THE NEW Returna Brevium, Or the LAW returned from WESTMINSTER And restored in brief to its Native, Antient, and Proper Habitation, Language, Power, Puritie, Integritie, Cheapness, Briefeness, Plainness.

Rescued out of the Sacrilegious hands, barbarous disguises, aenigmatical intricacies, lucrative constructions, extorted verdicts, fals Judg­ments, & bribeful Executions of her perjured Impo­slors, fals Interpreters, Iailers, Catchpols, Attorneys, &c

Whereunto is added the Petition of Right, granted by Parliament in the 3 year of King Charls, and confirmed by this (Although to bee found in larger Volumes) for cheapness to the Generalitie to inform themselvs what is their Rights.

Written by John Jones of the Neyath in Com. Brecon Gent.

Micha. 6. v. 8.

He hath shewed 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 Du-gard Anno Dom. 1650.

TO The right Honorable Oliver Crumwell LORD Lievtenant of IRELAND &c.

Heroïck Sir!

LOng and earnest have been the de­sires, and praiers of many thousands of faithfull hearts for your safe and happie return [Page]into England, which God for his own glorie, your honor, and our comforts, hath now opportunely brought to pass with such testi­monies of his blessings upon your actions, ma­nifested by your succes­ses in his battails, as may beejustly terrible to all his, and your Ene­mies; and truly joyfull to all his servants, and your friends; of whom it is to be feared, that as [Page]God hath but few firm in his election, so you have but few faithful in your assistance. Be plea­sed therefore that it may bee inquired in the As­sembly, vvhose promises to your self, and your de­pendants, vvhose Votes in publick, and Vovves in private have most vvilfully failed you and yours: I shall not pre­sume to inquire vvhat breaches have bin made of performances in mat­ters [Page]most nearly concer­ning you, and your Ar­mie best knovvn to your self: but vvhat hath been performed of those promises made to you, and your Armie for the relieving of your dai­ly Orators, Prisoners for Debt, vvrongfully re­streined, contrary to Magna Charta, and all the true Lavvs of the Land, vvhich men sitting in Parliament publickly profess, and have often [Page]svvorn to maintein: what ridiculous Acts even those men have made to delude you and your Orators, their own and all Gods people, to cross those Laws more then before, and to sup­port their extortions, & mercenarie practices in all the waies of Inju­stice, in an higher mea­sure than their Predeces­sors: what Justice can be expected from such Justicers? what merci [Page]can bee exspected from God to continue upon that Land that shall suf­fer such Mountibanck-mock-lawes to live, much more to sit, and bee Legis-lators amongst them? oh! let such buy­ers & sellers of Law & Justice bee thrown out of the Temple, and the Hous of the Lord bee purged of such abomi­nations. The valiant and Religious Patriot Colonel Pride (in your [Page]absence) indeavoured to work som 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 subtile Serpents innocent a­gainst their wills; un­sting them, unskin them; for their Cases are far more precious then their Carkases. I have here following demon­strated their uselessness [Page]in this Common­wealth? which may it pleas your honor to peruse at your leisure, protect in your favor, correct in your wis­dom, and Act in your Justice; so God shall fur­ther prosper you & your posteritie, the Commonwealth honor you and them, and with the rest of your Orators, and theirs, I shall bee ever yours to Command du­ring life,

John Jones.

THE NEW Returna Brevium; OR The Law returned from WESTMINSTER &c.

