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THE NEW Returna Brevium, Or the LAW returned from WESTMINSTER And reſtored in brief to its Native, Antient, and Proper Habitation, Language, Power, Puritie, Integritie, Cheapneſs, Briefeneſs, Plainneſs.

Reſcued out of the Sacrilegious hands, barbarous diſguiſes, aenigmatical intricacies, lucrative conſtructions, extorted verdicts, falſ Judg­ments, & bribeful Executions of her perjured Impo­ſlors, falſ Interpreters, Iailers, Catchpols, Attorneys, &c

Whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (Although to bee found in larger Volumes) for cheapneſs to the Generalitie to inform themſelvs what is their Rights.

Written by John Jones of the Neyath in Com. Brecon Gent.

Micha. 6. v. 8.

He hath ſhewed thee O Man, what is good. And what doth the Lord require of thee, but to do juſtly, and to love mercy, and to walk humbly with thy God.

LONDON, Printed by William Du-gard Anno Dom. 1650.

TO The right Honorable Oliver Crumwell LORD Lievtenant of IRELAND &c.

Heroïck Sir!

LOng and earneſt have been the de­ſires, and praiers of many thouſands of faithfull hearts for your ſafe and happie return into England, which God for his own glorie, your honor, and our comforts, hath now opportunely brought to paſs with ſuch teſti­monies of his bleſsings upon your actions, ma­nifeſted by your ſucceſ­ſes in his battails, as may beejuſtly terrible to all his, and your Ene­mies; and truly joyfull to all his ſervants, and your friends; of whom it is to be feared, that as God hath but few firm in his election, ſo you have but few faithful in your aſſiſtance. Be plea­ſed therefore that it may bee inquired in the Aſ­ſembly, vvhoſe promiſes to your ſelf, and your de­pendants, vvhoſe Votes in publick, and Vovves in private have moſt vvilfully failed you and yours: I ſhall not pre­ſume to inquire vvhat breaches have bin made of performances in mat­ters moſt nearly concer­ning you, and your Ar­mie beſt knovvn to your ſelf: but vvhat hath been performed of thoſe promiſes made to you, and your Armie for the relieving of your dai­ly Orators, Priſoners for Debt, vvrongfully re­ſtreined, contrary to Magna Charta, and all the true Lavvs of the Land, vvhich men ſitting in Parliament publickly profeſs, and have often ſvvorn to maintein: what ridiculous Acts even thoſe men have made to delude you and your Orators, their own and all Gods people, to croſs thoſe Laws more then before, and to ſup­port their extortions, & mercenarie practices in all the waies of Inju­ſtice, in an higher mea­ſure than their Predeceſ­ſors: what Juſtice can be expected from ſuch Juſticers? what merci can bee exſpected from God to continue upon that Land that ſhall ſuf­fer ſuch Mountibanck-mock-lawes to live, much more to ſit, and bee Legis-lators amongſt them? oh! let ſuch buy­ers & ſellers of Law & Juſtice bee thrown out of the Temple, and the Houſ of the Lord bee purged of ſuch abomi­nations. The valiant and Religious Patriot Colonel Pride (in your abſence) indeavoured to work ſom proportion of grace into thoſe men, to foreſee and prevent their own confuſion; but the Adders would not hear: O make them (Sir!) make theſe ſubtile Serpents innocent a­gainſt their wills; un­ſting them, unskin them; for their Caſes are far more precious then their Carkaſes. I have here following demon­ſtrated their uſeleſſneſs in this Common­wealth? which may it pleaſ your honor to peruſe at your leiſure, protect in your favor, correct in your wiſ­dom, and Act in your Juſtice; ſo God ſhall fur­ther proſper you & your poſteritie, the Commonwealth honor you and them, and with the reſt of your Orators, and theirs, I ſhall bee ever yours to Command du­ring life,

John Jones.

THE NEW Returna Brevium; OR The Law returned from WESTMINSTER &c.

DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diverſitie of their opini­ons, and ſelf-ends premiſed therein; for the effecting whereof, they would have their ſeveral Propoſitions diſputed; ſom for Alterations, others2 for Additions, others for Sub­ſtractions; all for Corrections; but few or none knowing how to mend Magna Chart. more then Magnificat; nor real­ly ſtudying, but how to marr both. Obſerv how the work directeth it ſelf how it would bee don: For as ſaith the Mir­rour of Juſtice written by Horn in King Ed. the 1. his time pa. 8. It was ordeined (viz. by King Alphred long before Mag. Chart. or the Norman Conqueſt) that Right ſhould be don from 15 dayes to 15 dayes, before the King and his Iudges: and from moneth to moneth in the Counties (if their largeneſs re­quired not a longer time:) And that every three weeks, right ſhould bee adminiſtred in other Courts. And every free Te­nant3 had ordinary Iuriſdiction, &c. And before pa. 1. The Sheriffs and Bayliffs cauſed the Free Tenants of their Baily­wicks to meet at the Counties and hundreds, at which Ju­ſtice was ſo don, that every one ſo judged his Neighbor, by ſuch judgement as a man could not elſ-where receiv in the like caſes, until ſuch time as the Cuſtoms of the Realm were put in writing, and cer­tainly eſtabliſhed. And al­though a Free-man commonly was not to ſerv without his aſſent; neverthe-leſs it was aſ­ſented unto, that Free Te­nants ſhould meet together in the Counties, Hundreds, and Lord's Courts (if they were not ſpecially exempted to do ſuch Suits,) and there they judged4 their Neighbors. And again pa. 8. It was ordeined, That every Plaintiff have a remedial Writ from the King (who reſerved all Pleas of the Crown, and above 40 s to himſelf) to his She­riff in this form.

Queſtus eſt nobis &c. viz Com­plaineth to us A. that B doth him ſuch and ſuch wrong, Wee therefore committing to thee our Turn in this behalf, command thee to hear and determine that cauſ. Their Ju­rors were Iudges: And why do Judges now at Weſtminster (that can bee no more abſolute Judges by their Commiſſions, then Re­corders of Cities by their Charters, Sheriffs in Counties and Stewards in liberties were by their Writs, at this time when Free Engliſh men under­ſtood their laws then known5 and practiſed in Engliſh) uſurp more then thoſe Judges did, or theſe ought? viz. to bee more then onely pronouncers of the ſubſtance of Jurors verdicts aſ­well for Law as Fact; which pronunciation is and ought to be but as a Declaration of Kings aſſents to the due execu­tion of that Law, which they and their people agreed upon in the great Charter, and its confirmation; to let the people know by theſe Judges, that then were, and ſtill are, and ought to bee called the Kings or the States, as authoriſed by their Writs and Commiſſions to pronounce their Maſters con­ſents for their parts to convict the partie guiltie as the Judges of the people (viz. the Jurors do by their verdicts, which are6 or ought to bee their true ſay­ings both for Law and fact for the peopl'es part & their own; which conſents of Kings or States now called Judgements (becauſe a ful conviction of the guiltie of both parts) if de­nied or delayed after verdicts, to bee pronounced there accor­dingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an aliàs plur and Attachment ought to bee granted by the Chancery-States, as you ſhall finds in Fitz nat. br. fo. 143. to impriſon them till they do it, which is not uſual­ly don by themſelvs in every cauſ in Court, but by the pro­tonotarie of courſ entred up­on Record, unleſs reſpite bee required upon good cauſ ſhew­ed. 7And the execution vvhich ever iſſueth in the name of King or State relateth to the Judgment, Conviction, vvhich implyeth both the Judgements of Kings or States and people as aforeſaid.

