Lawyers Unmasked. OR, A Discovery of their Matchless Villainies, Intolerable Oppressions, and most accursed practices in perverting the known Laws of England from Summons to an illegal Capias for Debt. By which is discovered the great benefit and freedom that will accrue to the people of the Common wealth by the reformation of that destructive Law. With an appeal to the present Power for regulating the Law.  
By John Jones of Neyath, in Com. Brecon. Gent.  
The Contents whereof is in the next page  Luk. 11.46. 
Woe unto you Lawyers, for ye lad men with burdens grievous to be borne, etc.  
London, Printed for Thomas Matthewes at the Cock in Saint Paul's Churchyard. 1653.   

SEVEN TREATISES IN Reference to the Reforming of the Law and Lawyers.  

1. Every man's case, or Lawyers Routed.  
2. The Judges Judged out of their own mouths.  
3. Eight observable points of Law, fit to be known by every Justice of Peace.  
4. The authority of a Justice of Peace.  
5. The new Returna Brevium; or the Law returned from Westminster: to which is added the Petition of Right granted by King Charles the first.  
6. Jurors, Judges both of Law and Fact.  
7. The ●ry of blood; or a true answer to those 13 false Reasons of the Filicers, Attorneys, etc. for the maintenance of Capias, and Arrest of man's bodies for Debt.    

TO HIS EXCELLENCY OL. CROMWELL, Lord General of the Army of the Commonwealth of England.  
The Humble Petition of John Jones Gent. and others.  
Showing,  
THat whereas your Petitioner Jones, and another were committed and kept prisoners in the Fleet by the Barons of the exchequer, for executing Commissions under the Seal of that Court, and Teste of the Lord Wild for the discovering of divers lands in divers Counties forefeited to the Commonwealth, and concealed from them: Which your Petitioners have found out by the Oaths of lawful men, and returned as they were commanded, some of them to the said Court upon the expirations of their Commissions. And have another unexpired with the Inquisitions thereupon made & found in their hands, which Commissions and Inquisitions that were filled, the said Barons having notice by the Lawyers hired to attend them by the Concealers of the said Lands, that the Petitioner Jones wrote the book called Judges judged out of their own mouths, and other books which he dedicated to your honour and your Army, against corrupt Lawyers and their unlawful practices, for their own unconscionable gains and extortions contrary to all Law, Justice and Equity, & in subversion thereof, In their malignity to Jones, looked upon their own Commissions as erroneous and unwarrantable by Law (though presidented by learned and Judicious Lawyers in former ages) which precedents, the now Barons and Lawyers disregarding for the respect aforesaid, have ordered all the said Commissions to be suppressed and no more such to issue. And those that were together with the said Inquisitions thereupon to be vacated, to the damage of the Commonwealth found & to be fined 100000. The legality of which proceed is a matter of great concernment decidable by Law, wherein (if the Barons have erred in their Commissions, and Commands) The Commissioners that did but execute the same, aught not to be inprisoned and condemned by such Barons, nor the Commonwealths Interest be determined or waved by them, without Consent of Parliament and decision of the law upon the matter at large, being too much mischief to be committed or suffered to be done to the Commonwealth in the general, your Petitioners in particular, and to the Law itself by such dunstable Barons, as dare assume the chair of Judicature, upon the strength of their late unreasonable Statute for their excuse by way of misprision. Which is as much to say they may do what they list under the name of mistake. And so they may mistake not only the Law of England, but also the Law of God in both Testaments. In all which it is an Infallible Scripture, Ignorance is no Plea.  
The premises tenderly considered, may it please your honours to mediate to the house that the committee for the Regulating of the Law be impowered to examine the Petitioner Jones and all his proceed, and the legality thereof, according to the ancient practice of the fundamental Law of England; and also the illegallity and present practice of the now Judges and Lawyers, contrary to the former, and to certify their opinions therein to the house for Reformation to be had as to Law shall appertain. And that none of the Judges or processed Lawyers, who have declared themselves, your Petitioner. Jones his adversaries, be admitted to be his Judges, though members of the house, or of the Committee aforesaid. And that the Warden of the fleet be required to Enlarge your Petitioner Jones upon Reasonable bail to attend the said Committee, and the house, until his cause be determined. And that the Barons be Commanded forthwith to restore the said Commissions and Inquisitions to the file, which they have ordered to be taken of. And to issue more such Commissions to any that shall require them in the behalf of the Commonwealth. And that the Commission & inquisitions remaining in the Petitioners hands be returned to the said Committee to be determined accordingly.  
And your Petitioner Jones shall pray, etc.   

Dedicated to the Commonwealth in general with this short epistle, As the voice of the people is said to be the voice of God, let the glory of God be the voice and vote of his people. Amen yours john Jones.  
The case is.  
THat Right once so known aught to be so continued and maintained to the Right heir by the supreme magistrate, who is the Immediate vicegerent of God the Father, Protector of Right and truth, and hater of deceits, and falsities, nay is all and always himself nothing but Truth, Right, Justice, Love, Mercy, and Equity, unchangeable, everlasting, whose viceroys therefore aught not to carry his sword in vain, but defend Right, and cut of wrong at all times, all opposers and oppositions to the contrary notwithstanding: And to restore and Revive right, if suppressed or mortified by any force or fraud: how or how long soever any false laws, made by false Lawyers, contrary to the laws of God and Nature, and to the great Charter of England notwithstanding, proved by principles of Divinity, maxims of Law, And axioms of Philosophy as followeth.  
principle 1 God is almighty Gen. 17.1. yet cannot lie Heb. 6.18. Lawyer's can bend their tongue like a bow to speak lies Jer. 39.5. (In every court at Westminster nothing more common, especially Chancery) They have made their statutes of champertite to deter all men but themselves to take any part of poor men's Rights, to recover the rest from their oppressors, that forcibly and fraudulently detain all from them: their statutes of Fines and Recoveries to Establish the Right of the oppressed in the oppressor, their statute of Limitation to continued that wrong for ever, that cannot be righted within such a time as to their gain by both parties: They spin out with delays in Law, and make the right that it can be but Remediless by their Law for ever. Their Statutes to imprison men for debt, and make all bankrupts to enrich themselves, and many more, which I shall not here speak of in particular, but wish them for all their Inventions in general, to hear the word of the Lord, saying, ye scornful men that Rule his people, because ye have said we have made a Covenant with death, and with hell are we at agreement. When all the overflowing scourge shall pass through, It shall not come unto us, for we have made lies our Refuge, and under falsehood have we hid ourselves; Isa: 28.15. Therefore thus saith the Lord, I lay in Zion, for a foundation, a stone etc. Judgement also will I lay to the line, and Righteousness to the plumber, and the hail shall sweep away the Refuge of lies etc. And your Covenant with death shall be disannulled etc. When the overflowing scourge shall Pass through, than ye shall be trodden down by it vers. 16.17.18.  
principle 2 God is everlasting Deut. 33.27. Immutable in his promise and divine Counsel Heb. 6.18. his truth endureth to all generations Psal. 100.5.117.2.146.6. But the Viperous generation of Lawyers confine and limit it by their Statutes, that it shall by their consents endure not longer, nor reach further than they please. The lip of truth shall be established for ever. Prov. 12.16. But Lawyer's lips and labour run counter. Buy the truth and cell it not Prov. 23.23. But Lawyers cell the Law which in itself is truth, and buy false titles. And purchase to themselves great Revenues without Right Psal. 19.8.  
principle 3 God is a god of truth Psal. 31.5. Isa. 65.16. Jer. 10.16. 2. Cor. 1.18. And Commandeth his children not to lie one to another, Levit 19.11. Col. 3.9. And a Righteous man hateth lying Prov. 33.5. The devil is the father of lies and liars Jo. 8.44. He that speaketh lies shall not escape Prov. 19.5. but shall perish: vers. 9 If a Ruler harken to lies, all his servants are wicked: Prov 29.12. our Lawyer's love lying and make their live thereof. Whose sons and servants they be, I leave to the Judgement of God and his Saints.  
God is a God of peace, yea even the everlasting Father and Prince of peace, of the Increase of his government and peace, there shall be no end, upon the throne of David and upon his kingdom to order it and to establish it with Judgement, and with Justice, from henceforth even for ever. The zeal of the Lord of hosts will perform this Isa. 9.6.7. Now my Lord General, and all you valiant and incomparable Commanders, officers & soldiers of the host of God, raised and continued by God's providence for the Reformation, as well as preservation of this our English, Israel, digest these promises of the Lord of hosts into your hearts, Act them with your hands, confided in his zeal who telleth you he will perform, & sear not the vain threats of Babbling lying Lawyers, who out of the confusion which they found in their Consciences, since they are uncased of their Canting pedlars french, have lately and frequently menaced you behind your backs, that if you should offer to ungown them, they would unsword you: yet persuade you to your faces that their said Statutes and the like were by their predecessors devised, and are by them maintained for preservation of peace. Consider what peace it is that establisheth wrong instead of Right deceit & falsehood instead of Truth and Righteousness. Is it a peace for any but themselves and their Adherents, to withhold heir wrongful possessions from the Right heirs and owners. Doth not the Lord tell you and them, there is no peace to the wicked? Isa. 48.22. And Moses forbidden you to seek their peace, Deut. 23.6. Have not you a further promise of God which concerneth not them, saying, the Lord will bless his people with peace Psal. 29.11. Not Scribes and Pharises, the chief Lawyers in Christ's time, who denounced eight woes against them. Matth. 27. Luke. 11. And not such peace as can be separated from Righteousness, for saith the Royal Prophet, Righteousness and peace have kissed each other Psal. 85.10. Believe them nor therefore that have healed the daughter of my people slightly, saying peace, peace, when there is no peace. Were they ashamed when they committed ab●homination, nay they were not a● all ashamed, neither could they blush, Therefore they shall fall amongst them, that fall at the time that I visit them. They shall be cast down saith the Lord Jer. 6.14.15.  
principle 3 God is a God of Love, and commandeth each child of his, thou shalt love thy neighbours as thyself, Levit 19.18. Matth. 5.43. Mark. 12.31. were Lawyer's God's children, and loved their neighbours as themselves, how could they cheat them as they do, and possess themselves and their brood by force, fraud and deceit of all they can of their neighbour's rights, and by such means make themselves so potent and numerous a generation, as they are in this land. Yet if thou shalt say in thy heart These nations are more than I, how can I dispossess them. Thou shalt not be afraid of them: But shalt well remember what the Lord thy God did to Pharaoh, and unto all Egypt Jer. 7.14.15. Thou shalt love the Lord thy God, and keep his charge and his Statutes, and his Judgements and his Commandments always. And know you this day, for I speak not with you children, that have not known and which have not seen the Chastisements of the Lord your God, his mighty hand and stretched-out Arm, and his miracles etc. Deut 11.1.2.3. O love ye the Lord all his Saints, because he hath set his love upon you. Therefore will he deliver you Psal 91.14. But favour no oppressor, and know that in a magistrate to spare them is to help them: Which who doth, let him hear what the Son of a Prophet asks such a magistrate, and Answers himself. Shouldst thou help the ungodly, and love them that hate the Lord: Therefore is a wrath upon thee from before the Lord 2. Chron. 19.2. And learn of a Prophet these ensuing Characters of the ungodly. Who hate the good and love the evil, who pluck their skins from of them, and their flesh from their bones, and chop them in pieces as for the pot, and as flesh within the Cauldron (who when they shall be visited) Than shall they cry unto the Lord, but he will not hear them, he will even hid his face from them at that time as they have behaved themselves in their do, Thus saith the Lord concerning the Prophets that make (his) people err, that by't with their teeth and cry Peace Micah 3.2.3.4.5. Moore principles of divinity could I allege for this purpose, might I think these Joined with all our experiences should not suffice to describe our Westminster Lawyers, in their own kinds and colours, but believieng thus much will serve for this time, I shall apply myself to the Maxims of the Law of England, which I found conducing to the same end as followeth.  
maxim 1 First Right cannot dye saith Littleton, Sect 479. And Cook upon the place fol 279. Yea, although the disseised should Release his Right to the disseisee, or turn Tenant, It is inconvenient that the Right should dye, but live Recoverable in and to his heir. Which if true (as all Maxims are or aught to be) How can our Recent and present Judges and Lawyers, that murder this everlasting Right with their Statutes of Fines, Limitations, etc. maintain their predecessors Inventions against the Law of God, the great Charter, and this Maxim, without appearing manifest subverters of the Law of England, which Doctor & Student affirmeth, and the mirror of Justice proveth punctually by Analysis. And these men themselves sometimes brag of to be derived from, and grounded upon the Laws of God, and nature, According to the Advice of Eleutherius the 3. to King Lucius recorded by Mr Fox & others, and consequently Traitors to the Law and Commonwealth, whose estates Real and Personal aught to be confiscated to the use of the Commonwealth, from which they filched them (as I have proved to be their own censures in my treatise called Judges judged out of their own mouths) And their costly Carrion Carcases, fit to be hanged as 44. of their predecessors were in one year in King Alfreds time, as witness the mirror page 239.240.241.242.243. etc.  
maxim 2 Secondly it is a Maxim of Plouden in his Commentaries upon the Law of England, Resolved in the Earl of Lesters Case. That all human Laws made contrary, or not consentaneous to the Laws of God and nature, although by Acts of Parliament, are voided, and need no Repeal to vacate them: Which if true, how can our filicers maintain their blasphemous Reasons Printed, and published under their hands, and Continued their extortions. And how can the Judges and pleaders of the Law, Countenance or suffer them and their prothonotaries, and the Rest of their ministers, to continued their said extortions, and increase them more than ever before? And do the same themselves without incurring the penalties aforesaid.  
maxim 3 Thirdly it is a positive Maxim of Law declared in the great Charter cap 29. That no freeman of England shall be disseised of his Inheritance or birthright, without the Judgement of his peers and vicine neighbours. Which if so, how can any disseisor disseise or dispossess any freeman of England of his inheritance or birthright by force or fraud? Or how can any Judge or pleader of the Law countenance, or maitain, or suffer such disseises unrestored by them to the right heirs without incurring like penalties as aforesaid.  
maxim 4 Fourthly it is another Maxim declared in the said Charter cap. 11. and approved by the mirror page. 234. That no Common Pleas shall follow the upper bench (which if true) how can the Judges of the upper bench by Law Commit men for debt, which is a Common Plea? That hath no Relation to felony, trespass upon the case, trespass vi et armis, or any trespass at all, to their marshalsey, or any bailiff arrest them, or any Jailer Receive & detain them, upon bills of Middlesex, and Latitates (which expressly run for Trespass) and famish them to death (an Incomparable false Imprisonment and murder) in the name of Law and Custom because long practised, not only without any colour of Law, but expressly against it without incurring like penalty as aforesaid.  
maxim 5 Fifthly it is a chief Maxim of the Law of England, that the Law itself is and aught to be the only Right, full, and sufficient, Rule of all Judges and Lawyers, by which they aught to be ruled, and not offer or presume to overrule their Rule, which if they could but rightly understand (saith Cook upon Magna Charta) would never suffer them to err; had Baron Tomlius understood this Rule, he had not tumbled himself upon his tellclock seat as he did to convey the poor opinion of a prattling Barrister, which stood on his left hand to another Baron that sat on his Right, to hasten my Commitment to the fleet, in respect of my books, not my cause or had his fellow Barons known how unlawful it is that I should be examined upon interrogatories, by or before such Judges as declared themselves my adversaries in their open Court. Or how little I care for their malice, I believe they would not have been so hasty to commit me as they were, but shall Judges and Lawyers, that profess knowledge in Law, subvert it when they please, by pleading misprision, that is to say mistake. And their late Statutes made for that purpose, and alleging, that if they should be hanged, none would be Judges after them. Did King Alfred found it so, did not a heathen King make the Son sit Judge over a cushion, which he had caused to be made of his father's skin, His Predecessor Judge in the same place, to mind him, that if he would violate the Law as his father did, he would serve him alike? doth not our Law compel men to be Shreiffs and Constables etc. If they Resuse being chosen? And do not we found such Refusers, when they are sworn officers, fittter and honester men than offerers. Are not I gnorant intruders without either choice or approbation of their Countries, worthiest to be hanged of all Interlopers, for taking & keeping places of Judicatures from more knowing Justicers; Baron Thorpe insisted much in Court upon the statutes of misprision, whereof a Judge of his name could make no use to save his hanging, nor did his hanging deter the Baron to become a Judge, & an over-ruler of the exchequer Court, though not half so knowing a Justicer as his name's sake, or Wild his foreman. Who is so Just as to detain 500 l. Land a year from the Right heir, without any good title (as is Reported) And therefore thought it Just to wayve and damane his own Commission to Inquire for such things, and punish me for the excuting of it. To conclude this point, were all prevaricating Lawyers hanged, honester men would be found for their places. And have they not incurred the said penalty by this Maxim.  
maxim 6 Sixthly, it is a Maxim of truth and common reason, chief grounds of our Common-Law, That force, sraud and deceit are the greatest opposites and enemies to all Just Laws. And that all Just Laws are or aught to be sufficiently powerful to subdue and supplant them. And that therefore it is that the sword is put into the Magistrate's hand not to hold in vain. And wisdom put in his head to discern and prevent, or punish frauds and deceits more dangerous than force, because more clandestinely acted, & under colour of Law, while force thrusteth itself to sight, and defies Justice to her face, chance what william. This is Justice Northyes Resolution, the other Bailiff, and Willmot. But do not all such Judges, as prefer wrong before Right, and falsehood before truth, Incur the said penalty.  
maxim 7 Seventhly, it is a Maxim of Reason, that all nations are or aught to be governed by Just Laws. And that their supreme Magistrates should want no Power or means to execute their Laws, so that their Subjects should have Right at all times without delay or partiality, or more cost than the cure is worth. And thus much was agreed upon between the King's people of England, in and by the great Charter cap 29. And is not the great Charter confirmed by above 33 Parliaments, corroborated upon the Petition of Right Tertio Caroli, and Ratified by this Parliament, which if it be so, how can it be said that any Statutes made contrary to the Law of God and nature, and the great Charter, shall stand up against them, although not expressly Repealed. Or how can they be alleged to bind the supreme Magistrates, that are sworn to do and maintain Right and Justice to all men, at all times, in all places of the land by their proper subordinate's in every County from so doing, but by traitors to God and the Commonwealth? or how can the Judges at Westminster confine and contract all the Law of England in and to Westminster, and into 4 terms yearly to be only determined by them, that surcharged with multiplicity & abundance, end not a Rich cause in 7 years, nor a poor man's while he lives. And when they seem to finish a cause or decree or Judgement, it is more to their gain than their necks are worth, and cost to their Judicated than their causes are worth, (nor do they commonly finish any cause at any time, but leave it upon a quillet, whereupon to revive it at their pleasures without their incurring like penalties as aforesaid.  
maxim 8 Eightly, and lastly, It is a common Maxim, not only of common reason, but also of the express Law of England. That by the Law of the Land no man is bound to accuse himself; If so, what meaneth the Jesuitical Spanish Inquisition, Introduced to the Exchequer and Chancery of England to interrogate men against themselves, and imprison them until (to attain their liberties) many faint-hearts are forced to perjure themselves, to accuse themfelves of things whereof they are guiltless. That Judges and Lawyers and their Imps may beget causes to extort Fees as well by Innocent men's forced Oaths against themselves, as by their own wilful and malicious perjuries against all men but themselves. Whereby contrary to Saint Paul's Doctrine, that an Oath for confirmation is unto men an end of all strife, Heb. 6.15. Lawyers make it a beginning, and contrary to God's commandment, saying, love no false Oath, Zachar. 8.17. Lawyer's love to force, procure, and multiply them. And shall they not incur the said penalty by this Maxim?  
So much for Law Maxims for this occasion at this time, to conclude with Axioms of Philosophy conducing to this matter.  
axiom 1 Health is the greatest happiness man can desire. Sphinx Theologica Philosophica de Medicina, pag. 539. It is twofold, that is to say, first of the Soul, for which Christ is the only Physician, who to ease man of his sin, the chief cause of all diseases, both Ghostly and human, took upon himself, that had none, all the sins of the World. And died to redeem all penitents from eternal death, the due punishment for sin. The second is of the body, for which the best man Physician called by God to that vocation, and gifted accordingly, is to be honoured before many, because by his faculty with God's assistance the Corporal afflictions of many are restored to sound health, the agony of others qualified; And which is most of all worthy consideration, stays the Souls of many in the prisons of their bodies (by God's Providence) until longer and seasonable times of Repentance & amendment of their lives. And these are the gifts of God, and endeavours of good Physicians.  
Contrariwise our Judges and Lawyers, and their monstrous many headed whelps requited their patiented profitablest clients with, not only sickness both of souls & bodies, but also the death of both, so far as in their power lieth, as is proved by woeful experience thus. Debtors, not able to pay their debts, are committed for their debts upon capiases, Latitates, and outlaries for trespass, by the Judges of the upper bench, being no Judges in that case, to their marshallsie; become there sickened in their minds and souls upon such their commitments, considering there is no Law to Warrant such do, but the wilful Customs and practice of the said supposed Judges, to murder men in and under the name of their Law, for their own gain and superfluities, worse than high-way-men that act manfully to relieve their wants. By the name and Custom of Lawless necessity, for which, if convicted of the fact, they submit to the Law, which Lawyers would defeat by calling their facts misprisions, which in effect are prizes lesle lawful: than Robbers, and more abusefull to the Law and Commonwealth, because committed under colour of Law and Justice. Further the sickness of the minds and souls imprisoned, is aggravated with the consideration of the wants, and miseries which their wives, children and families (that were want to be sustained by their liberty to care and provide for them) must endure by their Captivity, their bodies and their families participating of these and more griefs of their souls. But more sensible of their hunger and thirst, cold, and nakedness when they have sold even their apparel as well for night as day, to pay their Goalors and their master's extortions; and prolong their own miseries so far as their abilities last. And the cruelty of their Gaolers (when they fail to bribe them) in crowding them in dungeons where they must infect on another, with a necessitated Contagion caused by their Gaolers' covetousness, to gain by hiring all the Rooms and liberties of the prison, ordained by Law to lawful prisoners, to cheators, voluntary prisoners, & wilful assumers of the denomination of prisoners, to defeat their Creditors of their Rights by which they live Riotously upon their Creditors charge, & their Creditors perish for want of their own. Judges, Lawyers, Gaolers live, & flourish by the ruin of them both, granting liberties to all such said cheatours, contrary to all Law, to walk and take their pleasures as they list, some throughout England, and others to the East and West-indieses. And thereby feasting their bodies and their Imps upon the fast of their finders, and thriving in their wickedness till God rebuke them. The Warden of the Fleet I found by Law is no Gaoler within the Statute of H. 6. And by experience a Gentleman merciful and affable to the poor, satiable and unburthensom to the Rich, compassionate, and comfortable to all his prisoners, so that (by God's providence and his clemency,) he and we live wholesome in our bodies, and cheerful in our hopes. I writ not this digression in flattery; but in duty to declare truth as I found it. So returning to my tenet, it is the sickness and death of the Souls and bodies of all their Clients and their Families, (except those of their Consorts) that the Art of our modern Lawyers practiseth upon, And if perchance they ease a Rich client of some part of his pain for their own extracrdinary gain (except their deed be taken for their will) they shall hardly obtain heaven by their merit. These are the instigations of the Devil, & endeavours of bad Lawyers. It is the health of their patient's souls and bodies that the art of Physicians worketh upon. And although some Medicasters', that have not the art, Intrude into the profession, and kill more than they cure for want of skill, not good will, their will being taken for their deed pleads more in mercy than Lawyer's misprisions.  
axiom 2 It is an Axiom which Theodectes a famous Philosopher, Cited by Stobaeus in his 66. Sermon, That all men endowed with natural abilities desire 2 things before they have them, which many when they have them, desire to be rid of. That is to say old age and wives. Cicero upon Cato Major maintaineth the same in effect. The causes of these 2 desires are twofould. That is to say in good men for divine ends, In bad men for their worldly pleasures, Their summum bonum, beyond which they have neither hopes nor desires: But for the desires of good men to be old men, Ambrose Hex lib 1. saith, that although old age, in most men, is most subject to corporal Infirmities, It sooner endeth the miseries of this life, and openeth the gates to a happier. In good manners it is most decent, In Counsel most subtle, in constancy to embrace death most stable, in Repressing lusts most strong, and finally the Infirmity of the body, is the sobriety of the mind.  
In bad men their desire of old age is to prolong their earthly pleasures in their enjoyment of other men's Rights, which they possess by force, or fraud or both, and famishing the Right heirs in dungeons, while they pamper their own bodies and their Imps in their sumptuos Palaces, built upon their prisoners Inheritances. Living in which Condition we may observe them in their health secure, in their sickness timorous, and Commonly distracted, in their deaths desperate, in manners riotous, in counsel wicked, in lusts insatiable, finally the strength of their body is the madness of their minds. And are not these the true Characters of our Lawyers and their adherents. To the next point, good men love to meet with good Wives, like Isaac and Rebecca, to be their Consorts, Comforts and helpers in goodness, to propagate Saints as well by their examples of life and Conversation, as by their natural endowments to accomplish the end of their Creations, that is to say, to fulfil the number of the elect, to inherit the Kingdom of Heaven by the merits of their Saviour. And in the time of their pilgrimage, and way thither, to endeavour the Increase of the glory of God, and the Peace, Love, and Unity, of his people in this world. Bad men desire wealth wanton mercenary Wives, to be their Companions and helpers in mischiefs, as Isabel was Ahabs. To incarnate and multiply Devils as well by their examples of life and Conversation, as by their natural endowments to accomplish the end of their miscreancie. Briefly to cooperate with them in all endeavours to increase the delusions and dominion of the Devil, and the sedition, hatred and enmity of this world. So that at last they must as brothers in Iniquity, with Antichrist, become possessed of hell, where there is endless sorrow and gnashing of teeth, a place provided for them before the world began, from which God deliver us: But are not these also true characters of our Lawyers?  
Popes, that have thought themselves as omnipotent as Common Lawyers, never offered to divorce men from their Wives, but where they Judged the marriage unlawful for some Reason, or pretence of Reason in their Laws. But our Lawyers and their Goalors &c by fetching men from the Remotest parts of England to Westminster, and Committing and detaining of them for debts, or most commonly for supposed debts or trespasses without any colour of Law, while their adversaries (most frequently Lawyers Attorneys) etc. Insinuate, solicit, and at last, by their diligence, lies, false messages from their husbands, and other diabolical practices, overcome their feminine frailties, and make them their Whores, get their consents to possess themselves of all their husband's estates, real and personal, consume part of the personal to feast their Whores at the lower end of their tables, where their own Wives sit at the upper, and their families between. While they contrive Conveyances with fines and proclamations to assure their prisoners Real estates to themselves and their heirs, to which their bewitched Whores give way, and their Imprisoned husbands never hear of the matter till too late to be remedied by our Lawyers Law. Is not this more and worse than a popish device: Others they fetch from nearer parts Prisoners to their Marshallseas, suffer their Wives to board and bed with them until they have sold beds and all, and than failing to satisfy extortions, their husbands are dungened and their Wives cast & kept out in the street, except yielding to the lust of a turn-key, such as he liketh, be let in to serve his turn and after turned again to the rest in the street, where often they and their children starve, not daring when they found any scraps to aneer their husbands and parents, to relieve them with any till all be starved. In streets and dungeons Husbands Wives and Children. Creditors look after your debts, what might have paid you part, if nor all in time, had you taken a lawful Course, Gaolers and their partners have parted in fees, usurer die with grief, not for the loss of thy debtors but the debt and boast of thy Revenge, thou hast dice of his bones. Is not this more and worse than the Pope's divorce, yet more and worse than this, Judges and Gaolers do in diverting and restraining the Saints of God from his service, and hearing of his word preached, by which faith cometh and is maintained, so far as in them lieth, except when in malice to some Orthodox minister, not love to the prisoners they cast him amongst them, not to the end to better them, but to worse himself.  
The premises considered, Let all men assure themselves, God hath a greater quarrel with this Nation than can be appeased till the land be cleared of such Achans. Parliament spew them out, Army drag them out, to quarter them is freer for thee than any free quarter in the Country. Because their wealth, filched from the Commonwealth, aught to be restored to it, and to thee first that best deservest thy share therein Read the Histories of England, and found Lawyers the causes of all our Civil Wars in all ages, observe what success we have at this present by employing men of that profession to mediate with foreigners for Peace, and so soldiers look to your own, and far well upon your own, which the Law maketh and will maintain to be your own as shall be made good to his death, by your faithful and loving friend  
john Jones.   

The General Case concerning the relief of right Heirs, dispossessed of their Estates by force and fraud  
THat Right once known so to be by Records, or other sufficient testimonies, aught to be so continued and maintained by the Supreme Authority, appeareth by the writ of Right both patent and close, both in the Register and Fitz-herberts' Natura Brevium declared at large, commanding inferior Magistrates to hold right in its right place against all deforcement committed by force or fraud, and that without delay, and so righteously and fully, Ne amplius inde clamorem audiamus.  
2. That as what is right, is just, & what is just, is right; So the Supreme power is bound to maintain both, without denial, delay, or corruption, appeareth by the great Charter, which saith, we shall deny, delay, or cell Justice to no man.  
3. That not to do right and maintain it, is in a Magistrate, to do wrong and maintain it, is a Principle of common reason, which is one of the chief grounds of all human Laws.  
4. That all Supreme Magistrates, are or aught to be bound by Oath to maintain right and truth against force and fraud, to all their Inferiors; and both to restore and defend the oppressed, and punish the Oppressor, appeareth by the Oaths of Kings, and late Covenants and Votes of this Parliament, the performance and practice whereof, is all that aught to be wished by any wronged person.  
5. That by virtue of such Orths, Votes, and Covenants, & the Authority upon that Trust settled in the Supreme Magistrate, he becometh interessed in all men's Rights; so that when they are wronged, the Party grieved aught to sue for redress, as well for the State, as for himself, as appeareth by the Writ of Deceit and discourse thereupon in Fits. Herbert; Natura Brevium, and the Register, and Rastall and Cooks Books of Entires at large.  
6. The Sepream Magistrate being so invested in the right of the oppressed, cannot be disinvested, disseised, expulsed, or outed of that Right by any inferior, having the posse or Power, not only of the County, but also of the Law and Commonwealth, to right and restore the Party expulsed to that Right remaining in the Eye of the Law fixed in the Magistrate; so that it can be said to be but intruded upon, and wrongfully detained from him, and not disseised or expulsed, and the Party grieved and expulsed of his right of possession, hath a right of Inheritance by descent, as appeareth by Inquisitions upon post mortem, where the Party grieved is found Heir to his Father or Cousin; and said, that the Inheritance of right, is descended and come Prout Lex postulat to him, and the Writ of Right determineth as well the right of Inheritance, as the right of possession, as appeareth by the judgements thereupon related by both Rastall and Cooks Books of Entries at large.  
7. That the late Statutes for Champerty, Fines, and Limitations, reach not to the Supreme Magistrate, that is sworn to restore and maintain right, without any respect of time, person, or condition, appeareth rational and necessary in construction of Law, to save his Oath.  
8. That they are voided Laws, appeareth by three Reasons, ratified by sound and approved Lawyers: First, for that they are contrary to the Law of God, which admitteth of no time or means to bar or keep a man from his Right, but his own Decree upon the merit of the Party interressed; as the Captivity of the Israelites in Babylon & Egypt for seasons; or the consent of the Party to divest himself of his Right by slighting it; as Esau sold his Birtht right for a mess of Pottage: Secondly, for that they are against the great Charter which alloweth of no Disseision or Possession gained thereby: Thirdy, for that, where Deceits are the Grounds of Fines, those Deceits found and proved, shake of all Buildings raised thereupon, as appeareth by the proceeding usual upon that Writ in the Books of Entries and Terms of the Law.  
9 That Parties grieved have used to entitle the Supreme Power for the time being to their Rights of Inheritance, by Gifts, Grants, and Forfeitures, upon Conditions not performed, whereby to overpower those that overpowered them appeareth by several Precedents extant.  
10. That the Exchequer, is the proper Court for the intituling of the Supreme Power to such rights, appeareth by the Great Charter, which established it several Ages before the Chancery came to being: and the practice there was never discontinued, as appeareth by Commissions granted to inquire, and Inquisitions returned there, and Proceed had thereupon in all ages.  
11. That the Supreme Power being entitled, aught not to be suspended or Wayved without his consent, is to be considered.  
12. That an attachment before summons, is an unlawful Process, especially against such, as offer to appear gratis, appeareth more hasty, than wise in the Procurers.  
The premises considered, and the Weight thereof being matter of Law, and the profit tending to the enabling of the Parliament to pay their debts, and discharge their Trusts to the Commonwealth, and the opposition made in this case, being but by such as have gained the Estate, and Right of the Commonwealth to their own particular possession by fraud or force, and further gained Acts of Parliament contrary to the Law of God, and the great Charter, to settle them in other men's Rights, under pretence of a peaceable way, contrary to the Scripture, No Peace to the wicked, let all honest and right Christians deliberately ponder the matter, and aid the Truth in what they may, so craveth the wellwisher of all such,  
john Jones.  
FINIS.   

JUDGES JUDGED out of their own mouths. OR The QUESTION Resolved by MAGNA CHARTA, etc. Who have been England's Enemies, King's Seducers, and People's Destroyer's, from Hen. 3. to Hen. 8. and before and since.  
Stated by Sr. EDWARD COKE, Knt. late L. Chief Justice of England. Expostulated, and put to the Vote of the People, by J. JONES, Gent.  
Whereunto is added Eight Observable Points of Law, Executable by Justices of Peace.  Abusum ego, non usum forensem damno. 
Ex legibus illis quae non in tempus aliquod, sea perpetuâ utilitatis causâ in aeternum latae sunt, nulla abrogari debet, nisi quam aut usus coanrguit, aut status aliquis Reipublicae inutilem fecit.  Tit. Liv. lib. 4. dec. 4. 
LONDON, Printed by W. Bently, and are to be sold by E. Dod, and N. Ekins, at the Gun in Ivy-Lane. MDCL.   

To the Right HONOURABLE, HONOURABLE; Right WORSHIPFUL, And Wellbeloved, the COMMONS, and PEOPLE of England Universally.  
BEcause Magna Char. Printed in English, An. 1564. and bound up with other Statutes at large (too Voluminous, and costly for the generality to read, or buy) doth yield lesle profit than hath been long necessary; I have presumed at the instance of some, to Dedicated this Treatise to you all, as it concerneth the good of all that be, or would be good, & the hurt of none that have left any unhurt: wherein you shall found so many Chap. of Mag. Char. Confir. Char. Art. super Char. and other Statutes at large, corroborating the same; and the L. C. Exposition thereupon, with some Expostulations, and Queres of mine own, as I thought requisite, or convenient for these times. The rest of the Charter, concerning the Church, (yet unsettled) or the King's Tenors, (otherways disposed of) I have omitted as useless; desiring that thus much may prove useful to all undertakers of Reformation, as well Martial, as Civil.  
Whose Servant (to my power) I shall ever be, and continued with due faithfulness, and humility. Jo. Jones.   

