JUSTICIA PRESIIGIOSA, OR JUDGES TURNED JUGGLERS. Supplicating for the common good, the House of Commons in Parliament, against a greevance, none more common by contempt of their just Order, and for vindication of their justice, and raduced by these desperate Malignants into Injustice, and despicable imposture, by colour of executing such Order, whereof there will need no other Constat then their own Records, digested into eight Article, of Impeachment. In this Petition annexed. Discite justiciam moniti, etc. LONDON, Printed in the Year, MDC. XLIIII. Burgo. de Southwark. The Inn called the Wallnut-Tree, the third part of the The Subject of his jagling. 16. houses called the Walnut Tree, held in Capite by Knight's service. CVtberd Beeston in 22 Eliz. seized in feesimple of these The Title houses Devised 2. parts thereof into 3. parts to be divided to George Ward in Fee upon condition for charitable uses, leaving the third part to descend to Agnes Brook his heir general, who in 26. Eliz. by fine and conveyance assured her 3. part in fee expectant u●on her decea●e to Robert Smith the elder, and Frances his Wife, whereby this third part is settled. Cutberd Ward Son and heir of George Ward the Devisee entered into the 2. parts, and in 16. JAC, died leaving srew. his his sister and heir now wife of Richard Cosford. Agnes Brooke, Beestons' heir entered into the 2 parts for breach of the condition, and 14. IAC. died without heir, whereby the 2. parts escheated to His Majesty, who emised the same for 48. years to Arthur Yorth, who together with Robert Smith Son and heir of Robert Smith the elder, and Frances his wife were Tenants in common of their ●aid respective parts, upon their said several Titles, until Cosford by colour of his Title to the two parts, hath outed the petitoner Smith from his third part in Midsummer Term was twelvemonth by illegal proceeding in the Exchequer, in a suit for the two parts between the said Cosford and Yorth, whereunto the Petitioner neither was party, no● his third part in question, as by the proceed in particular here related appear. Justicia Prestigiosa, OR, judges turned jugglers. To the Honourable Assembly of the COMMONS HOUSE OF PARLIAMENT. Aeneid Et vacat Annales Anglorum audire laborum. The humble 〈◊〉 of Robert Smith tending to Reformation of a grievance so public that 〈◊〉 King nor Subject having possessions but are concerned therein, not containing matter of Law to amuse this Honourable Assembly, but 〈◊〉 and juggling demonstrable by a Record of division of sixteen Houses by Commission of the Court of Exchequer, against Sir 〈◊〉 Davenport Knight, Lord chief Baron, Baron Trever, and Baron 〈◊〉, of the said Court, Richard Co●ford and his Counsellors, whereby the third part of the Houses being the petitioners inheritance divided from the other two par●● of the said sixteen houses, and as a third part so enjoyed these ten year's 〈◊〉, and not claimed by any; is ●●oducted from the Petitioner, and In return natura not to be found. Showing that the Petitioner being seized in Fee, of the third part of these sixteen Houses into three parts to be divided, called the Wall Nuttree in Sotthworke, as Tenant in Common with Arthur Troth, His Majesty's Lessee of the other two parts, one Richard Cosford in 2. Car. exhibited his English Bill into the Exchequer against the said Yorth, thereby claimeing in right of his Wife the two parts, and questioning the validity of an inquisition, whereby his Majesty was entitled to the two parts: and because 〈◊〉 Writ of partition lay in the King's case obtained Order 18. Movemb. 7. Car, for a Commission by a jury impanelled in due form of Law, to set our and divide these 16. houses in three equal parts, whereby 15. of them were set out for his Majesty's two parts, and the sixteenth and ●ast house in the devisor named the Wall-Nu●tree, in the Tenure of Robert Willmott, of 35. l. yearly Rent was set out for the third part of the said sixteen houses, as by the Com. returned by the Commissioners, and jury of Record, in the 〈◊〉 〈◊〉 〈◊〉. That 2d junij 11 Car. the Court upon full hearing, having discovered The proceed, or Iu●gling. a practico in Cosford and his Council: for that C●sf●rd by Order of 31. jan. 5. Car: 〈◊〉 barred to proceed or question the said Inquisition, did not witstanding 18. Nou. 7. Car: being two years after, upon wrong informing the Court by his Council, that he only claimed the third part of the said 1●. houses, and the defendant the said other two parts obtain Order for setting the said 15. houses, as the two parts so divided in the defendant, and the said Messageth third part in him the said Go●ford, whereby the Petitioner no party to the suit, nor his said third part questioned, was not with 〈◊〉 by Injunction of the Court owted for three years, from the said Message his third part. Ordered upon the said 2d of june, 11. Car: that the Petitioner should be forthwith restored to the said third part, of the said 16. houses, and to the 〈◊〉 profits thereof, wrongfully withheld by Carford, by colour of such Injunction, notwithstanding any fo●mer Order, and in pursuance of that Order, C●sford by a relative Order of 6. 