and give attendance before your privie Councell and in other places and others of them have been therefore imprisoned confined and sundry otherwayes molested and disquieted And divers other charges have been laid and levied upon your people in severall Counties by Lord Lievtenants Deputy Lieutenants Commissioners for Musters Iustices of Peace and others by command or direction from your Maiesty or your privie Councell against the Lawes and free customes of the Realme * * All Magistracy in England is bounded by the law thereof e e 28. Ed. 3. 3. And where also by the Statute called THE GREAT CHARTER OF THE LIBERTIES OF ENGLAND d d 9 H. 3. 29. It is declared and enacted f f 25. Ed. 3. That no free man may be taken or imprisoned St. 37. Ed. 3. 18. St. 38. Ed. 3. 9. St. 42. Ed. 3. 3. St. 17. R. 2. 6. or be disseized of his Free hold or Liberties or his free Customs or he outlawed or exiled or in any manner distroyed but by the lawfull iudgement of his PEERS or by the Law of the Land And in the eight and twentieth yeare of the reigne of King Edward the third e it was declared and enacted by authority of Parliament That no man of what estate or condition that he be should be put out of his Land or Tenements nor taken nor imprisoned nor disherited nor put to death without being brought to answer by due processe of Law Neverthelesse against the tenour of the said Statutes and other the good Lawes and Statutes of your Realme to that end provided f divers of your Subiects have of late been imprisoned without any cause shewed * * Imprisonment without cause shewed is illegall See also Cooke 2. part institutes upon the 29. chap Magna Charta And when for their deliverance they were brought before your Iustices by your Majesties Writs of Habeas corpus there to undergoe and receive as the
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 Kniâ—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. â— 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 choosâ—â— how much he may expend by the yeare And if any Sheriffes reâ—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 incuraâ—â— pain of an hundred pound to be paid to our Lord the King and also that he have imprisonment by a yeare without being leâ— 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
remedy hath ordained and established by authority aforesaid That no Iustice of peace within the Realm of England in any County shall be assigned or deputed if he have not lands or tenements to the value of 20. l. by yeare and if any be ordained hereafter to be Iustices of peace in any County which hath not lands or tenements to the value aforesaid that he thereof shall give knowledge to the Chancellor of England for the time being which shall put another sufficient in his place and and if he give not the said knowledge as before within a moneth after that he hath notice of such Commissions or if he sit or make any warrant or precept by force of such Commissions he shall incur the penalty of 20. l. and neverthelesse be put out of the Commission as before and the King shall have the one half of the said penalty and he that will sue for the King the other half and he that will sue for the King and for himself shall have an action to demand the same penalty by writ of debt at the common Law Provided alwayes that this Ordinance shall not extend to Cities Towns or Boroughs which be Counties incorporate of themselves nor to cities towns or boroughs which have Iustices of peace of persons dwelling in the same by commission or warrant of the King or of his progenitors Provided also that if there be not sufficient persons having lands tenements to the value aforesaid learned in the Law and of good governance within any such County that the Chancellor of England for the time being shall have power to put other discreet persons learned in the Law in such Commissions though they have not lands or tenements to the value aforesaid by his discretion 27. H. 8. chap. 24. The 20. of Henry the 6. Chap. 8. fol. 336. In what case the Kings Purveyors that would take Cattell may be resisted ITem it is ordained by the authority aforesaid that the Statutes before this time made of Purveyors and buyers shall be holden and kept and put in due execution And in case that any purveyor buyer or taker will take and make purveyance or buy any thing to the value of forty shillings or under of any person and make not ready payment in hand that then it shall be lawfull to every of the Kings liege people to retain their goods and cattels and to resist such purveyors and buyers 28. Ed. 3. 