DIvers are the Speeches of divers Contrivers of a pretended Reformation of the Law of England, according to the diversitie of their opini­ons, and self-ends premised therein; for the effecting whereof, they would have their several Propositions disputed; som for Alterations, others [Page 2]for Additions, others for Sub­stractions; all for Corrections; but few or none knowing how to mend Magna Chart. more then Magnificat; nor real­ly studying, but how to marr both. Observ how the work directeth it self how it would bee don: For as saith the Mir­rour of Justice written by Horn in King Ed. the 1. his time pa. 8. It was ordeined (viz. by King Alphred long before Mag. Chart. or the Norman Conquest) that Right should be don from 15 dayes to 15 dayes, before the King and his Iudges: and from moneth to moneth in the Counties (if their largeness re­quired not a longer time:) And that every three weeks, right should bee administred in other Courts. And every free Te­nant [Page 3]had ordinary Iurisdiction, &c. And before pa. 1. The Sheriffs and Bayliffs caused the Free Tenants of their Baily­wicks to meet at the Counties and hundreds, at which Ju­stice was so don, that every one so judged his Neighbor, by such judgement as a man could not els-where receiv in the like cases, until such time as the Customs of the Realm were put in writing, and cer­tainly established. And al­though a Free-man commonly was not to serv without his assent; neverthe-less 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 [Page 4]their Neighbors. And again pa. 8. It was ordeined, 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 &c. viz Com­plaineth to us A. that B doth him such and such wrong, Wee therefore committing to thee our Turn in this behalf, command thee to hear and determine that caus. Their Ju­rors were Iudges: And why do Judges now at Westminster (that can bee no more absolute Judges by their Commissions, then 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 [Page 5]and practised in English) usurp more then those Judges did, or these ought? viz. to bee more then onely pronouncers of the substance of Jurors verdicts as­well for Law as Fact; which pronunciation is and ought 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 ought to bee called the Kings or the States, as authorised by their Writs and Commissions to pronounce their Masters con­sents for their parts to convict the partie guiltie as the Judges of the people (viz. the Jurors do by their verdicts, which are [Page 6]or ought to bee their true say­ings both for Law and fact for the peopl'es part & their own; which consents of Kings or States now called Judgements (because a ful conviction of the guiltie of both parts) if de­nied or delayed after verdicts, to bee pronounced there accor­dingly, by the Judges called the Kings or States. A Writ to command them to proceed to Judgement, and an aliàs plur and Attachment ought to bee 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 don by themselvs in every caus in Court, but by the pro­tonotarie of cours entred up­on Record, unless respite bee required upon good caus shew­ed. [Page 7]And the execution vvhich ever issueth in the name of King or State relateth to the Judgment, Conviction, vvhich implyeth both the Judgements of Kings or States and people as aforesaid.

Would not therefore the common practice of the Lavvs and their pleadings in English as at first they vvere bee more commodious and usefull to in­struct all understanding En­glish men for their ovvn good to becom experimental suffici­ent Lavvyers in their ovvn cau­ses, then the modern custom of hotch potch French and Latine imposed by Lavvyers for their ovvn gain to instruct fevv o­thers of their ovvn generation, to cheat the universalitie of the Nation of their rights and un­derstandings, [Page 8]and make them­selvs, and their Counsels most learned in others affairs.

And again, That every one have a Remedial Writ from the Kings Chancery according to his plaint, without difficultie, and that every one have process from the day of this plaint, without the Seal of Judg or par­tie. And again pa. 10. That af­ter a plaint of wrong bee sued, that no other have Jurisdiction in the same Caus before the first plaint bee determined &c. And again that al the King's Courts should bee 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 Injurie, but in case of life, where the plaint held without Writ: Why all at Westmin­ster [Page 9]sit not betvveen terms? And all elsvvhere all the year long? Certiorari's, Corpus cum caussa, sup­persedias, &c. issued thence, till the Judges at Westminster can bee there at leisure to determine all matters, vvhich the multiplicitie of rich mens causes so mono­polized thither cannot afford the poor to end theirs vvhile they live commonly.

And again page 11. That all Free Tennants shall bee obe­dient, and appear at the sum­mons of the Lord of the Fee; And if a man caused another to be summoned, elswhere then in Fees of the Avowants, or oftner then from Court to Court, they were not to obey such Summons. Why then should any Free-holder of the Coun­tie of Middlesex, or any libertie [Page 10]thereof (except Westminster, and St Martins legrand London) ap­pear upon Summons at West­minster-Hall, vvhich lately vvas the Fee of the Dean and Chap­ter of St Peters, and novv is at the States dispose, to vvhom 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 detein, or denie their services in deed or word; and there they shall hee acquitted, or forfeit their allegiance and all their Tenancie 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. Observ the Free­men [Page 11]of every libertie then were, as still they ought to bee Jud­ges of their Lords for their fees, aswel as their other neighbors 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 Libertie of Westminster suffice for Judges for that precinct.

And page 13. That offen­dors guilty of death should not be suffered to remain among the guiltless. Why Convicts for fe­lonies, &c. in Newgate &c. amongst prisoners for debt?

And that the Goods and Chattells of Vsurers should Escheat to the Lord of the Fee. This law restored, would enrich the Common-wealth, purge it of [Page 12]many moths & Cankerworms, and teach men to live by their own labors, and not by others.

And pa. 14. That none should bee ordeined Ministers above the number of Churches; and that the poor should be susteined by Parsons, Rectors, and Parishioners, so that none should die for want. How many die so daily now adaies within e­very parish and parsons view? So much and more affirmed by Master Horn to bee the Common unwritten Lawes 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 an­tient laws of this Land, agreed upon by King and People to bee published, and preserved invio­lable [Page 13]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 Kings 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 wee 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 over-ruled at Westminster? [Page 14]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 guid 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 bee given henceforth contrarie to the points of the great Charter, it shall be undon: where upon (saith the Lord Coke) the Laws of the Realm have the office to guid the Judges in all causes that come before them, in the wayes of right Justice, which never yet misguided any that certainly knew them, and truly followed them.

