Practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes.
         Prynne, William, 1600-1669.
      
       
         This text is an enriched version of the TCP digital transcription A25647 of text R15564 in the  English Short Title Catalog (Wing A3478). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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         EarlyPrint Project
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         Wing A3478
         ESTC R15564
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         ocm 12255788
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             Practicall law, controlling and countermanding the common law, and the sword of vvarre the sword of iustice against all the late declarations and publications of the army, that they fight for the peoples liberties and lawes.
             Prynne, William, 1600-1669.
             Anthony, Edward, 17th cent.
          
           [2], 6 p.
           
             [s.n.],
             Printed at Exeter :
             1648.
          
           
             Attributed to W. Prynne. Also erroneously atributed to Edward Anthony. Cf. Wing; NUC pre-1956.
             Reproduction of original in Harvard University Libraries.
          
        
      
    
     
       
         eng
      
       
         
           England and Wales. -- Army.
           Great Britain -- History -- Civil War, 1642-1649.
        
      
    
       A25647  R15564  (Wing A3478).  civilwar no Practicall lavv, controlling and countermanding the common law: and the sword of vvarre the sword of iustice. Against all the late declarati [no entry] 1648    2133 0 0 0 0 0 0 0 A This text  has no known defects that were recorded as gap elements at the time of transcription.  
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           PRACTICALL
           LAW
           ,
           Controlling
           and
           countermanding
           The
           Common
           Law
           :
           AND
           The
           Sword
           of
           VVarre
           the
           Sword
           of
           Iustice
           .
        
         
           Against
           all
           the
           late
           Declarations
           and
           publications
           of
           the
           Army
           ,
           That
           they
           fight
           for
           the
           Peoples
           Liberties
           and
           Lawes
           .
        
         
           Printed
           at
           Exeter
           1648.
           
        
      
       
       
         
           The
           Preface
           .
        
         
           THe
           strange
           and
           unparallel'd
           insolency
           of
           the
           Generall
           and
           Councell
           of
           Warre
           ,
           in
           presuming
           to
           grant
           Injunctions
           to
           stay
           Suits
           and
           proceedings
           at
           Common
           Law
           ,
           against
           Malignant
           Cavaliers
           ,
           who
           have
           plundered
           them
           of
           all
           their
           estates
           ,
           under
           pretext
           of
           Exeter
           Articles
           ,
           &c.
           which
           they
           presume
           extend
           to
           all
           Malignant
           Constables
           ,
           and
           others
           who
           have
           plundered
           and
           imprisoned
           the
           Parliaments
           best
           friends
           by
           their
           commands
           ,
           though
           not
           within
           the
           minds
           nor
           intent
           of
           the
           Articles
           ,
           and
           to
           enjoyne
           them
           to
           come
           before
           the
           Councell
           of
           Warre
           ,
           200.
           or
           300.
           miles
           to
           shew
           cause
           why
           they
           should
           not
           surcease
           their
           Actions
           against
           these
           plunderers
           ,
           and
           release
           their
           just
           judgement
           against
           them
           ,
           and
           presuming
           to
           evince
           the
           Judges
           ,
           Attourneyes
           ,
           and
           others
           ,
           not
           to
           proceed
           in
           such
           trialls
           :
           a
           more
           higher
           and
           tyrannicall
           power
           then
           ever
           the
           Councell-Table
           exhausted
           ,
           so
           that
           all
           the
           Kingdome
           must
           now
           be
           ruled
           ,
           and
           the
           Common-Law
           of
           the
           Land
           it selfe
           over-ruled
           and
           staid
           by
           the
           Marshall
           Law
           ,
           to
           the
           undoing
           of
           the
           Parliaments
           best
           friends
           ,
           and
           rejoycing
           of
           Malignants
           ,
           who
           enjoy
           their
           plunder
           and
           estates
           without
           recompence
           .
        
      
    
     
       
       
         
           Practical
           Law
           controlling
           and
           countermanding
           the
           Common-Law
           ,
           and
           the
           Sword
           of
           Warre
           the
           Sword
           of
           JUSTICE
           .
        
