Juſticia Preſtigioſa, OR, Iudges turned Iuglers. To the Honourable Aſſembly of the COMMONS HOVSE OF PARLIAMENT.
Aeneid Et vacat Annales Anglorum audire laborum.
The humble〈◊〉of Robert Smith tending to Refo••ation of a grievance ſo publike that〈◊〉King nor Subject having poſſeſſions but are concerned therein, not containing matter of Law to amuſe this Honourable Aſſembly, but〈◊〉and juggling demonſtrable by a Record of diviſion of ſixteen Houſes by Commiſſion of the Court of Exchequer, againſt Sir〈◊〉Davenport Knight, Lord chiefe Baron, Baron Trever, and Baron〈◊〉, of the ſaid Court, Richard Co•ford and his Councellours, whereby the third part of the Houſes being the petitioners inheritance divided from the other two par••of the ſaid ſixteene houſes, and as a third part ſo enjoyed theſe ten yeares〈◊〉, and not claimed by any; is••oducted from the Petitioner, and In return natura not to be found.
SHewing that the Petitioner being ſeized in Fee, of the third part of theſe ſixteene Houſes into three parts to be divided, called the Wall Nuttree in Sotthworke, as Tenant in Common with Arthur Torth, His Majeſties Leſſee of the other two parts, one Richard Cosford in 2. Car. exhibited his Engliſh Bill into the Exchequer againſt the ſaid Yorth, thereby claimeing in right of his Wife the two parts, and queſtioning the validitie of an inquiſition, whereby his Majeſty was intituled to the two parts: and becauſe〈◊〉Writ of partition lay in the King•caſe obtained Or•er 18. Movemb. 7. Car, for a Commiſſion by a Iury impannelled in due forme of Law, to ſet our and divide theſe 16. houſes in three equall parts, whereby 15. of them were ſet out for his Majeſties two parts, and the ſixteenth and•aſt houſe in the deviſo•named the Wall-Nu•tree, in the Tenure of Robert Willmott, of 35. l. yearly Rent was ſet out for the third part of the ſaid ſixteene houſes, as by the Com. returned by the Commiſſioners, and Iury of Record, in the〈◊◊◊〉.
That 2d Iunij 11 Car. the Court upon full hearing, having diſcoveredThe proceedings, or Iu•gling. a pract•co in Cosford and his Co•ncell: for that C•sf•rd by Order of 31. Ian. 5. Car:〈◊〉barred to proc•ed or qu•ſtion the ſaid Inquiſition, did not witſtanding 18. Nov. 7. Car: being two yeares after, upon wro•g in•orming the Court by his Councell, that he only claymed the third part of the ſaid 1•. houſes, and the defendant the ſaid other two parts obtain Order for ſetting the ſaid 15. houſes, as the two parts ſo divided in the defendant, and the ſaid Meſſageth third part in him the ſaid Go•ford, whereby the Petitioner no partie to the ſuit, nor his ſaid third part queſtioned, was not with〈◊〉by Injunction of the Court owted for three yeares, from the ſaid Meſſage his third part. Ordered upon the ſaid 2d of Iune, 11. Car: that the Petitioner ſhould bee forthwith reſtored to the ſaid third part, of the ſaid 16. houſes, and to the〈◊〉profits thereof, wrongfully withheld by Carford, by colour of ſuch Injunction, notwithſtanding any fo•mer Order, and in purſuance of that Order, C•sford by a relative Order of 6. 〈◊〉12, Car: ſtood committed for breach of the ſaid finall Order, of 2. Iuni•, 11. Car: and untill he yielded obedience thereunto.