12. and in no wise suffer them to make any such pâ—rveyances buyings or takings And to keep the peace better every constable tithingman or chief pledge of every town or hamlet where such takings or purveyances shall be made shall be helping or assistant to the owner or seller of such things to be taken against the forme of this Ordinance to make resistance in the manner aforesaid in case that such constables tithingmen or chiefe pledges be required so to doe upon pain to yeeld to the party so grieved the value of the things so raken with his double damages and that none of the Kings liege people be put to losse or damage by the King or any officer for such resistance And that none of the Kâ—ngs officers shall cause to be arrested vexed or impleaded in the Court of the Marshalsey or else where any of the Kings liege people for such detaining or not suffering to be done upon paine to loose 20. l. the one moity thereof to the King and the other moity to him which will in such case sue and that the Iustices of peace in evety County shall have power by authority of this Ordinance to inquire hear and determine as well at the suit of the King as of him that will sue of any thing done against this Ordinance and thereof to make due punishment and execution and to award damages to the party plaintife when any defendant is thereof duly convict and that upon every action to be taken upon this Ordinance every party defendant shall be put to answer unto it without the aid of the King and in such actions to be taken processe shall be made as in a writ of trespasse done against the peace and that in every Commission of Purveyors buyers or takers to be made this Ordinance shall be contained and expressed And moreover that this Ordinance among other Statutes of purveyors buyers or takers before this time made shall he sent to the Sherifes of every County of England to proclaim and deliver the said Statutes and Ordinances in the manner and forme contained in the Statute of purveyors and buyers 2. H. 6. 2. 36. E. 3. 6. made the first year of the reign of our said Lord the King upon the paine contained in the Statute And moreover the King will and commandeth that the Statute made the 36. year of King Edward late King of England the third after the conquest touching the purveyors of other persons then of the King shall be put in due execution 2. H. 4. 14. The 23. of Henry the 6. Chap. 10. fol. 340. No Sheriffe shall let to Farme his County or any Bailiwick The Sheriffes and Bailiffes fees and duties in severall cases ITem the King considering the great perjury extortion and oppression which be and have been in this realme by his Sherifes under Sherifees and their Clerkes Coroners Stewards of franchises Bailifes and keepers of prisons and other officers in divers counties of this realm hath ordained by authority aforesaid in eschewing of all such extortions perjury 20. H. 7. fo 12. 21. H. 7. fo 36. 4. H. 4. 5. Kel fo 108. â—1 H 7. fo 16. Rast pla fo 318. Coke pla 365. 3. E. 1. 26. Dyer fo 119. and oppressâ—ion that no Sherife shall let to farme in any manner his county nor any of his Bailiwicks Hundreds nor wapentakes nor that the said Sherifes under Sheifes bailiâ—ffes of Franchises nor any other Bailiffe shall return upon any writ or precept to them directed to be returned any inquests in any panell thereupon to be made any Bailiffes officers or servants to any of the officers aforesaid in any panell by them so to be made nor that any of the said Officers and Ministers by occasion or under colour of their office shall take any other thing by them nor by any other person to their use profit or avail of any person by them or any of them to be arrested or attached nor of any other of them for the omitting of any arrest or attachment to be made by their body or of any person by them or any of them by force or colour of their office arrested or attached for fine fee suit of prison mainprise letting to baile or shewing any ease or favour to any such person so arrested or to be arrested for their reward or profit but such as follow that is to say For the Sheriffe twenty pence the Bailiffe that maketh the arrest or attachment foure pence and the Gaoler if the prisoner be committed to
