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king_n	edward_n	england_n	year_n	23,637	5	4.8786	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A80048	Judges judged out of their own mouthes or the question resolved by Magna charta, &c. Who have been Englands enemies, kings seducers, and peoples destroyers, from Hen. 3. to Hen. 8. and before and since. Stated by Sr. Edvvard Coke, Knt. late L. Chief Justice of England. Expostulated, and put to the vote of the people, by J. Jones, Gent. Whereunto is added eight observable points of law, executable by justices of peace.	Jones, J., Gent.; Coke, Edward, Sir, 1552-1634.; England. Magna Charta.	1650 (1650)	Wing C4938; Thomason E1414_1; ESTC R13507	46,191	120

Gratis and no Judge to take any Fee or Reward for any thing but of himself Eightly Do they not deny Justice when they deny such Writs Gratis Ninthly Do they not defer Justice when they detain poor men that are Bailable in Prison while they have sufficient men ready to tender for their Bail till they be forced to borrow money of other friends and to send far and stay long before they can receive it to loose their Bail in the interim and be forced to seek others by which delays their Goalers Fees increase and their Dyer Lodging and Expences draw charges which they might have saved to find Bread for their Wives and Children at home who perhaps are forced to fast by that means and to sell or pawn their Cows or Clothes for this money this damnable money thus extorted by a Judge for scribling his Infamous name to a Writ which doth but wrap a man and his cause faster in his clouches O Merciless Miserable Mercinary Judge that can neither give nor lend so little as his name to so much goodness in Policie if not in Charity to give a man Liberty to breath and take leave of his Home upon security of more advantage both to Court and Party than his imprisonment to return to his Pinfold Radamanth himself abhorreth such foolish covetousness Do they not defer Justice when by their Writs they cause Indictments Informations and just Suits Commenced in other competent and more proper Courts in all parts of the Kingdom to be removed to Westminster and there detained without any Tryal these 40 years How many thousands of Papists and heinous Malefactors that should have been punished in and by their Counties and Courts at home have by this means found Westminster and its Courts their onely Sanctuaries and Priviledges for none but Eminent Opulent Impenitent Offendours But is not Justice denyed when any Bailable man is denyed to be Bailed Or more when Bail is accepted upon Oath for its sufficiency and is denyed to be Filed and the Party so Bailed in Law detained Prisoner still at the Judges and Planriffs pleasures Briefly Is not the Administration of all the Law and Justice in England Ingrossed and Monopolized at Westminster where the Judges and Courts assume to be chief and do exercise a plenary jurisdiction over all others so that they suffer none but themselves to erre or to abuse Law nor any to accomplish any Justice or to reform any Errors but onely themselves who do pretend to correct all in their Exchecquer-Chamber where instead of correcting any they confirm their own which must be all as aforesaid Lastly is it unknown that they were wont to Buy their Offices of the Kings Servants and therefore to Sell their Under-Offices to their own Servants Attorneys c. And was not this the Buying and Selling of Justice that is yet unpaid for had need so to be Reformed Is it any reason that any should Buy Justice and not Sell it for gain by the Bargain Is it not Bought to that end Is it not to that end Judges neglect to give Attorneys their ancient Oath whereby they were wont to be Sworn to do no Falshood nor cause any to be done in their Courts and if they knew any to give knowledge thereof to the Judges c. that they should increase no Fees c. as you may read it at large in the latter end of the Attorneys Academy Is it not to the same end that Judges neglect to give all Plantiffs for Trespass their Oaths that the Trespass amounteth to 40 f or more or else let the Suit be Tryed in the Sheriffs Court at home according to the Statute of Glocester 6. Ed. 1. cap. 8. And is it not likewise to the same end they neglect to take security of all Plantiffs to prosecute all Actions with effect or pay Costs and Damages to the Defendants if they prove not their Issues which Judges anciently used to do and still ought before any Declaration be admitted or Plea required as saith the Mirror of Justice fol. 64. b. Is it not to the same end the Chancery neglecteth to take the Oath of all Complainants to make good their Bills in all points or pay Costs and Damages in case they fail and that before any Sub-poena be granted them according to the Statute 15. H. 6. cap. 4º And were not all well ended if all the end were that none were forsworn