The Great CHARTER of the LIBERTIES of ENGLAND, Granted to the People of the same, By King HENRY the third; And accorded between him and them in divers full Parliaments, as followeth, viz.  
HENRY, by the Grace of God, King of England, Lord of Ireland, Duke of Normandy, and Guienne, and Earl of Angeow. To all Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, Sheriffs, Provosts, Officers; And to all Bailiffs, and our faithful Subjects, which shall see this present Charter, greeting.  
Know ye, that We to the honour of Almighty God, and for the salvation of the souls of our progenitors, and Successors, Kings of England, to the advancement of holy church, and amendment of our Realm of England; of Our mere free will, have given and granted to all Arch-Bishops, Bishops, Abbots, Priors, Earls, Barons, and to all Freemen of this Realm of England for evermore.  
Cap. 1. Liberties. First, We have granted to God, and by this present Charter have confirmed for Us, and our Heirs for evermore; That the church of England shall be free, and shall have all her whole rights, and liberties inviolable: We have granted also, and given to all Freemen of our Realm, for Us, and Our Heirs for evermore, these Liberties under-written, to have and to hold, to them, and to their heirs, of Us, and Our heirs, for evermore.  
Lord Coke upon Mag. Chart. Fol. 1. Here be four rehearsals (saith the Lord Coke) of four notable causes of the making this Law. First, for the honour of God. Secondly, for the health of the King's soul. Thirdly, For the exaltation of the church. Fourthly, for the amendment of the Kingdom. And all granted to all subjects, and their heirs, from the King and his heirs for evermore; That the great Charter might live, and take effect in all successions of ages for ever.  
Expost and Quer. The last of these causes which the L. C. in his Preamble calleth the ends for which this Charter was made, being for the amendment of the Realm, was (saith the L. C. upon the first chapter of confirmatio Chart. fol. 529.) to amend great mischiefs, and inconveniences, which oppressed the whole Realm before the making of both Charters, viz. This, and the Charter of the Forest, which (saith the L. C. in his Preface) were declarative Acts of the old Common-Law of the Land, and no introductives of any new Law. If the mischiefs, and inconveniences of the Realm were great before the said Acts were made to declare the Laws of the land, which formerly the lawyers reserved to themselves, till than undeclared? Were there not greater since those Acts were made, and the Laws thereby declared, and since the accord of King and People, to keep the same inviolable, when, and as often as they were violated by Kings, and their Counsel, learned in the Laws? As hereafter shall appear.  

Cap. 8. Debt. Debtors. Sureties.  We, nor Our Bailiffs shall not seize any lands, or rend, for any debt, as long as the present goods, and chattels of the debtors do suffice to pay the debt, and the debtor himself be ready to satisfy: Therefore shall neither the pledges of the debtor be distrained, as long as the principle debtor is sufficient for payment of the debt; and if the principal debtor fail in payment of the debt, having naught wherewith to pay, or will not, where he is able ' enough; Than the pledges shall answer for the debt; and if they will, they shall have the lands, and rents of the debtor, until they be satisfied of that which they before paid for him, except that the debtor can show himself to be acquitted against the sureties.  

L. Coke upon M. C. fol. 19  We (saith the Lord Coke) spoken in the politic capacity of a King, extendeth to his Successors. And by Bailiffs, are meant Sheriffs, who writ Baliva mea, etc. And by the words shall not seize is expressed the King's Grace, who by the Common-Law had Execution against his Debtors bodies, lands, and goods. And by the Statute of 33. Hen. 8. cap. 9 The Sheriff is to inquire etc. and to exten●… all Lands, Goods, Chattels. etc. and 〈◊〉 take and imprison the Bodies, as by the Stat. appeareth, and as the daily practice showeth.  

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

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

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

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

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

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

Expost and Quer.  Do not the L. C. words, viz. (Before this Statute, etc.) imply, that after the Statute, Common-Pleas aught not to be holden in the Kings-Bench, nor all Writs be returnable into the same Bench? Doth the Register, or Natura brevium therefore show any Writ for debt returnable to the Kings-Bench? Doth not Fitz. H. natura brevium fol. 119. h. & k. declare that there is not Writ in Law for debt, but a Justicies, which is a judicial Commission to the Sheriff to determine the matter, Nè amplius indè clamorem aeudiamus: So that the Kings-Bench aught not to be troubled with the matter at all? or if an Original returnable to the Common-Pleas? Doth not that Original declare itself to be a Summons? And doth not Mr Kitchen in his Ret. brev. fol. 4. Tit. come. bank, declare, that Summons, Attachment, and Distringas, succeslively distant fifteen days one after another, is the only Process at Common Law? The Kings-Bench, and Common-Pleas aught to practise by the Common Law, declared by Mag. Chart. and accord of the King and People; declared and enjoined to be observed inviolable, and immutable for ever. Did ever any Judge of the Kings-Bench, or Common-Pleas, advice, or consent to the making any Statute, or Law to the contrary, (being sworn to execute and maintain Mag. Chart. as anon shall appear all were, or aught to be) and was not perjured? Did, or doth any Judge of any Court of Record, observe any such Law being so made; or practice, or suffer to be practised (where he hath authority) any suits or proceed contrary to Mag. Chart. and was, and is he not perjured? Doth not the practice of the Kings-Bench still show, that thence doth issue no other Writ for debt, than a Bill of Middlesex, or Latitat, which express themselves to be for Trespass? Are not those Writs still returnable ubicunquè fuerimus, and the Kings-Bench therefore still removable at the Kings will? whereupon (as saith the L. Coke) many discontinuances ensue, and great trouble of Jurours, charges of Parties, and delay of Justice; for which causes (he saith) this Statute was made. How doth this Statute (if therefore made) prevent such discontinuances, trouble, charges, and delay of Justice, but by declaring, that Common-Pleas shall not follow the Kings-Bench? How contradictory to himself is the L. Coke than, when he laboureth to make Common-Pleas lawful to be holden in the Kings-Bench? And if (as he saith) the Pleas of the Crown were divided into high Treason, Misprision of Treason, Petty Treason, Felony, etc. & limited to the Kings-Bench, because count. Coron. & dign. Regis; so that of these (saith he) the Common-Pleas cannot hold Plea. By what Justice can he desire to hold Common-Pleas in the Kings-Bench; unless because more gainful, (as when he was supplanted by his successor, under colour of preferment, from the Common-Pleas to the Kings-Bench, he passionately expressed the difference, saying, That he was called from the warm kitchen, to the cold hall:) and that therefore he desired to reduce Justice to his desire, rather than his desire to Justice? But let us examine his Arguments for that purpose. First, (saith he) The King is out of this Statute. How? out of this Statute, which above all other, the King was sworn to observe, and obey, and to violate was perjury, and punishable in all men without regard of persons, and no lesle in the Lo. C. to say and writ otherwise? But (saith he) the King might sue in his Bench. And so might he in any Court of Record which he pleased; for all such courts are called his, and have power under him, to administer Justice to all men, according to their Commissions and Charters, as well as the King's Bench; and therefore he had his Attorneys, and solicitors, attending many such Courts. Secondly, (saith he) if a man be in custodia, any other may lay upon him any action of debt &c. because (saith he) that he that is in custodia, aught to have the privilege of that Court. Now if a man be in custodia for Felony, etc. and an Action for Debt, etc. be laid upon him, shall his privilege in being in custodia keep him from hanging (if he deserve it) till he pay the debt? or if he be hanged, and have any goods, shall the Creditor be paid his debt out of the same; or if he have any lands, out of the Escheat? I believe not. If a man be not in custodia, but a Justice of Peace, or a Grand-Juror, attending Sessions in Cumberland or Cornwall, what privilege of this Court doth he need? If he be arrested there, upon a Writ of trespass, when he is guilty of none, is he not more disgraced than privileged by this Court? when he is forced to appear in this Court for trespass, and nothing declared against him for any such matter, aught he not to be dismissed for that matter, with costs, and damages, answerable to his disgrace and expenses, though arrested at the King's suit? Shall the King do any man wrong? how than doth the Maxim hold, that he cannot? Shall this Court abuse his name, to wrong his Subject? Is not Injustice, Perjury in a Judge sworn to do Justice? Is not all against Mag. Chart. and truth, which is, God himself? If not so dismissed, shall a declaration be admitted against him upon an Original for debt, where neither such Writ, nor cause belong? And shall the Defendant be enforced to wait upon his Bail for trespass, to answer that Declaration? is not that more Injustice? And moreover, if that Writ, or the Return thereof be forged, (as all, or most Originals directed to the Sheriffs of London or Middlesex, are; aswel by Clerks of this Court, and so filled upon Record here as by Attorneys in the Common-Pleas, there;) shall that Declaration be admitted to say, that the Defendant is in custodia, (which is false;) and be made a Record, which would be accounted the next truth to Gospel? And shall not the Defendant be admitted to pled Mag. Ch. against the jurisdiction of the Court, and such lying Records? If not; is not all this more Injustice and Perjury? Shall Judges give Judgements upon false Records (except to burn them, and punish the makers, and causers) and shall not they be counted, and called false Judges, and Perjurers; and their judgements false judgements and perjuries? Shall they, that commit Debtors into their Marshal's custody, upon such judgements by their privilege (as they call it,) say that this Statute doth not take away such privileges, when the Lo. C. himself saith, that all Statutes aught to be expounded so, that there should be no failer of justice; and this Statute, being M. Ch. (chief of all Statutes) and all its Confirmations say, that equal justice aught to be done to all men, without regard of persons? What Statute or custom did, or can give any privilege to any Court to the contrary? What benefit of privilege hath the Debtor, that is so committed by this Court, and its privilege, but his undoing, and his families, and often his untimely death by famine, and misery? Is not that so occasioned by the rigour, and illegality of this Court, an offence of the highest nature, of Murder and Perjury? Who gaineth any thing by this privilege, but the Court, and their Marshal in extorted Fees, to the damage of both Creditor and Debtor, and often the ruin ob both or either? Why therefore doth the L. C. call it privilege to the party in Custody, when it appeareth to be no benefit, but prejudice unto him, and that more aggravated, to have more Actions laid upon him for more debts occasioned (perhaps) by his imprisonment? What law, or reason requireth any privilege to any man for debt, since this Statute in the 29 chapter, freeth all men's bodies from imprisonment, until they be lawfully tried by their Peers? and no law, but an abortive Statute made 25. Ed. 3. cap. 17. and repealed in the 42 of the same King (as aforesaid) gave an Arrest against Debtors but Merchants and Accomptants? and a Statute made in the said 25 year of the said King, gave the Creditors two parts of all their Debtors lands, & all their goods (except the beasts of their plough) for satisfaction of their debts, which Statute is still in force, and daily executed accordingly? As for Accomptants, Debtors, and Tenants to the King, that are so indeed, if the Court of Exchequer be thought proper for them; why should others that are not such indeed, be sheltered to defend or countenanced to offend under that pretence? And as for Members of any Court, why aught not they to sue, and be sued by their Attorneys in other Courts than their own, since it is unnatural for any body to suffer any of its Members (though never so corrupt) to be put to any smart, which it may avoid? And may not, nay aught not every just Court avoid such suits, and the suspicion of their injustice by entertaining them, and proceeding therein, by leaving them to the justice of other Courts of competent judicature, as all other Courts do leave their Members to the mercy of the Courts at Westminster? or may not, nay aught not all Courts of judicature within their jurisdictions, determine the causes of all such Members of the Courts at Westminster, as shall be found, and arrested within their jurisdictions, notwithstanding any Writs of privilege, or other Writs to remove them, before they be determined; rather than the Courts at Westminster may sand for the Members of every Court, to be justified by them? For who can say, he hath ever found any justice there against any privileged man? And how many that be no Members of any Court there indeed, are so countenanced, as subordinate to some ill Member, or other there, and have their Law for nothing, to bring Fees and gain to one or other of those Courts, out of honest men's purses and Estates, against whom they can show no colour of right any where, but where they know they shall be favoured, and their Adversaries oppressed? And how many men of good Estates have been, and daily are, not only oppressed, but undone by that means? Thirdly, for Trespass, vi & Armis; Is it but a Common-Plea, and consequently proper to all courts of Record, and rather to be tried within that jurisdiction where the offence is committed, than elsewhere? And hath not the King his Fines imposed and levied by the authority of all such courts, as well as by the Kings-Bench? Fourthly, for Replevins, may they not as well be removed to, and determined by the Common-Pleas, as in the Kings-Bench? Fifthly, what meaneth the Lord by his words, viz. [Originally restrained] but that the Kings-Bench is restrained from having any original Writs Returnable thither in Real Pleas,? And is it not as much restrained from originals in Personal Pleas, that are as Common-Pleas, as Real, by this Statute? Or by what other Statute, Law, or Precedent, is it enabled to have any originals returnable to it for debt, when the Register and Ret. brevium have not such Precedents, as aforesaid? Is not therefore all the practice of the Kings-Bench for debt, unjust, and perjurious, as aforesaid? and moreover a faint Action, etc. as the prisoners for debt in that Court have lately set forth by their Petition to the Lord General, and his Officers concerning this matter.  

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

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

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

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

C. 16. Banks.  Not Banks shall be defended henceforth, but such as were in defence in the time of King Henry our Grandfather, by the same places, and the same bounds, as were want to be in his time.  
Both the next precedent chapters sufficiently expound themselves, so that the Lord Coke speaketh no more to this matter, but that the Mirror saith, That divers Rivers and their-Banks were in his time appropriated, and blocked up by divers persons, to debar common-fishings, which were want to be used there in the time of King H. 2. And I believe, there are many more so done, more lately, which Commissioners for Sewers shall do well to look to.  

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

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

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

C. 23. Wear, etc.  All Wears from henceforth be utterly put down by Thames, and Medway, and throughout all England, but only by the Seacoasts.  

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

Expost and Quer.  If Wears be nuisances (as I ar● sure they are) throughout England and Wales; and if Commissioners for Sewers, and Justices of Peace for want of them, be sufficiently authorised to reform such wrongs, and do not, because chief doers thereof, o● sharers in the unlawful gain made thereof themselves: why not Justices in Eyer employed to execu● their charge, for the general amendment thereof, for the public good?  

C. 25. Measures, etc.  One Measure of Wine shall be throughout our Realm, and one measure of Co●…, viz. according to the Quarter of London and Haberjects, that is to say, two yards within the list, and as it is of Weights, so shall it be of Measures.  

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

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

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

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

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

Ca 2.9. Not Free man etc.  No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or Free Customs, or be Outlawed, or Exiled, or any way otherwise destroyed; nor we shall not pass upon him, but by lawful judgement of his Peers, or by the Law of the Land; we shall cell to no man, we shall deny, or defer to no man, either justice, or Right.  

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

Expost and Quer.  First, If no man aught to be taken, or imprisoned but by the Law of the Land, viz. the Common-Law, Statute-Law, and Customs of England? is it not cleared by our Expostulations before upon the 11. Chapter, that Debtors are taken, and imprisoned in the Kings-Bench, contrary to the Common-Law of England, declared by Mag. Chart. contrary to the chief Statute of England, which is Mag. Char. and which the Lord Coke saith, should live (as was accorded by King and people) for ever? And contrary to the Custom of England declared by Mag. Charta, and also by the Lord Coke, not to extend to the imprisonment of any Debtors, but only the Kings. And are not Debtors, other than the Kings, so imprisoned, as well elsewhere, as in the Kings-Bench? Secondly, if no man shall be disseised, viz. put out of his Freehold; that is to say, His Livelihood, Liberties, or Free-Customs, such as belong to him by his Birthright; unless it be by the lawful judgement, and verdict of his equals, or by the Law of the Land, that is to say, (once for all) by Due course, and Process of Law. Are not Debtors disseised of their Livelihood, Liberty, and Freedom which belonged unto them as their Freehold by Birth right, when they are imprisoned in London, Westminster, or elsewhere, by Arrests, and Actions for Debt, whether due, or not, upon mere suggestions of Adversaries, not so much to Judges, as to Catchpoles, without any judgement, or verdict of their equals, and without Due course, or Process of Law, which should be Summons, Attachment, and Distringas, before any Arrest, as aforesaid? Are they not taken in the Country from their Ploughs, which are their Livelihood, and their Countries, and their Freehold by Birthright; by vagant Bumbaylies, and imprisoned there, till they give bail to appear at Westminster; and thence, instead of being remanded home to their sweet Farm-houses, large fields, and industrious Agricultures; are they not sent to stinking Goals, close dungeons, and idle Monk-cels, whereby they are allowed little more ground to walk upon while they live, than might serve them to lie under, when they are dead? Are not all the Corporations of England, and their free-chosen Officers, (that should do them justice at home) disseised of their Freeholds by Birthright, and Charters, before and since Mag. Char. when they are prevented of the administration of justice in execution of their Offices to which they were sworn, (and heritable successively from their Ancestors by Custom long before Mag. Char. and since confirmed by the same, and by Charters dated before, and since) by Certioraries, Habeas Corpus, etc. before Judgement; and pretence of Errors after; and though never any proved, or assigned, yet the causes never remanded, but detained at Westminster, where the usual correction of pretended Errors, is not by making any thing that is crooked, strait; but all that is strait, crooked; so that both Plaintiffs, and Defendants give their titles for lost in a mist commonly; but he that hath the wrongful possession, and money, holdeth it; and he that hath the right, and no money, goes to his grave without it? Are not all the People of England disseised of their Freehold, Liberties, Franchises, and Free customs, when they are deprived of that justice which they aught to have administered amongst them at home, by virtue of the King's Writs (original for Inquiries, and judicial for Determinations) directed to Sheriffs of their own choice, in their own Counties, or Stewards of Hundreds, and Court-Barons, in their precincts, where the Freeholders' themselves are Judges themselves, by ancient Common Laws, and Customs of England, before Mag. Char. and by it declared, and confirmed unto them as aforesaid? Can Writs of trespass executed for debt; or Capiases, grounded upon counterselted Originals, be construed by any Law, to be due Process of Law? Thirdly, Are men lawfully Outlawed upon Exigents for debt, grounded upon a repealed Statute? and are not all Debtors that are Outlawed, so Outlawed? Are men lawfully Outlawed, that are Outlawed upon Exigents, grounded upon Summonitus, or Non est inventus, counterfeitly returned by Attorneys, who at the time of the return were no Sheriffs, or competent officers? and are not all, or most Debtors, and Trespassers, that are Outlawed in London and Middlesex, so Outlawed? Are men lawfully Outlawed upon any Exigents, that are Outlawed without the judgement of the Coroners of the County wherein they are Outlawed? Are the Coroners of any County now adays, present at every, or any County, when, and where men are Outlawed? Are not their names nevertheless returned as Judges of every Outlary unknown to them, for the most part, or all? Are not those Returns false, and forged? and are such proceed, the due course, and Process of Law? How many thousands of the Freemen of England are Outlawed yearly, by such means? and how many of them undone, before they can reverse them? How many are imprisoned thereupon, and have all their estates seized for the King, by Sheriffs chosen without the consent of the People? and often such as purchase their Offices, to gain by such means? How many Outlawries yearly are so clandestinely carried, that the parties so Outlawed, can hear nothing thereof, before they be imprisoned, and their estates destroyed as aforesaid? How many are further damnified by such Outlawries, procured of purpose, to debar them of their just suits in all Courts, until they reverse them? How chargeable are reversals thereof? What lawfulness is it, or what honour, for the Courts at Westminster, to make unlawful profit of such unlawful practices? Cannot the Judges at Westminster be contented to have sergeant Returns of their Originals in London and Middlesex, but they must also have the like Returns of their Exigents throughout the Kingdom? Are not such Returns false, and perjurious in the Sheriffs that make them? Is it not sufficient for Judges, to perjure themselves, but that they must animate others to do so too, by not punishing them, when they know that practice? Are not the Sheriffs of London and Middlesex, and all the Coroners of the Kingdom made liable by this practice to Actions of the Case, and to pay costs and damages to the parties grieved? Are such Judges, Lawyers, etc. for the Peace, or Profit of the Commonwealth, that beget, foment, or suffer the causes of such Actions, causelessly, but for their own ends and gains? Are such Courts to be called, or counted Courts of Justice, that maintain any Actions, or Arrests upon unjust grounds, or colour of any misbegotten Laws, contrary to Mag. Charta? Are not Assaults, Batteries, Rescues, Riots, and Homicides, frequent upon such Arrests? Are not many men's lives lost, and more hazarded, and their estates ruined thereby? And if a Catch-poll be killed for making, or attempting such unlawful Arrest, do not the Judges use to adjudge it wilful Murder, though the wronged party doth but endeavour his justifiable defence? And have they not begotten a Statute for officers to pled the General issue, by colour of which they justify themselves, and their creatures, and condemn the guiltless? Are not the causers of Murder, as worthy to be hanged, as the doers? Are not they that maintain such Arrests, to the same ends as their Predecessors, Imps of the same generation? Why therefore their advice desired, or received in such matters? Are not the Releases of Errors, which Prisoners are forced to seal before they can be enlarged, rather proofs of their guiltiness, than acquittances of such practitioners? Are not their Errors manifest to be wilful, and gainful only to themselves, and hurtful to the Commonwealth? are such Errors, or Proceed, to be called Due courses, or Process of Law? Than (to speak once for all) is not the Due course, and Process of Law obstructed, and perverted? and a wrong course practised, full of Errors, Lies, Forgeries, Perjuries, etc. (as already appeareth, and better shall hereafter) and cannot Law be executed without such practices? Doth not Mag. Char. and all its confirmations, show how it may? Are not they sufficient lights, and guides for the Due course, Process, and Proceed which aught to be observed, in the right execution of Law? And doth not the Lord Coke confess them to be such, and that they never misguided any man, that certainly knew them, and truly followed them? Fol. 526. Fourthly, If no man shall be exiled, etc. Are not Debtors exiled from their Native Soils in Cumberland, or Cornwall, and from all their worldly comforts, of Wives, Children, Families, Friends, and Estates, both Real, and Personal when called, and forced by Habeas corpus etc. to attend Duke Humphrey in Paul's, or Judge Owen in Westminster (as good dead as any Judges living) to hear or dispatch Suits by the Law of the Land in any way of Justice, while the Suitors money lasts; or to relieve them with any Alms, when their Purses are spent? And if at last sent to the Fleet, or marshalsea, where they be penned up as aforesaid; are they not worse Exiled than into Turkey, where they may have more Liberty of Land and Sea, and live in lesle Slavery than under Gaolers in England, and have more hopes to return home again (like Sir Thomas Shirley, and many others) than from these Hells, whence few found Redemption? Had Henry of Bullingbrook been Imprisoned for Debt here, (as such now are) when he was banished to France could he have hoped to be King of England, except he had made all his Judges, and Gaolers, the best sharers of all his Usurpations, as all the cheating Prisoners in these places do theirs, as they and their Creditors can best tell, by dear, and daily experience? Fifthly, If no man shall be destroyed, etc. unless by Verdict, etc. Are not all Prisoners for Debt, who are first forced themselves to destroy their small Estates to buy bread to eat in Idleness, and to pay Fees to Gaolers, etc. and at last to Famish in the Fleet, or marshalsea, etc. destroyed both in Lives, and Estates, and their Families to boot, without any Verdict given, or intended for their Lives? Nay are not all the Freemen of England, that are, or may be subject to Debts, consequently subject to the like destruction? And worthy so long as they suffer the Laws of England, (contained in the glorious Fabric of the Great Charter of the Liberties of England, built by their Ancestors for a perpetual Monument of their care of their Posterity, and their Liberties for ever) to be thus destroyed by an Hypocritical Generation of Pharisaical Pretenders to the only knowledge of these Laws, which by that pretence, they thus pervert, to destroy all honest men whom it should save, and to save all whom it should destroy or punish; and that for unlawful respect, and considerations tending only to their own profits, and ends. Sixthly, If no man shall be condemned, etc. but by the judgement of his equals according to the Laws of the Land; Are not all Debtors that are Famished as aforesaid, Condemned for their Lives in effect, though but for their Debts in appearance, without any Verdict of their equals, so intended, contrary to the Law of the Land? Seventhly, do not all the Judges at Westminster, cell Justice, when they cell Prisoners for Debt, their Writs of Habeas Corpus, etc. for money, when the King would have all his Writs of Grace to be given to his Subjects Gratis, and no Judge to take any Fee, or Reward for any thing but of himself? Eightly, Do they not deny Justice when they deny such Writs Gratis? Ninthly, Do they not defer Justice, when they detain poor men that are Bailable in Prison, while they have sufficient men ready to tender for their Bail, till they be forced to borrow money of other friends, and to sand far, and stay long before they can receive it to lose their Bail in the interim, and be forced to seek others; by which delays, their Gaolers' Fees increase, and their Dyer, Lodging, and Expenses draw charges, which they might have saved to found Bread for their Wives and Children at home; who perhaps are forced to fast by that means, and to cell, or pawn their Cows, or Clotheses for this money, this damnable money, thus extorted by a Judge, for scribbling his Infamous name to a Writ, which doth but wrap a man, and his cause, faster in his clutches? O Merciless, Miserable, Mercenary Judge! that can neither give, nor lend so little as his name, to so much goodness in Policy, (if not in Charity) to give a man Liberty to breath, and take leave of his Home, upon security of more advantage both to Court, and Party, than his imprisonment to return to his Pinfold. Radamanth himself abhorreth such foolish covetousness. Do they not defer Justice, when by their Writs they 'cause Indictments, Informations, and just Suits Commenced in other competent, and more proper Courts in all parts of the Kingdom, to be removed to Westminster, and there detained without any Trial these 40 years? How many thousands of Papists, and heinous Malefactors that should have been punished in, and by their Counties, and Courts at home, have by this means found Westminster, and its Courts, their only Sanctuaries, and Privileges for none but Eminent, Opulent, Impenitent Offenders? But is not Justice denied, when any Bailable man is denied to be Bailed? Or more, when Bail is accepted upon Oath for its sufficiency, and is denied to be Filled, and the Party so Bailed in Law, detained Prisoner still, at the Judges, and Plaintiffs pleasures? Briefly, Is not the Administration of all the Law, and Justice in England, Ingrossed and Monopolised at Westminster, where the Judges and Courts assume to be chief, and do exercise a plenary jurisdiction over all others, so that they suffer none but themselves to err, or to abuse Law; nor any to accomplish any Justice, or to reform any Errors, but only themselves, who do pretend to correct all in their Exchecquer-Chamber, where instead of correcting any, they confirm their own; which must be all as aforesaid. Lastly, is it unknown that they were want to Buy their Offices of the King's Servants, and therefore to Cell their Under-Offices to their own Servants, Attorneys, & c? And was not this the Buying and Selling of Justice that is yet unpaid for, & had need to be Reform? Is it any reason that any should Buy Justice, and not Cell it for gain by the Bargain? Is it not Bought to that end? Is it not to that end, Judges neglect to give Attorneys their ancient Oath, whereby they were want to be Sworn to do no Falsehood, nor 'cause any to be done in their Courts; and if they knew any, to give knowledge thereof to the Judges, etc. that they should increase no Fees, etc. (as you may read it at large in the latter end of the Attorneys Academy. Is it not to the same end that Judges neglect to give all Plaintiffs for Debts or Trespass, their Oaths that the Debt or Trespass amounteth to 40 ● or more or else let the Suit be Tried in the Sheriff's Court at home, according to the Stat. of Gloc. 6. Ed. 1. c. 8? And is it not likewise to the same end, they neglect to take security of all Plaintiffs, to prosecute all Actions with effect, or pay Costs and Damages to the Defendants, if they prove not their Issues? which Judges anciently used to do, and still aught, before any Declaration be admitted, or Plea required, as saith the Mirror of Justice? fol. 64. b. Is it not to the same end the Chancery neglecteth to take the Oath of all Complainants to make good their Bills in all points, or pay Costs and Damages in case they fail, and that before any Sub-poena be granted them, according to the Statute 15. H. 6. cap. 4º? And were not all well ended, if all the end were that none were forsworn for Injustice, but the chief Justices? (though comfortless for them to be so wretched as to have no associates,) is it not the worse for the People, that their Ministers which aught to be Sworn as aforesaid, are not? Whereby old Attorneys without hazard of Perjury, lead young Judges Sworn to what they know not, to do what they should not? as when so many subtle and lying Mercuries, direct so many covetous and blind Cupid's to shoot forth their arrows, that they may stick them where they please, and commend the shooters for hitting the marks that yield them the best sprats of the gain?  
The rest of this Charter I shall omit as aforesaid, for the reasons aforesaid, and shall conclude this with the beginning of another, made in Confirmation, Renovation, and Perpetuation thereof, by King Edward the first, in the 28 year of his Reign, as followeth: viz. EDWARD by the Grate of God, King of England, Lord of Ireland, Duke of Guienne. To all Arch-Bishops, etc. greeting. We have seen the great Charter of the Lord Henry our Father, of the Liberties of England in these words: And so beginneth the Charter as aforesaid, and endeth this, and it together, saying, We ratifying and approving these gifts, any grants aforesaid, confirm, and make strong the same for us, and our Heirs perpetually, and by tenor of these presents renew the same, Willing, and granting for Us, and Our Heirs, that this Charter, and all and singular its Articles for evermore, shall be steadfastly, and inviolably observed; And if any Article in the same Charter contained yet hithirto peradventure hath not been observed, nor kept; We will, and by Our Authority Royal command from henceforth firmly they be observed. These, etc. being witnesses. Given at Westminster under Our own hand the 28 of March, in the 28 year of Our Reign.  
Again, where the L. C. maintaineth the Statute of Marlebridge made 51 Hen. 3. cap. 5. which saith, The great Charter shall be observed in all its Articles, as well in such as pertain to the King, as to others, and that shall be enquired of before the Justices in Eyre in their Circuits, and before Sheriffs in their Counties when need shall be, and Writs shall be freely granted against them that do offend, before the King, or the Justices of the Bench, or before Justices in Eyre, when hay come into those ●arts, etc. And the offenders when ●hey be convict shall be grievously punished by our sovereign Lord the King, ●… form above mentioned.  

Expost and Quer.  I shall but ask, Why not Justices in Eyre still? And why not Writs Gratis sent to the Sheriff of every County, to inquire of offences, and offenders against the great Charter? And doth not this Statute prove, that Sheriffs aught to have such Writs, and to make such inquiries? And that the King referred himself, as well as others, to the judgements, as well of Justices in Eyre, as of the Justices of the Bench? and that he would have his Writs granted as well against him, as others, and that Gratis? doth it not futther prove, that Kings accounted the Justices in Eyre, his Justices, and their Court, his Court; as well as the Kings-Bench? how therefore doth the Lord Coke hereafter call them new Justices, and their Court, new Court? But more of that in its place.  
Now having done with so much of Mag. Charta as I promised: and with the 5 Chapter of the Statute of Marlebridge: and the 8 of the Statute of Gloucester. Here ensueth the Confirmation of the great Charter, made at London 10 Octob. Anno 25. Ed. 1. three years before that which is Printed before it, because that containeth all the Charter in 38. chapters at large, and this but 7. In the First of which it confirmeth both Charters, and every Article thereof; both made 9ᵒ H. 3. in general words, as followeth, viz.  

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

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

Expost and Quer.  Doth not the Lord Coke by all this his expression, commend this Statute very highly? Why did he not in his duty cause it to be observed in his time? And had not justices of the Forest, and other justices, Sheriffs Majors, and other Ministers of his time (had they received the Great Charter with the King's Writs) power thereby, as well as he, to 'cause the said Charter to be published to the People, and that the King had confirmed it in all points? Why did he (by neglecting his duty to sand the said Charter and Writs unto them accordingly) make them fail of their duties? Doth not the Lord Coke confess by this clause, Worthy, (as he saith) to be written in letters of gold, That Sheriffs, Majors, and other Ministers, as well as Justices, and other Justices as well as those at Westminster, have, or aught to have the Law of England to be their guide, and aught to allow Magna Charta in all points, which in any Plea shall be before them? Why than do the justices at Westminster by their Habeas corpus, and other Writs, (as aforesaid) disturb, and prevent all Sheriffs, Majors, etc. to exercise their Offices, before Judgement, or after, without proof of Injustice, or manifest Errors committed by them in their judgements? Why do not the justices at Wistminster (when they have Persons, and Causes brought before them by virtue of their Writs) allow Mag. Car. to be Pleaded before themselves, since they will suffer no others to hear it? How can it be true, (when they do not) that the Law is their guide? Do not they assume the sole Guiding, Learning, Interpreting, Exercising, and Over ruling of the Law to themselves, when they suffer no other justices, or Ministers of the King, but themselves to have any Judgement therein, as aforesaid? Why do they belly the Law so much, as to call it their Guide, their Teacher, their Army, their Synagogue, their Fortress; when it is manifest, That their Attorneys, their Solicitors, their Catchpoles, and their Gaolers, are their Guides, Teachers, Supernumerous Armies, and Invincible Fortresses, (as they trust, but may be deceived) all whose ways are to Injustice as aforesaid? How can that Law be called Common to all, which They, and these their Creatures, Monopolise, Engross, and Appropriate all to themselves as aforesaid?  

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

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

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

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

L. C. upon Confir Cart. f. 527.  This Excommunication the Prelates could not pronounce without Warrant by Authority of Parliament, because it concerned Temporal causes.  
Was not the Authority of this Parliament sufficient Warrant for Prelates to pronounce Excommunication according to the Tenor, and limitation of this Act? Doth not the Lord Coke say before, That this Act is not only an Express Confirmation of Magna Charta, but also, a Confirmation of it in Law? Doth he not say before that; That Magna Charta should live forever, and in all Successions of Ages for evermore? Is not the substance of the Excommunication given by this Act to the Prelates to pronounce? Had the Prelates any more to do therein, but to pronounce an Excommunication? What meaneth Ipso Facto in the Act, but to let all future Ages understand, That the breach of Mag. Char. which is a Declaration of the Fundamental Laws of England, is such an Offence as deserveth an everlasting Curse inflicted by the Law itself upon the Breakers for ever? Which Curse receiveth no more strength from the Pronouncer, than a Sentence of Death from a judge, who doth but tell a Felon whom the Law condemneth, what shall be the manner of his Death. If any Excommunication was ever pronounced by virtue of this Act (as there were two in two several Kings Reigns) were not those Excommunications in force, and so to continued as long as Magna Charta itself? the Prelates, and their Successors neglect of their Duties, by discontinuing such Denunciations twice yearly, afterwards notwithstanding? If so? Are not those Excommunications still in force, except Absolutions be produced, granted, and given by equal Authority to that whereby those Excommunications were Denounced? If so? Are not Excommunications, until Absolutions, of the same account, and validity in Law, as Outlawries, until they be reversed? If so? Are not all the Lands, Goods, and Chattels of all Excommunicats, now the States, as formerly they were the Kings, and so Seizable, Sequestrable, and Convertible to that use, until Absolution? And aught not satisfaction precede Absolution? Ought not that satisfaction extend to every particular man that hath been wronged in this case, which (as the L. C. saith) is a Temporal case, and so called, in respect of the interest of all men, called by the Clergy, Temporal, for distinction from themselves, that would be called Spiritual? And so (as I believe) not to be commuted by a Prelatical Sentence, to a trivial Penance; nor pardoned by Parliament, without excepting every particular Interest. And what Parliament can Pardon, or Absolve Offenders against Magna Charta, but by the Rules of Magna Charta, without offending Magna Charta themselves, and incurring the same Excommunication, as they have incurred that would be Absolved? If Excommunications be no Terrors to Atheistical Judges, Justices, etc. who neither Believe, nor fear, Heaven, Hell, God, Justice, nor Laws, (though they cannot in nature and reason, but know that such there are, and are to be believed, feared, and obeyed) shall nor Excommunications be sufficient Warrants for Christians, English Christians in England, (being warranted not only, as the L. C. saith, By Authority of Parliament, but of many Parliaments, such Parliaments of such Infallibility as were those wherein Magna Charta, and all its Confirmations were made, and grounded upon the Common-Laws of England, which, as all Lawyers profess, were grounded upon the Law of God, the Word of God, the God of Christians, Christ Jesus, the God of Truth, even Truth itself,) to put them in Execution? If not? To what ends are Parliaments, or the Laws of God, and man, to such as dare not, or will not, if, and when they may? Doth not the Statute of Ano. 1o. P. & M. cap. 12ᵒ. which made it Felony for twelve English persons, or above, to assemble together of purpose to break any point of the Laws of England, imply it to be Warrantable for all the People of England to Assemble together, to 'cause the Laws of England, made by all their consents, to be observed, and to punish not only the Breakers, but also the only begetters, and causers of all the Breakers, and Breaches of all the Laws of England, the only assumers of the knowledge thereof, and concealers of that knowledge from the People; so that none but themselves, can knowingly break the Laws, because they will not let them know them? Lastly, If Excommunications be nothing formidable to Lawyers, to make them care whether they incur, or eat them, but as their profit guides them? Let us see what the L. Coke saith, fol. 536. concerning the conclusion of this Act, and the Seals that were put to it, and the Oaths of the King and Parliament, then and for ever, for the Ratification of it, omitted in the Stat. at large, in Print, but to be seen in the Tower, Rot. Parl. 7ᵒ. Hen. 4th. no. 60. beginning with the word Simile, etc. Note (saith he) the Solemnity of this Act, in that all the Arch-Bishops, Bishops, Earls, Barons, etc. did put their Seals thereunto. A rare example, which was done for the obliging of them the more firmly to the observation of this Act, which concerned the Laws, Liberties, and Free-Customs of their Country; and for their greater Obligation for the due Observation of this Act, they took a voluntary Corporal Oath.  

