A WARNING-PIECE FOR ENGLAND. Being a Discovery of a JESUITICAL Design, to Dismember WALES from ENGLAND, to the ruin of both. Together with undeniable Reasons and Arguments, proving the indispensable necessity of Appeals from Wales to the Courts at Westminster. By Certiorar. Writs of Error, Habeas Corpus, Quo minus, & Subpaena's out of the Exchequer, and Subpaena's out of the High-Court of CHANCERY. Established by several Acts of Parliament. Humbly tendered to the Consideration of his Highness the LORD PROTECTOR and his Council. By a Wellwisher to the Peace and Tranquillity of this NATION. P.P. LONDON, Printed for N. Ekins, and are to be sold at his Shop in St. Paul's Churchyard, 1655. IT hath been, and of late, a much used Maxim, Divide & impera; In order thereunto persons illaffected to the public peace, by reflecting too much upon their own advantages, do employ their endeavour to sever Appeals from the Cognizance or Jurisdictions of the Courts of Westminster, thereby to be within themselves absolute Masters of their own desires, with little heed looking back upon the common Enemy, that by these Wiles insensibly ensnare them, under pretence of advancing themselves, to ruin the whole Government: For the Wisdom of our Predecessors purchased our Union with much expense of Blood, Money, and Time, to prevent those great Inconveniencies that the inconsiderateness of some, probably of themselves excusable, will inevitably draw upon us by an intention they have to petition the Supreme Power, to bar the Inhabitants of Wales of the benefit of those Writs of Appeal, Certiorar. Writs of Error, Habeas Corpus, Quo minus, and Subpaenas out of the Exchequer, and Subpaenas out of the High Court of Chancery established by so many Acts of Parliament; And for the continuance of an usurped Chancery in Wales, the inconveniency whereof briefly appears by the ensuing. Treatise. A WARNING-PIECE FOR ENGLAND, AS it is said of Tenors, That all Estates are held mediately, or immediately from the King, or Supreme Magistrate: So it may in as apposite a Sense be affirmed of Judicatory power, that all Jurisdiction is subordinate to the Supreme Authority: There is and aught to be in one and the same Commonwealth, or Empire; a certain Scale of Judicatory continued in an orderly concatenation of Superiority and Inferiority, until there be at last a concentration of all in that ultimate Right of Sovereignty; He that shall contradict this Subordination of Powers, seems in my judgement equally obnoxious unto censure, as those that shall maintain that there ought to be no order or degree amongst particular men, all power is either Ordinary and Original or delegated, and without peradventure the power delegate aught to be dependent upon that from which it is deduced: to pretend authority in the lower Spheres of delegated Jurisdiction, that shall be unresponsall to the higher is little better than a criminal and contemptuous arrogance, which truly I can call no less than a degree of Denial to the Supremacy itself: that the Summa potestas should be secured with this Lifeguard Maxim of Policy, Immunity of punishment and unquestionablness for Error: I would readily allow as conceiving it rational and agreeable to the rules of the Government, for there must be a sons Justitiae a Dennier resort upon whose determination all litigant and dissenting parties must quietly sit down and acquiesce. But to set up particular inferior Magistrates, of what condition soever in such Paramount Stations as to be exempt from the benefit of appeals, as it is a solecism in Government without Precedent, so would it tend to nothing but to gratify the supercilious minds of corrupt and ambitious men: and consequently set up so many Exorbitant Dictator's in the place of Judges who may exercise their Arbitrary wills and tyrannies, and grind the faces of the people, cum privilegio. 'Twere to be wished that all such as are real friends and relate to that Jurisdiction of Wales would address themselves to those that sit in Judicature in the Welsh Counties and thereby to represent seriously to their consideration how fatal and perilous a thing it is to any Court or Jurisdiction to seek to advance their own authority by encroaching upon another power (especially where that power is the Superior) Many fresh instances might be produced in these latter times of several Courts that have had their downfall from this Pinnacle of Usurpation. Let the Council of the Marches for all the rest be mentioned for one single Memorial & monument of the unhappiness of this Error: other Examples I omit, the truth hereof being notorious enough to the most careless observer. I am really persuaded that 'tis not the unanimous opinion of all those judges that ride the Welsh Circuits that those Writs of Certiorar. Habeas Corpor. and Writs of Error etc. should not be allowed, But am assured that the most of them More Majorum do acknowledge their Subordination and dependence, which is an argument to me more cogent, than a Demonstration that they that promote this project for abolishing