An argument delivered by Patrick Darcy, esquire by the expresse order of the House of Commons in the Parliament of Ireland, 9 iunii, 1641.
         Darcy, Patrick, 1598-1668.
      
       
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             An argument delivered by Patrick Darcy, esquire by the expresse order of the House of Commons in the Parliament of Ireland, 9 iunii, 1641.
             Darcy, Patrick, 1598-1668.
          
           144 p.
           
             by Thomas Bourke,
             Waterford [Waterford] :
             1643.
          
           
             Royal arms (not in Steele) on t.p.
             Reproduction of original in Bodleian Library.
          
        
      
    
     
       
         eng
      
       
         
           Law -- Ireland -- History and criticism.
        
      
    
       A36769  R17661  (Wing D246).  civilwar no An argvment delivered by Patricke Darcy esqvire, by the expresse order of the House of Commons in the Parliament of Ireland, 9. Iunii, 1641. Darcy, Patrick 1643    35180 41 0 0 0 0 0 12 C  The  rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           AN
           ARGVMENT
           DELIVERED
           BY
           PATRICKE
           DARCY
           ESQVIRE
           ,
           By
           the
           expresse
           order
           of
           the
           House
           of
           Commons
           in
           the
           Parliament
           of
           IRELAND
           ,
           9.
           
           
             Iunii
             ,
          
           1641.
           
        
         
           royal blazon or coat of arms
        
         
           Printed
           at
           Waterford
           by
           
             Thomas
             Bourke
             ,
          
           Printer
           to
           the
           Confederate
           Catholicks
           of
           Ireland
           ,
           1643.
           
        
      
    
     
       
       
         
           
             
               5.
               
               Iunii
               ,
               1641.
               
            
          
           
             By
             the
             Commons
             House
             of
             IRELAND
             in
             Parliament
             assembled
             .
          
           
             FOrasmuch
             as
             
               M.
               PATRICKE
               DARCY
               ,
            
             by
             a
             former
             order
             of
             this
             House
             ,
             was
             appointed
             Prolocutor
             ,
             at
             the
             Conference
             with
             the
             Lords
             ,
             touching
             the
             Questions
             propounded
             to
             the
             Iudges
             ,
             and
             their
             pretended
             answers
             to
             the
             same
             ;
             It
             is
             hereby
             ordered
             ,
             and
             the
             said
             
               M.
               DARCY
            
             is
             required
             ,
             to
             declare
             and
             set
             forth
             ,
             at
             the
             said
             Conference
             ;
             the
             manifold
             grievances
             ,
             and
             other
             causes
             and
             grounds
             that
             moved
             this
             House
             ,
             to
             present
             the
             said
             Questions
             to
             the
             Lords
             House
             ,
             to
             be
             propounded
             as
             aforesaid
             ,
             and
             to
             give
             particular
             reasons
             for
             every
             of
             the
             said
             Questions
             .
          
           
             
               Copia
               vera
               .
            
             
               Extract
               .
               per
               
                 Phil.
                 Fern
                 .
              
               Cleric
               .
               Parl.
               Com.
               
            
          
        
         
         
           
             AN
             ARGVMENT
             DELIVERED
             BY
             PATRICKE
             DARCY
             ESQVIRE
             ,
             By
             the
             expresse
             orders
             of
             the
             Commons-House
             of
             the
             Parliament
             of
             Ireland
             ;
             at
             a
             conference
             with
             a
             Comittee
             of
             the
             Lords
             House
             ,
             in
             the
             dyning
             roome
             of
             the
             Castle
             of
             Dublin
             ,
             9.
             
             Die
             Iunij
             1641.
             upon
             certaine
             Questions
             propounded
             to
             the
             Iudges
             of
             Ireland
             in
             full
             Parliament
             ;
             and
             upon
             the
             answers
             of
             the
             said
             Iudges
             to
             the
             said
             Questions
             .
          
           
             And
             in
             the
             conclusion
             ,
             a
             declaration
             of
             the
             Commons
             House
             upon
             the
             said
             Questions
             .
          
           
             THE
             QVESTIONS
             .
          
           
             Questions
             ,
             VVherein
             the
             House
             of
             Commons
             humbly
             desired
             ,
             that
             the
             House
             of
             the
             Lords
             would
             be
             pleased
             to
             require
             the
             Iudges
             to
             deliuer
             their
             resolutions
             .
          
           
             IN
             asmuch
             as
             the
             Subjects
             of
             this
             kingdome
             ,
             are
             free
             ,
             loyall
             ,
             and
             dutifull
             Subjects
             to
             his
             most
             Excellent
             Majesty
             their
             naturall
             Liege
             ,
             Lord
             &
             King
             ;
             
             And
             to
             be
             governed
             only
             by
             the
             Common
             Lawes
             of
             England
             ,
             &
             Statutes
             of
             force
             in
             this
             kingdome
             ,
             in
             the
             same
             manner
             &
             forme
             ,
             as
             his
             Majesties
             Subjects
             of
             the
             Kingdome
             of
             England
             ,
             are
             and
             ought
             to
             be
             governed
             ,
             by
             the
             said
             Common
             Lawes
             ,
             and
             Statutes
             of
             force
             in
             that
             kingdome
             ;
             which
             of
             right
             the
             Subjects
             of
             this
             kingdome
             doe
             challenge
             ,
             and
             make
             their
             protestation
             to
             be
             their
             birth-right
             ,
             and
             best
             inheritance
             ;
             yet
             ,
             in
             asmuch
             as
             the
             unlawfull
             actions
             and
             proceedings
             of
             some
             of
             his
             Majesties
             Subjects
             ,
             &
             Ministers
             of
             Iustice
             of
             late
             yeares
             ,
             introduced
             and
             practised
             in
             this
             kingdome
             ,
             did
             tend
             ,
             to
             the
             infringing
             and
             violation
             of
             the
             lawes
             ,
             liberties
             ,
             and
             freedome
             ,
             of
             the
             said
             Subjects
             of
             this
             kingdome
             ,
             contrary
             to
             his
             Majesties
             Royall
             and
             pious
             intentions
             .
             Therfore
             the
             Knights
             ,
             Citizens
             and
             Burgesses
             in
             Parliament
             assembled
             ,
             not
             for
             any
             doubt
             ,
             or
             ambiguity
             ,
             which
             may
             be
             conceived
             ,
             or
             thought
             of
             ,
             for
             ,
             or
             concerning
             the
             premisses
             ,
             nor
             of
             the
             ensueing
             questions
             ,
             but
             for
             manifestation
             and
             declaration
             of
             a
             cleere
             truth
             ,
             and
             of
             the
             said
             Lawes
             and
             Statutes
             already
             planted
             ,
             and
             for
             many
             ages
             past
             ,
             setled
             in
             this
             kingdome
             .
             The
             said
             Knights
             ,
             Citizens
             and
             Burgesses
             ,
             doe
             therefore
             pray
             the
             House
             of
             the
             Lords
             may
             bee
             pleased
             to
             command
             the
             Iudges
             of
             this
             kingdom
             ;
             forthwith
             ,
             
             to
             declare
             in
             writing
             their
             resolutions
             of
             and
             unto
             the
             ensuing
             Questions
             ,
             and
             subscribe
             to
             the
             same
             .
          
           
             1.
             
             Whether
             the
             Subjects
             of
             this
             kingdome
             be
             a
             free
             people
             ,
             and
             to
             be
             governed
             ,
             only
             ,
             by
             the
             Common
             Lawes
             of
             England
             ,
             and
             Statutes
             of
             force
             in
             this
             kingdome
             ?
          
           
             2.
             
             Whether
             the
             Iudges
             of
             this
             Land
             doe
             take
             the
             oath
             of
             Iudges
             ,
             and
             if
             so
             ,
             whether
             under
             pretext
             of
             any
             Act
             of
             State
             ,
             Proclamation
             ,
             Writ
             ,
             Letter
             ,
             or
             Direction
             ,
             under
             the
             great
             ,
             or
             privie
             Seale
             ,
             or
             privie
             Signet
             ,
             or
             Letter
             ,
             or
             other
             Commandment
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             ,
             Iustice
             ,
             Iustices
             ,
             or
             other
             Chiefe
             Governor
             ,
             or
             Governors
             of
             this
             kingdome
             ;
             they
             ,
             may
             hinder
             ,
             stay
             ,
             or
             delay
             ,
             the
             suite
             of
             any
             Subject
             ,
             or
             his
             Iudgment
             ,
             or
             execution
             thereupon
             ;
             if
             so
             ,
             in
             what
             Case
             ,
             and
             whether
             ,
             if
             they
             doe
             hinder
             ,
             stay
             or
             delay
             ,
             such
             Suite
             ,
             Iudgement
             or
             Execution
             thereupon
             ,
             what
             punishment
             doe
             they
             incurre
             for
             their
             deviation
             and
             transgression
             therein
             ?
          
           
             3.
             
             Whether
             the
             Kings
             Majesties
             privie
             Councell
             ,
             either
             with
             the
             Chiefe
             Governor
             ,
             or
             Governors
             of
             this
             kingdome
             ,
             or
             without
             him
             or
             them
             be
             a
             place
             of
             Iudicature
             ,
             by
             the
             Common
             Lawes
             ,
             and
             wherein
             ;
             Causes
             betweene
             partie
             and
             partie
             ,
             
             for
             debts
             ,
             trespasses
             ,
             accompts
             ,
             possession
             ,
             or
             title
             of
             land
             ,
             or
             any
             of
             them
             may
             be
             heard
             and
             determined
             ,
             and
             of
             what
             Civill
             Causes
             they
             have
             Iurisdiction
             ,
             and
             by
             what
             law
             ,
             and
             of
             what
             force
             is
             their
             order
             or
             decree
             in
             such
             Cases
             ,
             or
             any
             of
             them
             ?
          
           
             4.
             
             The
             like
             of
             the
             chiefe
             Governors
             alone
             .
          
           
             5.
             
             Whether
             grants
             of
             Monopolies
             be
             warranted
             by
             the
             Law
             ,
             and
             of
             what
             ,
             and
             in
             what
             cases
             ,
             and
             how
             ,
             and
             where
             ,
             and
             by
             whom
             are
             the
             pretended
             transgressors
             against
             such
             grants
             punishable
             ,
             and
             whether
             by
             fine
             ,
             mutillation
             of
             members
             ,
             imprisonment
             ,
             losse
             and
             forfeiture
             of
             goods
             or
             otherwise
             ,
             and
             which
             of
             them
             ?
          
           
             6.
             
             In
             what
             Cases
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             ,
             or
             other
             Chiefe
             Governor
             ,
             or
             Governors
             ,
             of
             this
             kingdome
             ,
             and
             Councell
             ;
             may
             punish
             by
             fine
             ,
             imprisonment
             ,
             mutillation
             of
             members
             ,
             pillorie
             ,
             or
             otherwise
             ,
             and
             whether
             they
             may
             sentence
             any
             to
             such
             ,
             the
             same
             ,
             or
             the
             like
             punishment
             for
             infringing
             the
             Comands
             of
             ,
             or
             concerning
             any
             Proclamations
             ,
             or
             Monopolies
             ,
             and
             what
             punishment
             doe
             they
             incurre
             that
             vote
             for
             the
             same
             ?
          
           
             7.
             
             Of
             what
             force
             is
             an
             Act
             of
             State
             ,
             or
             proclamation
             ,
             in
             this
             kingdome
             ,
             to
             bind
             the
             libertie
             ,
             goods
             ,
             possession
             ,
             or
             inheritance
             of
             the
             Natives
             
             thereof
             ,
             whether
             they
             or
             any
             of
             them
             can
             alter
             the
             Cōmon
             Law
             ,
             or
             the
             infringers
             of
             them
             loose
             their
             goods
             ,
             chattells
             ,
             or
             leases
             ,
             or
             forfeite
             the
             same
             ,
             by
             infringing
             any
             such
             Act
             of
             State
             ,
             Proclamation
             ,
             or
             both
             ,
             and
             what
             punishment
             doe
             the
             sworne
             Iudges
             of
             the
             Law
             that
             are
             Privy
             Councellors
             incurre
             that
             vote
             ,
             for
             such
             Acts
             ,
             and
             execution
             thereof
             ?
          
