PRIMS Full-text transcription (HTML)

JUDGES JUDGED out of their own mouthes. OR The QUESTION Reſolved by MAGNA CHARTA, &c. Who have been Englands Enemies, Kings Seducers, and Peoples Deſtroy­ers, from Hen. 3. to Hen. 8. and before and ſince.

Stated by Sr. EDVVARD COKE, Kn. late L. Chief Juſtice of England.

Expoſtulated, and put to the Vote of the People, by J. JONES, Gent.

Whereunto is added Eight Obſervable Points of Law, Executable by Juſtices of Peace.

Abuſum ego, non uſum forenſem damne.

Ex legibus illis quae non in tempus aliquod, ſea perpetuâ utilitatis cauſâ in aeternum latae ſunt, null: abrogari debet, niſi quam aut u ſus ceärguit, aut ſtatus aliquis Reipublica inutilem fecit.

Tit. Liv. lib. 4. dec. 4.

LONDON, Printed by W. Bently, and are to be ſold by E. Dod, and N. Ekins, at the Gun in Ivy-Lane. MDCL.

To the Right HONOURABLE, HONOURABLE; Right WORSHIPFULL, And Well-beloved, the COMMONS, and PEOPLE of England Univerſally.

BEcauſe Magna Char. Printed in Engliſh, An. 1564. and bound up with other Sta­tutes at large (too Volumi­nous, and coſtly for the generality to read, or buy) doth yield leſs profit than hath been long neceſ­ſary; I have preſumed at the in­ſtance of ſome, to Dedicate this Treatiſe to you all, as it concern­eth the good of all that be, or would be good, & the hurt of none that have left any unhurt: where­in you ſhall find ſo many Chap. of Mag. Char. Confir. Char. Art. ſuper Char. and other Statutes at large, corroborating the ſame; and the L. C. Expoſition there­upon, with ſome Expoſtulations, and Queres of mine own, as I thought requiſite, or convenient for theſe times. The reſt of the Charter, concerning the Church, (yet unſetled) or the Kings Tenu­res, (otherways diſpoſed of) I have omitted as uſeleſs; deſiring that thus much may prove uſeful to all undertakers of Reformati­on, as well Martial, as Civil.

Whoſe Servant (to my power) I ſhall ever be, and continue with due faithfulneſs, and humility. Jo. Jones.

The Great CHARTER of the LIBERTIES of ENGLAND, Granted to the People of the ſame, By King HENRY the third; And accorded between him and them in diverſe full Parliaments, as followeth, viz.

HENRY, by the Grace of God, King of England, Lord of Ireland, Duke of Nor­mandie, and Guyen, and Earl of Angeow. To all Arch-Biſhops, Biſhops, Abbots, Priors, Earls, Barons, Sheriffs, Provoſts, Offi­cers; And to all Bailiffs, and our faithfull Subjects, which ſhall ſee this preſent Charter, greeting.

Know ye, that We, to the ho­nour of Almightie God, and for the ſalvation of the ſouls of our2 Progenitours, and Succeſſours, Kings of England, to the advance­ment of holy church, and amendment of our Realm of England; of Our meer free will, have given and granted to all Arch-Biſhops, Biſhops, Abbots, Priors, Earls, Barons, and to all Free-men of this Realm of England for evermore.

Firſt, We have granted to God, and by this preſent Charter have confirmed for Vs,Cap. 1. Liber­ties. and our Heirs for evermore; That the church of Eng­land ſhall be free, and ſhall have all her whole rights, and liberties invi­olable: We have granted alſo, and given to all Free-men of our Realm, for Vs, and Our Heirs for ever­more, theſe Liberties under-writ­ten, to have and to hold, to them, and to their heirs, of Vs, and Our heirs, for evermore.

Here be four rehearſals (ſaith the Lord Coke) of four notable cauſes of the making this Law. Lord Coke upon Mag. Chart. Fol. 1.Firſt, for the honour of God. Secondly, for the health of the Kings ſoul. Thirdly, For the ex­altation of the church. Fourthly, for the amendment of the Kingdom. And all granted to all ſubjects, and their heirs, from the King and his heirs for evermore; That the great Charter might live, and take effect in all ſuc­ceſſions3 of ages for ever.

Expoſt and Quer.The laſt of theſe cauſes which the L. C. in his Preamble calleth the ends for which this Charter was made, being for the amendment of the Realm, was (ſaith the L. C. up­on the firſt chapter of confirmatio Chart. fol. 529.) to amend great miſchiefs, and inconveniences, which oppreſſed the whole Realm before the making of both Charters, viz. This, and the Charter of the Forreſt, which (ſaith the L. C. in his Preface) were declarative Acts of the old Common-Law of the Land, and no introductives of any new Law. If the miſchiefs, and inconveniencies of the Realm were great before the ſaid Acts were made to declare the Laws of the land, which formerly the lawyers reſerved to themſelves, till then undeclared? Were there not greater ſince thoſe Acts were made, and the Lawes thereby de­clared, and ſince the accord of King and People, to keep the ſame invi­olable, when, and as often as they were violated by Kings, and their Counſel, learned in the Laws? As hereafter ſhall appear.

We,Cap. 8. Debt. Deb­tors. Suer­ties. nor Our Bailiffs ſhall not ſeiſe any lands, or rent, for any debt, as long as the preſent goods, and chattels of the debtors do ſuffice to pay the debt, and the debtor him­ſelf be ready to ſatisfie: Therefore ſhall neither the pledges of the debtor be diſtrained, as long as the princi­ple debtor is ſufficient for payment of the debt; and if the principal deb­tor fail in paiment of the debt, have­ing nought wherewith to pay, or will not, where he is able enough; Then the pledges ſhall anſwer for the debt; and if they will, they ſhall have the lands, and rents of the debtor, until they be ſatisfied of that which they before paid for him, except that the debtor can ſhew himſelf to be acquit­ted againſt the ſuerties.

We (ſaith the Lord Coke) spoken in the politique capacitie of a King,L. Coke upon M. C. fol. 19. ex­tendeth to his Succeſſours. And by Bailiffs, are meant Sheriffs, who write Baliva mea, &c. And by the words ſhall not ſeiz is expreſſed the Kings Grace, who by the Common-Law had Execution againſt his Debtors bo­dies, lands, and goods. And by the Statute of 33. Hen. 8. cap. 9. The Sheriff is to inquire &c. and to extend all Lands, Goods, Chattels. &c. and〈◊〉take and impriſon the Bodies, as by that5 Stat. appeareth, and as the daily pra­ctice ſheweth.

Expoſt and Quer.If We extend to Succeſſors, even to King Hen. 8. Why not longer? If Magna Charta was to live for ever, Why not hitherto? If the King of his Grace remitted by this Act the exe­cution which the Common Law gave him before againſt his Debtors, Bodies, Lands, and Goods, in caſe of having nought wherewith to pay, through decay of their eſtates by un­avoidable neceſſities; then the Kings Debtors obtained of the Kings Grace as much Liberty for their bodies, as this King gave to all his free ſubjects by the 29th of this Act, viz. No Free man &c. And for his Eſtate, as much as the proverb ſaith; Where nothing is to be bad, the King looſeth his due. If the King did not remit ſo much by this Act, then did he gain thereby more than he gave, contra­ry to the opinion of all Lawyers, that ſay, All Acts of Parliament are to be expounded for the benefit of the Subject. And what, and how did he gain? but contrary to his Honour, much more to his Grace, when two more of his ſubjects were hedged in6 by this Act, as Pledges to pay for his undone Debtor, and to undoe themſelves and their families by the bargain. And (their eſtates being too little to pay their own debts) their Creditours muſt ſee the King firſt ſerved our of the ſame, to their no ſmall prejudice, if not undoing, whereby many are injured through one mans occaſion. If therefore this Act ought to be conſtrued for the honour of the King, and benefit of the ſubject (as I believe it ought, and the L. C. ſaith, others have thought ſo) it followeth, That the Statute of the 33. Hen. 8.9. was made (as many more were before and ſince) againſt Mag. Chart. and not onely againſt Kings honour, and grace, but alſo their Oathes, to the undoing of multitudes of their ſubjects, which was ungracious for their Counſel learned in the Laws, to give advice, or aſſent to the ma­king ſuch Laws, or when made, to allow them, much more to maintain them; being that all Judges are to receive Mag. Chart. for a Plea a­gainſt all Statutes made againſt it. And all Judgements given againſt Mag. Chart. are, and ought to be7 void; (as appeareth in the L. C. preamble) And all ſuch Statutes as were made before the 42. of Ed. 3. againſt Mag. Chart. were then re­plealed: and (as I conceive) all made ſo ſince, are repealed by the Petiti­on of Right, 3. Car. that reſtored Mag. Char. to its primitive vigor, and conſequently enervated all its opponents.

The City of London ſhall have the old Liberties,Cap. 9. London &c. and cuſtoms which it hath been uſed to have. Moreover We will, and grant, that all other Cities, Burroughs, Towns, and the Barr ons of the five Ports, and all other Ports, ſhall have their Li­berties, and Free-cuſtoms.

This Chapter (ſaith the Lord Coke) is excellently interpreted by an ancient Author (quoting the Mirrour in the Margent) who ſaith,L. C. upon M. C. fol. 20. that by this Chapter, the Citizens of London ought to have their Franchizes, whereof they are inheritable by loyal Title, of the gift, and confirmation of the Kings, which they have not forfetted by any a­buſe; and that they ſhall have their Franchizes, and Cuſtomes, which are ſufferable by right, and not repugnant8 to law: And the ſame interpretation ſerveth for the Cinque-ports, and other places.

Expoſt and Quer.Doth not this Charter, and chap­ter ſufficiently declare, and Lawyers, (though unwillingly, yet plainly) confeſs, that London and the reſt, had old Liberties and cuſtomes, and that they are inheritable thereof, and ought ſtill to have the ſame, ſo long and ſo far, as not repugnant to Law, (which I conceive to be this Law, and not any that have been made ſince againſt it?) And do not the ſeveral Charters of London, and other Cities and Towns, obtained ſince this Law, declare further what thoſe Liberties, and Cuſtoms were? And if the Kings learned Councel have conſented that he ſhould grant, or Profeſſors of the Law adviſed Lon­doners, or any other Citizens, to ask things repugnant to this Law, and prevailed with both parties? Have they not miſled both parties? And though they have ſo done often; yet in this caſe, doth not the Statute of the 19th of Henry 7. chap. 7. help the offendors with leſs danger than the forfeiture of their Cuſtoms, and9 Liberties, if they offend eſpecially but in thoſe points, which their law­yers ſo much miſadviſed them to ask, and the Kings, him to grant?

Common-Pleas ſhall not follow Our Court,
Ca. 11. Com­mon. Pleas.
but ſhall be holden in ſome place certain.

Before this Statute (ſaith the Lord Coke) Common-Pleas might have been holden in the Kings-Bench,L.C. upon M.C. fol. 22, 23. and all Writs returnable unto the ſame Bench; And becauſe the Court was holden co­ram Rege, and followed the Kings Court, and removable at the Kings will, the Returns were Ubicumqueſue­rimus in Angliâ whereupon many diſcontinuances enſued, and great trou­ble of Jurors, charges of Parties, and delay of Juſtice; for this cauſe this Statute was made, &c. And Pleas of the Crown were divided into high Treaſon, Mispriſion of Treaſon, Petty Treaſon, Fellony, &c. and limited to this Court, becauſe contrà coronam, & dignitatem, &c. So that of theſe (the Lord Coke ſaith) the Com­mon-Pleas cannot hold Plea. But to ſhew that Common-Pleas may be hol­den in the Kings-Bench, he ſaith. That10 the King is out of this Statute, and may ſue in that Court. Secondly, if a man be in Cuſtodia, any other may lay upon him any Action of debt, cove­nant, or the like perſonal Action, be­cauſe that he that is in Cuſtodia, ought to have the priviledge of that Court And this Act taketh not away the Pri­viledge of any Court. Thirdly, any Action that is Quare vi & Armis, where the King is to have a Fine, may be ſued in this Court. Fourthly, Reple­vins may be removed thither. Fifthly, (ſaith the Lord Coke) Albeit originally the Kings-Bench be reſtrained by this Act, to hold Plea of any Real action yet by a mean, they may; as when re­moved by writ of Error from Common-Pleas, thither for neceſſitie, leſt any party that hath right ſhould be without remedie, or that there ſhould be a failer of Juſtice; and therefore Statutes are al­waies to be expounded ſo, that there ſhould be no failer of Juſtice.

