THE NEW Returna Brevium, Or the LAW returned from WESTMINSTER And restored in brief to its Native, Ancient, and Proper Habitation, Language, Power, Purity, Integrity, Cheapness, Briefeness, Plainness.  
Rescued out of the Sacrilegious hands, barbarous disguises, enigmatical intricacies, lucrative constructions, extorted verdicts, falls Judgements, & bribeful Executions of her perjured Imposlors, falls Interpreters, jailers', Catchpoles, Attorneys, &c  
Whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charles, and confirmed by this (Although to be found in larger Volumes) for cheapness to the Generality to inform themselves what is their Rights.  
Written by John Jones of the Neyath in Com. Brecon Gent.  Micha. 6. v. 8. 
He hath showed thee O Man, what is good. And what doth the Lord require of thee, but to do justly, and to love mercy, and to walk humbly with thy God.  
LONDON, Printed by William Dugard Anno Dom. 1650.   

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

THE NEW Returna Brevium; OR The Law returned from WESTMINSTER etc.  
DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diversity of their opinions, and self-ends premised therein; for the effecting whereof, they would have their several Propositions disputed; some for Alterations, others for Additions, others for Subtractions; all for Corrections; but few or none knowing how to mend Magna Chart. more than Magnificat; nor really studying, but how to mar both. Observe how the work directeth itself how it would be done: For as saith the Mirror of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordained (viz. by King Alphred long before Mag. Chart. or the Norman Conquest) that Right should be done from 15 days to 15 days, before the King and his judges: and from month to month in the Counties (if their largeness required not a longer time:) And that every three weeks, right should be administered in other Courts. And every free Tenant had ordinary jurisdiction, etc. And before pa. 1. The Sheriffs and Bailiffs caused the Free Tenants of their Bailywicks to meet at the Counties and hundreds, at which Justice was so done, that every one so judged his Neighbour, by such judgement as a man could not elsewhere receiv in the like cases, until such time as the Customs of the Realm were put in writing, and certainly established. And although a Freeman commonly was not to serve without his assent; nevertheless it was assented unto, that Free Tenants should meet together in the Counties, Hundreds, and Lord's Courts (if they were not specially exempted to do such Suits,) and there they judged their Neighbours. And again pa. 8. It was ordained, That every Plaintiff have a remedial Writ from the King (who reserved all Pleas of the Crown, and above 40 s to himself) to his Sheriff in this form.  
Questus est nobis etc. viz Complaineth to us A. that B doth him such and such wrong, We therefore committing to thee our Turn in this behalf, command thee to hear and determine that cause. Their Jurors were judges: And why do Judges now at Westminster (that can be no more absolute Judges by their Commissions, than Recorders of Cities by their Charters, Sheriffs in Counties and Stewards in liberties were by their Writs, at this time when Free English men understood their laws then known and practised in English) usurp more than those Judges did, or these aught? viz. to be more than only pronouncers of the substance of Jurors verdicts aswell for Law as Fact; which pronunciation is and aught to be but as a Declaration of Kings assents to the due execution of that Law, which they and their people agreed upon in the great Charter, and its confirmation; to let the people know by these Judges, that then were, and still are, and aught to be called the Kings or the States, as authorised by their Writs and Commissions to pronounce their Master's consents for their parts to convict the party guilty as the Judges of the people (viz. the Jurors do by their verdicts, which are or aught to be their true say both for Law and fact for the peopl'es part & their own; which consents of Kings or States now called Judgements (because a full conviction of the guilty of both parts) if denied or delayed after verdicts, to be pronounced there accordingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an alias plur and Attachment ought to be granted by the Chancery-States, as you shall finds in Fitz nat. br. fo. 143. to imprison them till they do it, which is not usually done by themselves in every cause in Court, but by the protonotary of course entered upon Record, unless respite be required upon good cause showed. And the execution which ever issueth in the name of King or State relateth to the Judgement, Conviction, which implieth both the Judgements of Kings or States and people as aforesaid.  
Would not therefore the common practice of the Laws and their plead in English as at first they were be more commodious and useful to instruct all understanding English men for their own good to become experimental sufficient Lawyers in their own causes, than the modern custom of hotch potch French and Latin imposed by Lawyers for their own gain to instruct few others of their own generation, to cheat the universality of the Nation of their rights and understandings, and make themselves, and their Counsels most learned in others affairs.  
And again, That every one have a Remedial Writ from the King's Chancery according to his plaint, without difficulty, and that every one have process from the day of this plaint, without the Seal of Judge or party. And again pa. 10. That after a plaint of wrong be sued, that no other have Jurisdiction in the same Caus before the first plaint be determined etc. And again that all the King's Courts should be open to all plaints, by which they had original Writs without delay aswel against the King or the Queen, as against any other of the People, for every Injury, but in case of life, where the plaint held without Writ: Why all at Westminster sit not between terms? And all elsewhere all the year long? Certiorari's, Corpus cum caussa, suppersedias, etc. issued thence, till the Judges at Westminster can be there at leisure to determine all matters, which the multiplicity of rich men's causes so monopolised thither cannot afford the poor to end theirs while they live commonly.  
