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A87640 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, briefness, plainness. Rescued out of the sacrilegious hands, barbarous disguises, ænigmatical intricacies, lucrative constructions, extorted verdicts, fals judgments, & bribeful executions of her perjured impostors, 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. Jones, John, of Neyath, Brecon. 1650 (1650) Wing J972; Thomason E1411_2; ESTC R202637 18,638 94

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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 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 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 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 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 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 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 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 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 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 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 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 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 the 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 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 fore-judged 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 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 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 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 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 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 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 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 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 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 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 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 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 Ship-monie 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 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 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 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