his Ward foure pence And that the Sheriffe under Sheriffe Sheriffes Clerke Steward or Bailiffe of Franchise servant or Bailiffe or Coroner shall not take any thing by colour of his office by him nor by any other person to his use of any person for the making of any return or panell and for the copy of any panell but foure pence and that the said Sheriffes and all other officers and Ministers aforesaid shall let out of prison all manner of persons by them or any of them arrested or being in their custody by force of any writ bill or warrant in any action personall or by cause of indictment of trespasse upon reasonable sureties of sufficient persons having sufficient within the counties where such persons be so let to bail or mainprise to keep their dayes in such places as the said writs Fitz N. B. fo 251. B. Plow fo 60. Coke l. 10. fo 101. 37. H. 6. fo 1. Plow fo 60. Dyer fo 118. 323. 364. 7. Ed. 4. fo 5. Coke li. 3. fo 59. li. 10. fo 99. Rast pla fo 371. 31. El. 9. Dyer fo 25. bels or warrants shall require Such person or persons which shall be in their Ward by condemnation execution Capiat utlagatum or excommunicatum surety of the peace and all such persons which be or shall be committed to ward by speciall commandement of any Iustices and vagabonds refusing to serue according to the forme of the Statute of Labourers only except And that no Sheriffe nor any of his officers or Ministers aforesaid shal take or cause to be taken or make any obligation for any cause aforesaid or by colour of their office but only to themselves of any person nor by any person which shall be in their Ward by the course of the law but by the name of their office and upon condition writen that the said prisoners shall appeare at the day contained in the said writ bill or warrant and in such places as the said writs bills or warrants shall require And if any of the said Sheriffes or other Officers or Ministers aforesaid take any obligation in other form by colour of their offices that it shall be void And that he shall take no more for the making of any such Obligation Warrant or precept by them to be made but foure pence And also that every of the said Sheriffes shall make yearly a deputy in the Kings Courts of his Chancery the Kings Bench the Common Place and in the Exchequer of Record before that they shall return any Writs to receive all manner of Writs and Warrants to be delivered to them And that all Sheriffes under Sheriffes Clerkes Bailiffes Gaolers Coroners Stewards Bailiffes of Franchises or any other officers or ministers which doe contrary to this Ordinance in any point of the same shall loose to the party in this behalfe indamaged or grieved his treble damages and shall forfeit the summe of 40. l. at every time that they or any of them doe the contrary thereof in any point of the same whereof the King shall have the one halfe to be imployed to the use of his house and in no otherwise and the party that will sue the other halfe And that the Iustices of Assises in their Sessions Iustices of the one Bench and of the other and Iustices of the Peace in their County shall have power to enquire heare and determine of office without speciall Commission of and upon all them that doe contrary to these Ordinances in any article or point of the same And if the said Sheriffes return upon any person Cepi corpus or Reddidit se that they shall be chargeable to have the bodies of the said persons at the dayes of the returns of the said Writs Bills or Warrants in such form as they were before the making of this Act. The 1. of Richard the 3. Chap. 3. fol. 385. Every Iustice of peace may let a prisoner to mainprise No Officer shall seise the goods of a prisoner untill he be attainted FOrasmuch as divers persons have been dayly arrested and imprisoned for suspection of Felony somtime of malice and sometime of a light suspection and so kept in prison without baile or mainprise to their great vexation and trouble Be it ordained and established by authority of this present Parliament that every Iustice of peace in every Shire City or Town shall have authority and power by his or their discretion to let such prisoners and persons so arrested to Baile or Mainprise in like forme as though the same prisoners or persons were indicted thereof of record before the same Iustices in their Sessions and that Iustices of Peace have authority to enquire in their Sessions of all manner escapes of every person arrested and imprisoned for felony Rep. 3. H. 7. 3. 1. 2. P. M. 13. 7. H. 4. fo 47. 44. Ass Pl. 14. 43. Ed. 3. fo 24. Cook li. 1 fo 171. 26. Ass pl. 32. And that no Sheriffe under Sheriffe not Escheater Bailiffe of franchise nor any other person take or seize the goods of any person arrested or imprisoned for suspition of felony before that the same person so arrested and imprisoned be convicted or attainted of such felony according to the Law or else the same goods otherwise lawfully forfeited upon pain to forfeit the double value of the goods so taken to him that is so hurt in that behalfe by action of debt to be pursued by like processe judgement and execution as is commonly used in other actions of debt sued at the Common law And that no essoin or protection be allowed in any such action Nor that the defendant in any such action be admitted to wage or doe his Law I shall here