And again page 11. That all Free Tenants shall be obedient, and appear at the summons of the Lord of the Fee; And if a man caused another to be summoned, elsewhere then in Fees of the Avowants, or oftener than from Court to Court, they were not to obey such Summons. Why then should any Freeholder of the County of Middlesex, or any liberty thereof (except Westminster, and St martin's legrand London) appear upon Summons at Westminster-Hall, which lately was the Fee of the Dean and Chapter of St Peter, and now is at the States dispose, to whom they pleas.  
And again page 12. That the Lords of Fees might summon their Tenants by the Award of their Peers, to the Lord's Court, or the County, or the Hundred, at all times that they detain, or deny their services in deed or word; and there they shall he acquitted, or forfeit their allegiance and all their tenancy with the appurtenances, by the judgement of the Suitors. And per contra, the Lords doing wrong to their Tenants, shall forfeit their Fee to the Chief Lord, by the same judgement. Observe the Freemen of every liberty than were, as still they ought to be Judges of their Lords for their fees, aswel as their other neighbours for their tenancies, and to end their differences there within their proper Fees respectively; and why not so still? And so let the chief Officers, Justices of Peace, and others of the Liberty of Westminster suffice for Judges for that precinct.  
And page 13. That offenders guilty of death should not be suffered to remain among the guiltless. Why Convicts for felonies, etc. in Newgate etc. amongst prisoners for debt?  
And that the Goods and Chattels of Usurers should Escheat to the Lord of the Fee. This law restored, would enrich the Commonwealth, purge it of many moths & Cankerworms, and teach men to live by their own labours, and not by others.  
And pa. 14. That none should be ordained Ministers above the number of Churches; and that the poor should be sustained by Parsons, Rectors, and Parishioners, so that none should die for want. How many die so daily now adays within every parish and parson's view? So much and more affirmed by Master Horn to be the Common unwritten Laws and Customs of England before Magna Charta; the Lord Coke in his preamble to his Institutions upon it, saith, It is but a written Charter, or Declaration in writing of the ancient laws of this Land, agreed upon by King and People to be published, and preserved inviolable on both parts for ever, and no new law made. Hereby further appeareth what hath been said of the agreement between King and People, that none should be judged by the King's Judges but by verdict of their Peers, called in this Charter due process of Law. In and by the 9th Chap. of which Charter, it is declared, That the City of London shall have the old Liberties and Customs which it hath used to have; Moreover we will, and grant that all other Cities, Burroughs, Towns, and the Barons of the 5 Ports, and all other Ports shall have their Liberties, and free Customs. Are not all these Liberties and Customs grown obsolete, and daily overruled at Westminster? And in the first confirmation of the said Charter 25. Ed. 3. ca 2. It is further declared, That all Instices, Sheriffs, Majors, and other Ministers having the Law to guide them, (viz. Mag. Chart. Forest, then written and published) shall allow the said Charter to be pleaded before them in Judgement: and cap. 2. That if any judgement shall be given henceforth contrary to the points of the great Charter, it shall be undone: where upon (saith the Lord Coke) the Laws of the Realm have the office to guide the Judges in all causes that come before them, in the ways of right Justice, which never yet misguided any that certainly knew them, and truly followed them.  
By these Collections of Mr. Horn before Magna Charta, and Confessions of the Lord Coke since, sufficiently appeareth That the Laws (if published to the people as they ought) would be sufficient to guide them all, in all the right ways of Justice. But the Justices at Westminster that would guide the Laws, as Pope's Scriptures, by their own Interpretations, having purposely disguised them in Pedlar's French, and barbarous Latin, that few but themselves can construe; and forms so errorable as they can devise for themselves to mend when they list; which happeneth sometimes for the rich, but rare or never for the poor; and thereby denying, delaying, and selling Justice at their own rates; And their Fry, sitting in the house, are the subverters of the Laws, as their Predecessors always were, and thereby the continual causers of all the Civil Wars of England; and besides all that, (under colour of Justice) murderers of more English men then all the Wars, Plagues, and Famine, which reigned in their times, destroyed without them: Witness their Statutes made and maintained against Magna Charta, for their murdering of Debtors in Prisons, with tortures and famine, when their extortions and their Gaolers have left them no means to buy bread: And for the unlawful divorcing, scattering, and starving of their Wives and Children by the bargain, and robbing their Creditors of those means that should pay their Debts in part, or all; and for protecting of Cheators, that take their Prisons for Sanctuaries, to leave so much of other men's estates with the right owner's curs and their heirs, to their posterity, as their Judges and Gaolers extortions and their own riot cannot consume in their own time; As also their last Acts formerly mentioned for release of Prisoners, which entangle their bodies and souls more than before; And many other Statutes to intricate the Laws with such contrarieties, as none but such as have the Genius of their makers can reconcile: which when it is done, tendeth wholly to make themselves great and rich, and the People their slaves and beggars.  
For Remedy whereof, it is to be desired in the name and right of the public, that the House would be pleased to be swept and cleansed of such cobs, and cobwebs, and to vote and vomit out of the sanctified bowels of that sacred Senate those execrable excrements that poison their entrails, and deliver them to public Justice, which their ravenous lives, and extorted possessions suffice not to satisfy; but may in God's mercy appears his wrath, stay his Judgement, and expiate this Land of that wickedness which they have wrought among us, and accumulated upon us.  