           
             8.
             
             Are
             the
             Subjects
             of
             this
             kingdome
             subject
             to
             the
             Marshall
             law
             ,
             and
             whether
             any
             man
             in
             time
             of
             peace
             ,
             no
             enemy
             being
             in
             the
             field
             with
             Banners
             displaied
             ,
             can
             be
             sentenced
             to
             death
             ,
             if
             so
             ,
             by
             whom
             ,
             and
             in
             what
             Cases
             ,
             if
             not
             ,
             what
             punishment
             doe
             they
             incurre
             ,
             that
             in
             time
             of
             peace
             execute
             Marshall
             law
             ?
          
           
             9.
             
             Whether
             voluntary
             oathes
             taken
             freely
             before
             Arbitrators
             for
             affirmance
             ,
             or
             disaffirmance
             of
             any
             thing
             ,
             or
             the
             true
             performance
             of
             any
             thing
             be
             punishable
             in
             the
             Castle
             Chamber
             ,
             or
             in
             any
             other
             Court
             ,
             and
             why
             ,
             and
             wherefore
             ?
          
           
             10.
             
             Why
             ,
             and
             by
             what
             law
             ,
             or
             by
             what
             rule
             of
             policie
             is
             it
             that
             none
             is
             admitted
             to
             reducement
             of
             fines
             ,
             and
             other
             penaltie
             in
             the
             Castle
             Chamber
             ,
             or
             Councell-Table
             ,
             untill
             he
             confesse
             the
             offence
             for
             which
             he
             is
             censured
             ,
             when
             as
             
               Revera
            
             he
             might
             be
             innocent
             thereof
             ,
             though
             suborned
             
             prooffes
             or
             circumstance
             might
             induce
             a
             censure
             ?
          
           
             11.
             
             Whether
             the
             Iudges
             of
             the
             Kings
             Bench
             ,
             or
             any
             other
             Iudges
             of
             Gaole
             delivery
             ,
             or
             of
             any
             other
             Court
             ,
             and
             by
             what
             law
             doe
             ,
             or
             can
             deny
             the
             copies
             of
             Indictments
             of
             Felony
             ,
             or
             Treason
             ,
             to
             the
             parties
             accused
             contrary
             to
             the
             lawes
             ?
          
           
             12.
             
             What
             power
             hath
             the
             Barons
             of
             the
             Court
             of
             Exchequer
             ;
             to
             raise
             the
             respite
             of
             homage
             ,
             arbitrarily
             ,
             to
             what
             rate
             they
             please
             ,
             to
             what
             value
             they
             may
             raise
             it
             ,
             by
             what
             law
             they
             may
             distinguish
             betweene
             the
             respite
             of
             homage
             upon
             the
             diversitie
             of
             the
             true
             value
             of
             the
             fees
             ,
             when
             as
             
               Escuadge
            
             is
             the
             same
             ,
             for
             great
             and
             small
             fees
             ,
             and
             are
             proportionable
             by
             Parliament
             ?
          
           
             13.
             
             Whether
             it
             be
             censurable
             in
             the
             Subjects
             of
             this
             kingdome
             ,
             to
             repaire
             unto
             England
             ,
             to
             appeale
             to
             his
             Majestie
             for
             redresse
             of
             injuries
             ,
             or
             for
             other
             lawfull
             occasions
             ,
             if
             so
             ,
             why
             ,
             and
             in
             what
             condition
             of
             persons
             ,
             and
             by
             what
             law
             ?
          
           
             14.
             
             Whether
             Deanes
             or
             other
             dignitaries
             of
             Cathedrall
             Churches
             be
             properly
             ,
             and
             
               de
               mero
               jure
            
             Donative
             by
             the
             King
             ,
             and
             not
             Elective
             or
             Collative
             ,
             if
             so
             ,
             why
             &
             by
             what
             law
             ,
             &
             whether
             the
             confirmation
             of
             a
             Deane
             
               de
               facto
            
             of
             the
             Bishops
             grant
             be
             good
             &
             valid
             in
             law
             or
             no
             ,
             if
             not
             by
             what
             law
             ?
          
           
           
             15.
             
             Whether
             the
             issuing
             of
             
               Quo-warrantoes
            
             out
             of
             the
             Kings
             Bench
             ,
             or
             Exchequer
             ,
             against
             Burroughes
             that
             anciently
             and
             recently
             sent
             Burgesses
             to
             the
             Parliament
             ,
             to
             shew
             cause
             why
             they
             sent
             Burgesses
             to
             the
             Parliament
             ,
             be
             legall
             ,
             or
             if
             not
             ,
             what
             punishment
             ought
             to
             be
             inflicted
             upon
             those
             ,
             that
             are
             ,
             or
             hath
             been
             the
             occasioners
             ,
             procurers
             ,
             and
             Iudges
             of
             ,
             and
             in
             such
             
               Quo-warrantoes
               ?
            
          
           
             16.
             
             By
             what
             law
             are
             Iurors
             that
             give
             verdict
             according
             to
             their
             conscience
             ,
             and
             are
             the
             sole
             Iudges
             ,
             of
             the
             fact
             ,
             censured
             in
             the
             Castle-Chamber
             ,
             in
             great
             fines
             ,
             and
             sometimes
             pillored
             with
             losse
             of
             eares
             ,
             &
             boared
             through
             the
             tongue
             ,
             and
             marked
             sometimes
             in
             the
             forehead
             ,
             with
             a
             hot
             iron
             ,
             and
             other
             like
             infamous
             punishment
             ?
          
           
             17.
             
             By
             what
             law
             are
             men
             censurable
             in
             the
             Castle-Chamber
             ,
             with
             the
             mutillation
             of
             members
             ,
             or
             any
             other
             brand
             of
             infamy
             ,
             and
             in
             what
             causes
             ,
             and
             what
             punishment
             in
             each
             case
             there
             is
             due
             without
             respect
             of
             the
             qualitie
             of
             the
             person
             or
             persons
             ?
          
           
             18.
             
             Whether
             in
             the
             Censures
             in
             the
             Castle-Chamber
             regard
             be
             to
             be
             had
             to
             the
             words
             of
             the
             great
             Charter
             (
             
               viz
               )
               salvo
               contenemento
               ,
               &
               c
               ?
            
          
           
             19.
             
             Whether
             if
             one
             that
             steales
             a
             sheepe
             ,
             or
             commit
             any
             other
             felony
             ,
             &
             after
             flyeth
             the
             course
             
             of
             Iustice
             ,
             or
             lyeth
             in
             woods
             or
             mountaines
             upon
             his
             keeping
             ,
             be
             a
             traytor
             ,
             if
             not
             ,
             whether
             a
             Proclamation
             can
             make
             him
             so
             ?
          
           
             20.
             
             VVhether
             the
             testimony
             or
             evidence
             of
             Rebels
             ,
             Traytors
             ,
             protected
             theeves
             ,
             or
             other
             infamous
             persons
             ,
             be
             good
             evidence
             in
             law
             to
             bee
             pressed
             upon
             the
             tryalls
             of
             men
             for
             their
             lives
             ,
             or
             whether
             the
             Iudge
             or
             Iurors
             ought
             to
             be
             Iudge
             of
             the
             matter
             in
             fact
             ?
          
           
             21.
             
             By
             what
             law
             are
             Fayres
             and
             Markets
             to
             be
             held
             in
             Capite
             ,
             when
             no
             other
             expresse
             tenure
             be
             mentioned
             in
             his
             Majesties
             Letter-Pattents
             ,
             or
             grants
             of
             the
             same
             Fayres
             and
             Markets
             ,
             although
             the
             rent
             or
             yearely
             summe
             be
             reserved
             thereout
             .
          
           
             
               Copia
               vera
               .
            
             
               Extract
               .
               per
               
                 Phil.
                 Fern
                 .
              
               Cleric
               .
               Parl.
               Com.
               
            
          
        
         
         
           
             THE
             ANSWER
             AND
             DECLARATION
             OF
             THE
             IVDGES
             ,
             Vnto
             the
             questions
             transmitted
             from
             the
             Honorable
             House
             of
             Commons
             unto
             the
             Lords
             Spirituall
             and
             Temporall
             in
             Parliament
             assembled
             ,
             whereunto
             they
             desired
             their
             Lordships
             ,
             to
             require
             the
             said
             Iudges
             answers
             in
             writing
             forthwith
             .
             
               May
               25.
               1641.
               
            
          
           
             IN
             all
             humblenesse
             the
             said
             Iudges
             doe
             desire
             ,
             to
             represent
             unto
             your
             Lordships
             ,
             the
             great
             sence
             of
             griefe
             that
             they
             apprehend
             out
             of
             their
             feare
             ,
             that
             they
             are
             falne
             from
             that
             good
             opinion
             ,
             which
             they
             desire
             to
             retayne
             with
             your
             Lordships
             and
             
             the
             said
             house
             of
             Commons
             in
             that
             (
             notwithstanding
             their
             humble
             petition
             and
             reasons
             to
             the
             contrary
             exhibited
             in
             writing
             ,
             and
             declared
             in
             this
             most
             honorable
             house
             )
             your
             Lordships
             have
             over-ruled
             them
             ,
             and
             often
             commanded
             their
             answers
             unto
             the
             said
             
               Questions
               ,
            
             although
             they
             have
             informed
             your
             Lordships
             ,
             and
             still
             with
             assurance
             doe
             averre
             ,
             that
             no
             president
             in
             any
             age
             can
             be
             shewen
             that
             any
             Iudges
             before
             them
             were
             required
             or
             commanded
             to
             give
             answer
             in
             writing
             ,
             or
             otherwise
             unto
             such
             generall
             ,
             or
             so
             many
             
               questions
               ,
            
             in
             such
             a
             manner
             in
             Parliament
             ,
             or
             elsewhere
             ,
             unlesse
             it
             were
             in
             that
             time
             of
             
               King
               Richard
            
             the
             2d
             
               .
            
             which
             they
             humbly
             conceive
             ,
             is
             not
             to
             be
             drawne
             into
             example
             .
             And
             therefore
             they
             yet
             humbly
             supplicate
             your
             Lordships
             so
             farre
             ,
             to
             tender
             their
             profession
             and
             places
             ,
             and
             their
             relation
             ,
             to
             his
             Majesties
             service
             ,
             as
             to
             take
             into
             your
             serious
             considerations
             ,
             the
             reasons
             that
             they
             have
             annexed
             to
             this
             their
             answer
             ,
             before
             their
             answer
             be
             entred
             ,
             or
             admitted
             ,
             among
             the
             Acts
             of
             this
             high
             Court
             ,
             and
             that
             if
             your
             Lordships
             in
             your
             wisdomes
             ,
             shall
             after
             thinke
             fit
             to
             give
             any
             Copies
             of
             their
             Answers
             ,
             that
             for
             their
             Iustification
             to
             the
             present
             and
             succeeding
             times
             your
             Lordships
             will
             be
             pleased
             to
             require
             the
             Clerke
             of
             this
             most
             honorable
             House
             ,
             that
             no
             Copies
             
             may
             be
             given
             of
             the
             said
             answers
             without
             the
             said
             reasons
             .
          
           
             2.
             