         
           WHereas
           Sir
           
             Richard
             Vyvyan
          
           of
           
             Tresewarren
          
           in
           the
           County
           of
           
             Cornwall
          
           Knight
           and
           Baronet
           ,
           hath
           petitioned
           his
           Excellency
           
             Sir
             Thomas
             Fairfax
             ,
          
           that
           
             Edward
             Anthony
          
           of
           the
           City
           of
           
             Exeter
          
           Goldsmith
           ,
           hath
           sued
           and
           impleaded
           him
           the
           said
           
             Sir
             Richard
             Vyvyan
             ,
          
           contrary
           to
           the
           
             Articles
             of
             the
             said
             City
             of
             Exeter
             ,
          
           within
           which
           the
           said
           
             Sir
             Richard
             Vyvyan
          
           is
           comprized
           :
           the
           
             Generall
          
           to
           the
           end
           he
           might
           be
           satisfied
           of
           the
           truth
           of
           the
           particulars
           of
           the
           said
           Petition
           ,
           referred
           the
           same
           to
           the
           Examination
           of
           the
           
             officers
             of
             his
             Army
             ,
          
           who
           at
           a
           publike
           meeting
           ,
           and
           upon
           a
           full
           Examination
           ,
           found
           every
           particular
           in
           the
           said
           Commission
           to
           bee
           very
           clearly
           and
           punctually
           proved
           to
           be
           true
           ,
           that
           
             Sir
             Richard
             Vyvyan
          
           was
           Master
           of
           His
           
             Majesties
             Mint
          
           in
           the
           City
           of
           
             Exeter
          
           by
           Commission
           of
           his
           
             Majesty
             ,
          
           that
           he
           is
           comprized
           within
           the
           said
           Articles
           of
           
             Exon
             ,
          
           and
           by
           which
           he
           is
           to
           be
           indempnified
           for
           matters
           relating
           to
           the
           late
           differences
           between
           his
           
             Majesty
          
           and
           the
           
             Parliament
             ,
          
           and
           that
           the
           said
           
             Edward
             Anthony
          
           hath
           sued
           and
           impleaded
           him
           the
           said
           Sir
           
             Richard
             Vyvyan
          
           for
           
             a
          
           
             Plate
          
           sent
           unto
           the
           said
           
             Mint
          
           for
           his
           
             Majesties
          
           use
           by
           Sir
           
             Iohn
             Berkly
          
           Knight
           ,
           then
           Governour
           of
           the
           said
           
             City
          
           of
           
             Exeter
             ,
          
           and
           hath
           recovered
           
           by
           
             Verdict
             against
             him
          
           the
           said
           Sir
           
             Richard
          
           
             Vyvyan
             ,
             two
             hundred
             ninety
             one
             pound
             three
             shillings
             damages
             ,
             besides
             costs
             .
          
           Now
           forasmuch
           as
           they
           the
           said
           
             Officers
          
           have
           thereupon
           certified
           the
           
             Generall
          
           the
           premisses
           to
           be
           true
           ,
           and
           that
           the
           said
           
             Action
             and
             Verdict
             and
             all
             proceedings
             thereon
             are
             against
             the
             Articles
             of
             Exeter
             ,
          
           and
           therefore
           are
           of
           opinion
           ,
           and
           desire
           the
           
             General
          
           to
           command
           the
           
             b
          
           
             Iudge
             Advocate
          
           to
           take
           care
           that
           the
           said
           
             Edward
             Anthony
          
           do
           
             forthwith
             reveale
             ,
          
           or
           
             otherwaies
          
           
             c
          
           
             discharge
             him
             the
             said
             Sir
             Richard
             Vyvyan
             of
             and
             from
             the
             said
             Action
             ,
             Verdict
             and
             all
             proceedings
             thereon
             ,
          
           or
           in
           
             default
             thereof
             to
             appear
             at
             the
             Head
             Quarters
             to
             shew
             a
             good
             cause
             to
             the
             contrary
             ,
             and
             that
             all
             further
             proceeding
             be
             staid
             in
             the
             meane
             while
             by
             the
             said
             Edward
             Anthony
          
           and
           his
           
             Attourneys
             ;
          