for Injustice but the chief Justices though comfortless for them to be so wretched as to have no associates is it not the worse for the People that their Ministers which ought to be Sworn as aforesaid are not Whereby old Attorneys without hazard of Perjury lead young Judges Sworn to what they know not to do what they should not as when so many subtil and lying Mercuries direct so many covetous and blind Cupids to shoot forth their arrows that they may stick them where they please and commend the shooters for hitting the marks that yield them the best sports of the gain The rest of this Charter I shall omit as aforesaid for the reasons aforesaid and shall conclude this with the beginning of another made in Confirmation Renovation and Perpetuation thereof by King Edward the first in the 28 year of his Reign as followeth viz. EDWARD by the Grace of God King of England Lord of Ireland Duke of Guyen To all Arch-Bishops c. greeting We have seen the great Charter of the Lord Henry our Father of the Liberties of England in these words And so beginneth the Charter as aforesaid and ondeth this and it together saying We ratifying and approving these gifts and grants aforesaid confirm and make strong the same for us and our Heirs perpetually and by tenor of these presents renew the same Willing and granting for Vs and Our Heirs that this Charter and all and singular its Articles for evermore shall be stedfastly and inviolably observed And if any Article in the same Charter conteined yet hithirto peradventure hath not been observed nor kept We will and by Our Authoritie Royal command from henceforth firmly they be observed These c. being witnesses Given at Westminster under Our own hand the 28 of March in the 28 year of Our Reign Again where the L. C. maintaineth the Statute of Marlebridge made 51 Hen. 3. cap. 5. which saith The great Charter shall be observed in all its Articles as well in such as pertain to the King as to others and that shall be enquired of before the Justices in Eyre in their Circuits and before Sheriffs in their Counties when need shall be and writs shall be freely granted against them that do offend b●fore the King or the Justices of the Bench or before Justices in Eyre when they come into those parts c. And the offendors when they be convict shall be grievously punished by our sovereign Lord the King in form above mentioned Expost and Quer. I shall but ask Why not Justices in

Authority of Parliament but of many Parliaments such Parliaments of such Infallibility as were those wherein Magna Charta and all its Confirmations were made and grounded upon the Common-Laws of England which as all Lawyers profess were grounded upon the Law of God the Word of God the God of Christians Christ Jesus the God of Truth even Truth it self to put them in Execution If not To what ends are Parliaments or the Laws of God and man to such as dare not or will not if and when they may Doth not the Statute of Ano. 1o. P. M. cap. 12o. which made it Fellony for twelve English persons or above to assemble together of purpose to break any point of the Laws of England imply it to be Warrantable for all the People of England to Assemble together to cause the Laws of England made by all their consents to be observed and to punish not onely the Breakers but also the onely begetters and causers of all the Breakers and Breaches of all the Laws of England the onely assumers of the knowledg thereof and concealers of that knowledge from the People so that none but themselves can knowingly break the Laws because they will not let them know them Lastly If Excommunications be nothing formidable to Lawyers to make them care whether they incur or shun them but as their profit guids them Let us see what the L. Coke saith fol. 536. concerning the conclusion of this Act and the Seals that were put to it and the Oaths of the King and Parliament then and for ever for the Ratification of it omitted in the Stat. at large in Print but to be seen in the Tower Rot. Parl. 7o. Hen. 4th no. 60. begining with the word Simile c. Note saith he the Solemnitie of this Act in that all the Arch-Bishops Bishops Earls Berons c. did put their Seals thereunto A rare example which was done for the obliging of them the more firmly to the observation of this Act which concerned the Laws Liberties and Free-Customs of their Countrey and for their greater Obligation for the due Observation of this Act they took a voluntary Corporal Oath And let us note Expost Q. that if the Judgement of God and this Parliament hath made the Prelates sensible of their slighting of their Predecessors Excommunications seals and oaths by what justice or excuses shall Lawyers avoid the same Judgement And though the Ignorance of Mag. Charta and the Law which Lawyers have begotten caused by concealing the same from them as aforesaid can be no safe Plea for any with God or man without