Expoſt and Quer.Do not the L. C. words, viz. (Be­fore this Statute, &c.) imply, that af­ter the Statute, Common-Pleas ought not to be holden in the Kins-Bench, nor all Writs be returnable into the ſame Beach? Doth the Re­giſter,11 or Natura brevium therefore ſhew any Writ for debt returnable to the Kings-Bench? Doth not Fitz. H. natura brevium fol. 119. h. & k. declare that there is no Writ in Law for debt, but a Juſticies, which is a judicial Commiſſion to the She­riff to determine the matter, am­plius indè clamorem audiamuus: So that the Kings-Bench ought not to be troubled with the matter at all? or if an Original returnable to the Common-Pleas? Doth not that Origi­nal declare it ſelf to be a Summons? And doth not Mr Kitchen in his Ret. brev. fol. 4. Tit. com. bank, declare, that Summons, Atachment, and Di­ſtringas, ſucceſtively diſtant fifteen days one after another, is the onely Proces at Common Law? The Kings-Beach, and Common-Pleas ought to practiſe by the Common Law, de­clared by Mag. Chart. and accord of the King and People; declared and injoyned to be obſerved in­violable, and immutable for ever. Did ever any Judge of the Kings-Bench, or Common-Pleas, adviſe, or conſent to the making any Statute, or Law to the contrarie, (being ſworn to execute and maintain Mag. Chart.12 as anon ſhall appear all were, or ought to be) and was not perjured? Did, or doth any Judge of any Court of Record, obſerve any ſuch Law be­ing ſo made; or practice, or ſuffer to be practiſed (where he hath authori­tie) any ſuits or proceedings contra­rie to Mag. Chart. and was, and is he not perjured? Doth not the pra­ctice of the Kings-Bench ſtill ſhew, that thence doth iſſue no other Writ for debt, than a Bill of Middleſex, or Latitar, which expreſs themſelves to be for Treſpaſs? Are not thoſe Writs ſtill returnable ubicunquè ſue­rimus, and the Kings-Bench therefore ſtill removeable at the Kings will? whereupon (as ſaith the L. Coke) ma­ny diſcontinuances enſue, and great trouble of Jurours, charges of Par­ties, and delay of Juſtice: for which cauſes (he ſaith) this Statute was made. How doth this Statute (if therefore made) prevent ſuch diſcon­tinuances, trouble, charges, and de­lay of Juſtice, but by declaring, that Common-Pleas ſhall not follow the Kings-Bench? How contradictorie to himſelf is the L. Coke then, when he laboureth to make Common-Pleas lawfull to be holden in the Kings-Bench? 13And if (as he ſaith) the Pleas of the Crown were divided into high Treaſon, Miſpriſion of Treaſon, Petty Treaſon, Fellonie, &c. & limited to the Kings-Bench, becauſe cont. Coron. & dign. Regis; ſo that of theſe (ſaith he) the Common-Pleas cannot hold Plea. By what Juſtice can he deſire to hold Common-Plas in the Kings-Bench; unleſs becauſe more gainfull, (as when he was ſupplanted by his ſucceſſour, under colour of prefer­ment, from the Common-Pleas to the Kings-Beach, he paſſionately expreſ­ſed the difference, ſaying, That he was called from the warm kitchen, to the cold hall:) and that therefore he deſired to reduce Juſtice to his de­ſire, rather than his deſire to Juſtice? But let us examine his Arguments for that purpoſe. Firſt, (ſaith he) The King is out of this Stature. How? out of this Statute, which above all other, the King was ſworn to ob­ſerve, and obey, and to violate was perjurie, and puniſhable in all men without regard of perſons, and no leſs in the Lo. C. to ſay and write o­therwiſe? But (ſaith he) the King might ſue in his Bench. And ſo might he in any Court of Record which he14 pleaſed; for all ſuch Courts are cal­led his, and have power under him, to adminiſter Juſtice to all men, ac­cording to their Commiſſions and Charters, as well as the Kings Bench; and therefore he had his Atturneys, and Sollicitours, attending many ſuch Courts. Secondly, (ſaith he) if a man be in cuſtodia, any other may lay upon him any action of debt &c. becauſe (ſaith he) that he that is in cuſtodia, ought to have the pri­viledge of that Court. Now if a man be in cuſtodia for Fellonie, &c. and an Action for Debt, &c. be laid up­on him, ſhall his priviledge in being in cuſtodia keep him from hanging (if he deſerve it) till he pay the debt? or if he be hanged, and have any goods, ſhall the Creditour be paid his debt out of the ſame; or if he have any lands, out of the Eſ­cheat? I believe not. If a man be not in cuſtodia, but a Juſtice of Peace, or a Grand-Juror, attending Seſſions in Cumberland or Cornwall, what priviledge of this Court doth he need? If he be arreſted there, upon a Writ of treſpaſs, when he is guiltie of none, is he not more diſ­graced than priviledged by this15 Court? when he is forced to appear in this Court for treſpaſs, and nothing declared againſt him for any ſuch matter, ought he not to be diſmiſſed for that matter, with coſts, and dam­mages, anſwerable to his diſgrace and expences, though arreſted at the Kings ſuit? Shall the King do any man wrong? how then doth the Ma­xim hold, that he cannot? Shall this Court abuſe his name, to wrong his Subject? Is not Injuſtice, Per­jurie in a Judge ſworn to do Juſtice? Is not all againſt Mag. Chart. and truth, which is, God himſelf? If not ſo diſmiſſed, ſhall a declaration be admitted againſt him upon an Origi­nal for debt, where neither ſuch Writ, nor cauſe belong? And ſhall the Defendant be inforced to wait upon his Bail for treſpaſs, to anſwer that Declaration? is not that more Injuſtice? And moreover, if that Writ, or the Return thereof be for­ged, (as all, or moſt Originals direct­ed to the Sheriffs of London or Mid­dleſex, are; aſwel by Clerks of this Court, and ſo filed upon Record here as by Attorneys in the Com­mon-Pleas, there;) ſhall that Decla­ration be admitted to ſay, that the16 Defendant is in cuſtodia, (which is falſe;) and be made a Record, which would be accounted the next truth to Goſpel? And ſhall not the Defen­dant be admitted to plead Mag. Ch. againſt the juriſdiction of the Court, and ſuch lying Records? If not; is not all this more Injuſtice and Per­jurie? Shall Judges give Judgements upon fale Records (except to burn them, and puniſh the makers, and cauſers) and ſhall not they be count­ed, and called falſe Judges, and Per­jurers; and their judgements falſe judgements and perjuries? Shall they, that commit Debtors into their Marſhals cuſtodie, upon ſuch judgements by their priviledge (as they call it,) ſay that this Statute doth nor take away ſuch priviledges, when the Lo. C. himſelf ſaith, that all Statutes ought to be expounded ſo, that there ſhould be no failer of ju­ſtice; and this Statute, being M. Ch. (chief of all Statutes) and all its Confirmations ſay, that equal juſtice ought to be done to all men, with­out regard of perſons? What Sta­tute or cuſtom did, or can give any priviledge to any Court to the con­trarie? What benefit of priviledge17 hath the Debtor, that is ſo commit­ted by this Court, and its priviledge, but his undoing, and his families, and often his untimely death by famin, and miſerie? Is not that ſo occaſi­oned by the rigour, and illegalitie of this Court, an offence of the higheſt nature, of Munther and Perjurie? Who gaineth any thing by this pri­viledge, but the Court, and their Marſhal in extorted Fees, to the dammage of both Creditor and Debtor, and often the ruin of both or either? Why therefore doth the L. C. call it a priviledge to the party in Cuſtodie, when it appeareth to be no benefir, but prejudice unto him, and that more aggravated, to have more Actions laid upon him for more debts occaſioned (perhaps) by his impriſonment? What law, or reaſon requireth any priviledge to any man for debt, ſince this Statute in the 29 chapter, freeth all mens bodies from impriſonment, untill they be lawfully tried by their Peers? and no law, but an abortive Statute made 25. Ed. 3. cap. 17. and repealed in the 42 of the ſame King (as afore­ſaid) gave an Arreſt againſt Debtors but Merchants and Accomptants?18 and a Statute made in the ſaid 25 year of the ſaid King, gave the Cre­ditors two parts of all their Debtors lands, & all thei goods (except the beaſts of their plough) for ſatisfa­ction of their debts, which Statute is ſtill in force, and daily executed accordingly? As for Accomptants, Debtors, and Tennants to the King, that are ſo indeed, if the Court of Exchequer be thought proper for them; why ſhould others that are not ſuch indeed, be ſheltered to de­fend or countenanced to offend un­der that pretence? And as for Mem­bers of any Court, why ought not they to ſue, and be ſued by their At­turneys in other Courts than their own, ſince it is unnatural for any bo­die to ſuffer any of its Members (though never ſo corrupt) to be put to any ſmart, which it may avoid? And may not, nay ought not every juſt Court avoid ſuch ſuits, and the ſuſpition of their injuſtice by enter­taining them, and proceeding there­in, by leaving them to the juſtice of other Courts of competent judica­ture, as all other Courts do leave their Members to the mercy of the Courts at Weſtminſter?19 or may not, nay ought not all Courts of judicature within their juriſdicti­ons, determine the cauſes of all ſuch Members of the Courts at Weſtmin­ſter, as ſhall be found, and arreſted within their juriſdictions, notwith­ſtanding any Writs of priviledge, or other Writs to remove them, before they be determined; rather than the Courts at Weſtminſter may ſend for the Members of every Court, to be juſtified by them? For who can ſay, he hath ever found any juſtice there againſt any priviledged man? And how many that be no Members of a­ny Court there indeed, are ſo coun­tenanced, as ſubordinate to ſome ill Member, or other there, and have their Law for nothing, to bring Fees and gain to one or other of thoſe courts, out of honeſtmens purſes and Eſtates, againſt whom they can ſhew no colour of right any where, but where they know they ſhall be favo­red, and their Adverſaries oppreſſed? And how many men of good Eſtates have been, and daily are, not onely oppreſſed, but undone by that means? Thirdly, for Treſpaſs, vi & Armis; Is it but a common-Plea, and conſequently proper to all20 courts of Record, and rather to be tryed within that juriſdiction where the offence is committed, than elſe­where? And hath not the King his Fines impoſed and levyed by the au­thority of all ſuch courts, as wel as by the Kings-Bench? Fourthly, for Re­plevins, may they not as well be re­moved to, and determined by the Common-Pleas, as in the Kings-Bench? Fifthly, what meaneth the Lord by his words, viz. [Originally reſtrained] but that the Kings-Bench is reſtrained from having any origi­nal Writs Returnable thither in Real Pleas,? And is it not as much re­ſtrained from originals in Perſonal Pleas, that are as Common-Pleas, as Real, by this Statute? Or by what other Statute, Law, or Preſident, is it inabled to have any originals re­turnable to it for debt, when the Re­giſter and Ret. brevium have no ſuch Preſidents, as aforeſaid? Is not there­fore all the practice of the Kings-Bench for debt, unjuſt, and perju­rious, as aforeſaid? and moreover a faint Action, &c. as the priſoners for debt in that Court have lately ſet forth by their Petition to the Lord General, and his Officers concerning this matter.

A Free-man ſhall not be ameirced for a ſmall fault,
Caput 14. Ameir­cia­ments.
but after the quan­titie of the fault, and for a greater fault, after the manner thereof, ſa­ving to him his contenement, or Freehold: And a Merchant ſhall be likewiſe ameirced, ſaving to him his Merchandize: And any other Villain than Durs, ſhall be likewiſe ameirced, ſaving his Wainage, if he fall into Our mercy: And none of the ſaid Ameirciaments ſhall be aſſeſ­ſed. but by the caths of honeſt men of the Viſionage: Carls, and Ba­rons ſhall not be ameirced, but by their Peers, and after the quantitie of their treſpaſs. No man of the Church ſhall be ameirced after the rate of his ſpiritual benefice, but af­ter the rate of his lay teuement, and the quantitie of his treſpaſs.

