PRACTICAL LAW, Controlling and countermanding The Common Law: AND The Sword of War the Sword of justice.  
Against all the late Declarations and publications of the Army, That they fight for the People's Liberties and Laws.  
Printed at Exeter 1648.   

The Preface.  
THe strange and unparallelled insolency of the General and Council of War, in presuming to grant Injunctions to stay Suits and proceed at Common Law, against Malignant Cavaliers, who have plundered them of all their estates, under pretext of Exeter Articles, etc. which they presume extend to all Malignant Constables, and others who have plundered and imprisoned the Parliaments best friends by their commands, though not within the minds nor intent of the Articles, and to enjoin them to come before the Council of War, 200. or 300. miles to show cause why they should not surcease their Actions against these plunderers, and release their just judgement against them, and presuming to evince the Judges, Attourneyes, and others, not to proceed in such trials: a more higher and tyrannical power then ever the Council-table exhausted, so that all the Kingdom must now be ruled, and the Common-Law of the Land itself overruled and stayed by the Marshal Law, to the undoing of the Parliaments best friends, and rejoicing of Malignants, who enjoy their plunder and estates without recompense.   

Practical Law controlling and countermanding the Common-Law, and the Sword of War the Sword of JUSTICE.  

WHereas Sir Richard Vyvyan of Tresewarren in the County of Cornwall Knight and Baronet, hath petitioned his Excellency Sir Thomas Fairfax, that Edward Anthony of the City of Exeter Goldsmith, hath sued and impleaded him the said Sir Richard Vyvyan, contrary to the Articles of the said City of Exeter, within which the said Sir Richard Vyvyan is comprised: the General to the end he might be satisfied of the truth of the particulars of the said Petition, referred the same to the Examination of the Officers of his Army, who at a public meeting, and upon a full Examination, found every particular in the said Commission to be very clearly and punctually proved to be true, that Sir Richard Vyvyan was Master of His Majesty's Mint in the City of Exeter by Commission of his Majesty, that he is comprised within the said Articles of Exon, and by which he is to be indemnified for matters relating to the late differences between his Majesty and the Parliament, and that the said Edward Anthony hath sued and impleaded him the said Sir Richard Vyvyan for 
a Plundered from him to his undoing, being a Goldsmith.  Plate sent unto the said Mint for his Majesty's use by Sir John Berkly Knight, than Governor of the said City of Exeter, and hath recovered by Verdict against him the said Sir Richard Vyvyan, two hundred ninety one pound three shillings damages, besides costs. Now forasmuch as they the said Officers have thereupon certified the General the premises to be true, and that the said Action and Verdict and all proceed thereon are against the Articles of Exeter, and therefore are of opinion, and desire the General to command the 
b By what Law or Commission can any such Order be granted by the General or Advocate.  judge Advocate to take care that the said Edward Anthony do forthwith reveal, or otherways 
c O happy Malignants that can find such Patronage! O unhappy Parliament friends and sufferers who must be thus enforced even after judgement and Verdict to lose both their costs & damages justly recovered against Cavaliers & Plunderers, and thus tossed up and down to their utter undoing against the express Letter of the Covenant, & many Declarations of both Houses to repair losses, & right them out of Malignants estates!  discharge him the said Sir Richard Vyvyan of and from the said Action, Verdict and all proceed thereon, or in default thereof to appear at the Head Quarters to show a good cause to the contrary, and that all further proceeding be sta●d in the mean while by the said Edward Anthony and his Attorneys; These are therefore to desire and require the same Edward Anthony immediately upon sight hereof to release and discharge the same Sir Richard Vyvyan of and from the said Action and Verdict of 291. l. 3. s. damages and costs of Suit, and all proceed thereon, or otherwise appear at the Headquarters on Monday the 6. day of March next coming, by nine of the clock in the forenoon, to show good cause to the contrary, and all Attourneyes and Solicitours are to take notice hereof, that there be no further proceed in the said Suit in the mean while, or to show cause to the contrary: Whereof they and every of them are not fail. Dated at 
d Where there is now a new Council Table erected (it seems) far more extravagant than ever the King had any.  Whitehall this 19 of Febr. 1647.  
Hen. Whaley, Advocate.  
Who will ever adhere to, or act, or suffer for the Parliament hereafter, or contribute towards the Army, if they must be thus requited for all their losses, and made the very scorn and derision both of their enemies and friends? O heavens blush at this impious ingratitude.   