give you a clause of the 2. and 3. of Edw. 6. Chap. 13. fol. 867. And be it further inacted by authority aforesaid that if any person doe substract or withdraw any manner of tyths obventions profits commodities or other duties before mentioned or any part of them contrary to the true meaning of this act or of any other act heretofore made that then the party so substracting or withdrawing the same may or shall be convented and sued in the Kings Ecclesiastical court ††Suits for withholing of tyths shall bee in the Eccllesiasticall Court and no where else by the party from whom the same shal be substracted or withdrawn to the intent the Kings Iudge Ecclesiasticall shall and may then and there heare and determine the same according to the Kings Ecclesiasticall Lawes And that it shall not be lawfull unto the Parson Vicar Proprietory Owner or other their Fermors or deputies contrary to this act to convent or sue such withholder of tithes obventions or other duties aforesaid before any other Iudge than Ecclesiasticall And if any Arch-Bishop Bishop Chancellor or other Iudge Ecclesiasticall give any sentence in the foresaid causes of tithes obventions profits emoluments and other duties aforesaid or in any of them and no appeale
times a year and more often if need be Also there shall be assigned good and lawfull men in every County to keep the peace And at the time of the assignments 33. Ed. 1 30. 20. Ed. 3. 6. Fitz. N. B. fo 251. 1. Ed. 3. 16. 18. Ed. 3. â— 34. Ed. 3. 1. 13. R. 2. 7. mention shall he made that such as shall be indicted or taken by the said keepers of the Peace shall not be let to mainprise by the Sheriffes nor by none other ministers if they be not mainpernable by the Law Not that such us shall be indicted shall not be deliveâ—ed but at the Common Law And the Iustices assigned to deliver the Gaoles shall have power to deliver the same Gaoles of those that shall be indicted before the keepers of the peace And that the said keepers shall send their indictments before the Iustices and they shall have power to inquire of Sheriffes Gaolers and other in whose ward such indicted persons shall be if they make deliverance or let to mainprise any so indicted which be not mainpernable and to punish the said Sheriffes Gaolers and others if they doe any thing against this Act. The 4. of Ed. 3. Ch. 10. fol. 122. Sheriffes Gâ—olers shal receive offenders without any thing taking ITem whereas in times past Sheriffes and gaolers of Gaoles would not receive theeves persons appealed indicted or found with the maner taken and attached by the Constables and townships without taking great fines and ransomes of them for their receit whereby the said Constables and Townships have been unwilling to take thieves and felons because of such extream charges and the theeves and the felons the more incouraged to offend It is inacted that the Sheriffes and Gaolers shall receive and safely keep in prison from henceforth such theeves and felons 3. E. 1. 26. 11. Ed 4. fol. 4. 32. H 6 10. by the delivery of the Constables and townships without taking any thing for the receipt And the Iustices assigned to deliver the Gaole shall have power to heare their complaints that will complain upon the Sheriffes and Gaolers in such case and moreover to punish the Sheriffes and Gaolers â—f they be found guilty The 4. of Edward the 3. Chap. 14. fol. 122. A Parliament shall be holden once every yeare ITem it is accorded that a Parliament shall be holden every yeare once and more often if need be Stat. 36. â—d 3. 10. The 14. of Edward the 3. Chap. 5. fol. 133. Delayes of iudgement in other Courts shall be redressed in Parliament ITem because divers mischiefes have hapned for that in divers places as well as in the Chancery as in the Kings Bench the common Bench and in the Eschequer before the Iustices assigned and other Iustices to heare and determine deputed the judgements have been delayed sometime by difficulty and sometime by divers opinions of the Iudges and sometime for some other cause It is assented established and accorded that from henceforth at every Parliament shall be chosen a Prelate two Earles and two Barons which shall have commission and power of the King 2 H. 7. fo 19 22. Ed. 3. fo 3. to heare by petition delivered to them the complaints of all those that will complain them of such delayes or grievances done to them and they shall have power to cause to come before them at Westminster or else where the places of any of them shall be the â—â—nor of records and processes of such judgements so delayed and to cause the same Iustices to come before them which shall be then present to heare their cause and reasons of such delayes Which cause and reason so heard