〈◊〉 12, Car: stood committed for breach of the said final Order, of 2. Iuni●, 11. Car: and until he yielded obedience thereunto. That 〈…〉 Order, the Petitioner was by another 〈◊〉 Order 〈◊〉 14 〈◊〉, 〈◊〉 Car: restored to the said Message his third part, by an Injunction to the Sheriff, which having 〈◊〉 quietly seven years, and probably presuming of no farther 〈◊〉, by like practices did improve it by building to the double 〈◊〉 of the other 〈◊〉 part 〈◊〉 Cosford about the beginning of this Parliament, or 〈◊〉 〈◊〉 for the two parts, 〈◊〉 (as by the 〈◊〉 appeared) 〈◊〉 another like ow●er of the Petition from the said Message, upon his said claim, to the said two parts in his Petition to this Honourable Assembly, having obtained some opinion or Resolve of this house, enabling him to prosecute for trial of his Right to the said two parts at Common law, and thereupon two deriveative Orders of the Exchequer upon his old Bill, the one of 8. julij 17. Car: the other of 1. Febr. 17. Car: for him to seal a Lease upon the two parts for trial of his Title, in that Court by an Ejectment, whereunto the Defendants were to appear gratis and plea●, the said Cosford in abus● and contempt of both Cour●s and Order thereof, did not seal such Lease upon any the said fifteen houses the two parts, as by both Courts he to stood ordered, 〈◊〉 upon the said Message, the third part so divided restored and improved by the Petitioner, then in possession of the said Willmott, Tenant of all the 16 houses the three parts. And in Hillary Term was two year having declared in the said Court in the name of his Loss. Banfield against the said Willmott so handled the matter between them, by collution for their own ends, to place the trial upon a wrong house, that albeit, by neither of th●se Orders, nor any other Order or Process, Wilmott was not bound either to appear or plead to such action, yet both appeared gratis, & by colour of the said Orders pleaded thereunto, and so farther proceeded that in the beginning of Midsummer Term than next following, by colour of a judgement had in that Action, the said Wilmott was evened, and the said Lessee of Cofford put 〈◊〉 possession by the sheriff, this Petitioner thus being the second time outed from the said Message, and so remaining to his damage of 200. marks. Further showing that before any trial by such contempt and collusion the Petitioner in prevention of this last Ow●er in March was two years, caused C●sforid to be apprehended by the Warden of the Fleet, by force of the said Order, of 6 〈◊〉 12. Car: until he yielded obedience to the said final Order of 2d. 11 Car and permitted the Petitioners quire, enjoying the said Message, and payment of the said mean profits, but being brought by Heb-Corpus before Baron Weston, was by him 〈◊〉 larged upon his bond to appears in Faster Term than next, at which time upon his appearance he was discharged without any obedience to the said final Order, or any other cause appearing in the said Order of discharge, of 29. Apr. 18 Car: That in farther prevention of the said last ow●er, and divers 29 Apr: 18. Car. days before the trial, the Petitioner moved the Barons in C●urt for Recommitment of Casford, until he yielded obedience to the said final Order of 2d. junij. But the Barons, averring point blank contrary to the said Record of Division, that that the oryall was for the two parts 13. Maij 18. Car. Ordered the said trial to proceed upon the then next Friday, whereby the Petitioner was so owted again from the said message his third part. 13 Maii. 18. Car. Whereby it appeareth that by these two several contempts, and abuses of both Courts by the Parties to this suit upon a Bill of 20. years antiquity exhibited for the two parts but never proceeded to trial, or ●●all decree; that the Petitioner no party to the suit, nor his third part ever questioned in either Court, yet by contempt and abuse of both Courts and Orders aforesaid, hath to the high dishonour of both Courts by imposture of the Barons evidenced by the said Division, the only Liber ●udex of the parts, been thus often turned from a Tenant in Common, to a Tenant in several, and to no Tenant at all. The offences charged for which the said Barons hereby appear worthy to be censured are; FIrst for arrogating to themselves Iu●licature of Land not within the jurisdiction of that Court, to hold plea being no part of His Majesty's Revenue but the Petitioners inheritance, and so adjudged by them as appeareth by the said final order of 2 juvij. 