             
               Secondly
            
             the
             said
             Iudges
             humbly
             desire
             your
             Lordships
             to
             be
             pleased
             ,
             to
             be
             informed
             ,
             that
             the
             words
             in
             his
             Majesties
             writs
             ,
             by
             which
             they
             are
             commanded
             to
             attend
             in
             Parliament
             ,
             are
             ,
             that
             the
             said
             Iudges
             shal
             be
             present
             with
             the
             Lords-Iustices
             or
             other
             chiefe
             Governor
             and
             your
             Lordships
             ,
             at
             the
             said
             Parliament
             ,
             called
             
               Pro
               arduis
               &
               urgentibus
               regni
               negotijs
               super
               dictis
               negotijs
               tractaturi
               &
               consilium
               suum
               impensuri
               :
            
             And
             they
             desire
             your
             Lordships
             to
             take
             into
             your
             consideration
             whether
             any
             advice
             may
             be
             required
             by
             your
             Lorpships
             ,
             from
             them
             ,
             but
             concerning
             such
             particular
             matters
             ,
             as
             are
             in
             treaty
             and
             agitation
             and
             judicially
             depending
             before
             your
             Lordships
             ,
             upon
             which
             your
             Lordships
             may
             give
             a
             judgement
             ,
             order
             ,
             or
             sentence
             ,
             to
             be
             recorded
             among
             the
             Records
             and
             Acts
             of
             this
             honorable
             House
             ,
             and
             whether
             they
             may
             be
             commanded
             by
             your
             Lordships
             ,
             to
             subscribe
             their
             hands
             unto
             any
             opinion
             or
             advice
             they
             shall
             give
             upon
             any
             matters
             in
             debate
             before
             your
             Lordships
             there
             ,
             and
             whether
             your
             Lordships
             can
             conceive
             any
             finall
             resolution
             upon
             the
             matters
             contayned
             in
             the
             said
             
               Questions
               .
            
          
           
             3.
             
             
               Thirdly
               ,
            
             although
             the
             said
             questions
             are
             
             but
             twenty
             two
             in
             number
             ,
             yet
             they
             say
             ,
             that
             they
             contayne
             at
             least
             fifty
             generall
             questions
             ,
             many
             of
             them
             of
             severall
             matters
             ,
             and
             of
             severall
             natures
             ,
             within
             the
             resolution
             of
             which
             most
             of
             the
             great
             affaires
             of
             this
             kingdome
             ,
             both
             for
             Church
             and
             Common-wealth
             ,
             for
             late
             yeares
             may
             be
             included
             ;
             and
             therefore
             the
             said
             Iudges
             do
             openly
             aforehand
             professe
             ,
             that
             if
             any
             particular
             ,
             that
             may
             have
             Relation
             to
             any
             of
             those
             questions
             shall
             hereafter
             come
             judicially
             before
             them
             ,
             and
             that
             eyther
             upon
             argument
             or
             debate
             (
             which
             is
             the
             sive
             or
             fann
             of
             truth
             )
             or
             discovery
             of
             any
             generall
             inconvenience
             ,
             to
             the
             King
             or
             Common-wealth
             in
             time
             (
             which
             is
             the
             mother
             of
             truth
             )
             or
             by
             further
             search
             or
             information
             ,
             in
             any
             particular
             ,
             they
             shall
             see
             cause
             ,
             or
             receive
             satisfaction
             for
             it
             ,
             they
             will
             not
             be
             concluded
             by
             any
             answer
             ,
             they
             now
             give
             to
             any
             of
             these
             generall
             questions
             :
             but
             they
             will
             upon
             better
             ground
             and
             reason
             with
             their
             predecessors
             the
             Iudges
             in
             all
             ages
             with
             holy
             Fathers
             ,
             Councels
             ,
             and
             Parliaments
             ,
             retract
             ,
             and
             alter
             their
             opinion
             according
             to
             their
             conscience
             and
             knowledge
             ,
             and
             the
             matter
             and
             circumstances
             of
             the
             cause
             as
             it
             shall
             appeare
             in
             judgement
             before
             them
             ,
             it
             being
             most
             certayne
             that
             no
             generall
             case
             ,
             may
             be
             so
             put
             ,
             but
             a
             circumstance
             in
             the
             matter
             or
             manner
             may
             
             alter
             a
             resolution
             concerning
             the
             same
             .
          
           
             4.
             
             
               Fourthly
               ,
            
             the
             succeeding
             Iudges
             ,
             and
             age
             notwithstanding
             any
             answer
             given
             by
             the
             now
             Iudges
             ,
             may
             be
             of
             another
             opinion
             then
             the
             now
             Iudges
             are
             ,
             without
             disparagment
             to
             themselves
             ,
             or
             the
             now
             Iudges
             ,
             in
             regard
             that
             many
             particular
             circumstances
             ,
             in
             many
             particular
             cases
             may
             fall
             out
             ,
             that
             may
             alter
             the
             reason
             of
             the
             Lawes
             ,
             in
             such
             a
             case
             ;
             which
             could
             not
             be
             included
             or
             foreseene
             in
             a
             generall
             question
             ,
             or
             answer
             thereunto
             :
             And
             therefore
             they
             desire
             your
             Lordships
             to
             consider
             of
             what
             use
             such
             answers
             may
             be
             ,
             to
             the
             present
             and
             future
             times
             .
          
           
             5.
             
             
               Fifthly
               ,
            
             many
             of
             the
             said
             questions
             ,
             as
             they
             are
             propounded
             (
             as
             the
             said
             Iudges
             humbly
             conceive
             )
             doe
             concerne
             his
             Majesty
             in
             a
             high
             degree
             ,
             in
             his
             Regall
             and
             prerogative
             power
             ,
             in
             his
             Government
             ,
             in
             his
             Revenue
             ,
             in
             the
             Iurisdiction
             of
             his
             Courts
             ,
             in
             his
             Martiall
             affaires
             ,
             and
             in
             his
             Ministers
             of
             State
             ,
             so
             that
             the
             said
             Iudges
             considering
             their
             Oathes
             ,
             &
             the
             duty
             which
             by
             their
             places
             they
             owe
             unto
             his
             Majesty
             humbly
             conceive
             they
             may
             not
             with
             safety
             give
             answer
             thereunto
             ,
             without
             speciall
             licence
             from
             his
             Majesty
             ,
             and
             therefore
             they
             still
             humbly
             pray
             your
             Lordships
             (
             as
             formerly
             they
             did
             )
             not
             to
             presse
             any
             answers
             
             from
             them
             untill
             his
             Majesties
             princely
             pleasure
             ,
             therein
             be
             signified
             .
          
           
             6.
             
             
               Sixtly
               ,
            
             if
             the
             matters
             of
             these
             questions
             which
             ayme
             at
             some
             abuses
             of
             former
             times
             ,
             were
             reduced
             into
             Bils
             ,
             they
             conceive
             it
             were
             the
             speedy
             way
             to
             have
             such
             a
             reformation
             which
             might
             bind
             the
             present
             times
             ,
             and
             posteritie
             ,
             and
             in
             such
             proceeding
             they
             ought
             and
             would
             most
             cheerefully
             contribute
             their
             opinions
             &
             best
             endevors
             ,
             but
             in
             such
             a
             course
             (
             as
             they
             apprehend
             it
             )
             which
             points
             at
             punishment
             they
             have
             reason
             to
             bee
             sparing
             in
             giving
             any
             opinion
             further
             then
             the
             duty
             of
             their
             places
             doth
             command
             from
             them
             .
          
           
             7.
             
             
               Seventhly
               ,
            
             although
             it
             may
             be
             conceived
             ,
             that
             the
             answering
             of
             such
             and
             so
             many
             generall
             questions
             ,
             by
             the
             now
             Iudges
             may
             contribute
             some
             helpe
             to
             the
             reformation
             now
             so
             much
             desired
             ,
             yet
             no
             man
             knoweth
             but
             this
             new
             president
             in
             propounding
             of
             such
             questions
             to
             Iudges
             in
             succeeding
             times
             (
             as
             the
             Iudges
             &
             frame
             &
             constitution
             of
             the
             Common-wealth
             may
             be
             )
             may
             fall
             out
             to
             bee
             most
             prejudiciall
             to
             the
             State
             and
             Common-wealth
             .
          
           
             8.
             
             
               Eightly
               ,
            
             most
             of
             the
             matters
             in
             severall
             of
             the
             said
             questions
             ,
             are
             already
             by
             your
             Lordships
             and
             the
             said
             house
             of
             Commons
             voted
             and
             
             represented
             to
             his
             Majesty
             for
             grievances
             ,
             and
             therefore
             no
             opinions
             of
             the
             Iudges
             ,
             under
             favour
             are
             needfull
             or
             to
             bee
             required
             thereunto
             ,
             unlesse
             the
             same
             shall
             come
             in
             further
             agitation
             and
             discussion
             in
             this
             honorable
             House
             .
          
           
             9.
             
             The
             Iudges
             opinions
             are
             not
             usually
             called
             upon
             in
             Parliament
             ,
             but
             when
             upon
             debate
             great
             and
             difficulte
             points
             in
             Law
             doe
             arise
             ,
             where
             ,
             this
             most
             honorable
             house
             doth
             thinke
             fit
             to
             command
             their
             opinions
             ,
             but
             no
             resolutions
             ,
             doe
             belong
             unto
             the
             said
             Iudges
             ,
             in
             Parliament
             ,
             but
             unto
             your
             Lordships
             ;
             Yet
             in
             the
             front
             and
             preamble
             of
             the
             said
             questions
             ,
             the
             resolution
             of
             the
             said
             questions
             by
             the
             Iudges
             ,
             is
             forthwith
             desired
             ,
             to
             be
             required
             by
             your
             Lordships
             in
             writing
             ,
             although
             the
             first
             question
             ,
             
               viz.
            
             Whether
             the
             subjects
             of
             this
             kingdome
             be
             a
             free
             people
             ,
             &c.
             be
             positively
             ,
             resolved
             by
             the
             preamble
             to
             the
             said
             questions
             ,
             in
             which
             it
             is
             likewise
             declared
             that
             the
             said
             Iudges
             answers
             thereunto
             ,
             are
             not
             desired
             for
             any
             doubt
             or
             ambiguitie
             which
             may
             be
             conceived
             or
             thought
             of
             ,
             for
             ,
             or
             concerning
             the
             premisses
             ,
             nor
             of
             the
             said
             questions
             ;
             but
             for
             manifestation
             and
             declaration
             of
             a
             cleere
             truth
             ,
             and
             of
             the
             Lawes
             and
             Statutes
             already
             planted
             and
             setled
             in
             this
             kingdome
             :
             And
             they
             say
             that
             it
             is
             impossible
             ,
             to
             make
             any
             
             manifestation
             or
             declaration
             of
             Law
             ,
             or
             statutes
             ,
             which
             may
             hold
             or
             be
             usefull
             ,
             upon
             such
             generall
             questions
             as
             most
             of
             these
             are
             ,
             namely
             .
             By
             what
             Law
             ?
             in
             what
             cases
             ?
             of
             what
             ?
             and
             which
             of
             them
             ?
             of
             what
             power
             ?
             of
             what
             force
             ?
             how
             ?
             where
             ?
             by
             whom
             ?
             why
             ?
             wherefore
             ?
             what
             punishment
             ?
             by
             what
             rule
             of
             policy
             ?
             in
             what
             condition
             of
             persons
             ?
             in
             regard
             that
             the
             next
             succeeding
             Iudges
             may
             be
             of
             another
             opinion
             ,
             and
             that
             a
             circumstance
             may
             alter
             the
             reason
             of
             this
             Law
             ,
             in
             many
             particular
             cases
             ,
             which
             the
             wit
             of
             man
             is
             not
             able
             to
             forsee
             ,
             or
             give
             a
             generall
             rule
             in
             .
             And
             they
             say
             that
             to
             give
             answers
             unto
             such
             questions
             as
             might
             give
             any
             satisfaction
             to
             your
             Lordships
             ,
             or
             to
             the
             honorable
             house
             of
             Commons
             ,
             would
             make
             up
             a
             great
             volume
             ,
             and
             require
             more
             time
             than
             your
             Lordships
             have
             afforded
             unto
             the
             said
             Iudges
             ,
             considering
             their
             great
             toyle
             ,
             in
             their
             Circuites
             the
             last
             short
             vacation
             ,
             their
             other
             imployments
             in
             the
             Common-wealth
             ,
             and
             their
             daily
             attendance
             on
             your
             Lordships
             in
             Parliament
             ,
             and
             the
             ordinary
             Courts
             of
             Iustice
             :
             And
             yet
             least
             they
             might
             seeme
             to
             come
             any
             way
             short
             in
             performance
             of
             that
             duty
             ,
             which
             they
             confesse
             to
             be
             due
             unto
             your
             Lordships
             ,
             or
             be
             wanting
             in
             promoting
             or
             advancing
             the
             Common-wealth
             ,
             which
             they
             beleeve
             to
             be
             aymed
             at
             by
             
             the
             said
             questions
             ,
             though
             it
             may
             seeme
             to
             drawe
             damage
             or
             prejudice
             upon
             their
             particulars
             ,
             they
             doe
             in
             all
             humblenesse
             present
             unto
             your
             Lordships
             ,
             the
             ensuing
             answers
             unto
             the
             said
             questions
             which
             is
             as
             much
             as
             by
             their
             Oathes
             or
             in
             the
             duty
             they
             owe
             unto
             his
             Sacred
             Majesty
             (
             before
             his
             princely
             pleasure
             bee
             therein
             signified
             )
             they
             can
             answer
             thereunto
             .
          
