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, Kn ●. 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 damn.  
Ex legibus illis quae non in tempus aliquod, sea perpetuâ utilitatis causâ in aeternum latae sunt, null: abrogari debet, nisi quam aut u sus ceärguit, aut status aliquis Reipublica 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 less profit than hath been long necessary; I have presumed at the instance of some, to Dedicate 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 find 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 continue 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.  
First, We have granted to God, and by this present Charter have confirmed for Us, 
Cap. 1. Liberties.  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.  
Here be four rehearsals (saith the Lord Coke) of four notable causes of the making this Law. 
Lord Coke upon Mag. Chart. Fol. 1.  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 inconveniencies 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 then 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.  We, 
Cap. 8. Debt. Debtors. Sureties.  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 nought wherewith to pay, or will not, where he is able enough; Then 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. 
We (saith the Lord Coke) spoken in the politic capacity of a King, 
L. Coke upon M. C. fol. 19  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 extend all Lands, Goods, Chattels. etc. and 〈◊〉 take and imprison the Bodies, as by that 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 nought wherewith to pay, through decay of their estates by unavoidable necessities; then 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. No Free man etc. And for his Estate, as much as the proverb saith; Where nothing is to be bad, 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 our of the same, to their no small prejudice, if not undoing, whereby many are injured through one man's occasion. If therefore this Act ought 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 void; (as appeareth in the L. C. preamble) And all such Statutes as were made before the 42. of Ed. 3. against Mag. Chart. were then replealed: 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.  The City of London shall have the old Liberties, 
Cap. 9 London etc.  and customs which it hath been used to have. Moreover We will, and grant, that all other Cities, Burroughs, Towns, and the Barrons of the five Ports, and all other Ports, shall have their Liberties, and Free-customs. 
This Chapter (saith the Lord Coke) is excellently interpreted by an ancient Author (quoting the Mirror in the Margin) who saith, 
L. C. upon M. C. fol. 20.  that by this Chapter, the Citizens of London ought 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 less 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?  Common-Pleas shall not follow Our Court, 
Ca 11. Common. Pleas.  but shall be holden in some place certain. 
Before this Statute (saith the Lord Coke) Common-Pleas might have been holden in the Kings-Bench, 
L. C. upon M.C. fol. 22, 23.  and all Writs returnable unto 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 Ubicumque suerimus 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 he 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, lest 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 ought not to be holden in the Kins-Bench, nor all Writs be returnable into the same Beach? 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 no Writ in Law for debt, but a Justicies, which is a judicial Commission to the Sheriff to determine the matter, Nè amplius indè clamorem audiamuus: So that the Kings-Bench ought 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, succestively distant fifteen days one after another, is the only Process at Common Law? The Kings-Beach, and Common-Pleas ought 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, advise, 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 Latitar, which express themselves to be for Trespass? Are not those Writs still returnable ubicunquè suerimus, 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 then, 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-Beach, 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 Stature. 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 less in the Lo. C. to say and write 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, ought 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 then 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 plead 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 fal●e 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 nor take away such privileges, when the Lo. C. himself saith, that all Statutes ought 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 ought 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 Munther 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 of both or either? Why therefore doth the L. C. call it a privilege to the party in Custody, when it appeareth to be no benefir, 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 they 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 ought 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 ought 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 ought 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 send 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 honestmens' 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.  A Freeman shall not be ameirced for a small fault, 
Caput 14. Ameirciaments.  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 Durs, 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 caths of honest men of the Visionage: Carls, 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 tevement, and the quantity of his trespass. 
A Freeman here, 
Lord Cook upon Magna Charta fol. 27.  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 Domandants from unjust suits, and Defendants from unjust defences, which was the cause in former times of fewer suits, etc.  
If amerciaments were instituted to deter Plaintiffs from unjust suits, 
Expost and Quer.  and Defendants from unjust defences; and were the causes of fewer suits in former times; how comes the Law turned to a shadow in the Lord Coke time? when in the Kings-Bench, and Cmmon-Pleas, am erciaments 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.  