           These
           are
           therefore
           to
           desire
           and
           require
           the
           same
           
             Edward
             Anthony
          
           immediately
           
             upon
             sight
             hereof
             to
             release
             and
             discharge
             the
             same
             Sir
             Richard
             Vyvyan
             of
             and
             from
             the
             said
             Action
             and
             Verdict
             of
             291.
             l.
             3.
             s.
             damages
             and
             costs
             of
             Suit
             ,
             and
             all
             proceedings
             thereon
             ,
             or
             otherwise
             appeare
             at
             the
             Head-Quarters
             on
             Munday
             the
             6.
             day
             of
             March
             next
             coming
             ,
             by
             nine
             of
             the
             clock
             in
             the
             forenoon
             ,
             to
             shew
             good
             cause
             to
             the
             contrary
             ,
             and
             all
             Attourneyes
             and
             Solicitours
             are
             to
             take
             notice
             hereof
             ,
             that
             there
             be
             no
             further
             proceedings
             in
             the
             said
             Suit
             in
             the
             meane
             while
             ,
             or
             to
             shew
             cause
             to
             the
             contrarie
             :
             Whereof
             they
             and
             
             every
             of
             them
             are
             not
             to
             faile
             .
          
        
         
           Dated
           
             at
             
               d
            
             
               White-hall
            
             
               this
               19.
               of
               Febr.
               1647.
               
            
          
           
             Hen.
             Whaley
             ,
             Advocate
             .
          
        
      
       
         
           Who
           will
           ever
           adhere
           to
           ,
           or
           act
           ,
           or
           suffer
           for
           the
           Parliament
           hereafter
           ,
           or
           contribute
           towards
           the
           Army
           ,
           if
           they
           must
           be
           thus
           requited
           for
           all
           their
           losses
           ,
           and
           made
           the
           verie
           scorne
           and
           derision
           both
           of
           their
           enemies
           and
           friends
           ?
           O
           heavens
           blush
           at
           this
           impious
           ingratitude
           .
        
      
       
         
           To
           his
           Excellency
           Sir
           Thomas
           Fairfax
           Knight
           ,
           Generall
           of
           the
           Parliaments
           Forces
           by
           
             *
          
           Sea
           and
           Land
           .
        
         
           The
           most
           humble
           Petition
           of
           John
           Collacot
           the
           elder
           ,
           of
           the
           Parish
           of
           Shebber
           within
           the
           County
           of
           Devon
           .
        
         
           
             Humbly
             sheweth
             ,
          
        
         
           THat
           your
           Petitioner
           being
           
             Constable
          
           during
           some
           part
           of
           the
           times
           of
           these
           unhappy
           differences
           betwixt
           His
           
             Majesty
          
           and
           the
           
             Parliament
             ,
          
           was
           in
           the
           time
           of
           his
           being
           
             Constable
          
           particularly
           commanded
           by
           the
           Warrants
           annexed
           ,
           to
           be
           assisting
           unto
           
             Captaine
             Yeo
             :
          
           in
           the
           apprehending
           of
           
             Iohn
             Perryn
          
           senior
           .
        
         
           That
           he
           was
           commanded
           by
           the
           said
           
             Yeo
             :
          
           and
           compelled
           by
           
             Thomas
             Hewes
          
           Provost
           Marshall
           and
           his
           Troopers
           ,
           to
           attend
           the
           said
           
             Captaine
             Yeo
             :
          
           in
           the
           execution
           of
           the
           said
           Warrants
           ,
           which
           he
           durst
           not
           refuse
           ,
           the
           Kings
           party
           being
           then
           prevalent
           in
           the
           Countrey
           .
        