This don, The work followeth, and teacheth itself how it would be done as aforesaid; declaring itself that frustrà fit per plura, quod fieri potest per pauclora: vain is the labour of many workmen, where few may serve the Turn with far less charge, and more conveniency. And briefly, vain, expenceful and too burdensome to this Commonwealth are the several Courts hereafter mentioned, upstarted over us, one after another, since the first publishing of Magna Charta, as Heresies sprung immediately after, if not with the first preaching of the Gospel: viz. Out of the Court lately called the King's Bench, issued the Common-Pleas, and the Exchequer, which took their leave of it in Magna Charta, and left it to follow the King; and so I conceiv it ought to do still, for that there is no use rightly to be made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Magna Charta saith were wont to be determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Corporations, and country Judges in Signiories, which had jura Regalia; all which now, Justices of Peace having more power in matters determinable by common Law, than Justices in Eire had (if rid of the sovereignty usurped over them by their fellow-Justices, their Certioraries, etc.) may eas of much labour. Moreover, the chief Justice of this Court ought to be but the King's deputy by writ; and no King in being, no such Deputy can be. Hugh de Burgo Earl of Kent, chief Justice under King Henry the 3d took his oath with his Master, to observe and maintain Magna Charta, and soon after persuading the King to break it, became the first Perjurer of his place in that point; as the Lord Cook upon Art. sup. Chart. declareth at large. Since which time, the practice of this Court, being but to murder debtors over whom it hath no jurisdiction, and consequently perjury and injury to the Commonwealth; why may it not be spared as well as the King? While (as saith the Lord Cook aforesaid) all Majors, etc. have the Law to guide them, and now Englished unto them, where then can be the desect of Justice, but in the Justices (as before) that will not execute them? since it is Law itself that the Laws are to be interpreted so, that there shall be no failer of Justice to the people. And few or no Laws besides Magna Charta, and its confirmations, will serve to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases, and crafty disputes, arguments, and cavils passed among them; but to be used by such as have mind and leisure to read them, as Divines may the Works of the wantonest Poets, to pick out their flowers for their Pulpits, and leave their scurrilities to others of their Autor's genius. Or as Interludes, in which all parts were not all bad, and though all prohibited to be publicly acted, yet may Terence be read in Schools.  
And may not those Statutes that relate to the Justices of either Bench, etc. be executed without them, aswel as those that relate to the Bishops, are without them? And this Court thus spared, will spare the Commonwealth in fees and extortion above five hundred thousand pound per Annum, besides unknown bribes, and their known salary of 4000 ll. per Annum, as Sir John Lenthal and his 4000 prisoners or thereabouts, between Thule and Callicute; and Mr Henly with his host of Scribes, whose Van is at Michaël's mount, and Rear at Barwick, (if convented, and compelled to confess truth) can declare at large.  
The Chancery was no Court of Judicature, nor personated by a Lawyer, but commonly by a Monk, or Bishop, (as we have seen lately in England and Ireland) whose office was to follow the King with the Seal, and to seal Writs gratis at the King's cost, as the Lord Coke affirmeth, and Rast. fol. 65. citeth the Statute of Art. super chart. and showeth that the breaches of those Articles were the first thing given to the power of the Chancellor to judge of (who being likely a a Bishop, had charge as a Bishop by virtue thereof, to excommunicate the breakers thereof:) In the 36th year of the reign of King Edward first, cap. 4 to from which little fountain sprung that Nilus that ever since overfloweth all England, not only once every seven years, but seven times at least in every year. The Chancery (a Court of Conscience forsooth) raised upon pretence of equity, and relief to such as complained of oppressions against the breakers of this Statute, which was the first confirmation of Magna Charta; and no sooner thus raised, but it despised both its raiser, and the cause, extolled itself, and overtopped all the Courts of England; disusing to grant the ancient Commissions in Eire to whom their Counties chose; and of Oyer and Terminer to any that had occasion to use them, as lawful was according to Fitz Herbent Nat. brev. fo. 112. and Cromp. s p. fol. 51. and all Writs to any without excessive sees, and extortion, contrary to all laws, the Oath of a Judge, and the practice of the office itself, as it was formerly gratis: and neglecting to send Magn. Char. to every Sheriff yearly, to be read four times in full Counties, and to every Church to be read twice yearly: And the writ set down by the Lord Cook to be issuable to all Sheriffs to apprehend all subverters of the Law, and to commit them to the common Gaol; which I confess is politicly forborn, lest Chancellors and and the rest of their brother Judges should be taken for the chiefest delinquents in that kind, and carried from Westminster to Newgate as (I dare swear) they have often deserved: But when I consider how ready their supersedease's are to Sheriffs, Justices of Peace, etc. when they pleas, and their Injunctions to stay Suits at common Law, (most proper to be determined there) and the disregard they make of the late Statute of 15 to Hen. 6. 