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

Excomunic. prim.  The Year of our Lord One thousand two hundred fifty three, the third of May, in the great Hall of the King at Westminster, in the presence, and by the assent of the Lord Henry by the Grace of God, King of England; and the Lord Richard Earl of Cornwall his brother; Roger Bigot Earl of Norfolk and Suffolk, Marshal of England; Humphrey Earl of Herford; Henry Earl of Oxford; John Earl Warren, and other estates of the Realm of England: We Boniface, by the mercy of God, Archbishop of Canterbury, Primate of all England; T. of London, H. of Ely, S. of Worcester, E. of Lincoln, W. of Norwich, P. of Herford, W. of Salisbury, W. of Durham, R. of Excester, M. of Carlisle, W. of Bath, E. of Rochester, T. of S. David's, Bishops, apparelled in Pontificals, with tapers burning against the breakers of the Church's Liberties, and of the Liberties, or other Customs of the Realm of England, and namely of those which are contained in the Charter of the Common Liberties of England, & Charter of the Forest; have denounced the sentence of Excommunication in this Form: By the Authority of Almighty God, the Father, the Son, and the holy Ghost, and of the glorious Mother of God, and perpetual Virgin Mary; of the blessed Apostles Peter and Paul; and of all Apostles, and of all Martyrs; of blessed Edward King of England; and of all the Saints of heaven; We Excommunicate, accurse, and from the benefits of our holy Mother the Church, we sequester all those that hereafter willingly, and maliciously deprive, or spoil the Church of her Right; and all those that by any craft, or wiliness do violate, break, diminish, or change the Church's liberties, and Free-customs contained in the Charters of the Common liberties, and of the Forest, granted by our Lord the King to Arch bishops Bishops, and other Prelates of England: And likewise to the Earls, Barons, Knights, and other Freeholders of the Realm; and all that secretly or openly, by deed, word, or counsel, do make Statutes, or observe them being made, or that bring in Customs, or keep them being brought in, against the said libertis, or any of them, the Writers, Lawmakers, Counsellors, and the Executors of them, and all those that shall presume to judge against them. All and every which Persons before mentioned, that willingly shall commit any thing of the Premises, let them well know; That they incur the foresaid sentence Ipso sacto, first upon the deed done. And those that commit aught ignorantly-and be admonished, except they Re, form themselves within 15. days after the time of the Admonition; and make full satisfaction for that they have done, at the will of the Ordinary, shall be from that time forth, wrapped in the same sentence. And with the same sentence, we burden all those that presume to perturb the peace of our Sovereign Lord the King, and of the Realm. To the perpetual memory of which thing, We the aforesaid Prelates have put Our Seals to these Presents.  

Expost and Quer.  What though the Form of this Excommunication be Popish? Is not the Substance the maintenance of England's Liberties? And is not that all which the meaning of this Law requireth? If Judges and Prelates, as well since King Hen. 8. as before, have neglected their Duties in Itterating the charge of their Functions, the first, in pronouncing Sentence, and the other in Executing it; doth not once Pronouncing, & once executing of such one Sentence of Law, as concerneth all Ages, Sexes, and Conditions of People to learn and remember, not lesle for the Preservation of their lives, and livelihoods, than Scriptures for their Salvation, take away the plea of Ignorance from all men? Shall any man commit that sin which he knoweth to be once so Declared by the Law, and think to avoid punishment because not often so Declared by Law-Professours? Are not all men bound to search the Scriptures, and learn the Laws at their perils therefore? If Ignorance were a plea, shall knowledge be excused? Professors of knowledge? nay, such as engross that Profession from all others; nay more, such as are the only causers and punishers of all other men's Ignorance?  
It appeareth that this Sentence was Denounced in the time of King Hen. 3d. Now followeth another, Denounced upon the said Confirmation made in the 25th. year of King Ed. 1ᵒ. viz.  

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

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

Preamble.  For as much as the Articles of the great Charter of the Liberties of England, and of the Charter of the Forest, the which King Henry, Father to our Sovereing Lord the King, granted to his People for the Weal of his Realm, have not been heretofore observed, ne kept, and all because there was no punishment executed upon them which offended against the points of the Charters before mentioned: Our Sovereign Lord the King hath again granted, revived, & confirmed them at the requests of his Prelates, Earls, & Barons assembled in His Parliament holden at Westminster in the 28 year of his Reign. And hath ordained, enacted, and established certain Articles against all them that offend contrary to the points of the said Charters, or any part of them, or that in any wise transgress them, in the form that ensueth, viz.  
First of all, That from henceforth the great Charter of the Liberties of England, granted to all the Commonalty of the Realm, and the Charter of Forest in like manner granted, shall be observed, kept, & maintained in every point, in as ample wise, as the King hath granted, renewed, and confirmed them by this Chart. And that the Charter be delivered to every Sheriff of England under the King's Seal, to be read four times in the year before the people in the full County, that is to wit, the next County day after the Feast of S. Michael, and the next County day after the Feast of the Circumcision, and after Easter, and after the Feast of S. John Baptist. 
Justices of Oyer & Term.  And for these two Charters to be firmly observed in every point, and Article (where before no remedy was at the Common Law) there shall be chosen in every Shire Court by the Commonalty of the same shire, three substantial men, Knights, or other lawful, wise, and well disposed Persons to be justices, which shall be assigned by the King's Letters Patents under the great Seal, to hear, and determine (without any other Writ but only their Commission) such plaints as shall be made upon all those that commit, or offend against any point contained in the aforesaid Charters, in the Shires where they be assigned, as well in Franchises, as without, and as well for the King's servants out of their places, as for other. And to hear the plaints from day to day without any delay, and to determine them without allowing the delays which be at the Common Law: And the same Knights shall have power to punish all such as shall be attainted of any Trespass done contrary to any point of the two said Charters (where no remedy was before at the Common Law, as before is said) by Imprisonment, or by Fine, or by Amerciament, according to the Trespass. Nevertheless the King, nor none of his Council that made this Ordinance, intent that by virtue hereof, any of the foresaid Knights shall hold any manner of Plea by power, for to admit any suit in such cases wherein there hath been remedy provided in times passed, after the course of the Common Law by writ. Nor also that the Common Law should be prejudiced, nor the Ch. aforesaid, in any point. And the K. Willeth, that if all three be not present, or cannot at all times attend to do their Office in form aforesaid, the King commandeth that two of them shall do it. And it is Ordained that the King's Sheriffs, and Bailiffs shall be attendant to do the commandments of the foresaid justices, as far forth as appertaineth into their Offices. And besides these things granted upon the Articles of the Charters aforesaid. The King of his special Grace for redress of the grievantes that the people hath sustained by reason of his Wars, and for the amendment of their Estate, & to the intent that they may be the more ready to do him service, and the more willing to assist, and aid him in time of need; hath granted certain Articles, the which he supposeth shall not only be observed of his leaguer people, but also shall be as much profitable, or more, than of the Article● heretofore granted.  

L. Coke f. 537, 538, 539.  One of the causes for the making this 〈◊〉 Act, was (saith the Lord Coke, as in the Preamble is suggested) that there was no certain punishment i● many points established by the said Charters against the violators of the same; which also by this Act (saith he) is remedied: And the word, People here (saith he) doth include all the King's Subjects, etc. And again, the word, Pain ne fuit estable, some 〈◊〉 (saith he) Pain ne fuit execute, 〈◊〉 that is true in effect; but the Original is, Pain ne fuit estable; that is, 〈◊〉 pain was set down certain: And (saith he, fol. 539.) This Act had but 〈◊〉 force of a Charter, until confirmed 〈◊〉 this Parliament, the 34th Ed. 1. 〈◊〉 that these Charters should be read 〈◊〉 times in the year, in full County, here● an order taken for the publishing. And O● remedy ne fuit avant, etc. is to be construed (saith he) where not Action was given by the King's Writ, to be pursued at Common Law, etc. Again, here (saith he) for the better Execution of those glorious two Lights, Magna Charta, and Charta Forestae, a new Court, and new Justices were appointed, etc. Again (saith he) these clauses against the King's Servants out of their places, as well as others: And to hear the Plaints without delay, day by day, and to determine them without admitting such delays as be at Common Law, was the first ground of the raising of the Justices called, Trail Baston, and their Courts so called, in respect of their precipitate proceed from day to day, without such convenient leisure and time, as Common Law allowed, etc. they in the end had such Authority, as Justices in Eyer; but albeit they had their Authority by Act of Parliament, yet if they erred in judgement, a Writ of Error did lie by the general Rule of the Common Law, to reverse the Judgement in the Kings-Bench; which being once resolved, and known, and their Jurisdiction fettered with so many limitations, their Authority, by little and little vanished.  

Expost and Quer.  Was there any certain Pain established by this Statute, against the violators of Magna Charta, other than by Commission in Eyer, that the Justices might determine, and punish the Offenders by Imprisonments, Fines or Amerciaments, according to the Trespass? Ought not the Justices of the Kings-Bench to have so punished all such as were Indicted before Sheriffs, or Justices in Eyer, who had power to inquire, and certify them of all such Offenders, and Offences against Magna Charta, by the Statute of Marlebridge? 51. Hen. 3d? Doth not the Lord Coke say elsewhere, That all Statutes aught to be construed so, as that there should be no failer of Justice: should not the Justices of the Kings-Bench have construed Magna Charta so? Doth not the 14th chap. of Mag. Charta expressly direct; That all offenders aught to be Amercied by their equals, according to the quantity of the Trespass? Doth the Lord Coke speak truth, when he saith, this Statute gave any man Remedy for the certainty of the punishment, other than Magna Charta did before? Was it not made more uncertain by referring it to the Justices in Eyers discretion, whether Amerciaments, Fine, or Imprisonment? Doth he not confess plainly, (when he saith, It is true in effect, that the Pain was not Executed, as some read, instead of the Pain was not Established,) That it was the fault of the Justices of the Kings-Bench, in not Executing the Pain of Amercying, etc. (as they might, and aught to have done) was the cause of Impowering the Justices in Eyer, (who were but Enquirers before) now to determine, and punish such Offenders, and Offences, as they did forbear, viz. The King's Servants, with whom by this time, they of the Kings-Bench tampered for their Offices? And was it not for the same cause, the people were Declared to be choosers of Justices in Eyer? And doth not the Lord Coke show a great spite between himself, and his brethrens; whom he would have to be ancient; and the Justices in Eyer, whom he calleth a new Court, and new Justices? And show his Memory to be weak, as his Envy was strong, when he is forced to give himself the Lie, (either here, or in his Exposition of the Stat. of Marlebridge, where he saith; They were than Justices, and a Court, though but for Inquirie? And upon the 23th Chap. of Magna Charta; he saith, they used before that time to give charge to all Juries concerning Wears &c. Doth not the Lord Coke say, fol. 235. That Bracton wrote before the making West. 1. which was 3. Ed. 13 And doth not Bracton lib. 3. cap. 11, 12, and 13. say, Justices in Eyer were before his time? Doth not Camden in his Britannia, pag. 104. say, They were Instituted by King Hen. 2? Doth not Hoveden in his Anna●s, part. poster. fol. 113. b. confirm the same? And add that K. Hen. 2. divided the Realm in six parts, & settled three Justices in Eyer to every part, whose names he relateth? And doth not the Mirror of Justice lib. 3o. Tit. 1ᵒ. Justice in Eyer, declare their power at large? And as for their Election by the people, doth he not say, fol. 538. That Magna Charta, etc. containeth the substance of all that is contained in these Articles? And doth he not say in his Preamble, That Magna Charta is an Act declarative of the ancient Laws, and Customs of England before it, and no introductive of any new? And fol. 558. That of ancient time, before the making of this Act, all such Officers, or Ministers, as were instituted, either for Preservation of 〈◊〉 Peace of the County, or for execution of Justice (because it concerned all the Subjects of that County, and they had a great interest in the due and just exercise of their places) were by force of the King's Writs in every several County, chosen in full and open County, by the Freeholders' of the same County? Again, (saith he,) So it was than, and yet is, of Coroners, and so it was than, and yet is, of Knights of the Shire for Parliaments; and of the Ve●dors of a Forest, and likewise it was of ancient time of the Sheriff of the County, and restored by this Act: but this is altered by divers Acts of Parliament. Now were not Justices in Eyer therefore that were before Magna Charta chosen by the peole, as they were Ministers of Justice, wherein the people were concerned? And were they by this Act but restored to their ancient jurisdiction, as (the Lord Coke saith) Sheriffs were? Was not that alteration which was made by divers Acts of Parliament, made by such Acts as were contrary to Magna Charta? And are not, or aught not all such Acts to be voided, (as the L. Coke hath elsewhere said?) Doth not these contradictions declare the Lord Coke to have been distracted with spite and envy against ●ustices in Eyer? And where in this leaf, he would persuade the people to suspect Justices in Eyer, of corruption, and Monopolising justice to wrong the people that choose them; can the people believe that these Justices (who are to be chosen by them, and to be displaced by them, when, and as often as they see cause) will, or can wrong them more, than those chosen by the King and his Servants, without their consents, unless they can believe that they may be persuaded to give their consents to wrong themselves? Is it not a Bull of lesle formality than ever any Popish Bull was, (keeping a man of with his Horns, That he shall have no hold of his tail) when he saith, That the clause, where no remedy was before, etc. aught to be expounded, where no Action was given by the King's Writs, to be pursued at Common Law? Since by the Statute of Marlebridge, Justices in Eyer were to inquire by the King's Writs; and now are, by express words of this chapter, not only to inquire, but also to determine by virtue of their Commissions, without the King's Writs? And what cause could they, or can any other Court determine by virtue of their Commission, without the King's Writs, but is Actionable by the King's Writs? What doth this Statute give by virtue of this Commission, if all things Actionable by Writs, be not determinable by these Commissions, without Writs? And what doth this Statute avail, if not constructable as others, so that there should be no failer of justice? Where was the failer of justice, but in the King's Courts, and judges, in not executing justice upon the Offenders of Magna Charta? Doth it not therefore appear that the said clause (Where no Remedy was before) aught to be expounded, where no remedy was given before by justices in Westminster against the King's Servants, and themselves, that were the greatest contractors in the breaches of Magna Charta? Were not the justices in Eyer therefore enabled with a power to supply their defaults, and to do right to the People, against the King himself, and all his Servants at Westminster, that wilfully failed in their justice and power? And where he saith; The Justices called, Trail Baston, had like authority as Justices in Eyer, and committed Errors, & upon pretence thereof, had all their proceed transported to the Kings-Bench; doth it not appear by the Statute called, Ragman, that those justices were made by the King, without the consent of the People, and sent abroad (perhaps of purpose) to err and abuse the people, to give colour to the Kings-Bench, to sand their Writs of Error, for the proceed of the justices in Eyer (upon pretence of like Errors) so to suppress all justice against themselves, and their Creatures? Doth not the Lord Coke herewithal prefer the chargeable delays of causes (spun out by Terms, and Years,) before speedy justice done day by day, at men's own doors, which he calleth, Precipitat? Doth he not ground this course, for suppressing speedy justice by Writs of Errors, upon the resolution of the judges at Westminster, which he allegeth as sufficient to master Authority given by Act of Parliament? And is it not the resolution of all Lawyers, that no power but Parliament, is equal to Parliament, and no Parliament to be so empowered as to cross Magna Charta, and its Confirmations? Doth he not further (fol. 599.) allege the resolution of all the judges of England, against the King and his Council, for an Erroneous Act, when they had chosen a Sheriff for Lincoln in a case of necessity, without the consent of the People? But to hasten this Treatise to an end, I shall end this Statute for this time, with few chapters following, viz.  

Cap. 8. Elect. of Sheriffs.  The King hath granted unto his people, that they shall have Election of their Sheriff in every Shire (where the Sheriffalty is not of the Fee) if they list.  
I shall say no more to this, than hath been said before.  

C. 15. Summons & Atach.  In summons and Attachements in Plea of land, the Writs from henceforth shall contain 15. days full at the lest, after the Common Law, if it be not in attachment of Assizes taken in the King's presence, or of Pleas before justices in Eyer, during the Eyer.  

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

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

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

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

The Oath of the King's Judges  Ye shall Swear, that well and lawfully ye shall serve our Sovereign Lord the King, and his people, in the office of justice, and that lawfully ye shall Counsel the King to his business, and that ye shall not council, nor assent to any thing which may turn him to damage, or disherison, by any manner way, or colour. And that Ye shall not know the damage, or disherison of him, whereof Ye shall not do him to be warned by Yourself, or by other. And that Ye shall do even Law, and Execution of right to all his Subjects, rich, and poor, without having regard to any person. And that You take not by Yourself, or by other, privily, nor apertly, gift, nor reward of gold, nor silver, nor of any other thing which may turn to Your profit unless it be meat, or drink, and of small valour, of any man that shall have any Plea, or Process, hanging before You, as long as the Process shall be so hanging, nor after the same cause. And that Ye take no Fee, as long as Ye shall be justice, nor Robes of any man, great or small, but of the King himself. And that Ye give none advice, nor Counsel to no man, great nor small, in no case where the King is party. And in case that any of what Estate or Condition they be, come before You in Your Sessions with Force, and Arms, or otherways against the Peace, or against the form of the Statute thereof made, to disturb Execution of the Common Law, or to menace the people that they may not pursue the Law, that Ye do their Bodies to be Arrested, and put in prison: and in case they be such, that Ye may not Arrest them, that Ye certify the King of their names, and of their Misprision hastily, so that he may thereof ordain a covenable remedy: And that You by Yourself, nor by other, privily, nor apertly, maintain any Plea, or quarrel, hanging in the King's Court, or elsewhere in the Country: And that Ye deny to no man common right by the King's Letters, nor none other man's, nor for none other cause; and in case any Letters come to You, contrary to the Law, that You do nothing by such , but certify the King thereof, and go forth to do the Law, notwithstanding the same Letters. And that Ye shall do, and procure the profit of the King, and of his Crown, with all things where Ye may reasonably do the same. And in case Ye be from henceforth found in default in any of the points aforesaid; Ye shall be at the Kings Will, of Body, Lands, & Goods, thereof to be done as shall please him: As God You help, and all Saints. Anno, 18. Edward, 3. Stat. 3.  

Expost and Quer.  If Atheists can persuade Christians that this Oath was no binding for them that had taken it, (even the Wise, Learned, Reverend, Judges, Sages, Scientissimous Interpreters of the Laws of England,) sufficient to keep them within the compass of their Oath, Law, and Knowledges? Shall not Christians persuade themselves, that it is a sufficient Confession, Declaration, and judgement of their own mouths that made it, that their forfeitures, viz. their Lives, Lands, and Goods, in case of their breach of any point of this Oath, are now immediately in the power of the State to dispose of to the public use, at their pleasures, without any further Process, or proceed in Law, but only to give Order, and Warrant to Arrest the persons of such Offenders to stand to their censures; and to Sequester their Estates, and to divide them to the said use, accordingly? Did Lords ever use any more Law than their own Wills, when they Sequestered, and punished their villains? Had Lords any more Law, Right, or Reason, to Sequester, and punish their villains at their own Wills, but for that their villains did take their Lands upon conditions to do those services which they and their Lords agreed upon, and gave their Lords their Oaths (as their greatest bonds) to perform those conditions, or in case of breach, to suffer their Lords to repossess their Lands, with the forfeitures of their Goods, (which they gained) and their Lives (which they sustained) upon the same? Was the Oath of a Villain (though made by Parliament, to the end that Lords should be well served by their Slaves in their private and meanest Offices) of as considerable consequence to be observed, or in default thereof, their forfeitures to be executed, as the Oath of Judges, made and Confirmed by several Parliaments, to the end, that the commonwealth should be well served by their Justices in their public, and most honourable (if rightly served) Offices of Judicature, and administration of Justice? Are not such Villains, as dare encroach, not only upon their Lords Lands, and Estates, but also upon their Lives, and Liberties, dangerous, transcendent, Hyper-Prelatical Usurpers? Are not such Usurpers intolerable mischiefs in a Commonwealth? Who being sworn servants to the Commonwealth (as by this Oath it appeareth the King's Justices were) make all the Commonwealth their servants, to attend their Trains at Westminster at their pleasures? And all Prisoners for Debt, not only their own Villains, but also Villains to their Villainous Goalors, and Slaves to their Slaves? Are not the meanest of the Free-People of England, interessed in the due execution of Justice, to which these Judges were sworn? (as well to them, as to Kings) and consequently aught they not to be such Lords as dare, and will take the forfeitures of such Villains, as do them daily Injustice? Is not this Oath a sufficient Evidence in itself, that the takers of it, have, & do daily break it? & 'cause all others that have, or do break it, to do so likewise? Since Kings and People have wholly referred themselves, and their Estates, not only to the Justice of their Judges, but also to their fatherly advertisements, and admonitions (whereby they aught not to suffer any that depend upon them, to err through ignorance) and they (contrariwise) admonish none not to offend, but suffer, and cause more to offend than willingly, and wittingly would; and so do, for want of such admonitions, much more increase, and enhance the Markets of their Justice, by suffering no other Judges to admonish, or Justify any offenders at home, and engrossing all to themselves at Westminster, or before such as they sand to fripper for them, in Assizes, Goal-Deliveries, and Nisi prius●s. Have not some present Grafts of the old stock Judges of Assizes in possibility for the Country) & their Agents in Chancery, procured several late Injunctions to be dissolved in Chancery, without the privity of both parties whom they concerned, to the end only to beget work for them in the Assizes, jest they should want better? Did our late Judges lawfully counsel King Charles in his business, when they gave their Resolutions for him concerning the Ship-money? Did they not assent to a thing, or things, that turned to his damage and disherison, and overturned him, and his Posterity out of three Kingdoms, and his life to boot, when they assented to Ship money, and Monopolies? Did not the King's Council and other Sergeants, and Lawyers, draw (if not plot) all such Patents? Got they not more by their Fees, for their advice therein, (which were present pay) than the King did by his reservations for interest in those Grants which are yet in Arrear? Was any thing reserved to the King thereby, but what his Council learned thought fit, and advised him to take, and the Patentees to give? Did not those Judges, that had the keeping of both the King's Seals, assent to all those unlawful things, whatsoever they Sealed? Briefly, doth not this Oath in every point evidence the Judges at Westminster, and their brethrens to have been the chief betrayers of Kings and People in their chief trust, to guide and hold both in the right way, and did they not lead both wrong? And thereby are the chief Authors of all the blood spilt, and estates ruined in these three Kingdoms, in and by these late Wars, which were undertaken for Reformation, only of such deformities in Law, and Government, which (you see) they had power to keep in form by their lawful judgements, or admonitions to the right, or not consenting to the wrong? Do not our Records, and History testify, that all the Civil Wars of England, were always undertaken for Reformation of Injustice, evil Government, and corrupt Lawyers that were always the causers thereof, by breaking, and causing to be broken the Liberties of Magna Charta, which the People sought always to recover? Were not Hugh D'Burgo, Chief Justice of England, Walter D'Lancton, Lord Treasurer of England, Brember, Trisilian, Bellknap, Thorp, etc. examples of their times in that case? If so few examples will not serve to make all Judges mend, should not all such Judges be made examples, to serve posterity to see that such evils are not necessary for Commonwealths? Shall such Extrajudical Judges, such lawless Lawyers, etc. as will not be tied by Oaths, made in, and by Parliaments; Excommunications denounced by Authority of Parliaments; Charters Signed, Sealed, and Confirmed in, and by Parliaments; nor by Acts, Laws, and Statutes made by full and free Parliaments; be suffered to sit with Christians in Parliaments to make Laws, Votes, Oaths, and other Obligations upon Christians, which shall be none to themselves? But let us see further, what an other Act of Parliament saith to this Oath, as ensueth, viz.  

The Statut. 20. E. 3. Pream. Letter. Justice.  Edward by the Grace of God, etc. To the Sheriff of Stafford, greeting. Because that by divers complaints made to Us, We have perceived that the Law of the Land, which We by Our Oath are bound to maintain, is the lesle well kept, and the execution of the same disturbed many times, by maintenance, and procurement, as well in the Court, as in the Country: We greatly moved of Conscience in this matter, and for this cause, desiring as much for the pleasure of God, and ease, and quietness of Our Subjects, as to save Our Conscience, and for to save and keep Our said Oath, by the assent of the Great men, and other Wise men of Our Council: We have ordained these things following, viz.  

Cap. 1.  First, We have commanded all Our justices, that they shall from henceforth, do even Law, and execution of right to all our Subjects rith & poor, without having regard to any person, and without letting to do right for any letters, or commandment which may come to them from Us, or from any other, or by any other cause. 
Letters.  And in that any letters, writs, or commandments come to the justices, or to other, deputed to do Law and right, according to the usage of the Realm, in disturbance of the Law, or of the execution of the same, or of right to the parties; the justices, and other aforesaid shall proceed, and hold their Courts, and Processes where the Pleas, and matters be depending before them, as if no such Letters, Writs, or commandments were come to them. And they shall certify Us, & Our Council of such commandments as be contrary to the Law, (as before is said) 
Justice  And to the intent that our justices should do even right to all people, in the manner aforesaid, without more favour showing to one, more than to another, We have done Our said justices to be sworn, that they shall not from henceforth, as long as they shall be in office of justice, 
Fees. Robes  take Fee nor Robe of any man, but of Ourselves. And they shall take no gift, nor reward by themselves, nor by other, privily, nor apertly of any man that hath to do before them, by any way, except meat and drink, and that of small valour; and that they shall give no counsel to a great man, nor small, in case where We be Party, or which do, or may touch Us in any point, upon pain to be at Our will, Body, Lands, and Goods, to do thereof as shall please us, in case they do contrary: And for this cause We have increased the Fees of the same our justices, in such manner, that it aught reasonably to suffice them.  

Expost and Quer.  Doth not the King say here, He is bound by his Oath to maintain the Laws of the Land? Doth not the Lord Coke say before, That a King in his Politic capacity cannot dye? Did not, or aught not all Kings of England take the like Oath as this King did? Were they not therefore bound to maintain the Laws of England as well as he? and to be advised, and ruled by their Judges, how to maintain them? as the Oath of the Judges, this Statute, and others, do manifest they were? Are not Judges as Immortal as Kings in their Politic capacity? Are they not bound by their Oaths, not only to maintain, and execute the Laws of England against all men, without regard of Persons, but also to advice their Kings to maintain them, and how so to do, and to hinder, or not consent with their Kings to break them? Were not the maintenances (whereof the King here complaineth, and the procurements as well in Court, as in Country, whereby (he saith) the Laws, and the due execution thereof were disturbed) the remainders of the Factions of the Spencers, and others, who in Edward the 2d his time had made such Judges, as had put all Laws out of all order; so that this King, being Edward the 3d. could not reform what had been deformed hitherto? but now endeavoureth to do it by means of this Oath made in Parliament in the 18th. year of his Reign, and this Act made in the 20th. If Kings endeavoured to perform their duties (as this King did, and Judges would not) should not such Judges suffer, as in this King's time divers did? If Kings, and Judges, (contrary to their Oaths, and Offices) om● their duties (as this King's Father, and his Judges did) should not such Kings and Judges suffer for their defaults, as he and they did? If Kings and Bishops did lately neglect their duties, (contrary to their Oaths, and Offices) and were punished for their defaults? why not such Judge's 〈◊〉 were the greater Delinquents for suffering them so to offend? and more for consenting thereto? And more than that, when they advise● the same? If the secret Sacrilege of one Achan deserved God's indignation against all his People of Israel, until they discovered, and punished him, and his Offence? Wh●… doth the manifest extortion (a sin 〈◊〉 lesle prohibited than Sacrilege) of so many Achans, merit of God's Judgements against the whole Nation of England, if they prosecute not, or leave unpunished, their Offences, which are more than Extortions; as Perjuries, Forgeries, Sacrilege itself, and divers others spoken of before. Judge, O People? Judge, yourselves, O ye People, lest ye be Judged.  
FINIS.   

POSTSCRIPT.  
IF it please the Parliament to require more proofs than common experience of the common breach of all the Common Law of England, by our common Mercenary Judges, they may 'cause Commissions in Eyer, or other Oyers, and Terminers to be issued to clear the matter by more particular evidences.   

Eight Observable POINTS OF LAW; Executable by Justices of the Peace in their Counties, and Magistrates in their Corporations. Necessary to be known to the COMMON PEOPLE.  

1. The choice of all Officers of Peace and Trust, anciently in the People, confirmed by Magna Chart.  1 COunties and Sheriffs Turns, were ancient Courts in the time of King Arthur, & before; And in the Turns were tried all Pleas of the Crown; & in the Counties all Common-Pleas under forty shillings without Writ; and above, to any value with Writs, according to the Law maxim, Quod placita de Catallis, debitis etc. quae summam 40f. attingunt, vel excedunt secundùm legem & consuetudinem Angliae, sine brevi Regis plaeitari non debent. See the Lord Coke upon the 35th Chap. of Magna Charta; and upon the Statute of Gloucester fol. 310. & 312. Hundreds, and Court Barons have the same power, and rights, and neither Sheriffs nor Stewards are Judges, but suitors only, fol. 312. And so all men were to have Law and Justice at home, cheap and near, and not to fetch it from Westminster, far and dear. And the Conservators, otherwise called Guardians of the Peace before Magna Charta, and since; had all necessary power to govern their Counties in Peace, and to execute all Laws conducing thereunto, and to command the power of their Counties to assist them; and were chosen (as all other Officers of Peace and Trust were) by their Counties, as the Lord Coke affirmeth.  

2. This Mutuatus is usual in the Kings-Bench, and Common-Pleas, to fetch poor men not worth 40. s. from York or Cornwall to London, for 5. s. debt or lesle; and to Outlaw him in the Common-Pleas, if he come not; which example other Courts of Record follow too much.  2. As Superior Court aught not to encroach upon Inferior, so the Inferior aught not to defraud the Superior, o● those causes that belong to them: viz. Neither aught a man be sued in any Court of Record for debt not amounting to 40f. by way of mutuatus, and other lawless tricks daily used by Attorneys; nor in any inferior Court for debt of 40 shillings, or exceeding, by dividing it into Actions under 40 shillings. In which cases the Defendant aught to be admitted to pled to the jurisdiction of the Court, and to have a Prohibition to stay the suit: see the Lord Coke, upon the Stat. of Glouc. fol. 311. And all Courts were to dismiss all Actions entered without sufficient bail to prosecute, answerable for costs and damages. If nonsuited, or cast; and not Jo. Do. and Rich. Ro. as is used. See F. H. Just. P. the Register, and Fitz. H. Nat. brevium at large. And no Court of Record was to proceed in any action of debt, before the Plaintiff swore his said debt to be 40. or more, and his damage in trespass to be so much at lest: And if Battery, that he was beaten indeed, to his uncurable hurt to that value. See the Stat. of Glouc. and the L. Coke upon it, with his reason for the discontinuance of this practice.  

3. Doth not the denial of an Habeas Corpus, to bring a prisoner before a Judge without Fees, (both to Judge and Attorney) include the sale, delay, and denial of Justice, while the prisoner is unprovided to buy it.  3. All the King's Writs for the doing justice and right to all men freely and speedily, without delay or denial, aught to be granted, and had freely at the King's cost: And justice aught to be done freely, without sale; fully, without denial; and speedily, without delay: whereby (saith the Lord Coke) it appeareth that justice must have three qualities, viz. To be Free, because nothing is more vile, than what is venal; Full, and perfect, that it may not halt; And speedy, because delay is a kind of denial. See the L. Coke upon the Stat. of Marlbr. chap. 80. Thus to have and do, was the Common Law of England, and the Liberties, and Right of the People before Mag. Char. and saved unto them by it: and the best Birthright they ever had, or can have; whereby their Lands, Goods, Wives, Children, Bodies, Lives, Honours, and Estimations aught to be protected from injuries. See the L. C. upon the 29 & 38 c. of M. C.  

4. All defaults, & offences of Sheriffs, Coroners Escheatours, etc. inquirable, and punishable by Justices of Peace.  4. Therefore Magna Char. aught to be read, and published to the People in all Cathedrals twice yearly: And all breakers thereof are excommunicated ipso facto, and so twice pronounced by two Acts of Parliament, Tit. confirm. & excommengmt. in Rast. abridge. fol. 65. and 148. And it aught to be read in full County in every shire, four times yearly, and all the breakers thereof inquired of there; and further inquired of, and punished by Fines, Imprisonments, etc. by Justices in Eyre, two of every Counties choosing, whereby 12. or 14. may serve in circuits throughout England, and Wales, divided into six or seven Provinces, as twelve did serve for all England divided into six. See, and compare Rast. abridge. fol. 65. and Rog. Hoveden part poster. Annal. fol. 548. The not reading, and publishing of Mag. Char. is the default partly of Sheriffs not requiring it; partly of the Clerk of the Crown, etc. not sending it to them under Seal. All defaults of Sheriffs, etc. are inquirable, and punishable by Justices of Peace; as Lamb. Fitz. H. Cromp. Dal● etc. affirm at large.  