No town, or Freeman shall be distrained to make Bridges, or banks, 
C. 15. Bridg. Banks.  but such as of old time, and of right have been accustomed to make them in the time of King Henry our Grandfather.  
No Banks shall be defended henceforth, 
C. 16. Banks.  but such as were in defence in the time of King Henry our Grandfather, by the same places, and the same hounds, as were wont 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 diver Rivers and their Banks were in his time appropriated, and blocked up by divers persons, to debar common-fishings, which were wont 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.  No Sheriff, 
C. 17. Pleas Crown  Constable, Escheator, Coroner, or any other our Bailiffs, shall hold Pleas of the Crown. 
One mischief before this Statute, 
L. Coke upon M. C. 30.  was (saith the Lord Coke) That no Court, but the King's chief Court, could command Bishops to give their clergy to such as ought to have it: another cause was, That the life of a man ought 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 Liberti●s and Customs, as are not afterwards in the same Charter by express words taken away, and assumed to the Crown.  
Might not the King's inferior Courts command ordinary Ministers to give men their Clergy? 
Expost and Quer.  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: but 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 those that formerly had them; dor●● et follow, that he resumed all Ple●● from 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 elsewhere? Are not Commissions of Oyer and Terminer, usual for Trial of men's lives, where Judges of the Kings-Bench cannot reach, or dare not go? Doth not London and other Corporations execute their Charters by their Recorders, when the Kings-Bench gives them leave; and then 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.  All Wears from henceforth be utterly put down by Thames, 
C. 23. Wear●, etc.  and Medway, and throughout all England, but only by the Seacoasts. 
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: 
L. C. upon M. C. fol. 38.  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 off 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 in chroacheth, or maketh that several to himself, which ought to be common to all, or many; and every public River, or stream, the King's High way.  
If Wears be nuisances (as I am sure they are) throughout England, 
Expost and Quer.  and Wales; and if Commissioners for Sewers, and Justices of Peace for want of them, be sufficiently authorized to reform such wrongs, and do not, because chief doers thereof, or sharers in the unlawful gain made thereof themselves: why not Justices in Eyer employed to execute their charge, for the general amendment thereof, for the public good?  One Measure of Wine shall be throughout our Realm, 
C. 29. Measures, etc.  and one measure of Corn, 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. 
This Act concerning Measures, 
L. Coke upon M. C. fol. 49.  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 hath been often enacted, but never effected.  
If Weights and Measures throughout England ought to be one, 
Expost and Quer.  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?  Nothing shall henceforth be given for a Writ of Inquisition, 
Ca 16. Inquisition.  nor taken of him that prayeth the Inquisition of Life, or Member, but it shall be granted freely. 
A Writ of Inquisition, 
L. C. upon M. C. fol. 42.  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.  
If a Writ De odio & atia was given by the Common-Law, 
Expost and Quer.  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?  No Freeman shall be taken, 
Ca 2.9. No Free man etc.  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 sell to no man, we shall deny, or defer to no man, either justice, or Right. 
Freeman extends to Villains both Sexes, 
Lord Coke upon Mag. Chart. Fol. 46 etc.  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 disseised, 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 off 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 sell 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.  