A Free-man here,Lord Cook upon Magna Charta fol. 27. hath a ſpecial underſtanding (ſaith the L. C.) and is taken for a Free-holder; and this ap­peareth by this clauſe, Salvo contene­mento ſuo. viz. Saving his Free-hold, &c. This Act extendeth to Ameircia­ments, not to Fines impoſed by any Court of Juſtice, &c. Free-men are not intended to officers, or miniſters, or officers of juſtice, &c. The Writ of Mo­derata miſericordia, giveth remedie to the Partie that is exceſſively ameir­ced, &c. Albeit the Law of England22 is a Law of mercy, yet it is now turned to a ſhadow; for where by the wiſdom of the Law, theſe Ameirciaments were inſtituted, to deter both Domandants from unjuſt ſuits, and Defendants from unjuſt defences, which was the cauſe in former times of fewer ſuits, &c.

If amerciaments were inſtituted to deter Plantiffs from unjuſt ſuits,Expoſt and Quer. and Defendants from unjuſt defen­ces; and were the cauſes of fewer ſuits in former times; how comes the Law turned to a ſhaddow in the Lord Cokes time? when in the Kings-Bench, and Cmmon-Pleas, am ercia­ments were as frequent, and greivous as in any other time, and ſuits no fewer, nay more numerous than be­fore, (as Records of both Courts de­clare) unleſs he means that all the Writs in the Regiſter, and Natura bre­vium, both original, and judicial, (whereby ſuits were determined a­mongſt neighbours friendly at home) became uſeleſs, ſince Habeas corpus, &c. carried all to Westmin­ſter? And that there injuſtice ſhad­dowed under the name and habit of juſtice, remunerated the litigious ſupporters of her being, with ſuch23 ſhares of her ſpoils, that though ſhe trebled their amerciaments, ſhe made them alwaies gainers; unleſs when to ſatisfie their revenge, rather than their purſes, they commuted their monies for counſels, and coun­tenances, to undo the oppoſers of their malice, whereby both parties became looſers, and often ruined; and injuſtice onely remained the gainer, and increaſed her kingdom (as the Divel doth his) by ſuch ſui­tors; and made more ſuits for Weſt­minſter, than all the Courts of Er­rors, and their Judges, Lawyers, and Attorneys there, ſhall wear out while they live, without extraordina­ry helps of their ſervants.

No town, or Free-man ſhall be di­ſtrained to make Bridges, or banks,C. 15. Bridg. Banks. but ſuch as of old time, and of right have been accuſtomed to make them in the time of King Henry our Grand­father.

No Banks ſhall be defended hence­forth,C. 16. Banks. but ſuch as were in defence in the time of King Henry our Grand­father, by the ſame places, and the ſame hounds, as were wont to be in his time.

Both the next precedent chapters ſufficiently expound themſelves, ſo24 that the Lord Coke ſpeaketh no more to this matter, but that the Mirrour ſaith, That diver Rivers and their Banks were in his time appropriated, and blocked up by divers perſons, to de­bar common-fiſhings, which were wont to be uſed there in the time of King H. 2. And I believe, there are many more ſo done, more lately, which Commiſſioners for Sewers ſhall do well to look to.

No Sheriff,
C. 17. Pleas Crown
Conſtable, Eſchea­tor, Coroner, or any other our Bai­liffs, ſhall hold Pleas of the Crown.

One miſchief before this Statute,L. Coke upon M. C. 30. was (ſaith the Lord Coke) That no Court, but the Kings chief Court, could command Biſhops to give their clergy to ſuch as ought to have it: another cauſe was, That the life of a man ought to be tryed before Judges of learning, and experience of the Laws of the Realm; for Ignorantia Judicis, eſt ſaepenumerò calamitas innocentis. Theſe are the reaſons that the Lord Coke alledgeth, why ſome Pleas of the Crown were taken from Sheriffs, Caſtel­lans, Eſcheators, Coronors, and Bailiffs, under which names (ſaith he) are25 comprehended all inferiour Judges, Juſtices, and Courts of Juſtice: albe­it (ſaith he) it be provided by the 9th chap. of Mag. Charta, That the Barons of the five Ports ſhould have all their Liberties and Cuſtoms. Theſe general words (ſaith he again) muſt be under­ſtood of ſuch Libertis and Cuſtoms, as are not afterwards in the ſame Char­ter by expreſs words taken away, and aſſumed to the Crown.

Might not the Kings inferior Courts command ordinary Miniſters to give men their Clergie? Expoſt and Quer.And might not that ſerve before Magna Charta, as it is uſual ſince? For ſel­dom, or never in our memories, did Biſhops themſelves attend any court for that ſervice: and now, ſhould they be neceſſary onely for that im­ployment? So the Kings Court would be onely to command them: but if Biſhops may be ſpared, why may not that Court for that cauſe? And if by this Charter the King re­ſumed ſome Pleas of the crown from thoſe that formerly had them; dor••et follow, that he reſumed all Ple••from thoſe that formerly had them? And if under the name of Bailiffs be26 comprehended all Judges, and Juſti­ces, are not the Judges of the Com­mon-Pleas and Barons of the Exchec­quer ſo comprehended? And are none of them of ſuch learning and experience in the Laws of the Realm, to try the life of a man, as Judges of the Kings-Bench? Or elſe, why are they ſent for Goal-deliveries, aſ­wel as Judges of the Kings-Bench are? Was it not provided by the 9. chapter of Mag. Charta, That Lon­don, and other Cities, Burroughs and Towns, as well as the Barons of the five Ports, and other Ports ſhould have their Liberties and Free-Cu­ſtoms? Are all theſe now reſumed by this 17. chap? Who can under­ſtand ſo? Or what meaneth the L. C. by his riddles? Shall Magna Charta contradict it ſelf, though the Lord C. would, and doth here and elſe­where? Are not Commiſſions of O­yer and Terminer, uſual for Tryal of mens lives, where Judges of the Kings-Bench cannot reach, or dare not go? Doth not London and other Corporations execute their Charters by their Recorders, when the Kings-Bench gives them leave; and then do not the Judges of the Kings-Bench27 grant that ſuch Judges may be as learned, and experienced in the Laws as themſelves, for the Trying of mens lives? Are not mens lives Tryable for matter of Fact, and not of Law, (except Treaſons that reach to thoughts?) Are not Jurors the Judges of matters of Fact? What great learning, or expe­rience in Law is requiſite for a Judge to pronounce the ſentence of death, where the verdict hath determined the life? But how many true men have been hanged, and thieves ſaved by Judges interpoſing, and obtrud­ing their peſtifferous pretended learning and experience in the Laws between the weak conſciences of ig­norant Jurors, and the truth? which kind of Jurors they make Sheriffs return for ſuch purpoſes, when they may have ſuch returned as know the Facts, and have ſounder learning and experience in expreſs Law than themſelves.

All Wears from henceforth be ut­terly put down by Thames,
C. 23. Wear, &c.
and Med­way, and throughout all England, but onely by the Sea-coaſts.

It was specially given in charge by the Justices in Eyre (ſaith the Lord C.) that all Juries ſhould inquire of all ſuch as Fiſhed with wears and Dams:L. C. upon M. C. fol. 38. and it appeareth (ſaith he) by Glandvil lib. 9. c. 11. That when any thing is unjuſtly occupied within the Kings demeſne, or obſtructed in publick waies; or Rivers, turned off their right channels, or Citie-streets built upon; and in general, as often as any nuſance to the Kings holding, or his High-way, or to any Citie, is committed; That is a purpresture, viz. an Inclo­ſure, whereby one in chroacheth, or ma­keth that ſeveral to himſelf, which ought to be common to all, or many; and every publick River, or stream, the Kings High way.

If Wears be nuſances (as I am ſure they are) throughout England,Expoſt and Quer. and Wales; and if Commiſſioners for Sewers, and Juſtices of Peace for want of them, be ſufficiently autho­rized to reform ſuch wrongs, and do not, becauſe chief doers thereof, or ſharers in the unlawful gain made thereof themſelves: why not Juſti­ces in Eyer imployed to execute their charge, for the general amend­ment29 thereof, for the publick good?

One Meaſure of Wine ſhall be throughout our Realm,
C. 29. Mea­ſures, &c.
and one mea­ſure of Corn, viz. according to the Quarter of London and Haberjects, that is to ſay, two yards within the liſt, and as it is of Weights, ſo ſhall it be of Meaſures.

This Act concerning Meaſures,L. Cokupon M. C. fol. 49. and Weights, that there ſhould be one Mea­ſure, and one Weight through England, is grounded upon the Law of God, Deut. 25. v. 13, 14. And this by Au­thority of Parliaments hath been often enacted, but never effected.

If Weights and Meaſures through­out England ought to be one,Expoſt and Quer. and that not onely by the Law of God (as the Lord C. inſtanceth) but al­ſo by this Charter of Agreement be­tween the King and the People; Why did not the Lord C. (being chief Juſtice of England) ſworn to do Law, and Juſtice too, and between King and People, (as partly before did, and hereafter further ſhall ap­pear he was, or ought to have been) ſee this point of Juſtice, (ſo highly30 required by the Law of God, and ſo mutually agreed upon by the Kings of this Land, and their Subjects) du­ly executed?

Nothing ſhall henceforth be given for a Writ of Inquiſition,
Ca. 16. Inqui­ſition.
nor taken of him that prayeth the Inquiſition of Life, or Member, but it ſhall be granted freely.

A Writ of Inquiſition,L. C. upon M. C. fol. 42. viz. De odio & atia, anciently called De bono & malo, &c. which the Common-Law gave a man that was impriſoned, though it were for the moſt odious cauſe, for the death of a man, for which (without the Kings Writ) he could not be bailed; Yet the Law fa­vouring the Libertie and Freedom of a man from Impriſonment, &c. until the Juſtices in Eyre ſhould come, at what time he was to be tryed; he might ſue out this VVrit directed to the Sheriff, &c.

If a Writ De odio & atia was gi­ven by the Common-Law,Expoſt and Quer. to a man Impriſoned for the moſt odious cauſe, even for the death of a man; and if the Common-Law favoured31 the Liberty of a man Impriſoned, ſo that he ſhould be Bailed for ſuch a Fact, until Juſtices in Eyre ſhould Try him; Why not ſuch a Writ ſtill? Since odium (which the Lord C. de­fineth to be hatred) and atia (malice) and Priſoners for thoſe cauſes are no ſcanter now, than in former times? And why not Juſtices in Eyre (made ſince competent Judges by Commiſ­ſion without Writs) to determine ſuch matters, which before they could but inquire of by Writs (as the Lord C. ſaith elſewhere, though he ſaith here to try them,) imployed for that ſervice? And now if it be Law­full for a Judge of the Kings-Bench to determine a debt, and to grant an Habeas Corpus for money, to bring the Priſoner before him to put in Bail; Why ſhould he take money for the Writ, and refuſe ſufficient Bail tendred after Oath made of their ſufficiency, without the plantiffs conſent? Nay after acceptation of the Bail, Why refuſe to File it?

No Free-man ſhall be taken,
Ca 2.9. No Free man &c.
or impriſoned, or be disſeiſed of his Freehold, or Liberties, or Free Cu­ſtoms, or be Outlawed, or Exiled, or32 any way otherwiſe deſtroyed; nor we ſhall not paſs upon him, but by law­full judgement of his Peers, or by the Law of the Land; we ſhall ſell to no man, we ſhall denie, or deferre to no man, either Iuſtice, or Right.

Free-man extends to Villains both Sexes,Lord Coke upon Mag. Chart. Fol. 46 &c. &c. Ʋpon this Chapter, as out of a root, many fruitfull branches of the Law of England have ſprung. It containeth nine ſeveral Branches: Firſt, That no man be taken or impriſoned, but by the Law of the Land; viz. The Common-Law, Statute-Law, or Cu­ſtoms of England, &c. Secondly, No man ſhall be disſeiſed, viz. put out of his Freehold, that is, Land, Livelihood, or Liberties, or free Cuſtoms, ſuch as belong to him by his free Birth-right; unleſs it be by the lawfull judgement, and verdict of his equals, or by the Law of the Land, that is (to ſpeak it once for all) by the Due courſe, and pro­ces of the Law. Thirdly, no man ſhall be Outlawed, or put off the Law, viz. Deprived of the benefit of it, unleſs he be Outlawed by the Law of the Land. Fourthly, No man ſhall be exiled, &c. unleſs according to the Law of the33 Land. Fifthly, No man ſhall be de­ſtroyed &c. unleſs by verdict, or accord­ing to the Law of the Land. Sixthly, No man ſhall be condemned, &c. but by the judgement of his equals, or ac­cording to the Law of the Land. Se­venthly, We ſhall ſell to no man, Juſtice, or right. Eighthly, We ſhall denie no man Juſtice or right. And Ninthly, We ſhall deferre no man Juſtice or Right, &c.