           
             1.
             
             To
             the
             first
             ,
             they
             answer
             ,
             that
             the
             subjects
             of
             this
             kingdome
             are
             a
             free
             people
             and
             are
             ,
             for
             the
             generall
             to
             bee
             governed
             onely
             by
             the
             Common-lawes
             of
             
               England
            
             and
             statutes
             of
             force
             in
             this
             kingdome
             ,
             yet
             they
             say
             that
             as
             in
             
               England
               ,
            
             many
             statutes
             are
             growen
             
               obsolete
               ,
            
             and
             out
             of
             use
             ,
             and
             some
             particular
             ancient
             Lawes
             (
             aswell
             in
             criminall
             as
             in
             Civill
             causes
             )
             have
             beene
             changed
             by
             interpretation
             of
             the
             Iudges
             there
             ,
             as
             they
             found
             it
             most
             agreeable
             to
             the
             generall
             good
             of
             the
             Common-wealth
             ,
             and
             as
             the
             times
             did
             require
             it
             ;
             So
             ,
             our
             predecessors
             the
             Iudges
             of
             this
             kingdome
             as
             the
             necessitie
             of
             the
             times
             did
             move
             them
             ,
             did
             declare
             the
             law
             in
             some
             particular
             cases
             otherwise
             than
             the
             same
             is
             practised
             in
             
               England
               ,
            
             which
             the
             now
             Iudges
             cannot
             alter
             ,
             without
             apparent
             diminution
             of
             a
             great
             part
             of
             his
             Majesties
             standing
             revenue
             ,
             and
             opening
             a
             gap
             for
             the
             shaking
             and
             questioning
             of
             
             the
             estates
             of
             many
             of
             his
             Majesties
             subjects
             ,
             and
             the
             overthrowing
             of
             severall
             Iudgements
             ,
             Orders
             ,
             Decrees
             ,
             which
             depend
             thereupon
             .
             For
             example
             ,
             If
             it
             be
             found
             by
             office
             of
             Record
             ,
             sufficient
             for
             forme
             that
             a
             man
             was
             killed
             in
             actuall
             rebellion
             ,
             and
             at
             the
             time
             of
             his
             death
             was
             seized
             of
             lands
             ,
             hereditaments
             ,
             goods
             ,
             or
             chattels
             ,
             by
             the
             constant
             declaration
             of
             Law
             ,
             and
             practise
             of
             former
             times
             here
             ,
             the
             Crown
             was
             intituled
             to
             such
             lands
             ,
             goods
             ,
             and
             chattels
             ,
             and
             many
             mens
             estates
             depend
             thereupon
             ,
             and
             yet
             the
             law
             is
             not
             so
             taken
             in
             
               England
               ,
            
             So
             if
             one
             or
             more
             commit
             Felony
             ,
             and
             then
             stand
             out
             upon
             his
             or
             their
             keeping
             ,
             and
             hee
             or
             they
             will
             not
             submit
             themselves
             to
             be
             tryed
             by
             the
             law
             ,
             but
             being
             in
             that
             state
             doe
             robbe
             or
             spoyle
             and
             terrifie
             his
             Majesties
             people
             ,
             wherby
             the
             countrie
             is
             disquieted
             ,
             this
             by
             the
             constant
             opinion
             of
             our
             predecessors
             in
             this
             kingdome
             hath
             beene
             adjudged
             a
             leavying
             of
             warre
             within
             the
             
               Statute
               25.
               Edw.
            
             3.
             and
             so
             consequently
             treason
             .
             Also
             by
             the
             common
             received
             opinion
             &
             practise
             in
             this
             kingdome
             ,
             the
             
               VVife
            
             is
             to
             have
             a
             third
             of
             all
             the
             goods
             ,
             chatels
             and
             credits
             of
             her
             husband
             (
             the
             debts
             being
             payed
             )
             although
             he
             dispose
             of
             all
             by
             his
             will
             from
             her
             :
             And
             yet
             the
             constant
             practise
             is
             otherwise
             in
             
               England
               ,
            
             and
             other
             instances
             of
             that
             kind
             ,
             
             might
             be
             made
             ,
             so
             that
             the
             words
             (
             onely
             )
             must
             receive
             a
             benigne
             exposition
             before
             the
             first
             question
             can
             receive
             a
             generall
             answer
             ,
             in
             the
             affirmative
             .
             Secondly
             ,
             many
             causes
             of
             great
             weight
             and
             consequence
             in
             this
             kingdome
             ,
             are
             to
             bee
             decreed
             and
             ordered
             by
             equitie
             in
             the
             proper
             Courts
             of
             equitie
             ,
             and
             in
             course
             of
             State
             at
             the
             Councell-board
             ,
             and
             by
             particular
             customes
             ,
             and
             contrary
             to
             law
             ,
             for
             which
             the
             Common-law
             and
             statutes
             of
             force
             in
             this
             kingdome
             give
             no
             remedie
             .
             Thirdly
             ,
             there
             are
             severall
             other
             lawes
             of
             force
             in
             
               England
               ,
            
             and
             
               Ireland
            
             so
             farre
             as
             they
             have
             been
             received
             ,
             which
             though
             some
             would
             have
             to
             be
             part
             of
             the
             Common-law
             of
             
               England
               ,
            
             yet
             we
             find
             them
             particularly
             distinguished
             from
             it
             in
             our
             Printed
             Bookes
             in
             Parliament
             Rolles
             in
             
               England
               ,
            
             as
             
               Lex
               est
               consuetudo
               Parliamenti
               ,
               jura
               belli
               ,
            
             Ecclesiasticall
             or
             Canon
             law
             in
             certaine
             cases
             ,
             Civill
             law
             in
             some
             cases
             not
             onely
             in
             Ecclesiasticall
             Courts
             ,
             but
             in
             the
             Courts
             of
             Constable
             and
             Marshall
             ,
             and
             of
             the
             Admiralty
             ,
             and
             upon
             particular
             occasions
             ,
             in
             the
             other
             Courts
             
               lex
               Mercatoria
               ,
               &c.
               
            
          
           
             2.
             
             To
             the
             second
             ,
             They
             say
             that
             the
             Iudges
             of
             this
             kingdome
             doe
             take
             the
             Oath
             of
             Iudges
             ,
             which
             Oath
             is
             specified
             amongst
             the
             statutes
             in
             18.
             
               Edw.
            
             3.
             and
             is
             after
             explaned
             by
             the
             statute
             of
             
             20.
             
               Edw.
            
             3.
             and
             that
             they
             may
             not
             stay
             ,
             hinder
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             judgement
             ,
             or
             execution
             thereupon
             (
             otherwise
             then
             according
             to
             the
             law
             and
             course
             of
             the
             Court
             ,
             where
             they
             sit
             )
             under
             pretence
             of
             any
             act
             of
             state
             ,
             proclamation
             ,
             writ
             ,
             letter
             ,
             or
             direction
             under
             the
             great
             or
             privy
             Seale
             ,
             or
             privie
             Signet
             ,
             or
             Letter
             ,
             or
             other
             Commandement
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             ,
             Iustice
             ,
             Iustices
             ,
             or
             other
             chiefe
             Governor
             of
             this
             kingdome
             ,
             most
             of
             which
             ,
             doth
             appeare
             by
             their
             Oath
             expressed
             in
             the
             said
             statutes
             ,
             and
             the
             said
             statute
             of
             2●
             .
             
               Edw.
               3.
               cap.
            
             8.
             and
             the
             statute
             of
             28.
             
               Edw.
               3.
               cap.
            
             2.
             as
             to
             Barons
             of
             the
             Exchequer
             .
             And
             that
             as
             they
             know
             no
             punishment
             due
             to
             Iudges
             ,
             for
             their
             deviations
             &
             transgressions
             ,
             without
             other
             aggravation
             ;
             So
             they
             know
             no
             punishment
             layd
             downe
             by
             any
             law
             against
             them
             for
             their
             deviations
             and
             transgressions
             ,
             in
             hindering
             staying
             ,
             or
             delaying
             of
             Iustice
             ,
             contrary
             to
             their
             said
             Oath
             ,
             other
             then
             what
             is
             declared
             in
             their
             said
             Oath
             ,
             and
             the
             statute
             of
             20.
             
               Edw.
            
             3.
             
          
           
             3.
             
             To
             the
             third
             ,
             they
             say
             that
             it
             is
             part
             of
             their
             said
             Oath
             ,
             as
             Iudges
             ,
             that
             they
             shall
             not
             counsell
             or
             assent
             to
             any
             thing
             that
             may
             turne
             to
             the
             damage
             or
             disherison
             of
             our
             Soveraigne
             Lord
             the
             Kings
             most
             Excellent
             Majestie
             ,
             by
             any
             manner
             of
             
             way
             or
             colour
             .
             And
             that
             they
             shall
             give
             no
             advice
             or
             counsell
             to
             any
             man
             great
             or
             small
             in
             no
             cases
             ,
             wherein
             the
             King
             is
             a
             party
             ,
             And
             they
             shall
             doe
             and
             procure
             the
             profit
             of
             the
             King
             and
             his
             Crowne
             ,
             in
             all
             things
             where
             they
             may
             reasonably
             doe
             the
             same
             ;
             And
             that
             in
             the
             explanation
             of
             their
             said
             Oathes
             ,
             by
             the
             statute
             of
             20.
             
               Edw.
               3
               ▪
               cap.
            
             1.
             
             It
             is
             declared
             that
             they
             shall
             give
             no
             counsell
             to
             great
             men
             ,
             nor
             small
             ,
             in
             case
             where
             the
             King
             is
             party
             ,
             or
             which
             doth
             or
             may
             touch
             the
             King
             in
             any
             point
             .
             And
             as
             your
             Lordships
             have
             beene
             honorably
             pleased
             by
             an
             order
             of
             this
             honorable
             house
             ,
             bearing
             date
             the
             first
             of
             
               March
               Anno
               Dom.
               1641.
               