2. For evicting him by that order of 18. Nou. 7 Car. upon bare information of Council not presidented by any other Court of justice. 3. For twice evicting him from Land not in question before them. 4. For evicting him being no party to the suit. 5. For enlarging privately a Deliuquent committed for contempt of an equitabl● Order by themselves in open Cou●t upon full hearing by a Common Law of Haib. Corpus, and afterward discharging him as aforesaid. not unlikely that incongruous Painter in Horace, Humano capiti etc. 6. For their bold and untrue averment of the parts contrary to the said division, and whereupon the Order of 13. Maii 18. Car. for the second onster was grounded. 7. For evicting the Petitioner the second time by colour of the said Resolve of Parliament made thereby a stall for corruption and injustice. 8. Lastly ejucting him by the said Order 13. May 18 Car. from that Messages as part of the two parts whereunto by the said finell Order of 2d. june, they had formerly restored him as the third part in one and the same division, Secum dissidentes, by a Mod, Ajun● modo negant. The damages sustained by wilful ruins and felling away the very P●sts and materials by Cofford during the three years, he held the Inn after the first onster.— 300 l. The mean profits for those three years after the rate in the division of 35 l. yearly Rent ordered by the said final Order of 2d. Inn, to be restored— 105 l. The mean profits since the last owster for a year and quarter at 65 l. Per aunum— 080 l. The charges unnecessarily expended in a sui●e of fifteen year's continuance in matter and fair practice so little concerning the Petitioner.— 500 l. His most humble prayer for himself is that according to that just Order of 2d. Inn. (whereto no exception hath been taken) he ma● be restored to the said Message with the said damages, and costs wherein if Cofford prove insolra●t, that by reason of such illegal enlargement ● 〈◊〉 ● said Barons, as Par●icipes 〈◊〉, may be responsal and that however Coffords Co●●ell by impu●ity thus licenc●ate in their wrong information and by Affid appropriating the cause, though also Barons in expectation may escape the sword of justice, yet that the plaintiff termed by Master Attorney, Noy cerdo negotiator, or Cobbler of the Wall, Nutt-Tree, who for refusing a Dicker of Leather for his Tittle to the two parts, was thought fit to be banished, may now be banished for making no better use of his Bill. And how ever juridicis erebo fisco fas vivere rapto, may perhaps seem to Gent. of the long Robe false or scandalous, yet upon Oyer of these Records, it will fall out too true, that these three met upon this division of three where wrong informing the Court by the Lawyers, belying the Innocent Record by the judges; The Devil Moderator so well agreed the case between them, that this Naboth was thus twice disseized by a Court of justice. And certainly Right Honourable if Ex prescripto Mosaico, the judgements of men be the judgements of God, and Munera o●●acant 〈◊〉 〈◊〉; be positive against these 〈◊〉, thus twice lost in premo numero imparium, and if dissolution of States and injustice are so 〈◊〉 〈◊〉, that because Omnia Roma venalia, Iugu●th in Sallust truly denounced against that great Mistress of the world, Vrbem ci●o p●ritu●am, a sufficient Caveat for Devisis or be Brita●● against their fel●● devisions and distractions, h●d the Masaicall lapidacon Perstian excoriation, the Roman Insuision, or 〈◊〉 exocculation, for such occaecation been put in execution against our Municipal Scarlets lately noted, more licenciate than civilians, who although also wading in these lay stalls of Augeus (silly men) in their sentences never dared traduction of justice beyond matters opineable, whereas those bold Barons in defiance of God and Nature throwing at no less the● all, thus have with their Religion 〈◊〉 the visual sense, becoming thereby Stocks, and Subjects of scorn to, Marshal's mugiles Raphanique, Nominal Actors of injustice in Mercurius Britannicus, and by Bishop Hall, Cambrobritanous Owen, and indeed by every weltch Epignani●●st, expanded the only persons, who by their devisions make all their Terms Hillary, although to the ruin and dishonour of this otherwise most flourishing State, wherein how deeply they have offende●● both divine and humane Laws, and for the common good what exemplary punishment shall be thought fit and agreeable with their demerits, the Petitioner humbly leaves to the high wisdom of this most Honourable Assembly; For whom he will pray. In libera civitate Augustus voluit etiam linguas esse liberas. FINIS.