5. Observe the people's choice resumed by this Statute, when the King presumed to make Justices of P. and under that specious Title to empower them, first to affronted, and by degrees to suppress, and at last to extinguish the larger power of Conservators. A Prerogative imposture devised by Lawyers for their own advantage, when they got the King to confer this creation of Justices of Peace, upon his Chancellors, and Keepers, to whom their creatures became obliged to subject all England to Westminster, contrary to Mag. Char.  5. Justices in Eyre are discontinued long since, and not only for that they were interrupted, and wearied out by the Prerogative Judges, and Courts at Westminster by their Certioraries, Corpus cum causa, Errors, and other Writs (as the Lord Coke confesseth in his Exposition of the Stat. called Art. supper Chart. fol. 540.) but also for that Justices of Assize, Justices of Peace, and all Oyers, and Terminers by their Commissions, and Magistrates of Corporations by their Charters, were enabled & sworn to hear and determine all Trespasses, Contempts, Oppressions, and Misdemeanours, according to the Laws and customs of England, as appeareth in, and by all Commissions of the Peace, Oyers, Terminers, and Charters that have Oyer and Terminer, and by the Stat. made for the first institution of Justices of Peace, in the 18th year of Ed. 3d. in which year was also ordained the Oath of all Judges, and Justices of Oyer and Terminer for the due execution of justice, without sale, delay or denial, which the thrice reverend Judge Anthony Fitz Herb. admonisheth them that consider it, and their duty to God, and their Country, not to break upon any conditions, Nat. brevium fol. 240. d. but now the common practice is otherwise.  

6. Justices of Peace aught not to be seduced to transgress M. C. and the Petition of Right, by any Stat. that contradicts them, nor to loose the public interest for any Prerogative usurpation, but to reassume their authority from People, to act as conservators of the ancient peace, and profit of the Commonwealth: as in cases of Remitter, men stand to their best Title.  6. Any that Will, aught to have Commissions of Oyer and Terminer for all Extortions, Oppressions, and Misdemeanours of Sheriffs, Undersheriffs, Escheatours, Bailiffs, Clerks, and all other Officers: See Cromp. Just. Peace, fol. 51.8. Fitz. H. Nat. br. fol. 112. d. And Justices of Peace, and all other Commissioners that aught by their Commissions, and Oaths, to punish all such offences, & do not, are not lesle than perjurers, and the greatest malefactors of all other, themselves. Nor can any Writs of Certiorari, Corpus cum causa, Error, Supersedeas, or putting out of Commission, excuse or supersede them to finish their Judgements, and Executions in all such causes brought in question before them: See and compare the Stat. of 2. Ed. 3. and 14. Ed. 3.14. and the 20. Ed. 3.1. and the Procedendo thereupon in Fitz. H. Na. Bre. fol. 240. where it is said; They shall proceed to justice according to law, notwithstanding any Letter, Commandment, Prohibition, Writ, Privy-Seal, or Great Seal to the contrary. And if any such things be granted by the King, or any of his Judges, or Coutrs, such a Procedendo aught to be granted by the Keeper of the Broad Seal to countermand them; and to command justice, judgement, and execution to be done, even against the King, much rather against Judges, who under colour of Authority and justice, delude and wrong Kings, and People: For (saith the L. Coke upon the Stat. of Marlebridge, cap. 5.) there is no greater injustice, than when under colour of Justice, men are injured: but Writs of Certiorari Corpus cum causa, and Error, aught to be had, and granted, upon proof of malice, partiality, injustice, or error in matter, committed by any inferior Court, but not upon suggestions, or bore suppositions, as is used: See and compare therefore all the said Statutes in this case, together with M. Dearhams Manuel, p. 25. Nor by any Superior Judges or Courts that are parties, or concerned in the cause. See the L. Coke upon Art. super Chart.  

7. These oppressions are daily committed by mercenary lawyers, by colour of Statutes of their own devices against Mag. C. which Stat. aught to be repealed, & the longer execution thereof resisted by all, or any necessary means.  7. The granting of Writs, or Commissions to do injustice by, or to stay, or delay justice, where it is done, or doing; or to deny Writs or Commissions to cause or further justice to be done, (which always was, and yet is the practice of the Prerogative Judges at Westminster; not only to cross, & interrupt Commissioners legally chosen in, and by their Counties, (as Justices in Eyre were) and such, and all Justices of Peace, and Officers of Trust, and concernment in, and to the Commonwealth, still aught to be) is the worst of all Oppressions, and a general destruction of Law and People, committed by colour of an usurped Authority, as saith the L. Coke upon the Statute of Marlebr. cap. 5. To prevent which (his Lordship further saith) It is lawful for the People to take up Arms, or for Inferior Judges to commit their Superiors and that before any Verdict, or Judgement, because they worthily lose the benefit of Law, who intent to subvert it; and Subordinate authority is more to be obeyed, and assisted in the execution of Justice, than the Supremest to be endured to obstruct it. All this, and more, is to be read in effect, in the L. Coke Exposition upon Art. super Char. and the Stat. of Marl●br. which if executed by Justices of Peace in their Counties, and Magistrates in their Corporations, would soon regulate abuses, settle Peace, and much enable the State, and Commonwealth to pay public debts, and relieve distressed Soldiers: For it is Law itself, as virtue itself, invirtuateth, dignifieth, and authorizeth her true servants to execute her precepts; and confoundeth, expulseth, and turneth out of her service all her unjust Stewards, and underminers: As Jacob, and David were preferred before their elder brethrens; and Saul, Jeroboam, etc. were confounded by, and for their own Apostasies.  

8. As in all these cases, etc. all Justices of Peace should be careful to observe their Oaths, and perform their duties to the Commonwealth (whereof they are eminent members) So, no doubt the Freemen of England, would be ready to assist them in the regaining and preservation of their ancient Birthrights, Laws, and Liberties. Deus Faxit.  8. Under the Titles of trespasses, Contempts, Oppressions, Misdemeanours, are comprehended all breaches of Magna Char. and all Offences against all Statutes in force, and concurrent with Mag. Char. and the Petition of Right, which all Justices of Peace, and Magistrates in their several jurisdictions, are Authorised, and sworn to hear and determine, without fear, favour or respect of persons. How than to be excused, or delayed by any Writ, or command of any Superior? And how are the Judges of the Kings-Bench (whereof the chief was the King's Deputy by Writ) now Superior, or equal to any other Judges, or Justices? If that maxim be true moritur Actio cum Personâ? But the Office of a Deputy dyeth with its Master, as a Letter or Warrant of Attorney, with its maker: the King-Bench may be spared as well as his person? And all causes in this Commonwealth, be called Common-Pleas, and tried by the Common Law of the land, and Verdicts of common people, and Freeholders' of every County, and Corporation, before the Free Judges, & Magistrates freely chosen by the said Common and Free-People, to justify them at home, and not before mercenary makers, expounders, and sellers of all Laws, and Liberties, as they please at Westminster. And doth not the said Stat. of 28. Ed. 3. warrant Justices of Peace, or any two of them (whereof one to be of the Quorum) to call and keep Sessions as often as they see need to do justice to their Country? See the Stat. at large, and Cromp. I P. fol. 112. and F. H. I. P. fol. 10.  
Whereunto add, That as Magna Charta compriseth all the Law of this land agreed upon by Kings and People, and would be read and published in English (as aforesaid) for the better understanding thereof by all English People, to the end, that the ignorance of their Law, should be no excuse for any of them to transgress it: So how needless it is, if not pestiferous, to have this Common-Law reduced to a private mercenary Trade, or particular science exceeding the seven Liberal, by such professors thereof, as have, and do endeavour to disguise, mask, and hid it from all but themselves, in base French, and Latin intricacies and obscurities, to the end to make all persons offenders thereof, and none excusable, but by their resolutions of their own Riddles, which are always answerable to their Fees (be the cause right or wrong) whereby the cure of Law becometh an incurable disease, until that superfluous mercenary profession be abolished, or regulated, so as the best and soundest Lawyers may be used in Parliaments (as in former times) to sit upon Wol-sacks, to answer to what that high Court shall be pleased to ask them, and not as members of that Court, to make Laws, and Oaths for others, which they never observe themselves but for their own gain, and the people's damage: To which end, they always preamble their inventions against Mag. Char. with titles of Acts for the good of the people, when in their subsequents they hurt all but themselves; As (passing by all former) their last Acts for the enlarging of poor prisoners for debt, sufficiently witness; whereby neither creditor nor debtor are any way relieved, but both further entangled, and Lawyers Fees more procreated; Videat experientia. Conclusiuè; That there can be no firm peace, or end of Wars, till there be an end of mercenary professors of Law, lesle needful, or useful for Parliaments or People, than Bishops, or such as might be used there, or elsewhere, for saying, or reading prayers; while these neither pray, preach, nor study, but their own lucrative magnificence every where upon the people's purses.  
Add lastly; Such Justices of Peace as will not execute Mag. Char. with its confirmations, and the Petition of Right, and desert, and wave the execution, and practice of contradictory Statutes, (for zeal to their Creators, or fear to be unmade by those that made them) aught to be deserted and waved by all good Patriots of their country, as excommunicated persons, and breakers of M. Cham And such only as will execute Mag. Ch. etc. aught to be confirmed by the choice of the People in their Counties respectively, whereby they may act as the ancient Conservators of the Peace did by the Common Law of England before Mag. Char. and since, which was, to conserve the Peace of England by all necessary means, word, or sword; unlimited by Prerogative Statutes devised by mercenary Lawyers, to steal from the People their birthright Authority in the name of the King, unto themselves, to cell, delay, and deny it at their pleasures; which to do, is apparently contrary, not only to Mag. Char. and the Common Laws of England, and also to common reason, but chief to the divine Providence of God: for neither Law, Reason, nor Divine justice, would ordain a man to conserve the public peace of God's people (which peace, as they, is his own) without giving that man an unlimitable power, by which he may execute his Office, and without which he cannot.  
FINIS.   

THE PEACE of JUSTICE, OR, The Authority of a JUSTICE of PEACE: Anciently established amongst the first Principles of the fundamental Laws of England, under the the names of Conservators, etc. Continually Confirmed by Parliaments from time to time; but eftsoon overborn by corrupt superiorities, till now restored to its pristine Liberty, by The Keepers of the Liberty of ENGLAND by Authority of Parliament: and lately set forth by their several Commissions under the great Seal of England, directed to the Chieftains of the several Counties, Cities, and Liberties thereof: One of which, being for the Liberties of Westminster and S. Martins le Grand London, is herein Englished, Interposed, and Post-scribed with some reasons extracted out of Statutes, and other Authors, for the better understanding, and satisfaction of all whom it may concern.  
By JOHN JONES, of the Neyath, in Com. Brecon Gent.  Nulla salus Bello, Pacem te posennus omnes. 
London, Printed by W. Bentley, for W. Shears at the Bible in S. Paul's Churchyard. 1650.   

To the HONOURABLE COLONEL THOMAS PRIDE, One of the Justices of the Peace for the County of Middlesex, Liberties of Westminster, and S. Martins le Grand Lond. etc.  
SIR,  
HAving dedicated my former Treatise, entitled, Judges Judged out of their own mouths, to all the people of England universally; now in respect of the integrity I have found in yourself, in behalf of them all, to 'cause that to pass the Press, for the view and good of all; I thought myself bound in duty to devote this Tractate of Peace to yourself that are one of the Justices of Peace, named in the Commission which I have here chosen to English, and to Comment upon, to my best ability, in so short a time as I had since it came to my hands, to dispatch it before your departure to your Rendezvouse.  
Sir, I beseech you be pleased to give me leave to pass it under your name, & vouchsafe to accept so simple a gift, of an hearty giver: The subject concerneth both Peace and War, and cannot be safely protected from the Enemies of either, (whereof Peace hath too many) but by a man eminent for his power, and interest in both, with this difference observed by Croesus' king of Lidea, That in times of Peace, Sons buried their Fathers, but in times of War, Fathers buried their Sons. And so much precedence to be given to Peace before War, as to Mercy before Justice, neither of which can subsist, one without the other, but well consist both together, as the God of Peace, and Lord of Hosts, are but the self same Deity, united in the Spirit of God, which wheresoever it is, there is Liberty, 2. Cor. 3.17. Which Liberty God grant England.  
So wisheth and prayeth, Your daily Orator, JOHN JONES.   

The Commission.  
THe Keepers of the Liberty of ENGLAND, by Authority of PARLIAMENT, To William Lenthal Speaker of the Parliament; Thomas Lord Fairfax, Lord General of the Army raised for the Parliament; John Bradshaw, Lord Precedent of the Council; Boulstred Whitlock, Richand Keeble, John Lisle, Lords Commissioners of the great Seal of ENGLAND; Robert Earl of Warwick; Charles Earl of Nottingham; Will●am Earl of Salisbury; Basil Earl of Denbigh; William Lord Grace of Wark; William Viscount Monson; Henry Vane the elder, Knight; Henry Rolls, Chief justice assigned to hold Pleas before us in the upper Bench; Oliver S. John, Chief justice of the Common Pleas; John Wild, Chief Baron of the public Exchequer; Edward Prideaux, Attorney general of the Commonwealth; Edward Powel Knight and Baronet; Humphrey Foster Baronet; John Danvers Knight; Henry Vane the younger, Knight; John Hippesley Knight; John Thorowgood Knight; Henry Holcroft Knight; Humphrey Edwards; Laurence Whitaker; John Brown; Henry Scobel, Clerk of the Parliament; Edward Birkhead, George Manley, Roger Hill, John Trenchard, Michael Oldsworth, John Moor, Thomas Latham, John Hooker, Thomas Pride, Thomas Herbert, Thomas Falconbridge, John Helyn, Edward Carter, Silvanus Taylor, John Humphreys, William Powel, Arthur Squib the younger, and Samuel Gooken Esquires.  
Know you, that we have assigned you, and every of you, together, and apart, justices, for Conservation of the Peace within the Liberty of the late Dean and Chapter of the Collegiate Church of S. Peter Westminster, for the City, Burrough, and Town of Westminster, in the County of Middlesex: And for S. Martins le Grand London. And to keep, and cause to be kept, all Ordinances and Statutes made, and provided for the good of the Public- Peace, and for the Conservation thereof, and for the quiet rule and government of the People in all and singular the Articles therein contained, within the said Liberties, as well within Liberty as without, according to the Force, Form, and effect of the same.  
And to Chastise and punish all and singular Delinquents against the form of the said Ordinances, or Statutes, or any of them, within the said Liberties, as according to the form of the said Ordinances, or Statutes is ordained to be done. And to cause to come before you, or any of you, all those which did, or shall threaten any of the people to hurt them in their bodies, 〈◊〉 to burn their houses, to found sufficient security of the Peace, or Good-behaviour towards all men; and if they refuse to found such security, than to 'cause them to be safely kept in Prison, until they found such said security.  

Interp.  Thus far this commission extendeth to the execution of such Ordinances and Statutes, as only concern the Peace, and Good-behaviour, of which there are very many, and some of them executable by one Justice, and some not; but in case of necessity, for the speedy prevention, or suppression of unlawful Assemblies, forceable Entries, Riots, and Outrages, and for the correction of Ale-sellers, Gamesters, Profaners of the Lords day, common Swearers, Drunkards, etc. one Justice next at hand is soon had, and most bound, required, and authorised by the words, you or any of you, in this Commission, to do that duty: And also by the words of the Statute, 34. Ed. 3.1. upon which this Article is grounded, to bind to the Peace, or Good-behaviour any that shall threaten violence to others, by sword fire, or other means: see Crom. J. P. fol. 128. And thus far, and further did extend the authority of Conservators of the Peace before Mag. Chart. or any Laws were written in these cases, the fullness of which authority was supplied (in what it wanted, by the express words of such a large Commission as this,) by implication of a few words, in a short one, as you may read in the beginning of Lamb. J. P. briefly importing, that no power or authority of law, aught to be wanting in any Justice of Peace, to perform the duty of his office, for it is Law itself, that no man shall want the means, to perform that which the law requireth to be performed by him: So that if Peace could not be maintained without War, a Conservatour of the Peace, had the power of his County, to enable him that way, and so a Justice of Peace hath still. And Edward the 3d, that first changed the name of Conservators to Justices, and assumed both the naming and choosing of such officers from the people (who formerly chose them, and all other officers of trust in their full Counties, in every Shire, and Kings only granted Commissions to such as were so chosen, and altered those Commissions at the people's request, whensoever they pleased to altar their officers;) did make his choice of such Justices, (although to his own ends, yet very wisely,) of such persons, as were best affected by the people for their known integrities amongst them, and most resolute and able to keep under his Laws, and Rule, those Lords and former Superiors both of Law and Justice, whom he had subjected more by his sword and policy, than right at that time; and therefore joined these Justices in Commission with Lords and Judges, that they might be their equals in government so long as they behaved themselves well, and their superiors by the same power to govern and chastise them, whensoever they misbehaved themselves: for Lords, Judges, and Justices of all sorts may, and too often do transgress the laws, as other men, and so of equals or Superiors, become subject to the justice of their associates in Commission (reputed otherways their inferiors;) being transfigured from Superior Judges of the Law, to Inferior Trespassers against it, Indictable by their Peers, of the Counties, wherein they offend, and punishable in the Court, where their Indictments are taken, as you may read in the Stat. 2. Ed. 3.8.18. Ed. 3.3. and 20. Ed. 3.1. abridged by Rast. fol. 227. which (though rarely practised) can be not more strange to Lawyers, than when for false judgements 44 Judges, were hanged in one year, whose names and causes in brief, you may found in Horns Mirror of Justice, P. 239. 240. 241. and 242. Nor for Divines, than when an Archangel, was by verdict of his Peers, and equals, the rest of the Arch-Angels, and judgement both of them, and of the Angels that were his inferiors, doomed from Heaven to hell, from perpetual joy, to everlasting torment; and transformed from an Angel of light, to a Prince of darkness. Nor need it be a wonder to any that know the lawful descent of inheritance, from the elder brother, that dies without issue of his body, to his next living brother; for what is a Judge that ceases to do justice, or doth injustice without regard of his oath or conscience, but a dead man in his judgement? whose judicature thereupon descends, and spirit passes (as Sauls to David) to the next chosen vessel of justice, that neither will nor can but judge himself to death, when detected to himself, to be thereof worthy, as David did when discovered by Nathan, how he had trespassed against Vriah. Well therefore did Edward the 3d call them Justices in abstracto, whom he assigned to do justice in Concreto, & not Justicers or Judges, as Glandvil saith, their ancient name was Justices, to mind them not only to do, but to be justice itself to all men without respect of persons, otherwise than to value them for their Crimes, and those so much the greater by how much the Actors are, and would be so esteemed. Justices of Peace therefore sworn and authorised to be Justices indeed, and to proceed according ' to the force, form, and effect, of the Ordinances, Statutes, Laws, and customs of England, so far as this Commission declareth they are, aught to be so sincere and severe in the execution thereof, as to perjure themselves for no man.  

Commiss.  We have also assigned you, and every two, or more of you, (whereof we Will William Lenthall, Thomas Lord Fairfax, John Bradshaw, Boulstred Whitlock, Richard Keeble, John Lisle, Robert Earl of Warwick, Charles Earl of Nottingham, William Earl of Salisbury, Basil Earl of Denbigh, William Lord Grace of Wark, William Viscount Monson, Henry Vane the elder, Henry Rolls, Oliver S. John, John Wild, Edmund Plideaux, Edward Powel, Humphrey Foster, John Danvers, Henry Vane the younger, John Hippesley, John Thorowgood, Henry Holcroft, Humphrey Edwards, Laurence Whittaker, John Brown, Edward Birkhead, George Manly, Roger Hill, John Trenchard, Michael Oldsworth, John More, Thomas Latham, John Hooker, Thomas Pride, Thomas Herbert, Thomas Falconbridge, and John Helyn, to be one,) justices, to inquire by the oaths of honest and lawful men, of the said liberties, by whom the truth of the matter may be known, of all, and all manner of Felonies, Witchcrafts, Enchantments, Sortileges, Art-magick, Trespasses, Forestallers, Regrators, Engrossers, and Extortions whatsoever. And of all and singular other Malefactors, & offences, of which justices of Peace may, or aught lawfully to inquire, by whomsoever, and howsoever doubt or committed, or which hereafter shall hap to the done, or attempted within the said Liberties. And also of all them which within the said Liberties in Conventicles against the Peace, in perturbation of the People, or by force of Arms, have gone, or ridden, or hereafter shall presume to go, or ride: And also of all such who there, to the threatening of the Nation, or to kill them, have laid in wait, or hereafter shall presume so to do. And also of all Ostlers, and other persons whatsoever, which in abuse of weights and measures, or in selling victuals contrary to the forms of the Ordinances, or Statutes, or any of them, thereof for the common utility of England, and the people of the same, made, have offended, or so attempted, or hereafter shall presume so to offend, or attempt, within the said Liberties. And also whomsoever Bailiffs, Stewards, Constables, keepers of Goals, and other Officers, within the execution of their Offices, concerning the premises, or any of them, have unduly behaved themselves, or hereafter shall presume so to do, or have been fearful, remiss, or negligent, or hereafter shall hap so to he within the said Liberties. And of all and singular Articles, circumstances, and other things whatsoever, by whomsoever, and howsoever, within the said Liberties done, or committed, or which hereafter shall be done, or attempted in what manner soever, concerning the truth of the premises, or any of them. And to behold all Indictments whatsoever so taken, or to be taken before you, or any of you, or before any of the late justices in the said Liberties taken, and not yet determined, And to make and continued all Process thereof, against all manner of persons so Indicted, or which before you shall hap to be so Indicted, until they be taken, yield themselves, or be Outlawed. And to hear and determine all and singular Felonies, Witchcrafts, Sortileges, Arts magic, Trespasses Fore-stallings, Regratings, Ingrossing, Indictments aforesaid. And all and singular other the premises, according to the Laws and Statutes of England, as in such cases was used to be done, or aught to be heard and determined. And to chastise and punish all the said Delinquents, and every of them, for their offences respectively, by Fines, Ransoms, Amerciaments, Forfeitures, and other means, as according to the said Laws and Customs of England, or the forms of the said Ordinances, or Statutes were, or aught to be done. Provided always, that if any Case of difficulty upon any Determination of any the premises before you, shall hap to arise, than to give judgement, unless it be in the presence of one of the justices of one Bench, or other, or one of the justices of Assize assigned in the said County, you shall forbear to proceed. And therefore we Command you and every of you, that to keep the Peace, Ordinances, and Statutes, and all and singular other the premises, diligently to attend, and at such certain days, and places, which you, or any such said two, or more of you shall appoint as aforesaid, you shall make inquiries upon the premises. And all and singular the premises you shall hear and determine, and the same you shall do and fulfil in form aforesaid, being to do therein what appertaineth to justice, according to the Law and Custom of England; Saving unto us our Amerciaments, and all other things unto us in this behalf belonging. We command therefore by the ten or of these presents that you, or any such said two, or more of you, as aforesaid, shall make known the same to the Bailiffs of the said Liberties, that than they shall 'cause to come before you, or any such said two, or more of you, as aforesaid, such and so many honest and lawful men of the said Liberties, as well within Liberty as without, by whom the truth of the matter in the premises may be best known and enquired. Lastly, we have assigned the said John Bradshaw Keeper of the Rolls of the Peace within the said Liberties: And that therefore thou at the times, and places aforesaid, cause to come before thee, and thy fellows, the Writs, Precepts, Processes, and Indictments aforesaid; that the same may be perused, & duly, and finally determined as is aforesaid. In witness whereof, We have caused these our Letters to be made Patent.  
Witness Ourselves at Westminster, the 15 day of February in the Year 1649.  

Postscript.  Here are some particular Trespassers & Trespasses, instanced with an indefinite conclusion of all others, which Justices of Peace may or aught to inquire, by whomsoever, or howsoever committed or to be committed. Now what act of injustice can be but is a trespass? What Trespasser can be, but is included in the word whomsoever? What manner of Trespass can be, but is comprehended in the word howsoever? And what Justice of Peace can be, and be sworn as aforesaid, to execute this Commission, and the Ordinances, and Statutes therein mentioned, according to the force, form, and effect thereof, that can omit to inquire of, and punish all Trespassers and Trespasses, within his jurisdiction accordingly, without committing that damnable sin of Perjury, prohibited by the second Commandment? It is true, all of them live not always within their jurisdiction, and some that do, are often employed upon other public services, on the like Oath, and some may be sick, etc. so that many may be often lawfully wanting in this; are not therefore any two or more, of so many named in this Commission sufficiently authorised, and strictly enjoined by it, not only to inquire, but also to hear and determine, all and singular Trespasses aforesaid? And doth not the same Statute, that appointed them quarter Sessions, also allow them as many Sessions as they shall see needful to hold, to perform their duties? Than what Remora can stay, or Lucifer fright them all, so that not so many as two of them be ready at all times to serve the Commonwealth in their office, and to discharge themselves really in that behalf? Me thinks I hear some answer; Writs, and Commands from Higher powers: I say, this Dilemma is cleared before in Lucifer's own case: Yea, but (say they) this practice holdeth; and if not obeyed, Justices of Peace, like servants, are by their Masters, the Lords Keepers, or Chancellors, turned out of their Commission. I confess it is too often true; but are not they mad Masters that turn their servants out of their service for doing it? and are not Bridewells, and Bedlam as fit for mad Masters, as for unruly Servants? are not the Laws powerful, and plentiful for the ordering of Masters, as well as servants? (Two Justices of Peace in my native County, Brecon, offering to break the peace with their daggers drawn one against the other, in presence of a Constable (that was servant to the one, and more inferior to both, than any Justice can be to any Lord Chancellor) who arrested them with his sword, till they gave him bonds to keep the peace, which was the duty of their office, and his, and returned their bonds to Sir John Crook than Judge of that Circuit, who commended the Constable, and told the Justices (than sitting with him upon the Assizes) they aught to be Indicted of Perjury.) If higher Justices transgress justice, is not their case the same? It is want of that worth therefore that becometh this Authority, and not a Writ surreptitiously obtained, or granted ex improviso, (which cannot determine Justice, although it may oppose it, while Justice in the interim may have the better opportunity to determine Injustice) sometimes maketh some Justice of Peace desist in the due execution of his Commission, and incur Perjury, as aforesaid. For suppose a Catch-pol, or a Gaoler be indicted, imprisoned, and arraigned for Extortion in a Session of Peace, and procureth a Certiorari, Habeas Corpus, or Corpus cum causa, to remove himself, and his cause to one of either Benches, or a supersedeas to proceed any further therein, or in the Commission of the Peace at all; it is true, that those Courts, and others, may grant such Writs, and others, and too often do, upon mere suggestions of injustice done, or like to be done, or some partiality showed by some Justice of Peace, etc. to either parties; but (say the Statutes) 25. Ed. 3. cap. 4. Stat. 5. and 37. Ed. 3. cap. 18. and 38. Ed. 3. cap. 9 and 42. Ed. 3. cap. 3. and 17. Rich. 2. cap. 6. the sum of all which you may see in Rast. Abridgement ●it. Accusation, fol. 5. Such suggestions aught not to be received, but the Suggestours punished, and the Traduced righted; so that the granters of such Writs aught to have good causes for the granting thereof pro●ed, before they grant them; or else they incur so many Perjuries, as ●reaches of the said Laws, and thereupon aught to be Indicted, and judged by Justices of Peace of that limit wherein the offence is committed, who aught not to desist in their proceed for any such said Writs (as hath been formerly showed) unless they commit wilful Perjury in so obeying, as the granters do in so granting, who aught not to grant any such Writs, but for the causes set down for every writ in and by Fitz. N. B. and the Register, in their several titles, upon due proof made of those causes before their grants, (as aforesaid) and a causam significes aught to be sent to a Justice of Peace for himself to certify why he obeyed not the Certiorari before any other proceeding (than a Plures) be had against him; whereupon, if he certify any lawful cause for him to proceed, as that he knoweth, or findeth by due proof, the justice and merit of the cause depending before him, and that he is authorised and sworn, (as aforesaid) or findeth the Writ to differ from the Record; than whatsoever power proceedeth against him, without proof of injustice done, or partiality showed by him in that cause, showeth itself partial and unjust in so proceeding, and fit to be overpowered by the strength of the Country, if otherwise it will not. And whatsoever lawful Commission such Injustice shall offer to supersede, Law and Justice warrant to be executed, any such Supersedeas notwithstanding, as the Statutes before cited declare at large. Therefore let me proceed in the case supposed; An extorting Bailiff indicted, imprisoned and arraigned, procures a Writ to remove or stay his cause; the Justices may and aught to proceed to judgement and execution, and their certificate of the cause of their non admission of such Writs, aught to be a sufficient satisfaction to the Granters, for thereby the Offendor hath that justice he aught to have, by the hands of the said Justices, who only aught to give it him, and are sworn and authorised so to do, (as aforesaid;) and the Granters who are sworn not to delay, or hinder it, have their lawful and timely prevention from so great a mischief, as (if they proceed further, or otherwise upon such Writs,) is no lesle than manifest Injustice, and wilful Perjury, both inquirable, and punishable by Justices of Peace within their limits, by this Commission, and the Statutes before mentioned; and the Statutes of 5. Eliz. 9 14. Eliz. 11. 27. Eliz. 11. and 28. Eliz. 5. See Cro. I P. fol. 17. and 116. And if indicted, the Justices of the Peace before whom such indictments hap to be, have full power to issue their Writs, viz. venire facias to the Sheriff of the County, or Bailiff of the Liberty, which if he return with a habet, than distringas ad ins●nitum; if with a nihil habet, than a Capias, which if he return with a non est inventus, than an Exigent, and ut legate. to arrest and imprison the indicted wheresoever found. And than a Habeas Corpus to bring him thence to his trial where he was indicted, and the offence committed. And than if any evidence be wanting to convict or attaint, a Certiorari to fetch any Record, or the tenor, which may conduce thereunto out of any Court whatsoever. And thereupon ●n Alias, Plures, and Attachement etc. So that it is not the supposed superiority of any Court, must hinder justice to be done by an Inferior, but the justice itself, and the worthiness and public concernment, and necessity thereof that preferreth the Judge that is just, and of a competent jurisdiction in Law and reason, to do it before him that neglects it in his place whatsoever. As David before Saul, and the Keepers of the Liberty of England before the Destroyer's of it. Howsoever it was otherwise conceived and practised, when Privy Councillors, Judges of Star-chamber, etc. would permit none to be made, or continued their fellow Justices of the Peace, but such as wore their blue-coats upon St. George his day, and became their servile fellow Perjurers all the year after, ready to do whatsoever they willed by Word, Writ, or Command whatsoever. But some suppose that in reason the Courts at Westminster, vulgarly called the Higher, have Prerogatives, and Privileges above other Courts, whereby their Judges, and their proceed aught not to be looked into by any Court of judicature, commonly accounted their Inferior. This supposition is sufficiently answered before, but I further ask, can any man be so mad, as to suppose that any Court of justice can or aught to have any prerogative, or privilege to commit any Injustice, or any Cessour, or Failer of justice in itself? or to 'cause any such defaults to be committed by any other Court? and that the Supreme power of England consisting in the Free-people thereof, universally concerned therein, can want the Prerogative and privilege to punish, or cause to be punished any such Court, and the judges thereof, though never so highly reputed, but themselves, and their creatures; and to 'cause the Laws and Statutes of England to be so construed, and practised, that there shall be no Injustice, Cessour, or Failer of justice used therein? Do not the Statutes of 2. Ed. 3. cap. 8. and 20. Ed. 3. cap. 1. Sufficiently warrant, and absolutely command that it shall be so? and is not the granting of such Writs without proof of Injustice committed, or partiality showed by the judge that hath the cause depending before him, clearly Injustice, Cessour, and Failer of justice? and so fully employed in and by the said Statutes of 25 Ed. 3. cap. 4. 37. Ed. 3. cap. 18. 38. Ed. 3 cap. 9 & c.? And is it not wilful Perjury, by the Oath made for judges, 18. Ed. 3. Stat, 3? Do not such Writs so granted, give colour of excuse to some justices to whom they are directed, (if they be no wiser than the granters) to Perjure themselves for company in committing Injustice by cessing, or deferring to do justice, contrary to the said Statutes, and the duty of their office by their Commission? Yea, but the judges of those higher Courts are more learned in the Laws, and therefore know how to do justice better, and sooner than others, (and this seemeth to be implied in the proviso specified in this Commission, advising the justices of Peace in cases of difficulty to be advised by the judges etc.) and Attorneys and Bailiffs that attend them, aught to have more privilege to be justified by them than others? Yea, but doth not experience tell us, that some of them are not more learned in Law, or otherwise, than other long roabed tell-clocks; and that they advised King CHARLES who acted nothing without them in any of his Monopolies) to become as Perjurious as themselves, but not equal in cumpunction to that King and Judge that contrived the Clock and Jacks at Westminster (lately transformed from gowned Judges, to Soldierlike Halberteers) to mind them when it strikes, to measure their hours by their honesty, and that by their Oaths, etc. And that Indictments removed before them 20. years past, remain amongst their Records, and so are like to continued in a perpetual discontinuance? And do not Scriptures tell us, that God found it necessary that the sons of Eli should have other correctors than their father, and so must the Supreme power aforesaid, have other Chastisers of Attorneys, Bailiffs, and Gaolers, than the judges at Westminster: or else it is to be feared, that God himself, who is the Supremest of all judges, and Power, and even Justice itself, will proceed to judgement against this Nation, in this cause in suit already in his highest Consistory, where needs no Certiorari, nor can be Supersedeas admitted, but a Corpus cum causa most certainly granted, to bring every Prisoner to the Bar; where, whom he only justifieth by his own only righteousness, and mercy, he receiveth into his endless glory, and rewardeth according to their imputed merits, with a bountiful, beautiful, everlasting inheritance; whereof, let all such as sit upon transitory Tribunals, endeavour (by way of Justice done amongst us without cessation, fail, sale, delay or denial, but mixed with mercy, so that Peter may have time to hear the Cock crow) to be happy partakers: Or else roll Justice, roll through the Laws Subversion to thine own Confusion, with a garland of Delusion; and mercy be unto them that desire to practise it. AMEN.  
FINIS.   

Postscript.  
WOuld it not be an acceptable service to God, if the Justices of Peace of the County of Middlesex would call a speedy Sessions, and therein inquire, hear, and determine according to the Law of God and Magn. Charta, etc. and this Commission, (their's being the like) who are most guilty of the Gentleman's blood that was most wilfully murdered, by the six Catchpoles, near the Ducking-ponds in Islington Fields, on the sixth of April, 1650. Whether the Judges that granted a Writ to Arrest for Debt? or the Murderers that executed it with such barbarous butchery? or the perjured Jury that saved them contrary to two Verdicts? or the Judges that so advised them, contrary to all Law, but such a bloody one as their Predecessors lately contrived, to justify such actions.  
Can it be any difficulty for Justices of Peace, to found Law enough, both Divine and human, to hung all the said Actors? shall any Judge of either Bench, etc. be thought fit or indifferent to advice in this matter?  
FINIS.   

THE NEW Returna Brevium, Or the Law returned from WESTMINSTER And restored in brief to its Native, Ancient, and Proper Habitatio Language, Power, Purity, Integrity, Cheapness, Briefness, Plainness. Whereunto is added the Petition of Right, granted by Parliament in the third year of King Charles the first. And confirmed by the last Parliament.  
Written by John Jones of the Neyath in Com. Brecon Gent.  
He hath showed 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 for Tho: Matthewes at the Cock in St Paul's Churchyard. 1653.   