That〈…〉Order, the Petitioner was by a•other〈◊〉Order〈◊〉14〈◊〉,〈◊〉Car: reſtored to the ſaid Meſſage his third part, by an Injunction to the Sheriffe, which having〈◊〉quietly ſeven yeares, and probably preſuming of no farther〈◊〉, by like practices did improve it by building to the double〈◊〉of the other〈◊〉part〈◊〉Cosford about the beginning of this Parliament, or〈◊◊〉for the two parts,〈◊〉(as by the〈◊〉appeared) 〈◊〉another like ow•er of the Petition from the ſaid Meſſage, upon his ſaid clayme, to the ſaid two parts in his Petition to this Honourable Aſſembly, having obtained ſome opiniō or Reſolve of this houſe, inabling him to proſecute for triall of his Right to the ſaid two parts at Common law, and thereupon two deriveative Orders of the Exch•quer upon his old Bill, the one of 8. Iulij 17. Car: the other of 1. Febr. 17. Car: for him to ſeale a Leaſe upon the two parts for triall of his Title, in that Court by an Ejectment, whereunto the Defendants were to appeare gratis and plea•, the ſaid Cosford in abuſ•and co•tempt of both Cour•s and Order thereof, did not ſeale ſuch Leaſe upon any the ſaid fifteene houſes the two parts, as by both Courts he to ſtood ordered,〈◊〉upon the ſaid Meſſage, the third part ſo devided reſtored and improved by the Petitioner, then in poſſeſſion of the ſaid Willmott, Tenant of all the 16 houſes the three parts. And in Hillary Terme was two yeare having declared in the ſaid Court in the name of his Loſſe. Banfield againſt the ſaid Willmott ſo handled the matter between them, by collution for their owne ends, to place the triall upon a wrong houſe, that albeit, by neither of th•ſe Orders, nor any other Order or Proceſſe, Wilmott was not bound either to appear or plead to ſuch action, yet both appeared gratis, & by colour of the ſaid Orders pleaded thereunto, and ſo farther proceeded that in the beginning of Midſummer Term then next following, by colour of a Iudgement had in that Action, the ſaid Wilmott was ev••ed, and the ſaid Leſſee of Cofford put〈◊〉poſſeſſion by the ſheriffe, this Petitioner thus being the ſecond time outed from the ſaid Meſſage, and ſo remaining to his damage of 200. markes.
Further ſhewing that before any triall by ſuch contempt and colluſion the Petitioner in prevention of this laſt Ow•er in March was two yeares, cauſed C•sforid to be apprehended by the Warden of the Fleet, by force of the ſaid Order, of 6〈◊〉12. Car: untill he yeilded obedience to the ſaid finall Order of 2d. 11 Car and permited the Petitioners quier, enjoying the ſaid Meſſage, and payment of the ſaid meane profits, but being brought by Heb-Corpus before Baron Weſton, was by him〈◊〉larged upon his bond to appears in Faſter Terme then next, at which time upon his appearance hee was diſcharged without any obedience to the ſaid finall Order, or any other cauſe appearing in the ſaid Order of diſcharge, of 29. Apr. 18 Car:
That in farther prevention of the ſaid laſt ow•er, and divers29 Apr: 18. Car. dayes before the triall, the Petitioner moved the Barons in C•urt for Recommitment of Casford, untill hee yielded obedience to the ſaid finall Order of 2d. Iunij. But the Barons, averring point blanck contrary to the ſaid Record of Deviſion, that that the•ryall was for the two parts 13. Maij 18. Car. Ordered the ſaid triall to proceed upon the then next Friday, whereby the Petitioner was ſo owted again from the ſaid meſſage his third part. 13 Maii. 18. Car.
Whereby it appeareth that by theſe two ſeverall contempts, and abuſes of both Courts by the Parties to this ſuit upon a Bill of 20. yeares antiquite exhibited for the two parts but never proceeded to triall, or••all decree; that the Petitioner no party to the ſuit, nor his third part ever queſtioned in either Court, yet by contempt and abuſe of both Courts and Orders aforeſaid, hath to the high diſhonour of both Courts by impoſture of the Barons evidenced by the ſaid Deviſion, the only Liber•udex of the parts, been thus often turned from a Tenant in Common, to a Tenant in ſeverall, and to no Tenant at all.
The offences charged for which the ſaid Barons hereby appeare worthy to be cenſured are;
FIrſt for arrogating to themſelves Iu•licature of Land not within the juriſdiction of that Court, to hold plea being no part of His Majeſties Revenew but the Petitioners inheritance, and ſo adjudged by them as appeareth by the ſaid finall order of 2 Iuvij.
2. For evi•ting him by that order of 18. Nov. 7 Car. upon bare information of Councell not preſidented by any other Court of Iuſtice.
3. For twice evicting him from Land not in queſtion before them.
4. For evicting him being no party to the ſuite.
5. For inlarging privately a Deliuquent committed for contempt of an equitabl•Order by themſel•es in open Cou•t upon full hearing by a Common Law of Haib. Corpus, and afterward diſcharging him as aforeſaid. not unlikely that incong•uous Painter in Horace, Humano capiti &c.