4 to which forbiddeth them such matters, I confess no need they have to fear Sheriffs to displeas them; but marvel how they can be so uncharitable, as to separate mercy which they call equity, from Justice, being that as Justice without equity is merciless rigour, so Equity without Justice (if any such could be) would be an unjust iniquity, and both these (notwithstanding they would seem to divide Equity from Justice) are found individuals in Chancery, as Equity and Justice were in Courts of common Law, before Chancery was; and so ought to be still, as Mercy and Justice ever were and will be in the individual trinumine chief Justice of heaven and earth, whose mercy is above all his works; but Chancellor's works are commonly above all mercy, when they can find no time, normeans to end any Caus, till both parties find the end of their money, and their time lost to gain Lordships to Chancellors and their Heirs, for who saw a Lord Chancellor but had a Lord Baron at least to his heir, except Sr Francis Bacon: and who saw againer to himself, or his heir by a Suit in Chancery, except it might be John john's the cunning Merchant, or one that had less right to land then Keeper Coventrie could think fit to purchase in his man's name, and yet gained a precious decree against the right owner. Wherefore this two doored ordoubleleaved Court of Chancery and Rolls, being most pernicious to this Commonwealth, which it generally beggereth to enrich itself by encroaching upon all men's liberties, and drawing all those matters to Westminster which might be decided at home, with far more speed, justice, equity, and conveniency; and less charge, pains and attendance to both parties, where they are best known, or to be known in their own Court. Let this Court be spared, with the other, and the Commonwealth will be further spared of the triple charge of the former yearly, as the Warden of the Fleet and his prisoners, (as numerous as the Kings-bench men) and the numberless Armado of Chancery Caterpillars can sufficiently witness, if they pleas: whereof one thousand pounds per annum would be a competent salary for a Keeper of the Seal, and fifty pounds per annum for his man to attend it: And another thousand pounds per annum to ten Clerks to do the office of six, (anciently blue bonnets, two thousand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodging, and a fit office to write all necessary Writs for all the Commonwealth. And the Clerkships of the Crown and Hanaper may be united in one person, (as in Ireland they were in Mr Edgeworth, and since in Mr Carleton) who may be thought worthy of five hundred pound per annum, and all accommodation for his office, without any fees; and forty pound per annum a piece for three under Clerks to assist him to dispatch all businesses belonging to either of the said offices without fees likewise.  
The Court of Common pleas at Westminster would be as well spared as any, for that all Common-pleas are common to all Courts in Cities, and Counties, and aught to be tried there, (as the Lord Co. upon Magn. Char. on the County Court confesseth) which sparing, would spare the Common wealth per annum no less than the greatest of the former two.  
The Court of Exchequer reduced to its proper jurisdiction, officers, and fees, concerning the public Revenues, may be continued for that service only, and suffice to maintain the Warden of the Fleet, and some of his men, to walk between the Fleet and the Court, to guard Chequer-Accomptants to their Quietus, and this would spare the Kingdom another Ten thousand pound per an. as the Wardens of the Fleet, the two Remembrancers, and Mr Long can tell.  
Courts and Justices of Assizes, Nisi priùs and Gaole-deliveries, are as necessary for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs by't their shins for their intrusions: or as drones are to Bee-hives, whence the Bees have good cause to chase them, for devouring their honey. For all matters of Assizes and Nisi priùs belong to County Courts, Hundred-Courts, Courts Baron, and Corporation Courts (as the Lord Coke confesseth as aforesaid) and Cromp. affirmeth in his jurisdiction of Courts, fo. 240.) and matters of Gaole-deliverie belong to Sheriff's turns, Leets, and Sessions of the peace, as the said Autors affirm, and the Commissions of the peace and Charters of Corporations can prove and warrant. Wherefore those three Courts spared (as well they may and aught) the Common wealth will be further spared of two annual Visitations of several swarms of Westminster locusts, the charge whereof I refer to the consideration of them that bear it and usually pay it.  
The Court of the marshalsea raised to that exorbitancy that King James and King Charles did, may and aught to follow their fortunes and their households; and more I shall not say of it, but that it is full of extortion and injustice, being never owned by Law beyond the verge, and that being vanished with the King's person; so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more than I can calculate; but Mr Say an honourable Member of the House may advertise the rest thereof, with the advice of Mr Serjeant Green, and others late Judges and officers of that Court.  
The sparing of all these Courts, and the charge thereof amounting to, if not surmounting three millions per annum, and the confirmation of Mag. Cart. and the Petition of Right, once more by this Parliament, would also spare to the Commonwealth, and its better service, the lives and employments of many thousands of able men wrongfully imprisoned for debt, and convert the lives and employments many thousands of Attorneys, Solicitors, Gaolers, Catchpoles, Decoys, Setters, etc. to better uses both for their souls and bodies, and for the public benefit. Then Sheriffs Turns, Hundred Courts, Leets, Court Baron, Sessions of peace, and Corporation-Courts, restored to their ancient and right jurisdiction, which fall to them of themselves, which when those aforesaid are taken away, would be all-sufficient, and only necessary to hear and determine all the causses of England, reserving Appeals to such as shall have cause, to Parliament or Commissioners of Oyer and Terminer to be assigned, as Fitz H. and Cromp. affirm anciently lawful, and usual, proof being made first of the partiality, or injustice of the proper Court, and no bare accusation, allegation, or presumption to serve for the issuing of such Commissions as now is used. Except causes proper for Coroners, Escheators, Pipe powder Courts, & Clerks of the Market; of whose misdemeanours, Justices of Peace have power to hear & determine, but not to hinder in due execution of their Offices, which are all necessary in their kinds in every County, and specially Coroners and Clerks of the Market the first for discovering of murders, etc. whereof God requireth an exact account, (as Scriptures and Reynolds History sufficiently witness. And the other for the punishing of frauds in weights and measures, which Solomon saith are abominations to God; yet nothing more common amongst us, the more fearful his judgements upon us without timely repentance and future amendment. And for the superintending of the defaults of those that have power to correct such offences, and do not.  