Would not therefore the common practice of the Lavvs and their pleadings in Engliſh as at firſt they vvere bee more commodious and uſefull to in­ſtruct all underſtanding En­gliſh men for their ovvn good to becom experimental ſuffici­ent Lavvyers in their ovvn cau­ſes, then the modern cuſtom of hotch potch French and Latine impoſed by Lavvyers for their ovvn gain to inſtruct fevv o­thers of their ovvn generation, to cheat the univerſalitie of the Nation of their rights and un­derſtandings,8 and make them­ſelvs, and their Counſels moſt learned in others affairs.

And again, That every one have a Remedial Writ from the Kings Chancery according to his plaint, without difficultie, and that every one have proceſs from the day of this plaint, without the Seal of Judg or par­tie. And again pa. 10. That af­ter a plaint of wrong bee ſued, that no other have Juriſdiction in the ſame Cauſ before the firſt plaint bee determined &c. And again that al the King's Courts ſhould bee open to all plaints, by which they had original Writs without delay aſwel againſt the King or the Queen, as againſt any other of the People, for every Injurie, but in caſe of life, where the plaint held without Writ: Why all at Weſtmin­ſter9 ſit not betvveen terms? And all elſvvhere all the year long? Certiorari's, Corpus cum cauſsa, ſup­perſedias, &c. iſſued thence, till the Judges at Weſtminſter can bee there at leiſure to determine all matters, vvhich the multiplicitie of rich mens cauſes ſo mono­polized thither cannot afford the poor to end theirs vvhile they live commonly.

And again page 11. That all Free Tennants ſhall bee obe­dient, and appear at the ſum­mons of the Lord of the Fee; And if a man cauſed another to be ſummoned, elſwhere then in Fees of the Avowants, or oftner then from Court to Court, they were not to obey ſuch Summons. Why then ſhould any Free-holder of the Coun­tie of Middleſex, or any libertie10 thereof (except Westminſter, and St Martins legrand London) ap­pear upon Summons at Weſt­minſter-Hall, vvhich lately vvas the Fee of the Dean and Chap­ter of St Peters, and novv is at the States diſpoſe, to vvhom they pleaſ.

And again page 12. That the Lords of Fees might ſum­mon their Tenants by the Award of their Peers, to the Lord's Court, or the County, or the Hundred, at all times that they detein, or denie their ſervices in deed or word; and there they ſhall hee acquitted, or forfeit their allegiance and all their Tenancie with the appurtenances, by the judgement of the Suitors. And per contra, the Lords doing wrong to their Tenants, ſhall forfeit their Fee to the Chief Lord, by the ſame judgement. Obſerv the Free­men11 of every libertie then were, as ſtill they ought to bee Jud­ges of their Lords for their fees, aſwel as their other neighbors for their tenancies, and to end their differences there within their proper Fees reſpectively; and why not ſo ſtill? And ſo let the chief Officers, Juſtices of Peace, and others of the Libertie of Weſtminſter ſuffice for Judges for that precinct.

And page 13. That offen­dors guilty of death ſhould not be ſuffered to remain among the guiltleſs. Why Convicts for fe­lonies, &c. in Newgate &c. amongſt priſoners for debt?

And that the Goods and Chattells of Vſurers ſhould Eſcheat to the Lord of the Fee. This law reſtored, would enrich the Common-wealth, purge it of12 many moths & Cankerworms, and teach men to live by their own labors, and not by others.

And pa. 14. That none ſhould bee ordeined Miniſters above the number of Churches; and that the poor ſhould be ſuſteined by Parſons, Rectors, and Pariſhioners, ſo that none ſhould die for want. How many die ſo daily now adaies within e­very pariſh and parſons view? So much and more affirmed by Maſter Horn to bee the Common unwritten Lawes and Cuſtoms of England be­fore Magna Charta; the Lord Coke in his preamble to his In­ſtitutions upon it, ſaith, It is but a written Charter, or De­claration in writing of the an­tient laws of this Land, agreed upon by King and People to bee publiſhed, and preſerved invio­lable13 on both parts for ever, and no new law made. Hereby further appeareth what hath been ſaid of the agreement be­tween King and People, that none ſhould be judged by the Kings Judges but by verdict of their Peers, called in this Charter due proceſs of Law. In and by the 9th Chap. of which Charter, it is declared, That the City of London ſhall have the old Liberties and Cuſtoms which it hath uſed to have; Moreover wee will, and grant that all other Cities, Bur­roughs, Towns, and the Ba­rons of the 5 Ports, and all o­ther Ports ſhall have their Li­berties, and free Cuſtoms. Are not all theſe Liberties and Cuſtoms grown obſolete, and daily over-ruled at Weſtminſter? 14And in the firſt confirmation of the ſaid Charter 25. Ed. 3. ca. 2. It is further declared, That all Inſtices, Sheriffs, Majors, and other Miniſters having the Law to guid them, (viz. Mag. Chart. Foreſt, then written and publi­ſhed) ſhall allow the ſaid Char­ter to be pleaded before them in Judgement: and cap. 2. That if any judgement ſhall bee given henceforth contrarie to the points of the great Charter, it ſhall be undon: where upon (ſaith the Lord Coke) the Laws of the Realm have the office to guid the Judges in all cauſes that come before them, in the wayes of right Juſtice, which never yet miſguided any that certainly knew them, and truly followed them.