these Writs (for I can call it little better) are agitated & byassed by some private intention to a grandize themselves rather then upon pure and honourable principles of conveniency and zeal to the public welfare, before such attempts as these, 'tis known those Courts of Wales continued in great splendour and reputation, under the power and management of wise moderate and Learned Judges and Officers, But if now they shall not contain themselves within their ancient Landmarks, those Earthen pots may, it is to be feared, be broken in pieces, by dashing against those that are of more solid Materials, what the pretenders of this innovated privilege (for exempting the inhabitants of Wales from appeal upon Writs of Error Habeas Corpor. Cerciorar. etc. (being the ancient rights of the people) can say for themselves, is beyond my apprehension to conceive. To affirm that it is against Law would smell of gross or wilful Ignorance, or else which is worse, affected Arrogance; For, 1. It is a sufficient reason in Law that the practice ever since the erecting the Jurisdiction in Wales hath warranted Certiorar. and in these times when those parts were supplied with as learned Judges as any the Nation afforded, and for writs of Error the Statute of Wales directs where they shall be brought Viz. in personals in the Marches; in mixed and real at Westminster as for Criminal causes. It is the opinion of the most learned lawyers of this Nation that Certiorar. upon the Statute of 26 H. 8. cap. 6. do lie in Wales for removal of all Inditements for Felony, Murder Manslaughter, and other Offences there committed to be tried in the next adjacent English County. And that by the same Statute any of the Inhabitant of Wales may be indicted and tried in the next adjadent English County for a Fact committed in Wales. The practice whereof being frequent in cases arising as well in North-wales as South-wales, and many precedents might be instanced and produced in that behalf: And the words of that Stature are very plain and pregnant to warrant the same; But in case the Statute had been dark or dubious, yet by implication of Law an Appeal lieth without express provision as out of Ireland, Galice, County Palatine. etc. 2. By the Statute of the 27th. of H. 8. Wales and England were incorporated, and by the words of that Law, the Inbabitants of Wales shall have and enjoy all Rights, Fran bises, Liberties, Privileges, and Laws within England, as any of the Inhabitants there being born Subjects should have, or enjoy. 3. The Inhabitants of England enjoy the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, and Subpaenas out of the Exchequer, and Subpaenas out of Chancery (which Court ought to be always open for the relief of all Suitors.) and consequently the Inhabitants of Wales by authority of the said Statute ought to enjoy the like Benefits, Franchises, Liberties, Laws, and Privileges; Since which time they have lived peaceably under the same Law & Government, which the most ingenious and knowing amongst them desire still to enjoy; Who cannot but look on the promoters of this innovated Jurisdiction amongst them as persons that go to separate Wales from Eng. to the endangering the peace thereof, and to debar all Wales of those Privileges Laws and immunities which were graciously made and established for that benefit, and such as do herein as they have done in other things else do deem themselves to be enemies to their Native Country and the Peace and Tranquillity thereof. 4. The Statute of the 34 of H. 8. which establisheth the Welsh Jurisdiction is an affirmative Stat. and was merely granted in Favour of Wales by way of additional Privilege and Liberty; But doth not take away those Laws, Liberties, and Privileges which were established for their benefit by the said precedent Statute of 7 H. 8. nor doth abridge them from the benefit of any Privilege or Liberty which they might claim before those Statutes. 5. 'tis repugnant to Reason and common Justice, that an Inferior Court should be set up that is subject to err, and yet should not be subject to an Appeal. 6. The Jurisdiction of Wales is derived from the Crown of England, and the judges there fit by Patent made under the great Seal of England. 'tis agreeable to reason that the Chancery that gives them their Power should be capable to send a Writ of Error to them and force obedience. 7. The Certiorar. and Habeas Corpus cometh out of the Upper Bench, the Court of the Lord Protector, where he himself is supposed to sit, and hath absolute and supreme Authority in Criminal Matters, and must be obeyed therein upon pain of contempt. 8. It is observed that ever since the Union of Wales and England, by the Statute of 27 H. 8. Writs of Error, and Habeas Corpora, have never been denied nor opposed by any until within this two years, by one Mr. John Corbet Justice in Brecon, etc. Gwyn agninst Corber, Hill. 1654. A Writ of Error was opposed in the case of Kees Gwin Gent. But on full debate thereof by learned Council on both sides before the present Lords Commissioners of the great Seal of England: Their Lordships declared their Opinion that the Writ of Error did unquestionably lie and issue into Wales, and the judges there ought to yield obedience thereto; And the said Court imposed several Penalties on the said Mr. Gorbet for his wilful contemning the said Writ and the Authority of the High Court of Chancery, from whence he received his Commission. 