prayers for Remission and manifestation of Repentance yet is Ignorance a better subject for mercy than knowing wilfulness and the people while ignorant of Mag. Charta are more capable of grace for the breaking of it than when they know it if they put not the Iudgements of it in Execution against the causers of their offence Now I shall let you see that there were two Excommunications denounced against the breakers of Mag. Charta according to this Statute as followeth The Year of our Lord One thousand two hundred fiftie three Excomunic prim the third of May in the great Hall of the Ring at Westminster in the presence and by the assent of the Lord Henry by the Grace of God King of England and the Lord Richard Earl of Cornwall his brother Roger Bigor Earl of Norfolk and Suffolk Marshal of England Humohrey Earl of Herford Henry Earl of Oxford John Earl Warren and other estates of the Realm of England We Boniface by the mercie of God Arch-bishop of Canterbury Primate of all England T. of London H. of Ely S. of Worcester E. of Lincoln W. of Norwich P. of Herford W. of Salisbury W. of Durham R. of Excester M. of Carlile W. of Bath E. of Rochester T. of S. Davids Bishops apparrelled in Pontificals with tapers burning against the breakers of the Churches Liberties and of the Liberties or other Customs of the Realm of England and namely of those which are contained in the Charter of the Common Liberties of England Charter of the Forrest have denounced the sentence of Excommunication in this Form By the Authoritie of Almightie God the Father the Son and the holy Ghost and of the glorious Mother of God and perpetual Virgin Mary of the blessed Apostles Peter and Paul and of all Apostles and of all Martyrs of blessed Edward King of England and of all the Saints of heaven We Excommunicate accurse and from the benefits of our holy Mother the Church we sequester all those that hereafter willingly and maliciously deprive or spoil the Church of her Right and all those that by any craft or wiliness do violate break diminish or change the Churches liberties and Free-customs contained in the Charters of the Common liberties and of the Forrest granted by our Lord the King to Arch bishops Bishops and other Prelates of England And likewise to the Earls Barons Knights and other Freeholders of the Realm and all that secretly or openly by deed word or counsel do make Statutes or observe them being made or that bring in Customs or keep them being brought in against the said libertis or any of them the Writers Lawmakers Counsellors and the Executors of them and all those that shall presume to Judge against them All and every which Persons before mentioned that willingly shall commit any thing of the Premises let them well know That they incur the foresaid sentence Ipso sacto first upon the deed done And those that commit ought ignorantly and be admonished except they Reform themselves within 15. daies after the time of the Admonition and make full satisfaction for that they have done at the will of the Ordinary shall be from that time forth wrapped in the same sentence And with the same sentence we burthen all those that presume to perturb the peace of our Sovereign Lord the King and of the Realm To the perpetual memory of which thing We the aforesaid Prelates have put Our Seals to these Presents What though the Form of this Excommunication be Popish Expost and Quer. Is not the Substance the maintenance of Englands Liberties And is not that all which the meaning of this Law requireth If Judges and Prelates as well since King Hen. 8. as before have neglected their Duties in Itterating the charge of their Functions the first in pronoucing Sentence and the other in Executing it doth not once pronoucing once executing of such one Sentence of Law as concerneth all Ages Sexes and Conditions of People to learn and remember no less for the Preservation of their lives and livelihoods than Scriptures for their Salvation take away the plea of Ignorance from all men Shall any man commit that sin which he knoweth to be once so Declared by the Law and think to avoid punishment because not often so Declared by Law-Professours Are not all men bound to search the Scriptures and