By theſe Collections of Mr.15 Horn before Magna Charta, and Confeſſions of the Lord Coke ſince, ſufficiently appeareth That the Laws (if publiſhed to the people as they ought) would bee ſufficient to guid them all, in all the right wayes of Juſtice. But the Juſtices at Weſtminſter that would guid the Laws, as Popes Scriptures, by their own Interpretations, ha­ving purpoſely diſguiſed them in Pedlers French, and barba­rous Latine, that few but themſelvs can conſtrue; and forms ſo errorable as they can deviſe for themſelves to mend when they liſt; which hapneth ſomtimes for the rich, but rare or never for the poor; and thereby denying, delaying, and ſelling Juſtice at their own rates; And their Frye, ſitting16 in the houſ, are the ſubverters of the Laws, as their Prede­ceſſors alwaies were, and there­by the continual cauſers of all the Civil Wars of Eng­land; and beſides all that, (under color of Juſtice) murtherers of more Engliſh men then all the Wars, Plagues, and Famine, vvhich reigned in their times, deſtroy­ed vvithout them: Witneſs their Statutes made and main­teined againſt Magna Charta, for their murthering of Deb­tors in Priſons, vvith tortures and famine, vvhen their extor­tions and their Gaolers have left them no means to buy bread: And for the unlavvfull divorcing, ſcattering, and ſtarving of their Wives and Children by the bargain, and17 robbing their Creditors of thoſe means that ſhould pay their Debts in part, or all; and for protecting of Cheators, that take their Priſons for Sanctuaries, to leav ſo much of other mens eſtates with the right owners curſ and their heirs, to their poſteritie, as their Judges and Gaolers extortions and their own riot cannot conſume in their owne time; As alſo their laſt Acts formerly mentioned for releaſ of Priſo­ners, which intangle their bo­dies and ſouls more then be­fore; And many other Statutes to intricate the Laws with ſuch contrarieties, as none but ſuch as have the Genius of their makers can reconcile: which when it is don, tendeth wholly to make themſelvs18 great and rich, and the People their ſlaves and beggers.

For Remedie whereof, it is to be deſired in the name and right of the publick, that the Houſ would bee pleaſed to bee ſwept and clenſed of ſuch cobs, and cob-webs, and to vote and vomit out of the ſanctifi'd bow­ells of that ſacred Senate thoſe execrable excrements that poiſon their intrailes, and de­liver them to publick Juſtice, which their ravenous lives, and extorted poſſeſſions ſuffice not to ſatisfie; but may in Gods mercie appeaſ his wrath, ſtay his Judgement, and expiate this Land of that wickedneſs which they have wrought among us, and accumulated upon us.

This don, The work fol­loweth, and teacheth it ſelf19 how it would be don as afore­ſaid; declaring it ſelf that fru­ſtrà fit per plura, quod fieri poteſt per pauclora: vain is the labor of many workmen, where few may ſerv the Turn with far leſs charge, and more conveniencie. And breiflie, vain, expenceful and too burthenſom to this Common-wealth are the ſeve­rall Courts hereafter mentio­ned, upſtarted over us, one after another, ſince the firſt publiſh­ing of Magna Charta, as Here­ſies ſprung immediately after, if not with the firſt preaching of the Goſpel: viz. Out of the Court lately called the King's Bench, iſſued the Common-Pleas, and the Eſchequer, which took their leav of it in Magna Char­ta, and left it to follow the King; and ſo I conceiv it20 ought to do ſtill, for that there is no uſe rightly to bee made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Ma­gna Charta ſaith were wont to bee determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Cor­porations, and countrey Jud­ges in Signiories, which had ju­ra Regalia; all which now, Juſti­ces of Peace having more power in matters determinable by common Law, then Juſti­ces in Eire had (if rid of the ſovereigntie uſurped over them by their fellow-Juſtices, their Certioraries, &c.) may eaſ of much labor. Moreover, the chief Juſtice of this Court ought to bee but the King's de­putie by writ; and no King in21 beeing, no ſuch Deputie can bee. Hugh de Burgo Earl of Kent, chief Juſtice under King Henry the 3d took his oath with his Maſter, to obſerv and main­tein Magna Charta, and ſoon after perſuading the King to break it, became the firſt Per­jurer of his place in that point; as the Lord Cook upon Art. ſup. Chart. declareth at large. Since which time, the practice of this Court, beeing but to murther debtors over whom it hath no juriſdiction, and con­ſequently perjurie and injurie to the Common-wealth; why may it not bee ſpared as well as the King? While (as ſaith the Lord Cook afore-ſaid) all Majors, &c. have the Law to guide them, and now Engliſhed unto them, where then can bee22 the deſect of Juſtice, but in the Juſtices (as before) that will not execute them? ſince it is Law it ſelf that the Laws are to bee interpreted ſo, that there ſhall bee no failer of Juſtice to the people. And few or no Laws beſides Magna Charta, and it's confirmations, will ſerv to do that without thoſe ſuperfluous number of volumes which Lawyers have contrived for their own Reports of Caſes, and craſtie diſputes, arguments, and cavils paſs'd among them; but to bee uſed by ſuch as have minde and leiſure to read them, as Divines may the Works of the wantoneſt Po­ëts, to pick out their flowers for their Pulpits, and leav their ſcurrilities to others of their Autor's genius. Or as Interludes,23 in which all parts were not all bad, and though all prohibited to bee publickly acted, yet may Terence bee read in Schools.

And may not thoſe Statutes that relate to the Juſtices of ei­ther Bench, &c. bee executed without them, aſwel as thoſe that relate to the Biſhops, are without them? And this Court thus ſpared, will ſpare the Common-wealth in fees and extortion above five hun­dred thouſand pound per An­num, beſides unknown bribes, and their known ſalarie of 4000ll. per Annum, as Sir John Lenthal and his 4000 priſoners or thereabouts, between Thule and Callicute; and Mt Henley with his hoſte of Scribes, whoſe Van is at Michaël's mount, and Rear at Barwick, (if convented,24 and compell'd to conſeſs truth) can declare at large.