9 As for the Writ of Quo ininus it is warrantable likewise by Law. Keleway, 138 Quo minus out of the Exchequer and Capias us lagatum out of the common Pleas issue into Wales 1. Because in transitory Actions a man may sue where he pleaseth. 2. A Quo minus is a Prerogative Writ found out for relief of the King's Debtors. 3. The Principality of Wales is, and always was held of the Crown of England, and therefore the Inhabitants thereof properly suable before the Barons of the Exchequer to which place they are Accountants. 4. The liberty of suing in the Chequer by Quo minus, or Subpaenas hath been, time out of mind used and practised without contradiction and without question if the Inhabitants of Wales did not find more benefit thereby, and more indifferent just proceed there, then in their own Country; it is not probable they would travel so far for justice whilst it is in the choice of the Plaintiff where he will bring his Action, and surely no Plaintiff will probably sue in the Chequer without very good cause of Action because that Court provideth costs for the Defendant suitable to the nature of his Expense, and where the Inhabitants of Wales should be abridged or debarred of this ancient Freedom, Liberty, and Privileges, no indifferent person can afford a satisfactory reason. And the rather because the matter comes to be tried in the next adjacent English County, not far from their own Habitation, nor yet so remote as the late Council at Marches was to most parts of Wales. And trials of this nature give great satisfaction both to Plaintiffs and Defendants, when they have choice of learned men to plead their Causes before learned Judges, and able indifferent jurors of no relation to Plaintiffs or Defendants to try their Causes. But it is possible that the legality according to the present Constitutions may not be much contradicted, and therefore it must not suffice to rest there. It shall be my next task to make known and discover to those that will not wilfully hoodwink themselves, the absolute and undispensable necessity of continuing this ancient, laudable, and approved Constitution concerning the removal of Actions or Suits from or beginning them elsewhere, then in Wales, where the cause of Suit is first emergent. And in the first place give me leave to say, I hold this liberty of Appeal as great a privilege as any is comprised within the great Charter of our Freedom: There are many living whose experience will testify to this Truth, had not their sufferings made them incapable to be produced as Witnesses, and others of foreseeing judgements and perspicacity that will readily maintain that this assertion is no Hyperbole. For my part I make no difference in relation to every English man's general Birthright by the Law, between a Habeas Corpus, and these other Writs of Error Certiorar, Quo minus, & Subpaena out of the Chequer and Subpaena out of the High Court of Chancery; And how grievous the complaints of the people have been in all times, when Writs of Habeas Corpora be obtained; Precedents of former times speak loudly of, and the noise thereof hath wrung in all men's ears: But to make the necessity of the present Position the more delucidly appear, it will be convenient to descend to some particular numerical reasons for the maintenance of it, which may be thus Marshaled. 1. All County jurisdictions must of necessity be more obnoxious to partialities in their proceed, than those that are of more universal latitude, they are so circumscribed within so small a Circumference, that the judge although never so upright and vigilant will be more easily abused, the jurors more liable to be packed or misled, and the Witnesses in all Causes more readily wrought upon and corrupted. This reason (as may be supposed) was not the least motive to the late Parliament that gave the break-neck to the Design set on foot for Provincials. So that it is more than apparent the present Design to make the Welsh jurisdiction absolute and independent, tends not only to the deprivement of Wales, of their ancient Rights, Liberties, and Freedoms established by Law, but if granted, would prove a Precedent of dangerous consequence to all the people of England, as herein afterwards is more fully declared. 2. It is very well known to those that are acquainted with the nature and condition of the people of Wales, that before the late Wars, & at this time there were, and are such Family Emulations and Differences for the most part in the several Counties, that the whole body of them is apt to be cast upon every slight controversy into Factions Confederacies and parties, insomuch that the infection thereof doth not only remain amongst the Vulgar and private men, but often times doth attach the very Bench of justice, and by that means 'tis not impossible but it may sometime catch hold of the judge himself. 