by good advice of themselves the Chancellor Treasurer the Iustices â—f the one Bench and of the other and other of the Kings Councell as many and such as they shall thinke convenient shall proceed to take a good accord and make a good judgement And according to the same accord so taken the tenor of the said record together with the judgement which shall be accorded shall be remanded before the Iustices before whom the plea did depend And that they hastily goe to give judgement according to the same record And in case it seemeth to them that the difficultie be so great that it may not well be determined with out assent of the Parliament that the said tenor or tenors shall be brought by the said Prelates Earles and Barons unto the next Parliament and there shall be a finall accord taken what judgement ought to be given in this case And according to this accord it shall be commanded to the Iudges before whom the plea did depend that they shall proceed to give judgement without delay And to begin to doe remedy upon this ordinance It is assented that a commission and power shall be granted to the Arch-Bishop of Canterbury the Earles of Arundell and Huntington the Lord of Wake and the Lord Raise Basset to endure till the next Parliament And though the ministers have made an oath before this time yet neverthelesse to remember them of the same oath It is assented that as well the chancellor treasurer keeper of the privie seale the Iustices of the one Bench and of the other the Chancellor Barons of the Eschequer as the Iustices assigned and all they that doe meddle in the said places under them by the advice of the same Arch-Bishop Earles and Barons shall make an oath well and lawfully to serve the King and his people And by the advice of said Prelate Earls and Barons be it ordained to increase the number of Ministers when need shal be them to diminish in the same manner And so from time to time when officers shal be newly put in the said offices they shal be sworn in the same maner St. 27 El. 8 Regist fo 17. Rast Pla. fo 30â— The Oaths of the Iustices being made Anno 18. Ed. 3. Anno Domini 1344. fol. â—44 YE shall sweare that well and lawfully ye shall serve our Lord the King and his people in the office of Iustice and that lawfully ye shall councell the King in his businesse and that ye shall not councell nor assent to any thing which may turne him in damage or disherison by any maner way or colour And that ye shall not know the damage or disherison of him whereof ye shall not cause him to be warned by your selfe or by other and that ye shal doe equall Law and execution of right to all his subjects rich or poore without having regard to any person And that ye take not by your self or by other prively nor apartly gift nor reward of gold nor silver not of any other thing which may turne to your profit unlesse it be meat or drinke and that of small value of any man that shall have any plea or processe hanging before you as long as the same processe shall so be hanging nor after for the same cause And that ye take no see
of their neighbours and of other untill they had amends and fines at their own pleasure And further some of them would not be iustified by the Kings Officers nor would suffer them to make delivery of such distresses as they had taken of their own authority It is provided agreed and granted That all persons as well of high as of low estate shall receive Iustice in the Kings Court And none from henceforth shall take any such revenge or distresse of his own authority without award of our Court though be have dammage or iniury whereby he would have amends of his neighbour either higher or lower And upon the foresaid Article it is provided and granted that if any from henceforth take such revenges of his own authority 11. H. 4. fo 2. 47. Ed. 3. fo 7. 18 Ed. 3. fo 48. 41. Ed. 3. fo 26. 17. Ed. 3. fo 9. without award of the Kings Court as before is said and be convict thereof he shall be punnished by fine and that according to the trespasse And likewise if one neighbour take a distresse of another without award of the Kings Court whereby he hath damage he shall be punished in the same wise and that after the quantitie of the trespasse And neverthelesse sufficient and full amends shall be made to them that have sustained losse by such distresses Chap. 2. None but suiters shall be destrained to come to a Court. MOreover none of what estate so ever he be shall distrain any to come to his Court 41. E. 3. fo 26 47. E. 3. fo 7. Fitz. Barre 281. which is not of his Fee or upon whom he hath no Iurisdiction by reason of Hundred or Bayliwick nor shall take Distresses out of the Fee or place where he hath no Baliwick or Iurisdiction And he that offendeth against this Statute shall be punished in like manner and that according to the quantitie and qualitie of the Trespasse 3 Ed. 1. 