By these Collections of Mr. [Page 15] 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 bee sufficient to guid them all, in all the right wayes of Justice. But the Justices at Westminster that would guid the Laws, as Popes Scriptures, by their own Interpretations, ha­ving purposely disguised them in Pedlers French, and barba­rous Latine, that few but themselvs can construe; and forms so errorable as they can devise for themselves to mend when they list; which hapneth somtimes for the rich, but rare or never for the poor; and thereby denying, delaying, and selling Justice at their own rates; And their Frye, sitting [Page 16]in the hous, are the subverters of the Laws, as their Prede­cessors alwaies were, and there­by the continual causers of all the Civil Wars of Eng­land; and besides all that, (under color of Justice) murtherers of more English men then all the Wars, Plagues, and Famine, vvhich reigned in their times, destroy­ed vvithout them: Witness their Statutes made and main­teined against Magna Charta, for their murthering of Deb­tors in Prisons, vvith tortures and famine, vvhen their extor­tions and their Gaolers have left them no means to buy bread: And for the unlavvfull divorcing, scattering, and starving of their Wives and Children by the bargain, and [Page 17]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 leav so much of other mens estates with the right owners curs and their heirs, to their posteritie, as their Judges and Gaolers extortions and their own riot cannot consume in their owne time; As also their last Acts formerly mentioned for releas of Priso­ners, which intangle their bo­dies and souls more then 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 don, tendeth wholly to make themselvs [Page 18]great and rich, and the People their slaves and beggers.

For Remedie whereof, it is to be desired in the name and right of the publick, that the Hous would bee pleased to bee swept and clensed of such cobs, and cob-webs, and to vote and vomit out of the sanctifi'd bow­ells of that sacred Senate those execrable excrements that poison their intrailes, and de­liver them to publick Justice, which their ravenous lives, and extorted possessions suffice not to satisfie; but may in Gods mercie appeas 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 it self [Page 19]how it would be don as afore­said; declaring it self that fru­strà fit per plura, quod fieri potest per pauclora: vain is the labor of many workmen, where few may serv the Turn with far less charge, and more conveniencie. And breiflie, vain, expenceful and too burthensom to this Common-wealth are the seve­rall 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 Eschequer, which took their leav of it in Magna Char­ta, and left it to follow the King; and so I conceiv it [Page 20]ought to do still, for that there is no use rightly to bee made of it, but to hear and determine the Pleas of the Crown, which the Lord Coke upon Ma­gna Charta saith were wont to bee determined by Stewards in their Leets, Sheriffs in their Turns, Recorders in Cor­porations, and countrey Jud­ges in Signiories, which had ju­ra Regalia; all which now, Justi­ces of Peace having more power in matters determinable by common Law, then Justi­ces in Eire had (if rid of the sovereigntie usurped over them by their fellow-Justices, their Certioraries, &c.) may eas of much labor. Moreover, the chief Justice of this Court ought to bee but the King's de­putie by writ; and no King in [Page 21]beeing, no such Deputie can bee. Hugh de Burgo Earl of Kent, chief Justice under King Henry the 3d took his oath with his Master, to observ and main­tein 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, beeing but to murther debtors over whom it hath no jurisdiction, and con­sequently perjurie and injurie to the Common-wealth; why may it not bee spared as well as the King? While (as saith the Lord Cook afore-said) all Majors, &c. have the Law to guide them, and now Englished unto them, where then can bee [Page 22]the desect of Justice, but in the Justices (as before) that will not execute them? since it is Law it self that the Laws are to bee interpreted so, that there shall bee no failer of Justice to the people. And few or no Laws besides Magna Charta, and it's confirmations, will serv to do that without those superfluous number of volumes which Lawyers have contrived for their own Reports of Cases, and crastie disputes, arguments, and cavils pass'd among them; but to bee used by such as have minde and leisure to read them, as Divines may the Works of the wantonest Po­ëts, to pick out their flowers for their Pulpits, and leav their scurrilities to others of their Autor's genius. Or as Interludes, [Page 23]in which all parts were not all bad, and though all prohibited to bee publickly acted, yet may Terence bee read in Schools.

And may not those Statutes that relate to the Justices of ei­ther Bench, &c. bee executed without them, aswel as those that relate to the Bishops, are without them? And this Court thus spared, will spare the Common-wealth in fees and extortion above five hun­dred thousand pound per An­num, besides unknown bribes, and their known salarie of 4000ll. per Annum, as Sir John Lenthal and his 4000 prisoners or thereabouts, between Thule and Callicute; and Mt Henley with his hoste of Scribes, whose Van is at Michaël's mount, and Rear at Barwick, (if convented, [Page 24]and compell'd to consess truth) can declare at large.