Firſt,Expoſt and Quer. If no man ought to be ta­ken, or impriſoned but by the Law of the Land, viz. the Common-Law, Statute-Law, and Cuſtoms of Eng­land? is it not cleared by our Expo­ſtulations before upon the 11. Cha­pter, that Debtors are taken, and im­priſoned in the Kings-Bench, contra­rie to the Common-Law of England, declared by Mag. Chart. contrarie to the chief Statute of England, which is Mag. Char. and which the Lord Coke ſaith, ſhould live (as was ac­corded by King and people) for e­ver? And contrarie to the Cuſtom of England declared by Mag. Charta, and alſo by the Lord Coke, not to ex­tend to the impriſonment of any34 Debtours, but onely the Kings. And are not Debtors, other than the Kings, ſo impriſoned, as well elſe­where, as in the Kings-Bench? Se­condly, if no man ſhall be disſeiſed, viz. put out of his Freehold; that is to ſay, His Livelihood, Liberties, or Free-Cuſtoms, ſuch as belong to him by his Birth-right; unleſs it be by the lawfull judgement, and verdict of his equals, or by the Law of the Land, that is to ſay, (once for all) by Due courſe, and Proces of Law. Are not Debtors disſeiſed of their Livelihood, Libertie, and Freedom which belonged unto them as their Freehold by Birth right, when they are impriſoned in London, Weſtmin­ſter, or elſewhere, by Arreſts, and Actions for Debt, whether due, or not, upon meer ſuggeſtions of Ad­verſaries, not ſo much to Judges, as to Catch-pols, without any judge­ment, or verdict of their equals, and without Due courſe, or Proces of Law, which ſhould be Summons, At­tachment, and Diſtringas, before any Arreſt, as aforeſaid? Are they not taken in the Countrey from their Ploughs, which are their Livelihood, and their Countreys, and their Free­hold35 by Birth-right; by vagant Bum-baylies, and impriſoned there, till they give bail to appear at Weſt­minſter; and thence, inſtead of being remanded home to their ſweet Farm­houſes, large fields, and induſtrious Agricultures; are they not ſent to ſtinking Goals, cloſe dungeons, and idle Monk-cels, whereby they are allowed little more ground to walk upon while they live, than might ſerve them to lie under, when they are dead? Are not all the Corpora­tions of England, and their free-cho­ſen Officers, (that ſhould do them juſtice at home) disſeiſed of their Freeholds by Birth-right, and Char­ters, before and ſince Mag. Char. when they are prevented of the ad­miniſtration of juſtice in execution of their Offices to which they were ſworn, (and heritable ſucceſſively from their Anceſtours by Cuſtom long before Mag. Char. and ſince confirmed by the ſame, and by Charters dated before, and ſince) by Certioraries, Habeas Corpus, &c. be­fore Judgement; and pretence of Errors after; and though never any proved, or aſſigned, yet the cauſes never remanded, but detained at36 Weſtminſter, where the uſual correcti­on of pretended Errours, is not by making any thing that is crooked, ſtraight; but all that is ſtraight, crooked; ſo that both Plantiffs, and Defendants give their titles for loſt in a miſt commonly; but he that hath the wrongfull poſſeſſion, and money, holdeth it; and he that hath the right, and no money, goes to his grave without it? Are not all the People of England disſeiſed of their Freehold, Liberties, Franchiſes, and Free cuſtoms, when they are depri­ved of that juſtice which they ought to have adminiſtred amongſt them at home, by virtue of the Kings Writs (original for Enquiries, and judicial for Determinations) directed to Sheriffs of their own choiſe, in their own Counties, or Stewards of Hundreds, and Court-Barons, in their precincts, where the Free-holders themſelves are Judges themſelves, by ancient Common Laws, and Cu­ſtoms of England, before Mag. Char. and by it declared, and confirmed unto them as aforeſaid? Can Writs of treſpaſs executed for debt; or Capiaſes, grounded upon counter­feited Originals, be conſtrued by any37 Law, to be due Proces of Law? Third­ly, Are men lawfully Outlawed upon Exigents for debt, grounded upon a repealed Statute? and are not all Debtors that are Outlawed, ſo Out­lawed? Are men lawfully Outlawed, that are Outlawed upon Exigents, grounded upon Summonitus, or Non eſt inventus, counterfeitly returned by Attorneys, who at the time of the return were no Sheriffs, or compe­tent officers? and are not all, or moſt Debtors, and Treſpaſſers, that are Outlawed in London and Middleſex, ſo Outlawed? Are men lawfully Out­lawed upon any Exigents, that are Outlawed without the judgement of the Coroners of the Countie where­in they are Outlawed? Are the Co­roners of any Countie now adays, preſent at every, or any Countie, when, and where men are Outlawed? Are not their names nevertheleſs re­turned as Judges of every Outlary unknown to them, for the moſt part, or all? Are not thoſe Returns falſe, and forged? and are ſuch proceed­ings, the due courſe, and Proces of Law? How many thouſands of the Free-men of England are Outlawed yearly, by ſuch means? and how ma­ny38 of them undone, before they can reverſe them? How many are impri­ſoned thereupon, and have all their eſtates ſeiſed for the King, by She­riffs choſen without the conſent of the People? and often ſuch as pur­chaſe their Offices, to gain by ſuch means? How many Outlawries year­ly are ſo clandeſtinely carried, that the parties ſo Outlawed, can hear nothing thereof, before they be im­priſoned, and their eſtates deſtroy­ed as aforeſaid? How many are fur­ther damnified by ſuch Outlawries, procured of purpoſe, to debar them of their juſt ſuits in all Courts, until they reverſe them? How chargeable are reverſals thereof? What lawful­neſs is it, or what honour, for the Courts at Weſtminſter, to make un­lawfull proſit of ſuch unlawfull pra­ctiſes? Cannot the Judges at Weſt­minſter be contented to have coun­terfeit Returns of their Originals in London and Middleſex, but they muſt alſo have the like Returns of their Exigents throughout the King­dom? Are not ſuch Returns falſe, and perjurious in the Sheriffs that make them? Is it not ſufficient for Judges, to perjure themſelves, but that they39 muſt animate others to do ſo too, by not puniſhing them, when they know that practiſe? Are not the Sheriffs of London and Middleſex, and all the Coroners of the King­dom made liable by this practiſe to Actions of the Caſe, and to pay coſts and dammages to the parties grie­ved? Are ſuch Judges, Lawyers, &c. for the Peace, or Profit of the Com­mon-wealth, that beget, foment, or ſuffer the cauſes of ſuch Actions, cauſeleſly, but for their own ends and gains? Are ſuch Courts to be called, or counted Courts of Juſtice, that maintain any Actions, or Arreſts upon unjuſt grounds, or colour of any miſ-begotten Laws, contrarie to Mag. Charta? Are not Aſſaults, Bat­teries, Reſcues, Riots, and Homi­cides, frequent upon ſuch Arreſts? Are not many mens lives loſt, and more hazzarded, and their eſtates ruined thereby? And if a Catch-poll be killed for making, or attempting ſuch unlawfull Arreſt, do not the Judges uſe to adjudge it wilful Mur­ther, though the wronged party doth but endeavour his juſtifiable de­fence? And have they not begotten a Statute for officers to plead the40 General iſſue, by colour of which they juſtifie themſelves, and their creatures, and condemn the guilt­leſs? Are not the cauſers of Mur­ther, as worthy to be hanged, as the doers? Are not they that maintain ſuch Arreſts, to the ſame ends as their Predeceſſors, Imps of the ſame ge­neration? Why therefore their ad­vice deſired, or received in ſuch mat­ters? Are not the Releaſes of Errors, which Priſoners are forced to ſeal before they can be inlarged, rather proofs of their guiltineſs, than ac­quittances of ſuch practitioners? Are not their Errors manifeſt to be wil­full, and gainfull onely to them­ſelves, and hurtfull to the Common-wealth? are ſuch Errors, or Pro­ceedings, to be called Due courſes, or Proces of Law? Then (to ſpeak once for all) is not the Due courſe, and Proces of Law obſtructed, and perverted? and a wrong courſe pra­ctiſed, full of Errors, Lies, Forgeries, Perjuries, &c. (as alreadie appear­eth, and better ſhall hereafter) and cannot Law be executed without ſuch practiſes? Doth not Mag. Char. and all its confirmations, ſhew how it may? Are not they ſufficient lights,41 and guids for the Due courſe, Proces, and Proceedings which ought to be obſerved, in the right execution of Law? And doth not the Lord Coke confeſs them to be ſuch, and that they never miſguided any man, that certainly knew them, and truly fol­lowed them? Fol. 526. Fourthly, If no man ſhall be exiled, &c. Are not Debtors exiled from their Native Soils in Cumberland, or Cornwal, and from all their wordly comforts, of Wifes, Children, Families, Friends, and Eſtates, both Real, and Perſo­nal when called, and forced by Ha­beas corpus &c. to attend Duke Hum­ſrey in Pauls, or Judge Owen in Weſt­minſter (as good dead as any Judges living) to hear or diſpatch Suits by the Law of the Land in any way of Juſtice, while the Suitors money laſts; or to relieve them with any Alms, when their Purſes are ſpent? And if at laſt ſent to the Fleet, or Marſhalſey, where they be pent up as aforeſaid; are they not worſe Ex­iled than into Turkie, where they may have more Liberty of Land and Sea, and live in leſs Slavery than un­der Goalers in England, and have more hopes to return home again42 (like Sir Thomas Shirley, and many others) than from theſe Hells, whence few find Redemption? Had Henry of Bullingbrook been Impriſon­ed for Debt here, (as ſuch now are) when he was baniſhed to France could he have hoped to be King of England, except he had made all his Judges, and Goalers, the beſt ſha­rers of all his Uſurpations, as all the cheating Priſoners in theſe places do theirs, as they and their Creditors can beſt tell, by dear, and daily ex­perience? Fifthly, If no man ſhall be deſtroyed, &c. unleſs by Verdict, &c. Are not all Priſoners for Debt, who are firſt forced themſelves to deſtroy their ſmall Eſtates to buy bread to eat in Idleneſs, and to pay Fees to Goalers, &c. and at laſt to Famiſh in the Fleet, or Marſhalſey, &c. de­ſtroyed both in Lives, and Eſtates, and their Families to boot, without any Verdict given, or intended for their Lives? Nay are not all the Free-men of England, that are, or may be ſubject to Debts, conſequent­ly ſubject to the like deſtruction? And worthy ſo long as they ſuffer the Laws of England, (contained in the glorious Fabrick of the Great Char­ter43 of the Liberties of England, built by their Anceſtors for a perpetual Monument of their care of their Po­ſterity, and their Liberties for ever) to be thus deſtroyed by an Hypocri­tical Generation of Phariſaical Pre­tenders to the onely knowledge of theſe Laws, which by that pretence, they thus pervert, to deſtroy all ho­neſt men whom it ſhould ſave, and to ſave all whom it ſhould deſtroy or puniſh; and that for unlawful re­ſpects, and conſiderations tending onely to their own profits, and ends. Sixthly, If no man ſhall be condemn­ed, &c. but by the judgement of his e­quals according to the Laws of the Land; Are not all Debtors that are Famiſhed as aforeſaid, Condemned for their Lives in effect, though but for their Debts in appearance, with­out any Verdict of their equals, ſo in­tended, contrary to the Law of the Land? Seventhly, do not all the Judges at Weſtminſter, ſell Juſtice, when they ſell Priſoners for Debt, their Writs of Habeas Corpus, &c. for money, when the King would have all his Writs of Grace to be given to his Subjects Gratis, and no Judge to take any Fee, or Reward for any44 thing but of himſelf? Eightly, Do they not deny Juſtice when they de­ny ſuch Writs Gratis? Ninthly, Do they not defer Juſtice, when they detain poor men that are Bailable in Priſon, while they have ſufficient men ready to tender for their Bail, till they be forced to borrow money of other friends, and to ſend far, and ſtay long before they can receive it to looſe their Bail in the interim, and be forced to ſeek others; by which delays, their Goalers Fees increaſe, and their Dyer, Lodging, and Ex­pences draw charges, which they might have ſaved to find Bread for their Wives and Children at home; who perhaps are forced to faſt by that means, and to ſell, or pawn their Cows, or Clothes for this mo­ney, this damnable money, thus ex­torted by a Judge, for ſcribling his Infamous name to a Writ, which doth but wrap a man, and his cauſe, faſter in his clouches? O Mercileſs, Miſerable, Mercinary Judge! that can neither give, nor lend ſo little as his name, to ſo much goodneſs in Policie, (if not in Charity) to give a man Liberty to breath, and take leave of his Home, upon ſecurity of45 more advantage both to Court, and Party, than his impriſonment to re­turn to his Pinfold. Radamanth him­ſelf abhorreth ſuch fooliſh covetouſ­neſs. Do they not defer Juſtice, when by their Writs they cauſe In­dictments, Informations, and juſt Suits Commenced in other com­petent, and more proper Courts in all parts of the Kingdom, to be re­moved to Weſtminſter, and there de­tained without any Tryal theſe 40 years? How many thouſands of Pa­piſts, and heinous Malefactors that ſhould have been puniſhed in, and by their Counties, and Courts at home, have by this means found Weſtminſter, and its Courts, their onely Sanctuaries, and Pri­viledges for none but Eminent, Opulent, Impenitent Offendours? But is not Juſtice denyed, when any Bailable man is denyed to be Bail­ed? Or more, when Bail is accepted upon Oath for its ſufficiency, and is denyed to be Filed, and the Party ſo Bailed in Law, detained Priſoner ſtill, at the Judges, and Planriffs pleaſures? Briefly, Is not the Adminiſtration of all the Law, and Juſtice in England, Ingroſſed and46 Monopolized at Weſtminſter, where the Judges and Courts aſſume to be chief, and do exerciſe a plenary ju­riſdiction over all others, ſo that they ſuffer none but themſelves to erre, or to abuſe Law; nor any to accom­pliſh any Juſtice, or to reform any Errors, but onely themſelves, who do pretend to correct all in their Ex­checquer-Chamber, where inſtead of correcting any, they confirm their own; which muſt be all as aforeſaid. Laſtly, is it unknown that they were wont to Buy their Offices of the Kings Servants, and therefore to Sell their Under-Offices to their own Servants, Attorneys, & c. ? And was not this the Buying and Selling of Juſtice that is yet unpaid for, & had need ſo to be Reformed? Is it any reaſon that any ſhould Buy Juſtice, and not Sell it for gain by the Bar­gain? Is it not Bought to that end? Is it not to that end, Judges neglect to give Attorneys their ancient Oath, whereby they were wont to be Sworn to do no Falſhood, nor cauſe any to be done in their Courts; and if they knew any, to give know­ledge thereof to the Judges, &c. that they ſhould increaſe no Fees, &c. (as47 you may read it at large in the latter end of the Attorneys Academy. Is it not to the ſame end that Judges neg­lect to give all Plantiffs for Treſpaſs, their Oaths that the Treſpaſs amount­eth to 40f or more, or elſe let the Suit be Tryed in the Sheriffs Court at home, according to the Statute of Gloceſter, 6. Ed. 1. cap. 8.? And is it not likewiſe to the ſame end, they neglect to take ſecurity of all Plan­tiffs, to proſecute all Actions with ef­fect, or pay Coſts and Damages to the Defendants, if they prove not their Iſſues? which Judges ancient­ly uſed to do, and ſtill ought, before any Declaration be admitted, or Plea required, as ſaith the Mirror of Juſtice? fol. 64. b. Is it not to the ſame end the Chancery neglecteth to take the Oath of all Complainants to make good their Bills in all points, or pay Coſts and Damages in caſe they fail, and that before any Sub-poe­na be granted them, according to the Statute 15. H. 6. cap. 4o? And were not all well ended, if all the end were that none were forſworn for Injuſtice, but the chief Juſtices? (though comfortleſs for them to be ſo wretched as to have no aſſociates,)48 is it not the worſe for the People, that their Miniſters which ought to be Sworn as aforeſaid, are not? Whereby old Attorneys without ha­zard of Perjury, lead young Judges Sworn to what they know not, to do what they ſhould not? as when ſo many ſubtil and lying Mercuries, direct ſo many covetous and blind Cupids to ſhoot forth their arrows, that they may ſtick them where they pleaſe, and commend the ſhoot­ers for hitting the marks that yield them the beſt ſports of the gain?