         
           That
           for
           this
           cause
           only
           the
           said
           
             Perryn
          
           hath
           commenced
           a
           Suit
           at
           
             Law
          
           against
           your
           Petitioner
           ,
           which
           
           will
           come
           to
           triall
           this
           
             Assizes
          
           to
           the
           Petitioners
           utter
           ruine
           ,
           the
           
             Articles
          
           of
           
             Exeter
          
           (
           in
           which
           your
           Petitioner
           is
           comprehended
           )
           
             being
             not
             pleadable
             at
             Law
             ,
          
           unlesse
           your
           
             Excellencies
          
           accustomed
           goodnesse
           be
           extended
           for
           his
           reliefe
           herein
           ,
           which
           is
           according
           to
           your
           
             Excellencies
          
           engagement
           upon
           the
           rendering
           the
           said
           Garrison
           .
        
         
           That
           the
           said
           
             Captaine
             Yroman
          
           is
           comprized
           within
           the
           
             Articles
             of
             Exon
             ,
          
           as
           appeareth
           by
           your
           
             Excellencies
          
           Certificate
           annexed
           ,
           and
           hath
           made
           his
           Composition
           at
           
             Goldsmiths-hall
             ,
          
           for
           his
           said
           
             Delinquency
             ,
          
           within
           the
           eour
           moneths
           mentioned
           in
           the
           said
           Articles
           ,
           as
           appeareth
           by
           Certificate
           readie
           to
           bee
           produced
           .
        
         
           The
           Petitioner
           therefore
           beseecheth
           your
           
             Excellency
             ,
          
           that
           he
           may
           have
           the
           benefit
           of
           the
           said
           
             Articles
          
           of
           
             Exon
             ,
          
           he
           acting
           by
           and
           under
           the
           command
           of
           the
           said
           
             Captaine
             Yeo
             :
          
           who
           hath
           compounded
           :
           And
           that
           your
           
             Honour
          
           would
           be
           pleased
           to
           
             a
          
           give
           command
           for
           the
           stay
           of
           all
           proceedings
           at
           Law
           against
           the
           Petitioner
           .
        
         
           
             And
             your
             Petitioners
             shall
             ever
             pray
             ,
             &c.
             
          
           
             
               Queen-street
               ,
            
             
               March
               8.
               1647.
               
            
          
        
      
       
         
           If
           this
           Petition
           be
           true
           ,
           I
           desire
           the
           
             Iudge
          
           to
           take
           care
           that
           the
           
             Articles
             of
          
           Exon
           
             be
             made
             good
             to
             the
             Petitioner
             ,
          
           and
           that
           
             the
             parties
             complained
             of
             de
             forbear
             further
             proceedings
             at
             Law
             ,
             or
          
           
             b
          
           
             shew
             cause
             to
             the
             Court
             Marshall
             to
             the
             contrary
             .
          
        
         
           T.
           Fairfax
        
      
       
         
           Whereas
           
             Iohn
             Collacot
          
           the
           elder
           of
           the
           Parish
           of
           
           
             Shebber
          
           in
           the
           County
           of
           
             Devon
          
           being
           a
           Constable
           in
           some
           part
           of
           the
           times
           of
           these
           unhappy
           differences
           ,
           was
           in
           that
           time
           particularly
           commanded
           by
           Capt.
           
             Yeo
             ,
          
           a
           Commander
           in
           the
           Kings
           Army
           ,
           to
           be
           assisting
           unto
           him
           in
           the
           execution
           of
           a
           Warrant
           from
           Col.
           
           Sir
           
             Iohn
             Berkley
          
           Governour
           
             of
             Exon
          
           for
           the
           apprehending
           
             Iohn
             Perryn
          
           the
           Elder
           and
           others
           ,
           which
           accordingly
           hee
           did
           .
           That
           the
           said
           Captaine
           
             Yeo
             :
          
           was
           a
           person
           comprized
           within
           the
           
             Articles
             of
             Exon
             ,
          
           and
           hath
           made
           his
           Composition
           at
           
             Goldsmiths-hall
             :
          
           That
           the
           said
           Collacot
           is
           sued
           at
           Law
           by
           the
           said
           
             Perryn
          
           for
           apprehending
           him
           as
           aforesaid
           ,
           which
           is
           
             a
          
           contrary
           to
           the
           
             twelfth
             Article
             of
             Exon
             ,
          
           the
           said
           
             Collacot
          
           having
           done
           nothing
           but
           by
           the
           procurement
           of
           the
           said
           Capt.
           