All these Courts Officers and Offices that are thus necessary will be no more chargeable to the Commonwealth hereafter, then always they have been hrretofore, but as useful now as ever; and more profitable to the Commonwealth now, then ever before, because that in this time of Reformation, these Officers, as others, being chosen of approved persons for their Integrity, will endeavour (like their Superiors) the amendment of all offences, which they have power to chastise; whereas their Predecessors (imitating their Superiors) to their own ruin, intended their own private gain by public transgressions, and to that end increased iniquities in themselves, and others.  
If any offer to plead, or object the customs and usages modernly observed time out of mind, against this reducement, and restauration of the Law, and its practice, to their ancient usages; I answer, Mala Consuetudo non est observanda: An evil custom is not to be continued; and Customs against Law are unlawful to be used: And to what end is Reformation, but to take away such customs? And Statutes lately made to support them, by those that raised and used them, for their own gain & others damage? contrary to all the Laws of God and Man, and especially of Magna Charta, and its confirmations, wherein appear the right and Primitive customs and usage of this land, agreeable to them, claiming therefore to be restored, as in Justice they ought, and the other to be abolished, as likewise they ought.  
And being come to speak of ancient Customs to be restored, & modern to be abolished, I cannot choose but remember the Poor, (as most men do) in the last place: for it was a custom as ancient as Christianity, for Christians to give lands, moneys, and goods in a large measure to relieve the poor, till Monks, Friars, and other Abbey-lubbers (as unsatiable, as idle) dulled men's charities with their continual beggings in the name of the poor, and grew sacrilegious, robbed spitals, made that which was common to the poor, as well as themselves, proper to themselves, and gave out of that which was none of their own, for assistance to countenance that Sacrilege, the first Fruits, Tenths, etc. to the Pope, who had as much right thereunto by their gift, as the Devil; and consequently King Henry the 8th. as much as the Pope, and his successors (whether Kings or States) as much as he. Whosoever conceive's I writ too boldly, or speak too plainly herein, let him read (not only Histories foreign and domestic, but) the Records and Statutes, extant and in force amongst us, videlicet, That of Carlisle de Asportatis Religiosorum 35 to. Ed. 1. And that de terris Templariorum 17ᵒ. Ed. 2 And those of the dissolutions of Henr. the 8th. between which first & last he may find many more to inform his conscience, so that his heart may think, his tongue speak, and pen write much more than I do in this matter: All that I desire is, that the poor may be looked upon, if not with an eye of pity, yet with an eye of wisdom, taking notice that if the wedg of Achan be not enquired for, discovered, and recovered, the Nation may rue it: And that Popes, Kings, Bishops, etc. that cared not how lean they made the poor, while they might make themselves fat with their provisions; and those that expected their reversions, have cause by this time to be sensible of their Sacrilege.  
And that therefore the Spirit of Reformation would be manifested in the works of Charity; and if such as have gripped the patrimony of the Church into their claws, can find in their hearts to restore to the poor no part of that interest which all the said Statutes and many more, and all the writings of the Fathers, and many of our own modern Bishops (who unjustly detained all they could from them) abundantly confess and testify they ought to have in all Ecclesiastical possessions, not as the Alms of the Incumbents, but as their own rights by the express wills and donations of of the Primitive Founders of Churches, Hospitals etc. and other devout Donors, and Benefactors to such places, from time to time so excessively bountiful to the Clergy and Corporations for the poors sake, that the Statutes of Mortmain were made to restrain them.  
All which notwithstanding the Clergy possessed no less than a third part of England and France (as Sir Walter Raleigh and Sir Nathanael Brent have written) but not to their own uses (as they wickedly converted it) but as Administrators to and for the poor, as the same Autors, all the Fathers, and Littleton's Tenors the frank Almonie, and Tenant in common sufficiently witness. Yet may the Parliament be pleased that Commissions for charitable uses be granted to discreet persons throughout England and Wales, not without Fees, wages, and accommodations for themselves and their Officers, competent for their attendance in that service, and loss of time in their own affairs, being Charitiie beginneth at home, and no man can or aught to neglect his own charge to follow others profit gratis, which mkaeth the Commission now in London and elsewhere ill executed, as the distressed of Ireland by woeful experience can lamentably verify. Nor let the number for a Court exceed 3, for the eas of the charge, which must be either charitably allowed and paid by the State, or deducted (as the late Lord Privy Seal in the book of order approved by the Council Table 6 to Car. and the Additional Act for the Sabbath, etc. declare to be lawful for prosecutors) out of the poor's right. Nor let such Commissions be limited by the Statute of 43 Eliz. 4. as now it is, which Statute appeareth by its exceptions and jurisdictions reserved to Bishops and Chancellors to be a Prelatical Chancerized confederacy to delude and defraud the poor at their pleasures; witness the heaps of lost laboured decrees made thereupon, remaining unexecuted in the Petty-bag Office. And Philip Thomas his experiment in the carriage of many thereof in Abbots, laud's, Coventries and Littleton's reigns; which he may declare the freer since the death of those Lions. Nor let the Clerk of they Crown for such damnable Fees, and extortion of 50 s or more, as is now used for a Commission for every County, be allowed, but as it is used for Commissions of the peace, which if done gratis, would be more charitably done for the poor, then for Justices; and he may shorten his labour by making one Commission for several Counties for charitable uses, which he may not do for the peace for divers reasons. Nor let such Commissioners want power in their Commission to put their Orders, Judgements, and Decrees in execution (as all other Oyers and Terminers have) without relation to any other Court then Parliament for any alteration whatsoever. Nor power to punish vagrants, etc. and set such as are able, to work.  