learn the Laws at their perils therefore If Ignorance were a plea shall knowledge be excused Professors of knowledg nay such as ingross that Profession from all others nay more such as are the onely causers and punishers of all other mens Ignorance It appeareth that this Sentence was Denounced in the time of King Hen. 3d. Now followeth another Denounced upon the said Confirmation made in the 25th year of King 8d 1o. viz. In the Name of the Father Excom 2. the Son and the Holy Ghost Amen Whereas our Sovereign Lord the King to the Honour of God and Holy Church and for the common profit of the Realm hath granted for him and his Heirs for ever these Articles above written Robert Arch-Bishop of Cauterbury Primate of all England Admonished all his Province Once Twice and Thrice Because that shortness will not suffer so much delay as to give knowledge to all the People of England of these Presents in Writing We therefore injoyn all persons of what Estates soever they be that they and every of them as much as in them is shall uphold and maintain these Articles granted by our Sovereign Lord the King in all points And all those that in any point do resist or break or in any manner hereafter procure counsel or any wise assent to resist or break those Ordinances or go about it by word or deed openly or privily by any manner of pretence or colour We the foresaid Arch-Bishop by our Authority in this Writing expressed do Excommunicate and accurse and from the Lord Jesu Christ and from all the company of Heaven and from all all the Sacraments of Holy Church do sequester and exclude Doth not the word Hereafter Expost Q. 1 extend to all successions and implie a Duration as long as there be a Mag. Charta and a breaker of it Do not Parliamentarie Oaths as well as their Laws include absents and futures as well as present If neither Oaths nor Excommunications be obligatorie to Atheists shall not their hands and seals bind them and their Heirs and Executors after them as common Bonds signed and sealed between private parties commonly do And more specially such as take upon them the sole Execution and Administration of the Laws Liberties and Freehold of England Shall not Charters of Parliament made signed sealed and confirmed by Authoritie of Parliaments bind all Subjects their Heirs Executors and Administrators as well and as far as private Charters of Feofments shall bind their Contractors and their Heirs c. Nay as far as Acts of Parliament can bind till repealed Is not every Court called Curia of the Care it ought to have to execute that charge it undertaketh and not to exact and raise Fees c. for discharging themselves of all their said Obligations to do even Justice to all men and to force men to pay those exactions even for doing injustice If all before written be not sufficient to discover that to be true and that therefore the Lives Lands Goods possessed by Judges Lawyers all or most of them are in the States power to seize into their hands to the use of the Common-wealth as aforesaid let us look a little further and we shall find more that may And first the Statute called Articuli super Chartas viz. Stat. of Artic. on the great Chart. A. 28. Ed. 1. Articles upon the great Charters made 28. of Ed. 1. viz. the same year as the Confirmation at large which consisteth of 38. chapters of Magna Charta was made proveth further as followeth For as much as the Articles of the great Chart●r of the Liberties of England Preamble and of the Charter of the Forrest the which King Henry Father to our Sovereing Lord the King granted to his People for the Weal of his Realm have not been heretofore observed ne kept and all because there was no punishment executed upon them which offended against the points of the Charters before mentioned Our Sovereign Lord the King hath again granted revived confirmed them at the requests of his Prelates Earls Barons assembled in His Parliament holden at Westminster in the ●8 year of his reign And hath ordained enacted and established certain Articles against all them that offend contrary to the points of the said Charters or any part of them or that in any wist transgress them in the form that ensueth viz. First of all That from henceforth the great Charter of the Liberties of England granted to all the Commonaltie of the Realm and the Charter of Forrest in like manner granted shall be observed kept maintained in every point in as ample wise as the King hath granted renued and confirmed them by this Chart. And that the Charter be delivered to every Sheriff of England under the Kings Seal to be read four times in the year before the people in the full County that is to wit the next County day after the Feast of S. Michael and the next County day after the Feast of the Circumcision and after Easter and after the Feast of S. John Baptist And for these two Charters to be firmly observed in every point and Article where before no remedy was at the Common Law there shall be chosen in every Shire Court by the Commonaltie of the same shire three substantial men Knights Justices of Oyer Term. or other lawfull wise and well disposed Persons to be Iustices which shall be assigned by the Kings Letters Patents under the great Seal to hear and determine without any other Writ but onely their Commission such plaints as shall be made upon all those that commit or offend against any point contained in the aforesaid Charters in the Shires where they be assigned as well in Franchises as without and as well for the Kings servants out of their places as for other And to hear the