First, 
Expost and Quer.  If no man ought 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 ought 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 counterfeited 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 prosit of such unlawful practices? Cannot the Judges at Westminster be contented to have counterfeit 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 plead 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? Then (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 ought 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 Humsrey 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 less 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 find 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 respects, 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 sell 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 send 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 find Bread for their Wives and Children at home; who perhaps are forced to fast by that means, and to sell, or pawn their Cows, or Clothes 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 Planriffs 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 wont to Buy their Offices of the King's Servants, and therefore to Sell 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 so to be Reform? Is it any reason that any should Buy Justice, and not Sell 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 wont 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 Trespass, their Oaths that the Trespass amounteth to 40 f or more, or else let the Suit be Tried in the Sheriff's Court at home, according to the Statute of Gloucester, 6. Ed. 1. cap. 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 ought 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 sports 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 Grace 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 ondeth this, and it together, saying, We ratifying and approving these gifts, and 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, b●fore the King, or the Justices of the Bench, or before Justices in Eyre, when they come into those parts, etc. And the offenders when they be convict shall be grievously punished by our sovereign Lord the King, in 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 ought 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.  Edward by the grace of God, 
Cap. 1. Charters.  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 Father, 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 Whits, in the which shall be contained that they cause the foresaid Charters to be published; And to 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. 
The Title of this Statute (saith the Lord Coke) is Confirmationes Chartarum de Libertatibus Angliae & Forrestae, 
L. C. upon Cons. C. f. 526.  viz. The Confirmations 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 is 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 then 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 inconveniencies, which oppressed the whole Realm, before the making thereof.  

Expost and Quer.  Doth nor 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 send 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 then 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?  And We will, 
C. 2. Judgements.  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 nought. 
Whatsoever Judgement is given against this Statute of Magna Charta, 
L. Coke upon Con. C. f. 527.  etc. is made void 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 fair & pur nienttenus, viz. as the Stat. Englisheth itself, It shall be undone and holden for nought.  

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 nought? 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 send 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 ought 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 proceed 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.  And that all Arch Bishops, 
Cap. 4. Excom. etc.  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. 
This Excommunication the Prelates could not pronounce without Warrant by Authority of Parliament, 
L. C. upon Confir Cart. f. 527.  because it concerned Temporal causes.  

Expost and Quer.  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 for ever, 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. Cham 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 continue 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 ought 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 not 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 shun 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, Berons', &c. 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.  
And let us note, 
Expost & Q.  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.  The Year of our Lord One thousand two hundred fifty three, 
Excomunic. prim.  the third of May, in the great Hall of the Ring 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 Bigor Earl of Norfolk and Suffolk, Marshal of England; Humohrey 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 Reform 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. 
What though the Form of this Excommunication be Popish? 
Expost and Quer.  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 pronoucing Sentence, and the other in Executing it; doth not once pronoucing, & once executing of such one Sentence of Law, as concerneth all Ages, Sexes, and Conditions of People to learn and remember, no less 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 8ds. 1ᵒ. viz.  In the Name of the Father, 
Excom. 2.  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 Cauterbury, 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 all 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 all the Sacraments of Holy Church, do sequester, and exclude. 
Doth not the word, Hereafter, 
Expost & Q. 1  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 ought 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 find more that may. And first, the Statute called Articuli super Chartas, viz. 
Stat. of Artic. on the great Chart. A. 28. Ed. 1.  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.  
For as much as the Articles of the great Charter of the Liberties of England, 
Preamble.  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 ●8 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 witted 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. 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, 
Justices of Oyer & Term.  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 unto their Offices. And besides these things granted upon the Articles of the Charters aforesaid. The King of his special Grace for redress of the grievances that the people hath sustained by reason of his Wars, and for the amendment of their Estate, & to the intern 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 liege. people, but also shall be as much profitable, or more, than of the Articles heretofore granted.  