TO The right Honourable Oliver Crumwell LORD Lieutenant of IRELAND, etc.  
Heroïck Sir!  
LOng and earnest have been the desires and prayers of many thousands of faithful hearts for your safe and happy return into England, which God for his own glory, your honour, and our comforts, hath now opportunely brought to pass with such testimonies of his blessings upon your actions, manifested by your successes in his battles, as may be justly terrible to all his, and your Enemies; and truly joyful 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 be inquired in the Assembly, whose promises to yourself, and your dependants, whose Votes in public, and Vows in private have most wilfully failed you and yours: I shall not presume to inquire what breaches have been made of performances in matters most nearly concerning you, and your Army, best known to yourself: but what hath been performed of those promises made to you and your Army, for the relieving of your daily Orators, Prisoners for Debt, wrongfully restrained, contrary to Magna Charta, and all the true Laws of the Land, which men sitting in Parliament publicly profess, and have often sworn to maintain: what ridiculous Acts even those men have made to delude you and your Orators, their own and all God's people, to cross those Laws more than before, and to support their extortions, & mercenary practices in all the ways of jujustice, in an higher measure than their Predecessors: what Justice can be expected from such Justicers? what mercy can be expected from God to continued upon that Land that shall suffer such Mountibanck-mock-lawes to live, much more to sit, and be Legislators amongst them? o! let such buyers & sellers of Law and Justice be thrown out of the Temple, and the House of the Lord be purged of such abominations. The valiant and Religious Patriot Colonel Pride (in your absence) endeavoured to work some 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 subtle Serpent's innocent against their wills; unsting them, unskin them; for their Cases are far more precious than their Carcases. I have here following demonstrated their uselessness in this Commonwealth? which may it please your Honour to peruse at your leisure, protect in your favour, correct in your wisdom, and act in your Justice; so God shall further prospero you & your posterity, the Commonwealth honour you and them, and with the rest of your Orators, and theirs, I shall be ever yours to Command during life,  
John Jones.   

THE NEW Returna Brevium OR The Law returned from WESMINSTER, etc.  
DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diversity of their opinions and self-ends premised therein; for the effecting whereof, they would have their several Propositions disputed; some for Alterations, others for Additions, others for Subtractions; all for Corrections; but few or none knowing how to mend Magna Charta more than Magnificat; nor really studying, but how to mar both. Observe how the work directeth itself how it would be done: For as saith the Mirror of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordained (viz by King Alphred long before Mag. Chart. or the Norman Conquest) that Right should be done from 15. days to 15. days, before the King and his judges: and from month to month in the Counties if their largeness required not a longer time:) And that every three weeks, right should be administered in other Courts. And every free Tenant had ordinary jurisdiction, etc. And before pa. 1. The Sheriffs and Bailiffs caused the Free Tenants of their Bailywicks to meet at the Counties and hundreds, at which Justice was so done, that every one so judged his Neighbour, by such judgement as a man could not else where receive in the like cases, until such time as the Customs of the Realm were put in writing, and certainly established. And although a Freeman commonly was not to serve without his assent; nevertheless 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 judged their Neighbours. And again pa. 8. It was ordained, 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, etc. viz. Complaineth to us A. that B. doth him such and such wrong, We therefore committing to thee our Turn in this behalf, command thee to hear and determine that cause. Their Jurors were Judges: And why do Judges now at Westminster (that can be not more absolute Judges by their Commissions, than 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 than known and practised in English) usurp more than those Judges did, or those aught? viz. to be more than only pronouncers of the substance of Jurors verdicts aswell for Law as Fact; which pronunciation, is and aught 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 than were, and still are, and aught to be called the Kings or the States, as authorised by their Writs and Commissions to pronounce their Master's consents for their parts to convict the party guilty as the Judges of the people (viz. the Jurors do by their verdicts, which are or aught to be their true say both for Law and fact for the peopel's part and their own; which consents of Kings or States now called Judgements (because a full conviction of the guilty of both parts) if denied or delayed after verdicts, to be pronounced there accordingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an alias plur and Attachment aught to be granted by the Chancery-States, as you shall found in Fitz. nat. br. fo. 143. to imprison them till they do it, which is not usually done by themselves in every cause in Court, but by the Protonotary of course entered upon Record, unless respite be required upon good cause showed. And the execution which ever issueth in the name of King or State relateth to the Judgement, Conviction, which implieth both the Judgements of King or States and people as aforesaid.  
Would not therefore the common practice of the Laws and their plead in English as at first they were be more commodious and useful to instruct all understanding Englishmen for their own good to become experimental sufficient Lawyers in their own causes, than the modern custom of hotchpotch French and Latin imposed by Lawyers for their own gain to instruct few others of their own generation, to cheat the universality of the Nation of their rights and understandings, and make themselves and their Counsels most learned in others affairs?  
And again, That every one have a remedial Writ from the King's Chancery according to his plaint, without difficulty, and that every one have process from the day of this plaint, without the Seal of Judge or party. And again pa. 10. That after a plaint of wrong be sued, that no other have Jurisdiction in the same Cause before the first plaint be determined, etc. And against that all the King's Courts should be open to all plaints, by which the had original Writs without delays aswell against the King or the Queen, as against any other of the People, for every Injury, but 〈◊〉 case of life, where the plaint hel● without Writ: Why all at Westminster fit not between terms? And ●ll elsewhere all the year long? ●ertiorari's, Corpus cum causca, ●…ppersedeas, etc. issued thence, till ●…e Judges at Westminster can be ●…ere at leisure to determine all ●atters, which the multiplicity ●f rich men's causes so monopo●…zed thither cannot afford the ●…ore to end theirs while they ●ve commonly.  
And again page 11. That ●…l free Tenants shall be obe●…ent, and appear at the sum●…ons of the Lord of the Fee; And 〈◊〉 a man caused another to be ●…mmoned elsewhere than in ●…es of the Avowants, or oftener ●…an from Court to Court, ●…ey were not to obey such summons. Why than should ●…y Freeholder of the Coun●… of Middlesex, or any liberty thereof (except Westminster, and St. Martins le grand London) appear upon Summons at Westminster-Hall, which lately was the Fee of the Dean and Chapter of St. Peter's, and now is at the States dispose, to whom they please.  
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 detain, or deny their services in deed or word; and there they shall be acquitted, or forfeit their allegiance and all their tenancy 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. Observe the Freemen of every liberty than were, as still they aught to be, Judges of their Lords for their Fees, aswell as their other neighbours 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 Liberty of Westminster suffice for Judges for that precinct.  
And page 13. That offenders guilty of death should not be suffered to remain among the guiltless. Why Convicts for felonies, etc. in Newgate, etc. amongst prisosoners for debt?  
And that the Goods and Chattels of Usurers should Escheat to the Lord of the Fee. This law restored, would enrich the Commonwealth, purge it of many moths and Cankerworms, and teach men to live by their own labours, and not by others.  
And pa. 14. That none should be ordained Ministers above the member of Churches; and that the poor should be sustained by Parsons, Rectors, and Parishioners, so that none should die for want. How many die so daily now adai●… within every parish and Parson's view? So much and more affirmed by Master Horn to be the Common unwritten Laws 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 ancient laws of this Land, agreed upon by King and People to be published, and preserved inviolable 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 King's 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 we 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 overruled at Westminster? And in the first confirmation of the said Charter 25. Ed. 3. ca 2. It is further declared, That all Justices, Sheriffs, Majors, and other Ministers having the Law to guide them, (viz. Mag. Chart. Forest. than written and published) shall allow the said Charter to be pleaded before them in Judgement: and cap. 2. That if any judgement shall be given henceforth contrary to the points of the great Charter, it shall be undone: whereupon (saith the Lord Coke) the Laws of the Realm have the office to guide the Judges in all causes that come before them, in the ways of right Justice, which never yet misguided any that certainly knew them, and truly followed them.  
By these Collections of M● Horn before Magna Charta, and confessions of the Lord Coke since, sufficiently appeareth That the Laws (if published to the people as they aught) would be sufficient to guide them all, in all the right ways of Justice. But the Justices at Westminster that would guide the Laws, as Pope's Scriptures, by their own Interpretations, having purposely disguised them in Pedlar's French, and barbarous Latin, that few but themselves can construe; and forms so errorable as they can device for themselves to mend when they list; which happeneth sometimes for the rich, but rare or never for the poor; and thereby denying, delaying, and ●elling Justice at their own ●ates; And their Fry, sitting in the house, are the subverters of the Laws, as their Predecessors always were, and thereby the continual causers of all the civil wars of England; and besides all that, (under colour of Justice) murderers of more English men than all the Wars, Plagues, and Famine, which reigned in their times, destroyed without them: Witness their Statutes made and maintained against Magna Charta, for their murdering of Debtors in Prisons, with tortures and famine, when their extortions and their Gaolers have left them no means to buy bread: And for the unlawful divorcing, scattering, and starving of their Wives and children by the bargain, and 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 leave so much of other men's estates with the right owner's curse and their heirs, to their posterity, as their judges and Gaolers extortions and their own riot cannot consume in their own time; As also their last Acts formerly mentioned for release of Prisoners, which entangle their bodies and souls more than 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 done, tendeth wholly to make themselves great and rich, and the People their slaves and beggars.  
For Remedy whereof, it is to be desired in the name and right of the public, that the House would be pleased to be swept and cleansed of such cobs, and cobwebs, and to vote and vomit out of the sanctified bowels of that sacred Senate those execrable excrements that poison their entrails, and deliver them to public Justice, which their ravenous lives, and extorted possessions suffice not to satisfy; but may in God's mercy appease his wrath, stay his Judgement, and expiate this Land of that wickedness which they have wrought among us, and accumulated upon us.  
This done, The work followeth, and teacheth itself how it would be done as aforesaid; declaring itself that frustrà fit per plura, quod fieri potest per pauciora: vain is the labour of many workmen, where few may serve the Turn with far lesle charge, and more conveniency. And briefly, vain, expenseful and too burdensome to this common wealth are the several 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 Exchequer, which took their leave of it in Magna Charta, and left it to follow the King; and so I conceive it aught to do still, for that there is no use rightly to be made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Magna Charta saith were want to be determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Corporations, and country Judges in Signiories, which had jura Regalia; all which now, Justices of Peace having more power in matters determinable by common Law, than Justices in Eire had (if rid of the sovereignty usurped over them by their fellow-Justices, their Certioraries, etc.) may ease of much labour. Moreover, the chief Justice of this Court aught to be but the King's deputy by writ; and no King in being, no such Deputy can be. Hugh de Burgo Earl of Kent, chief Justice under King Henry the third, took his oath with his Master, to observe and maintain 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, being but to murder debtors over whom it hath no jurisdiction, and consequently perjury and injury to the Commonwealth; why may it not be spared as well as the King? While (as saith the Lord Coke aforesaid) all Majors, etc. have the Law to guide them, and now Englished unto them, where than can be the defect of Justice, but in the Justices (as before) that will not execute them? since it is Law itself that the Laws are to be interpreted so, that there shall be no failer of Justice to the people. And few or no Laws besides Magna Charta, and its confirmations, will serve to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases, and crafty disputes, arguments, and cavils passed among them; but to be used by such as have mind and leisure to read them, as Divines may the Works of the wantonest Poets, to pick out their flowers for their Pulpits, and leave their scurrilities to others of their Autor's genius. Or as Interludes, in which all parts were not all bad, and though all prohibited to be publicly acted, yet may Terence be read in Schools.  
And may not those Statutes that relate to the Justices of either Bench, etc. be executed without them, aswel as those that relate to the Bishops, are without them? And this Court thus spared, will spare the Commonwealth in Fees and extortion above five hundred thousand pound per Annum, besides unknown bribes, and their known salary of 4000 lively per Annum, as Sir John Lenthal and his 4000 prisoners or thereabouts, between Thule and Callicute; and Mr. Henly with his host of Scribes, whose Van is at Michael's mount, and Rear at Barwick, (if convented, and compelled to confess truth) can declare at large.  
The Chancery was no Court of judicature, nor personated by a Lawyer, but commonly by a Monk, or Bishop, (as we 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 showeth that the breaches of those Articles were the first thing given to the power of the Chancellor to judge of (who being likely 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. 4 to from which little fountain sprung that Nilus that ever since overfloweth all England, not only once every seven years, but seven times at lest in every year. The Chancery (a Court of Conscience forsooth) raised upon pretence of equity, and relief to such as complained of oppressions against the breakers of this Statute, which was the first confirmation of Magna Charta; and no sooner thus raised, but it despised both its raiser, and the cause, extolled itself, and overtopped all the Courts of England; difusing to grant the ancient Commissions in Eire to whom their Counties chose; and of Oyer and Terminer to any that had occasion to use them, as lawful was according to Fitz Herbert Nat. brev. fo. 112. and Cromp. sep. fol. 51. and all Writs to any without excessive Fees, and extortion, contrary to all Laws, the Oath of a Judge, and the practice of the office itself, as it was formerly gratis: and neglecting to sand Magn. Char. to every Sheriff yearly, to be read four times in full Counties, and to every Church to be read twice yearly: And the writ set down by the Lord Coke to be issuable to all Sheriffs to apprehended all subverters of the Law, and to commit them to the common Gaol; which I confess is politicly forborn, jest Chancellors and the rest of their brother Judges should be taken for the chiefest delinquents in that kind, and carried from Westminster to Newgate as (I dare swear) they have often deserved: But when I consider how ready their supersedeas' are to Sheriffs, Justices of Peace, etc. when they please and their Injunctions to stay Suits at common Law, (most proper to be determined there) and the disregard they make of the late Statute of 15 to Hen. 6. 4 to which forbiddeth them such matters, I confess no need they have to fear Sheriffs to displease them; but marvel how they can be so uncharitable, as to separate mercy which they call equity, from Justice, being that as Justice without equity is merciless rigour, so Equity without Justice (if any such could be) would be an unjust iniquity, and both these (notwithstanding they would seem to divide Equity from justice) are found individuals in Chancery, as Equity and justice were in Courts of common Law, before Chancery was; and so aught to be still, as Mercy and justice ever were and will be in the individual trinumine chief justice of heaven and earth, whose mercy is above all his works; but Chancellor's works are commonly above all mercy, when they can find no time, nor means to end any Cause, till both parties find 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 lest to his heir, except Sir Francis Bacon? and who saw a gainer to himself, or his heir by a Suit in Chancery, except it might be John Johns the cunning Merchant, or one that had lesle right to land than Keeper Coventrie could think fit to purchase in his man's name, and yet gained a precious decree against the right owner? Wherhfore this two-doored or double-leaved Court of Chancery and Rolls, being most pernicious to this Commonwealth, which it generally beggereth to enrich itself by encroaching upon all men's liberties, and drawing all those matters to Westminster which might be decided at home, with far more speed, justice, equity, and conveniency; and lesle charge, pains and attendance to both parties, where they are best known, or to be known in their own Court. Let this Court be spared, with the other, and the Commonwealth will be further spared of the triple charge of the former yearly, as the Warden of the Fleet and his prisoners, (as numerous as the King's Bench men) and the numberless Armado of Chancery caterpillars can sufficiently witness, if they please: whereof one thousand pounds per annum would be a competent salary for a Keeper of the Seal, and fifty pounds per annum for his man to attend it: And another thousand pounds per annum to ten Clerks to do the office of six, (anciently blue bonnets, two thousand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodging, and a fit office to writ all necessary Writs for all the Commonwealth. And the Clerk ships of the Crown and Hanaper may be united in one person, (as in Ireland they were in Mr. Edgeworth, and since in Mr. Carleton) who may be thought worthy of five hundred pound per annum, and all accommodation for his office, without any fees; and forty 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 be aswel spared as any, for that all Common-pleas are common to all Courts in Cities, and Counties, and aught to be tried there, (as the Lord Coke upon Magna Charta on the County Court confesseth) which sparing, would spare the Common wealth per annum not lesle than the greatest of the former two.  
The Court of Exchequer reduced to its proper jurisdiction, officers, and fees, concerning the public Revenues, may be continued for that service only, and suffice to maintain the Warden of the Fleet, and some 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 annum, as the wardens of the Fleet the two Remembrancers, and Mr Long can tell.  
Courts and Justices of Assizes, Nisi prius and Gaole-deliveries, are as necessary for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs by't their shins for their intrusions: or as drones are to Bee-hives, whence the Bees have good cause to chase them, for devouring their honey. For all matters of Assizes and Nisi prius belong to county 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 Gaol delivery belong to Sheriff's turns, Leets and Sessions of the peace, as the said Autors affirm, and the commissions of the peace and charters of corporations can prove and warrant. Wherhfore those three courts spared (as well they may and aught) the commonwealth will be further spared of two annual Visitations of several 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 marshalsea raised to that exorbitancy that King James and King Charles did, may and aught to follow their fortunes, and their households; 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 King's person, so aught that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more than I can calculate; but Mr. Say an honourable 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 employments of many thousands of able men wrongfully imprisoned for debt, and convert the lives and employments of many thousands of Attorneys, Solicitors, Gaolers, Catchpoles, Decoys, Setters, etc. To better uses both for their souls and bodies, and for the public benefit. Than Sheriffs Turns, Hundred Courts, Leets, Court Baron, Sessions of peace, and Corporation-Courts, restored to their ancient and right jurisdiction, which fall to them of themselves, which when those aforesaid are taken away, would be all sufficient, and only necessary to hear and determine all the causes of England, reserving Appeals to such as shall have cause, to Parliament or Commissioners of Oyer and Terminer to be assigned, as Fitz H. and Cromp. affirm anciently lawful, and usual, proof being made first of the partiality, or injustice of the proper Court, and no bore accusation, allegation, or presumption to serve 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 misdemeanours, Justices of Peace have power to hear and determine but not to hinder in due execution of their Offices, which are all necessary in their kinds in every County, and specially Coroners and clerks of the Market, the first for discovering of murders, etc. whereof God requireth an exact account, (as Scriptures and Reynolds History sufficiently witness. (And the other for the punishing of frauds in weights and measures, which Solomon saith are abominations to God; yet nothing more common amongst us, the more fearful his judgements upon us without timely 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 necessary will be not more chargeable to the Commonwealth hereafter, than always they have been heretofore, but as useful now as ever; and more profitable to the Commonwealth now, than ever before, because that in this time of Reformation, these Officers, as others, being chosen of approved persons for their Integrity, will endeavour (like their Superiors) the amendment of all offences, which they have power to chastise; whereas their Predecessors (imitating their Superiors) to their own ruin, intended their own private gain by public transgressions, and to that end increased iniquities in themselves and others.  
If any offer to pled, or object the customs and usages modernly observed time out of mind, against this reducement, and restauration of the Law, and its practice, to their ancient usages; I answer, Mala Consuetudo non est observanda: An evil custom is not to be continued; and Customs against Law are unlawful to be used: And to what end is Reformation, but to take away such customs? And Statutes lately made to support them by those that raised and used them, for their own gain and others damage? contrary to all the Laws of God and Man, and especially of Magna Charta, and its confirmations, wherein appear the right and Primitive customs and usage of this land, agreeable to them, claiming therefore to be restored, as in Justice they aught, and the other to be abolished, as likewise they aught.  
And being come to speak of ancient customs to be restored, and modern to be abolished, I cannot choose but remember the Poor, (as most men do) in the last place: for it was a custom as ancient as Christianity, for Christians to give lands, moneys, and goods in a large measure to relieve the poor, till Monks, Friars, and other Abbey-lubbers (as unsatiable, as idle) dulled men's charities with their continual beggings in the name of the poor, and grew sacrilegious, robbed spitals, made that which was common to the poor, as well as themselves, proper to themselves, and gave out of that which was none of their own, for assistance to countenance that Sacrilege, the first Fruits, Tenths etc. to the Pope, who had as much right thereunto by their gift, as the Devil; and consequently King Henry the eighth as much as the Pope, and his successors (whether Kings or States) as much as he. Whosoever conceive's I writ too boldly, or speak too plainly herein, let him read (not only Histories foreign and domestic, but) the Records and Statutes, extant and in force amongst us, videlicet, That of Carlisle de Asportatis Religiosorum 35 to. Ed. 1. And that de terris Templariorum 17ᵒ. E. 2 And those of the dissolutions of Hen. the 8 th'. between which first and last he may find many more to inform his conscience, so that his heart may think, his tongue speak, and pen writ much more than I do in this matter. All that I desire is, that the poor may be looked upon, if not with an eye of pity, yet with an eye of wisdom, taking notice that if the wedge of Achan be not enquired for, discovered, and recovered, the Nation may rue it: And that Popes, Kings, Bishops, etc. that cared not how lean they made the poor, while they might make themselves fat with their provisions, and those that expected their reversions, have cause by this time to be sensible of their Sacrilege.  
And that therefore the Spirit of Reformation would be manifested in the works of Charity; and if such as have gripped the patrimony of the Church into their claws, can find in their hearts to restore to the poor no part of that interest which all the said Statutes and many more, and all the writings of the Fathers, and many of our own modern Bishops (who unjustly detained all they could from them) abundantly confess and testify they aught 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 the Primitive Founders of Churches, Hospitals, etc. and other devout Donors, and Benefactors to such places from time to time so excessively bountiful to the Clergy and Corporations for the poors sake, that the Statutes of Mortmain were made to restrain them.  
All which notwithstanding the Clergy possessed no lesle than a third part of England and France (as Sir Walter Raleigh and Sir Nathaneel Brent have written) but not to their own uses (as they wickedly converted it) but as Administrators to and for the poor, as the same Autors, all the Fathers, and Littleton's Tenors the frank Almonie, and Tenant in common, sufficiently witness. Yet may the Parliament be pleased that Commissions for charitable uses be 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 Charity beginneth at home, and no man can or aught to neglect his own charge to follow others profit gratis, which maketh the Commission now in London and elsewhere ill executed, as the distressed of Ireland by woeful experience can lamentably verify. Nor let the number for a Court exceed 3, for the ease of the charge, which must be either charitably allowed and paid by the State, or deducted (s the late Lord Privy Seal in the book of order approved by the Council Table 6 to. Car. and the Additional Act for the Sabbath, etc. declare to be lawful for prosecutors) out of the poor's right. Nor let such Commissions be limited 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 be a Prelatical Chancerized confederacy to delude and defraud the poor at their pleasures; witness the heaps of lost laboured 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 Littleton's reigns; which he may declare the freer since the death of those Lions. Nor let the Clerk of the 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 done gratis, would be more charitably done for the poor, than for Justices; and he may shorten his labour by making one Commission for several 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 than Parliament for any alteration whatsoever. Nor power to punish vagrants, etc. 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 Laws and Legacies, than any other Nation can parralel, and deluded like Tantalus for his apple may by this means be enabled to catch into their empty, vain, gaping, begging mouths, and hungry paunches, some crumbs of some Almshouses, to prolong their days, to direct their prayers for their benefactors, to ascend like sweet incense to the Lord, in stead of the unsavouriness of their putrified members, to annoyed their oppressors and offend others; And such as are able to work, may be employed for benefit to themselves and others, and so the streets and fields be cleared of those loathsome sights and importunate clamours which Foreigners admire, and Domestics abhor, yet neither help: All which I humbly submit to all honourable, charitable, and religious considerations, which God guide for his own Glory, and their own good. Amen.   

Postscript.  
I Hear I am charged with using other heads than mine own in these my poor labours. Truly I cite my Autors as the only heads I dare trust to defend me & mine from the hands of their degenerate successors, & such others as (regarding their il-gotten wealth more than their souls) malign my endeavours in seeking to restore those springs that flow from my said autors (the pure heads thereof) to their proper Channels, & dismay such heads & hearts as might and would give me helps, or writ better themselves; so that all the helps I can get of them, is but to tell me, that they would not writ so plain as I do in this matter for thousands of pounds.  
Whereto I answer, they have so much to loose, and I but my life & labour, which for truth, and its plainness, I am ready to sacrifice to God's providence, which I found not careless of my protection, having raised me honourable friends without any merit or expectation of mine, but only of their own worthiness, amongst whom the right nobly minded, aswel as descended Gentleman William Steward of Loken Heath in the County of Suff Esq affecteth me for my affection in particular to himself, in general to all, heartneth me more than many to proceed in my work, not for its workmanship, but its meaning, not for its plausibility at present, but its possibility in future, not for its dictaste to angeltonged Lawyers, corrupt-lunged Gaolers, etc. whose exorbitances, not persons, are distasteful to him, & all good Christians; but for its seasonableness, timously to inform them to mend themselves speedily, or submit to be mended by more indiferent judgements; not for any profit that may thereby redound to him in private more than shall to all in public; not for any praise he desireth (w ●h I must witness he deserveth above many thousands) to himself; but for the glory of God, which he zealously lously intendeth in all his studies & actions, & honour of most worthily-honored personages (of his kindred and alliance) which he conceiveth will be much improved by their accumulating their merits in the accomplishment of this work of Reformation religiously begun, & indefatigably pursued by them, continually promised by others, universally expected by all (except those promisers that never meant to be performers) and particularly pointed at in this treatise, & my former, so far a humbly conceive necess●… for Law, & Officers need●… for the Commonwealth: For which vigeat, floreat, dure● shallbe my daily prayers. 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 Commonwealth.  
To the Kings most excellent Majesty.  
HUmbly show unto our Sovereign Lord the King, the Lords Spiritual & Temporal and Commons, in Parliament assembled, 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 sallagi● non concedendo, That ●… Tallage or Aid shall be laid ● levied by the King or his he●… in this Realm, without the good will and assent of the Archbishop's Bishops Earl● Barons, Knights, Burgesses and other the Freemen of the Commonalty of this Realm And by authority of Parliament holden in the five and twentieth year of the reign ●… King Edward the third, it is declared & enacted, That from henceforth no person should be compelled to make any Loans to the King against his will, because such Loans were against reason, and the Franchise of the Land. And by other Laws of this Realm it is provided, that none should be charged by any 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 inherited this Freedom, That they should not be compelled to contribute to any Tax, Tallage, Aid, or other like Charge, not set by common consent in Parliament.  
Yet nevertheless of late, divers Commissions directed to sundry Commissioners in several Counties, with instructions have issued; by means your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them upon their refusal so to do, have had an Oath administered unto them, not warrantable by the Laws or Statutes of this Realm, & have been constrained to become bound to make appearance, and give attendance before your Privy Council, and in other places; and others of them have been therefore imprisoned, confined, and sundry other ways molested an disquieted. And divers other charges have been laid and levied upon your people in several Counties, by Lord Lieutenants, Deputy-Lieutenants, Commissioners in Musters, justices of Peace, And others, by Command and Direction from your Majesty, or your Privy Council, 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 be taken or imprisoned, or be disseised of his Free hold, or Liberties, or his free Customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful judgement of his Peers, or by the Law of the Land.  
And in the eight & twentieth year of the reign of King Edward the third it was declared and enacted by authority of Parliament, that no man of what estate or condition that he be, should be put out of Land or Tenements, nor taken nor imprisoned, nor disherited 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 any cause shown: and when for their deliverance they were brought before your justices by your Majesty's Writs of Habeas corpus, there to undergo and receive as the court should order their keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your Privie-Councel, and yet were returned back to several prisons, without being charged with any thing to which they might make answer according to the Law.  
And whereas of late great Companies of Soldiers and Mariners, have been dispersed into divers Counties of the Realm, and the inhabitants, against their wills, 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 authority 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 be 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 aught to be 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 kind soever, is exempted from the proceed to be used, and punishments to be inflicted by the Laws & Statues of this your Realm: Nevertheless, of late time divers Commissions ●nder your Majesty's great seal have issued forth by which certain persons have been assigned & appointed Commissioners, with power and untority to proceed within the land, according to the justice of Martial Law against such Soldiers or Mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage, or misdemeanour whatsoever, and by such summary course & order, as is agreeable to Martial Law, and as is used in Armies in time of War, to proceed to the trial and condemnation of such offenders, and them to cause to be executed, and put to death, according to the Law Martial.  
By pretext whereof some of your Majesty's Subjects have been by some 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 aught to have been judged and executed.  
And also sundry grievous offenders by colour 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 Officers and ministers of justice have unjustly refused, or forborn to proceed against such offenders, according to the same Laws and Statutes, upon pretence that the said offenders were punishable only by Martial law, and by authority of such Commissions as aforesaid. Which Commissions, and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm.  
They do therefore humbly pray your most excellent Majesty, that no man hereafter be compelled to make or yield any Gift, Loan, Benevolence, Tax, or such like Charge, without common consent by Act of Parliament. And that none be called to make answer or take such Oath, or to give attendance, or be confined, or otherwise molested, or disquieted, concerning the same, or for refusal thereof. And that no Freeman, in any such manner as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your people may not be so burdened in time to come. And that the foresaid Commissions for proceeding by Martial Law, may be revoked and annulled; And that hereafter no Commissions of like nature may issue forth to any person or persons whatsoever, to be executed, as aforesaid, jest by colour of them any of your Majesty's Subjects be destroyed, or put to death, contrary to the Laws and franchise of the Land.  
All which they most humbly pray, of your most Excellent Majesty, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Majesty would also vouchsafe to declare that the Awards, do, and proceed to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example. And that your Majesty would be also graciously pleased, for the further comfort and safety of your people, to declare your Royal will and pleasure, That in the things aforesaid, all your Officers and Ministers shall serve you, according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the prosperity of this Kingdom.   
Which Petition being read, the second of June, 1628. the Kings Answer was thus delivered unto it.  

THe King willeth, that Right be done, according to the Laws and Customs of the Realm; And, that the Statutes be put in due Execution, that His Subjects may have no cause to complain of any wrong, or oppressions, contrary to their just Rights and Liberties: To the preservation whereof, He holds Himself in conscience aswel obliged, as of his Prerogative.   
But this Answer not giving satisfaction, the King was again petitioned unto, that he would give a full and satisfactory Answer to their Petition in full Parliament.  
Whereupon the King in person, upon the seventh of June, made this second ANSWER.  

My Lords and Gentlemen!  
THe answer I have already given you, was made with so good deliberation, and approved by the judgements of so many wise men, that I could not have imagined, but that it should have given you full satisfaction; but to avoid all ambiguous interpretations, and to show 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 than causing the Petition to be distinctly read by the Clerk of the Crown, The Clerk of the Parliament read the Kings Answer thereto in these words, 
Let Right b●… done as desired.  Soit droit fait come est desire.  
Which being done, the King in Person said thus,  

THis I am sure is full; yet no more than 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 Maxim is, That the People's Liberty strengthen's the King's Prerogative, and that the King's Prerogative, is to defend the people's Liberties.  
Ye see now, how ready I have showed myself to satisfy your Demands, so that I have done my part; Wherhfore if this Parliament have not a happy Conclusion, the sin is yours, I am free of it.   
AND On the last day of the Session; 
June 26. 1628.  His MAJESTY'S Speech to both Houses, Before His Royal assent to the Bills, was this.  

My Lords and Gentlemen!  
IT may seem strange that I come so suddenly to end this Session: therefore before I give my assent to the Bills, I will tell you the Cause, though I must avow that I owe an account of my Actions to none but God alone. It is known to every one, that a while ago the House of Commons gave me a Remonstrance; how acceptable every man may judge; & for the merit of it, I will not call that in question, for I am sure no wise man can justify it.  
Now since I am certainly informed that a second Remonstrance is preparing for me, to take away my profit of Tonnage and Poundage (one of the chiefest maintenances of the Crown) by alleging that I have given away my right thereof, by my Answer to your Petition.  
This is so prejudicial unto me, that I am forced to end this Session some few hours before I meant it, being willing not to receive any more Remonstrances, to which I I must give a harsh answer.  
And since I see that even the House of Commons gins already to make false Constructions of what I granted in your Petition, jest it be worse interpreted in the Country, I will now make a Declaration concerning the true intent thereof.  
There Profession of both Houses, in the time of hammering this Petition, was no ways to trench upon my Prerogative, saying, They had neither intention nor power to hurt it.  
Therefore it must needs be conceived, that I have granted no new, but only confirmed the ancient Liberties of my Subjects: Yet to show the cleverness 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 done, whereby men had some cause to suspect the Liberty of the Subjects to be trenched upon (which indeed was the first and true ground of the Petition) shall not hereafter be drawn into Example for your prejudice: And in time to come (in the word of a King) you shall not have the like cause 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 me to grant.  
To conclude, I command you all that are here, to take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition: But especially you, my Lords, the judges, for to you only, under me, belongs the interpretation of Laws; for none of the Houses of Parliament, joint 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 be read in the Act, Entitled, An Act for the declaring unlawful and voided the late proceed touching Shipmoney, 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 Majesty, and the Lords and Commons in this present Parliament assembled, and by the authority of the same, That the said Charge imposed upon the Subject for the providing and furnishing of Ships, commonly called Shipmoney, and the said extrajudicial opinion of the said justices and Barons, and the said Writs and every 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 & are contrary to and against the Laws and Statutes of this Realm, the Right of Propertie, the liberty of the Subjects, former Resolutions in Parliament, and the Petition of Right made in the third year of the Reign of his Majesty, that now is. And it is further declared, and enacted by the Authority aforesaid, That all and every the Particulars prayed or desired in the said Petition of Right, shall from henceforth be put in Execution accordingly, and shallbe firmly and strictly holden and observed, as in the some Petition they are prayed and expressed.  
Observe that the greater part of justices and Barons, used to direct Writs and Agreements, & give their Opinions and judgements contrary to and against the Laws and Statutes of this Realm, the Right of Property, and the liberty 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 public mischiefs?   
FINIS.   