This granted, the poor of England, which to the shame thereof, beyond all other Countries Christian or Heathen daily perish in streets, fields and ditches, defrauded of larger provisions made for them by Laws and Legacies, than any other Nation can parralel, and deluded like Tantalus for his apple, may by this means be enabled to catch into their empty, vain, gaping, begging mouths, and hungry paunches, some crumbs of some Almshouses, to prolong their days, to direct their prayers for their benefactors, to ascend like sweet incense to the Lord, in stead of the unsavouriness of their putrified members, to annoy their oppressors and offend others; And such as are able to work, may be employed for benefit to themselves and others, and so the streets and fields be cleared of those loathsome sights and importunate clamours which Foreigners admire, and Domestics abhor, yet neither help: All which I humbly submit to all honourable, charitable, and religious considerations, which God guide for his own Glory, and their own good, Amen.   

Postscript.  
I Hear I am charged with using other heads than mine own in these my poor labours. Truly I cite my Autors as the only heads I dare trust to defend me and mine from the hands of their degenerate successors, and such others as (regarding their illgotten wealth more than their souls) malign my endeavours in seeking to restore those springs that flow from my said Autors (the pure heads thereof) to their proper Channels, and dismay such heads and hearts as might and would give me helps, or write better themselves; so that all the helps I can get of them, is but to tell me, that they would not write so plain as I do in this matter for thousands of pounds.  
Whereto I answer, they have so much to lose, and I but my life and labour, which for truth, and its plainness, I am ready to sacrifice to God's providence, which I find not careless of my protection, having raised me honourable friends without any merit or expectation of mine, but only of their own worthiness, amongst whom the Right nobly-minded, as well as descended Gentleman William Steward of Laken Heath in the County of Suff. Esq affecteth me for my affection in particular to himself, in general to all, hearteneth me more than many to proceed in my work, not for its workmanship, but its meaning, not for its plansibility at present, but its possibility in future, not for its dictaste to angeltonged Lawyers, corrupt-lunged Gaolers, &c, whose exorbitances, not persons, are distasteful to him, and all good Christians; but for its seasonableness, timously to inform them to mend themselves speedily, or submit to be mended by more indifferent judgements; not for any profit that may thereby redound to him in private, more than shall to all in public; not for any prais he desireth (which I must witness he deser veth above many thousands) to himself; but for the glory of God, which he zealously intendeth in all his studies & actions, & honour of most worthily-honored personages (of his kindred and alliance) which he conceiveth will be much improved by their accumulating their merits in the accomplishment of this work of Reformation religiously begun, and indefatigably pursued by them, continually promised by others, universally expected by all (except those promisers that never meant to be performers) and particularly pointed at in this Treatise, and my former, so far as I humbly conceiv necessary for Law, & Officers needful for the Commonwealth: For which vigeat, floreat, duret, shall be my daily prayers. Amen again.   

Anno III. Caroli Regis. THE PETITION Of Right granted in the third year of the late King, and confirmed this present Parliament for the good of the Commonwealth.  
To the Kings most excellent MAJESTY.  
HUmbly show unto our Sovereign Lord the king, the Lords Spirival and Temporal and Comtmons in Parliament assembled, that whereas it is declared and enacted by a Statute made in the time of the reign of king Edward the first, commonly called, Statutum de Tallagio non concedendo, That no Tallage or Aid shall be laid or levied by the king, or his Heirs in this Realm, without the good will and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the Freemen of the Commonalty of this Realm. And by Authority of Parliament holden in the five and twentieth year of the reign of King Edward the third, it is declared and enacted, That from benceforth no person should be compelled to make any Loans to the King against his will, because such Loans were against reason, and the Franchise of the Land. And by other Laws of this Realm it is provided, that none should be charged by any charge or Imposition, called a Benevolence, nor by such like Charge, by which the Statutes before mentioned, and other the good Laws and Statutes of this Realm, your Subjects have have inherited this Fráedom; That they should not be compelled to contribute to ante Tax, Tallage, Aid, or other like Charge, not set by common consent in Parliament.  
