several REASONS Wherefore the INHABITANTS OF THE COUNTY PALATINE OF CHESTER and LANCASTER; AS ALSO, All foreigners are now prejudiced and tyrannized over, by reason of the pretended privileges and Liberties of the said COUNTY. So that the condition of the said County is far more miserable, and in greater thraldom, then any other County whatsoever in the kingdom. London, Printed for E. E. according to Order, Anno Dom. 1646. REASONS wherefore the Inhabitants of the County Palatine of Chester, and Lancashire; as also all foreigners, are now prejudiced and tyrannized over, by reason of the pretended privileges and liberties of the said County. IN silence to pretermit how the Earl of Chester was first created, and how the Prince of Wales became earl of Chester, though it might conduce to the satisfaction of some; I shall only touch the late proceedings usually had in the said County, as it was regulated by the late Earl of Derby, and James then Lord Strange ▪ since Earl, being Chamberlain for the County Palatine of Chester, and the supreme Judge of the Court of Exchequer there, who exercised an unlimited, independent, tyrannicall, and arbitrary power of Judicature, which was a great means, to enable, to cause so great a Power against this present Parliament. The Court of Exchequer at Chester was only, till of late years, a Court of Revenue for the earls Revenue, and in the nature of a Cursitors office, for the making only of the original Writs of that County returnable before the chief Justice of Chester. All matters equitable being transacted before the council at Ludlow. Eliz. Whereas in the Earl of Liecesters time it was conceived to be not only an honour to the Chamberlain of the said Count●, but then was it also propounded to the Inhabitants, to have ease at their own doors. But Time the best trier of truths and falsities hath made the contrary to appear, through the ●surpation of Officers and Ministers. Who have been the Officers and Ministers, have been too well known to some; as also, what obstructions of Justice in several kinds and respects, and by whom occasioned, although the granting and denying, ad libitum, to pass such usual and ordinary Writs, Sub Sigil. come. Pal. which ex officio ought, and de jure ought not, nor ever were refused to pass under the great Seal of England, is partly an evident Character of more injustice there then else-where. That it was very hard to obtain Justice there, if a man were either foreigner or Inhabitant, and had any cause against any that were amici Curiae, or had the least dependency upon any such; neither was there any remedy for any such, in regard there was no Appeal to any of the Courts at Westminster, but to the High Court of Parliament; so that the suffering Party was remediless, which was well known to the prosecuting Party, which animated them in their exorbitant courses, especially living proculá Jove, they apprehended themselves pro●t àfulmine. Multitudes of Suits were occasioned, by reason of the nearness of the Court of Exchequer, twice as many as any other County not Palatinate, the charge greater then in any of the Courts at Westminster, by reason of the parties themselves attending, and the daily motion of the Court fitting, and every day occasioning variety of cross and disordered Orders, the attorneys and Officers ever residing in the City, and there being no common solicitors, the first process being twice as dear as in his Highnesse Court of Chancery, every proceeding by motions and orders, without genera●l rule, besides ▪ the going and sending for the same to Chester, occasioned twice as great expenses as the process. That all Obligations, Specia●ties & other matters tryable at the common Law are determinable in the said Court, so that the Subjects and Inhabitants have little usage of the Law; neither is the same scarcely known unto them, by reason that every Action of any value which is first brought at the common Law; for the amendi●g whereof, every one desireth to begin there first. That the proceedings at the common Law there are obsolet● almost, by reason that there are but Assizes twice in the year, and every process returnable from one Assize to another, in case they be Writs ad respondendum, a foreigner though never so good a solicitor in the Courts at Westminster, must begin to learn his A ▪ b ▪ c. when he hath any occasion there. That for not appearing upon a Sub-pana in the said Court of Exchequer, they proceed to Sequestration of the Estates both of the Inhabitants there, and of such as live in London, or in any other County, if they have Estates there; albeit their occasions will not admit their speedy appearance, and that within one month. That if any one, for any transitory cause, and doubting of Justice, there being not amicus Cur.( some of the Officers not ressenting him) should sue any Inhabitant in any of his Maj. Cour●s at Westminster, presently a Writ pro fractione Libertat ▪ come. Pal. Cestr ▪ never red of in Fitz-Herberts Natura brevium, or elsewhere, issueth forth; whereupon the party is attached without either bail or Mainprize to the Court, and there forthwith enters into recognisance with sufficient Sureties not to proceed else-where to stand to the Order of the Court, and not to depart without Licence, and then he must be examined upon Interogatories touching the breach of the said pretended liberties, and shall hardly get advice of any council, Attorney, or Officer belonging to the said Court, in regard he is conceived to be inimicus Cur. Better by far was it in the Star-Chamber. Another kind of an Attachment not used in any Court of Chanry, being of the price of 9. s. which was usually granted upon the oath of any one who did believe that the