The Chancerie was no Court of Judicature, nor perſonated by a Lawyer, but commonly by a Monk, or Biſhop, (as wee have ſeen lately in England and Ireland) whoſe office was to follow the King with the Seal, and to ſeal Writs gratis at the King's coſt, as the Lord Coke affirmeth, and Raſt. fol. 65. citeth the Statute of Art. ſuper chart. and ſheweth that the breaches of thoſe Articles were the firſt thing given to the power of the Chancellor to judg of (who beeing likely a a Biſhop, had charge as a Biſhop by virtue thereof, to excommu­nicate the breakers thereof:) In the 36th year of the reign of King Edward firſt, cap. 4to from25 which little fountain ſprung that Nilus that ever ſince over­floweth all England, not onely once every ſeven years, but ſeven times at leaſt in every year. The Chancerie (a Court of Conſcience forſooth) raiſed up­on pretence of equitie, and re­lief to ſuch as complained of oppreſſions againſt the breakers of this Statute, which vvas the firſt confirmation of Magna Charta; and no ſooner thus rai­ſed, but it deſpiſed both its rai­ſer, and the cauſ, extolled it ſelf, and overtopped all the Courts of England; diſuſing to grant the antient Commiſſions in Eire to vvhom their Coun­ties choſe; and of Oyer and Terminer to any that had oc­caſion to uſe them, as lavvful vvas according to Fitz Herbent26 Nat. brev. fo. 112. and Cromp. ſ p. fol. 51. and all Writs to any vvithout exceſſive ſees, and extortion, contrarie to all laws, the Oath of a Judg, and the practice of the office it ſelf, as it was formerly gratis: and neglecting to ſend Magn. Char. to every Sheriff yearly, to bee read four times in full Counties, and to every Church to bee read twice yearlie: And the writ ſet down by the Lord Cook to bee iſſuable to all Sheriffs to apprehend all ſub­verters of the Law, and to com­mit them to the common Gaol; which I conſeſs is politickly forborn, leaſt Chancellors and and the reſt of their brother Jud­ges ſhould bee taken for the chiefeſt delinquents in that kinde, and carried from Weſt­minſter27 to Newgate as (I dare ſwear) they have often deſerv'd: But when I conſider how ready their ſuperſedeaſe's are to She­riffs, Juſtices of Peace, &c. when they pleaſ, and their Injunctions to ſtay Suits at common Law, (moſt proper to bee determined there) and the diſregard they make of the late Statute of 15to Hen. 6. 4to which forbiddeth them ſuch matters, I confeſs no need they have to fear She­riffs to diſpleaſ them; but mar­veil how they can bee ſo uncha­ritable, as to ſeparate mercie which they call equitie, from Juſtice, beeing that as Juſtice without equitie is mercileſs rigor, ſo Equitie without Juſtice (if any ſuch could bee) would bee an unjuſt iniquitie, and both theſe (notwithſtanding they would28 ſeem to divide Equitie from Juſtice) are found individuals in Chancerie, as Equitie and Juſtice were in Courts of com­mon Law, before Chancerie was; and ſo ought to bee ſtill, as Mercie and Juſtice ever were and will bee in the individual trinumine chief Juſtice of heaven and earth, whoſe mercie is a­bove all his works; but Chan­cellor's works are commonly a­bove all mercie, when they can finde no time, normeans to end any Cauſ, till both parties finde the end of their money, and their time loſt to gain Lord­ſhips to Chancellors and their Heirs, for who ſaw a Lord Chancellor but had a Lord Ba­ron at leaſt to his heir, except Sr Francis Bacon: and who ſaw againer to himſelf, or his heir29 by a Suit in Chancerie, except it might bee John Johns the cunning Merchant, or one that had leſs right to land then Kee­per Coventrie could think fit to purchaſe in his man's name, and yet gained a precious decree a­gainſt the right owner. Where­fore this two door'd ordouble­leav'd Court of Chancerie and Rolls, beeing moſt perni­cious to this Common-wealth, wch it generally beggereth to en­rich it ſelf by encroaching upon all mens liberties, and drawing all thoſe matters to Weſtminſter which might bee decided at home, with far more ſpeed, ju­ſtice, equitie, and conveniencie; and leſs charge, pains and at­tendance to both parties, where they are beſt known, or to bee30 known in their own Court. Let this Court bee ſpared, with the other, and the Common-wealth will bee further ſpared of the treble charge of the for­mer yearly, as the Warden of the Fleet and his priſoners, (as numerous as the Kings-bench men) and the numberleſs Arma­do of Chancerie Caterpillars can ſufficiently witneſs, if they pleaſ: whereof one thouſand pounds per annum would bee a competent ſalarie for a Keeper of the Seal, and fiftie pounds per annum for his man to attend it: And another thouſand pounds per annum to ten Clerks to do the office of ſix, (antient­ly blew bonnets, two thouſand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodg­ing,31 and a fit office to write all neceſſarie Writs for all the Common-wealth. And the Clerkſhips of the Crown and Ha­naper may bee united in one perſon, (as in Ireland they were in Mr Edgworth, and ſince in Mr Carleton) who may bee thought worthie of five hun­dred pound per annum, and all accommodation for his office, without anie fees; and fortie pound per annum a piece for three under Clerks to aſſiſt him to diſpatch all buſineſſes be­longing to either of the ſaid offices without fees likewiſe.

The Court of Common pleas at Weſtminſter would bee as wel ſpared as anie, for that all Common-pleas are common to all Courts in Cities, and Coun­ties, and ought to bee tried32 there, (as the Lord Co. upon Magn. Char. on the Countie Court confeſſeth) which ſpa­ring, would ſpare the Common wealth per annum no leſs then the greateſt of the former two.

The Court of Exchequor re­duced to it's proper juriſdicti­on, officers, and fees, concern­ing the publick Revenues, may bee continued for that ſervice onely, and ſuffice to maintein the Warden of the Fleet, and ſom of his men, to walk be­tween the Fleet and the Court, to guard Chequer-Accom­ptants to their Quietus, and this would ſpare the Kingdom a­nother Ten thouſand pound per an. as the Wardens of the Fleet, the two Remembrancers, and Mr Long can tell.


Courts and Juſtices of Aſ­ſizes, Niſi priùs and Gaole-deliveries, are as neceſſarie for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs bite their ſhins for their intruſions: or as droans are to Bee-hives, whence the Bees have good cauſ to chace them, for devouring their honey. For all matters of Aſſizes and Niſi priùs belong to Countie Courts, Hundred-Courts, Courts Baron, and Corpora­tion Courts (as the Lord Coke confeſſeth as aforeſaid) and Cromp. affirmeth in his juriſ­diction of Courts, fo. 240.) and matters of Gaole-deliverie belong to Sheriffs turns, Leets, and Seſſions of the peace, as the ſaid Autors affirm, and34 the Commiſſions of the peace and Charters of Corporations can prove and warrant. Where­fore thoſe three Courts ſpared (as well they may and ought) the Common wealth will bee further ſpared of two annual Viſitations of ſeverall ſwarms of Weſtminſter locuſts, the charge whereof I refer to the conſideration of them that bear it and uſually pay it.

The Court of the Marſhalſey raiſed to that exorbitancie that King James and King Charls did, may and ought to follow their fortunes and their houſholds; and more I ſhall not ſay of it, but that it is full of extortion and injuſtice, being never owned by Law beyond the verge, and that being va­niſhed with the Kings perſon;35 ſo ought that Court. The ſparing of this Court would ſpare the Commonwealth a great deal of charge more then I can calculate; but Mr Say an honorable Member of the Houſe may advertiſe the reſt thereof, with the advice of Mr Serjeant Green, and others late Judges and officers of that Court.