The reſt of this Charter I ſhall o­mit as aforeſaid, for the reaſons a­foreſaid, and ſhall conclude this with the beginning of another, made in Confirmation, Renovation, and Per­petuation thereof, by King Edward the firſt, in the 28 year of his Reign, as followeth: viz. EDWARD by the Grace of God, King of England, Lord of Ireland, Duke of Guyen. To all Arch-Biſhops, &c. greeting. We have ſeen the great Charter of the Lord Henry our Father, of the Liber­ties of England in theſe words: And ſo beginneth the Charter as aforeſaid, and ondeth this, and it together, ſaying,We ratifying and approving theſe gifts, and grants aforeſaid, confirm, and49 make ſtrong the ſame for us, and our Heirs perpetually, and by tenor of theſe preſents renew the ſame, Willing, and granting for Vs, and Our Heirs, that this Charter, and all and ſingular its Articles for ever­more, ſhall be ſtedfaſtly, and invio­lably obſerved; And if any Article in the ſame Charter conteined yet hi­thirto peradventure hath not been obſerved, nor kept; We will, and by Our Authoritie Royal command from henceforth firmly they be ob­ſerved. Theſe, &c. being witneſſes. Given at Weſtminſter under Our own hand the 28 of March, in the 28 year of Our Reign.

Again, where the L. C. maintaineth the Statute of Marlebridge made 51 Hen. 3. cap. 5. which ſaith, The great Charter ſhall be obſerved in all its Ar­ticles, as well in ſuch as pertain to the King, as to others, and that ſhall be en­quired of before the Juſtices in Eyre in their Circuits, and before Sheriffs in their Counties when need ſhall be, and writs ſhall be freely granted againſt them that do offend, bfore the King, or the Juſtices of the Bench, or before Ju­ſtices in Eyre, when they come into thoſe parts, &c. And the offendors when they be convict ſhall be grievouſly pu­niſhed by our ſovereign Lord the King, in form above mentioned.


Expoſt and Quer.I ſhall but ask, Why not Juſtices in Eyre ſtill? And why not Writs Gratis ſent to the Sheriff of every Countie, to enquire of offences, and offendors againſt the great Charter? And doth not this Statute prove, that Sheriffs ought to have ſuch Writs, and to make ſuch enquiries? And that the King referred himſelf, as well as others, to the judgements, as well of Juſtices in Eyre, as of the Juſtices of the Bench? and that he would have his Writs granted as well againſt him, as others, and that Gratis? doth it not futther prove, that Kings accounted the Juſtices in Eyre, his Juſtices, and their Court, his Court; as well as the Kings-Bench? how therefore doth the Lord Coke hereafter call them new Juſtices, and their Court, new Court? But more of that in its place.

Now having done with ſo much of Mag. Charta as I promiſed: and with the 5 Chapter of the Statute of Marlebridge: and the 8 of the Sta­tute of Gloceſter. Here enſueth the Confirmation of the great Charter, made at London 10 Octob. Anno 25. Ed. 1. three years before that which51 is Printed before it, becauſe that containeth all the Charter in 38. chapters at large, and this but 7. In the Firſt of which it confirmeth both Charters, and every Article thereof; both made 9o; H. 3. in general words, as followeth, viz.

Edward by the grace of God,
Cap. 1. Char­ters.
King of England, Lord of Ireland, and Duke of Guyen. To all thoſe that theſe pre­ſent Letters ſhall hear or ſee, Greet­ing: Know ye, that We to the Ho­nour of God, and of Holy Church, and to the profit of Our Realm, have granted for Vs, and Our Heirs; That the Charter of Liberties, and the Charter of Forreſts, which were made by the Commonalty of the Realm, in the time of King Henry Our Father, ſhall be kept in every point without breach. And We will, that the ſame Charter ſhall be ſent under Our Seal, aſwel to Our Juſtices of the Forreſt, as to others; And to all Sheriffs of Shiers, and to all Our other Offi­cers, and to all Our Cities through­out the Realm, together with Our Whits, in the which ſhall be contain­ed that they cauſe the foreſaid Char­ters to be publiſhed; And to Declare to the People, that We have confirm­ed them in all points. And that Our Iuſtices, Sheriffs, Maiors, and other Miniſters, which under Vs, have the Laws of Our Land to guid, ſhall allow the ſame Charters52 pleaded before them in Iudgement, in all their points,: That is to wit; The Great Charter, as the Common Law; And the Charter of the Forreſt, for the Wealth of Our Realm.

The Title of this Statute (ſaith the Lord Coke) is Confirmationes Char­tarum de Libertatibus Angliae & Forreſtae,L. C. upon Conſ. C. f. 526. viz. The Confirmations of the Charters of the Liberties of En­gland, and of the Forreſt: And true it is (ſaith he) that hereby the ſaid Charters are expreſly confirmed; but they are alſo excellently interpreted, (which is a Confirmation in Law) for here is nothing Enacted, but is included within Magna Charta. And by the Commonalty (ſaith he) is to be under­ſtood, by the conſent of all the Realm, by Authority of Parliament: and many times by the Commonalty of England, is ſignified an Act of Parliament, &c. before Printing, and before the Reign of King Hen. the 7th, Statutes were Ingroſſed in Parchment, and by the Kings Writ Proclaimed by the Sheriff of every Countie: this was the ancient Law of England, that the Kings Com­mandments iſſued, and were publiſhed in form of Writs (as then it was.) An excellent courſe, and worthie to be re­ſtored,53 &c. This Clauſe (ſaith he) is worthie to be written in letters of gold, viz. That our Juſtices, Sheriffs, Ma­jors, and other Miniſters, which under us have the Laws of the Land to guid them ſhall allow the ſaid Charters in all points, which ſhall come before them in Judgement. And here it is to be ob­ſerved, That the Laws are the Judges Guides, or Leaders, according to that old Rule, Lex eſt Exercitus Judicum, viz. The Law is the Judges Armie: Tutiſſimus Doctor, viz. The ſafeſt Teacher: or Lex eſt optimus Iudicis Synagogus, viz. Their beſt Synagoug. And Lex eſt tutiſſimus caſſis, viz. Their ſafest Fortreſs. There is an old legal word (ſaith he) called Guidagi­um, viz. Guidage, which ſignifieth an Office of guiding Travelors through dangerous and unknown ways. Here it appeareth that the Laws of the Realm, hath this Office to guid the Iudges in all cauſes that come before them, in the ways of right Juſtice, who never yet miſguided any man that cer­tainlie knew them, and truly followed them. The ſence of the words, That the great Charter is to be holden for the Common Law, is, that it is a Common Law to all, in amendment of the54 Realm; that is, of great miſchiefs, and inconveniencies, which oppreſſed the whole Realm, before the making there­of.

Expoſt and Quer.Doth nor the Lord Coke by all this his expreſſion, commend this Statute very highly? Why did he not in his duty cauſe it to be obſerved in his time? And had not Iuſtices of the Forreſt, and other Iuſtices, Sheriffs Majors, and other Miniſters of his time (had they received the Great Charter with the Kings Writs) power thereby, as well as he, to cauſe the ſaid Charter to be publiſhed to the People, and that the King had con­firmed it in all points? Why did he (by neglecting his duty to ſend the ſaid Charter and Writs unto them ac­cordingly) make them fail of their duties? Doth not the Lord Coke con­feſs by this clauſe, Worthie, (as he ſaith) to be written in letters of gold, That Sheriffs, Majors, and other Mi­niſters, as well as Justices, and other Juſtices as well as thoſe at Weſtmin­ſter, have, or ought to have the Law of England to be their guid, and ought to allow Magna Charta in all points, which in any Plea ſhall be before them? 55Why then do the Iuſtices at Weſt­minſter by their Habeas corpus, and other Writs, (as aforeſaid) diſturb, and prevent all Sheriffs, Majors, &c. to exerciſe their Offices, before Judg­ment, or after, without proof of In­juſtice, or manifeſt Errors commit­ted by them in their Iudgements? Why do not the Iuſtices at Wiſtmin­ster (when they have Perſons, and Cauſes brought before them by vir­tue of their Writs) allow Mag. Car. to be Pleaded before themſelves, ſince they will ſuffer no others to hear it? How can it be true, (when they do not) that the Law is their guid? Do not they aſſume the ſole Guiding, Learning, Interpreting, Exerciſing, and Over ruling of the Law to themſelves, when they ſuffer no other Iuſtices, or Miniſters of the King, but themſelves to have any Judgement therein, as aforeſaid? Why do they bely the Law ſo much, as to call it their Guid, their Teacher, their Army, their Synagogue, their Fortreſs; when it is manifeſt, That their Attorneys, their Sollici­tors, their Catch-polls, and their Goalers, are their Guids, Teachers, Supernumerous Armies, and Invinci­ble56 Fortreſſes, (as they truſt, but may be deceived) all whoſe ways are to Injuſtice as aforeſaid? How can that Law be called Common to all, which They, and theſe their Creatures, Mo­nopolize, Ingroſs, and Appropriate all to themſelves as aforeſaid?