               Annoque
               Regni
               Caroli
               decimo
               sexto
            
             to
             give
             way
             ,
             that
             they
             should
             not
             be
             compelled
             to
             answer
             any
             part
             of
             those
             questions
             ,
             which
             did
             concerne
             his
             Majesties
             prerogatives
             or
             were
             against
             their
             oathes
             so
             they
             humbly
             represent
             unto
             your
             Lordships
             ,
             that
             they
             conceive
             that
             the
             answering
             of
             the
             particulars
             of
             this
             question
             ,
             doth
             concerne
             both
             ,
             for
             that
             the
             Kings
             privie
             Counsell
             as
             the
             question
             tearmes
             it
             ,
             or
             the
             Councell-board
             ,
             is
             a
             Court
             of
             his
             Majesties
             high
             prerogative
             ,
             where
             all
             proceedings
             are
             before
             him
             ,
             and
             his
             Counsell
             ,
             or
             before
             his
             Governor
             (
             who
             doth
             immediately
             ,
             to
             many
             purposes
             represent
             his
             Majesties
             person
             )
             and
             the
             
             Counsell
             .
             And
             where
             the
             great
             affaires
             of
             state
             concerning
             his
             Majesties
             honor
             ,
             government
             ,
             profit
             ,
             and
             of
             great
             persons
             and
             causes
             concerning
             the
             Common-wealth
             ,
             which
             ,
             may
             not
             conveniently
             be
             remedied
             by
             the
             ordinary
             rules
             of
             Common-law
             ,
             and
             many
             other
             causes
             have
             beene
             treated
             ,
             of
             ,
             and
             managed
             .
             And
             as
             his
             Majesty
             is
             the
             fountayne
             of
             all
             Iustice
             ,
             with
             in
             his
             kingdomes
             and
             may
             grant
             Cognizance
             of
             pleas
             unto
             his
             subjects
             ,
             and
             Corporations
             ,
             and
             may
             by
             his
             Commission
             authorize
             whom
             he
             shall
             thinke
             fit
             ,
             to
             execute
             many
             branches
             of
             his
             authoritie
             ,
             so
             they
             humbly
             conceive
             ,
             it
             doth
             not
             stand
             with
             their
             Oathes
             or
             duties
             of
             their
             places
             ,
             who
             are
             but
             Iudges
             of
             the
             ordinary
             Courts
             of
             Iustice
             ,
             before
             his
             Majesties
             pleasure
             signified
             in
             that
             behalfe
             ,
             to
             search
             into
             the
             Commissions
             or
             instructions
             of
             the
             chiefe
             Governor
             and
             Counsell
             ,
             or
             to
             give
             any
             opinion
             concerning
             the
             limits
             ,
             jurisdiction
             ,
             orders
             ,
             decrees
             ,
             proceedings
             ,
             or
             members
             of
             that
             high
             Court
             ,
             and
             that
             the
             King
             hath
             a
             prerogative
             for
             the
             hearing
             some
             of
             the
             matters
             in
             this
             question
             specified
             before
             his
             chiefe
             Governor
             ;
             We
             beseech
             your
             Lordships
             to
             cast
             your
             eyes
             on
             the
             statute
             of
             28.
             
               H.
               6.
               cap.
            
             2.
             in
             this
             kingdome
             ,
             where
             after
             m●●ters
             are
             directed
             to
             be
             sent
             to
             the
             ordinary
             Courts
             ,
             yet
             the
             Kings
             prerogative
             is
             expressely
             
             saved
             ,
             notwithstanding
             all
             which
             his
             gracious
             Majesty
             (
             for
             whom
             it
             is
             most
             proper
             )
             hath
             of
             late
             beene
             pleased
             to
             limit
             the
             proceedings
             of
             that
             Board
             by
             his
             instructions
             in
             print
             .
          
           
             4.
             
             To
             the
             
               fourth
               ,
            
             they
             answer
             as
             to
             the
             
               Third
               .
            
          
           
             5.
             
             To
             the
             
               fift
            
             they
             say
             that
             generally
             all
             grants
             of
             
               Monopolies
               ,
            
             whereby
             trading
             ,
             manufacture
             ,
             or
             commerce
             is
             restrayned
             ,
             &
             the
             profit
             which
             should
             goe
             to
             many
             hindred
             &
             brought
             into
             a
             few
             hands
             ,
             are
             against
             law
             ,
             the
             liberty
             of
             the
             subject
             and
             the
             good
             of
             the
             Common-wealth
             ,
             though
             they
             carrie
             never
             so
             faire
             a
             pretence
             of
             reforming
             abuses
             ,
             and
             that
             the
             pretended
             transgressors
             against
             such
             grants
             are
             not
             at
             all
             punishable
             by
             any
             rule
             of
             law
             ,
             that
             they
             know
             of
             ,
             And
             yet
             they
             say
             ,
             that
             they
             conceive
             that
             his
             Majestie
             ,
             that
             is
             ,
             the
             head
             and
             father
             of
             the
             Common-wealth
             may
             restrayne
             the
             use
             and
             importation
             and
             exportation
             of
             certaine
             commodities
             ,
             or
             confine
             the
             same
             into
             a
             few
             hands
             for
             a
             time
             where
             there
             may
             be
             likelyhood
             of
             his
             Majesties
             profit
             ,
             (
             which
             is
             the
             profit
             of
             the
             Common-wealth
             ,
             )
             and
             no
             apparent
             prejudice
             to
             the
             Common-wealth
             doth
             appeare
             ,
             and
             that
             when
             time
             shall
             discover
             such
             prejudice
             ,
             then
             such
             restraints
             ought
             to
             cease
             ;
             So
             if
             a
             man
             by
             his
             owne
             invention
             at
             home
             ,
             or
             travell
             ,
             observation
             ,
             or
             
             charge
             abroade
             doth
             introduce
             a
             new
             profitable
             ,
             and
             usefull
             trade
             or
             profession
             into
             the
             Common-wealth
             ,
             in
             such
             cases
             his
             Majesty
             may
             lawfully
             grant
             &
             licence
             the
             only
             making
             of
             such
             commoditie
             or
             teaching
             or
             using
             of
             such
             trade
             for
             a
             certayne
             time
             ,
             and
             the
             transgressors
             against
             such
             warrantable
             grants
             ,
             may
             be
             punished
             by
             payment
             of
             damages
             unto
             the
             Patentee
             ,
             in
             an
             ordinary
             course
             of
             Iustice
             ,
             or
             otherwise
             ,
             as
             the
             nature
             of
             the
             offence
             and
             matter
             doth
             deserve
             ;
             and
             as
             the
             consequence
             and
             importance
             of
             the
             matter
             may
             be
             to
             the
             King
             ,
             State
             ,
             or
             Common-wealth
             .
             And
             they
             say
             that
             the
             matter
             ,
             manner
             ,
             restrictions
             ,
             limitations
             ,
             reservations
             ,
             and
             other
             clauses
             contayned
             in
             such
             grants
             or
             licences
             ,
             and
             the
             Commissions
             or
             Proclamations
             ,
             thereupon
             and
             undue
             execution
             thereof
             ,
             and
             severall
             circumstances
             may
             make
             the
             same
             lawfull
             or
             unlawfull
             ,
             whereof
             they
             are
             not
             able
             to
             give
             any
             certayne
             resolution
             (
             before
             some
             particular
             commes
             in
             judgement
             before
             them
             )
             neyther
             are
             they
             otherwise
             able
             to
             answer
             the
             generall
             in
             the
             particulars
             of
             the
             said
             question
             ,
             of
             what
             ,
             in
             what
             cases
             ,
             how
             ,
             where
             ,
             and
             by
             whom
             ,
             or
             which
             of
             them
             ,
             wherein
             whosoever
             desireth
             further
             satisfaction
             he
             may
             please
             to
             have
             recourse
             unto
             the
             knowne
             cases
             of
             
               Monoplies
               ,
            
             Printed
             authorities
             ,
             and
             written
             
             Reports
             ,
             and
             unto
             the
             statute
             of
             21.
             
             
               Ia.
            
             in
             
               England
            
             concerning
             
               Monopolies
               ,
            
             and
             the
             severall
             exceptions
             and
             limitations
             therein
             .
          
           
             6.
             
             To
             the
             
               sixt
               ,
            
             they
             say
             they
             can
             no
             otherwise
             answer
             then
             they
             have
             already
             in
             their
             answer
             to
             the
             third
             question
             ,
             for
             the
             reasons
             therein
             setforth
             .
          
           
             7.
             
             To
             the
             
               seventh
               ,
            
             they
             say
             ,
             that
             a
             Proclamation
             or
             act
             of
             State
             cannot
             alter
             the
             common-law
             ,
             and
             yet
             Proclamations
             are
             acts
             of
             his
             Majesties
             prerogative
             ,
             and
             are
             ,
             and
             alwayes
             have
             beene
             of
             great
             use
             ,
             and
             that
             the
             contemners
             of
             such
             of
             them
             as
             are
             not
             against
             the
             law
             ,
             are
             and
             by
             the
             constant
             practise
             of
             the
             
               Star-chamber
            
             in
             
               England
            
             have
             beene
             punished
             ,
             according
             the
             nature
             of
             the
             contempt
             ,
             and
             course
             of
             the
             said
             Court
             ,
             and
             although
             acts
             of
             State
             ,
             are
             not
             of
             force
             to
             bind
             the
             goods
             ,
             possessions
             ,
             or
             inheritance
             of
             the
             subject
             ,
             yet
             they
             have
             beene
             of
             great
             use
             for
             the
             setling
             of
             the
             estates
             of
             very
             many
             subjects
             in
             this
             kingdome
             ,
             as
             may
             appeare
             in
             the
             
               Report
            
             of
             the
             case
             of
             
               Irish
               gavelkind
            
             in
             Print
             .
             And
             further
             to
             that
             question
             they
             cannot
             answer
             for
             the
             reasons
             in
             their
             answer
             unto
             the
             third
             question
             set
             forth
             .
          
           
             8.
             
             To
             the
             
               eight
               ,
            
             they
             say
             ,
             that
             they
             know
             no
             ordinary
             rule
             of
             law
             ,
             by
             which
             the
             subjects
             of
             this
             
             kingdome
             are
             made
             subject
             to
             Marshall-law
             in
             time
             of
             peace
             ,
             and
             that
             they
             find
             the
             use
             thereof
             in
             time
             of
             peace
             ,
             in
             
               England
               ,
            
             complayned
             off
             ,
             in
             the
             petition
             of
             right
             ,
             exhibited
             to
             his
             Majestie
             in
             the
             third
             yeare
             of
             his
             raigne
             ,
             And
             that
             they
             conceive
             the
             granting
             of
             authority
             and
             Commission
             for
             execution
             thereof
             ,
             is
             derived
             out
             of
             his
             Majesties
             Regall
             and
             prerogative
             power
             ,
             for
             suppressing
             of
             suddaine
             and
             great
             insolencies
             and
             insurrections
             ,
             among
             armies
             ,
             or
             multitudes
             of
             armed
             men
             lawfully
             or
             unlawfully
             convented
             together
             ,
             (
             the
             right
             use
             wherof
             in
             all
             times
             hath
             beene
             found
             most
             necessary
             in
             this
             kingdome
             )
             And
             further
             to
             that
             question
             they
             cannot
             answer
             ,
             for
             that
             as
             they
             conceive
             ,
             it
             doth
             concerne
             his
             Majesties
             Regall
             power
             ,
             and
             that
             the
             answering
             of
             the
             other
             part
             of
             the
             question
             doth
             properly
             belong
             to
             another
             profession
             ,
             whereof
             they
             have
             no
             Cognizance
             .
          
           
             9.
             