The Chancerie was no Court of Judicature, nor personated by a Lawyer, but commonly by a Monk, or Bishop, (as wee 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 sheweth that the breaches of those Articles were the first thing given to the power of the Chancellor to judg of (who beeing 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. 4to from [Page 25]which little fountain sprung that Nilus that ever since over­floweth all England, not onely once every seven years, but seven times at least in every year. The Chancerie (a Court of Conscience forsooth) raised up­on pretence of equitie, and re­lief to such as complained of oppressions against the breakers of this Statute, which vvas the first confirmation of Magna Charta; and no sooner thus rai­sed, but it despised both its rai­ser, and the caus, extolled it self, and overtopped all the Courts of England; disusing to grant the antient Commissions in Eire to vvhom their Coun­ties chose; and of Oyer and Terminer to any that had oc­casion to use them, as lavvful vvas according to Fitz Herbent [Page 26]Nat. brev. fo. 112. and Cromp. s p. fol. 51. and all Writs to any vvithout excessive sees, and extortion, contrarie to all laws, the Oath of a Judg, and the practice of the office it self, as it was formerly gratis: and neglecting to send Magn. Char. to every Sheriff yearly, to bee read four times in full Counties, and to every Church to bee read twice yearlie: And the writ set down by the Lord Cook to bee issuable to all Sheriffs to apprehend all sub­verters of the Law, and to com­mit them to the common Gaol; which I consess is politickly forborn, least Chancellors and and the rest of their brother Jud­ges should bee taken for the chiefest delinquents in that kinde, and carried from West­minster [Page 27]to Newgate as (I dare swear) they have often deserv'd: But when I consider how ready their supersedease's are to She­riffs, Justices of Peace, &c. when they pleas, and their Injunctions to stay Suits at common Law, (most proper to bee determined there) and the disregard they make of the late Statute of 15to Hen. 6. 4to which forbiddeth them such matters, I confess no need they have to fear She­riffs to displeas them; but mar­veil how they can bee so uncha­ritable, as to separate mercie which they call equitie, from Justice, beeing that as Justice without equitie is merciless rigor, so Equitie without Justice (if any such could bee) would bee an unjust iniquitie, and both these (notwithstanding they would [Page 28]seem to divide Equitie from Justice) are found individuals in Chancerie, as Equitie and Justice were in Courts of com­mon Law, before Chancerie was; and so ought to bee still, as Mercie and Justice ever were and will bee in the individual trinumine chief Justice of heaven and earth, whose mercie is a­bove all his works; but Chan­cellor's works are commonly a­bove all mercie, when they can finde no time, normeans to end any Caus, till both parties finde 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 [Page 29]by a Suit in Chancerie, except it might bee John Johns 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 door'd ordouble­leav'd Court of Chancerie and Rolls, beeing most perni­cious to this Common-wealth, wch it generally beggereth to en­rich it self by encroaching upon all mens liberties, and drawing all those matters to Westminster which might bee decided at home, with far more speed, ju­stice, equitie, and conveniencie; and less charge, pains and at­tendance to both parties, where they are best known, or to bee [Page 30]known in their own Court. Let this Court bee spared, with the other, and the Common-wealth will bee further spared of the treble 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 Chancerie Caterpillars can sufficiently witness, if they pleas: whereof one thousand pounds per annum would bee a competent salarie for a Keeper of the Seal, and fiftie pounds per annum for his man to attend it: And another thousand pounds per annum to ten Clerks to do the office of six, (antient­ly blew bonnets, two thousand pound per ann. a piece or more) with allowance of Parchment, ink, wax, candles, firing, lodg­ing, [Page 31]and a fit office to write all necessarie Writs for all the Common-wealth. And the Clerkships of the Crown and Ha­naper may bee united in one person, (as in Ireland they were in Mr Edgworth, and since in Mr Carleton) who may bee thought worthie of five hun­dred pound per annum, and all accommodation for his office, without anie fees; and fortie 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 bee as wel spared as anie, for that all Common-pleas are common to all Courts in Cities, and Coun­ties, and ought to bee tried [Page 32]there, (as the Lord Co. upon Magn. Char. on the Countie Court confesseth) which spa­ring, would spare the Common wealth per annum no less then the greatest of the former two.