The ſparing of all theſe Courts, and the charge thereof amounting to, if not ſur­mounting three millions per annum, and the confirmation of Mag. Cart. and the Petition of Right, once more by this Par­liament, would alſo ſpare to the Commonwealth, and its better ſervice, the lives and imployments of many thou­ſands of able men wrongfully36 impriſoned for debt, and con­vert the lives and imployments many thouſands of Attornies, Sollicitors, Gaolers, Catch­pols, Decoyes, Setters, &c. to better uſes both for their ſouls and bodies, and for the pub­lick benefit. Then Sheriffes Turns, Hundred Courts, Leets, Court Baron, Seſſions of peace, and Corporation-Courts, re­ſtored to their ancient and right juriſdiction, which fall to them of themſelvs, which when thoſe aforeſaid are taken away, would be all-ſufficient, and onely neceſſary to hear and determine all the cauſſes of England, reſerving Appeals to ſuch as ſhall have cauſ, to Parliament or Commiſſioners of Oyer and Terminer to bee aſſigned, as Fitz H. and Cromp. affirm anciently lawful, and37 uſual, proof being made firſt of the partialitie, or injuſtice of the proper Court, and no bare accuſation, allegation, or pre­ſumption to ſerv for the iſſu­ing of ſuch Commiſſions as now is uſed. Except cauſes pro­per for Coroners, Eſcheators, Pipe powder Courts, & Clerks of the Market; of whoſe miſde­meanors, Juſtices of Peace have power to hear & determine, but not to hinder in due execution of their Offices, which are all neceſsarie in their kinds in eve­ry Countie, and ſpecially Co­roners and Clerks of the Mar­ket the firſt for diſcovering of murthers, &c. whereof God re­quireth an exact account, (as Scriptures and Reynolds Hiſto­ry ſufficiently witneſs. And the other for the puniſhing of38 frauds in weights and meaſures, which Solomon ſaith are abo­minations to God; yet nothing more common amongſt us, the more fearfull his judgements upon us without timelie repen­tance and future amendment. And for the ſuperintending of the defaults of thoſe that have power to correct ſuch offences, and do not.

All theſe Courts Officers and Offices that are thus neceſſarie will bee no more chargable to the Common-wealth hereaf­ter, then alwaies they have been hrretofore, but as uſeful now as ever; and more profitable to the Common-wealth now, then ever before, becauſ that in this time of Reformation, theſe Officers, as others, beeing cho­ſen of approved perſons for39 their Integritie, will endeavour (like their Superiours) the amendment of all offences, which they have power to chaſtize; whereas their Prede­ceſsors (imitating their Supe­riors) to their own ruine, in­tended their own private gain by publick tranſgreſſions, and to that end increaſed iniquities in themſelvs, and others.

If any offer to plead, or ob­ject the cuſtoms and uſages modernly obſerved time out of minde, againſt this reducement, and reſtauration of the Law, and its practice, to their anti­ent uſages; I anſvver, Mala Conſuetudo non eſt obſervanda: An evil cuſtom is not to bee conti­nued; and Cuſtoms againſt Lavv are unlavvfull to be uſed: And to vvhat end is Reforma­tion,40 but to take avvay ſuch cu­ſtoms? And Statutes lately made to ſupport them, by thoſe that raiſed and uſed them, for their own gain & others dam­mage? contrarie to all the Laws of God and Man, and eſpecially of Magna Charta, and its confirmations, vvherein ap­pear the right and Primitive cuſtoms and uſage of this land, agreeable to them, claiming therefore to bee reſtored, as in Juſtice they ought, and the o­ther to bee aboliſhed, as like­vviſe they ought.

And being com to ſpeak of antient Cuſtomes to bee reſto­red, & modern to bee aboliſh­ed, I cannot chuſe but remem­ber the Poor, (as moſt men do) in the laſt place: for it vvas a cuſtom as antient as Chriſti­anitie,41 for Chriſtians to give lands, moneys, and goods in a large meaſure to relieve the poor, till Monks, Friers, and other Abbey-lubbers (as unſa­tiable, as idle) dulled mens cha­rities with their continual beggings in the name of the poor, and grew ſacrilegious, robb'd ſpittles, made that which was common to the poor, as well as themſelvs, proper to themſelvs, and gave out of that which was none of their own, for aſſiſtance to counte­nance that Sacriledge, the firſt Fruits, Tenths, &c. to the Pope, who had as much right there­unto by their gift, as the De­vil; and conſequently King Henry the 8th. as much as the Pope, and his ſucceſſors (whe­ther Kings or States) as much42 as hee. Whoſoever conceive's I write too boldly, or ſpeak too plainly herein, let him read (not onely Hiſtories forraign and domeſtick, but) the Re­cords and Statutes, extant and in force amongſt us, videlicet, That of Carlile de Aſportatis Re­ligioſorum 35to. Ed. 1. And that de terris Templariorum 17o. Ed. 2 And thoſe of the diſſolutions of Henr. the 8th. between which firſt & laſt hee may finde manie more to inform his conſcience, ſo that his heart may think, his tongue ſpeak, and pen write much more then I do in this matter: All that I deſire is, that the poor may be looked upon, if not with an eie of pitie, yet with an eie of wiſdom, taking notice that if the wedg of A­chan bee not enquired for, diſ­covered,43 and recovered, the Na­tion may rue it: And that Popes, Kings, Biſhops, &c. that cared not how lean they made the poor, while they might make themſelvs fat with their proviſions; and thoſe that ex­ſpected their reverſions, have cauſ by this time to bee ſenſible of their Sacriledg.

And that therefore the Spi­rit of Reformation would bee manifeſted in the works of Charitie; and if ſuch as have griped the patrimonie of the Church into their claws, can finde in their hearts to reſtore to the poor no part of that in­tereſt which all the ſaid Statutes and manie more, and all the writings of the Fathers, and manie of our own modern Bi­ſhops (who unjuſtly detained44 all they could from them) a­bundantly confeſs and teſtifie they ought to have in all Ec­cleſiaſtical poſſeſſions, not as the Alms of the Incumbents, but as their own rights by the expreſs wills and donations of of the Primitive Founders of Churches, Hoſpitals &c. and other devout Donors, and Be­nefactors to ſuch places, from time to time ſo exceſſively bountiful to the Clergie and Corporations for the poors ſake, that the Statutes of Mort­main were made to reſtrain them.

All which notwithſtanding the Clergie poſſeſſed no leſs then a third part of England and France (as Sir Walter Rawleigh and Sir Nathanael Brent have written) but not to45 their own uſes (as they wick­edly converted it) but as Ad­miniſtrators to and for the poor, as the ſame Autors, all the Fathers, and Littletons Te­nures de frank Almonie, and Te­nant in common ſufficiently witneſs. Yet may the Parlia­ment bee pleaſed that Commiſ­ſions for charitable uſes bee granted to diſcreet perſons throughout England and Wales, not without Fees, wages, and accommodations for them­ſelves and their Officers, com­petent for their attendance in that ſervice, and loſs of time in their own affairs, being Charitiie beginneth at home, and no man can or ought to neglect his own charge to fol­low others profit gratis, which mkaeth the Commiſſion now46 in London and elſwhere ill ex­ecuted, as the diſtreſſed of Ire­land by wofull experience can lamentably verifie. Nor let the number for a Court exceed 3, for the eaſ of the charge, which muſt bee either charitably al­lowed and paid by the State, or deducted (as the late Lord Privie Seal in the book of or­der approved by the Councell Table 6to Car. and the Addi­tional Act for the Sabbath, &c. declare to be lawfull for pro­ſecutors) out of the poor's right. Nor let ſuch Commiſ­ſions be limitted by the Sta­tute of 43 Eliz. 4. as now it is, which Statute appeareth by its exceptions and juriſdictions reſerved to Biſhops and Chan­cellors to bee a Prelatical Chan­cerized confederacie to de­lude47 and defraud the poor at their pleaſures; witneſs the heaps of loſt labored decrees made thereupon, remaining unexecuted in the Petty-bag Office. And Philip Thomas his experiment in the carriage of many thereof in Abbots, Lauds, Coventries and Littletons reigns; which hee may declare the freer ſince the death of thoſe Lions. Nor let the Clerk of they Crown for ſuch dam­nable Fees, and extortion of 50 s or more, as is now uſed for a Commiſſion for every County, be allowed, but as it is uſed for Commiſſions of the peace, which if don gratis, would bee more charitably don for the poor, then for Juſtices; and hee may ſhorten his labor by making one Commiſſion48 for ſeverall Counties for cha­ritable uſes, which he may not do for the peace for divers rea­ſons. Nor let ſuch Commiſſio­ners want power in their Commiſſion to put their Or­ders, Judgements, and Decrees in execution (as all other Oyers and Terminers have) with­out relation to any other Court then Parliament for any alteration whatſoever. Nor power to puniſh va­grants, &c. and ſet ſuch as are able, to work.