Yet nevertheless of late, divers Commissions directed to sundry Commissioners in several Counties, with instructions, have issued; by means your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them upon their refusal so to do, have had an Oath administered unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to become bound to make appearance, and give attendance before your Privy Council, and in other places; and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted. And divers other charges have been laid and levied upon your people inseveral Counties, by Lord lieutenants, Deputic-wieutenants, Commissioners for Musters, justices of Peace, And others by Command and Direction from your Majesty, or your Privie-Councel, against the Laws and tree Customs of the Realm.  
And where also by the Statute called, The great Charter of the Liberties of England, It is declared and enacted, That no Freeman may be taken or imprisoned, or be disseised of his , or Liverties, or his free Customs, or be outlawed, or exiled, or in any manner destroyed, but by the lawful judgement of his Peers, or by the Law of the Land.  
And in the eight and twentieth year of the reign of king Edward the third, it was declared and enacted by authority of Parliament, that no man of what estate or condition that he be, should be put out of Land or Tenements, nor taken nor imprisoned, nor disherited, nor put to death without being brought to answer by due Process of Law.  
Nevertheless against the tenor of the said Statutes, and other the good Laws and Statutes of your Realm, to that end provided, divers of your Subjects have of late been imprisoned without ante cause shown: and when for their deliverance they were brought before your justices by your Majesty's Writs of Habeas corpus, there to undergo and receiv as the Court should order, and their Keepers commanded to certify the causes of their detainer, no cause was certified, but that they were detained by your Majesty's special command, signified by the Lords of your Privie-Councel, and yet were returned back to several prisons, without being charged with ante thing to which they might make auswer according to the Law.  
And whereas of late great Companies of Soldiers and Mariners, have been dispersed into divers Counties of the Realm, & the inhavitants, against their wills, have been compelled to receive them into their houses, and there to suffer them to sojourn against the Laws and Customs of this Realm, and to the great grievance and vexation of the people.  
And whereas also by authority of Parliament, in the five and twentieth year of the Reign of King Edward the third, it is declared and enacted, that no man should be forejudged of life or limb against the form of the Great Charter, and the law of the Land: and by the said Great Charter and other the Laws and Statutes of this your Realm, no man ought to be adjudged to death, but by the Laws established in this your Realm, either by the customs of the same Realm, or by Acts of Parliament; And whereas no offender, of what kind soever, is exempted from the proceed to be used, and punishments to be inflicted by the Laws & Statues of this your Realm: Nevertheless, of late time divers Commissions under your Majesty's great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners with power and untoritie to proceed within the land, according to the justice of Martial Law, against such Soldiers or Mariners or other dissolute persons jeyning with them, as should commit any murder, robbery, felony, mutiny, or other outrage, or misdemeanour whatsoever, and by such summary course and order, as is agreeable to Martial Law, and as is used in Armies in time of War, to Proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death according to the Law Martial.  
By pretext whereof some of your Majesty's Subjects have been by some of the said Commissioners put to death, when and where, if by the Laws and Statutes of the land they had deserved death, by the same Laws and Statutes also they might, and by no other ought to have been judged and executed.  
And also sundry grievous offenders by colour thereof, claming an exemption, have escaped the punishments due to them by the Laws and Statutes of this your Realm, by reason that divers of your Of ficers and ministers of justice have unjustly refused, or forborn to proceed against such offenders, according to the same Laws and Statutes, upon pretence that the said offenders were punishable only by Martial law, and by authority of such Commissions as aforesaid. Which Commissions, and all other of like nature are wholly and directly contrary to the said Laws and Statutes of this your Realm.  
They do therefore humbly pray your most excellent Majesty that no man hereafter be compelled to make or yield any Gist, Loan, Benevolence, Tax, or such like Charge, without common consent by Act of Parliament. And that none be called to make answer, or take such Oath, or to give attendance, or be confined, or otherwise molested, or disquieted, concerning the same, or for refusal thereof. And that no Freeman, in any such manuer as is before mentioned, be imprisoned or detained. And that your Majesty would be pleased to remove the said Soldiers and Mariners, and that your people may not be so burdened in time to come. And that the foresaid Commissions for proceeding by Martial Law, may be revoked and annulled. And that bereaster no Commisions of like nature may issue forth to ante person or persons whatsoever, to be executed, as aforesaid, lest by colour of them aunt of your Majesty's Subjects be destroyed, or put to death, contrary to the Laws and franchise of the Land.  
All which they most humbly pray, of your most Excellent Majesty, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Majesty would also vouchsafe to declare that the Awards, do, and proceed, to the prejudice of your people, in any of the premises, shall not be drawn hereafter into consequence or example. And that your Majesty would be also graciously pleased. for the further comfort and saretie of your people, to declare your Royal will and pleasure, That in the things aforesaid, all your Officers and Ministers shall serve you, according to the Laws and Statutes of this Realm, as they tender the Honour of your Majesty, and the prosperity of this Kingdom.  

Which Petition being read, the second of June, 1628. the Kings Answer was thus delivered unto it.  
THe King willeth, that Right be done, according to the Laws and Customs of the Realm; And, that the Statutes be put in due Execution, that His Subjects may have no cause to complain of any wrong, or oppressions, contrary to their just Rights and Liberties: To the preservation whereof, He holds Himself in conscience aswel obliged, as of his Prerogative.  