The Court of Exchequor re­duced to it's proper jurisdicti­on, officers, and fees, concern­ing the publick Revenues, may bee continued for that service onely, and suffice to maintein the Warden of the Fleet, and som 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 necessarie for England, as Landlopers for the Netherlands, where the Boars claw their backs, and their dogs bite their shins for their intrusions: or as droans are to Bee-hives, whence the Bees have good caus to chace them, for devouring their honey. For all matters of Assizes and Nisi priùs belong to Countie 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 Sheriffs turns, Leets, and Sessions of the peace, as the said Autors affirm, and [Page 34]the Commissions of the peace and Charters of Corporations can prove and warrant. Where­fore those three Courts spared (as well they may and ought) the Common wealth will bee further spared of two annual Visitations of severall 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 Marshalsey raised to that exorbitancie that King James and King Charls did, may and ought to follow their fortunes and their housholds; 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 Kings person; [Page 35]so ought that Court. The sparing of this Court would spare the Commonwealth a great deal of charge more then I can calculate; but Mr Say an honorable 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 imployments of many thou­sands of able men wrongfully [Page 36]imprisoned for debt, and con­vert the lives and imployments many thousands of Attornies, Sollicitors, Gaolers, Catch­pols, Decoyes, Setters, &c. to better uses both for their souls and bodies, and for the pub­lick benefit. Then Sheriffes Turns, Hundred Courts, Leets, Court Baron, Sessions of peace, and Corporation-Courts, re­stored to their ancient and right jurisdiction, which fall to them of themselvs, which when those aforesaid are taken away, would be all-sufficient, and onely necessary to hear and determine all the causses of England, reserving Appeals to such as shall have caus, to Parliament or Commissioners of Oyer and Terminer to bee assigned, as Fitz H. and Cromp. affirm anciently lawful, and [Page 37]usual, proof being made first of the partialitie, or injustice of the proper Court, and no bare accusation, allegation, or pre­sumption to serv 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 misde­meanors, Justices of Peace have power to hear & determine, but not to hinder in due execution of their Offices, which are all necessarie in their kinds in eve­ry Countie, and specially Co­roners and Clerks of the Mar­ket the first for discovering of murthers, &c. whereof God re­quireth an exact account, (as Scriptures and Reynolds Histo­ry sufficiently witness. And the other for the punishing of [Page 38]frauds in weights and measures, which Solomon saith are abo­minations to God; yet nothing more common amongst us, the more fearfull his judgements upon us without timelie 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 necessarie will bee no more chargable to the Common-wealth hereaf­ter, then alwaies they have been hrretofore, but as useful now as ever; and more profitable to the Common-wealth now, then ever before, becaus that in this time of Reformation, these Officers, as others, beeing cho­sen of approved persons for [Page 39]their Integritie, will endeavour (like their Superiours) the amendment of all offences, which they have power to chastize; whereas their Prede­cessors (imitating their Supe­riors) to their own ruine, in­tended their own private gain by publick transgressions, and to that end increased iniquities in themselvs, and others.

If any offer to plead, or ob­ject the customs and usages modernly observed time out of minde, against this reducement, and restauration of the Law, and its practice, to their anti­ent usages; I ansvver, Mala Consuetudo non est observanda: An evil custom is not to bee conti­nued; and Customs against Lavv are unlavvfull to be used: And to vvhat end is Reforma­tion, [Page 40]but to take avvay such cu­stoms? And Statutes lately made to support them, by those that raised and used them, for their own gain & others dam­mage? contrarie to all the Laws of God and Man, and especially of Magna Charta, and its confirmations, vvherein ap­pear the right and Primitive customs and usage of this land, agreeable to them, claiming therefore to bee restored, as in Justice they ought, and the o­ther to bee abolished, as like­vvise they ought.

And being com to speak of antient Customes to bee resto­red, & modern to bee abolish­ed, I cannot chuse but remem­ber the Poor, (as most men do) in the last place: for it vvas a custom as antient as Christi­anitie, [Page 41]for Christians to give lands, moneys, and goods in a large measure to relieve the poor, till Monks, Friers, and other Abbey-lubbers (as unsa­tiable, as idle) dulled mens cha­rities with their continual beggings in the name of the poor, and grew sacrilegious, robb'd spittles, made that which was common to the poor, as well as themselvs, proper to themselvs, and gave out of that which was none of their own, for assistance to counte­nance that Sacriledge, the first Fruits, Tenths, &c. 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 [Page 42]as hee. Whosoever conceive's I write too boldly, or speak too plainly herein, let him read (not onely Histories forraign and domestick, but) the Re­cords and Statutes, extant and in force amongst us, videlicet, That of Carlile de Asportatis Re­ligiosorum 35to. Ed. 1. And that de terris Templariorum 17o. Ed. 2 And those of the dissolutions of Henr. the 8th. between which first & last hee may finde manie more to inform his conscience, so that his heart may think, his tongue speak, and pen write much more then I do in this matter: All that I desire is, that the poor may be looked upon, if not with an eie of pitie, yet with an eie of wisdom, taking notice that if the wedg of A­chan bee not enquired for, dis­covered, [Page 43]and recovered, the Na­tion may rue it: And that Popes, Kings, Bishops, &c. that cared not how lean they made the poor, while they might make themselvs fat with their provisions; and those that ex­spected their reversions, have caus by this time to bee sensible of their Sacriledg.