This granted, the poor of England, which to the ſhame thereof, beyond all other Countries Chriſtian or Heathen daily periſh in ſtreets, fields and ditches, defrauded of larger proviſions made for them by Lawes and Legacies, then any49 other Nation can parralel, and deluded like Tantalus for his ap­ple, may by this meās be inabled to catch into their emptie, vain, gaping, begging mouths, and hungrie panches, ſome crums of ſome Alms-houſes, to pro­long their daies, to direct their praiers for their benefactors, to aſcend like ſweet incenſe to the Lord, in ſtead of the unſavou­rineſs of their putrified mem­bers, to annoy their oppreſsors and offend others; And ſuch as are able to work, may bee im­ploied for benefit to themſelvs and others, and ſo the ſtreets and fields bee cleared of thoſe loathſom ſights and importu­nate clamors which Forrainers admire, and Domeſticks abhor, yet neither help: All which I humbly ſubmit to all hono­rable,50 charitable, and religious conſiderations, which God guide for his own Glorie, and their own good, Amen.



I Hear I am charged with uſing other heads then mine own in theſe my poor la­bors. Truly I cite my Autors as the onely heads I dare truſt to defend mee and mine from the hands of their degenerate ſucceſſors, and ſuch others as (regarding their ill-gotten wealth more then their ſouls) malign my endeavours in ſeek­ing to reſtore thoſe ſprings that flow from my ſaid Autors (the pure heads thereof) to their proper Chanels, and diſmay ſuch heads and hearts as might and would give mee helps, or write better them­ſelvs; ſo that all the helps I can get of them, is but to tell mee, that they would not write52 ſo plain as I do in this m̄atter for thouſands of pounds.

Whereto I anſwer, they have ſo much to loſe, and I but my life and labor, which for truth, and its plainneſs, I am ready to ſacri­fice to Gods providence, which I finde not careleſs of my prote­ction, having raiſed mee ho­norable friends without any merit or exſpectation of mine, but onely of their own worthi­neſs, amongst whom the Right nobly-minded, as well as de­ſcended Gentleman William Steward of Laken Heath in the County of Suff. Eſq affe­cteth mee for my affection in particular to himſelf, in general to al, hearteneth mee more then many to proceed in my work,53 not for its workmanſhip, but its meaning, not for its planſi­bility at preſent, but its poſsi­bility in future, not for its dictaſte to angel-tong'd Lawyers, corrupt-lung'd Gao­lers, &c, whoſe exorbitances, not perſons, are distaſtefull to him, and all good Chriſtians; but for its ſeaſonableneſs, ti­mouſly to inform them to mend themſelvs ſpeedily, or ſubmit to be mended by more indiffe­rent judgments; not for any profit that may thereby re­dound to him in private, more then ſhall to all in publick; not for any praiſ hee deſireth (which I muſt witneſs hee de­ſer veth above many thou­ſands) to himſelf; but for the glorie of God, which hee zea­louſly54 intendeth in all his ſtu­dies & actions, & honor of moſt worthily-honored perſonages (of his kindred and alliance) which hee conceiveth will bee much improv'd by their accu­mulating their merits in the accompliſhment of this work of Reformation religiouſly be­gun, and indefatigably purſued by them, continually promiſed by others, univerſally exſpe­cted by all (except thoſe pro­miſers that never meant to bee performers) and particularly pointed at in this Treatiſe, and my former, ſo far as I humbly conceiv neceſſarie for Law, & Officers needfull for the Com­monwealth: For which vi­geat, floreat, duret, ſhal bee my daily praiers. Amen again.


Anno III. Caroli Regis. THE PETITION Of Right granted in the third year of the late King, and confirmed this preſent Parliament for the good of the Common-wealth.

To the Kings moſt excellent MAIESTIE.

HUmbly ſhew unto our Sovereign Lord the king, the Lords Spiri­ual and Temporal and Com­tmons in Parliament aſſem­bled,56 that whereas it is declared and enacted by a Statute made in the time of the reign of king Edward the firſt, commonly called, Statutum de Tallagio non concedendo, That no Tallage or Aid ſhall bee laid or levied by the king, or his Heirs in this Realm, without the good will and aſſent of the Archbiſhops, Biſhops, Earls, Barons, Knights, Burgeſſes, and other the Freemen of the Commonaltie of this Realm. And by Autoritie of Parlia­ment holden in the five and twentieth year of the reign of King Edward the third, it is declared and enacted, That from benceforth no perſon ſhould bee compelled to make anie Loans to the King againſt his will, becauſ ſuch Loans were a­gainſt57 reaſon, and the Fran­chiſe of the Land. And by o­ther Lawes of this Realm it is provided, that none ſhould bee charged by anie charge or Impoſition, called a Benevo­lence, nor by ſuch like Charge, by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have have inherited this Fráedom; That they ſhould not bee com­pelled to contribute to ante Tax, Tallage, Aid, or other like Charge, not ſet by com­mon conſent in Parliament.

Yet nevertheleſs of late, divers Commiſſions directed to ſundrie Commiſſioners in ſeveral Counties, with inſtru­ctions, have iſſued; by means your people have been in di­vers58 places aſſembled, and re­quired to lend certain ſums of money unto your Majeſtie, and manie of them upon their refuſal ſo to do, have had an Oath adminiſtred unto them, not warrantable by the Laws or Statutes of this Realm, and have been conſtrained to be­com bound to make appear­ance, and give attendance be­fore your Privie Councel, and in other places; and others of them have been therefore im­priſoned, confined, and ſun­drie other waies moleſted and diſquieted. And divers other charges have been laid and le­vied upon your people inſeve­ral Counties, by Lord Liev­tenants, Deputic-Wievte­nants, Commiſſioners for Muſters, Iuſtices of Peace,59 And others by Command and Direction from your Majeſtie, or your Privie-Councel, a­gainſt the Laws and tree Cu­ſtoms of the Realm.