And We will,
C. 2. Judge­ments.
That if any Indge­ment be given from henceforth, con­trary to the points of the Charters a­foreſaid, by the Iuſtices, or by any o­ther Our Miniſters, that hold Plea before them againſt the points of the Charters, it ſhall be undone, and hold­en for nought.

Whatſoever Judgement is given a­gainst this Statute of Magna Charta,L. Coke upon Con. C. f. 527. &c. is made void by this Act, and may be reverſed by a Writ of Error, be­cauſe the Judgement is given against the Law; for this Act ſaith, Soir de fair & pur nienttenus, viz. as the Stat. Engliſheth it ſelf, It ſhall be undone and holden for nought.

Expoſt and Quer.If ſo? Why ſhould not all Iudge­ments (appearing as aforeſaid, to be contrary to Mag. Charta) which are given for Arreſts, and Impriſonment of mens Bodies for Debt, be undone,57 and held for nought? Why did Mr. Garland lately trouble the moſt High Court of Parliament (where­of, by ſo doing, he ſhewed himſelf an unworthy Member) with a ridi­culous uſeleſs Act of his drawing, for the Enlarging poor Priſoners for Debt? Why did not he, (if he did ever read this place of the Lord (〈◊〉. ) mind the Parliament to command the Judges (who ſeem, if they have read it, to have forgot it) to reverſe their Erroneous judgements againſt Debtors, ſo far as they extend to their Impriſonment, and to ſend their Liberate to all their Goalers, to ſet open all their Goal dores, and let forth ſo many of the Priſoners for Debt, as they have left alive? The poor, becauſe they have no Eſtate whereof to pay; the rich, becauſe they have Eſtates ſufficient for all, or part; againſt which Eſtates, ſo much of their judgements may ſtand, as concerneth that, and not their Bo­dies: and Executions may be taken thereupon, by Elegit, or Fieri facias, according to the Statute of Weſtmin­ſter the 2. cap. 18th. agreeable to Magna Charta, and the Parliament not to be troubled, except to Im­power58 the Iudges by an Order, to re­ctifie their judgements according to that Law which is in force, and ſo forgo their Errors, and Repealed Statute of the 25th of Ed. 3d c. 17th. which ought to be no Guid, Leader, or Teacher, to learned and grave Judges, that can never be miſguided by the right law, if (as the Lord C. ſaith) they certainly know it, and be pleaſed truly to follow it. And by this courſe, as well the Creditors of the rich Debtors, as the poor Priſoners for Debt, (that have been wronged by the Judges Erronious judgements, and proceedings againſt Mag. Char­ta) may be partly redreſſed, and ſo reſt ſatisfied, until the Parliament be pleaſed to right them further (as ſhall appear hereafter they may.) So like­wiſe may that Priſoner, (which is Im­priſoned again after his inlargement by Garlands Act) be Enlarged again by the ſame Judge that Committed him, without troubling the Parlia­ment, or People with any ſuch Ap­peal, as is lately divulged; or ſuffer­ing the Apprentices Out-Cry to run ſo far, That now it will never be ſtopped till the Thieves be taken.

And that all Arch Biſhops,
Cap. 4. Excom. &c.
and Biſhops, ſhall pronounce the Sen­tence of Excommunication againſt all thoſe that by word, deed, or counſel, do contrary to the ſaid Charters, or that in any point break, or undo them; And that the ſaid Curſe be twice a year Denoun­ced, and Publiſhed by the Pre­lates aforesaid: And if the ſame Prelates, or any of them, be re­miſs in the Denunciation of the ſaid Sentences; the Arch-Biſhops of Canterbury, and York, for the time being, ſhall Compel, and Diſtrain them to the Execution of their Duties, in Form afore-ſaid.

This Excommunication the Prelates could not pronounce without Warrant by Authoritie of Parliament,L. C. upon Confir Cart. f. 527. becauſe it concerned Temporal cauſes.

Expoſt and Quer.Was not the Authority of this Parliament ſufficient Warrant for Prelates to pronounce Excommuni­cation according to the Tenor, and limitation of this Act? Doth not the Lord Coke ſay before, That this Act is not onely an Expreſs Confirmation of Magna Charta, but alſo, a Confirmati­on of it in Law? Doth he not ſay be­fore that; That Magna Charta ſhould live for ever, and in all Succeſſions of Ages for evermore? Is not the ſub­ſtance60 of the Excommunication gi­ven by this Act to the Prelates to pronounce? Had the Prelates any more to do therein, but to pro­nounce an Excommunication? What meaneth Ipſo Facto in the Act, but to let all future Ages under­ſtand, That the breach of Mag. Cha. which is a Declaration of the Funda­mental Laws of England, is ſuch an Offence as deſerveth an everlaſting Curſe inflicted by the Law it ſelf up­on the Breakers for ever? Which Curſe receiveth no more ſtrength from the Pronouncer, than a Sen­tence of Death from a Iudge, who doth but tell a Fellon whom the Law condemneth, what ſhall be the manner of his Death. If any Excom­munication was ever pronounced by virtue of this Act (as there were two in two ſeveral Kings Reigns) were not thoſe Excommunications in force, and ſo to continue as long as Magna Charta it ſelf? the Prelates, and their Succeſſours neglect of their Duties, by diſcontinuing ſuch De­nunciations twice yearly, afterwards notwithſtanding? If ſo? Are not thoſe Excommunications ſtill in force, except Abſolutions be produ­ced,61 granted, and given by equal Authority to that whereby thoſe Excommunications were Denoun­ced? If ſo? Are not Excommunica­tions, until Abſolutions, of the ſame accompt, and validity in Law, as Out-lawries, until they be rever­ſed? If ſo? Are not all the Lands, Goods, and Chattels of all Excom­municats, now the States, as formerly they were the Kings, and ſo Seiza­ble, Sequeſtrable, and Convertible to that uſe, until Abſolution? And ought not ſatisfaction precede Abſo­lution? Ought not that ſatisfaction extend to every particular man that hath been wrong'd in this caſe, which (as the L. C. ſaith) is a Temporal caſe, and ſo called, in reſpect of the inte­reſt of all men, called by the Clergy, Temporal, for diſtinction from them­ſelves, that would be called Spiritu­al? And ſo (as I believe) not to be commuted by a Prelatical Sentence, to a trivial Pennance; nor pardoned by Parliament, without excepting every particular Intereſt. And what Parliament can Pardon, or Abſolve Offendours againſt Magna Charta, but by the Rules of Magna Charta, without offending Magna Charta62 themſelves, and incurring the ſame Excommunication, as they have in­curred that would be Abſolved? If Excommunications be no Terrors to Atheiſtical Judges, Juſtices, &c. who neither Believe, nor fear, Hea­ven, Hell, God, Juſtice, nor Laws, (though they cannot in nature and reaſon, but know that ſuch there are, and are to be beleived, feared, and obeyed) ſhall not Excommunicati­ons be ſufficient Warrants for Chri­ſtians, Engliſh Chriſtians in England, (being warranted not onely, as the L. C. ſaith, By Authority of Parliament, but of many Parliaments, ſuch Parlia­ments of ſuch Infallibility as were thoſe wherein Magna Charta, and all its Confirmations were made, and grounded upon the Common-Laws of England, which, as all Lawyers profeſs, were grounded upon the Law of God, the Word of God, the God of Chriſtians, Chriſt Jeſus, the God of Truth, even Truth it ſelf,) to put them in Execution? If not? To what ends are Parliaments, or the Laws of God, and man, to ſuch as dare not, or will not, if, and when they may? Doth not the Statute of Ano. 1o. P. & M. cap. 12o. which63 made it Fellony for twelve Engliſh perſons, or above, to aſſemble toge­ther of purpoſe to break any point of the Laws of England, imply it to be Warrantable for all the People of England to Aſſemble together, to cauſe the Laws of England, made by all their conſents, to be obſerved, and to puniſh not onely the Breakers, but alſo the onely begetters, and cauſers of all the Breakers, and Breaches of all the Laws of Eng­land, the onely aſſumers of the knowledg thereof, and concealers of that knowledge from the People; ſo that none but themſelves, can know­ingly break the Laws, becauſe they will not let them know them? Laſt­ly, If Excommunications be no­thing formidable to Lawyers, to make them care whether they incur, or ſhun them, but as their profit guids them? Let us ſee what the L. Coke ſaith, fol. 536. concerning the concluſion of this Act, and the Seals that were put to it, and the Oaths of the King and Parliament, then and for ever, for the Ratification of it, omitted in the Stat. at large, in Print, but to be ſeen in the Tower, Rot. Parl. 7o. Hen. 4th. no. 60. begin­ing64 with the word Simile, &c. Note (ſaith he) the Solemnitie of this Act, in that all the Arch-Biſhops, Biſhops, Earls, Berons, &c. did put their Seals thereunto. A rare example, which was done for the obliging of them the more firmly to the obſervation of this Act, which concerned the Laws, Liberties, and Free-Cuſtoms of their Countrey; and for their greater Obligation for the due Ob­ſervation of this Act, they took a voluntary Corporal Oath.

And let us note,Expoſt & Q. that if the Judge­ment of God, and this Parliament, hath made the Prelates ſenſible of their ſlighting of their Predeceſſors Excommunications, ſeals and oaths? by what juſtice, or excuſes, ſhall Lawyers avoid the ſame Judgement? And though the Ignorance of Mag. Charta, and the Law (which Lawyers have begotten & cauſed by conceal­ing the ſame from them as aforeſaid) can be no ſafe Plea for any with God, or man, without prayers for Remiſſion, and manifeſtation of Re­pentance; yet is Ignorance a better ſubject for mercy, than knowing wil­fulneſs; and the people, while igno­rant of Mag. Charta, are more capa­ble65 of grace for the breaking of it, than when they know it, if they put not the Iudgements of it, in Executi­on, againſt the cauſers of their of­fence.

Now I ſhall let you ſee, that there were two Excommunications de­nounced againſt the breakers of Mag. Charta, according to this Sta­tute; as followeth.

The Year of our Lord One thou­ſand two hundred fiftie three,
Exco­munic. prim.
the third of May, in the great Hall of the Ring at Weſtminſter, in the preſence, and by the aſſent of the Lord Henry by the Grace of God, King of Eng­land; and the Lord Richard Earl of Cornwall his brother; Roger Bigor Earl of Norfolk and Suffolk, Marſhal of England; Humohrey Earl of Herford; Henry Earl of Oxford; John Earl Warren, and other eſtates of the Realm of England: We Boniface, by the mercie of God, Arch-biſhop of Canterbury, Primate of all England; T. of London, H. of Ely, S. of Worceſter, E. of Lincoln, W. of Norwich, P. of Her­ford, W. of Salisbury, W. of Durham, R. of Exceſter, M. of Carlile, W. of Bath, E. of Rocheſter, T. of S. Davids, Bi­ſhops, apparrelled in Pontificals, with tapers burning againſt the breakers of the Churches Liberties, and of the Liberties, or other Cu­ſtoms of the Realm of England, and namely of thoſe which are contained66 in the Charter of the Common Liber­ties of England, & Charter of the For­reſt; have denounced the ſentence of Excommunication in this Form: By the Authoritie of Almightie God, the Father, the Son, and the holy Ghoſt, and of the glorious Mother of God, and perpetual Virgin Mary; of the bleſſed Apoſtles Peter and Paul; and of all Apoſtles, and of all Mar­tyrs; of bleſſed Edward King of Eng­land; and of all the Saints of heaven; We Excommunicate, accurſe, and from the benefits of our holy Mo­ther the Church, we ſequeſter all thoſe that hereafter willingly, and maliciouſly deprive, or ſpoil the Church of her Right; and all thoſe that by any craft, or wilineſs do vio­late, break, diminiſh, or change the Churches liberties, and Free-cu­ſtoms contained in the Charters of the Common liberties, and of the For­reſt, granted by our Lord the King to Arch biſhops Biſhops, and other Prelates of England: And likewiſe to the Earls, Barons, Knights, and other Freeholders of the Realm; and all that ſecretly or openly, by deed, word, or counſel, do make Statutes, or obſerve them being made, or that bring in Cuſtoms, or keep them be­ing brought in, againſt the ſaid li­bertis, or any of them, the Writers, Lawmakers. Counſellors, and the Executors of them, and all thoſe that ſhall preſume to Judge againſt them. All and every which Perſons before mentioned, that willingly67 ſhall commit any thing of the Pre­miſes, let them well know; That they incur the foreſaid ſentence Ip­ſo ſacto, firſt upon the deed done. And thoſe that commit ought ignorantly, and be admoniſhed, except they Re­form themſelves within 15. daies af­ter the time of the Admonition; and make full ſatisfaction for that they have done, at the will of the Ordi­nary, ſhall be from that time forth, wrapped in the ſame ſentence. And with the ſame ſentence, we burthen all thoſe that preſume to perturb the peace of our Sovereign Lord the King, and of the Realm. To the perpetual memory of which thing, We the aforeſaid Prelates have put Our Seals to theſe Preſents.