And that therefore the Spi­rit of Reformation would bee manifested in the works of Charitie; and if such as have griped the patrimonie of the Church into their claws, can finde in their hearts to restore to the poor no part of that in­terest which all the said Statutes and manie more, and all the writings of the Fathers, and manie of our own modern Bi­shops (who unjustly detained [Page 44]all they could from them) a­bundantly confess and testifie 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 &c. and other devout Donors, and Be­nefactors to such places, from time to time so excessively bountiful to the Clergie and Corporations for the poors sake, that the Statutes of Mort­main were made to restrain them.

All which notwithstanding the Clergie possessed no less then a third part of England and France (as Sir Walter Rawleigh and Sir Nathanael Brent have written) but not to [Page 45]their own uses (as they wick­edly converted it) but as Ad­ministrators to and for the poor, as the same Autors, all the Fathers, and Littletons Te­nures de frank Almonie, and Te­nant in common sufficiently witness. Yet may the Parlia­ment bee pleased that Commis­sions for charitable uses bee 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 ought to neglect his own charge to fol­low others profit gratis, which mkaeth the Commission now [Page 46]in London and elswhere ill ex­ecuted, as the distressed of Ire­land by wofull experience can lamentably verifie. Nor let the number for a Court exceed 3, for the eas of the charge, which must bee either charitably al­lowed and paid by the State, or deducted (as the late Lord Privie Seal in the book of or­der approved by the Councell Table 6to Car. and the Addi­tional Act for the Sabbath, &c. declare to be lawfull for pro­secutors) out of the poor's right. Nor let such Commis­sions be limitted 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 bee a Prelatical Chan­cerized confederacie to de­lude [Page 47]and defraud the poor at their pleasures; witness the heaps of lost labored decrees made thereupon, remaining unexecuted in the Petty-bag Office. And Philip Thomas his experiment in the carriage of many thereof in Abbots, Lauds, Coventries and Littletons reigns; which hee 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 don gratis, would bee more charitably don for the poor, then for Justices; and hee may shorten his labor by making one Commission [Page 48]for severall 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, &c. 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 Lawes and Legacies, then any [Page 49]other Nation can parralel, and deluded like Tantalus for his ap­ple, may by this meās be inabled to catch into their emptie, vain, gaping, begging mouths, and hungrie panches, some crums of some Alms-houses, to pro­long their daies, to direct their praiers 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 bee im­ploied for benefit to themselvs and others, and so the streets and fields bee cleared of those loathsom sights and importu­nate clamors which Forrainers admire, and Domesticks abhor, yet neither help: All which I humbly submit to all hono­rable, [Page 50]charitable, and religious considerations, which God guide for his own Glorie, and their own good, Amen.

Postscript.

I Hear I am charged with using other heads then mine own in these my poor la­bors. Truly I cite my Autors as the onely heads I dare trust to defend mee and mine from the hands of their degenerate successors, and such others as (regarding their ill-gotten wealth more then their souls) malign my endeavours in seek­ing to restore those springs that flow from my said Autors (the pure heads thereof) to their proper Chanels, and dismay such heads and hearts as might and would give mee helps, or write better them­selvs; so that all the helps I can get of them, is but to tell mee, that they would not write [Page 52]so plain as I do in this m̄atter for thousands of pounds.

Whereto I answer, they have so much to lose, and I but my life and labor, which for truth, and its plainness, I am ready to sacri­fice to Gods providence, which I finde not careless of my prote­ction, having raised mee ho­norable friends without any merit or exspectation of mine, but onely 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 mee for my affection in particular to himself, in general to al, hearteneth mee more then many to proceed in my work, [Page 53]not for its workmanship, but its meaning, not for its plansi­bility at present, but its possi­bility in future, not for its dictaste to angel-tong'd Lawyers, corrupt-lung'd Gao­lers, &c, whose exorbitances, not persons, are distastefull to him, and all good Christians; but for its seasonableness, ti­mously to inform them to mend themselvs speedily, or submit to be mended by more indiffe­rent judgments; not for any profit that may thereby re­dound to him in private, more then shall to all in publick; not for any prais hee desireth (which I must witness hee de­ser veth above many thou­sands) to himself; but for the glorie of God, which hee zea­lously [Page 54]intendeth in all his stu­dies & actions, & honor of most worthily-honored personages (of his kindred and alliance) which hee conceiveth will bee much improv'd 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 exspe­cted by all (except those pro­misers that never meant to bee performers) and particularly pointed at in this Treatise, and my former, so far as I humbly conceiv necessarie for Law, & Officers needfull for the Com­monwealth: For which vi­geat, floreat, duret, shal bee my daily praiers. 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 Common-wealth.