And where alſo by the Sta­tute called, The great Charter of the Liberties of England, It is declared and enacted, That no Freeman may bee taken or impriſoned, or bee diſſeiſed of his Free-hold, or Liverties, or his free Cuſtoms, or bee outlawed, or exiled, or in anie manner deſtroyed, but by the lawful Iudgment of his Peers, or by the Law of the Land.

And in the eight and twentieth yeer of the reign of king Ed­ward the third, it was declared and enacted by autoritie of Parliament, that no man of60 what eſtate or condition that hee bee, ſhould bee put out of Land or Tenements, nor ta­ken nor impriſoned, nor diſ-herited, nor put to death with­out being brought to anſwer by due Proceſs of Law.

Nevertheleſs againſt the te­nor of the ſaid Statutes, and other the good Laws and Sta­tutes of your Realm, to that end provided, divers of your Subjects have of late been im­priſoned without ante cauſ ſhewed: and when for their de­liverance they were brought before your Iuſtices by your Majeſties Writs of Habeas corpus, there to undergo and receiv as the Court ſhould or­der, and their Keepers com­manded to certifie the cauſes of their detainer, no cauſ was cer­tified,61 but that they were de­teined by your Majeſties ſpe­cial command, ſignified by the Lords of your Privie-Coun­cel, and yet were returned back to ſeveral priſons, without be­ing charged with ante thing to which they might make auſwer according to the Law.

And whereas of late great Companies of Souldiers and Mariners, have been diſperſed into divers Counties of the Realm, & ye inhavitants, againſt their wils, have been com­pelled to receive them into their houſes, and there to ſuffer them to ſojourn againſt the Laws and Cuſtoms of this Realm, and to the great grie­vance and vexation of the peo­ple.

And whereas alſo by auto­ritie62 of Parliament, in the five and twentieth year of the Reign of King Edward the third, it is declared and enacted, that no man ſhould bee fore­judged of life or limb againſt the form of the Great Charter, and the law of the Land: and by the ſaid Great Charter and other the Laws and Sta­tutes of this your Realm, no man ought to bee adjudged to death, but by the Laws eſta­bliſhed in this your Realm, ei­ther by the cuſtoms of the ſame Realm, or by Acts of Parlia­ment; And whereas no of­fender, of what kinde ſoever, is exempted from the proceed­ings to bee uſed, and puniſh­ments to bee inflicted by the Laws & Statues of this your Realm: Nevertheleſs, of late time divers Commiſſions under your Majeſties great63 Seal have iſſued forth, by which certain perſons have been aſ­ſigned and appointed Commiſ­ſioners with power and unto­ritie to proceed within the land, according to the Iuſtice of Martiall Law, againſt ſuch Souldiers or Mariners or o­ther diſſolute perſons jeyning with them, as ſhould commit anie murther, robberie, felo­nie, mutinie, or other outrage, or miſdemeanor whatſoever, and by ſuch ſummarie courſ and order, as is agreeable to Mar­tial Law, and as is uſed in Armies in time of War, to Proceed to the tryal and con­demnation of ſuch offenders, and them to cauſ to bee execut­ed and put to death according to the Law Martial.

By pretext whereof ſom of64 your Majeſties Subjects have been by ſom of the ſaid Com­miſſioners put to death, when and where, if by the Laws and Statutes of the land they had deſerved death, by the ſame Laws and Statutes alſo they might, and by no other ought to have been judged and exe­cuted.

And alſo ſundrie grievous offenders by color thereof, claming an exemption, have eſcaped the puniſhments due to them by the Laws and Sta­tutes of this your Realm, by reaſon that divers of your Of ficers and miniſters of Iuſtice have unjuſtly refuſed, or for­born to proceed againſt ſuch of­fendors, according to the ſame Laws and Statutes, upon pretence that the ſaid offenders65 were puniſhable only by Mar­tial law, and by autoritie of ſuch Commiſſions as afore­ſaid. Which Commiſſions, and all other of like nature are wholly and directly contrarie to the ſaid Laws and Statutes of this your Realm.

They do therefore humbly pray your moſt excellent Ma­jeſtie that no man hereafter bee compelled to make or yield anie Giſt, Loan, Benevolence, Tax, or ſuch like Charge, without common conſent by Act of Parliament. And that none bee called to make anſwer, or take ſuch Oath, or to give attendance, or bee con­fined, or otherwiſe moleſted, or diſquieted, concerning the ſame, or for refuſal thereof. And that no Freeman, in anie66 ſuch manuer as is before men­tioned, bee impriſoned or de­tained. And that your Maje­ſtie would bee pleaſed to re­move the ſaid Souldiers and Mariners, and that your peo­ple may not bee ſo burthened in time to com. And that the foreſaid Commiſſions for proceeding by Martial Law, may bee revoked and annulled. And that bereaſter no Com­misions of like nature may iſſue forth to ante perſon or per­ſons whatſoever, to bee exe­cuted, as aforeſaid, leſt by co­lor of them ante of your Ma­jeſties Subjects bee deſtroyed, or put to death, contrarie to the Laws and franchiſe of the Land.

All which they moſt humbly pray, of your moſt Excellent67 Majeſtie, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Ma­jeſtie would alſo vouchſafe to declare that the Awards, do­ings, and proceedings, to the prejudice of your people, in a­nie of the premiſſes, ſhall not bee drawn hereafter into con­ſequence or example. And that your Majeſtie would bee alſo graciouſly pleaſed. for the further comſort and ſaretie of your people, to declare your Royall will and pleaſure, That in the things aforeſaid, all your Officers and Mini­ſters ſhall ſerv you, according to the Laws and Statutes of this Realm, as they tender the Honor of your Majeſtie, and the proſperitie of this King­dom.


Which Petition beeing read, the ſecond of June, 1628. the Kings An­ſwer was thus deliver­ed unto it.

THe King willeth, that Right bee don, according to the Laws and Cuſtoms of the Realm; And, that the Sta­tutes bee put in due Execu­tion, that His Subjects may have no cauſ to com­plain of anie wrong, or oppreſſions, contrarie to69 their juſt Rights and Li­berties: To the preſerva­tion whereof, Hee hold's Himſelf in conſcience aſ­wel obliged, as of his Pre­rogative.

But this Anſwer not giving ſatisfaction, the King was again petitioned unto, that hee would give a full and ſatisfactorie Anſwer to their Petition in full Par­liament.


Whereupon the King in perſon, upon the ſeventh of June, made this ſecond ANSVVER.

My Lords and Gentlemen!