Defendant would not stand to the Order of the Court; and upon this, foreigners as well as Inhabitants, who had commenced no svit in any of the Courts at Westminster, where none but sufficient Inhabitants would serve, so that for the most part, Strangers were compelled to make their compositions on any conditions almost. That if any Londoner or other foreigner should happen to sue any of the Inhabitants within the said County, in any of the Courts at Westminster, and should afterwards come into the County about the execution of any process, Order, or other occasion, then presently an Attachment pro fractione liberta●. must be executed upon him, and he either enforced to lose his Debt, make some unjust composition, or be sent to the Castle, unless he had better credit and friends then usually strangers found there. In like manner have been attached Councellors, attorneys, & solicitors, for being Agents for their clients in the Courts at Westminster, coming accidentally into the Country, the County Palatine of Lancaster, although having the same privileges, ●ever claimed the like. Every common process issuing out of the Courts at Westminster, which passeth the County-Palatine seal, costeth 5. s. & to the Attorney there 1. s. 8. d. every judicial or special Writ 9. s. besides the attorneys Fee; otherwise, the party may wait: the sheriff for his Warrant will have 6. s. 8. d. to the bailiff of the Hundred 13. s. 4. d. to special bailiffs besides his Poundage, if an Execution; besides the great trouble and charge in attending upon the Chamberlains-Officer, and sheriff. Not one Writ of a hundred executed, after all labour and cost, for that no person of quality living there, and indebted, but was in fee with some attorney or Officer there, who gave him notice of the same, whereby both sheriff, bailiff, and Party were prevented. That by reason thereof, there are few Estates in Cheshire, which are not encumbered with Statutes, Judgments, and recognisances, very few being discharged, that security from the person, or Lands of the best Gentlemen in Cheshire, is accounted bad security here in London, amongst either Citizen, Scrivener, or Broker. That the Inhabitants of the County have not only been deprived of the benefit of the common Law, but also are exempted from the privilege of divers Statute-Lawes, A little Volume will not contain the abuses and intolerable sufferings, occasioned by the said County-Palatine. Let the same come to solemn debate, and there will be found nothing but general inconveniences, only some private accommodation, giving principal Officers liberty to pleasure their friends, and tyramnize over the rest. If Counties-Palatine were conceived to be privilege for the Inhabitants, It is to be wondered why in these times of liberty other Counties do not petition for the same, other Counties equally deserving them, and most desiring immunities. If the sheriff of the County do neglect to do his office, or return his Writs, there is no remedy for the punishing of him, because he is the Minister to the Chamberlain, and to make his returns to him, and not to any of the Courts of Kings-Bench, or Common-Pleas. And what remedy there was against, the Earl of Derby who was Chamberlain, I leave it to those who have had experience therein. What benefit can redound to a kingdom governed by one Law, regulated by o●e Parliament to have Counties Palatine, and to have Jura regalia, rather illegalia & sclo diademate disparia, and to be bound up in a little corner, that upon any occasion that any one hath with any of the Inhabitants of the Co ▪ he must go seek into the County Palatine, where he shall be more strange to their laws, which they call Liberties of the County, then he is to their persons, and hath no remedy to help himself, if injured. Germany hath tasted sufficiently of the miseries which Dukedoms Principalities have occasioned. Ireland hath felt some smart by their County Palatines. & England had a fair escape from the power of the late Earl of Derby, who gathered his Forces out of the Counties Palatine of Lancaster and Chester ▪ Scotland is very sensible of the grand inconveniences, occasioned by their hereditary Sheriffes, which hath caused many Principalities, ever destructive to States and Common-wealths. Before any further Ordinance be made for the confirmation of any. County Palatine, it were not impertinent, that the Judges might examine the several abuses, and certify the Parliament, that so no County might bee enthralled for any particular respects whatsoever. The grandest liberty of the Subject in their election of their Knight of the County, and Burgesses for the City of Chester, hath received such opposition, as the like in no County, whereas the pretence only hath been for want of a Chamberlain; So that in the absence of that ever honoured Sir William Brereton, there hath not been any since the beginning of these differences ▪ to represent the state and condition of that county. The Judges ride their Circuits far further, even to Lancaster, And yet by what fate is not known to every one that is exempted. The state of the County Palatine of Lancaster hath been some little better. Every one enthralled or tyrannized upon at this instant, expecteth liberty and freedom ▪ And so do the Inhabitants of the County Palatines of Lanca●ter and Chester, who have been in servitude & slavery ever since they were made Palatinates. The Subjects also of the three kingdoms expect to have Justice there, as else-where, from which they have 〈◇〉 barred. None but Officers desire the continuance thereof, they may be discerned by their daily solicitations, and daily attendance upon the Houses of Patliament. Faxit Deus ut curet haec Parliamentum. FINIS.