             To
             the
             
               ninth
            
             they
             say
             ,
             that
             as
             the
             taking
             of
             any
             Oath
             before
             any
             but
             such
             Iudges
             or
             persons
             as
             have
             power
             to
             give
             or
             demaund
             an
             Oath
             ,
             for
             decision
             of
             controversies
             ,
             is
             by
             most
             Divin●
             in
             most
             cases
             counted
             to
             be
             a
             rash
             Oath
             ,
             and
             so
             an
             offence
             against
             God
             ,
             within
             the
             third
             Commandement
             ,
             so
             the
             prescribing
             and
             demaunding
             of
             a
             set
             Oath
             by
             any
             that
             cannot
             derive
             power
             so
             to
             doe
             from
             the
             
             Crowne
             (
             where
             the
             fountaine
             of
             Iustice
             under
             God
             doth
             reside
             )
             is
             an
             offence
             against
             the
             law
             of
             the
             Land
             ,
             and
             as
             for
             voluntary
             and
             extra
             judiciall
             Oathes
             ,
             although
             freely
             taken
             before
             arbitrators
             or
             others
             ,
             they
             say
             (
             as
             this
             kingdome
             is
             composed
             in
             many
             particulars
             ,
             as
             the
             nature
             &
             consequence
             of
             the
             cause
             ,
             or
             the
             quality
             of
             the
             person
             who
             taketh
             ,
             or
             before
             whom
             the
             same
             is
             taken
             ,
             may
             concerne
             the
             Common-wealth
             ,
             or
             the
             members
             therof
             )
             such
             taking
             of
             such
             Oathes
             or
             proceeding
             or
             grounding
             on
             such
             Oath
             in
             deciding
             of
             controversies
             ,
             according
             to
             the
             severall
             circumstances
             ,
             that
             may
             occurre
             therein
             ,
             or
             the
             prejudice
             ,
             it
             may
             introduce
             to
             the
             Common-wealth
             ,
             may
             be
             punishable
             by
             the
             Common-law
             ,
             or
             (
             if
             it
             grow
             unto
             an
             height
             or
             generall
             inconvenience
             to
             the
             common-wealth
             or
             members
             thereof
             )
             in
             the
             
               Castle-chamber
               ;
            
             For
             though
             such
             an
             Oath
             be
             voluntary
             ,
             yet
             in
             most
             cases
             ,
             it
             is
             received
             by
             him
             ,
             that
             doth
             intend
             to
             ground
             his
             Iudgment
             thereon
             ,
             and
             after
             the
             Oath
             is
             taken
             ,
             the
             arbitrator
             ,
             or
             he
             that
             intends
             to
             yeeld
             faith
             to
             the
             party
             ,
             that
             tooke
             the
             Oath
             ,
             doth
             examine
             him
             upon
             one
             or
             more
             questions
             ,
             upon
             the
             said
             Oath
             ,
             unto
             the
             answer
             whereof
             ,
             hee
             doth
             give
             faith
             and
             assent
             ,
             trusting
             on
             the
             said
             Oath
             .
             And
             whereas
             Oathes
             by
             Gods
             institution
             
             were
             chiefly
             allowed
             to
             bee
             taken
             before
             lawfull
             Magistrates
             ,
             for
             ending
             of
             controversies
             ,
             yet
             common
             experience
             doth
             teach
             in
             this
             kingdome
             ,
             that
             oftentimes
             orders
             and
             acts
             grounded
             on
             such
             voluntary
             Oathes
             ,
             beget
             strife
             ,
             and
             suits
             ;
             and
             commonly
             such
             orders
             when
             they
             come
             to
             bee
             measured
             by
             rules
             of
             law
             ,
             or
             equitie
             in
             the
             Kings
             Courts
             become
             voyde
             ,
             after
             much
             expence
             of
             time
             ,
             and
             charge
             that
             we
             say
             nothing
             of
             that
             ,
             that
             thereby
             many
             causes
             proper
             to
             the
             Kings
             Courts
             are
             drawn
             
               ad
               aliud
               examen
               ,
            
             and
             thereby
             the
             Kings
             justice
             and
             Courts
             often
             defrauded
             and
             declined
             .
          
           
             10.
             
             To
             the
             
               tenth
               ,
            
             they
             say
             ,
             that
             they
             are
             not
             Iudges
             of
             rules
             of
             policie
             ,
             but
             of
             law
             ,
             and
             that
             they
             know
             no
             certayne
             rule
             of
             law
             ,
             concerning
             reducement
             of
             fines
             .
             The
             same
             being
             matters
             of
             his
             Majesties
             own
             meere
             Grace
             ,
             after
             a
             man
             is
             censured
             for
             any
             offence
             :
             And
             that
             they
             know
             no
             law
             ,
             that
             none
             shall
             be
             admitted
             to
             reducement
             of
             his
             fines
             or
             other
             penalties
             in
             the
             Courts
             in
             the
             question
             specified
             ,
             untill
             he
             confesse
             the
             fact
             for
             which
             he
             was
             censured
             .
             But
             forasmuch
             as
             the
             admittance
             to
             a
             reducement
             after
             conviction
             ,
             for
             an
             offence
             ,
             is
             matter
             of
             Grace
             and
             not
             Iustice
             ;
             It
             hath
             beene
             the
             constant
             course
             of
             these
             Courts
             both
             here
             and
             in
             
               England
               ,
            
             for
             cleering
             of
             his
             Majesties
             justice
             
             (
             where
             the
             partie
             will
             not
             goe
             about
             to
             cleere
             himselfe
             ,
             by
             reversall
             of
             the
             censure
             or
             decree
             )
             not
             to
             admit
             him
             to
             that
             grace
             ,
             untill
             he
             hath
             confessed
             the
             justnesse
             ,
             of
             the
             sentence
             pronounced
             by
             the
             Court
             against
             him
             .
             And
             that
             the
             rather
             for
             that
             commonly
             the
             ability
             and
             disabilitie
             of
             the
             partie
             doth
             not
             appeare
             in
             judgement
             before
             them
             but
             the
             nature
             and
             circumstances
             of
             the
             offence
             ,
             according
             to
             which
             ,
             they
             give
             sentence
             against
             him
             or
             them
             ,
             
               in
               terrorem
            
             after
             which
             ,
             when
             the
             partie
             shall
             make
             the
             weaknesse
             of
             his
             estate
             appeare
             ,
             or
             that
             the
             Court
             is
             otherwise
             ascerteyned
             ,
             that
             they
             doe
             of
             course
             proportion
             the
             censure
             ,
             or
             penaltie
             ,
             having
             regard
             to
             his
             estate
             .
          
           
             11.
             
             To
             the
             
               eleventh
               ,
            
             they
             say
             ,
             That
             neither
             the
             Iudges
             of
             the
             Kings
             Bench
             (
             as
             they
             informe
             us
             ,
             that
             are
             of
             that
             Court
             )
             or
             Iustices
             of
             Gaole
             delivery
             ,
             or
             of
             any
             other
             Court
             ,
             doe
             or
             can
             by
             any
             law
             they
             know
             ,
             deny
             the
             copies
             of
             Indictments
             ,
             of
             Felony
             ,
             or
             Treason
             ,
             to
             the
             partie
             only
             accused
             as
             by
             the
             said
             question
             is
             demanded
             .
          
           
             12.
             
             To
             the
             
               twelfth
               ,
            
             they
             say
             ,
             that
             where
             lands
             are
             holden
             of
             the
             King
             by
             the
             Knights
             service
             ,
             
               in
               Capite
               ,
            
             the
             tenant
             by
             the
             strict
             course
             of
             Law
             ought
             in
             person
             to
             doe
             his
             homage
             to
             the
             King
             ,
             and
             untill
             he
             hath
             done
             his
             homage
             ,
             the
             ancient
             
             course
             of
             the
             Exchequer
             hath
             beene
             &
             yet
             is
             ,
             to
             issue
             processe
             of
             
               distringas
            
             out
             of
             the
             second
             remembrance
             Office
             ,
             to
             distrayne
             the
             tenants
             
               ad
               faciendum
               homagium
            
             or
             
               pro
               homagio
               suo
               respectuādo
               ,
            
             upon
             which
             processe
             ,
             the
             Shiriffes
             returneth
             issues
             .
             And
             if
             the
             Tenant
             doe
             not
             therupon
             appeare
             and
             compound
             with
             the
             King
             ,
             to
             give
             a
             fine
             for
             respite
             of
             homage
             ,
             then
             the
             issues
             are
             forfeyted
             to
             the
             King
             for
             his
             contempt
             ,
             but
             if
             he
             appeare
             ,
             then
             the
             Court
             of
             Exchequer
             doth
             agree
             with
             him
             to
             respite
             his
             homage
             for
             a
             small
             fine
             ,
             wherein
             they
             regulate
             themselves
             ▪
             under
             the
             rate
             expressed
             and
             set
             downe
             in
             
               England
            
             by
             vertue
             of
             a
             privie
             Scale
             in
             the
             15.
             yeare
             of
             Queene
             
               Elizabeth
               ,
            
             whereby
             the
             rates
             are
             particularly
             set
             downe
             ,
             according
             to
             the
             yearely
             value
             of
             the
             Lands
             ,
             which
             rates
             are
             confirmed
             by
             act
             of
             Parliament
             in
             1.
             
             
               Iacob
               .
               Regis
               cap.
            
             26.
             in
             
               England
               ,
            
             before
             which
             time
             there
             was
             not
             any
             such
             certayntie
             ,
             but
             the
             same
             rested
             in
             the
             discretion
             of
             the
             Court
             by
             the
             rule
             of
             Common-law
             ,
             and
             so
             it
             doth
             at
             this
             day
             in
             
               Ireland
               ,
            
             howbeit
             we
             conceive
             that
             the
             Court
             of
             Exchequer
             here
             doe
             well
             to
             regulate
             their
             discretions
             by
             those
             rates
             in
             
               England
               ,
            
             and
             rather
             to
             be
             under
             then
             to
             exceede
             the
             same
             ,
             which
             the
             Barons
             there
             doe
             ,
             as
             they
             doe
             informe
             us
             ,
             that
             are
             Iudges
             of
             the
             other
             Courts
             .
          
           
           
             13.
             
             To
             the
             13.
             they
             say
             ,
             that
             they
             know
             no
             rule
             of
             Law
             or
             statute
             ,
             by
             which
             it
             should
             be
             cēsurable
             ,
             in
             the
             subjects
             of
             this
             kingdome
             to
             repayre
             into
             
               England
               ,
            
             to
             appeale
             unto
             his
             Majesty
             for
             redresse
             of
             injuries
             ,
             or
             for
             other
             their
             lawfull
             occasions
             ,
             unles
             they
             be
             prohibited
             by
             his
             Majesties
             writ
             ,
             or
             proclamation
             or
             ,
             other
             his
             Command
             .
             But
             they
             find
             that
             by
             the
             statute
             of
             5.
             
             
               Rich.
            
             2.
             the
             passage
             of
             the
             subject
             out
             of
             the
             Realme
             ,
             is
             prohibited
             without
             speciall
             licence
             ,
             excepting
             Noblemen
             ,
             &
             others
             in
             the
             said
             statute
             specially
             excepted
             ,
             &
             some
             inference
             to
             that
             purpose
             may
             be
             made
             upon
             the
             statute
             of
             25.
             
             
               Hen
               6
               cap.
            
             2.
             in
             this
             kingdome
             .
          
           
             14.
             
             To
             the
             14.
             they
             say
             ,
             that
             some
             Deanries
             &
             dignities
             ,
             not
             Deanes
             or
             dignitaries
             (
             as
             the
             question
             propounds
             it
             )
             are
             properly
             ,
             &
             
               de
               mero
               jure
            
             donative
             by
             the
             King
             ,
             some
             Elective
             ,
             &
             some
             Collative
             ,
             according
             to
             the
             first
             foundation
             &
             usuage
             of
             such
             Churches
             ,
             &
             they
             humbly
             desire
             that
             they
             may
             not
             be
             required
             to
             give
             any
             further
             answer
             to
             this
             question
             ;
             for
             that
             it
             may
             concerne
             many
             mens
             estates
             which
             may
             come
             judcially
             in
             question
             before
             them
          
           
             15.
             
             To
             the
             15.
             they
             say
             ,
             that
             they
             conceive
             that
             where
             priviledges
             are
             claymed
             by
             any body
             politicke
             ,
             or
             other
             ,
             the
             Kings
             Counsell
             may
             exhibite
             
               à
               quo-warranto
            
             to
             cause
             the
             parties
             clayming
             such
             
             priviledges
             ,
             to
             shew
             by
             what
             warrant
             they
             clayme
             the
             same
             ,
             &
             that
             the
             Court
             cannot
             hinder
             the
             issuing
             of
             processe
             at
             the
             instance
             of
             the
             Kings
             Atturney
             ,
             or
             hinder
             the
             Kings
             Atturney
             to
             exhibite
             such
             informations
             .
             But
             when
             the
             case
             shall
             upon
             the
             proceedings
             be
             brought
             to
             judgment
             ,
             then
             &
             not
             before
             the
             Court
             is
             to
             take
             notice
             and
             give
             judg●ment
             ,
             upon
             the
             merite
             &
             circūstances
             of
             the
             cause
             ,
             as
             upon
             due
             consideration
             shal
             be
             conceived
             to
             be
             according
             to
             law
             ,
             in
             which
             case
             the
             Iudges
             or
             the
             Kings
             Atturney
             (
             as
             they
             conceive
             )
             ought
             not
             to
             be
             punished
             by
             any
             ordinary
             rule
             of
             law
             or
             statute
             that
             they
             know
             .
             But
             for
             the
             particular
             case
             of
             
               Quo-warranto
            
             for
             that
             it
             hath
             beene
             a
             great
             question
             in
             this
             present
             Parliament
             ,
             &
             so
             concernes
             the
             highest
             Court
             of
             justice
             in
             this
             kingdome
             ,
             &
             also
             concernes
             two
             other
             of
             his
             Majesties
             Courts
             of
             justice
             ,
             &
             therin
             his
             Majesties
             prerogative
             in
             those
             Courts
             ,
             they
             say
             that
             they
             cannot
             safely
             deliver
             any
             opinion
             therein
             ,
             before
             it
             comes
             judicially
             before
             them
             ,
             and
             that
             they
             heare
             it
             argued
             and
             debated
             by
             learned
             Counsell
             on
             both
             sides
             .
          