             Yeo
             :
          
           all
           which
           particulars
           being
           proved
           before
           me
           to
           be
           true
           :
           
             These
             ari
             therefore
             to
             require
             the
             said
             Perryn
             within
             one
             and
             twenty
             dayes
             next
             after
             sight
             hereof
             ,
             personally
             to
             appear
             before
             the
             Court
             Marshall
             of
             his
             Ecellency
             Sir
          
           Thomas
           Fairfax
           ,
           
             b
          
           
             wheresoever
             the
             same
             is
             or
             shall
             bee
             held
             to
             shew
             cause
             why
             the
             said
          
           Collocot
           
             should
             not
             have
             the
             benefit
             of
             the
             said
             Articles
             ,
             or
             else
             discharge
             or
             release
             the
             said
          
           Collacot
           
             of
             his
             said
             Action
             ,
             and
             in
             the
             meane
             time
             ,
             there
             be
             no
             further
             proceedings
             at
             Law
             ,
             and
             all
             Attourneys
             ,
             Solicitours
             ,
             and
             others
             whom
             it
             doth
             concern
             ,
             are
             required
             to
             take
             notice
             hereof
             ,
          
           the
           honour
           of
           his
           Excellency
           Sir
           
             Thomas
             Fairfax
          
           and
           Army
           being
           so
           
             c
          
           much
           concerned
           ,
           for
           making
           good
           the
           said
           
             Articles
             .
          
        
         
           Dated
           
             at
             
               White-hall
            
             
               this
               13.
               of
               March
               ,
               1647.
               
            
          
           Copia
           Vera.
           
             Henry
             Whalley
             
               Advocate
               .
            
          
        
      
       
       
         
           
             Captaine
             Yeo
             :
          
           is
           authorized
           to
           make
           diligent
           search
           and
           apprehend
           
             Iohn
             Perryn
          
           the
           elder
           ,
           
             Iohn
          
           and
           
             Richard
             Perryn
          
           his
           sonnes
           ,
           
             Mathusala
             Bligh
             ,
             Philip
             Kingford
             ,
             Robert
             Martin
          
           and
           
             Iames
             Slowman
          
           of
           the
           parish
           of
           
             Holsworthy
             ,
             Iohn
             Coales
          
           and
           
             Iames
             Hobs
          
           of
           
             Milton
             Damrell
             ,
             Iohn
             Hearding
          
           of
           
             Shebber
             ,
             Thomas
             Wellington
          
           of
           great
           
             Torrington
          
           and
           
             Iohn
             Markeham
          
           of
           
             Littleham
             ,
          
           and
           to
           bring
           them
           into
           safe
           custody
           ,
           or
           cause
           them
           to
           be
           brought
           to
           the
           
             Provost
             Marshall
          
           of
           the
           City
           of
           
             Exon
             ,
          
           there
           
             to
             remain
             in
             safe
             custody
             untill
             they
             and
             every
             of
             them
             shall
             answer
             all
             such
             matters
             as
             shall
             be
             objected
             against
             them
             and
             every
             of
             them
             ,
          
           and
           
             Thomas
             Hewes
          
           the
           
             Marshall
          
           of
           the
           
             North
             Division
          
           of
           the
           said
           County
           of
           
             Devon
             ,
          
           and
           the
           Constables
           of
           
             Shebber
          
           with
           all
           other
           his
           Majesties
           Officers
           and
           loving
           Subjects
           within
           the
           said
           County
           ,
           are
           straightly
           charged
           and
           commanded
           to
           be
           aiding
           and
           assisting
           unto
           the
           said
           Captain
           
             Yeo
             :
          
           in
           the
           due
           execution
           hereof
           ,
           wherein
           they
           and
           every
           of
           them
           are
           not
           to
           faile
           ,
           as
           they
           will
           answer
           the
           contrary
           at
           their
           utmost
           perills
           .
        