3. It is observed that since the late Wars, these Differences have been so increased, and the spirits of men so highly provoked, that of late years (as I am informed) the civil, Military, and Ecclesiastic Powers there have been used and converted by some, more for private vindication and revenge on their Neighbours and Countrymen, then for the real discharge of public trust; Insomuch that the cries of the oppressed have been very loud though helpless, and should the jurisdiction of Wlales be made absolute and independent without Appeals, then without question all (except such as are entrusted with the Authority) and their Friends and Relations must needs be unsafe in their lives, liberties, and Estates. 4. Those that are conversant with the Welsh Proceed, do observe, that if the matter concern any person of awe or eminence, there is most commonly such relation between the Parties, jury, and Witnesses either in respect of Blood and Kindred, tenure or other dependa ce, that some out of wretched simplicity, others our of wilful perverseness will make but a cipher of the man upon the Bench, and think they discharge not their duty unless they find for their Kinsman, their Friend or Lord. 5. But suppose that the case of controversy fall out between a Native and an Englishman, certainly experience hath taught some that mediet as linguae is in no case more necessary than here; For the first Inquiry or whether he be E●gle Cheria or no, and I may then say without traducing of that Country, that the same Injury or Fact committed upon a Native, will many times not be found so when committed upon an Englishman. Ob. If it be objected, that Appeals to the Courts of Westminster by Habeas Corpora, Certiorar. Writs of Error, etc. occasion delay, and expense. An. It cannot be denied by any, but that delatory Justice is more desirable then perverted, and the Appellant bears the greatest burden, who probably will not appeal without good cause to warrant his proceed therein, for besides his own charges he must pay considerable costs (if in civil Causes) to the other party if he make not good his Appeal, if in criminal Cases, the charge of bringing it to the test, besides the reinforcing of the Judgement given below, if he fail to make good his Appeal, is a sufficient check to all Causeless Appellants. Ob. If it be objected, that Trials upon Quo minus, & Subpaenas out of the Exchequer are chargeable and delatory, because they are transmitted for trial into foreign Counties, and that the remoteness of the place is a discouragement to parties and their Witnesses. An. 1. That Objection will prove of little force if the conveniency of having the same tried before indifferent and impartial Judges and Jurors in the next adjacent County be duly considered, where Causes are determined with equal and quicker dispatches, than the ordinary course of Justice in the great Sessions of Wales doth bear it, where many by reason of experimental delays of late used there, are much discouraged to prosecute their Causes. 2. If the extraordinary charges of Appeals from corrupt and erroneous Verdicts, and Judgements, be taken into consideration, occasioned by the partiality and corruption of Sheriffs and Jurors, and others that have the transacting of the people's causes, as hath been before demonstrated; with this also, that in case a Welsh Sheriff be of the contrary faction, or a friend to the Plaintiff or Defendant; such jurors shall be returned, against whom no exceptions can be made by Law, yet shall bring in a verdict rather according to the pleasure of the Sheriff and the parttie he adheres unto, then according to the truth and merits of the cause. 3. If it be considered where the trial by Law is appointed, although not in vicineta, yet in vicino Commitatu in the neighbour County, although not in the neighbourhood, and it is often seen on trials in the Welsh Counties, the parties are forced sometimes to bring witnesses out of England 100 or 200. miles, or more, and sometimes out of the remotest parts of Wales even to this County of Mountgomery. 4. The contrivers and promoters of Cantonizing Wales to serve their own ambitious ends, do not only go about to deprive the Inhabitants of Wales of the benefit of Certiorar. Habeas Corpora, Writs of Error, Quo minus, Subpaenas, out of the Exchequer; But would also make themselves Lord Chancellors, as well as Lords chief justices of Wales, and that no Appeal might be hereafter made by any of the Inhabitants of Wales to the High Court of Chancery for the reveiw or reversal of any decree, or other proceeding in the pretended court of Chancery there held, nor any address to the said High Court of Chancery by any of the Inhabitants of Wales, for relief upon Original bills there filled, touching any matters real, personal, or mixed, relating to Wales; all which sufficiently testifieth the pride, ambition, and exorbitant thoughts and purposes of these Innovators, to make themselves sole and arbitrary judges, both of Law and equity in all causes criminal and civil, to the endangering of the lives, liberties, and estates of all such as are not, or shall not be entrusted with this Paramount authority, or are not or shall not be of relation to them. Whereas in truth if their Chancery jurisdiction be but inquired into, they have not the least colour, much less Commission or authority to hold such a jurisdiction as they now do, and for some late years have usurped as I humbly conceive for these reasons. 