           
             16.
             
             To
             the
             
               sixteenth
            
             they
             say
             ,
             that
             although
             the
             Iurors
             be
             sole
             Iudges
             of
             the
             matter
             of
             fact
             ,
             yet
             the
             Iudges
             of
             the
             Court
             are
             Iudges
             of
             the
             validitie
             of
             the
             evidence
             ,
             and
             of
             the
             matters
             of
             law
             arising
             out
             
             of
             the
             same
             ,
             wherein
             the
             Iury
             ought
             to
             be
             guided
             by
             them
             .
             And
             if
             the
             Iury
             in
             any
             criminall
             cause
             betweene
             the
             King
             and
             party
             ,
             give
             their
             verdict
             contrary
             to
             cleere
             and
             apparent
             evidence
             delivered
             in
             Court
             ,
             they
             have
             beene
             constantly
             ,
             and
             still
             ought
             to
             be
             censured
             in
             the
             
               Star-chamber
            
             in
             
               England
               ,
            
             and
             
               Castle-chamber
            
             here
             ,
             for
             this
             misdemeanor
             in
             perverting
             the
             right
             course
             of
             justice
             ,
             in
             such
             fines
             and
             other
             punishment
             as
             the
             merites
             &
             circumstances
             of
             the
             cause
             doth
             deserve
             ,
             according
             to
             the
             course
             of
             the
             said
             Courts
             ,
             for
             that
             their
             consciences
             ought
             to
             be
             directed
             by
             the
             evidence
             ,
             and
             not
             to
             bee
             misguided
             by
             their
             wills
             or
             affections
             .
             And
             if
             the
             Iury
             know
             any
             matter
             of
             fact
             ,
             which
             may
             eyther
             better
             or
             blemish
             their
             evidence
             ,
             they
             may
             take
             advantage
             thereof
             ,
             but
             they
             ought
             to
             discover
             the
             same
             to
             the
             Iudges
             .
             And
             they
             say
             that
             this
             proceeding
             in
             the
             Court
             of
             
               Castle-chamber
            
             is
             out
             of
             the
             same
             grounds
             ,
             that
             writs
             of
             attaint
             are
             against
             a
             Iury
             that
             gives
             a
             false
             verdict
             ,
             in
             a
             Court
             of
             Record
             at
             the
             Common-law
             betwixt
             partie
             and
             partie
             ,
             which
             false
             verdict
             being
             found
             by
             a
             Iury
             of
             twenty
             foure
             ,
             notwithstanding
             that
             the
             first
             Iurie
             were
             Iudges
             of
             the
             fact
             ,
             yet
             that
             infamous
             judgement
             was
             pronounced
             against
             the
             first
             Iury
             ,
             which
             is
             next
             or
             rather
             worse
             then
             judgment
             to
             death
             ,
             and
             
             did
             lay
             a
             perpetuall
             brand
             of
             perjury
             upon
             them
             ,
             for
             which
             reason
             it
             was
             anciently
             called
             the
             
               villanous
               judgement
               ,
            
             and
             they
             say
             that
             the
             law
             to
             direct
             the
             punishment
             for
             such
             offences
             is
             the
             course
             of
             the
             said
             Court
             ,
             which
             is
             a
             law
             as
             to
             that
             purpose
             ,
             &
             the
             statute
             of
             3.
             
               Henr.
               7.
               cap.
            
             1.
             and
             other
             statutes
             in
             force
             in
             this
             kingdome
             .
          
           
             17.
             
             To
             the
             
               seventeenth
               ,
            
             they
             say
             ,
             they
             can
             answer
             no
             otherwise
             ,
             then
             they
             have
             in
             their
             answer
             to
             the
             next
             precedent
             question
             .
          
           
             18.
             
             To
             the
             
               eighteenth
               ,
            
             they
             say
             ,
             that
             in
             a
             Legall
             construction
             the
             statute
             of
             
               Magna
               Charta
            
             in
             which
             the
             words
             
               Salvo
               contenemento
            
             are
             mentioned
             is
             only
             to
             be
             understood
             of
             amerciaments
             &
             not
             of
             fines
             ,
             yet
             where
             great
             fines
             are
             imposed
             
               in
               terrorem
            
             upon
             the
             reducement
             of
             them
             regard
             is
             to
             be
             had
             to
             the
             abilitie
             of
             the
             persons
             .
          
           
             19.
             
             To
             the
             
               nineteenth
               ,
            
             they
             say
             ,
             that
             if
             one
             doth
             steale
             a
             sheepe
             or
             commit
             any
             other
             felony
             ,
             and
             after
             flyeth
             the
             course
             of
             justice
             ,
             or
             lyeth
             in
             woods
             ,
             or
             mountaynes
             upon
             his
             keeping
             ,
             yet
             doth
             he
             not
             thereby
             become
             a
             Traytor
             ,
             neyther
             doth
             a
             Proclamation
             make
             him
             so
             ,
             the
             chiefe
             use
             whereof
             in
             such
             a
             Case
             is
             ,
             to
             invite
             the
             partie
             so
             standing
             out
             to
             submit
             himselfe
             to
             justice
             ,
             or
             to
             forewarne
             others
             of
             the
             danger
             they
             may
             runne
             into
             by
             keeping
             him
             
             company
             ,
             or
             giving
             him
             mayntenance
             ,
             and
             reliefe
             whereby
             he
             may
             the
             rather
             submit
             to
             Iustice
             .
          
           
             20.
             
             To
             the
             
               twentieth
               ,
            
             they
             say
             ,
             that
             the
             testimony
             of
             Rebels
             ,
             or
             Traytors
             under
             protection
             of
             Theeves
             ,
             or
             other
             infamous
             persons
             is
             not
             to
             bee
             used
             or
             pressed
             as
             convincing
             evidence
             upon
             the
             tryall
             of
             any
             man
             for
             his
             life
             ,
             and
             so
             is
             his
             Majesties
             printed
             instructions
             ,
             as
             to
             persons
             condemned
             ,
             or
             under
             protectiō
             ,
             yet
             the
             testimony
             of
             such
             persons
             not
             condemned
             &
             being
             fortified
             with
             other
             concurring
             proofe
             ,
             or
             apparant
             circumstances
             may
             be
             pressed
             upon
             any
             tryall
             ,
             and
             for
             discovering
             of
             their
             fellowes
             ,
             abetors
             ,
             or
             relievers
             as
             the
             circumstances
             may
             offer
             themselves
             in
             their
             examinations
             ,
             especially
             if
             before
             they
             confesse
             themselves
             guiltie
             of
             the
             offence
             in
             imitation
             of
             the
             approver
             at
             the
             Common-law
             ,
             whereof
             no
             certaine
             rule
             may
             be
             given
             .
             And
             it
             neede
             not
             be
             made
             a
             question
             here
             ,
             whether
             the
             Iurors
             or
             Iudges
             ought
             to
             be
             Iudges
             of
             the
             matter
             of
             fact
             ,
             it
             being
             positively
             layd
             downe
             in
             the
             sixteenth
             question
             that
             they
             are
             .
             And
             though
             their
             false
             verdict
             doth
             convince
             ,
             or
             not
             convince
             the
             prisoner
             ,
             yet
             they
             may
             be
             questioned
             ,
             and
             punished
             for
             a
             false
             verdict
             ,
             as
             in
             their
             answer
             to
             the
             sixteenth
             is
             already
             declared
             .
          
           
           
             21.
             
             To
             the
             
               twentie
               one
               ,
            
             they
             say
             ,
             that
             that
             question
             is
             now
             judicially
             depending
             ,
             and
             hath
             beene
             already
             solemnely
             argued
             in
             his
             Majesties
             Court
             of
             
               VVardes
               ,
            
             in
             which
             Court
             their
             assistance
             for
             declaration
             of
             the
             law
             therein
             is
             already
             required
             .
             And
             therefore
             they
             humbly
             desire
             they
             may
             not
             be
             compelled
             to
             give
             any
             opinion
             touching
             that
             point
             untill
             it
             be
             resolved
             there
             .
          
           
             22.
             
             To
             the
             
               twentie
               two
               ,
            
             they
             say
             ,
             that
             they
             doe
             conceive
             ,
             that
             there
             is
             no
             matter
             of
             Law
             contayned
             in
             the
             said
             question
             ,
             yet
             for
             the
             further
             satisfaction
             of
             your
             Lordships
             ,
             they
             say
             that
             upon
             view
             of
             an
             Act
             of
             state
             ,
             bearing
             Date
             at
             his
             Majesties
             
               Castle
            
             of
             
               Dublin
            
             the
             
               twenty
               fourth
            
             of
             
               December
            
             1636.
             grounded
             upon
             his
             Majesties
             Letters
             of
             the
             
               fift
            
             of
             
               Iuly
            
             then
             last
             past
             ,
             it
             appeared
             unto
             them
             that
             foure
             shillings
             in
             the
             pound
             ,
             as
             of
             his
             Majesties
             free
             gift
             and
             reward
             ,
             out
             of
             the
             first
             payment
             of
             the
             increase
             of
             rent
             reserved
             to
             his
             Majestie
             ,
             was
             allowed
             to
             the
             Iudges
             that
             were
             Commissioners
             and
             attended
             that
             service
             .
             And
             we
             humbly
             conceive
             that
             the
             receiving
             of
             that
             foure
             shillings
             in
             the
             pound
             ,
             of
             his
             Majesties
             bountie
             ,
             stands
             well
             with
             the
             integrity
             of
             a
             Iudge
             ,
             and
             those
             Iudges
             did
             informe
             them
             that
             they
             did
             not
             avoyde
             any
             Letters-Patents
             upon
             the
             Commission
             of
             Defective
             
             Titles
             but
             received
             such
             to
             compound
             as
             submitted
             for
             the
             strengthning
             of
             their
             defective
             Patents
             and
             Titles
             ,
             and
             such
             as
             would
             stand
             upon
             the
             validity
             of
             their
             grants
             were
             left
             to
             the
             tryall
             at
             law
             .
             And
             that
             the
             Compositions
             made
             after
             the
             said
             grants
             of
             the
             foure
             shillings
             in
             the
             pound
             were
             made
             according
             to
             rules
             and
             rates
             agreed
             upon
             by
             all
             the
             Commissioners
             before
             his
             Majesties
             said
             Letters
             or
             the
             said
             Act
             of
             State
             ,
             and
             not
             otherwise
             .
          
           
             
               
                 
                   George
                   Shurley
                   .
                
                 
                   Hu.
                   Cressy
                   .
                
                 
                   VVilliam
                   Hilton
                   .
                
                 
                   Edw.
                   Bolton
                   .
                
                 
                   Iames
                   Barry
                   .
                
                 
                   Sa.
                   Mayars
                   .
                
                 
                   Iam.
                   Donellan
                
              
            
             Copia
             vera
             .
             
               Extract
               per
            
             Phil
             ▪
             Percivall
             .
          
        
         
         
           
             Mr
             DARCIES
             REPLY
             TO
             THE
             ANSWER
             OF
             THE
             IVDGES
             .
          