But this Answer not giving satisfaction, the King was again petitioned unto, that he would give a full and satisfactory Answer to their Petition in full Parliament.   

Whereupon the King in person, upon the seventh of June, made this second ANSWER.  

My Lords and Gentlemen!  
THe answer I have already given you, was made with so good deliberation, and approved by the Judgements of so many wise men, that I could not have imagined, but that it should have given you full satisfaction; but to avoid all ambiguguous interpretations, and to show you that there is no doubleness in my meaning, I am willing to pleas you in words, as well as in substance; Read your Petition, and you shall have an answer, that I am sure will pleas you.   
And then causing the Petition to be distinctly read by the Clerk of the Crown, The Clerk of the Parliament read the Kings Answer thereto in these words, 
* Let Right be done as is desired.  Soit droit fait come est desire.   

Which being done, the King in Person said thus:  
THis I am sure is full; yet no more than I granted you in my first Answer; for the meaning of that was, to confirm all your Liberties: Knowing, according to your own Protestations, that you neither mean, nor can hurt my Prerogative: And I assure you, my Maxim is, That the People's Liberty strengthen's the King's Prerogative, and that the King's Prerogative, is to defend the people's Liberties.  
Ye see now, how ready I have showed myself to satisfy your Demauds, so that I have done my part; Wherefore if this Parliament have not a happy Conclusion, the sin. is yours, I am free of it.   

AND On the last day of the Session; 
June 26. 1628.   

His MAJESTY'S Speech to both Houses, Before His Royal assent to the Bills, was this.  
My Lords and Gentlemen!  
IT may seem strange that I come so suddenly to end this Session: therefore before I give my assent to the Bills, I will tell you the Caus, though I must avow that I own an account of my Actions to none but God alone. It is known to every one, that a while ago the House of Commons gave me a Remonstrance; how acceptable every man may judge; and for the merit of it, I will not call that in question, for I am sure no wise man can justify it.  
Now since I am certainly informed that a second Remonstrance is preparing for me, to take away my profit of Tonnage and Poundage (one of the chiefest maintenances of the Crown) by alleging that I have given away my right thereof, by my Answer to your Petition.  
There is so prejudicial unto me, that I am forced to end this Session some few hours before I meant it, being willing not to receiv any more Remonstrances, to which I must give a harsh answer.  
and since I see that even the House of Commons begins already to make falls Constructions of what I granted in your Petition, lest it be worsinterpreted in the country, I will now make a Declaration concerning the true intent thereof.  
There Profession of both Houses, in the time of hammering this Petition, was as ways to trench upon my Prerogative, saying, They had neither intention nor power to hurt it.  
Therefore it must needs be conceived, that I have granted no new, but only confirmed the ancient Liberties of my Subjects: Yet to show the clearness of my intentions, that I neither repent, nor mean to recede from any thing I have promised you, I do here declare, That those things which have been done, whereby men had some cause to suspect the Liberty of the Subjects to be trenched upon (which indeed was the first and true ground of the Petition) shall not hereafter be drawn into Example for your prejudice: And in time to come (in the word of a King) you shall not have the like cause to complain.  
But as for Tonnage and Poundage, it is a thing I cannot want, and was never intended by you to ask, never meant (I am sure) by me to grant.  
To conclude, I command you all that are here, to take notice of what I have spoken at this time, to be the true intent and meaning of what I granted you in your Petition: But especially you, my Lords, the Judges, for to you only, under me, belongs the interpretation of Laws; for none of the Houses of Parliament, joint or separate, (what new doctrine soever may be raised) have any power, either to make or declare a Law without my consent.    

Here followeth the Confirmation of the said Petition by this present Parliament (as it is to be read in the Act, Entitled, An Act for the declaring unlawful and void the late proceed touching Ship-monie, and for the vacating of all Records and process concerning the same,) in these words viz.  
BEE it declared and enacted by the Kings most Excellent Majesty, and the Lords and Commons in this present. Parliament assembled, and by the authority of the same, That the said Charge imposed upon the Subject for the providing and furnishing of Ships, commonly called Ship-monie, and the saidex-trajudicial opinion of the said Justices and Barons, and the said Writs and every of them, and the said agreement or opinion of the greater part of the said Justices and Barons, and the said Judgement given against John Hampden, were and are contrary to and against the Laws and Statutes of this Realv, the Right of Propertie, the liberty of the Subjects former Resolutions in Parliament, and the Petition of Right made in the third year of the Reign of his Majesty, that now is. And it is further declared, and enacted by the Authority aforesaid, That all and every the Particulars prayed or desired in the said Petition of Right, shall from henceforth be put in Execution accordingly, and shall be firmly and strictly holden and observed, as in the some Petition they are prayed and expressed.  
Observe that the greater part of Justices and Barons, used to direct Writs and Agreements, and give their Opinions and Judgements contrary to and against the Laws and Statutes of this Realm, the Right of Propertie, & the liberty of the Subjects. And why therefore suffered longer so to do? and their unanimous animals sit in Parliament to make Laws by their advice to their own ends, and public mischiefs?   
FINIS.