1. The judges of Wales have not any power either by the Stat. of Wales or their Commissions to hold a court of chancery, nor yet by any ancient custom or Prescription; but its beginning was from the Council of the Marches now abolished on mere references transferred unto them, whereby colour thereof first retained petitions and afterwards bills in equity, neither can they produce especially in South-wales one bill in equity preferred in this pretended Court of Chancery in Wales of 50. years standing, there being many living that well remember the time when no such bills were retained but only equitable rules made at common law, either by the mutual consent or upon submission of the parties 2. There are no Officers settled nor sworn, nor any set Fees established in this welsh Chancery by any Law or legal authority, other than what the Judges there for some late years arbitrarily have erected, whereas the Fees and Officers in reference to their Gommon-Law Jurisdiction are certain and prefixed by the Statutes of Wales. 3. The Welsh Chancery is a paper Court where there are no records or inrolments kept of their proceed, but their paper Records as they call them, are commonly carried by Client, Solicitor, and Attorney, from place to place in their pockets, and often left and some times made use of to light Tobacco. 4. It is questionable whether any person can be questioned or Indicted for perjury committed in this Court, whereby the same may become a Nursery for Perjury, which is a reason given by some that know the Country, why Perjury is so frequent in some of those parts 5. To a Court of equity a distinct Seal ought to appertain, to seal all their writs and enforce obedience to their proceed: But to this pretended Court of equity no such Seal appertaineth, yet assume they power to seal their Chancery writs with the Judicial Seal, and thereto affix green wax, which is solely ordained by the Statute of 34. H. 8. to Seal Judicial writs and not Chancery writs, and therefore as well may the judges of the Upper Bench or Common Pleas or the Officers entrusted with the Seals thereof affix green wax to the Writs Issuable out of the Highest Court of Chancery, and seal the same with their proper seal, and take the Fees due for the same, as the said justices or their Clarks may seal the Writs or mandates which they Issue out of their pretended Chancery, with their Common-law Seal by which they cannot enforce obedience to their pretended Chancery jurisdiction, and so consequently their Orders and Decrees are of no force, but the people exposed to fruitless trouble and expenses, and that which can attain to no reasonable end, the Law rejects as a thing inutile and useless, Sapiens incipit a fine. 6. The High Court of Chancery time out of mind and memory of man, nay ever since the establishment of the jurisdiction of Wales, on Bills exhibited there, have and do retain the same and give relief therein, notwithstanding any Decree, Order or Proceed in the pretended Chancery of Wales, against whose proceed the said Court have, and do grant Injunctions until the hearing of the cause which were never disobeyed nor contradicted; nor such proceed found inconvenient until within this 12. months, a Judge then and now in Wales drew a Plea of a decree made before himself, in Bar of a bill exhibited in the High Court of Chancery, for relief of the same matter, Owen against Thomas Hillar, 1654. but got an other Counsel to sign it, which being argued before the Lords Commis. and endeavoured to be maintained by two Welsh Counsellors, that take upon them to be the principal upholders of this usurped jurisdiction yet their Lord ps. overruled and ordered the Defendants to answer in chief, and granted an Injunction for stay of the proceed in the Chancery of Wales, for the matters here complained of, until hearing of the cause. 7. There are Precedents that may be likewise produced of Prohibitions Issued out of the Courts of Upper Bench and Common Pleas, against the pretended Chancery of Wales. 