THe anſwer I have alreadie given you, was made with ſo good deliberation, and approved by the Judg­ments of ſo manie wiſe men, that I could not have ima­gined, but that it ſhould have given you full ſatisfaction; but to avoid all ambigu­guous71 interpretations, and to ſhew you that there is no dou­bleneſs in my meaning, I am willing to pleaſ you in words, as well as in ſubſtance; Read your Petition, and you ſhall have an anſwer, that I am ſure will pleaſ you.

And then cauſing the Petition to bee diſtinct­ly read by the Clerk of the Crown, The Clerk of the Parliament read the Kings Anſwer there­to in theſe words,**Let Right bee don as is de­ſired.Soit droit fait come eſt deſire.


Which beeing don, the King in Perſon ſaid thus:

THis I am ſure is ful; yet no more then I granted you in my firſt Anſwer; for the meaning of that was, to confirm all your Liberties: Knowing, according to your own Protestations, that you neither mean, nor can hurt my Prerogative: And I aſſure you, my Maxime is, That the People's Libertie ſtrengthen's the Kings Prerogative, and73 that the Kings Prerogative, is to defend the people's Li­berties.

Yee ſee now, how readie I have ſhewed my ſelf to ſatisfie your Demauds, ſo that I have don my part; Wherefore if this Parliament have not a happie Concluſion, the ſin. is yours, I am free of it.


AND On the laſt day of the Seſſion;June 26. 1628.

His MAIESTIES Speech to both Houſes, Before His Roiall aſ­ſent to the Bills, was this.

My Lords and Gentlemen!

IT may ſeem ſtrange that I com ſo ſud­denly to end this Seſsion: therefore before I give my aſſent to the Bills, I will tell you the Cauſ,75 though I muſt avow that I own an account of my Actions to none but God alone. It is known to everie one, that a while ago the Houſ of Com­mons gave mee a Remon­ſtrance; how acceptable eve­rie man may judg; and for the merit of it, I will not call that in queſtion, for I am ſure no wiſe man can juſtifie it.

Now ſince I am certainly informed that a ſecond Re­monſtrance is preparing for mee, to take away my profit of Tonnage and Poundage (one of the chiefeſt maintenances of the Crown) by alledging that I have given away my right thereof, by my Anſwer to your Petition.


There is ſo prejudicial unto mee, that I am forced to end this Seſsion ſom few hours be­fore I meant it, beeing willing not to receiv anie more Re­monstrances, to which I muſt give a harſh anſwer.

and ſince I ſee that even the Houſ of Commons begin's alreadie to make falſ Con­ſtructions of what I granted in your Petition, leſt it bee worſinterpreted in the coun­trey, I will now make a De­claration concerning the true intent thereof.

There Profeſsion of both Houſes, in the time of ham­mering this Petition, was as waies to trench upon my Pre­rogative,77 ſaying, They had neither intention nor power to hurt it.

Therefore it muſt needs bee conceived, that I have grant­ed no new, but only confirm­ed the ancient Liberties of my Subjects: Yet to ſhew the clear­neſs of my intentions, that I neither repent, nor mean to recede from any thing I have promiſed you, I do here de­clare, That thoſe things which have been don, whereby men had ſom cauſ to ſuſpect the Li­bertie of the Subjects to bee trench't upon (which indeed was the firſt and true ground of the Petition) ſhall not here­after bee drawn into Example78 for your prejudice: And in time to com (in the word of a King) you ſhall not have the like cauſ to complain.

But as for Tonnage and Poundage, it is a thing I can­not want, and was never in­tended by you to ask, never meant (I am ſure) by mee to grant.

To conclude, I command you all that are here, to take notice of what I have ſpoken at this time, to bee the true in­tent and meaning of what I granted you in your Petition: But eſpecially you, my Lords, the Judges, for to you onely, under mee, belong's the inter­pretation of Laws; for none79 of the Houſes of Parliament, joynt or ſeparate, (what new doctrine ſoever may be raiſed) have any power, either to make or declare a Law without my conſent.


Here followeth the Confir­mation of the ſaid Peti­tion by this preſent Par­liament (as it is to bee read in the Act, Intituled, An Act for the declaring unlawfull and void the late proceedings touching Ship­monie, and for the vacating of all Records and proceſs concerning the ſame,) in theſe words viz.

BEE it declared and en­acted by the Kings moſt Excellent Majeſtie, and the Lords and Commons in this preſent. Parliament aſſembled,81 and by the autoritie of the ſame, That the ſaid Charge impoſed upon the Subject for the providing and furniſhing of Ships, commonly called Ship-monie, and the ſaidex-trajudicial opinion of the ſaid Justices and Barons, and the ſaid Writs and everie of them, and the ſaid agreement or opi­nion of the greater part of the ſaid Justices and Barons, and the ſaid Judgement given a­gainſt John Hampden, were and are contrarie to and a­gainst the Laws and Statutes of this Realv, the Right of Propertie, the libertie of the Subjects former Reſolutions in Parliament, and the Petition82 of Right made in the third year of the Reign of his Ma­jestie, that now is. And it is further declared, and enacted by the Autoritie aforeſaid, That all and everie the Par­ticulars praied or deſired in the ſaid Petition of Right, ſhal from henceforth bee put in Execution accordingly, and ſhal bee firmly and ſtrictly holden and obſerved, as in the ſome Petition they are praied and expreſſed.

Obſerv that the greater part of Justices and Barons, uſed to direct Writs and A­greements, and give their O­pinions and Judgements con­trarie83 to and againſt the Laws and Statutes of this Realm, the Right of Propertie, & the libertie of the Subjects. And why therefore ſuffered longer ſo to do? and their unanimous animals ſit in Parliament to make Laws by their advice to their own ends, and publick miſchiefs?


About this transcription

TextThe new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent.
AuthorJones, John, of Neyath, Brecon..
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SeriesEarly English books online.
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(EEBO-TCP ; phase 2, no. A87640)

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Images scanned from microfilm: (Thomason Tracts ; 181:E1411[2])

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Bibliographic informationThe new Returna brevium or the law returned from Westminster and restored in brief to its native, antient, and proper habitation, language, power, puritie, integritie, cheapness, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, fals interpreters, iailers, catchpols, attorneys, &c whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (although to bee found in larger volumes) for cheapness to the generalitie to inform themselvs what is their rights. Written by John Jones of the Neyath in com. Brecon Gent. Jones, John, of Neyath, Brecon.. [10], 83, [1] p. Printed by William Du-gard,London :anno Dom. 1650.. (Annotation on Thomason copy: "June 18".) (Reproduction of the original in the British Library.)
  • Court administration -- England -- Early works to 1800.
  • Writs -- England -- Early works to 1800.
  • Law -- England -- Language -- Early works to 1800.

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ImprintAnn Arbor, MI ; Oxford (UK) : 2011-04 (EEBO-TCP Phase 2).
  • DLPS A87640
  • STC Wing J972
  • STC Thomason E1411_2
  • STC ESTC R202637
  • EEBO-CITATION 99862857
  • PROQUEST 99862857
  • VID 115035

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