What though the Form of this Ex­communication be Popiſh? Expoſt and Quer.Is not the Subſtance the maintenance of Eng­lands Liberties? And is not that all which the meaning of this Law re­quireth? If Judges and Prelates, as well ſince King Hen. 8. as before, have neglected their Duties in Itte­rating the charge of their Functions, the firſt, in pronoucing Sentence, and the other in Executing it; doth not once pronoucing, & once exe­cuting of ſuch one Sentence of Law, as concerneth all Ages, Sexes, and68 Conditions of People to learn and remember, no leſs for the Preſerva­tion of their lives, and livelihoods, than Scriptures for their Salvation, take away the plea of Ignorance from all men? Shall any man com­mit that ſin which he knoweth to be once ſo Declared by the Law, and think to avoid puniſhment becauſe not often ſo Declared by Law-Pro­feſſours? Are not all men bound to ſearch the Scriptures, and learn the Laws at their perils therefore? If Ig­norance were a plea, ſhall knowledge be excuſed? Profeſſors of knowledg? nay, ſuch as ingroſs that Profeſſion from all others, nay more, ſuch as are the onely cauſers and puniſhers of all other mens Ignorance?

It appeareth that this Sentence was Denounced in the time of King Hen. 3d. Now followeth another, Denounced upon the ſaid Confirma­tion made in the 25th. year of King 8d. 1o. viz.

In the Name of the Father,
Excom. 2.
the Son, and the Holy Ghoſt, Amen, Whereas our Sovereign Lord the King, to the Honour of God, and Holy Church, and for the common69 profit of the Realm, hath granted for him and his Heirs for ever, theſe Articles above written. Robert Arch-Biſhop of Cauterbury, Primate of all England, Admoniſhed all his Pro­vince, Once, Twice, and Thrice. Becauſe that ſhortneſs will not ſuffer ſo much delay, as to give knowledge to all the People of England of theſe Preſents in Writing: We there­fore injoyn all perſons of what E­ſtates ſoever they be, that they, and every of them, as much as in them is, ſhall uphold and maintain theſe Articles, granted by our Sovereign Lord the King, in all points; And all thoſe that in any point do reſiſt, or break, or in any manner hereaf­ter procure, counſel, or any wiſe aſ­ſent to reſiſt, or break thoſe Ordi­nances, or go about it by word, or deed; openly, or privily, by any manner of pretence, or colour: We the foreſaid Arch-Biſhop by our Au­thority in this Writing expreſſed, do Excommunicate, and accurſe, and from the Lord Jeſu Chriſt, and from all the company of Heaven, and from all all the Sacraments of Holy Church, do ſequeſter, and exclude.

Doth not the word, Hereafter,Expoſt & Q. 1 ex­tend to all ſucceſſions, and implie a Duration, as long as there be a Mag. Charta, and a breaker of it? Do not Parliamentarie Oaths, as well as their Laws, include abſents, and futures,70 as well as preſent? If neither Oaths, nor Excommunications be obligato­rie to Atheiſts, ſhall not their hands, and ſeals, bind them and their Heirs, and Executors after them, as com­mon Bonds ſigned and ſealed be­tween private parties, commonly do? And more ſpecially, ſuch as take up­on them the ſole Execution, and Adminiſtration of the Laws, Liber­ties, and Freehold of England? Shall not Charters of Parliament, made, ſigned, ſealed, and confirmed by Authoritie of Parliaments, bind all Subjects, their Heirs, Executors, and Adminiſtrators, as well, and as far, as private Charters of Feofments ſhall bind their Contractors, and their Heirs, &c. Nay, as far as Acts of Parliament can bind, till repealed? Is not every Court called Curia, of the Care it ought to have to execute that charge it undertaketh? and not to exact, and raiſe Fees, &c. for diſ­charging themſelves of all their ſaid Obligations to do even Juſtice to all men, and to force men to pay thoſe exactions, even for doing injuſtice? If all before written be not ſufficient to diſcover that to be true, and that therefore the Lives,71 Lands, & Goods, poſſeſſed by Judges, Lawyers, all, or moſt of them, are in the States power to ſeize into their hands, to the uſe of the Common­wealth, as aforeſaid; let us look a little further, and we ſhall find more that may. And firſt, the Statute cal­led Articuli ſuper Chartas, viz.Stat. of Artic. on the great Chart. A. 28. Ed. 1. Arti­cles upon the great Charters, made 28. of Ed. 1. viz. the ſame year as the Confirmation at large (which conſiſteth of 38. chapters of Magna Charta) was made; proveth further, as followeth.

For as much as the Articles of the great Chartr of the Liberties of Eng­land,Pream­ble. and of the Charter of the Forreſt, the which King Henry, Father to our Sovereing Lord the King, granted to his People for the Weal of his Realm, have not been heretofore ob­ſerved, ne kept, and all becauſe there was no puniſhment executed upon them which offended againſt the points of the Charters before men­tioned: Our Sovereign Lord the King hath again granted, revived, & confirmed them at the requeſts of his Prelates, Earls, & Barons aſſem­bled in His Parliament holden at Weſtminſter in the8 year of his reign. And hath ordained, enacted, and eſtabliſhed certain Articles a­gainſt all them that offend contrary to the points of the ſaid Charters, or72 any part of them, or that in any wiſt tranſgreſs them, in the form that enſueth, viz.

Firſt of all, That from henceforth the great Charter of the Liberties of England, granted to all the Com­monaltie of the Realm, and the Charter of Forreſt in like manner granted, ſhall be obſerved, kept, & maintained in every point, in as am­ple wiſe, as the King hath granted, renued, and confirmed them by this Chart. And that the Charter be deliver­ed to every Sheriff of England under the Kings Seal, to be read four times in the year before the people in the full County, that is to wit, the next County day after the Feaſt of S. Michael, and the next County day af­ter the Feaſt of the Circumciſion, and after Eaſter, and after the Feaſt of S. John Baptiſt. And for theſe two Char­ters to be firmly obſerved in every point, and Article (where before no remedy was at the Common Law) there ſhall be choſen in every Shire Court by the Commonaltie of the ſame ſhire, three ſubſtantial men, Knights,Juſti­ces of Oyer & Term. or other lawfull, wiſe, and well diſpoſed Perſons to be Iuſtices, which ſhall be aſſigned by the Kings Letters Patents under the great Seal, to hear, and determine (with­out any other Writ but onely their Commiſſion) ſuch plaints as ſhall be made upon all thoſe that commit, or offend againſt any point contained in the aforeſaid Charters, in the Shires where they be aſſigned, as well73 in Franchiſes, as without, and as well for the Kings ſervants out of their places, as for other. And to hear the plaints from day to day without any delay, and to determine them without allowing the delays which be at the Common Law: And the ſame Knights ſhall have power to puniſh all ſuch as ſhal be attainted of any Treſpaſs done contrary to any point of the two ſaid Charters (where no remedy was before at the Com­mon Law, as before is ſaid) by Im­priſonment, or by Fine, or by Amer­ciament, according to the Treſpaſs. Nevertheleſs the King, nor none of his Councel that made this Ordi­nance, intend that by virtue hereof, any of the foreſaid Knights ſhall hold any manner of Plea by power, for to admit any ſuit in ſuch caſes wherein there hath been remedy provided in times paſſed, after the courſe of the Common Law by writ. Nor alſo that the Common Law ſhould be prejudi­ced, nor the Ch. aforeſaid, in any point. And the K. Willeth, that if all three be not preſent, or cannot at all times attend to do their Office in form a­foreſaid, the King commandeth that two of them ſhall do it. And it is Or­dained that the Kings Sheriffs, and Bailiffs ſhall be attendant to do the commandments of the foreſaid Iu­ſtices, as far forth as appertaineth unto their Offices. And beſides theſe things granted upon the Arti­cles of the Charters aforeſaid. The King of his ſpecial Grace for redreſs74 of the grievances that the people hath ſuſtained by reaſon of his Wars, and for the amendment of their Eſtate, & to the intern that they may be the more ready to do him ſervice, and the more willing to aſsiſt, and aid him in time of need; hath granted certain Articles, the which he ſuppoſeth ſhall not onely be obſerved of his leige. people, but alſo ſhall be as much pro­fitable, or more, than of the Articles heretofore granted.

One of the cauſes for the making this Act,L. Coke f. 537, 538, 539. was (ſaith the Lord Coke, as in the Preamble is ſuggeſted) that there was no certain puniſhment in many points eſtabliſhed by the ſaid Charters against the violators of the ſame; which alſo by this Act (ſaith he) is remedied: And the word, People, here (ſaith he) doth include all the Kings Subjects, &c. And again, the word, Pain ne fuit eſtable, ſome read (ſaith he) Pain ne fuit execute, and that is true in effect; but the Original, is, Pain ne fuit eſtable; that is, no pain was ſet down certain: And (ſaith he, fol. 539.) This Act had but the force of a Charter, until confirmed by this Parliament, the 34th Ed. 1. And that theſe Charters ſhould be read four times in the year, in full County, here is75 an order taken for the publiſhing. And Ou remedie ne fuit avant, &c. is to be conſtrued (ſaith he) where no Action was given by the Kings Writ, to be pur­ſued at Common Law, &c. Again, here (ſaith he) for the better Execution of thoſe glorious two Lights, Magna Charta, and Charta Foreſtae, a new Court, and new Juſtices were ap­pointed, &c. Again (ſaith he) theſe clauſes againſt the Kings Servants out of their places, as well as others: And to hear the Plaints without delay, day by day, and to determine them without admitting ſuch delaies as be at Common Law, was the firſt ground of the raiſing of the Juſtices called, Trail Baſton, and their Courts ſo called, in respect of their precipitate proceedings from day to day, without ſuch convenient leiſure and time, as Common Law allowed, &c. they in the end had ſuch Authoritie, as Juſtices in Eyer; but albeit they had their Authoritie by Act of Parliament, yet if they erred in judgement, a Writ of Error did lie by the general Rule of the Common Law, to reverſe the Judge­ment in the Kings-Bench; which being once reſolved, and known, and their Juriſdiction fettered with ſo many li­mitations, their Authoritie, by little and little vaniſhd.


