EIGHT OBSERVABLE POINTS OF LAW; Necessary to be commonly known to the Common People, for their common good: Collected out of several Authors, and Statutes, Executable by Justices of the Peace in their Counties, and Magistrates in their Corporations: Humbly presented to their Considerations.  
COunties and Sheriffs turns, were ancient Courts in the time of King Arthur, and before; And in the Turns were tried all Pleas of the Crown; and 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 &c. 
1. The choice of all Officers of Peace, and Trust, anciently in the people, confirmed by Mag. Chart.  quae summam 40 s. attingunt, vel excedunt secundùm legem& consuetudinem Angliae, sine br●vi Regis placitari non debent. See the Lord cook upon the 35th Chap. of Magna Charta; and upon the Statute of Gloucester fol. 310.& 312. Hundreds, and Court Barons have the same power, and rights, and neither Sheriffs nor Stewards are Judges, but suitors onely, 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 cook affirmeth.  
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 ought a man be sued in any Court of Record for debt not amounting to 40 s. by way of mutuatus, and other lawless tricks daily used by attorneys; nor in any inferior Court for debt of 40 s. or 
2. This Mutuatus is usual in the Kings Bench, and Common Pleas, to fetch poor men not worth 40 s. from York, or Cernwal, to London, for 5 s. debt, or less; and to out-law him in the Common Pleas, if he come not; which example other Courts of Record follow too much.  exceeding, by dividing it into Actions under 40 s. In which cases the Defendant ought to be admitted to pled to the jurisdiction of the Court, and to have a Prohibition to stay the svit: see the Lord cook, upon the Stat. of Glouc. fol. 311. And all Courts were to dismiss all Actions entred without sufficient bail to prosecute, answerable for costs and damages. If non-suited, or Cast; and not Jo. D●. 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 s. 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. cook upon it, with his reason for the discontinuance of this practise.  
All the Kings Writs for the doing justice and right to all men freely and speedily, without delay or denial, ought to be granted, and had freely at the Kings cost: And justice ought 
3. Doth not the denial of an H●beas Corpus to bring a prisoner before a Judge without Fees,( both to Judge and Attorney) include the sale, delay,& denial of justice, while the prisoner is unprovided to buy it?  to be done freely, without sale; fully▪ without denial; and speedily, without delay: whereby( saith the Lord cook) 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. cook 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. cook upon the 29th and 38th chap. of Mag. Char.  
Therefore madge. Char. ought to be red, and published to the People in all Cathedrals twice yearly: And all breakers thereof are excommunicated ipso facto, and so twice pronounced 
4. All defaults, and offences of sheriffs, Coroners, Escheatours &c. inquirable, and punishable by Justices of Peace.  by two Acts of Parliament, Tit. confir.& excommengm t. in Rast. abridge. fol. 65. and 148. And it ought to be red in full County in every shire, four times yearly, and all the breakers thereof enquired of there; and further enquired of, and punished by Fines, Imprisonments, &c. 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 parte poster. Annal. fol. 313. The not reading, and publishing of Mag. Char. is the default partly of Sheriffs not requiring it; partly, of the Clerk of the Crown, &c. not sending it to them under Seal. All defaults of Sheriffs, &c. are inquirable, and punishable by Justices of Peace; as Lamb. Fitz. H. Cromp. Dalt. &c. affirm at large.  
Justices in Eyre are discontinued long since, and not onely for that they were interrupted, and wearied out by the Prerogative Judges, and Courts at Westminster by their Certioraries, 
5. Observe the Peoples choice resumed by this Stat. when the King presumed to make Justi●es of Peace, and under that specious Title to empower them, first to affront, and by degrees to suppress, and at last to extinguish the la●ger power of Conservatours. 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 madge. Char.  Corpus cum causa, errors; and other Writs( as the L. cook confesseth in his Exposition of the Stat. called Art. supper 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 and 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. 3. 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 practise is otherwise.  
Any that will, ought to have Commissions of Oyer and Terminer for all Extortions, Oppressions, and Misdemeanours of Sheriffs, Undersheriffs, Escheatours, bailiffs, Clerks, and 
6. Justices of Peace ought not to be seduced to transgress Mag. Char. and the Petition of Right, by any Stat. that contradicts them, nor to lose the public interest for any Prerogative usurpation, but to re-assume their Authority from the People, to act as conservatours of the ancient peace, and profit of the Common-wealth: as in cases of R●mitter, men stand to their best Title.  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, and do not, are no less than perjurers, and the greatest malefactours of all other, themselves. Nor can any Writs of Certioran, Corpus cum causa, error, supersedeas, or putting out of Commission, excuse or supersede them to finnish 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 F●tz. H. Nat. Br. 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 Courts, 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. cook 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, ought 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. cook upon Art. supper Chart.  
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 
7. These oppressions are daily committed by mercenary lawyers, by colour of Stat. of their own devices against Mar. Chart. which Statutes ought to be repealed, and the longer execution thereof resisted by all, or any necessary means,  done,( which always was, and yet is the practise of the Prerogative Judges, at Westminster; not onely to across, and 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 Common-wealth, still ought 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. cook upon the Statute of Marl●br. 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 loose the benefit of Law, who intend to subvert it; and Subordinate authority is more to be obeied, and assisted in the execution of Justice, than the supremest to be endured to obstruct it. All this, and more, is to be red in effect, in the L. Cokes Exposition upon Art. supper Char. and the Stat. of Marlebr. 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 Common-wealth to pay public debts, and relieve distressed Souldiers: 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, Jerob●am, &c. were confounded by, and for their own apostasies.  
Under the Titles of Trespasses, Contempts, Oppressions, Misdemeanours, are comprehended all breaches of Mag. Char. and all Offences against all Statutes in force, and concurrent 
8. As in all these cases, &c. all Justices of Peace should be careful to observe their Oaths, and perform their duties to this Common-wealth( whereof they are eminent members) So, no doubt, the Free-men of England would be ready to assist them in the regaining and Preservation of their ancient birthrights, laws, and Liberties.  with Mag. Char. and the Petition of Right, which all Justices of Peace, and Magistrates in their several jurisdictions, are authorised, 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 Kings 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 dieth with its Master, as a Letter, or Warrant of Attorney, with its maker: the Kings Bench may be spared as well as his person? And all causes in this Common-wealth, be called Common-Pleas, and tried by the Common Law of the land, and Verdicts of common people, and Free-holders of every County, and Corporation, before the Free Judges, and 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.  
Deus faxit.  
Whereunto add, That as madge. Char. compriseth all the Law of this land agreed upon by Kings and People, and would be red 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 no 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 peoples 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. Conclusive; 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 peoples 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 practise of contradictory Statutes,( for zeal to their Creatours, 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 Mag. Char. And such onely as will execute Mag. Char. &c. ought to be confirmed by the choice of the People in their Counties respectively, whereby they may act as the ancient Conservatours 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 birth-right 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 onely to madge. Char. and the Common Laws of England, and also to common reason, but chiefly to the divine Providence of God: for neither Law, Reason, nor Divine justice, would ordain a man to conserve the public peace of Gods 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.   
By JOHN JONES, Gent