8. A Court of Equity cannot be erected by grant or prescription, but only by Act of Parliament; Hobart 5.87 Martin and Martial, Dyer 175 1 pr. Sproggs Case. and yet the Chancery in Wales hath neither grant nor prescription nor Act of Parliament for its support, whereof the Judges of Wales being deeply sensible, and of the danger of incurring the penalties imposed by the several Statutes for Praemunire in cases of like nature, have not until now of late take upon them the authority to make any final or decretal Orders, without the orders themselves were first signed by the Counsel & Attorneys on both sides whereby the same were indeed made rather orders by consent of both parties their Counsel and Attorneys, than any final or decretal orders by a Chancery jurisdiction which indeed gives them no more authority then if the matter were referred by consent of all parties by way of Arbitration to ordinary Arbitrators, and how far any have acted beyond their Commission or contrary to the Statutes for Praemunire; is humbly submitted to consideration, there being no Register there until of late. 8. To give the judges of Wales the power of Law and equity in all cases criminal and civil, without Appeals to Westminster; is such a jurisdiction that the wisdom of former ages never yet thought safe to intrust to any persons of never so much integrities & abilities, nor any could be found so immodest as to accept much less to desire it, until few of late, and it is well hoped that the supreme Authority will take special notice of the contrivers & promoters of this design being a few out of Brecknock Shire, where john Corbet Esq doth ride as sole justice; is upon occasion of a murder there lately committed by some that are of near relation to those that carry on this design, with an intention to smother this murder, and save the lifes of few from the power of Justice, with the utter ruin of the whole Country, as is herein after more fully discovered. The granting such a power of Law and equity in one or more persons, is to set up Arbitrarines, and to destroy the fundamental Laws of England; as Magna Charta, the Petition of right, and trials by 12. men etc. For after a verdict at Law the same person that sits as Judge thereof, may if he please, as Chancellor stop Indgment, or after judgement stay Execution, or if he please stop the trial itself, and in one man's case Administer the strictness of Law, but in another man's case of the same nature, Administer his own will for rules of equity: And so carry fire in one hand, and water in another hand, being indeed a power that many learned honest conscientious men would not accept off, if offered unto them, as Inconsistent with the rules of good government in the due administration of justice; & if once this power was erected in Wales; then by the same rule of Law & reason may some ambitious persons petition for establishing the like jurisdiction in all other parts of this Nation that are but 30. or 40. miles distant from London, & thereby reduced the whole Nation into several Provinces under an Arbitrary mixed power of Law and equity in one and the self same persons, to the subversion & overthrow of the Fundamental rights, laws, liberties, and freedoms of England. Far be it from any sober man as much as to imagine that the Wisdom and Justice of his Highness the Lord Protector and his Counsel will ever condescend to such unsafe destructive Attempts, the effecting whereof would not only draw a ruin insensibly upon the whole Nation; But endanger the very Root of Government. Whereas, now the Supreme Magistrate hath the mediate overseeing of all the Judges proceed in Westminster-Hall and they have an inspection into the proceed of all delegated and subordinate Judges and Officers, and a power to relieve the innocent and oppressed and punish the guilty; whereby the Supreme Magistrate may oversee the proceed of all the Judges of England and Wales, in and through the Crystal Fountain of justice which always aught to flow from the Courts at Westminster for the relieving and refreshing of all the oppressed injured people of the Nation; and thereby the Supreme Magistrate is the better enabled as judge over all judges to discern and determine such differences as shall or may arise either between the people or the several Courts and Jurisdiction of the Nation and Administer equal right and Justice to all the people under his Highness' Government and Protection. But least this discourse might fall into the hands of some incredulous persons that are no ways concerned to take notice of the manner of the proceed in Wales; give me leave to present to your consideration, three Affidavit, the Original whereof remain of record in the Chancery, and upper Bench; which will in great measure fortify the verity of the foregoing conclusions, and I dare affirm, if all other passages of like nature that have happened in the great Sessions held in those parts, this little treatise would swell into too great a Volume. Thomas Watkins of Bulith in the County of Brecon. Gent. maketh Oath that Elizabeth William's mother of Roger Price late deceased finding one Jeffery Williams at the last Epiphany Quarter Sessions held in Brecon did in Court lay hands on him and charged him with the murder of the said Roger Price her son, and acquainted the Justices, of the peace then and there sitting, that the said Roger Price was dead of the stab, and wounds received of the said Jeffery Williams, Hugh Williams his brother, David Williams, and Samuel Thomas, and