         
           Given
           under
           my
           hand
           and
           Seale
           
             at
             
               Betford-house
            
             in
             Exon
             
               the
               6.
               of
               March
               ,
               1643.
               
            
          
           
             Vera
             Copia
             
               R.
               H.
               
            
          
           
             Iohn
             Berkley
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A25647e-110
           
             a
             Plundered
             from
             him
             to
             his
             undoing
             ,
             being
             a
             
               Gold-Smith
               .
            
          
           
             b
             By
             what
             Law
             or
             Commission
             can
             any
             such
             Order
             be
             granted
             by
             the
             Generall
             or
             Advocate
             .
          
           
             c
             O
             happy
             Malignants
             that
             can
             find
             such
             Patronage
             !
             O
             unhappy
             Parliament
             friends
             and
             sufferers
             who
             must
             bee
             thus
             enforced
             even
             after
             Iudgment
             and
             Verdict
             to
             lose
             both
             their
             costs
             &
             damages
             justly
             recovered
             against
             Cavaliers
             &
             Plunderers
             ,
             and
             thus
             tossed
             up
             and
             downe
             to
             their
             utter
             undoing
             against
             the
             expresse
             Letter
             of
             the
             Covenant
             ,
             &
             many
             Declarations
             of
             both
             Houses
             to
             repair
             losses
             ,
             &
             right
             them
             out
             of
             Malignants
             estates
             !
          
           
             d
             Where
             there
             is
             now
             a
             new
             
               Councell
               Table
            
             erected
             (
             it
             seems
             )
             far
             more
             extravagant
             then
             ever
             the
             King
             had
             any
             .
          
        
         
           Notes for div A25647e-690
           
             *
             Nota.
             
          
           
             a
             By
             what
             Commission
             pray
             ,
             without
             the
             Houses
             Orders
             ,
             and
             contrary
             to
             their
             Protestations
             ,
             to
             protect
             Malignants
             against
             their
             plunderers
             &
             undoers
             .
          
        
         
           Notes for div A25647e-1130
           
             b
             By
             what
             Orrinance
             ,
             Law
             ,
             or
             Commission
             ,
             they
             being
             no
             Souldiers
             ,
             but
             persons
             imprisoned
             and
             plundered
             of
             their
             estates
             ,
             for
             their
             zeal
             and
             good
             affections
             to
             the
             Parliament
             .
          
        
         
           Notes for div A25647e-1220
           
             a
             If
             so
             ,
             then
             all
             malignant
             Constables
             ,
             Officers
             ,
             and
             others
             ,
             that
             murdered
             ,
             ravished
             ,
             robbed
             ,
             imprisoned
             ,
             plundered
             or
             executed
             any
             of
             the
             Parliaments
             best
             friends
             ,
             by
             command
             of
             any
             person
             or
             Officer
             of
             the
             Kings
             within
             the
             Articles
             of
             Exon
             ,
             Oxen
             ,
             &c.
             shall
             be
             totally
             exempted
             from
             all
             actions
             and
             prosecutions
             ,
             though
             not
             within
             these
             Garrisons
             ,
             when
             seized
             or
             surrendered
             ,
             and
             is
             so
             ,
             all
             who
             have
             borne
             Arms
             against
             the
             Parliament
             shall
             be
             freed
             from
             Sequestrations
             and
             Suits
             upon
             such
             a
             generall
             extravagant
             construction
             .
          
           
             b
             Then
             they
             must
             follow
             him
             and
             it
             from
             one
             end
             of
             the
             Kingdome
             to
             the
             other
             ,
             and
             was
             there
             ever
             such
             a
             grievance
             or
             vexation
             heard
             of
             before
             ?
             or
             tyrannicall
             arbitrary
             usurpation
             .
          
           
             c
             The
             Lawes
             of
             the
             Kingdome
             ,
             and
             Rights
             and
             Liberties
             of
             the
             greatest
             friends
             to
             ,
             and
             sufferers
             for
             the
             Parliament
             ,
             ought
             to
             eversway
             the
             Generall
             and
             Armies
             honour
             ,
             and
             their
             Patronage
             of
             Malingants
             .