To the Kings most excellent MAIESTIE.

HUmbly shew unto our Sovereign Lord the king, the Lords Spiri­ual and Temporal and Com­tmons in Parliament assem­bled, [Page 56]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 bee 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 Commonaltie of this Realm. And by Autoritie 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 bee compelled to make anie Loans to the King against his will, becaus such Loans were a­gainst [Page 57]reason, and the Fran­chise of the Land. And by o­ther Lawes of this Realm it is provided, that none should bee charged by anie 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 bee 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 sundrie Commissioners in several Counties, with instru­ctions, have issued; by means your people have been in di­vers [Page 58]places assembled, and re­quired to lend certain sums of money unto your Majestie, and manie of them upon their refusal so to do, have had an Oath administred unto them, not warrantable by the Laws or Statutes of this Realm, and have been constrained to be­com bound to make appear­ance, and give attendance be­fore your Privie Councel, and in other places; and others of them have been therefore im­prisoned, confined, and sun­drie other waies molested and disquieted. And divers other charges have been laid and le­vied upon your people inseve­ral Counties, by Lord Liev­tenants, Deputic-Wievte­nants, Commissioners for Musters, Iustices of Peace, [Page 59]And others by Command and Direction from your Majestie, 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 bee taken or imprisoned, or bee disseised of his Free-hold, or Liverties, or his free Customs, or bee outlawed, or exiled, or in anie manner destroyed, but by the lawful Iudgment of his Peers, or by the Law of the Land.

And in the eight and twentieth yeer of the reign of king Ed­ward the third, it was declared and enacted by autoritie of Parliament, that no man of [Page 60]what estate or condition that hee bee, should bee put out of Land or Tenements, nor ta­ken nor imprisoned, nor dis-herited, 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 caus shewed: and when for their de­liverance they were brought before your Iustices by your Majesties Writs of Habeas corpus, there to undergo and receiv as the Court should or­der, and their Keepers com­manded to certifie the causes of their detainer, no caus was cer­tified, [Page 61]but that they were de­teined by your Majesties 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 Souldiers and Mariners, have been dispersed into divers Counties of the Realm, & ye inhavitants, against their wils, 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 auto­ritie [Page 62]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 bee 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 bee 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 kinde soever, is exempted from the proceed­ings to bee used, and punish­ments to bee inflicted by the Laws & Statues of this your Realm: Nevertheless, of late time divers Commissions under your Majesties great [Page 63]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 Iustice of Martiall Law, against such Souldiers or Mariners or o­ther dissolute persons jeyning with them, as should commit anie murther, robberie, felo­nie, mutinie, or other outrage, or misdemeanor whatsoever, and by such summarie cours and order, as is agreeable to Mar­tial Law, and as is used in Armies in time of War, to Proceed to the tryal and con­demnation of such offenders, and them to caus to bee execut­ed and put to death according to the Law Martial.

By pretext whereof som of [Page 64]your Majesties Subjects have been by som 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 sundrie grievous offenders by color 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 Iustice have unjustly refused, or for­born to proceed against such of­fendors, according to the same Laws and Statutes, upon pretence that the said offenders [Page 65]were punishable only by Mar­tial law, and by autoritie of such Commissions as afore­said. Which Commissions, and all other of like nature are wholly and directly contrarie to the said Laws and Statutes of this your Realm.

They do therefore humbly pray your most excellent Ma­jestie that no man hereafter bee compelled to make or yield anie Gist, Loan, Benevolence, Tax, or such like Charge, without common consent by Act of Parliament. And that none bee called to make answer, or take such Oath, or to give attendance, or bee con­fined, or otherwise molested, or disquieted, concerning the same, or for refusal thereof. And that no Freeman, in anie [Page 66]such manuer as is before men­tioned, bee imprisoned or de­tained. And that your Maje­stie would bee pleased to re­move the said Souldiers and Mariners, and that your peo­ple may not bee so burthened in time to com. And that the foresaid Commissions for proceeding by Martial Law, may bee revoked and annulled. And that bereaster no Com­misions of like nature may issue forth to ante person or per­sons whatsoever, to bee exe­cuted, as aforesaid, lest by co­lor of them ante of your Ma­jesties Subjects bee destroyed, or put to death, contrarie to the Laws and franchise of the Land.

All which they most humbly pray, of your most Excellent [Page 67]Majestie, as their Rights and Liberties, according to the Laws and Statutes of this Realm. And that your Ma­jestie would also vouchsafe to declare that the Awards, do­ings, and proceedings, to the prejudice of your people, in a­nie of the premisses, shall not bee drawn hereafter into con­sequence or example. And that your Majestie would bee also graciously pleased. for the further comsort and saretie of your people, to declare your Royall will and pleasure, That in the things aforesaid, all your Officers and Mini­sters shall serv you, according to the Laws and Statutes of this Realm, as they tender the Honor of your Majestie, and the prosperitie of this King­dom.