prayed the Justices to commit the said Jeffery william's then & there present to the Goal, whereby he might be proceeded against according to law; Nevertheless the said Jeff. Williams was left at liberty upon ordinary Bail to appear at the last great Sessions for the County of Brecon. and the said jeffery Williams hath since been permitted to ride armed with his sword, and the said David Williams with a fouling piece to the great terror of the mother, wife and friends of the said Roger Price, and the said David Williams having threatened Thomas Phillip's brother to the said Roger for appearing for the Lord Protector against him, and the rest of the offenders in order to the bringing them to a fair trial; And the said David Williams did shoulder and jostle Elizabeth William's the mother whilst she was going peaceably in the street, that the said Elizabeth Williams taking notice of the premises and of the great Countenance given the malefactors, finding their power and interest to be too potent for the Prosecutor in the said County of Brecon. where she could not hope for a fair and indifferent trial and proceed against them, did employ this Deponent being uncle to the said Roger price to sue out a Certiorar. out of this Court for removing the Coroners Inquisition to this Court in order to a fair trial, in an indifferent English County, who on security given to prosecute with effect, obtained the same, & delivered the said writ to the Coroner, since the Inquisition made, by which the said parties were found guilty of Manslaughter on the Statute of stabbing, of the first of King james: since which time at the last great Sessions held at Brecon. before john Corbet Esq Justice there, the said Mr. Corbet was moved in open Court that the said jeffery Williams then and there present in Court might stand committed according to Law, and acquainted Mr. Corbet that the Inquisition was found, whereupon Mr. Corbet seeming highly displeased with the removal thereof, did check and discountenance the prosecutors Counsel and permitted other Counsel to speak against the said writ and removal of the Inquisition, and Edmond jones Esq Attorney General there for the Lord Protector not speaking one word in behalf of the Lord Protector, and the Prosecutors in that behalf; but on the contrary moved that the said jeff. Williams might stand on his bail; And further deposeth that the said Mr. Corbet committed the said Elizabeth William's mother of the said Roger Price, and one of the Prosecutors and suffered the said Jeff. Williams to go at liberty on his bail, and did not as much as Issue a Warrant to apprehend any of the said Offenders; but did also so far appear against the Prosecutors and the Interest of the Lord Protector that he checked the Coroner and called him a knave and examined him against himself on oath in court merely for his careful discharge of his duty on the Lord Protectors behalf: as this Deponent verily believeth; & the said M. Corbet did examine the foreman of the Jury in open Court against the Coroner & the Lord Protectors Interest, & against himself as this Deponent taketh it, and afterwards privately examined him in his Chamber, and refused to Administer an oath to the said Elizabeth Williams on her Affidavit produced in writing touching the Premises, a true Copy whereof is hereunto annexed although the said Elizabeth did render herself to be sworn to the truth thereof, first in his Chamber, and afterwards in open Court who then kept the same: Wherefore, and by reason of the potency of the Malefactors in the said County this deponent being Uncle to the said Roger Price deceased, and one of the Prosecutors for the Lord Protector cannot hope, or expect to obtain Justice, or any fair or indifferent proceed in the said County of Brecon. against the said Malefactors, for the said horrid murder whereof they stand as afore said indicted; And the rather in regard John William's Esq late high Sheriff of the said County being brother to 2. of the said Malefactors; and Edm. 〈◊〉 Attorney Gen. there, being a special friend to the said Jo Williams & his brothers, who contrary to his duty the last great Sessions neglected the Prosecution of the said Malefactors; And further deposeth that he was credibly informed that the said Malefactors and their Complices did way lay this deponent to take away his life, in his Journey to London this term. Thomas Watkins. Sworn the 15th. day of May, 1655. before me Hen: Roll. REes Gwyn of Llanlloelvell in the county of Brecon. Gent. maketh oath that this deponent being indicted for Barratry in the County of Brecon. upon the malicious Prosecution of some of his adversaries, and finding his Prosecutors too potent in that County, where he could not expect to receive an indifferent and fair trial, this Deponent did sue forth a Certiorar. out of this Court of upper-bench returnable Michalemas Term 1653. in order to a fair trial in an indifferent County, and delivered the same with the Fee to John Corbet Esq then, and yet Justice there; who allowed the same; & this deponent