plaints from day to day without any delay and to determine them without allowing the delays which be at the Common Law And the same Knights shall have power to punish all such as shal be attainted of any Trespass done contrary to any point of the two said Charters where no remedy was before at the Common Law as before is said by Imprisonment or by Fine or by Amerciament according to the Trespass Nevertheless the King nor none of his Councel that made this Ordinance intend that by virtue hereof any of the foresaid Knights shall hold any manner of Plea by power for to admit any suit in such cases wherein there hath been remedy provided in times passed after the course of the Common Law by writ Nor also that the Common Law should be prejudiced nor the Ch. aforesaid in any point And the K. Willeth that if all three be not present or cannot at all times attend to do their Office in form aforesaid the King commandeth that two of them shall do it And it is Ordained that the Kings Sheriffs and Bailiffs shall be attendant to do the commandments of

in Countrey whereby he saith the Laws and the due execution thereof were disturbed the remainders of the Factions of the Spencers and others who in Edward the 2d. his time had made such Judges as had put all Laws out of all order so that this King being Edward the 3d. could not reform what had been deformed hitherto but now endeavoureth to do it by means of this Oath made in Parliament in the 18th year of his Reign and this Act made in the 20th If Kings endeavoured to perform their duties as this King did and Judges would not should not such Judges suffer as in this Kings time divers did If Kings and Judges contrary to their Oaths and Offices omit their duties as this Kings Father and his Judges did should not such Kings and Judges suffer for their defaults as he and they did If Kings and Bishops did lately neglect their duties contrary to their Oaths and Offices and were punished for their defaults why not such Judges as were the greater Delinquents for suffering them so to offend and more for consenting thereto And more than that when they advised the same If the secret Sacriledge of one Achan deserved Gods indignation against all his People of Israel until they discovered and punished him and his Offence What doth the manifest extortion a sin no less prohibited than Sacriledge of so many Achans merit of Gods Judgements against the whole Nation of England if they prosecute not or leave unpunished their Offences which are more than Extortions as Perjuries Forgeries Sacriledge it self and divers others spoken of before Judge O People Judge your selves O ye People least ye be Judged FINIS POST-SCRIPT IF it please the Parliament to require more proofs than common experience of the common breach of all the Common Law of England by our common Mercinary Judges they may cause Commissions in Eyer or other Oyers and Terminers to be issued to clear the matter by more particular evidences Eight Observable POINTS OF LAW Executable by Justices of the Peace in their Counties and Magistrates in their Corporations Necessary to be known to the COMMON PEOPLE 1. The choise of all Officers of Peace and Trust anciently in the People cōfirmed by Magna Chart. 1 COunties and Sheriffs Turns were ancient Courts in the time of King Arthur before And in the Turns were tried all Pleas of the Crown in the Counties all Common-Pleas under fourty shillings without Writ and above to any value with Writs according to the Law maxim Quod placita de Catallis debitis c. quae summam 40s attingunt vel excedunt secundùm legem consuetudinem Angliae sine brevi Regis placitari non debent See the Lord Coke upon the 35th Chap. of Magna Charta and upon the Stature of Gloucester fol. 310. 312. Hundreds and Court Burons have the same power and rights and neither Sheriffs nor Stewards are Judges but suiters 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 Coke affirmeth 2. This Mutuatus is usual in the Kings-Bench and Common-Pleas to fetch poor men not worth 40. s. from York or Cornwall to London for 5. s. debt or less and to Outlaw him in the Common-Pleas if he come not which example other Courts of Record follow too much 2. As Superiour Courts ought not to incroach upon Inferiour so the Inferiour ought not to defraud the Superiour of those causes that belong to them viz. Neither ought a man be sued in any Court of Record for debt not amounting to 40s by way of mutuatus and other lawless tricks dayly used by Attornies nor in any inferiour Court for debt of 40 shillings or exceeding by dividing it into Actions under 40 shillings In which cases the Defendant ought to be admitted to plead to the jurisdiction of the Court and to have a Prohibition to stay the suit see the Lord Coke 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. Do. 