Expoſt and Quer.Was there any certain Pain eſtabli­ſhed by this Statute, againſt the vio­lators of Magna Charta, other than by Commiſſion in Eyer, that the Ju­ſtices might determine, and puniſh the Offendors by Impriſonments, Fines or Amerciaments, according to the Treſpaſs? Ought not the Ju­ſtices of the Kings-Bench to have ſo puniſhed all ſuch as were Indicted before Sheriffs, or Juſtices in Eyer, who had power to inquire, and certi­fie them of all ſuch Offendors, and Offences againſt Magna Charta, by the Statute of Marlebridge? 51. Hen. 3d? Doth not the Lord Coke ſay elſe­where, That all Statutes ought to be conſtrued ſo, as that there ſhould be no failer of Juſtice: ſhould not the Juſtices of the Kings-Bench have con­ſtrued Magna Charta ſo? Doth not the 14th chap. of Mag. Charta ex­preſly direct; That all offendors ought to be Amercied by their equals, accord­ing to the quantitie of the Trespaſs? Doth the Lord Coke ſpeak truth, when he ſaith, this Statute gave any man Remedie for the certaintie of the puniſhment, other than Magna Char­ta did before? Was it not made more uncertain by referring it to the Juſti­ces77 in Eyers diſcretion, whether A­merciaments, Fyne, or Impriſon­ment? Doth he not confeſs plainly, (when he ſaith, It is true in effect, that the Pain was not Executed, as ſome read, inſtead of the Pain was not Eſta­bliſhed,) That it was the fault of the Juſtices of the Kings-Bench, in not Executing the Pain of Amercying, &c. (as they might, and ought to have done) was the cauſe of Impo­wering the Juſtices in Eyer, (who were but Enquirers before) now to determine, and puniſh ſuch Offen­dors, and Offences, as they did for­bear, viz. The Kings Servants, with whom by this time, they of the Kings-Bench tampered for their Offices? And was it not for the ſame cauſe, the people were Declared to be chooſers of Juſtices in Eyer? And doth not the Lord Coke ſhew a great ſpight between himſelf, and his bre­thren; whom he would have to be ancient; and the Juſtices in Eyer, whom he calleth a new Court, and new Juſtices? And ſhew his Memo­ry to be weak, as his Envy was ſtrong, when he is forced to give himſelf the Lye, (either here, or in his Expoſition of the Stat. of Marle­bridge,78 where he ſaith; They were then Juſtices, and a court, though but for Inquirie? And upon the 23th Chap. of Magna Charta; he ſaith, they uſed before that time to give charge to all Juries concerning Wears &c. Doth not the Lord Coke ſay, fol. 235. That Bracton wrote before the making Weſt. 1. which was 3. Ed. 1? And doth not Bracton lib. 3. cap. 11, 12, and 13. ſay, Juſtices in Eyer were be­fore his time? Doth not Camden in his Britannia, pag. 104. ſay, They were Inſtituted by King Hen. 2? Doth not Hoveden in his Annais, part, poſter. fol. 113. b. confirm the ſame? And add that K. Hen. 2. divided the Realm in ſix parts, & ſetled threJu­ſtices in Eyer to every part, whoſe names he relateth? And doth not the Mirror of Juſtice lib. 3o. Tit. 1o. Juſtice in Eyer, declare their power at large? And as for their Election by the people, doth he not ſay, fol. 538. That Magna charta, &c. containeth the ſubſtance of all that is contained in theſe Articles? And doth he not ſay in his Preamble, That Magna Char­ta is an Act declarative of the ancient Laws, and Cuſtoms of England before it, and no introductive of any new? 79And fol. 558. That of ancient time, before the making of this Act, all ſuch Officers, or Ministers, as were inſtitu­ted, either for Preſervation of the Peace of the County, or for execution of Juſtice (becauſe it concerned all the Subjects of that County, and they had a great intereſt in the due and just exer­ciſe of their places) were by force of the Kings Writs in every ſeveral Coun­ty, choſen in full and open County, by the Free-holders of the ſame County? Again, (ſaith he,) So it was then, and yet is, of Coroners, and ſo it was then, and yet is, of Knights of the Shire for Parliaments; and of the Verdors of a Foreſt, and likewiſe it was of ancient time of the Sheriff of the County, and reſtored by this Act: but this is alter­ed by divers Acts of Parliament. Now were not Juſtices in Eyer therefore that were before Magna Charta choſen by the peole, as they were Miniſters of Juſtice, wherein the people were concerned? And were they by this Act but reſtored to their ancient juriſdiction, as (the Lord Coke ſaith) Sheriffs were? Was not that alteration which was made by divers Acts of Parliament, made by ſuch Acts as were contrary to80 Magna Charta? And are not, or ought not all ſuch Acts to be void, (as the L. Coke hath elſewhere ſaid?) Doth not theſe contradictions de­clare the Lord Coke to have been di­ſtracted with ſpight and envy againſtuſtices in Eyer? And where in this leaf, he would perſwade the people to ſuſpect Juſtices in Eyer, of corrup­tion, and Monopolizing juſtice to wrong the people that chuſe them; can the people believe that theſe Ju­ſtices (who are to be choſen by them, and to be diſplaced by them, when, and as often as they ſee cauſe) will, or can wrong them more, than thoſe choſen by the King and his Servants, without their conſents, unleſs they can believe that they may be per­ſwaded to give their conſents to wrong themſelves? Is it not a Bull of leſs formality than ever any Po­piſh Bull was, (keeping a man off with his Horns, That he ſhall have no hold of his tail) when he ſaith, That the clauſe, where no remedy was before, &c. ought to be expounded, where no Action was given by the Kings Writs, to be purſued at Common Law? Since by the Statute of Mar­lebridge, Juſtices in Eyer were to81 inquire by the Kings Writs; and now are, by expreſs words of this chapter, not onely to inquire, but al­ſo to determine by virtue of their Commiſſions, without the Kings Writs? And what cauſe could they, or can any other Court determine by virtue of their Commiſſion, without the Kings Writs, but is Actionable by the Kings Writs? What doth this Statute give by virtue of this Commiſſion, if all things Actionable by Writs, be not determinable by theſe Commiſſions, without Writs? And what doth this Statute avail, if not conſtructable as others, ſo that there ſhould be no failer of juſtice? Where was the failer of juſtice, but in the Kings Courts, and Iudges, in not executing juſtice upon the Of­fendors of Magna Charta? Doth it not therefore appear that the ſaid clauſe (Where no Remedy was before) ought to be expounded, where no remedy was given before by Iuſtices in Weſtminſter againſt the Kings Ser­vants, and themſelves, that were the greateſt contractors in the breaches of Magna Charta? Were not the Iuſtices in Eyer therefore inabled with a power to ſupply their de­faults82 faults, and to do right to the People, againſt the King himſelf, and all his Servants at Weſtminſter, that wilfully failed in their juſtice and power? And where he ſaith; The Juſtices called, Trail Baſton, had like autho­ritie as Juſtices in eyer, and commit­ted Errors, & upon pretence thereof, had all their proceedings transported to the Kings-Bench; doth it not appear by the Statute called, Ragman, that thoſe Iuſtices were made by the King, without the conſent of the people, and ſent abroad (perhaps of purpoſe) to err and abuſe the peo­ple, to give colour to the Kings-Bench, to ſend their Writs of Error, for the proceedings of the Iuſtices in Eyer (upon pretence of like Er­rors) ſo to ſuppreſs all Iuſtice againſt themſelves, and their Creatures? Doth not the Lord Coke here withal prefer the chargeable delaies of cauſes (ſpun out by Termes, and Years,) before ſpeedy juſtice done day by day, at mens own doors, which he calleth, Piecipitat? Doth he not ground this courſe, for ſup­preſſing ſpeedy juſtice by Writs of Errors, upon the reſolution of the Iudges at Weſtminſter, which he al83 leadgeth as ſufficient to maiſter Au­thority given by Act of Parliament? And is it not the reſolution of all Lawyers, that no power but Parlia­ment, is equal to Parliament, and no Parliament to be ſo impowred as to croſs Magna Charta, and its Confir­mations? Doth he not further (ſol. 559.) alleadge the reſolution of all the Iudges of England, againſt the King and his Councel, for an Errone­ous Act, when they had choſen a Sheriff for Lincoln in a caſe of neceſſi­ty, without the conſent of the Peo­ple? But to haſten this Treatiſe to an end, I ſhall end this Statute for this time, with few chapters follow­ing, viz.

The King hath granted unto his people,
Cap. 8. Elect. of She­rifts.
that they ſhall have Election of their Sheriff in every Shire (where the Sheriffalty is not of the Fee) if they liſt.

I ſhall ſay no more to this, than hath been ſaid before.

In ſummons and Attachements in Plea of land,
C. 25. Sum­mons & A. ach.
the Whits from henceforth ſhall contain 15. days full at the leaſt, after the Common Law, if it be not in Attachement of Aſsizes84 taken in the Kings preſence, or of Pleas before Iuſtices in Eyer, du­ring the Eyer.

Upon this I muſt ask,Expoſt and Quer. Is not a Writ of Debt, Summons? Should not that be given to the party which ought to be ſummoned? Should not an Attachement follow by diſtincti­on of 15. days, as this Statute pre­ſcribeth? Shall the repealed Statute of the 25th of Ed. the 3d, ſerve Law­yers turns to make a diſtinction be­tween a Plea real, and Perſonal? And ſhall that Writ of Summons be counterfeited, either in it ſelf, or in its return, as aforeſaid.

Such Executions ſhall be done of them that make falſe Returns of Writs,
Ca. 16. Falſe Retur. of Wr.
(whereby right is deferred) as it is ordained in the 2. Statute of Weſtminſter, with like pain, at the Kings commandment.

This is an Act of Confirmation,L. C. upon Ca. 16, f. 568. whereby the Statute of Weſtminſter the 2d. cap. 39th. touching falſe re­turns, is confirmed.

Doth not the 2d Statute of Weſt­minſter cap. 39. ſay,Expoſt & Q. That the King hath commanded that Sheriffs ſhall be85 puniſhed by the Juſtices once or twice if need be for ſuch falſe Returns? and if they offend a third time, none ſhall have to do therewith but the King, & c? Doth not the Court of Kings-Bench aſſume the King to be always there in Perſon? And what they ſpeak, to be his own ſpeech? Is it not they therefore that ſhould puniſh Sheriffs for their falſe Returns, the third time of their offence? But is it not in­deed they, and their Creatures, as well as thoſe of the Common-Pleas, do make falſe Returns in the names of the Sheriffs of Lndon, and Mid­dleſex, and do conſequently make thoſe Sheriffs liable to Actions, as a­foreſaid? How can they puniſh thoſe Sheriffs for thoſe falſe Returns, which they themſelves ſuffer their Clerks to make, unknown to the Sheriffs, as aforeſaid? And who but they cauſe, or ſuffer all Sheriffs falſly to Return Exigents with the words, Per judicium Coronatorum, and the Coroners names, who know no ſuch thing? And if any man be Out-lawed without the judgement of the Coro­ners of his County, or any mention made thereof in the Sheriffs Return, is not that Outlawry as injurious to86 the Party, Perjurious in the Judges who admit ſuch a Return, and pro­ceed upon it, and as Illegal in the Sheriff that makes ſuch a Return, and as different from due Proces of Law, as the other? And do not thoſe falſe Returns filed upon their Re­cords, make all their proceedings thereupon, falſe, and faint Actions as aforeſaid? And if all before writ­ten be not ſufficient to make it ap­pear to the world, that they are not onely Forgers, Perjurers, and A­nathema's themſelves, but alſo the onely cauſers of all others to be, or be accompted the like? And that their Lives, Lands, and Goods, are in the immediate diſpoſe of the pre­ſent State, by the judgements and confeſſions of their own mouths? Behold their Oath, which they vo­luntarily take when they aſſume their places, whereby they binde themſelves further, before God, and man, as followeth, viz.

Ye ſhall Swear,
The Oath of the Kings Judges
that well and lawfully ye ſhall ſerve our Sove­reign Lord the King, and his peo­ple, in the office of Iuſtice, and that lawfully ye ſhall Counſel the King in his buſineſs, and that ye ſhall not87 councel, nor aſſent to any thing which may turn him to dammage, or diſheriſon, by any manner way, or colour. And that Ye ſhall not know the dammage, or diſheriſon of him, whereof Ye ſhall not do him to be warned by Your ſelf, or by other. And that Ye ſhall do even Law, and Execution of right to all his Sub­jects, rich, and poor, without ha­ving regard to any perſon. And that You take not by Your ſelf, or by other, privily, nor apertly, gift, nor reward of gold, not ſilver, nor of a­ny other thing which may turn to Your profit unleſs it be meat, or drink, and of ſmall valure, of any man that ſhall have any Plea, or Proces, hanging before You, as long as the Proces ſhall be ſo hanging, nor after the ſame cauſe. And that Ye take no Fee, as long as Ye ſhall be Iuſtice, nor Robes of any may, great or ſmall, but of the King himſelf. And that Ye give none adviſe, nor Counſel to no man, great nor ſmall, in no caſe where the King is party. And in caſe that any of what Eſtatt or Condition they be, come before You in Your Seſsions with Force, and Arms, or other ways againſt the Peace, or againſt the form of the Statute thereof made, to diſturb Execution of the Common Law, or to manace the people that they may not purſue the Law, that Ye do their Bodies to be Arreſted, and put in priſon: and in caſe they be ſuch, that Ye may not Arreſt them, that88 Ye certifie the King of their names, and