16. Regist fo 97. Chap. 3. A Lord shall not pay a Fine for distraining his Tenant IF any of what estate soever he be will not suffer such Distresses as he hath taken to be delivered by the Kings Officers after the Law and Custome of the Realme or will not suffer summons Attachments or Executions of Iudgements given in the Kings Court Fitz. Rascous 20. Bro Trespas 16. 384. Fitz. Dan. 10. Fitz Heriot 5.5 H 7. fo 9.9 H 7. fo 14.10 H. 7. fo 2.10 Ed. 4. fo 7.9 H. 6. fo 20. Fitz. Trespas 196. S. Ed. 1.17 Fitz. N. B. fo 102. c. V. N. B. fol. 48. to be done according to the Law and Custome of the Realme as is aforesaid hee shall be punished in manner aforesaid at one that will not obey the Law and that according to the quantitie of the Offence And if any of what estate soever he be distrain his Tenant for Services and Customes being due unto him or for any other thing for the which the Lord of the Fee hath cause to distraine and after it is found that the same services are not due the Lord shall not therefore be punished by Fine as in the cases as foresaid if he doe suffer the Distresses to be delivered according to the Law and Custome of the Realme but shall be amerced as hitherto hath been used and the Tenant shall recover his damages against him Chap. 4. A distresse shall not be driven out of the County And it shall be reasonable Fitz Barre 120. 275 Fitz. Distresse 1 2. 16. Fitz. Avowry 192. 30. Ass pl 38 29. Ed. 3 fo 23 Kel fo 50. 41. Ed. 3. fo 26. 29 Ed. 3. fo 24. 42. Ed. 3. fo 26. 3. Ed. 1. 16. 1. 2. Ph. M. 12. 51. H 3. 28. Ed. 1. 12. NOne from henceforth shall cause any distresse that he hath taken to be driven out of the County where it was taken And if one neighbour doe so to another of his own authority and without judgement he shall make fine as above is said as for a thing done against the Peace Neverthelesse if the Lord presume so to doe against his Tenant he shall be grievously punished by amerciament Moreover Distresses shall be reasonable and not too great And he that taketh great and unreasonable distresses shall be grievously amerced for the excesse of such distresses Regist fo 97. Rast pla fo 216. Regist fo 98. 183. St. 9. Ed. 2. 9 Fitz. N. B. fo 90. 173 Co. lib. 8. fo 60. 7. H. 7. fo 1. 22. Ed. 4. fo 49. Fitz. Barre 281. Fitz. Trespas 188. Fitz. briefe 511. 842. Fitz. Avowry 87. 221. 231. Chap. 15. fol. 20. In what places Destresses shall not be taken IT shall be lawfull for no man from henceforth for any manner of cause to take Distresses out of his Fee nor in the Kings high way nor in the common street but only to the King or his Officers having speciall authority to doe the same Chap. 20. fol 21. None but the King shall hold plea of false Iudgement NOâ—e from henceforth except our Lord the King shall hold in his Court any Plea of false judgement Fitz. Faux Iudgment 7 8.10 14 26.1â— Ed. 3. ch 6. given in the Court of his Tenants For such Plea specially belongeth to the Crown and Dignitie of our Lord the King Regist fol. 15. V. N. B. fo 16. Fitz. N. B. fo 17. Rast pla fo 342 Coke pla fo 305. Chap. 21. fol 21. who may take Replevins of Distresses Dyer fo 245. Bro. Riots 2â—3 Bro. Parl. 108 Fitz Return de Viscount 17 Co. Inst 145 b. 3. Ed. 1 ch 17. Fitz. N B fo 68. V. N B. fo 44. IT is provided also that if the Beasts of any man betaken and wrongfully withholden the Sheriff after complaint made to him thereof may delâ—ver them without 〈…〉 gainsaying of him thaâ— tooke the Beasts if they were taken out of Liberties And if the Beasts were taken within any Libertie and the Bailiffes of the Libertie will not deliver them then the Sheriffe for default of those Bailiffes shall cause them to be delivered Regist fo 82. c. The 3. of Edward the 1. Chap. 17. fol. 27. The remedie if a destresse be impounded in a Castle or Fortresse IT is provided also that if any from henceforth take the Beasts of other and cause them to be driven into a Castle or Fortresse and there within the close of such Castle or Fortresse doe withhold them against gage and pledges whereupon the beasts be sâ—lemnly demanded by the Sheriff or by some other Bailiffe of the Kings at the suit of the plaintiffe the Sheriffe or Bailiffe taking with him the power of the â—here or Bayliwck doe assay to make Replivin of the Beasts from him that took them or from his Lord or from other being servants of the Lord whatsoever they be that are found in the place whereunto the beasts were chased if any deforce him of the deliverance of the Beasts or that no man be found for the
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