One of the causes for the making this Act, 
L. Coke f. 537, 538, 539.  was (saith the Lord Coke, as in the Preamble is suggested) that there was no certain punishment in 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 read (saith he) Pain ne fuit execute, and that is true in effect; but the Original, is, Pain ne fuit estable; that is, no pain was set down certain: And (saith he, fol. 539.) This Act had but the force of a Charter, until confirmed by this Parliament, the 34th Ed. 1. And that these Charters should be read four times in the year, in full County, here is an order taken for the publishing. And Ou remedie ne fuit avant, etc. is to be construed (saith he) where no 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 ought 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 ought 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 brethren; 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 then 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. 1? 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 Annais, part, poster. fol. 113. b. confirm the same? And add that K. Hen. 2. divided the Realm in six parts, & settled thre● 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 the 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 then, and yet is, of Coroners, and so it was then, and yet is, of Knights of the Shire for Parliaments; and of the Verdors 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 ought not all such Acts to be void, (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 less formality than ever any Popish Bull was, (keeping a man off 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) ought 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 faults, 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 send 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 here withal 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, Piecipitat? Doth he not ground this course, for suppressing speedy justice by Writs of Errors, upon the resolution of the judges at Westminster, which he all leadgeth 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 (sol. 559.) 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.  The King hath granted unto his people, 
Cap. 8. Elect. of Sherifts.  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.  In summons and Attachements in Plea of land, 
C. 25. Summons & A. ●ach.  the Whits from henceforth shall contain 15. days full at the least, 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. 
Upon this I must ask, 
Expost and Quer.  Is not a Writ of Debt, Summons? Should not that be given to the party which ought 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.  Such Executions shall be done of them that make false Returns of Writs, 
Ca 16. False Retur. of Wr.  (whereby right is deferred) as it is ordained in the 2. Statute of Westminster, with like pain, at the King's commandment. 
This is an Act of Confirmation, 
L. C. upon Ca 16, f. 568.  whereby the Statute of Westminster the 2d. cap. 39th. touching false returns, is confirmed.  
Doth not the 2d Statute of Westminster cap. 39 say, 
Expost & Q.  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 L●ndon, 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 anathemas 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.  Ye shall Swear, 
The Oath of the King's Judges  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 in 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, not 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 may, great or small, but of the King himself. And that Ye give none advise, nor Counsel to no man, great nor small, in no case where the King is party. And in case that any of what Estatt or Condition they be, come before You in Your Sessions with Force, and Arms, or other ways 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 else▪ where 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 ought 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 ought 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 send 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, lest 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 Pa●●ntees 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 brethren 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 Stanford, 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 less 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.  
First, 
Cap. 1.  We have commanded all Our justices, that they shall from henceforth, do even Law, and execution of right to all our Subjects rich & 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. And in that any letters, 
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) And to the intent that our justices should do even right to all people, 
Justice  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 ought 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 die? Did not, or ought 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 advise 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) omit 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 Judges as were the greater Delinquents for suffering them so to offend? and more for consenting thereto? And more than that, when they advised 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? What doth the manifest extortion (a sin no less prohibited than Sacrilege) of so many achan's, 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 40. attingunt, vel excedunt secundùm legem & consuetudinem Angliae, sine brevi Regis placitari non debent. See the Lord Coke upon the 35th Chap. of Magna Charta; and upon the Stature of Gloucester fol. 310. & 312. Hundreds, and Court Burons 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 less; and to Outlaw him in the Common-Pleas, if he come not; which example other Courts of Record follow too much.  2. As Superior Courts ought not to encroach upon Inferior, so the Inferior ought not to defraud the Superior, of those causes that belong to them: viz. Neither aught a man be sued in any Court of Record for debt not amounting to 40. 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 ought to be admitted to plead 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 least: 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 ought 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 ought 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. & excommengm. t in Rast. abridge. fol. 65. and 148. And it ought 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. Dali 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 affront, 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 A●t. super 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 ought not to be seduced to transgress M. C. and the Petition of Right, by any Stat. that contradicts them, nor to lose 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, Under sheriffs, 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 ought by their Commissions, and Oaths, to punish all such offences, & do not, are no less than porjurers, 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 ought 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 bare 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 brethren; and Saul, Jeroboam, etc. were confounded by, and for their own Apostasies.  

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 Authorized, and sworn to hear and determine, without fear, favour or respect of persons. How then 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 not 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, less 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) ought to be deserted and waved by all good Patriots of their country, as excommunicated persons, and breakers of M. Chà. 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 sell, 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.