JURORS JUDGES OF LAW and FACT: Or, certain Observations of certain differences in points of Law between a certain reverend Judge, called Andr. Horn, and an uncertain Author of a certain Paper, printed by one Francis Neale this year 1650. styled, A Letter of due Censure and Redargution to Lievt. Col. JOHN LILBURN, touching his Trial at Guild-Hall, London, in Octob. 1649. subscribed H.P.  
Written by JOHN JONES, Gent.  
Not for any vindication of Mr. Lilburn against any injury which the said Author doth him, who can best vindicate himself by due course of Law; if not rather leave it to God whose right it is to revenge the wrongs of his servants. Nor of myself, but of what I have written much contrary to the Tenants of this Letter; and for the Confirmation of the free People of England, that regard their liberty, property, and birthright, to believe and stand to the truth that I have written, so far as they shall find it ratified by the laws of God and this Land; And to beware of Flatterers that endeavour to seduce them under colour of good counsel, to betray their Freedoms to perpetual slavery.  
Hostis vera dicens amico ad gratiam simulanti omnino praeponendus est:  Eus. 
An Enemy speaking truth, is to be always preferred before a flattering Friend.  
London, Printed by W.D. for T.B. & G.M. at the three Bibles in Paul's churchyard, near the west end   

To the POLITIQUE BODY, And Unanimous Fraternity of the ARMY of ENGLAND; Officers and Soldiers, jointly and severally.  
Honoured and Honourable: Commanders and Commanded: Wise and Prudent: Grave and Valiant: Seniors and Juniors: Soldiers all: Unknown to most, Cherished by some, engaged to many; I presume to writ to you all, concerning what most concerneth us all: To Honour God: To love his Children: and hate, and quell his enemies, are his own Commandments: And although the two first be the greatest, yet is the third none of the lest duties required of us all, as appeareth by that account given by David saying, Psal. 139.21. & 22. Vers. speaking to God, Do not I hate them that hate thee? And am not I grieved with those that rise up against thee? I hate them with a perfect hatred, and count them my enemies. And the affliction of Saul for sparing Agag, was a full example to us in that case. Nay, an Heathen could tell Charislaus King of Sparta, he did not his office when he forbore to punish dishonest men. I confess, you have fought a good Fight, and declared your selus constant workers in the way of our Reformation, in our Land of Promise: promised by many, performed by none, endeavoured by too few. And I also acknowledge that you are now upon service conducing in order to secure & maintain the model to be perfected in time, from which expedition I desire not to divert you, (as I have written formerly to his Excellency the Lord General) but to give you to understand you have left behind you more pestiferous, dangerous, obnoxious, manifest, sedulous, and constant enemies to God, your Country, your selus, and us all, than you have or can have, before you, unless that for sparing those at home unpunished, as you might before you went, God will raise afflictions against you abroad, to make you mind your error before you return; And let you know Achan and his Wedg must be discovered, and he and his Family punished at home, before you can expect prosperity abroad, for it is usual with God to sand foreign Correctors to punish the Magistrates of his People that neglect the punishment of their domestic wickedness. Many were our Achans, even most of our Lawyers and Judges, that in the late King's time Sacrilegiously, and daily by secret briberies, and open extortions, exhausted the treasure of the people, even the whole estates, real and personal, of many thousands of the freemen of England, consecrated to the said freemen, and established upon them even by God himself, and his than Viceroy's, and the great Charter of England, attesting their agreement thereupon. And this to be done (saith the Lord Cook sometimes Chief-Justice) under the Colour of Justice, is the greatest kind of Injustice, and the cunningest Robbery that can be in the World. And do none of you know that we have still such as do the same? in comparison of which and whom, Achan was but a sole, silly, filching thief; and his single Wedg, but a poor trifling theft, nothing valuable to the lest share of the meanest undertaker for draining Lincolnshire Fens, and that is nothing in respect of the constant draining of the purses of the rest of that County, which also is nothing in respect of the rest of all England and Wales, more perfectly and constantly drained by the Artists of Westminster, than any Fen is or can be by Mr. Henly, and his partners. Nay, the extorted Fees for Habeas Corpus' from the King's Bench and Fleet, yearly amount to a richer Wedg than Achans, which was no more than he could carry to his Tent of the spoil of Jericho. Lesle loss to the Israelites that were at liberty to fight for more, than what is daily and hourly carried by many of the price of starvelings bread, to the several Chambers of several Westminster Judges; so lossfull to hungry Prisoners, that many thousands of them loose their lives by that means, before they can procure their liberty to speak with their Creditors. Have we not had more men lost so in dungeons in England and Wales, wrongfully imprisoned and murdered by Judges and Gaolers, than you have lost in the field, hurt by the hands of your enemies? And were not too many of those (so lost under the hands of Gaolers and dooms of Judges) soldiers that returned safe from the mouths of Cannons, and the Swords of enemies, whose widows and fatherless children cry to men in vain for Justice and relief in this case? And shall not God hear the cry of the poor, and of the blood of so many Abel's? when men will not? I beseech you lay these things to your hearts, and consider in time; And let it not be said that any of you accept bribes of Lawyers, to dispense with their bribing, extorting and murdering of whom and as many as they please of your Friends, kindred and Country men, whose case another day may be your own, if you timely prevent it not. Some do inform you that they are beneficial men unto you; those are falls counsellors, for what can they give unto you, but what is none of their own? Nay more, but what is your own? forfeited and adjudged unto you amongst the rest of the Commonwealth, and so confessed even by their own mouths, (as I have written and proved formerly) be therefore pleased to make your selus Masters of your own whiles it is in your power, or expect it shall be told you the Virgin's Lamp is out. If your present engagement will not permit any of you to see this done, cease not to solicit his Excellency to writ to the House, to desire them to put out of their assembly all mercenary professors of Law that poison their Counsel, not lesle than their predecessors did the King, making them to do the same things which they condemned in him; to the more grief of the People, that were promised Reformation, and are paid in more and worse deformation of their Laws and Liberties than they were before: witness amongst many more abuses, the Fen Project of Lincolnshire, etc. condemned in the late King, yet supported by more Malignant Royalists than in respect of Justice, he himself could be any, who are Judges, Parties and partners of the prey made by themselves of other men's Rights, of whose service and affections, both Parliament and Army have had no lesle experience, than of their defects and delinquencies: And move his Excellency to desire the House further to command the keepers of the great Seal to issue forthwith Commissions of Oyer and Terminer (as by Law they aught to all parties grieved, that shall demand them, directed to such Commissioners as the grieved parties shall nominat, to inquire hear and determine the extortions, oppressions and misdemeanours of Sheriffs, under Sheriffs, Gaolers, and other Officers subject to popular offence. And lastly, to desire the said House to pass an Act for the settling of the Law hereafter (in that plainness, shortness and cheapness) as hath been often desired in divers Petitions of Londoners and others and by my last Letter to his Excellency, bearing date about the beginning of this Month, according to the propositions of 12 heads of Law there enclosed which I understand in Scotland were delivered to his Excellency's hands: So God himself shall bless you and your Actions, and the people present and future, and even your selus and your Children have cause to rejoice in your work, and be thankful to God and your industry for so great a favour. So shall  
Your Faithful servant John Jones. From my Lodging at Mr. Mundays house in Clarkenwel, this 29. of July, 1650.   

JURORS JUDGES OF Law and Fact:  
SIR!  
HAving casually met with and perused your printed paper, styled, A Letter of due Censure and Redargution to Lieutenant Colonel John Lilburne, touching his Trial at Guild-Hall London: in October last 1649. I could not choose but take hold of your first Lines, wherein you say God's strict Injunction obliges us all to reprove sin wheresoever we find it. And thereupon I must tell you, that whatsoever you find in Mr. Lilburne, I can find in you not lesle than sin against God, whose name you abominably abuse, to reprove truth, and call good evil, and evil good: against Mr. Lilburne, whom you make but your Instrument to play upon, while you wound others through his sides, yea, even those most, whom you flatter most: Against the true and Ordinary Judges of the Land, the Jurors, whose verdict is the effectual Judgement whereby all men are judged by their Peers, aswell for their Lives as Lands, without which Judgement, the Law of England cannot be Lawfully executed: And generally against all the Free People of this Commonwealth, whom you endeavour to blind and enslave by your sophistry unto usurped Authorities, persuading (as much as in you lieth) all your Countrymen to submit, and give away their Lives, their birthrights, Liberties, and Freedoms (for the preservation whereof all their just Laws, and Civil Wars, and especially this last, were made) to the insatiable Tyranny of their encroaching Impostors, as shall appear following, viz. Page 3d, of your Letter (or rather Libel) in the second head of those things for which you say Mr. Lilburne is liable to reproof, you tell him he laid hold of divers shifting Cavils, and shuffling exceptions in Law, which were only fit to waste time, and procure trouble to the Court; Sir! if Law alloweth Exceptions, called delatories, and lawful Traverses as well in Pleas for Land as for Life; as you may find it doth and aught in Mr. Horn's Book called the Mirror of Justice, written by him in French in Edward the First his time, as you may observe in the Margin of the 6th page thereof, and excellently translated into English lately by William Heughes Esquire, a discreet and learned Lawyer living in Gray's Inn, of which kind of Exceptions, some be Pleas for Actions and Appeals, the Precedents whereof are briefly and diversely, according to the diversity of their causes, natures, and uses, demonstrated unto you in the said Book, from p. 129. to p. 143. and thence to 146. are Exceptions, or Pleas to Indictments; the summary reason of all which is not as you call it, to waste time, and to procure trouble to Courts, but to bestow time as it can be not better bestowed (especially in Cases of life) than to search out the truth of every Cause, that men's lives be not rashly lost, which cannot be recovered if condemned and executed, how be it, wrongfully, or carelessly: so, that to be careful, circumspect, and well advised in a Court is not to trouble it, for it is its duty to be exercised as it is significantly derived à Curando; that is, a Court of Care, or Cure, Indifferently either, or rather both, as it is Ordained Care to be troubled to hear and determine the Cares and troubles of all men within its verge, for Controversies of Law, (that vex & trouble an whole hundred of Friends and neighbours to see but two of them undo themselves in suits at Law, or kill one another) with Care to examine them truly, and to Judge them justly; And likewise to cure the Malady of the Consciences, or at lest the intemperance of the Litigious spirits of Plaintiffs and Defendants, by ending their differences (as may be most available for their Peace, and the Commonwealth. And as it is the duty of a Court to be troubled to end troubles, so saith Mr. Horn p. 58. not to accuse any for matters of Crime and Life, though a known offender, learning of Christ in the Case of Magdalen: Nor to countenance Bloody Accusers, but to mol●fie their Rigour, as Christ did in the same Case; for Judges that represent God, and should imitate his mercy as well as his Justice, aught not to desire the death of a sinner, but rather that he may return from his wickedness, and live; and Conveniens homini est hominem servare voluptas: Et meliùs nullâ quaeritur Arte favour. Nothing more Convenient for Man, or acceptable to God, than to save Penitents, whom he came not to destroy, but to call to Repentance: Nor is it the part of a Judge (as in p. 66. of my said Author) to condemn one for the same, or the like offence, as the Judge knoweth himself guilty of. And therefore Exceptions are lawful, to the Power of a Judge, as in p. 133. to his person; as in p. 135. and to his condition, as in p. 59 And those that are granted to be lawful to be propounded against his Power p. 133. are the same in substance, which you say Mr. Lilburne made use of, & yet call them shifting cavils, & shuffling exceptions, & reprove him for using them in defence of his life. I pray compare them together, & than consider what and whom you reprove; & you can not choose but find that for the matter, it is not a shifting cavil, or shuffling exception, but the solid fundamental Law of England, affirmed by all men that truly understand it, to be most Consentaneous of all Laws, to the Law of God; And for the Persons, it is not only Mr. Lilburne that desired thereby to preserve or prolong his life, but all the sage makers, & religious observers thereof, whereby you persuade all your Countrymen present & future, to disesteem such exceptions (even to save their lives) and consequently to cast themselves away upon the wills, and hast of Commissarie Judges, who may be the only, or chief Accusers, or Adversaries the Party questioned for his life can have; which for any such Party to do, were to be more than mad, and even the Author of his own death, and of God's Wrath upon his soul, which if he so wilfully loose, what is it to him to gain a world in lieu thereof? And why do you (more falsely than Caiphas that told one truth in his life unknown to himself) offer to persuade us to become willing to sacrifice ourselves one after another, to the lying bloody constructions of that General, and true Position Salus Populi, etc. The Health of the Nation; is the chiefest Law; which you vaunt to be the empress of all your Maxims, whilst you construe it to the destruction of the Nation (as they are very sensible thereof,) and make it only healthy to rotten Commissary Judges, and corrupt Lawyers, whom you make the sole Judges thereof; for what Christian can be so senseless as to believ, or conceiv, that the sacrificing of any one man in that manner only, for the suspicion (perhaps of no more than the Judge that finds himself most guilty of the Cause) as of b●ing more able than another to raise or 'cause War against us; can avail us: For Sir! God delighteth not in bloody and dead sacrifices, but in our humble, penitent, and lively Prayers, who are, or aught to be his living sacrifices; And he that is as well the Lord of Hosts, as the God of Peace, is our loving Father, and he will hear us when we call upon him in his Son's Name, and open his gate of mercy unto us when we knock as we aught, and whatsoever good we ask him in that name, he will not only give it us, but moreover strengthen us as he did Jacob, to wrestle with himself, and to overcome his Anger, which an Heathen could understand and say: Flectitur iratus voce rogante Deus: God's Anger stoopeth to his Childrens Prayers: And none but he can raise any war against them; nor will he further than their sins deserve his punishment; and so far; Is there any evil in Israel, but it is he that doth it? What do you therefore but show yourself diffident of his merciful omnipotence, and rob him of his Glory, when you attribute his power to man, to make War or Peace, and make yourself wiser than he, when you think to prevent his will by your policy? and stronger than he, if you could destroy whom he would save? And therefore (saith Melancton) Men are but fools Vincula cùm tendunt imposuisse Jovi: when they suppose they can Chain the Deity. And who can but see, that if it be granted you, that every free man of England, whom you, or a Commissary Judge, or any other, as bad, shall suspect, or be pleased to accuse for suspicion, of what you think good to invent, you may accuse whom you will, and hung whom you list, and leave none to live, but at Lawyer's discretion, whilst the truth is, that so far as any one man or more of any kind of men, whatsoever, can be called or accounted raisers or causers of War in England, the Lord Cook, Mr. Horn, and other found Lawyers tell you they ever were, and will be corrupt and mercenary Lawyers, that cell, delay, and deny Justice, and the benefit of the great Charter of England to the People thereof; the due punishment of whom, & of all Sycophants that soothe them up in their Errors, would be Salus Populi; for they are a considerable Army that have overpowered us these 500 years, Hyperprelaticall Spirits; Domineering Nimrods'; Undermining pioneers, (so that what was said of Rome since the Popish Prelacy ruled it, may be said of England since Lawyers overswayed it, viz. Servierant tibi Anglia priùs domini dominorum, servis servorum nunc miseranda subes. O thou that wert the Lady of Lords, art the Slave of Slaves.) And a subtle and viperous generation that add Policy to their Power, to gnaw their Mother's bowels, and use to make dissensions and Factions between even their own Brethrens, to make work for themselves to reconcile them, or most commonly by the strength of the weakest, to destroy the strongest, till they be able to Master both, and by right seldom, and wrong constantly, to make and keep themselves rich, whosoever be poor, to accuse and condemn all their superiors for tyranny, to make way for themselves to be the only superviving supreme Tyrants, and complete Dionysians. The only Monopolizers of Law, to cell, delay, and deny Justice to the Free Men of England their Slaves, at their wills and pleasures in their Congregational Exchange Westminster Hall. And whereas you say those shifting cavils & shuffling exceptions which Mr. Lilburne made use of, to waste time, and procure trouble to the Court, were far from making any defence for him: I pray you what defence could he desire thereby but to save his life? And was not that done by the Verdict of a Jury, that heard what he said for himself, received all the Evidences that were given against him, and were Charged and sworn to give their Verdict according to their Evidence: was not that Verdict confirmed and ratified by the right Honourable the Council of State, by the assent of the most Honourable and Supreme Court of Parliament? without which either by an implicit general Warrant, or a special Express: no man can be so mad as to think they would enlarge him? was not this as Full and fair a Trial as Mr. Lilburne could wish, or any man (Questioned for Treason) had these 100 years, or since Juries, (that understood Law not better than you) were content to be baffled by Commissary Judges, and give what Verdict they pleased, as well for men's lives as their lands: did not his Exceptions and plead (whatever you call them) come near enough (how ever the Court liked them) to make him a sufficient defence in that matter? doth it not follow, that by your said saying, you make yourself a naked liar? and can so apparent a liar be a Creditable reprover of sin? the Devil he can as soon: doth it not further follow, that Mr. Lilburne hath his Action of the Case against you, for questioning him for the same offence that he is acquitted of by so due a Course of Law? Doth it not moreover follow, that by traducing that Verdict and acquittal, you consequently traduce, not only the Jury, but also the Council of State, and the Parliament that Confirmed the same as aforesaid? And are not you therefore liable, not only to the several Actions of every Juror, but also of Scandalum magnatum? But what need you care, you are too cunning for them all, in Concealing your name at large from them whom you slander at large, and sand your Book to them with a sine me Liber ibis in urbem; so that they know not when, where, or how to find you out by that uncertain notion, or mark of H. P. Which for any thing I know, may signify some Soapstuff, as well as any man's name; but take heed lest John smell you out, and contemperate you in his Compounds for some simple corrasive ingredient which he useth (not to any intent of malice, but to eat of some of your proud flesh, and not to destroy any sound part in you, as you say in the title of your Book you use your reproof to him) to make a special kind of soap to wash the brains of such Orators as persuade men to become such fools, as to make no use of Lawful exceptions against their Judges (especially Commissaries) to save their lives: and the tongues of such Sycophants as under pretence of reproving the meanest, and weakest sort of sinners; approve, and improve the greatest and strongest kind of Murderers, Traitors, Perjurers, etc. viz. Commissary Judges in general, in their practice at large. But more to the matter, where you say in your 5th head, in the same 3d page of your Libel: The 5th thing you say deserveth a keen reproof of all honest men, was Mr. Lilburnes assailing the sincerity of his Jury: and page 21. you say he promoted his 12. men, etc. and caused them to employ their new given Jurisdiction, only to the advantage of the giver. Truly Sir! I must confess, that if Mr. Lilburne assailed the sincerity of his Jury, he was to blame: but I cannot found by any thing you prove, that he did so, for the Clamour of the People (who were not his disciples as you belie them and him too) were not in his power to stop, more than in yours, or mine, had we been there; for if they would not obey the Crier of the Court, they would not have obeyed us more than him, who desired (as he needed) rather to be heard, than disturbed, and distracted with Clamours. And for his blandishments to his Jury, good Language became him to give, and them to receiv, but not such adulations as you give all Commissary Judges: And to use all the lawful means he could to inform them, and all his Auditors that knew him not, nor his innocence in that Cause, and merit in others; and thereby to prolong his life in the Land which the Lord his God hath given him, and to keep himself a living sacrifice to, and for his God, until it please his Deity to call him to his mercy by the Ordinary way of common death, or to inspire him to fight again in his Master's Battle and Country's service: whereby he may dye an extraordinary death, more to his Master's glory, and his own honour, than by casting away his life (to become a dead sacrifice to the malice of men, whether Commissary Judges, such as you pled for; or other flattering Sycophants, such as you make yourself) I conceiv to be no fault in Mr. Lilburne. In the next place, where you say Mr. Lilburne promoted his 12 men to a new Jurisdiction; I am sure, that is another Lie of yours, for you may read in the Lord Cooks Institutions upon the 35 Chapter of Magna Carta: That County Courts, Court Barons, Sheriffs-Turnies, and Leets, were in use before King Alphreds time; In all which Courts the Jurors were the Judges, & their than untraversable Verdicts were the Judgements in all Causes: And Sheriffs and Stewards, who were the King's Commissary Judges in their Turnies, and Leets, as now they are the States, were, and still are but the suitors Clerks in Counties, Hundreds and Court Barons, to enter their Judgements, and do execution thereupon by themselves and their Bailiffs, as public servants, or Ministers of common Justice to their Jurors, and the rest of the Common Wealth: See Mr. Kitchen Fo. 43. yet were they as absolute Commissary Judges by virtue of their Writs, when they have them for matters above 4 s. as the Judges at Westminster ever were, or can be by their Commissions: And all Common Pleas between Party and Party (and the King, Queen, and Prince were accounted but Parties as other Plaintiffs and defendants in such Pleas) were holden in the County Court from Month to Month, until for the ease of the People, especially husbandmen to follow their business; The King with their assents divided the view of Frank pledge from the Sheriff who by all the People's assent in Parliament 9 Ed. 2● was to be thence forth assigned by the Chancellor, the King's Commissiary Judge in his Turnies, (called before the Kings own Turnies) to see Justice done from County to County; And all the free pledges of every County together, once every 7. years, which is since to be done by Sheriffs twice yearly) and gave them to Lords of Manors, so, that their Tenants and Resiants should have the same Justice in their Leets and Court Barons, as they had in the Sheriff's turnies and County Courts at their own doors without any charge, or loss of time? And for the same reason (saith the Lord Cook in the same place) Hundreds were divided from Sheriffs, viz. that none should be troubled further, or out of their Lord's Court at all, at which Courts (saith Mr. Horn p. 7.) Justice was so done, that every one so judged his neighbour by such Judgement as none could elsewhere receiv in the like cases, until such time as the Customs of the Realm were put in writing. And as the County Courts, Hundred Courts, and Court Barons were of one Jurisdiction, so were Turnies, and Leets, and so all of them are, and aught to be still; therefore you must consider that there be three sorts of Jurisdictions, viz. Sovereign; assigned, and ordinary: of these you may read in the Mirror? p. 7. in these words, viz. It was assented unto, that these things following should belong to Kings, and the right of the Crown, viz. Sovereign Jurisdiction, etc. which is now fixed in the Keepers of the Liberties of England, by virtue whereof among other things all Writs, Commissions, warrants, Commitments, & Liberates or discharges run in their names as they did in the Kings, so that none are Imprisonable, or dischargable, but in their names; consider therefore again that this assent was the People's, whereby Kings, (who before, and without this assent, were not Kings, but ordinary men, that could have but ordinary Jurisdiction as others) had Sovereign Jurisdiction, as now the Keepers of the Liberties of England have by the Authority of Parliament, which is the Representative of the People, given them by the People with a reservation of their ordinary jurisdiction, viz. reserved in, by, and unto them in King Edward 1 his time, and ever before and since; by reason also of which sovereign and Royal Jurisdiction, as you may further read Mirror, p. 287. Kings were called and counted (as now the Keepers of the Liberties of England aught to be) fountains of Justice, and ordained because they could not be always every where themselves, as Moses did by Jethroes Council, Institute Captains over hundreds, Fifties, etc. and now the Keepers of the Liberties of England do, and must ordain Commissary Judges, viz. Commissioners or Judges, by their Commissions or Writs to supply their presence, and do their office in their stead, which in Courts, is but to give their assents to the verdicts, which are the judgements of Freemen upon their Peers, whereby those Judgements being so completed, the executions thereof did do, and must run in the name of the Sovereign Jurisdiction of the State; And so justice may be administered in all places, in their personal absence, who are to be accounted present in their Commissaries, who no more than their Masters can be counted judges of the people, because parties against them, and so made and named in, and by all Indictments, Writs, etc. as aforesaid. Observe again, that Commissary judges, being ordained by their Masters to do justice; if they fail of so doing by their partiality, wilfulness, or any other consideration, as Pilate (who was Caesar's Commissary) and others did (whom you aptly compare to some of them) than they have no jurisdiction, or ordination at all, so that they may be disgracefully, and that lawfully pulled, and thrown out of their abused places: but in civility and respect of their Masters may be better forborn, and referred to their Censures. And what is dissenting, or not assenting to jurors verdicts, but a denial, which is more than a failer of justice, for the speeding whereof they must have no negative voice: for ordinary jurisdiction that was the supreme i● that gave the Sovereign (which is superior to every singular person) to Kings, (as now to the Keepers of the Liberties of England) is still the superlative jurisdiction beyond all comparison, that can be inferior to no authority, but Gods, that gave it to his people, to his Children, not to be given by them, to any above them in their generality, but himself, from whom they have received, and to whom they must restore themseus and all that is theirs, but to be contrived, and substitued by them unto the worthiest men amongst them, to be employed for and under them, as they might find most convenient for their worldly peace and subordinate government; to which end they deputed Kings, as now the Parliament hath done Keepers of the Liberties of England, reserving so much of their ancient ordinary jurisdiction to free men, that none but such may be jurors, and none but such may be their judges for their lives, lands, and estates: And therefore as the Keepers of our Liberties are subordinate to the Parliament, so are their Commissaries to them, and both in their judgements, to the verdicts of the jurors, which is their true saying of the whole matter, as well for Law, as Fact; and so is the full judgement of it, both in Law and effect, wanting only the assent of the Sovereign jurisdiction, which is the only party supposed to be against the party guilty, or so reputed, and hath that Majesty (or if well considered, that vassalage) given unto it, as to do, or command to be done Execution; which, if the hangman refuse upon the Sheriff's command, the Sheriff himself must do; and if he refuse, or neglect, the Commissary judge must, for as there is a Writ de procedendo ad judicium, and an Alias, plures; and Attachment to compel him to give his judgement, or, more properly, his assent (as aforesaid) to the Juries verdict: So that if he delay, deny, or fail to do, or cause Execution to be done, there is another Writ de executione Judicii, and an Alias, Plur ', and Attachment upon that, to be had against him; whereupon, if a Commissary judge must be Attached for not giving his assent, (commonly called his judgement) to a verdict for Felony, etc. or having given his judgement to the verdict, shall deny or delay execution, except in special things hereafter touched, let him not only be an hangman for his Fellows, but be hanged himself; for such was King Alfreds judgement in all Cases of injustice in his Commissary justices, as you may read in the Mirror from p. 239. to p. 245. when he hanged 44 of them in one year. But it is observable how Commissary Judges for Gaol deliveries do now a days use in the conclusion of their judgements upon Felons; convicted by juries' verdicts, and their assents, to command Sheriffs to see execution, and so to end their Sessions; and get themselves gone out of that County with all expedition, and let the Sheriff and his hangman agreed as they can bargain, for doing the execution, while the Commissary imposter proceedeth in his Circuit, attributing all that he findeth the people conceiv to be injustice, to the Sheriff, or jury, or both, but calling all judgements and proceed (that are pleasing to the people throughout his perambulation and the Ambit thereof, even the Cirquit itself,) his own; because the people assented to such Commissions, as the devil doth the world his own, because God gave him leave to compass it; And as proud are such Lords justices of their Lordships in a kind, as he can be of his; yet in right aught to be accounted but servants to their Masters, as he to his. And therefore whereas you say p. 24. though the verdict be given in upon the whole matter, and so enclose Law as well as Fact, yet the binding force of the verdict as to matter of Law, may be derived from the sanction of the Judges, not from the jurisdiction of the Inquest: And it may well be supposed that the jurors may err in a matter of Law, in which case the judges must altar the erroneous verdict by a contrary judgement, and that judgement questionless shall nullify the erroneous verdict, not the erroneous verdict the judgement; whereby it plainly appears, That in a verdict upon the whole matter, there is no new jurisdiction acquired by the jurors in matter of Law, nor left to the judges; sorasmuch as the judgement stands good, and obligeth not as it is rendered by the jurors, but as it is confirmed by the judges. Can a Man that would seem so Cornucopiously learned and wise as you do, be such a fool, as to make such a medley of nonsense; surely should you but tell such a confused story in one of the Inns of Chancery, the puniest Attorney there would hiss you out of his mooting School. What error can be in the substance of a true saying, but in the form there may, and that the judges and the Clerks assume to be their office to make in Latin, and such is the form, and Latin they usually make thereof, that every word, or second are commonly erroneous, and that of purpose for themselves, to make work for themselves, by spinning the Cause in suits and vain plead, sometimes to seven years' time, that might have been begun and ended in a day, and by beggering both parties to enrich themselves by damnable Fees and extortions, all that while? Can the verdict which is the true saying of 12. Men upon the whole matter of Law and Fact, be altered by a contrary judgement, (as you expressly say you can) but that must be falls and an untrue saying, for what can be contrary to a true saying, but a falls? And which of them aught to be altered? you say the verdict. Whereupon let all men judge whether you are not a plain liar therein, but suppose (since you go by suppositions) that the saying of the jurors is not true, and therefore no verdict, such as judges receive, or rather arrest, and cause to be given them for verdicts by jurors impanniled by Sheriffs, by judge's directions for that purpose. Can the Confirmation of a Commissary judge, by his judgement make that good? It's a Maxim in Law, that what is naught in the foundation, can never be made good by Confirmation: but I confess many an honest man is hanged by such supposed verdicts, and devilish judgements. Can such Lies be called verdicts, or such judgements be called true, more than you can be called a just reprover, or a due Censurer, that reprove truth, and justify lying? Can the Devil be a worse Censurer or Reprover? What judgement (mean you) stands good in Mr. Lilburnes Case, who had no judgement at all passed upon him, but that verdict that saved him, and the assent of the Council of State, and Parliament that confirmed it? And what verdict or judgement do you find fault with in all your Book over but that? Surely you were in a frenzy when you wove this stuff not so good as Linsey Woolsey; but if you would know what should be done, in case a Jury should give in an untrue saying, in stead of a verdict? (that being made to appear to a Commissary Judge by the Party grieved, or his Council learned to be undeniably true; such a seeming verdict, in case of life, or land of , is traversable; as also any verdict made defective, informed by Lawyers as aforesaid, and thereby sounding defective in matter, and so counted erroneous by them that made it for that purpose, to linger the matter for their own gain, as you may read in Mr. Horns Mirror, as aforesaid, and in the Statutes of 41. Edward 3. fol. 5. and 6. of Henry 7. and 19 Henry the eight. Howbeit for bloodshed in Leets there is no traverse; because the fact is a manifest wrong, and if laid upon a wrong person, he may have his Attaint against the Jury, and recover triple damages, by the verdict of 24 better Jurors; which remedy every party wronged by any Jury hath besides his Traverse. And in case of life, which may be lost (by the malice or ignorance of some Juries purposely returned by some Sheriffs for their own ends) if executed according to their saying, and is never recoverable by Law: The Commissary judge upon true information and proof thereof, and not otherwise, aught to stay judgement, or execution, or both, until he can likewise inform the Keepers of England's Liberties of the truth of the Cause, and repriev the Prisoner until their pardon or Tolerance be obtained for him, as was want in the King's time in like cases, so, that afterwards the Prisoner may have his Attaint as he aught against such a jury, whose judgement is terrible enough for example to others, and sufficiently satisfactory to the Party, viz. to repair his wrong, and pay him triple damages: To forfeit their lands and goods to the Lord of the Fee; to have their houses demolished; their woods rooted; their bodies imprisoned during their lives: And jurors aught to try Attaints without Fee Ex officio, as you may read in the Mirror, p. 64. And so let so much serve in this place to inform you that the jurisdiction of jurors is to be judges and Verdictors of all controversies given them in charge upon their Oaths, as well for matter of Law as Fact; and as ancient as, and more permanent than Commissary judges; for when Commissary judges had abused their places, so that they were beaten out of them, and Civil Wars therefore grew between Kings and people before Magna Charta: and since, until the said second agreement made between Ed. 1. and them, whereby Coroners and Sheriffs were reordained (for they had been ordained before, as appeareth by Magna Charta, and long before that) to defend the Country when they were dismissed of their guards, etc. for till than guards continued for the breach of Magna Charta, begun by Hugh de Burgo's means, and than Captains and Leiutenants became Sheriffs, Coroners, etc. and Sentinels, Bailiffs, etc. But always the Free men judged their neighbours constantly; And therefore Mr. Lilburn neither did, nor could give his jurors any new jurisdiction, nor promote them to any preferment more than of right they had, (as you most falsely and maliciously, however ignorantly accuse him, and abuse both him and them to introduce the rest of your untruths which follow, for next you say, that thereby you perceiv his Levelling Philosophy is, that judges because they understand Law, are to be degraded, and made servants to the jurors; but the jurors because they understand no Law, are to be mounted aloft, where they are to administer Law, to the whole Kingdom: the judges because they are commonly gentlemen by birth, and have had honourable education, are to be exposed to scorn; but the Jurors, because they be commonly mechanic, bred up illiteratly to handy Crafts, are to be placed at the Helm, and consequently Learning, and gentle extractions, because they have been in esteem in all Nations from the beginning of the world till now, must be debased, but ignorance, and sordid births must ascend the Chair, and be lifted up to the eminentest Offices, and places of power; Cobblers must now practise Physic in stead of Doctors, Tradesmen must get into Pulpits, instead of Divines, and Ploughmen must ride to Sessions instead of justices of Peace. Sir, I shall not meddle with Mr. Lilburns Philosophy, but shall conceiv it more reasonable, and therefore more tolerable than your sophistry, seeing it appeareth by your own setting forth, his endeavour was not to degrade Judges because they understood Law, but to inform them better, because he conceived they understood not Law in his Case, till they would be pleased to be better instructed by his learned Council, which (as he alleged divers precedents for) might have been as Lawfully allowed him, as those that had them, for (as saith Mr. Horn 65 p. they are both necessary and allowable to such Clients, as understand not Law themselves. And for none so necessary as for their lives I think) neither doth it appear to be his purpose to make Judges servants to Jurors, because they understood no Law, but to remember them to be servants to their own Masters, to give their assent to the judgement of Jurors that he conceived did understand Law: And what wonder were it that these men, who by themselves and their predecessors did put the Laws of England (that had been in the English tongue intelligible to all men whom it concerned) into uncoth Giberish of their own making, should understand their own contrivance better than others who do understand Latin, French, Greek and Hebrew, better than most professors of Law do, and English as well: What subversion of the Law can be more than so to translate it, that those whom it most concerneth, can neither understand it, nor be excused by their ignorance in not understanding it, and so make it their net (whose liberty it should be) and all to the end, that those whom it concerneth lest, or not at all, may elevate themselves by means of so unlawful and prestigiatory, and illiberal an Act, (nothing so harmless▪ nor so free and cheap as Canting), from little or nothing to greatness, from Lourdeyness to Lords: And what can the subversion of the Law (especially such a subversion) be lesle than treason against all the English Nation? But truly Sir! if Mr. Lilburn should desire that judges should be exposed to scorn, because commonly Gentlemen by birth, and honourably educated, I know none that will agreed with him in that, nor can I believ it to be his desire, that is known himself to be a Gentleman born, honourably extracted, Civilly bred, martially disciplined, and very rationally endowed beyond the capacities of ordinary Lawyers. For learned, virtuous, and upright Judges howsoever born or bred, are to be honoured for their virtue, because Honos est virtutis praemium, Honour is the reward of virtue, and the better their births, and educations be, the more fair and fortunate are their Ornaments: but Quamvis Caesareos enumeratis Avos: though descended of Caesar, and educated in his Court: They are not all of Israel that are of Isaac: And golden Calus are not to be adored. And if corrupt and vitions, you say Gods strict injunction obligeth us all to reprov sin wheresoever we find it: behold how you contradict yourself, when you would have all judges, because wel-born, because well bred (though as wicked as Pilate or Caiaphas, as you say elsewhere) to be honoured by all men: And yet you would have sin to be reproved by all men wheresoever they find it oportet mendacem esse memorem: recover yourself by some distinction, or reason of policy, or else you are fallen deep: Tend manus Solomon, etc. I remember you say Jehojada did forbear Athalia until he gained more ability, and better opportunity to accomplish his desires against her; I conceiv than you would have none to reprov Judges but yourself; nor will you, till you have more advantage of them than you have yet; so the respite you give, is but till you have more advantage against them; not unlike that jesuitical tenet, which Ignatius never taught his Disciples, but they learned it of his Master the devil: And therefore let the King of Spain take heed of it, for the Pope and they wait but opportunity to swallow his Catholic Majesty into his holiness bowels, when they preach one vicar in earth for one God in heaven: And let Judges take heed of your flattery which they may discern by your obligation, to reprove sin wheresoever you find it; and by your forbearance to reprove Judges (though never so sinful) until you get opportunity, and by your aptness to fall down and worship them, all without distinction of good or bad; when some of them know themselves not worthier to be worshipped than he that our Saviour bade get behind him. And what shall they be the better for your reproof, if they die before they have it? when you aught to speak, de mortuis nil nisi bonum; nothing but good of the dead; therefore Paul more graciously reproved Peter to his face, when and where he found him faulty. As for Jurors placing at the Helm because mechanic, etc. you touch not Mr. Lilburn for his Jurors (as all others in London aught to be) were impanneled by the Sheriffs of London, or their secondaries, who knew them to be honest lawful men, such as their precept required, and had the Judges any cause to suspect, refuse, or change them, they had done by them all, or ten at lest as they did by one of them, take in others for them: And you say that Mr. Lilburn excepted against them all, and desired to be tried by a Jury of Surrey, where he lived when the Fact was supposed to be committed, (and if by him, likeliest to have been there) where a Jury might be had of no mechanics, but God, who (as you say elsewhere, and that truly, as the devil, to be believed in more, useth to tell some truths) is present in all Courts, was really, though not visibly present there, and had fore-ordained better for his servant, than he knew how to desire; A Jury of Mechanics, whose persons or Estates I know not, but their carriage and Resolution in that matter declare them knowing and understanding Men, Confirmed in their Verdict, first by God himself than doubtlessly not only present in the Court, but in their hearts and consciences: And afterwards by the Council of State by assent of Parliament: A Precedent for Jurors, and a memorable example of undantable, immovable, conscientious Judges of life and death, for the present, and all future ages to imitate: yet traduced by you, and in them God himself the Author of the work, and the State, and their Council Cooperaters therein. And no mervel for all that, since you cannot be content to calumniate all that had a hand in the matter, but also the generality of all the constant Inhabitants of all Cities and Corporations in England and Wales, of whom not one in a Million, ever knew Mr. Lilburn, or heard of his Cause, all Mechanics: For what Trade, or mystery of Merchandise can be, but hath its original from some handicraft? What Merchant so easy or careless, but sometimes useth the help of his own hand, or servants to measure, or weigh his commodities, for which he ventureth his life, or others, and his Estate to boot, to fetch them from the Indieses, and why should he scorn to put his finger to retail them to his customers by true weights and measures? And so I conceiv writing is but an handi-craft taught a Lawyer before mooting, and necessary to be used by him when he is a Judge, whose (duty as the Lord Cook upon the 29 chapped. of Magna Charta saith, is, decernere per Legem quid sit justum: to discern what is just by the rule of Law; and so to make the Law his rule, his line, his measure, his weight, his yard and balance, which (saith the same Author in the same place) is called Right itself, And Common Law; because it judgeth common Right, by a right line, which is the Judge of itself and its obliqne. And in another since (saith he) the Law is called Right, because it is the best Birthright the Subject hath, whereby his goods, lands, Wife, Children, body, honour and estimation are protected from injuries, and so a better Inheritance cometh to every one of us by the Law, than by our Parents: but when appropriated by Lawyers to their own construction and benefit, how is it to be called common Law?) and when a Commissary Judge like Pluto's Radamanth, maketh his will his Rule and line, and thereby squaretth and measureth the Law as he pleaseth, and as Virgil describeth him: Grosius hic Radamanthus habet durisima regna, etc. Castigátque Auditque dolo, subigitque fateri leges fixit precio atque refixit, etc. First he punisheth, than he heareth, and compelleth to confess, and so maketh and marreth Laws as he pleaseth for his profit: such are the Commissaries I desire to reprov, and you to flatter: but I wish them to observe Crysippus his Picture of Justice described in a Latin Dialogue thus, viz. 
Quae Dea? Justitia: at quid torva lumina flectis?  
Nes ia sum flecti, nec moveor pretio.  
Vnde genus? Coelo. Qui te genuere Parents?  
Mî Modus est genitor, clara fides Genitrix  
Aurium aperta tibi cur altera, & altera clausa est?  
una patet justis, altera surda malis.  
Cur gladium tua dextra gerit? Cur laeva bilances?  
Ponderat haec causas, percutit illa reos.  
Cur sola incedis? quia copia rara bonorum est;  
Haec referunt paucos secula Fabritios'.  
Paupere cur Cultu? Semper justissimus esse,  
Qui cupit, immensas nemo parabit opes.  Englished by me thus. 
What Goddess art thou? Justice: why so stern?  
No force shall make me bow; nor brible me yearn.  
Whence sprung? from heaven. What parents gave thee breath?  
Indifference was my Father; Mother, Faith.  
Why open'st one ear, shutt'st the other still?  
One hears the good, the other's deaf to ill.  
Why right hand sworded? scald the left appears?  
One weighs the Cause, the other cuts guilts ears.  
Why art alone? because few good there be;  
Scant one Fabritius in this age we see.  
Why poor in Robe? because who would be just,  
No vast estate or Wardrobe purchase must.   
But I observe that as the meanest handicrafts man, when he groweth rich, turns Merchant, that he may live Lazier, and gain more by buying and selling merchantable Commodities, than by his labour, yea, and the craftiest Merchant of all; or as lately the poorest Scholars being attained unto Wealth, became Bishops by the same means, and for the same reason; yea, and the precisest formalist of all, so the simplest mooter in the Inns of Chancery, being being passed his Apprenticeship, admitted to the bar, and but botching Jorneyman in the trade of Law, furnished with money friends and fortune, proceedeth Sergeant at Law, and ascendeth some Chair, or Bench of Judicature in a day, and declareth himself presently the Pragmaticalest Judge of all, yet but a Commissary Judge, such as you extol in the general, and I except against in some particulars, as for making the Law a mercenary trade, or a merchantable commodity, which aught to be free and liberal to all men; and in assuming a Mastership therein, whereas he is and aught to be but a servant to the Commonwealth; yea, even a Clerk (though you seem to repined at it) to say Amen, viz. to pronounce his Master's assent to the verdicts of Jurors who by their ordinary jurisdiction are the absolute Judges of their Country, as before is proved. Yet shall I be content to follow your Follies a little further for your better satisfaction touching Mechanics, who buy and cell but what are vendible and merchantable wares, and lawful for them so to do, which if by unreasonable pennyworths, their reasonable Customers may take or leave as their occasion requires, and reason guides them: whilst Lawyer's Clients must buy such Law as they can find, at such rates as they can get at Westminster, or perish in their Causes: different from those times, when Mr. Horn, and others tell you, they had better brought to their own doors with little charge, and lesle pains: and when to see it so administered and executed by Sheriffs, Recorders, and other Country and City Judges, that were the King's Commissaries in their respective places, and derived their Commissions and authorities as well as any at Westminster ever did, or can, from the same fountain, viz Kings and people, so that (as the Lord Cook saith) Omnis derivata potestas habet eandem jurisdictionem cum primitiuâ: their jurisdictions were the same within their precincts, as the Kings at large; yet Kings went along with their Commissaries, or rather Deputies, for their own Bench, from County to County, once every seven years, to oversee, and examine how Justice was distributed to their Subjects, and to give their Royal assents to the verdicts of Juries which were not assented unto by the ordinary Country Commissaries since the last Size: which Commissioners therefore only, and not the Country in general, (as now to Assizes, nisi prius, and Gaol deliveries) or so much as the Jurors were called, or troubled to bring in any account of what they had done since the last Eire, but those Commissary Officers only for that they had not done were charged to bring in their Records, whereupon such verdicts as were found unassented unto and completed by them, might be assented unto and perfected by the King himself, or his Commissary Judge, or deputy, called his chief Justice of his own Bench; or by the Justices in Eire, who went sometimes without the King, or any of his Justices, who when and where they came, had the prerogative of all Courts during their stay, which was but for short Sessions) & gave forth process of execution upon them, and meddled not with any mors Causes, but only within his verge, by the verdicts of jurors inhabiting within the compass, as you may read in the Mirror, Lambert and others at large. And why now all must come to Westminster four times yearly; and no cause, whether over or under 40 s. can be ended in any part of the Kingdom but there; for if under á Mutuatus shall lift it over, and all under colour of that Chapter of Magna Charta, which saith Common Pleas shall not follow the King's Court (as his Bench, Chancery, and his Exchequer than did and ever might) but shall be kept in a certain place; which came to be Westminster-Hall since it was the King's pleasure to have that Court (which was their prerogative superindendent Court of Common Pleas, viz. for Appeals in such Pleas, by such as found themselves grieved by partialities or delays of their Country Commissaries, unto that Court) kept in their own Hall, of their than dwelling Mansion, as it continued until White-Hall came into the hands of King Henry 8. by Cardinal Woolsey his delinquency, which (pleasing him better) he made his Court; and gave not only Westminster-Hall, but also all the Palace of Westminster (that his Ancestors from Rufus to him, contented themselves to devil in) to be the Consistories of all his Courts, when he found it chargeable to remove them, though he and his successors gained lest by them. But now no King being, no Court that depended upon his Person, or his deputies, or Commissaries, in respect of their prerogative Judicature reputed transcendent remedies for some transcendent Injuries committed and suffered amongst the people, can be necessary, because triennial or more frequent Parliaments, and special Commissions of Oyer and Terminer to be granted them, when and as their Causes require, may better supply them and with more speed and Justice, and lesle charge and expense finish their Causes at or near their homes, than all, or any the Courts at Westminster ever did or could. But if the Keepers of England's Liberty be pleased to have any one or more Courts, or Judges to be superintendents above all others, besides Parliaments, and special Oyers and Terminers, Than they are to be desired, to be also pleased to allow, and pay them sufficient Wages at their own cost, and not the peoples, as Kings did when their Commissary Judges were to have of never so many Parties in one Cause, but 12d to be divided amongst them, and that after the end of the suit, and not before: And a Pleader (though a Sergeant at Law) was sworn to pled as well as he could for his Master (now called his Client, and counted his servant) and to abuse the Court with no falls, or more dilatory than necessary Pleas, And was to have for every such Plea pleading, but six pencel; and for his salary or Wages, for his attendance in every Cause from first to last, beginning to end, as the Court should think fit, considering the greatness of the Cause, and merit of the Pleader, etc. as you may read in the Mirror, p. 64. Now to return to your Mechanics, commonly (as you say) brought up illiterate: surely it cannot be unknown to you, that there are most commonly as many (if not more) Masters of Art in London that use Trades and handicrafts as practise Law at Westminster, and completer Retoritians, Logicians, Musicians, Arithmetitians, Geometricians, Astronomers and Physicians, all which are the several liberal sciences, and the very encyclopedy and summary of all good and necessary Arts and learning: How than do you make it your consequence, that if all Commissary Judges be not adored as you would have them; all learning and gentle extraction must be debased, but ignorant and sordid birth must ascend to the Chair? as if there were no learning but in Pedlars French and Law-Latin, the very disguises of the Law, which hath no such need of them, as a foul face of a Mask, or an hangman of a Vizard; but contrariwise, much necessary to be rid of those Curtains, which hid both the beautiful Shape, and material substance of it, from us, that it may appear (even to our understandings) more gloriously, more learnedly in plain English, than in that Canting more obnoxious than that of beggars, which would but cheat us of necessaries to sustain their lives; whilst Law-Canters cheat both us, and them, of all our livelihoods and liberties, to surfeit themselves with superfluities; by making us all starvelings, pined with that extreme of wants, the want of Justice: for put the case that those hotchpotch French, and Quelquechose Latin were banished, and the Law rendered in English (as Scriptures are which were hidden from us by Prelates, as our Law by Lawyers) would not all learning, and argumentations in Law be as necessary for the continual preservation of men's lives and estates, and therefore continued in English as Sermons in Pulptis, and disputes in Schools and Universities, requisite for the salvation of our souls are? Nay would not Schoolmasters (to read and teach the Law in common Schools) beas necessary in London, as Students in the Inns of Court, or Chancery, or as such have been (as you may read in the Lord Cooks Preamble upon Magna Charta) and did read upon Magna Charta, when it was read twice yearly in Churches, and 4 times yearly until full Counties, until the same King that assented to the making, and was sworn to the observing of Magna Charta, in the 9 year of his Reign, by the advice of his Chief Justice Hugh d'Burgo (whose advice and his followers ever led Kings to ruin, and Subjects to hazards) by his special Writ in the 19 year of his Reign, prohibited the said public reading, and teaching, (as you may read in the same place.) Did not the Eunuch understand the Language he read, yet wanted Philip to interpret the meaning? And did not God sand Philip to that end? So no doubt (although the Law be Englished) the most part of English people will be Eunuches in their understanding of it so fully as they aught, until, and but whilst there be Philip's to expound it? for it is too great a Study for men otherwise employed, to be expert in; to resolve Causes which you call Intricate, As you would make it for Cobblers to dilucidate texts, which many call hard Scriptures: And who can doubt it to be Gods special gift and vocation in Law to some, to be just and learned Lawyers, as to others to be sincere and Orthodox Divines, while the world shall consist of bodies necessary to be regulated, as of souls to be disciplined. And than for your gentle extractions, may not they be as they were ever want (since Marriages were ordained in Heaven, may not a Judge bestow his daughter upon a Citizen, and a Citizen his upon a Judge, or an Earl, (as we have seen usual): but by your allegation that there is a general disesteem of gentry more now than from the beginning of the World, which Mr. Lilburn can be no cause of: It is manifest you charge the present Government as faulty for suffering such a disesteem to be among the people, wherein you do but traduce and wrong the State, that neither desire, nor countenance any such thing, but when gentry (for the most part) grows degenerate, and nobility debaseth itself, Corruptio unius est generatio alterius: when Lords turn Boors and simplicians, let Clowns turn Lords and Politicians; And let him that will carp at the Vicissitude of things, which divine providence hath ordained, blame neither State in general, nor persons in particular, but conceiv rather, that Ablatâ Causâ tollitur effectus; when virtue faileth, the honour followeth; when God took his holy Spirit from Saul, both Spirit and Majesty were transferred to David in a larger measure; and thereupon be you further answered by an Heathen: Tempora mutantur, et nos mutamur in illis: Times are changed, and we therein: By whom, is manifest; but how, and when, are Arcana Dei: Forbidden secrets, imputable by such as suffer therein, to their sins; and therefore you show yourself in this point, not an Altar Cato, but an Altercator: not a wise man but a wrangler: Whilst you might observe further, that God never took his holy Spirit from whom he gave it, but for their abusing, or not using that power which accompanied it, as they aught, whereby they provoked him, as when he said: It repenteth me that I have set up Saul to be King: 1 Sam 15.11. When Saul spared Agag, and his fat Oxen, etc. which God commanded to be destroyed: So when England's Kings and Lords made wrong use of their Judicature and power which he and his people had given them; was it not time for God himself, to justify himself and his people? When they and their subordinate Judges connived together with such men as God described by his Prophet Jeremiah to be his enemies, saying: Among my people are found wicked men, they lay wait, as he that setteth snares, they set a trap, they oath men, and as a Cage is full of birds, so are their houses full of deceits, therefore they are become great and waxed rich; they are waxen fat, they shine; ye, they overpass the deeds of the wicked, they Judge not the Cause of the Fatherless, yet they prospero; and the right of the needy do they not Judge: shall I not visit for these things (saith the Lord)? shall not my soul be avenged upon such a generation as this? Jer. 5. v. 26. were there ever in Israel such waylayers, snare-setters, trap-setters, & men-catchers, as were the Scribes & Pharises, who concealed the law (which God made for his people) from his people & assumed the exposition thereof to be proper to themselves only, and thereby snared, trapped, and caught the people as they pleased; made way for themselves to become great, rich, fat and shine; which exposition was but of their own natural language, which their Countrymen understood, or might as well as they, yet our Saviour called them a generation of vipers, etc. that laid heavy yokes upon their brethrens, etc. Did not our Judges and Attorneys in England exceed them, that not only concealed the Laws of God, and this Land, made for this people, from this people? though partly published in English (as our Statute Laws are) whereof nevertheless they assume the exposition to themselves; howbeit rational Englishmen may understand them as well as they; but also barbarized that part of our Law which is called, and aught to be common, so that they have made it proper to themselves only, because no other linguist (howsoever learned) can understand it, but only they that made it such for that purpose, whereby they snare, and trap all men as they list, and their Legion Gaolers, Catchpoles, setters, etc. (who glory even in those names, and are rich by those means) catch, and imprison all Debtors, and most of them to death, contrary to all Law, but what they made and procured against Magna Charta, and maintain (though repealed) against the Petition of Right, and above 20. Statutes, all Confirmations of Magna Charta. Do the Judges of England, judge the Cause of the Fatherless? the Orphans of London can tell you no. Do they judge the right of the needy? the Widows, the Fatherless, and all that sue in formâ pauperis, nay they that beg, rob, and steal to boot, with those that starv for need, can tell you no. And shall not God be as good as his word? Shall not his soul be avenged upon this generation? yea, no doubt, and therefore Judgement began at the House of the Lord, which King, Lords and Bishops, that parted the people's spoils, neglected Achan and his Wedg; made all covetous gripers more griping, Regis ad exemplum; and all men more offenders because the greatest most thrived, and were never punished. Therefore Kings, Lords, etc. whose extractions for Gentry were ever esteemed best; And many Bishops well descended, laying aside their virtues, who shall blame God for laying their honour in the dust? but let all that love the present State, and Government of England, wish the Keepers of the Liberty thereof, take heed in time they do not the same things themselves, they have condemned in others, of whose punishments God hath made them his Instruments; for we are sure that the Judgement of God is according to truth, against them which commit such things; 2. Rom. 2. Let them not overpass the deeds of the wicked, by not punishing them which they find to be such, yea, and especially the wickedest of them, even such as none can be so wicked; Judges that persevere in injustice, who by suffering such offenders, become not only the committers of their offences, but superlative offenders, whom God hath none above them to correct, but himself, which he therefore usually doth, by raising Wars against them, and enemies unto them, as well of their own Nation, nay their own Children, as others; and as well Insideators of their ways to, and at their doors, and assacinates in their houses, as adversaries in the Field. And as for yourself Sir, may not we say of you, as Jeremy said of some in his time: A Wonderful and horrible thing is committed in the Land, that Prophets Prophesy falsely, etc. For what do you else when you say, you are obliged, as all men are, to reprov sin wheresoever you find it, and yet you justify and magnify such Judges as the true Prophet reproveth. Take heed therefore how you use your tertiam Linguam (as Walterfensis calls it) which by lying and slandering, either by way of adulation, as you do the Judges, or detraction, as you do Mr. Lilburn: the party that so doth, abuseth three persons at once, viz. the Speaker, the hearer, and he that is spoken of: And such tongues (saith the same Author) had the Prophets that were slain; Doeg, that was rejected, and Saul that slew himself: And such tongues St. Bernard calls triplicit, for the same reason; and saith, that such Sycophants as use them, have the Devil in their tongues, and Auditors in their ears, and a consenter in their hearts. And for sordid births (except I knew yours) I know not what to say to you; but suppose the tree may be known by the fruit, and well do I know, that as London, and other Cities, ever had Mechanics of as great and noble extractions, as England yielded, so the Barrs at Westminster ever hitherto had long-roabed men of as promiscuous originals, as humanity afforded: And of London births at this present, there be virtuous and honourable Chair-men at Westminster, as e converso, there be of Judges sons, hopeful Apprentices in London. Where you find Cobblers in Pulpits, it is because the Divines are out. And where you say Ploughmen ride to Sessions instead of Justices of Peace; there can be no Sessions without both, viz. Knights or Esquires to be Justices, and Blow men, (which are the best kind of free men in England) to be Jurors. And as Jurors are there, and elsewhere the more real Judges, so is their calling far ancienter, for sokmen were long before Justices of Peace in England; And soccage was ever a better tenure than Esucage, or Knight's service. But a Justice of Peace, and a Ploughman do well together, not only in Quarter-sessions, but in constant households; and the eminentest, best extracted Knights and Esquires, as they have ever been the best housekeepers, so they have been the bountifulest cherishers and countenancers of their Ploughmen in their most necessary calling for the World's sustenance: and have not scorned to put their hands to their own blows, as Kings, and Lords have vouchsafed their names, and associations to their Subjects, in their trades and handicrafts, to countenance, commerce and traffic.  
So not finding any more of your Pamphlet necessary for me to answer, as this much was, for my reason given you in the title page thereof. I bid you hearty farewell.  
From my lodging in Mr. Mondays house upon Clerkenwell-Green, July 1650.  
FINIS.   