paid the Prothonotaries Fees for certifiing the Record, that this deponent being before taken on process to appear that Sessions; and having given bond to the Sheriff for that purpose, and appeared, and had his writ of Certiorar. as aforesaid, allowed; The said john Corbet did afterwards threaten to extreat the said Bond, unless this Deponent would wave his Certiorar. which he was forced to do to save the suing of his said Bond, which nevertheless was sued: And this Deponent coming to trial on his Traverse, and twenty four able men returned by the Sheriff, the said john Corbet did lay aside the said Jury, and caused another Jury to be immediately Impanelled, who were many of them, this Deponents professed Enemies, and one of them; Viz. William Vaughan, one of the grand Jurymen who had first-found the Bill, by which means this Deponent was found guilty, and fined by the said john Corbet 200 l. and ordered to be Imprisoned until he should pay it. And after some time of restraint this Deponent was discharged out of Prison, with a purpose, as this Deponent believeth, to levy the Fine on his Estate, which in part was effected, and about the value of 40 l. of his Goods seized, and sold for about 16 l. whereby he endured a double punishment for one supposed Crime, and this Deponent having since by advice of Counsel taken out a Writ of Error in this cause, returnable in Hillary Term last, did deliver the same to the said john Corbet at his own then dwelling place, and tendered him his Fee which he refused to allow; And in Hillary Term last, this Deponent renewed the said Writ returnable in Easter Term last, and again tendered him the Writ and his Fee at his then dwelling place, which he refused then to allow: But wished this Deponent to tender it in Court at Brecon. Sessions than next following, and there he would allow it. In pursuance whereof this Deponent did in Brecon. Sessions held in April last, as well in his Chamber as in open Court, tender him the said Writ & his fee, which he refused to allow. And this Deponent further deposeth, that on his said enlargement he was forced to be bound with two able Sureties in a Recognizance of 400 l. for his appearance the first day of the last great Sessions in Brecon. and in the mean time to be of the good behaviour; Notwithstanding this Deponent, hath, as he doubts not but to make appear, performed the Condition of the said Recognizance, and duly appeared and attended in Court every day of that Sessions, and until it was adjourned, yet since there is a Scirifacias sued out on the said Recognizance. By all which ways and means, this Deponent is in danger to be ruined in his Person, Credit, and Estate; The said john Corbet having declared, he would address himself to all the Judges of Westminster, and would use his utmost endeavour to have this Cause determined and concluded, by, and before himself and none other. And this Deponent is credibly informed, and doubts not to make it appear, that the said john Corbet so far appeared herein against this Deponent, that he solicited the extending of this Deponents Lands and Goods for the payment of the said Fine, and applied himself to several persons for that purpose. Rees Gwyn. Sworn 7th: day of June, 1654. before me Hen: Roll. Between Rees Gwyn Gent. Plaintiff, John Corbet Esq Defendant. THe plaintiff Rees Gwyn maketh oath that since he this Deponent delivered the first writ of Error unto the Defendant, Corbet (which was in Michaelmas Term 1653.) he this deponent hath expended in Journeys to London, and otherwise, to force the Defendant to return the Writ of Error and Record into this Court of upper-bench, above one hundred pounds, and upon the delivery of the last Writ of Error to the Defendant he demanded his Fee for allowing the writ in a jeering manner, using these words in open Court No penny no Pater Noster; And although his Marshal in his presence and by his approbation received six shillings eight pence as a Fee therein, he the said John Corbet hath not yet returned the same, though he then promised to return it. All which rends to this deponents great damage and prejudice. Rees Gwyn. Sworn the 22. day of Feb. 1654. Edwin Rich. THese things being premised what man of reason can esteem it convenient to debarr that Nation of so high a Birthright as the benefit of Appeals to the Courts at Westminster, by Certiorar. Habeas Gorpus; Writs of Error, Quo minus and Subpaenas out of the Exchequer, and Subpaenas out of the High Court of Chancery. To conclude all, if this ancient Right and Freedom be taken away, the Inhabitants of Wales will be deprived of the most considerable branch of liberty that belongeth unto them, & I am persuaded, & partly know, that many of the most ingenious amongst them, & of considerable estates there, will be enforced to sell their Inheritances, & forsake their own native Country: rather than live under such an Arbitrary power as is herein before demonstrated, which to a noble or ingenious mind will be a greater bondage then to serve in the Callies as a conquered Slave. FINIS.