Which Petition beeing read, the second of June, 1628. the Kings An­swer was thus deliver­ed unto it.

THe King willeth, that Right bee don, according to the Laws and Customs of the Realm; And, that the Sta­tutes bee put in due Execu­tion, that His Subjects may have no caus to com­plain of anie wrong, or oppressions, contrarie to [Page 69]their just Rights and Li­berties: To the preserva­tion whereof, Hee hold's Himself in conscience as­wel obliged, as of his Pre­rogative.

But this Answer not giving satisfaction, the King was again petitioned unto, that hee would give a full and satisfactorie Answer to their Petition in full Par­liament.

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

My Lords and Gentlemen!

THe answer I have alreadie given you, was made with so good deliberation, and approved by the Judg­ments of so manie wise men, that I could not have ima­gined, but that it should have given you full satisfaction; but to avoid all ambigu­guous [Page 71]interpretations, and to shew 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 bee distinct­ly read by the Clerk of the Crown, The Clerk of the Parliament read the Kings Answer there­to in these words,Let Right bee don as is de­sired. Soit droit fait come est desire.

Which beeing don, the King in Person said thus:

THis I am sure is ful; yet no more then 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 Maxime is, That the People's Libertie strengthen's the Kings Prerogative, and [Page 73]that the Kings Prerogative, is to defend the people's Li­berties.

Yee see now, how readie I have shewed my self to satisfie your Demauds, so that I have don my part; Wherefore if this Parliament have not a happie Conclusion, the sin. is yours, I am free of it.

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

His MAIESTIES Speech to both Houses, Before His Roiall as­sent to the Bills, was this.

My Lords and Gentlemen!

IT may seem strange that I com so sud­denly to end this Session: therefore before I give my assent to the Bills, I will tell you the Caus, [Page 75]though I must avow that I own an account of my Actions to none but God alone. It is known to everie one, that a while ago the Hous of Com­mons gave mee a Remon­strance; how acceptable eve­rie man may judg; and for the merit of it, I will not call that in question, for I am sure no wise man can justifie it.

Now since I am certainly informed that a second Re­monstrance is preparing for mee, to take away my profit of Tonnage and Poundage (one of the chiefest maintenances of the Crown) by alledging that I have given away my right thereof, by my Answer to your Petition.

There is so prejudicial unto mee, that I am forced to end this Session som few hours be­fore I meant it, beeing willing not to receiv anie more Re­monstrances, to which I must give a harsh answer.

and since I see that even the Hous of Commons begin's alreadie to make fals Con­structions of what I granted in your Petition, lest it bee worsinterpreted in the coun­trey, 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 waies to trench upon my Pre­rogative, [Page 77]saying, They had neither intention nor power to hurt it.

Therefore it must needs bee conceived, that I have grant­ed no new, but only confirm­ed the ancient Liberties of my Subjects: Yet to shew 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 don, whereby men had som caus to suspect the Li­bertie of the Subjects to bee trench't upon (which indeed was the first and true ground of the Petition) shall not here­after bee drawn into Example [Page 78]for your prejudice: And in time to com (in the word of a King) you shall not have the like caus 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 mee to grant.

To conclude, I command you all that are here, to take notice of what I have spoken at this time, to bee the true in­tent and meaning of what I granted you in your Petition: But especially you, my Lords, the Judges, for to you onely, under mee, belong's the inter­pretation of Laws; for none [Page 79]of the Houses of Parliament, joynt 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 bee read in the Act, Intituled, An Act for the declaring unlawfull and void the late proceedings touching Ship­monie, 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 Majestie, and the Lords and Commons in this present. Parliament assembled, [Page 81]and by the autoritie 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 everie 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 contrarie to and a­gainst the Laws and Statutes of this Realv, the Right of Propertie, the libertie of the Subjects former Resolutions in Parliament, and the Petition [Page 82]of Right made in the third year of the Reign of his Ma­jestie, that now is. And it is further declared, and enacted by the Autoritie aforesaid, That all and everie the Par­ticulars praied or desired in the said Petition of Right, shal from henceforth bee put in Execution accordingly, and shal bee firmly and strictly holden and observed, as in the some Petition they are praied and expressed.

Observ that the greater part of Justices and Barons, used to direct Writs and A­greements, and give their O­pinions and Judgements con­trarie [Page 83]to and against the Laws and Statutes of this Realm, the Right of Propertie, & the libertie 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 publick mischiefs?

FINIS.

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