THE CRY OF BLOOD: OR, A Confutation of those Thirteen Reasons of the Felicers at Westminster, for the maintenance of their illegal Capias for Debt. By which is discovered the great benefit and freedom that will accrue to the people of the Common wealth by the reformation of that destructive Law.  Luk. 11.46. 
Woe unto you lawyers, for ye lad men with burdens grievous to be borne, etc.  
Bianca Joht Jones of Neyath in Com Brecon. Gent.  
LONDON, Printed for Thomas Matthewes, at the Cock in St. Paul's Churchyard. 1653.   

To his Excellence OLIVER CROMWELL, Lord General of the puissant Army of the PARLIAMENT of ENGLAND.  
Renowned Sir!  
AS your Command is general, so are your cares, troubles, sufferings, actions and endeavours all general, for the general good of this Nation in general: Nor is the case and number of the Prisoners for Debt in England and Wales, for whom you have been, and are a solicitous, although yet improsperous mediator to the House of Parliament so small a particular, but that as the prudent King Philip of Macedon, who accounted his body but small to the rest of his endowments, and knew● it to be mortal, desired to be daily remembered he was mortal, to the end he should not more glory in what he had well done, than persevere in well-doing, and finishing his wel-begun enterprises; that so he might immortalise his fame, and illustrate the faculties of his immortal virtues, that posterity might speak of him, not like Pythagorists of their master, ipse dixit, but ipse fecit; nay more, ipse perfecit. I hope likewise your Excellence will not be offended with me one of the heartiest, though of the meanest of your Honour's wellwishers, to mind you of the neglected miseries of the said prisoners now, more than ever, likelier to be continued and increased than relieved, or abated by the generation of Lawyers overswaying the mildeness of those Parliament Members that have long promised you to be merciful to such Prisoners, and to hasten their enlargement out of their wrongful imprisonments; which, if you see performed, as hereafter is desired, will be an action of no lesle Divinity than Charity, and no less profit than Honour to yourself in particular, and the Commonwealth in general. The Officers in Law have lately presented the Parliament with 13. Reason's 〈◊〉 the maintenance of Arrests and Imprisonment for Debt, contrary to Magna Charta, and the Petition of Right, as I have oftsoons proved elsewhere, and repugnant even to Reason itself, as I have here following farther declared in answer to their said Reasons in the Prisoner's behalf; in which, and whose names I likewise humbly dedicated the same to your Honour, with a copy of the said Reasons hereunto first annexed as it came to my hands, and next an answer to their preamble: and afterwards particular answers to their particular Ratiocinations: and lastly, the Prisoner's humble Petition to your Honour; all which I could not have ready before Colonel Pride's departure (whom God prospero in your Service, and the Commonwealth's, whose welfare he preferreth above all worldly ends) but have now presumed to sand them unto you; beseeching your Honour that your Lieutenant General, Colonel Fleetwood, (a man of no lesle worth than eminence) or some other like public spirit may act in this matter, and others of the like nature in your Honour's absence according to your directions, and the people's necessity from time to time, that no opportunity be loft, and more lives of Prisoners be saved, and your care thereof to the uttermost expessed.  
The Lord Precedent of the Council of State, and Col. Martin are conceived to be not lesle willing than able to procure such a Commission as the Petitioners desire, and Law would afford, if your Honour would be pleased to writ to them, which I humbly submit to your Honour's consideration.  
So wisheth your daily Orator, John Jones.   

REASONS for the continuance of the process of Arrests, for the good of the Commonwealth.  
THe proceed by way of Arrest at the King's Suit; and in all actions that were Quare vi & Armis, between the subjects, are as ancient as the Common Law of this Land; but the process for the people in other Actions, was Summons, Attachment, and distress, which Cours, as to recover Debts, did prove dilatory, and many times fruitless, to the great hindrance of Merchandise, and other Commerce in this Nation; and therefore former Parliaments did provide as appears by divers Statutes) the writ of Capias to an Arrest as a full remedy, and most necessary for this Commonwealth. 3 Rep. 12. 〈…〉 Herbert's Case. 52 Hen. 3. in Accomp. 1267.25 Edw. 3. c. 17. An. Dom. 1350.  
1. Because attaching the person doth secure the Petitioner's debt, either by present payment, or causing other satisfaction, which the proceed by summons do not; and as a man will give all for his life, so he will do much for his liberty.  
2. When men are detained upon the Arrest (which is but seldom, for few are arrested in comparison, and than) it is ordinarily but for a short time, until they have given security to answer the Action, or some warrant to appear.  
3. If men may not proceed by Arrest, it will much hinder Trade, and other deal; for men will not adventure to trust, where there is much liberty for the debtor to stand out; and Merchants, and Trades men many times look upon the Person as the best security, and the remedy by Arrest, the speediest to gain their debts; without which Trade will necessarily decay.  
4. The process to Arrest, doth end most suits before the Person be attached, and before appearance, as experience doth show; for when men will not regard a summons, they will take course before they will suffer an Arrest, 52 Hen. 3. cap. 23.  
5. Men will take occasion from the summons (as formerly they have done) to be gone from one Country to another, and to make away their estates, and though the Plaintiff know it, yet he cannot help himself, which the Arrest doth prevent: And the Lawmakers of this Land have ever held it more reasonable to provide for the satisfaction of the Creditor, than the liberty of the Debtor.  
6. England is an Island compassed with many Port Towns, where there are many Merchants, and men that go abroad, and trade by Sea, who buy wares upon Credit; there will be continual occasion of suits against divers persons of this sort, who will not much regard the summons, but will betake themselves, and their estates, to Sea again, and the Creditor can have no remedy; whereas if the parties may be Attached, they will make satisfaction.  
7. Whereas divers tradesmen subsist upon their Credits, and take up great sums of Money, for which they can give no other security than their persons, and by advantage thereof, many times attain to great estates; but if the process of arrest be taken away, they can hope not more to be entrusted, which apparently tends to their ruin.  
8. And that proceed by Arrest may not seem at all cruel, or unjust; we found both precedents, and approbation of the like, and greater severity in the Old and New Testament; as selling the Debtor, his wife and children, and all that he had to make payment, and of taking, and casting into prison for debt, until the utmost farthing were paid: And yet this course was not condemned amongst the Romans, (so much they loved Justice) nor by Christ himself in the New Testament, who bids agreed with thy adversary before thou come to the Judge: And God, who will have that which is right to be done among men, was very careful that his own people should pay their debts; and therefore if any were indebted, though they were poor, and could not pay, yet the Creditor might take the Debtor, and his Children to be his servants and bondmen; and might take their Garments from them, and the bedding whereon they did lie, from under them, which was a far greater punishment than our light Arrests; for the Prison, with us, is but a gage, or pledge, until the defendant take course to answer the Action. Mat. 5.25. Mat. 18.30. 2 Kings 4.7. Levit. 25.39. Prov. 20.16. Prov. 22.27.  
9 Men ordinarily begin Suits upon necessity, and Debtors generally are called upon before any suit is commenced: which indeed is in the nature of a summons; but yet neither this, nor the writ of summons doth drive men to take any course, until the process of Arrest issue forth, being more compulsory, and a more speedy remedy for the Creditor, than the mild, and gentle summons was found to be, (as appears by sundry Statutes, 19 Hen. 7. cap. 9) which are more provisional for the Creditor, who is always out of his money, than for the Debtor, who seldom well spent it, or hath care to repay it.  
10. And if by any new way, upon mere summons only, and default, Judgement shall be had before appearance, (which course the Law doth not countenance) than the grand pillar of our Common Law, the Trial by 12. Men (which the Law doth much honour and favour) will fall to the ground; for much business will rest wholly upon the Affidavid of a summoner, or the like, which will be a means to multiply suits, and is an unsure course, and will induce more perjury into this Nation, than our Law would ever before this time give an inlett unto: And therefore former Parliaments providing against delays by summons, did not give Judgement upon default, but found out a speedy remedy by Arrest to bring the Defendant to his answer.  
11. By the Law a Capias ad satisfaciendum, doth not lie, but where there is a Capias ad satisfaciendum first: and there is as great reason and equity for the Arrest to answer before Judgement, as for the Arrest to satisfy after Judgement, because the Capias ad respondend. doth compel the defendant to take notice of the action, to which he may pled, if he will, and doth secure him him that he shall not start, so that when the Capias ad satisfaciendum doth issue forth, there is left no colour of just exception for the defendant: but on the other side, if Judgement shall be entered upon a supposed summons, there will be many grievous complaints, and the succeeding evils will hardly be redressed; many will be undone, and suits will be multiplied.  
12. Experience doth show that the benefit of the process of Arrest hath been very great to this Common wealth: and all the Statutes have mentioned it from time to time, and have given a larger extent unto it, than before it had, and none have abridged it in any thing, which is now of great antiquity, having been for many Ages the best remedy (for the People to recover their Debts, and to compose other differences) that our Ancestors could device. Anno Dom. 1267, 1350.  
13. Lastlie, The subtlety and subterfuges of Debtors having made the process of Arrest now more necessary than formerly, there will be reason rather to add to the remedies provided for the Creditors in former Parliaments, than to diminish them: And if any inconveniency by this so necessary a course hap to the Debtor, yet will the taking it away prove more prejudicial to the Plaintiff, who is the party injured, and in reason his case to be preferred, and favoured.   

