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A43359 Arguments proving the jurisdiction used by the president and counsell in the marches of Wales, over the counties of Glouc., Worcester, Hereford, and Salop to be illegall, and injurious, and a meere incroachment beyond their appointed limits and the proofe is like a threefold cord, not easily broken, viz. [brace] by statutes, by law bookes, by records : whereunto is added a catalogue of part of the manifold grievances to which his majesties subjects are lyable, who live within that jurisdiction. W. H. 1641 (1641) Wing H149; ESTC R41259 6,819 16

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minors who according to the Ecclesiasticall law have put in good security to the Bishop or his Chancellor have beene drawne thether and inforced to put in other security and make yearely accompt there to their great travell and charge 19 Although their instructions extend but to 50 pound yet they having power to heare all matters of equity by reason or colour thereof they doe Judge and determine matters of any summe or value whatsoever not only for goods but for land 20 They usually alter and stall possessions and oftentimes upon oathes of prosecutors wherby men loose their right and inheritance at least with much charge and difficulty regaine the same 21 Sequestrations are usually granted both for lands and goods for not performing of some decree collaterall for debt or other things which is not so practised either at common law or in Chancery Besides they sequester copy hold lands which is not liable to a judgement at law or any other processe whatsoever being no estate in the eye of the law but only ad voluntatem domini 22 Suits are brought there for titles and other matters of weight and many witnesses examined in perpetuam rei memoriam and otherwise yet all cast away though under their seal exemplyfied for being no Court of Record they are rejected and not permitted by the Iudges to be read at affizes c. 23 Many suits are there commenced for causes not within their instructions whereof they will take no notice but suffer the plaintife and defendant to spend much money to bring it to hearing and then some they will dismisse some others they will heare and sentence because they are in no danger only the party grieved may sue forth a prohibition out of the superior Courts at Westminster 24 The Sheriffes to their great charge and travaile execute many processe issuing out of that Court yet others there are authorised to receive the Fees incident for the same and doe receive it accordingly 25 Hence it comes to passe that Proclamation some other proces directed to the Sheriffes never comes to their hands but are returned there and the Fees taken to the great prejudice of the def who hath not that notice of the suit which the law intendeth him 26 They award binding processe against many poore and needy persons authorising commissioners of small respect to apprehend them and if they cannot find sufficient securitie as seldome they are able to doe to carry them to the next Goale and so oftentimes they bring them into Corporations where either they breake Goale being constrained thereunto by hunger which will breake stone Walls and then that Goaler must pay the debt Or else if they escape not they are maintained at the charge of that place and if a Goaler refuse to take into his custody any such beggerly fellow they will fine him 27 If a Gentleman dwell above a 100 miles out of the jurisdiction of that Court yet hath some land there lying and happily may come to receive his rent or see his land c. And then if some troublesome tenant or other doe serve him with processe out of that Court that shall conclude him and he enjoyned to attend that Court and to performe the decree and sentence thereof 28 If a man be sued in that Court for entry with force and takes away goods the plaintife shall recover damages and the def be fined to the King and yet if the plaintife will sue at law for the same thing as sometimes they do the def cannot pleade the former recovery in barre but is inforced to make a second composition 29 Many lewd and dissolute fellowes live by serving the processe of that Court and making Affidavit thereof and though they can neither write nor reade yet will sweare the serving of 40 or fifty processe at one time wherein they cannot but oftentimes forsweare themselves and much prejudice the def 30 Informers upon penall statuts adventure to sue there having no proofe at all but relying upon the des examination upon a multitude of Interr whereby he shall accuse himselfe against the liberty of the subject and then right or wrong he must give bond with two sureties of 40 pound to abide the hearing to avoid which trouble and charge the Informer obtaines his ends viz. a composition 31 The charge of the countrey is not small when that Court removes from one place to another with all their incidents and accommodations as if the King were going a progresse 32 His Majestie and divers of his officers are great loosers upon fineable writs above 40 pound which are swallowed up by this Court 33 The authority of this Court is augmented or diminished as it shall please the King to give instructions whereby apparant that it is meerly arbitrary and once in the time of Queene Eliza. The Court had power by their instructions at least did practise power to enjoyne proceedings at the common law which although it is not now used against suits at Westminster yet the inhabitants are still in danger to be subject to the like by the alterations of the instructions 34 If the King and wisdome of this present Parliament would not intrust them nor the like arbitrary Court with criminall why then with civill causes 35 The wages and maintenance of the Judges and officers there ariseth out of the mulcts fines and punishments of the subjects which is a very great inconvenience being well considered for by reason thereof fines are or may be imposed super quantitatem seu qualitatem delicti 36 And although the Lord President and Justices now there are honourable worthy and just men as ever were yet it is doubtfull whether succeeding times may not place such governours Justices and Officers there which may be more grievous to the people and whether instructions being altered or inlarged the inhabitants may not be in greater subjection and who would live in feare of alteration of Government W. H. no. 2. FINIS