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 Plantiff swore his said debt to be 40s 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. Coke upon it with his reason for the discontinuance of this practice 3. Doth not the denial of an Habeas Corpus to bring a prisoner before a Judge without Fees both to Judge and Attorney include the sale delay and deniall of Justice while the prisoner is unprovided to buy it 3. 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 to be done freely without sale fully without denial and speedily without delay whereby saith the Lord Coke 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. Coke 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 Birth-right 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. C. upon the 29 38 c. of M. C. 4. All defaults offences of Sheriffs Coroners Escheatours c. inquirable and punishable by Justices of Peace 4. Therefore Magna Char. ought to be read and published to the People in all Cathedrals twice yearly And all breakers thereof are excommunicated ipso facto and so twice pronounced by two Acts of Parliament Tit. confirm excommengm t in Rast abridg fol. 65. and 148. And it ought to be read in full County in every shire four times yearly and all the breakers thereof inquired of there and further inquired of and punished by Fines Imprisonments c. by Justices in Eyre two of every Counties chusing whereby 12. or 14. may serve in circuits throughout England and Wales divided into six or seven Provinces as twelve did serve

Judge of any Court of Record observe any such Law being so made or practice or suffer to be practised where he hath authoritie any suits or proceedings contrarie to Mag. Chart. and was and is he not perjured Doth not the practice of the Kings-Bench still shew that thence doth issue no other Writ for debt than a Bill of Middlesex or Latitar which express themselves to be for Trespass Are not those Writs still returnable ubicunquè suerimus and the Kings-Bench therefore still removeable at the Kings will whereupon as saith the L. Coke many discontinuances ensue and great trouble of Jurours charges of Parties and delay of Justice for which causes he saith this Statute was made How doth this Statute if therefore made prevent such discontinuances trouble charges and delay of Justice but by declaring that Common-Pleas shall not follow the Kings-Bench How contradictorie to himself is the L. Coke then when he laboureth to make Common-Pleas lawfull to be holden in the Kings-Bench And if as he saith the Pleas of the Crown were divided into high Treason Misprision of Treason Petty Treason Fellonie c. limited to the Kings-Bench because cont Coron dign Regis so that of these saith he the Common-Pleas cannot hold Plea By what Justice can he desire to hold Common-Pl●as in the Kings-Bench unless because more gainfull as when he was supplanted by his successour under colour of preferment from the Common-Pleas to the Kings-Beach he passionately expressed the difference saying That he was called from the warm kitchen to the cold hall and that therefore he desired to reduce Justice to his desire rather than his desire to Justice But let us examine his Arguments for that purpose First saith he The King is out of this Stature How out of this Statute which above all other the King was sworn to observe and obey and to violate was perjurie and punishable in all men without regard of persons and no less in the Lo. C. to say and write otherwise But saith he the King might sue in his Bench. And so might he in any Court of Record which he pleased for all such Courts are called his and have power under him to administer Justice to all men according to their Commissions and Charters as well as the Kings Bench and therefore he had his Atturneys and Sollicitours attending many such Courts Secondly saith he if a man be in custodia any other may lay upon him any action of debt c. because saith he that he that is in custodia ought to have the priviledge of that Court. Now if a man be in custodia for Fellonie c. and an Action for Debt c. be laid upon him shall his priviledge in being in custodia keep him from hanging if he deserve it till he pay the debt or if he be hanged and have any goods shall the Creditour be paid his debt out of the same or if he have any lands out of the Escheat I believe not If a man be not in custodia but a Justice of Peace or a Grand-Juror attending Sessions in Cumberland or Cornwall what priviledge of this Court doth he need If he be arrested there upon a Writ of trespass when he is guiltie of none is he not more disgraced than priviledged by this Court when he is forced to appear in this Court for trespass and nothing declared against him for any such matter ought he not to be dismissed for that matter with costs and dammages answerable to his disgrace and expences though arrested at the Kings suit Shall the King do any man wrong how then doth the Maxim hold that he cannot