THE CRY of BLOOD.  
THE first part of this Preamble is far from the matter: We confess, Arrests by Capias, without Summons, for Treasons, Murders, Felonies, and Trespasses, done Vi & Armis, or Contra pacem, or Formam Statuti, as Extortions, and all Frauds, and Injustice, done under colour of Office and Justice, to be lawful, and as ancient as the Common Law of this Land; and more ancient too, because such offences were committed before the Laws were written, or made in those cases, or thought upon, upon, to punish the past, and prevent the future. By the Law, we know the sin that was before it; and by the due course of Law, the course of sin aught to be stayed or corrected. But what is this to a debtor, which groweth neither vi & Armis, nor contra Pacem, nor contra Formam Statuti? for recovery whereof, against able debtors, the Statute of Westminster 2. cap. 18. And the Common Law before that, provided remedies, the process, or proceed whereof were by summons, attachment & distress, (as our adversaries confess) which course, if Antiquity can meliorate, is far ancienter than the Capias for debt, which they make no elder than the repealed Statute that gave it, 25 Ed. 3.17. which the same King annulled the 3. and 17. years' next after, viz. 28. and 42. of his Reign. The delatoriness alleged in the course of Summons, is a deceitful information, and an untrue report made to the High Court of Parliament; which were it to an inferior Judicature, deserveth no lesle punishment, than the Informers, to be imprisoned a year, silenced for ever, and fined, and ransomed at the State's pleasure, Westm. 1. cap. 29.3 Ed. 1. For the truth is, there can be no speedier way devised, considering Actions of Debt by Common Law, and many Statutes, aught to be laid in the proper County wherein the Defendant dwelleth, and hath, or hath not wherewith to pay; where the Sheriff having his Justices, which is the only proper writ for debt, is a Commission to hold plea above forty shillings, and is to summon, attach, and distrein, and do execution according to the verdict of the Jury, if in an Hundred Court, in three weeks, allowing fifteen days, as Law requireth, between Process and Process; which three weeks between Court and Court, may fully afford, and that is no long delay, in comparison of what is usual at Westminster: or if in the County Court, three months, or twelv week's doth the same. But if the Action be laid in, or removed to the Common Pleas at Westminster, (which aught not to be done, or suffered, without injustice, or partiality, proved, not alleged in the Sheriff) they cannot determine the Action under three Terms, which is not the fault of the course of Summons, which requireth but fifteen days between Process and Process; but the fault (more than dilatory) of the course at Westminster, which requireth long Vacations between Term and Term, and removeth more Causes thither in one Term, or Vacation, than they can end in seven.  
And where they say, Summons are many times fruitless; that is never, except the Debtor hath nothing to be summoned by, & so aught not by any Christian Law, to be looked after, but with eyes of charity. And why Merchandise and Commerce in this Nation should be hindered for want of a Capias, to arrest and imprison non-solvents to death, cannot be truly demonstrated by any Christian reason, since all men know, that all other Nations as well Heathens, as Christians, who never admitted so impious a remedy to recover debts, as the Capias, find no hindrance of Trade or Commerce amongst them, but only the Trade of Lawyers and Liars, whereof the fewer make the better Commonwealth.  
That former Parliaments provided the Capias for debts, as a full and most necessary remedy for this Commonwealth; and that divers Statutes affirm so much, appeareth to be these man's additions to their former misinformations, and endeavours, to abuse this Honourable Parliament: For it was but one Statute that ever provided this Capias, and that is long since repealed as aforesaid, and so continueth by more than thirty three Parliaments and Statutes. Neither doth that Statute show any cause for its provision, making, being, or necessity of its continuance, or hath any Preamble at all (as all necessary Introductions of Law usually have) but pinneth itself to the Statute made for Accomptants, viz. Lords, Bailiffs, Rent-gatherers, and servants, that cheated their Masters of their rents, and moneys committed to their trust, to collect and account for, contrary to all Laws, Justice, Equity, Mercy, and common honesty; all which they falsified, and converted their Master's moneys to their own use; which to answer unto by due course of Law, they commonly durst not abide, for shame, more than for the debt, and therefore became Fugitives from their acquainance: so that the Capias was necessary to stay, and fetch them to account with their Masters. But this pin, or relating this Statute to that, seemeth to be (as Master Cook writeth thereof) the work of some corrupt Lawyers, Members of that Parliament, that passed it unexamined, except by a Committee, which they overruled; and that is in a few words, so huddled up amongst other things, as they might be as soon forgotten by the hearers, as read by the Impostors: which practise they have used for the unspeakable advantage in all Parliaments that trusted them; God bless this from the like, and grant it be not too late wished. Howsoever, that venerable Judge, and Author of the Mirror of Justice, pag. 283. ca 5. sect. 7. condemneth this Capias, and declareth it to be contrary to Law; and showeth reasons therefore, both there, and p. 108. where the Action for account is debated, and declared to be mixed, in regard of the trust and deceit of the Accountant, deserving therefore to be prosecuted so far, as to be forced to an account: but for the debt, more than he hath wherewith to satisfy, the Law requireth nothing of him that hath nothing; and giveth no recovery, nor other remedy than revenge, which God calleth his own. And both this Author, and the Lord Coke, in the Third part of his Institutes, agreed, that the acting and maintaining of things contrary to Law, as Law, or lawful, is a subversion of the Law, and that is no lesle than High Treason against this State and Commonwealth; which case is our adversaries, whom we hereby impeach thereof, and crave direction and assistance, to indict and prosecute them according to the known Laws in that behalf; So far as they may not loose the honour of their Antiquity, which they press so much for; and we confess, that for the mysteries of its craft, it hath exceeded the Sciences of all their Progenitors in their several faculties; for in the art of mencatching, there are of them many one, who exceed,  
1. Three Bum-Bailies, who by virtue of their Capias, can commonly catch but one by the poll at once, nor that without vi & Armis, and loss, or hazard of lives, by the fury of their passions, while our Chamber-Officer can make threescore Capises to catch five times threescore persons without any danger of his own, except by the wrath of God, which few of them ever feared, but are all emboldened by his patience, to attempt the catching of a whole Parliament of most wise Senators at once, to become subject in themselves, or their posterities, to this Purs-net, persuading them to father, and maintain this Bastard Capias, which knoweth no difference between a Parlamentman, and another, or between his friend and his foe.  
2. In the Art of Ambition, they exceed their Father the Devil, who did but attempt to be Lord of Hosts, whilst these men become Hosts of Lords, and still covet to enlarge their Dominions.  
3. In the Art of Murdering, they exceed their brother Cain, who killed but one Abel in all his life time, and for that one offence, had the curs of God upon him and his seed for ever; while these men daily murder many of their brethrens with falls Judgements, and solace themselves with Angels, defile their hands, and fill them with blood, yet would be heard in Parliament, when God telleth them he will not hear them, Isa. 1.15. and bids them fill up the measure of their Fathers, that upon them may come all the righteous blood of the Earth, from the blood of Abel, etc. Mat. 23.32.35. and Luke 11.50, 51. concluding v. 52. woe unto you Lawyers, for you have taken away the key of knowledge; you entered not in yourselves, and them that were entering in, you hindered: Which Scripture, we conceiv, may be fitly applied to our English Lawyers, who have taken away the English of our Laws, which was the key of our knowledge therein; And entered not into the truth thereof themselves; and them that would, they hindered, until this happy Parliament righted us in that, sore against their wills, and will as we hope, and they fear, further right and free us from their bondage, finding that now they have filled the measure of their Fathers, that upon them may come, and from them may be required all the righteous blood of prisoners for debt, from the blood of the first Freeman of England, imprisoned for that cause, to the blood of the last that shall perish in prison for the same.  
4. In the Art of Treason, they exceed Judas, who with one kiss, betrayed but one Master, to a death fore-ordeined by God's Providence, for the life of the world, except his desperate betrayer, and other unbeliever's children of perdition; while these men by their daily prevarication, and changing their notes, since they have deserted the Canonical Organs, and Psalmistical Harmonies, to the tune of the Organical Canons, shrill Trumpets, and rattling Drums, siding with the strongest Faction in Wars, as with the richest party in Peace, till they have betrayed three Commonwealths to manifold deaths, avoidable by the mercy of God, and Prayers of men, except these impenitents that harden themselves in their wickedness, do stir up others to second them of seditious and implacable spirits, sons of Belial.  
5. In the art of Impostors, they exceed the Pope, and Mahomet, who by their impostures endeavoured but to sergeant Christ's Miracles, and make those counterfeits sailable at high rates, thereby to disestimate his truth, and prefer their own inventions, and to eclipse his kingdom of grace, that they might ostentate themselves in too of Vain glory; whilst these men having disguised our Laws in Foreign languages, made them vendible to ourselves at their own prices, and thereby have subjected the seven liberal Sciences, and three free Kingdom's of several free Nations, to their unlimitable impudence, which being overruled for the language they intent to maintain, and augment in price and jurisdiction, and settle themselves in one tyrannical Monarchy, as arbitrary, as intolerable, and as slavish, as mercenary. And contrary to Magna Charta, and were ever since the Court called the Upper Bench, hath imposed its judicature in matters of Debt, and other Common Pleas, expressly forbidden them, and taken out of their jurisdiction; and both it, and the Common Pleas, impose their Judicature in cases of Tithes, expressly taken out of their jurisdiction by several Statutes, and given to the spiritual Courts, which (though now suppressed) their jurisdiction aught not to be resumed but by the Parliament, nor executed without an Act for that end.  
6. In the Art of Perjury; they infinitely exceed Peter, who forswore himself but once, and when he heard the Cock crow, went out from the Maid that urged him, wept bitterly, repent him of his sin, and resolved to do so not more: whilst these men forswear themselves daily; and when they hear their Pockets ring, go in to their Wenches, with whom they interchange deceitful embraces, and seem to laugh merrily, persevere in their wickedness, and implore a Parliament to countenance, and continued them in condition to do so still.  
7, 8, & 9 In the several Arts of Extortion. Bribing, and Prevarication, they exceed the notorious Judges, De'Burgo Tresilian, Bremble, Thorpe, etc. as well in their take, as in their numbers; for as those were few to their many, and Thorp's taking was but 100 l. from many hands; how many hundred pounds taketh one of them from one hand? we can witness too well, and others may compute by the increase of the price of an habeas Corpus, Error, etc. And the necessity of divers parties to make frequent uses those instruments, more to avoid Justice, than to desire it: whereby the prevarication, Ambodextership, and Legerdemain of these men daily appeareth more and more by their impairing of their Clients to improve themselves; many men of many thousands being brought suddenly to nothing, and most of them from nothing to many thousands per annum.  
10. In the Art of Commutation they exceed both Canonists, and Civilians, who commuted corporal penances to pecuniary, paiable out of personal estates, while these men change Treasons to trespasses, and Trespasses to treasons at their pleasure, and make debt guilty of death, surer, though sometimes slower than Treason, or Misdemeanour whatsoever, and man's estates as well real, as personal wholly their own.  
11. In the Art of Transformation they exceed Chameleons, who can be of any colour but white, expressed in Scripture to be the immaculate investiture of Angels: These men can seem of all colours to suit with all predominations, though never so divers, and all contraries, and turn the Law for all their turns, and arrogate most trust when they are most treacherous, and face themselves with the truth of Saints, when they are as falls as Devils.  
12. In the Art of Counterfeiting, they exceed both Alchemists, and Coiners, of whom the first sergeant, but Gold, and Silver, and turn more Gold to brass, and Silver to lead, than Copper to Gold, or Led to Silver: And the second Counterfeit, but Pictures, whilst these men sergeant Justice, Equity, and Laws, more concernable than Metals, to God and Man; and fix men's substances, more considerable than their pictures, upon themselves, and their heirs.  
13, & 14. In the Arts of Forgery, and Fraud, they exceed all Coiners of falls moneys, and Counterfeiters of Letters, and Tokens; whom, if they catch with such misdeameanors, they sometimes severely punish, and sometimes pass over slightly, or excuse artificially, as may most conduce to their profit, or concur with their practice, whilst they themselves make it a chief part of their office to forge the returns of Sheriffs and Coroners of several Writs, and to file them for true Records, and due proceed of Law; whereupon follow Judgements, Executions, and Imprisonments to many thousands, to their utter undoing and for want of summons, Attachments, and exigents duly executed, and returned by those Officers who never see them, yet are answerable by Law for those falls Returns made unknown to them, and the Forgers thereof, as of all other faudulent deeds which cannot be drawn, engrossed, antedated, and contrived advisely without them, or some of their Counsels, aught to be punished for the same, for which they are never questioned; but contracting the greatest Forgeries, wherein they are actors, pass for good deeds and online those trifles that want their skill, and privity, are made great, or dear offences.  
15. In the Art of Lying they exceed the men of Crect, and Chozeba, who (as is written, 1 Chron. 4.22.) were also Ancient, as these men would be accounted; for those but as Men and Heathens, lied but to men in human things, whilst these men, as Devils, lie unto God, and in contempt of his Divine Word, and Deity, as shall appear hereafter.  
16. In the art of Simony, they exceed Simon himself, who would have bought, for his money, the Gifts of the Holy Ghost, and intending the Apostles favour, purchased their indignation: whilst these men have, with their Monies, purchased their Offices, and all the said gifts of the Devil, to execute them, and by the same endeavour to acquire the favour of many other corrupt members, who (as we hope) shall not be suffered long to abuse the rest of this happy Parliament.  
17. and 18. In the arts of rapacity, and Tenacity, th●… Catchpoles and Gaolers exceed Lions, and Tigers, and their Gaols and Dungeons Heaven, and Hell, for Lions will favour their friends, and Tigers their neighbours. And Heaven will neither take, nor receiv, any but God's Elect; nor Hell any but Reprobates; but Catchpoles, Gaolers, and their Gaols catch, and receiv all men they can sue, and count all too few, and keep them in their paws, and caves, while they are worth a farthing.  
And thus having suppeditated their Proëm with eighteen descriptions of their properties that appropriate to themselves all our proprieties, and so supernumerated their 13 falls Reasons for the supportation of their innumerable falsities, we shall descend to sift those Reasons as followeth.  
1. The first is all falls; for the attaching of persons secureth no part of the Plaintiffs debts by payment, or other satisfaction, but commonly their debtors bodies to miserable deaths, and their estates from their heirs and creditors, to Lawyers and Officers: For the proceed by Summons, we have answered before. And for Prisoners that are able to give for their liberty ot their Gaolers, they have as much as they desire and pay for out of their creditors rights; and their own Fry, and not the Plaintiffs, or their heirs, have their Gaoler's leave.  
2. The second is like the first; for it is not a few, that are detained for debt, when Sir Jo. Lenthal hath in his custody or list one thousand persons; the Warden of the Fleet as many, the Gaols of London, Westminster, and Liberties adjoining, few lesle; and in the rest of all the Gaols of England and Wales, will be found many more. They that account so many few, declare their desire is to have all the Freemen of England and Wales (except themselves) in the same case; why? and with whom else do they make the comparison, but because they conceiv there are more persons out of prison, than in; their detention is not seldom, but frequent, and so are murders, and hurts, committed as well before, and at, as after arrests; by reason thereof, they are not detained for a short time, but ordinarily till death as aforesaid: Warrant of Attorney, if they need any Attorneys, they aught to give to whom they pleas, and not to whom any Court appointeth. And for appearance, no Freeman oweth it to any Court out of his Decenarie, Hundred, or County.  
3. The third is but a blockhead-ship's Proëm, as untrue as the former, and so demonstrated in our answer thereunto before. No Trade but Lawyers, nor such, but Westmonasterians, will be hindered by taking away the Capias. It was the lawless use thereof, that caused more Usurers than Merchants, to look after man's persons: It never was, nor could be the speediest way for Plaintiffs to gain their debts, but the most dilatory to recover, and the most ready and usual to loose them; so as the repetition of the decay of Trade, if the Capias were taken of, is but tautology for want of reason, and an abuse of Parliament, to be offered such untruths, to hear, or look upon, punishable as aforesaid.  
4. The fourth is as bad as all the former; for the attaching of a man's person, where he hath neither means to pay, nor friends to bail, produceth no end but Imprisonment, Summons, and Attachments of man's goods, where they have to pay, conduce to the speediest end between Debtor and Creditor: He that hath of his own to pay, will regard Summons, jest if that he be attached, he shall loose all, and if submitted to his Creditor's mercy, he may save some. He that hath enough, or more than sufficient to pay his Creditors, of his own estate, will neither regard Summons, nor fear Arrest, but desire it, being sure of what liberty he pleaseth, paying his Gaoler, and to leave what his Gaoler leaveth, to whom he list, as aforesaid; whereby more Creditors are cheated, than by any other deceit, and more undone, than debtors of that kind, who commonly live too plentifully, and leave something, when their Creditors have nothing whereby to live, or whereof to leave.  
5. The fifth is as untrue as the rest; for a debtor that is worth the Summoning, can live no where better than in his Decenarie where he is best known, and hath his pledges answerable for his honesty; nor can he transfer his estate to any other County but to his loss: And his avoiding the due course of Law, is a misdemeanour that depriveth him of the benefit depriveth him of the benefit thereof; which being certified by a Testatum, a Capias of course ensueth, to pursue him from County to County, till he be found, or outlawed; which was ever lawful against such as waved their Law and freedom, to answer it in its due course; and such a Certificate of the Sheriff of that County whence he fled, aught to make to the Chancery, whence he had his Justices to determine the matter; and the Chancery aught to sand the Capias to the Sheriff in whose County he doth latitare, & discurrere; and so the alias Plures, Exigent, and outlawry, till he be forced to return himself to the first Sheriffs, to have his cause determined there by his Peers, as it aught: all which, affording fifteen days between Process and Process, is feasible in half a year; and what he shall be than found to have left of his personal estate, his creditors must have all, and two parts of his real; with lesle than a tenth part of the fees and delays used at Westminster: which old course of Law being restored, and so known, will make every able debtor submit to Summons, and farther Process, especially Outlawries, more terrible and odious than now, when they are but scare-crows, reversable and extinguishable by their grantors, for their gain at their pleasures: For the debtor that is not worth the summoning, up on the Sheriffs return of Non est inventus, & nihil habet, the Law is ended (as aforesaid) until God enable him. And in the interim, wheresoëver he lurketh, or liveth, by lawful endeavours, Cantabit vacuus coram latrone viator, no debtor justly indebted, can, or aught to be suffered by any just law, or equity to make away his estate, before he pay his just debts, for it is not his own, but his creditor's; and such Conveyances aught to be adjudged fraudulent, although the fraudulent makers of that fraudulent Statute, have inserted the words bonafide, for themselves, and their imps, who never had good faith or honesty to expound for their profit, as aforesaid; for good faith can do no man wrong, but falls Lawyer's interpretations thereof, and of the Law, commonly wrong all men, and enrich only themselves. The Lord Coke in the Third part of his Institutes, upon the Writ de odio & atia, declareth these men to be liars that charge the Law, or its makers, with more regard of man's debts, than their liberties.  
6. The sixth is of the same stuff, and in substance answered before. Do more Merchant's trade out of England by sea, because it is an Island, than into it out of larger and Foreign lands, where the Capias for debt was never known? Do not these men buy wares upon trust, and trade to sea as often as the English? and having no Capias, have their creditors no Laws to recover their debts? is it not better to attach their debtor's goods, or their, than their bodies? And so hath London used to do by Custom, and other Towns and Ports aught to have done so aswel; and the Law of the Admiralty hath its course of Justice within its jurisdiction. Will common Lawyers have no Law but their bastard the Capias, to range about by Sea and Land, like its its Grandfather the Devil, seeking whom it may devour? Nay, are not the words of the Writ of Summons, at the Common Law, directed to the Sheriff, which any Mayor, or chief Magistrate of any Corporation, may upon complaint direct to Sheriff or Sergeant; praecipe, etc. per bonos summonitores; that is, I command thee to summon A B, etc. by good Summonitors, etc. and have their names, &c, and this Writ before me by such a day: And to what end? but that the Summonitors being two, or more of the ablest Freemen, or Pledges of the Jurisdiction, undertaking the Summons, undertake the goods till the Attachment ensue, if they cannot end the matter before, as neighbours bound in charity so to do. But these Westmonasterians abhor that, and seem neither to know, nor willing to admit any charitable end, or other Law, but their Capias to catch and bring all fish to their net.  
7. The seventh is but a chip of the sixth, and answered before, with this addition. Is there no trust, but where the Capias is, or can thrust itself? If it be the cause of trust, Justice, Equity, etc. and such a cause, as without which none of these can subsist (as they say it is) and both legal and necessary for this Commonwealth, that it seems the only Trustee thereof? Why is it not warranted, or suffered by these men themselves to peep into their Inns of Court, and Chancery? places pretended to be egress and ingress of Law, Justice and Equity, and known to take upon trust more than all the Merchants of England can tell how to recover by the Capias against their persons, who make their Inns, and their Gaols of the upper Bench, and Fleet their Sanctuaries, more privileged than those that were so called and used by such debtors as made fraudulent gifts, feoffments, etc. and afterwards withdrew themselves thither, until the second Statute made the second year of Richard the second, granted a Capias to ferret out such Latitants out of such Latebras; Such a ferret conceiv we now, to be necessary for the Commonwealth, and especially for many undone Londoners, by trusting such debtors, or rather cheaters, to fetch them out of their profane Asylums, the Fleet, Marshalsey, their Inns, etc. instead of that by them commended for the use of the Commonwealth, and yet commanded not to meddle with themselves, or their habitations; as if they concluded themselves and theirs, to be no part thereof, though well known to be all forfeited thereunto. But how irrational they show themselves, when they offer reasons to a most wise and circumspect Parliament, to persuade them that can only be profitable to all, which is so  to them, that they cannot endure their own beagles that carry it abroad, to be their Inmates an hour longer than while they slave and pump them, and so make them as fit to be their Mass-Priests, as their prowling Proctors.  
8. The eighth showeth these man's desires, as well to pervert the Word of God, as to subvert the Laws of England, and declareth their right as well to the Faggot, as to the Halter, and their fitness as well for Hell, as the Gallows. They blush not to say, that they find precedents and approbations in the Old and New Testaments, of like proceed, and greater cruelties against debtors, amongst the Jews, than is used by them and their Capias here: And those (say they) were condemned, neither by the Romans, that loved Justice, nor by Christ. The first Scripture they cite, is Matth. 5.25. where whosoëver is angry with his brother without a cause, is advised to leave his gift before the Altar, and be reconciled to his brother first, and than offer his gift, jest at any time the Adversary deliver him to the Judge, and the Judge deliver him to the Officer, and he be cast into prison; where Christ saith unto him, Verily, I say unto thee, thou shalt by no means come out, until thou payest the utter most farthing: wherewith agreeth Lu. 12.58.59. and both with the Parable of the non-solvent servant, Mat. 18.25. & all these places conclude with the rest of the Scriptures, that the debt here meant to be punished by imprisonment, was not a debt of money borrowed for need, and lent for love, prophesied to be done. Deut. 15.6. and commanded Matth. 5. and 42. And therefore being no action of sin by the Old and New Testament, was liable to no action of Law, tending to personal punishment or imprisonment; but the debt meant here, was indeed the duty of the Usurer, Extorter, Deceiver, Hypocrite, etc. to forgive their debtors their debts so accrued: But Usury, Extortion, Bribery, etc. which were such heinous offences amongst the Jews, as still they are, or aught to be with us, that they incurred mixed actions in Law worthy of arrests and imprisonments, till the uttermost farthing were paid, or restored, with amendss; Levit. 6.2, 3, & 4, expoundeth this debt to be such clearly, and no other. Our penal Laws for those offences, which make the principal debts voided, and give the Plaintiff triple for damages, or according to the Judge's discretion, carry shadow of that Justice. The Context in Matth. 5. declaring our Savior's speeches to the Scribes and Pharisees, elsewhere called Lawyers, Extorters, Dissemblers, etc. and here redargued of their unrighteousness, and breaking of the Commandments, which they adjudged death to others; accounting kill only such as was done with the sword, and him to be subject to the judgement, where they knew; that by their own law, men that killed in their own defence, had sanctuary, & that the word Judgement emphatically proceeded with the word The, is always used for the general Judgement of God: wherefore Christ telling them, that killing extends to him that is angry with his brother without cause, and elsewhere to him that suffereth his brother to perish when he may save him; much more than to Falso Judges, Extorters, Usurers, etc. who may find themselves sufficiently described in him to whom his Lord forgave all his debt; (which in the last verse of this Chapter (as frequently elsewhere) is called as well trespass, as debt, because mixed, and compounded with sin, more than borrowing, or lending of money) until he extorted from his fellow-servant, who aught nothing to him, but to his Lord, upon whom he had not like compassion, as his Lord had upon himself, but grew angry with his fellow-servant without cause, and cast him into prison; which, when his Lord heard, he was wroth, and delivered the mad Extortor, not the meek Debtor to the tormenter, &c whereof let Extorters, Usurers, etc. take better notice, and apply the said Scriptures to themselves, and know that the Devil, called here emphaticallie the Adversary, is he that delivereth them (as the common accuser of sinners whom he seduceth thereunto) to the Judge of Judges, and King of Kings, the God of Truth, Justice, and Mercy, who (except they say, and resolve to pay all, viz. repent, and have like compassion upon their brethrens, as they expect from him) will deliver them to the Officer, as saith Matthew the 5. Tormentor, as saith Matthew 18. viz. the Devil again, who supplieth all such offices, and delivereth all that are delivered to him, to Hell, whence is no Redemption, till the uttermost farthing be paid, which is never to be done after the oil is out of the lamp, and the door shut: Where contrariwise the Law of the Jews (which Christ saith he came not to destroy, Mat. 5.17. and neither did, nor would altar, as appeareth, Mat. 18.25.) did not imprison money debtors at all, but cell them, and their wives and children, and all they had to their creditors that were bound by the same law to keep, and find them in their houses, and employments, not in prisons, and dungeons, without, and from all employment but wickedness, as our Gaolers do us; nor as these men impiously allege, and belie the Holy Ghost, saying, That their creditors might take their debtor's , and bed-cloaths from them; where the Text they cite, (Leu. 25.39.) saith, they must use them as brethrens, hired servants, and sojorners (which we find all the Old Testament over, had the trust, and charge, not only of their Master's estates, but of their children, and their wives, and wanted nothing suitable, not only to their own necessities, but also to their master's credits, and employments. And debtors were to be kept so by virtue of their sale, but till the year of Jubilee, which, when it fell within seven years in the time of Moses, restored them to their liberty; for without it, the seventh year they were to be restored, as appeareth, Deut. 15.1. etc. And in jeremy's time, at the fixth years' end, Jer. 34.14. Now doth the Capias, Arrests, and Imprisonments used by these men, hold any analogy with the mercy, justice, susten. stentation, freedom, and hope of liberty in few years, which the Jewish law afforded to those debtors they sold to their Creditors? Compare, and find as followeth: There the debtors had the mercy to be no Prisoners at all, but as hired servants, and sojorners: The Justice, to be no bondmen which masters might use at their pleasures: The sustentation; to have food and raiment enough, and compotent to their conditions, and their master's callings: The freedom; to live, and love husbands, wives, and children all together; to pray, feed sheep, and work comfortably together in their master's houses, fields, vineyards, etc. with no lesle good instruction, and recreätion to themselves, than profit and pleasure their masters, and hope of full liberty to make use of those good instruments for their own best advange at six years' end, if a Jubilee freed them not sooner. Contrariwise; here the poorest debtor hath the cruelest imprisonment; that is the rule of these man's mercy: The greatest cheater hath the greatest favour; that is their Justice: The sustentation we would buy for our selus at the best hand, while our money lasts, our Gaolers take, or keep from us, to force us to buy half so much, and nothing so good of them, while we have a penny left; and after to starve; when others, for our Custom, would prolong our lives, with trust for a time, they will trust no poor man for a farthing; nor rich, but to fetch his money. Our Freedom is not to the next Ward, nor in our own, to enjoy wives, or children, longer than they bring fees to the Gaoler; that when we have sold our , and bed-cloaths to feed our bloodsuckers, our common bed is the bore ground, till we famish here, and our wives and children in the streets, and ditches, do the like; hope of liberty we have none, but by such deaths; for our livelihoods are too little to pay our Fees from the days of our Arrests, to our Funeral: if any attein to liberty by some casualty, he is the worse while he liveth for his Gaol education. Our Law is derived from the Romans, who (as these men say) condemned not the Law of the Jews concerning Creditors, and Debtors; we wish ours were as merciful; and so it was before and since Magna Charta, when it meddled not with man's bodies that had not wherewith to pay their debts, but relieved, and employed them according to their endeavours, forgiving their debts, and believing that of our Saviour; if you forgive not man's trespasses, neither will my Father forgive yours, Mat. 7.12. But these men that dare abuse the everlasting Word of the everliving God, and the fundamental Laws of this Land grounded thereupon, to mis-inform a Parliament to their own ends, notwithstanding they know we have abundance of sound Divines to expound Scriptures, and some honest Lawyers, though no professors to explain Laws. What shall we think of these man's sincerity to be trusted with the making up, and keeping of Records concerning the whole estates of the Commonwealth? but submit the consideration thereof to all interested therein.  
Their 9 Reason pursueth the former in its Coin; for most untrue it is, That men always begin suits (meaning by way of Capias, and Arrest) upon necessities of injustice, that is to say; when no other trick will serve to bar men of their liberty to prosecute just suits for loss of lives, or estates of most concernment; or for Treasons, felonies, or trespasses most notorious, committed by night, and defended by injustice, what is more common than to arrest the prosecutors for supposed debts of thousands of pounds, more than they are able to found bail for, until Trials, and Judgements be carried against them in the causes they should follow by the same hands of Power and Justice, that they should prosecute, but cannot, being so prevented. And how many are now imprisoned for supposed debts, which they never aught, or if they did, have paid, or which were not due at the time of the Arrest, etc. And what necessity of Justice was to begin such suits? And what murder more wilful, more manifest, and more cruel, than to imprison men so till they die? And where they say, that most commonly debtors have notice before any suit be commenced, why than do they debar summons, which is the right process of notice? How come Justices of Peace, and Grand Jury men, that always attend Assizes and and Sessions, to be arrested by bills of middle Latitats, and Outlawries, before they can hear of any suits against them? which case is common. And for their alleging of many Statutes, or Parliaments, that approved of their Capias, let them name one more than that of 25 Edw. 3.17. which gave it, and was repealed, 28 Edw. 3.3. and 42 Edw. 3. as aforesaid. What Statute, or Parliament, ever since revived it in express terms? It is true, That of 19 Hen. 7.9. ordaineth process upon Actions of trespass upon the case to be not more dilatory than that practised for debt. And we grant that actions upon the Case, being mixed actions, ever aught to have been by Capias before that Statute, however neglected by such as ever left undone those things which they aught to have done, to do those things which they aught not. And that summons is a milder way, and not so compulsory: as the Capias, we confess, and hold more Christian; for the Capias compelleth men that are not able to pay their debts, and that never aught any, to be imprisoned, starved, murdered: And no just debt to be paid so soon as summons, all the world knoweth thereof, and therefore no Nation but English admitteth a Capias for debt.  
The 10. is as deceitful an information as any before that; for we desire no new way upon summons, to hasten Judgements before Attachments and distress, by affidavit of a summoner: but that summons may go by Writ, as it was want, to the Sheriff of the County wherein the debtor dwelleth, requiring him by good summonitors (which are the words of the Writ) to summon the party to be at the return of the Writ, in the Court whence it issued, whether the Sheriff is to return both the writ, and the summonitor's names, in that aught to be substantial freeholders', and free pledges of the same decenarie as the debtor, who, if they return summonitus, are answerable for so much as they find him worth, till Attachment taketh it into the Sheriff's hands, or sureties for appearance. If the return be a nihil habet, than (as aforesaid) the Law aught to look not further after him, till God make him able: for (as the Proverb was) where nothing was to be had, the King was to loos his due. And if the return be non est inventus, his shunning of the Law maketh him a malefactor, subject to a Capias upon a Testatum directable to the Sheriff of the County wherein he lurketh, and so from County to County, till he be taken, or outlawed. Again, if the return be summonitus, Attachment, distress, and Judgement follow of course, legally, and speedily, and are the only due process of Law, as we have declared before; and so is not a Judgement by nihil dicit, stolen by connivance of Attorneys, unknown to the Defendant, although his warrant of Attornie be had to appear for him: a common feat countenanced too much by the Law at Westminster, to thousands undo, and their own gain. For trial by Jury, Issues joined, cannot be tried otherwise, Nihil dicits, & Arrests by Capias use them not: For multiplicity of Suits and Perjuries, they were things never found fault with at Westminster these 200 years, till now. And now if the Chancery grant Justicieses to Sheriffs and Stewards, as they aught, gratìs; and Corporations proceed by their Charters, Westmonasterians need not fear to be troubled with multiplicity of Suits; and those growing lesser, so will their perjuries.  
11. The eleventh is a toy; for we grant that a Capias ad respondend. being unlawful, that ad satisfaciend. is groundless, and both most lawless, and useless; the due process of law for debt being as aforesaid, summons, etc.  
12. The twelfth is a Riddle and a Paradox, wherewith these men would amaze us with some wonders of their experience happened by this Commonwealth by the benefit of their Capias, which they call the Process of Arrest, Anno Domini 1267, & 1350. They might have done well to declare their particulars, that others that know them not, might judge thereof as well as themselves. We confess, and they know the Arrest, Imprisonment, Exile, and Hanging of Traitors, Extortioners, etc. as were the Spencers, Father and Son; the Judges Hugh d' Burgo, Tresilian, etc. who seduced Kings, as these men would Parliament, were beneficial to this Commonwealth; and we hope it will be so again, though we know not how long the Devil may help his servants: but of poor debtors we can remember no arrest that was ever beneficial to any one person of this Commonwealth, but have sufficiently proved the Negative.  
13. Lastly, for the subtleties, and subtersuges of debtors, we know none more than these men; and their predecessors taught such as grew indebted, and by their natural inclinations, assisted with these man's advices, and devices, far more subtle than their own, to cheat men of their Lands and Estates; and by the credits of their sureties, that took them to be honest men, until too late, they found the contrary. We confess it is true, that such debtors by the helps of such teachers, became so subtle, as to get in their hands all they could of their Creditor's rights, and conveied them to what uses they pleased; and procuring themselves afterwards to be arrested, where they might be brought, or removed to the upper Bench, or Fleet; made those places their sanctuaries and subterfuges, where they are many thousands in list, but few in custody, riding, rioting, and spending their Creditor's and Sureties Estates, sometimes at their own doors, who want for their sakes those blessings to reliev them, which they vainly consume to outbrave them; and sometimes in parts remote and Foreign, more active against this Commonwealth, than for it.  
The premises tenderly considered, and for that these men, by these their endeavours declare themselves, and their Judges, and the rest of their rabble, to be of one fraternity; and all parties in this matter of our wrongful imprisonments, and guilty of all the Extortions and Oppressions concurrent therewith, and livers, and thrivers thereupon; and therefore no fit Judges in these causes, as further appeareth by their lothness to submit, or give way to the House, whereof they are overruling members, to perform their promises to your Excellence in our behalves, made many years past, or to restore us, and themselves, to our birthright, liberties, and freedom, whereof they have rob us, but are ashamed so to do like thieus and intruders, to deliver their possessions to the right owners. May it therefore pleas your Honour, in our further behalves, to cause the House once more to be moved to grant a Commission under the Great Seal, directed to indifferent Commissioners, that shall be no professed Lawyers, Attorneys, etc. or persons engaged to public employments, Martial, or Civil; but men of understanding, and discretion, undoubted honesty, well-affected to the present Government, to be nomited by us, and approved by any two, or more Parlament-men; autorising every two, or more such Commissioners, (not exceeding twelv in all) to deliver all the Gaols of England and Wales, of all prisoners for debt, forthwith without delay, compelling all that are able, to pay all or part of their just debts, to pay accordingly, so far as all their goods, (except the beasts of their plough, tools of their trade, and necessary  and bedding) and two parts of their Lands shall extend, notwithstanding any Conveyance of any such Lands since the debts grew, (except distributions between real Creditors.) And to hear and determine all wrongful Imprisonments, Extortions, Briberies, Usuries, Perjuries, Forgeries, Frauds, Deceits, Trespasses, or Oppressions whatsoëver, concerning such prisoners only, committed, or to be committed by any person or persons whatsoëver, against them, or any of them, or by any of them against any of their Creditors, throughout England and Wales, according to the ancient Laws and Customs of England, confirmed by the great Charter, and Petition of Right, to endure for three years from the date thereof; allowing every such Commissioner 300 l per annum, above his necessary expenses, for his salary, in consideration of his pains, and loss in his time, and private affairs; and such fees, and allowances to their Clerks, Messengers, and other necessary Ministers, as any three of them shall think fit, not exceeding the precedents of other Courts, in like cases, to be deducted out of such fines, amerciaments, issues, profits, and perquisits, as shall grow due to the Commonwealth, by their service, as other Courts use to do; and the rest to be accounted for, to such other public uses, as the House shall appoint: Which being done by your means, the Land shall be purged of much iniquity, the Lord's wrath for the same much appeased, your Excellency, and your Army gain much happiness, love, and honour, divine, and human, temporal, and eternal; the Commonwealth regain a Million of money picked out of their purses by Extorters, Usurers, and common Deceivers; and your Petitioners be at liberty to fight for their Country, and safeguard of those lives of their own with courage and comfort, which as yet they have no hope but to loose with care, and sorrow.  
And they, and theirs, as in duty bound, shall ever pray, etc.   

A Case concerning a matter of Justice.  
TO the premises I must add another Case of no lesle perspicuity and manifestation of our Lawyer's actions, than the former, briefly thus; A Gentleman of Drurie-lane, ever faithful to the Parlament's service, and an adventurer of his life and fortunes therein, imparted for their use and the Commonwealths, 3600 l ready money, upon condition to be repaied, with lawful consideration, in convenient time, to supply his own occasions, much subject to oppressions and injuries offered unto him by Lawyers, and their Clients; in which respect it pleased the Parliament to take him into their protection, which he conceiveth Lawyers sitting Members in the House, advised or consented to be done, and granted as a lawful and just thing; or had it been otherwise, would have advised the contrary, and never consented to the same. Now the Gentleman (having received none of his money, nor any consideration for any part thereof, is forced to borrow money upon hard terms, of Use, and other Engagements, to buy his Leases late held of the Bishopric of Elie, to prevent others to deprive him thereof, being his main subsistence,) can have no benefit of his protection, from any of them that granted it, or of those Courts wherein they are employed, and eminently authorised; and the Gentleman and his Estate daily and unduly questioned, yet desireth he no more than his own, to defend himself from injustice, or to be protected therefrom, until he hath his own, and justice with it, or for it; or that he may be satisfied how necessary it is, or can be to this Parliament and Commonwealth, or either to have these men, these Counsellors, these Advisers, or rather Devisers of frauds, and subtleties to delude Truth and Justice, that will counsel, advice, device, or consent things to be granted, which they will not justify to be performed by themselves, (except that as in cases of common concernment, wherein the party most suffering aught to have negation from all) Stratagems are tolerable in war, continued or tolerated in place or power, to misguide Parliaments, as their predecessors have done Kings in times of peace, or to be sole Judges or Interpreters of their own inventions; no lesle dangerous to this Republic, and their Estates, than the Exposition of Papistical Impostures, while it was left to the autors, was to our predecessors and their souls. All which is humbly submitted to your honour's further consideration, with the rest as aforesaid; by the same  
Your honour's faithful servant, and observant, Jo. Jones.   

A Case concerning Tithes.  
FOR the further manifestation of the lawless Imposture, and usurpation of Jurisdiction, arbitrary proceeding, and destruction of Propriety, exercised daily, and generally by Judges, and no Judges at Westminster, and in their Circuits to the deheredetation of many, and hazard of all; may summarily appear in that one Case lately adjudged by no Judges legally authorised thereunto, between Sir Matth. Lister Knight, Plaintiff, and Lionel Gelson, Defendant, published in print, partly by Petition, partly otherwise, by the modest and discreet wife, and fellow-sufferer of the Defendant, in the Caus of Ann Gelson: the brief whereof is this; the Plaintiff being possessed of the Tithes of a rectory, called Burwel, in the County of Lincoln, an Impropriation, sometimes parcel of the dissolved College of Tottersal in the said County, by virtue of a Conveyance derived from a Grant of King H 8. in which it is mentioned that the said King gave that rectory (cùm pertinentiis inter alia) to the than Duke of Suffolk, and his heirs. And because it is there further mentioned, that the said King gave also to the said Duke the Presentation of the rectory of Walmsgate, which is a Parish of itself in another Decenarie, and Wapentack of the said County, distinct from, though neighbouring to that of Burwel, and founded by the Lord of the Manor of Walmsgate, who than was (as yet the Defendant who claimeth from him, is) Lord of all that Parish in Fee-simple, and gave the Tithe thereof (as well his own, as his Tenants at will) to the Rector for the time being, and his successors for ever, reserving to himself, and his heirs for ever, the Patronage and Presentation; so that when there happened a neglect of Presentation in him, or in his heirs, the right thereof fell by laps to the Bishop of Lincoln, and upon his neglect, to the King; which being so than, in King H. 8. he might grant for that time to the said Duke: But saving for that time, or the like relapse, the inheritance descended to the Defendant. Now this Inheritance from the Defendant, and Tithes from the Incumbent, and his Farmor, are adjudged to the Plaintiff, by Judges and Jurors, according to the course of Common Law, (as they pretend) whereas by the Statute 2 Ed. 6.13. and many precedents, no right of Tithes aught to be tried but by Ecclesiastical Judges, and Courts according to Ecclesiastical Laws; which, though now abolished, the said Statutes being not repealed, the Judicature is obeyed, and yet undisposed of by the Parliament, which only can dispose thereof. But in the interim, such Judges and Jurors, as assume jurisdiction to try the rights of Tithes by Common Law, are no Judges, but offenders in Praemunire; such trials, no trials, but arbitrary and lawless Disseisins, and destructions of man's properties; and consequently (if not timely remedied) of the common liberty, rights, and birthrights of all the Commonalty of England; And the Defendant can but fear to be deprived by the same course, of his whole Manor, and subsistence, as well as he is of part.  
FINIS.