To his Excellency Sir Thomas Fairfax Knight, General of the Parliaments Forces by 
* Nota.  Sea and Land. The most humble Petition of John Collacot the elder, of the Parish of Shebber within the County of Devon.  
Humbly showeth,  
THat your Petitioner being Constable during some part of the times of these unhappy differences betwixt His Majesty and the Parliament, was in the time of his being Constable particularly commanded by the Warrants annexed, to be assisting unto Captain Yeo: in the apprehending of John Perryn signior.  
That he was commanded by the said Yeo: and compelled by Thomas Hewes Provost Martial and his Troopers, to attend the said Captain Yeo: in the execution of the said Warrants, which he durst not refuse, the King's party being then prevalent in the Country.  
That for this cause only the said Perryn hath commenced a Suit at Law against your Petitioner, which will come to trial this Assizes to the Petitioners utter rain, the Articles of Exeter (in which your Petitioner is comprehended) being not pleadable at Law, unless your Excellency's accustomed goodness be extended for his relief herein, which is according to your Excellency's engagement upon the rendering the said Garrison.  
That the said Captain Yroman is comprised within the Articles of Exon, as appeareth by your Excellency's Certificate annexed, and hath made his Composition at Goldsmiths-hall, for his said Delinquency, within the eour months mentioned in the said Articles, as appeareth by Certificate ready to be produced.  
The Petitioner therefore beseecheth your Excellency, that he may have the benefit of the said Articles of Exon, he acting by and under the command of the said Captain Yeo: who hath compounded: And that your Honour would be pleased to 
a By what Commission I pray, without the Houses Orders, and contrary to their Protestations, to protect Malignants against their plunderers & undoers.  give command for the stay of all proceed at Law against the Petitioner.  
And your Petitioners shall ever pray, etc.   

Queen-street, March 8. 1647.  
If this Petition be true, I desire the judge to take care that the Articles of Exon be made good to the Petitioner, and that the parties complained of do forbear further proceed at Law, or 
b By what Orrinance, Law, or Commission, they being no Soldiers, but persons imprisoned and plundered of their estates, for their zeal and good affections to the Parliament.  show cause to the Court Martial to the contrary.  
T. Fairfax.   

Whereas John Collacot the elder of the Parish of Shebber in the County of Devon being a Constable in some part of the times of these unhappy differences, was in that time particularly commanded by Capt. Yeo: a Commander in the King's Army, to be assisting unto him in the execution of a Warrant from Col. Sir john Berkley Governor of Exon for the apprehending johu Perryn the Elder and others, which accordingly he did. That the said Captain Yeo: was a person comprised within the Articles of Exon, and hath made his Composition at Goldsmiths-hall: That the said Collacot is sued at Law by the said Perryn for apprehending him as aforesaid, which is 
a If so, than all malignant Constable's Officers, and others, that murdered ravished, rob, imprisoned, plundered or executed any of the Parliaments best friend, by command of any person or Officer of the Kings within the Articles of Exon, Oxen, etc. shall be totally exempted from all actions and prosecutions, though not within these Garrisons, when seized or surrendered, and if so, all who have borne Ar●s against the Parliament shall be freed from Sequestrations and Suits upon such a general extravagant construction.  contrary to the twelfth Article of Exon, the said Collacot having done nothing but by the procurement of the said Capt. Yeo: all which particulars being proved before me to be true: These ar● therefore to require the said Perryn within one and twenty days next after sight hereof, personally to appear before the Court Martial of his Ecellency Sir Thomas Fairfax, 
b Then they must follow him and it from one end of the Kingdom to the other, and was there ever such a grievance or vexation heard of before? or tyrannical arbitrary usurpation.  wheresoever the same. is or shall be held to show cause why the said Collocot should not have the benefit of the said Articles, or else discharge or release the said Collacot of his said Action; and in the mean time, there be no further proceed at Law, and all Attorneys, Solicitours, and others whom it doth concern, are required to take notice hereof, the honour of his Excellency Sir Thomas Fairfax and Army being so 
c The Laws of the Kingdom, and Rights ●nd Liberties of the greatest friends to, and sufferers for the Parliament, aught to oversway the General and Army's honour, and their Patronage of Malingants.  much concerned, for making good the said Articles. Dated at Whitehall this 13. of March, 1647.  
Copia Vera. Henry whaley Advocate.   

Captain Yeo: is authorized to make diligent search and apprehend john Perryn the elder, john and Richard Perryn his fonnes, Mathusala Bligh, Philip Kingford, Robert Martin and james Slowman of the parish of Holsworthy, john Coals and james Hobbs of Milton Damrell, john Hearding of Shebber, Thomas Wellington of great Torrington and John Markeham of Littleham, and to bring them into safe custody, or cause them to be brought to the Provost Martial of the City of Exon, there to remain in safe custody until they and every of them shall answer all such matters as shall be objected against them and every of them; and Thomas Hewes the Marshal of the North Division of the said County of Devon, and the Constables of Shebber with all other his Majesty's Officers and loving Subjects within the said County, are straightly charged and commanded to be aiding and assisting unto the said Captain Yeo: in the due execution hereof, wherein they and every of them are not to fail, as they will answer the contrary at their utmost perils.  
Given under my hand and Seal at Betford-house in Exon the 6. of March, 1643. john Berkley.  
Vera Copia  
R. H.  
FINIS.