Shall this Court abuse his name to wrong his Subject Is not Injustice Perjurie in a Judge sworn to do Justice Is not all against Mag. Chart. and truth which is God himself If not so dismissed shall a declaration be admitted against him upon an Original for debt where neither such Writ nor cause belong And shall the Defendant be inforced to wait upon his Bail for trespass to answer that Declaration is not that more Injustice And moreover if that Writ or the Return thereof be forged as all or most Originals directed to the Sheriffs of London or Middlesex are aswel by Clerks of this Court and so filed upon Record here as by Attorneys in the Common-Pleas there shall that Declaration be admitted to say that the Defendant is in custodia which is false and be made a Record which would be accounted the next truth to Gospel And shall not the Defendant be admitted to plead Mag. Ch. against the jurisdiction of the Court and such lying Records If not is not all this more Injustice and Perjurie Shall Judges give Judgements upon fal●e Records except to burn them and punish the makers and causers and shall not they be counted and called false Judges and Perjurers and their judgements false judgements and perjuries Shall they that commit Debtors into their Marshals custodie upon such judgements by their priviledge as they call it say that this Statute doth nor take away such priviledges when the Lo. C. himself saith that all Statutes ought to be expounded so that there should be no failer of justice and this Statute being M. Ch. chief of all Statutes and all its Confirmations say that equal justice ought to be done to all men without regard of persons What Statute or custom did or can give any priviledge to any Court to the contrarie What benefit of priviledge hath the Debtor that is so committed by this Court and its priviledge but his undoing and his families and often his untimely death by famin and miserie Is not that so occasioned by the rigour and illegalitie of this Court an offence of the highest nature of Munther and Perjurie Who gaineth any thing by this priviledge but the Court and their Marshal in extorted Fees to the dammage of both Creditor and Debtor and often the ruin of both or either Why therefore doth the L. C. call it a priviledge to the party in Custodie when it appeareth to be no benefir but prejudice unto him and that more aggravated to have more Actions laid upon him for more debts occasioned perhaps by his imprisonment What law or reason requireth any priviledge to any man for debt since this Statute in the 29 chapter freeth all mens bodies from imprisonment untill they be lawfully tried by their Peers and no law but an abortive Statute made 25. Ed. 3. cap. 17. and repealed in the 42 of the same King as aforesaid gave an Arrest against Debtors but Merchants and Accomptants and a Statute made in the said 25 year of the said King gave the Creditors two parts of all their Debtors lands all thei goods except the beasts of their plough for satisfaction of their debts which Statute is still in force and daily executed accordingly As for Accomptants Debtors and Tennants to the King that are so indeed if the Court of Exchequer be thought proper for them why

Eyre still And why not Writs Gratis sent to the Sheriff of every Countie to enquire of offences and offendors against the great Charter And doth not this Statute prove that Sheriffs ought to have such Writs and to make such enquiries And that the King referred himself as well as others to the judgements as well of Justices in Eyre as of the Justices of the Bench and that he would have his Writs granted as well against him as others and that Gratis doth it not futther prove that Kings accounted the Justices in Eyre his Justices and their Court his Court as well as the Kings-Bench how therefore doth the Lord Coke hereafter call them new Justices and their Court new Court But more of that in its place Now having done with so much of Mag. Charta as I promised and with the 5 Chapter of the Statute of Marlebridge and the 8 of the Statute of Glocester Here ensueth the Confirmation of the great Charter made at London 10 Octob. Anno 25. Ed. 1. three years before that which is Printed before it because that containeth all the Charter in 38. chapters at large and this but 7. In the First of which it confirmeth both Charters and every Article thereof both made 9º H. 3. in general words as followeth viz. Edward by the grace of God Cap. 1. Charters King of England Lord of Ireland and Duke of Guyen To all those that these present Letters shall hear or see Greeting Know ye that We to the Honour of God and of Holy Church and to the profit of Our Realm have granted for Vs and Our Heirs That the Charter of Liberties and the Charter of Forrests which were made by the Commonalty of the Realm in the time of King Henry Our Father shall be kept in every point without