6. For their bold and untrue averment of the parts contrary to the ſaid deviſion, and whereupon the Order of 13. Maii 18. Car. for the ſecond onſter was grounded.
7. For evicting the Petitioner the ſecond time by colour of the ſaid Reſolve of Parliament made thereby a ſtall for corruption and injuſtice.
8. Laſtly ejucting him by the ſaid Order 13. May 18 Car. from that Meſſages as part of the two parts whereunto by the ſaid finell Order of 2d. Iune, they had formerly reſtored him as the third part in one and the ſame deviſion, Secum diſſidentes, by a Mod, Ajun•modo negant.
The dammages ſuſtained by wilfull ruines and felling away the very P•ſts and materialls by Cofford during the three yeares, hee held the Inn after the firſt onſter. — 300 l.
The meane profits for thoſe three yeares after the rate in the diviſion of 35 l. yearely Rent ordered by the ſaid finall Order of 2d. Inn, to bee reſtored — 105 l.
The meane profits ſince the laſt owſter for a yeare and quarter at 65 l. Per aunum — 080 l.
The charges unneceſſarily expended in a ſui•e of fifteene yeares continuance in matter and faire practice ſo little concerning the Petitioner. — 500 l.
His moſt humble prayer for himſelfe is that according to that juſt Order of 2d. Inn. (whereto no exception hath been taken) hee ma•be reſtored to the ſaid Meſſage with the ſaid dammages, and coſts wherein if Cofford prove inſolra•t, that by reaſon of ſuch illegall inlargement•〈◊〉•ſaid Barons, as Par•icipes〈◊〉, may bee reſponſall and that however Coffords Co••ell by impu•ity thus licenc•ate in their wrong information and by Affid appropria•i•g the cauſe, though alſo Barons in expectation may eſcape the ſword of Iuſtice, yet that the plaintiffe termed by Maſter Attorney, Noy cerdo negotiator, or Cobler of the Wall, Nutt-Tree, who for refuſing a Dicker of Leather for his Tittle to the two parts, was thought fit to be baniſhed, may now be baniſhed for making no better uſe of his Bill.
And how ever Iuridicis erebo fiſco fas vivere rapto, may perhaps ſeeme to Gent. of the long Robe falſe or ſcandalous, yet upon Oyer of theſe Records, it will fall out too true, that theſe three met upon this diviſion of three where wrong informing the Court by the Lawyers, belying the Innocent Record by the Iu•ges; The Devill Moderator ſo well agreed the caſe between them, that this Naboth was thus twice diſſeized by a Court of Iuſtice.
And certainely Right Honourable if Ex preſcripto Moſaico, the judgements of men be the judgemen•s of God, and Munera o••acant〈◊◊〉; be po•itive againſt theſe〈◊〉, thus twice loſt in premo numero imparium, and if diſſolution of States and injuſtice are ſo〈◊◊〉, that becauſe Omnia Roma venalia, Iugu•th in Saluſt truly denounced againſt that great Miſtreſſe of the world, Ʋrbem ci•o p•ritu•am, a ſufficient Caveat for Deviſis or be Brita••againſt their fel••deviſions and diſtractions, h•d the Maſaicall lapidacon Perſtian excoriation, the Roman Inſuiſion, or〈◊〉exocculation, for ſuch occaecation been put in execution againſt our Municipall Scarlets lately noted, more licenciate then Civillians, who although alſo wading in theſe lay ſtalls of Augeus (ſilly men) in their ſentences never dared traduction of Iuſtice beyond matters opineable, whereas thoſe bold Barons in defiance of God and N•ture throwing at no leſſe the•all, thus have with their Religion〈◊〉the viſuall ſence, becomming thereby Stocks, and Subjects of ſcorne to, Martialls mugiles Raphanique, Nominall Actors of injuſtice in Mercurius Britannicus, and by Biſhop Hall, Cambrobritanous Owen, and indeed by every weltch Epignani••ſt, expanded the only perſons, who by their deviſions make all their Termes Hillary, although to the ruine and diſhonour of this otherwiſe moſt fl••riſhing State, wherein how deeply they have offende••both divine and humane Lawes, and for the common good what exemplary puniſhment ſhall be thought fit and agreeable with their demerits, the Petitioner humbly leaves to the high wiſdome of this moſt Honourable Aſſembly; For whom he will pray.