breach And We will that the same Charter shall be sent under Our Seal aswel to Our Justices of the Forrest as to others And to all Sheriffs of Shiers and to all Our other Officers and to all Our Cities throughout the Realm together with Our Whits in the which shall be contained that they cause the foresaid Charters to be published And to Declare to the People that We have confirmed them in all points And that Our Iustices Sheriffs Maiors and other Ministers which under Vs have the Laws of Our Land to guid shall allow the same Charters pleaded before them in Iudgement in all their points That is to wit The Great Charter as the Common Law And the Charter of the Forrest for the Wealth of Our Realm The Title of this Statute saith the Lord Coke is Confirmationes Chartarum de Libertatibus Angliae Forrestae L. C. upon Cons C. f. 526. viz. The Confirmations of the Charters of the Liberties of England and of the Forrest And true it is saith he that hereby the said Charters are expresly confirmed but they are also excellently interpreted which is a Confirmation in Law for here is nothing Enacted but is included within Magna Charta And by the Commonalty saith he is to be understood by the consent of all the Realm by Authority of Parliament and many times by the Commonalty of England is signified an Act of Parliament c. before Printing and before the Reign of King Hen. the 7th Statutes were Ingrossed in Parchment and by the Kings Writ Proclaimed by the Sheriff of every Countie this was the ancient Law of England that the Kings Commandments issued and were published in form of Writs as then it was An excellent course and worthie to be restored c. This Clause saith he is worthie to be written in letters of gold viz. That our Justices Sheriffs Majors and other Ministers which under us have the Laws of the Land to guid them shall allow the said Charters in all points which shall come before them in Judgement And here it is to be observed That the Laws are the Judges Guides or Leaders according to that old Rule Lex est Exercitus Judicum viz. The Law is the Judges Armie Tutissimus Doctor viz. The safest Teacher or Lex est optimus Iudicis Synagogus viz. Their best Synagoug And Lex est tutissimus cassis viz. Their safest Fortress There is an old legal word saith he called Guidagium viz. Guidage which signifieth an Office of guiding Travelors through dangerous and unknown ways Here it appeareth that the Laws of the Realm hath this Office to guid the Iudges in all causes that come before them in the ways of right Justice who never yet misguided any man that certainlie knew them and truly followed them The sence of the words That the great Charter is to be holden for the Common Law is that it is a Common Law to all in amendment of the Realm that is of great mischiefs and inconveniencies which oppressed the whole Realm before the making thereof Expost and Quer. Doth nor the Lord Coke by all this his expression commend this Statute very highly Why did he not in his duty cause it to be observed in his time And had not Iustices of the Forrest and other Iustices Sheriffs Majors and other Ministers of his time had they received the Great Charter with the Kings Writs power thereby as well as he to cause the said Charter to be published to the People and that the King had confirmed it in all points Why did he by neglecting his duty to send the said Charter and Writs unto them accordingly make them fail of their duties Doth not the Lord Coke confess by this clause Worthie as he saith to be written in letters of gold That Sheriffs Majors and other Ministers as well as Justices and other Justices as well as those at Westminster have or ought to have the Law of England to be their guid and ought to allow Magna Charta in all points which in any Plea shall be before them Why then do the Iustices at Westminster by their Habeas corpus and other Writs as aforesaid disturb and prevent all Sheriffs Majors c. to exercise their Offices before Judgment or after without proof of Injustice or manifest Errors committed by them in their Iudgements Why do not the Iustices at Wistminster when they have Persons and Causes brought before them by virtue of their Writs allow Mag. Car. to be Pleaded before themselves since they will suffer no others to hear it How can it be true when they do not that the Law is their guid Do not they assume the sole Guiding Learning Interpreting Exercising and Over ruling of the Law to themselves when they suffer no other Iustices or Ministers of the King but themselves to have any Judgement therein as aforesaid Why do they bely the Law so much as to call it their Guid their Teacher their Army their Synagogue their Fortress when it is manifest That their Attorneys their Sollicitors their Catch-polls and their Goalers are their Guids Teachers Supernumerous Armies and Invincible Fortresses as they trust but may be deceived