           
             
               MY
               LORDS
               ,
            
          
           
             His
             Majesties
             most
             humble
             and
             faithfull
             subjects
             ,
             the
             Knights
             ,
             Citizens
             ,
             and
             Burgesses
             in
             Parliament
             assembled
             representing
             the
             whole
             Commons
             of
             this
             Realme
             calling
             to
             mind
             the
             late
             invasion
             made
             upon
             the
             Lawes
             and
             just
             rights
             ,
             have
             heretofore
             presented
             unto
             the
             Lords
             House
             certaine
             questions
             of
             great
             weight
             and
             moment
             ,
             to
             the
             end
             their
             Lordships
             might
             thereunto
             require
             the
             answer
             of
             the
             Iudges
             in
             writing
             ,
             which
             being
             long
             sithence
             accordingly
             commaunded
             by
             their
             Lordships
             ,
             the
             Iudges
             have
             of
             late
             delivered
             
             in
             ,
             a
             writing
             to
             the
             Lords
             House
             by
             them
             styled
             ,
             
               an
               Answer
               unto
               the
               said
               Questions
               ,
            
             which
             being
             sent
             to
             the
             Commons
             house
             to
             be
             taken
             into
             consideration
             ,
             and
             the
             same
             &
             all
             the
             partes
             thereof
             being
             weighed
             in
             the
             ballance
             of
             the
             grave
             judgement
             ,
             and
             knowledge
             of
             the
             said
             house
             of
             Commons
             ,
             the
             said
             answer
             was
             upon
             question
             voted
             to
             be
             (
             
               minus
               pondus
               habens
            
             )
             and
             not
             to
             merit
             the
             name
             of
             an
             answer
             .
          
           
             This
             my
             Lords
             being
             the
             occasion
             of
             this
             conference
             ,
             the
             house
             of
             Commons
             appointed
             me
             ,
             a
             feeble
             Organ
             ,
             to
             utter
             part
             of
             their
             sense
             of
             the
             style
             and
             manner
             of
             this
             writing
             ,
             and
             to
             declare
             part
             of
             those
             reasons
             which
             satisfied
             their
             judgements
             ;
             that
             ,
             the
             said
             writing
             was
             short
             and
             insufficient
             (
             
               o
               utinam
            
             )
             that
             were
             all
             .
          
           
             
               My
               Lords
               ,
            
             the
             Iudges
             had
             divers
             Moneths
             time
             to
             answer
             plaine
             questions
             (
             plaine
             ,
             I
             speake
             of
             those
             who
             would
             be
             plaine
             )
             the
             house
             of
             Commons
             a
             few
             dayes
             onely
             to
             consider
             of
             that
             intricate
             writing
             .
             My
             powers
             are
             weake
             ,
             and
             the
             infirmities
             of
             my
             body
             are
             visible
             ,
             both
             in
             part
             occasioned
             by
             an
             high
             hand
             ,
             I
             should
             therefore
             faint
             under
             the
             weight
             of
             this
             burden
             ;
             but
             that
             the
             taske
             is
             not
             great
             ,
             I
             doe
             represent
             to
             your
             Lordships
             by
             way
             of
             rehearseall
             onely
             some
             partes
             of
             those
             reasons
             
             and
             authorities
             which
             were
             gathered
             and
             ripened
             to
             my
             hands
             by
             the
             house
             of
             Commons
             .
          
           
             
               My
               Lords
            
             in
             matters
             of
             importance
             the
             course
             hath
             beene
             ancient
             and
             not
             yet
             deserted
             ,
             to
             begin
             with
             
               Prologues
            
             or
             
               Exordiums
               ,
            
             the
             worke
             is
             not
             mine
             I
             will
             onely
             (
             
               In
               nomine
               sanctissimae
               Trinitatis
            
             )
             make
             my
             entrance
             upon
             the
             matter
             of
             this
             Conference
             which
             is
             a
             generall
             concernment
             ;
             a
             great
             concernment
             of
             the
             whole
             kingdome
             :
             And
             to
             that
             purpose
             I
             will
             declare
             the
             causes
             and
             reasons
             which
             moved
             or
             rather
             inforced
             the
             house
             of
             Commons
             ,
             for
             to
             disgest
             and
             propound
             the
             said
             
               Questions
               ,
            
             and
             to
             make
             it
             appeare
             that
             none
             of
             them
             is
             (
             
               Idea
               Platonica
            
             )
             none
             of
             them
             circumventing
             ,
             and
             all
             depending
             now
             or
             of
             late
             .
          
           
             To
             mantayne
             the
             preamble
             to
             
               Questions
               (
               viz.
            
             )
             
             That
             this
             Nation
             ought
             to
             bee
             governed
             by
             the
             Common-lawes
             of
             
               England
               ,
            
             that
             the
             great
             Charter
             and
             many
             other
             beneficiall
             statutes
             of
             
               England
            
             are
             here
             of
             force
             ,
             by
             reasoning
             or
             argumentation
             ,
             were
             to
             alter
             a
             foundation
             layd
             460.
             yeares
             past
             ,
             and
             to
             shake
             a
             stately
             building
             thereon
             erected
             by
             the
             providence
             and
             industrie
             of
             all
             the
             ensuing
             times
             and
             ages
             :
             This
             is
             so
             unanswerable
             a
             truth
             and
             a
             principle
             so
             cleere
             ,
             that
             it
             proveth
             all
             ,
             it
             needeth
             not
             to
             be
             proved
             or
             reasoned
             .
          
           
           
             
               Reasons
            
             why
             the
             
               Questions
            
             were
             propounded
             .
          
           
             The
             reason
             for
             the
             
               first
            
             was
             ,
             
             the
             late
             introduction
             of
             an
             arbitrary
             government
             in
             many
             cases
             by
             some
             Ministers
             of
             estate
             contrary
             to
             the
             lawes
             and
             statutes
             aforesaid
             ,
             a
             government
             contrary
             to
             the
             just
             freedome
             &
             property
             of
             his
             Majesties
             people
             ,
             in
             their
             lives
             ,
             estates
             and
             liberties
             ,
             whereas
             the
             subjects
             governed
             by
             the
             lawes
             of
             
               England
            
             are
             and
             ought
             to
             be
             free
             subjects
             ,
             the
             late
             disuse
             therefore
             of
             those
             lawes
             in
             execution
             ,
             and
             the
             measure
             of
             justice
             being
             squared
             by
             the
             
               Lesbian
               line
            
             of
             uncertaintie
             ,
             as
             contrary
             to
             the
             lawes
             aforesaid
             ,
             as
             any
             (
             
               oppositum
               is
               in
               objecto
            
             )
             produced
             the
             
               first
               question
               ,
            
             and
             I
             hope
             not
             improperly
             .
          
           
             The
             reason
             for
             the
             second
             in
             part
             ariseth
             out
             of
             the
             Oath
             of
             a
             Iudge
             18.
             
               Edw.
            
             3.
             
             to
             be
             found
             among
             the
             Printed
             statutes
             
               Polton
               fol.
            
             144.
             and
             out
             of
             the
             statutes
             of
             20.
             
               Edw.
               3.
               cap.
               1.
               2.
               
               &
               3.
               
               Polton
               fol.
            
             145.
             
             This
             Oath
             is
             comprehensive
             and
             extends
             to
             the
             Iudges
             ,
             the
             Barons
             of
             the
             Exchequer
             ,
             and
             Iustices
             of
             Gaole-delivery
             ,
             and
             their
             associats
             .
          
           
             This
             great
             and
             sacred
             Oath
             contaynes
             severall
             branches
             .
             First
             ,
             well
             &
             lawfully
             to
             serve
             the
             King
             &
             his
             people
             in
             the
             Office
             of
             a
             Iustice
             .
             Secondly
             ,
             not
             to
             Counsell
             or
             consent
             unto
             any
             thing
             tending
             to
             the
             Kings
             damage
             or
             disinherison
             .
             Thirdly
             ,
             to
             
             warne
             the
             King
             of
             his
             damage
             when
             hee
             knowes
             it
             ,
             Fourthly
             ,
             to
             doe
             equall
             Iustice
             to
             rich
             and
             poore
             ,
             &c.
             without
             respect
             of
             persons
             .
             Fiftly
             ,
             to
             receive
             no
             reward
             .
             Sixtly
             ,
             to
             take
             no
             Fee
             of
             any
             other
             then
             the
             King
             .
             Seventhly
             ,
             to
             commit
             such
             as
             breake
             the
             peace
             in
             the
             face
             of
             Iustice
             .
             Eightly
             ,
             not
             to
             mantayne
             any
             suite
             .
             Ninthly
             ,
             not
             to
             deny
             Iustice
             notwithstanding
             the
             Kings
             Letters
             or
             Commandements
             ,
             and
             in
             that
             Case
             to
             certifie
             the
             King
             of
             the
             truth
             .
             Tenthly
             ,
             by
             reasonable
             wages
             to
             procure
             the
             profits
             of
             the
             Crowne
             .
             Eleventhly
             ,
             if
             he
             be
             found
             in
             default
             ,
             in
             any
             the
             matters
             aforesaid
             ,
             to
             bee
             in
             the
             Kings
             mercie
             ,
             body
             ,
             Lands
             ,
             and
             goods
             .
          
           
             The
             second
             reason
             principally
             moveth
             from
             the
             following
             particulars
             ;
             In
             the
             Kings
             Bench
             the
             Major-part
             of
             the
             Iudges
             denyed
             his
             Majesties
             writ
             of
             prohibition
             to
             the
             late
             Court
             called
             the
             high
             Commission
             ,
             in
             a
             cause
             meerely
             temporall
             .
             The
             foure
             Courts
             of
             Iustice
             durst
             not
             proceede
             in
             any
             cause
             depending
             before
             the
             chiefe
             Governor
             ,
             or
             at
             the
             Counsell-board
             upon
             paper
             petitions
             ,
             or
             rather
             voyde
             petitions
             ,
             these
             paper-petitions
             being
             the
             oblique
             lines
             aforesaid
             ,
             grave
             Iudges
             of
             the
             law
             were
             commonly
             assistants
             ,
             and
             more
             commonly
             referrees
             in
             the
             proceedings
             upon
             
             these
             paper-petitions
             ,
             in
             what
             causes
             ?
             in
             all
             causes
             proper
             for
             the
             Cognizance
             of
             the
             Common-law
             ,
             and
             determinable
             by
             writs
             of
             right
             ,
             and
             petitions
             of
             right
             ,
             and
             so
             to
             the
             most
             inferior
             action
             ,
             the
             like
             of
             the
             Courts
             of
             equitie
             ,
             whether
             this
             be
             lawfully
             to
             serve
             the
             King
             and
             his
             people
             ,
             or
             whether
             the
             King
             ,
             was
             at
             losse
             by
             the
             non-prosecuting
             of
             the
             causes
             aforesaid
             in
             their
             proper
             orbes
             ,
             by
             originall
             writs
             ,
             which
             might
             afford
             the
             King
             a
             lawfull
             revenue
             ,
             and
             likewise
             by
             the
             losse
             of
             fines
             ,
             and
             amerciaments
             ,
             naturall
             to
             actions
             at
             the
             Common-law
             ,
             or
             whether
             the
             losse
             aforesaid
             was
             made
             knowne
             to
             his
             Majestie
             ,
             or
             who
             consented
             to
             the
             Kings
             damage
             therein
             ,
             or
             whether
             this
             be
             a
             denyall
             of
             justice
             ?
             to
             deferre
             it
             upon
             paper
             Orders
             or
             Commaunds
             ,
             be
             conformable
             to
             that
             Oath
             ,
             I
             will
             pretermit
             ;
             yet
             your
             Lordships
             may
             even
             in
             this
             mist
             discerne
             a
             cleere
             ground
             for
             the
             second
             question
             .
          
           
             The
             motive
             which
             in
             part
             stirred
             the
             third
             ,
             
             and
             fourth
             questions
             ,
             was
             the
             infinity
             of
             Civill
             causes
             ,
             of
             all
             natures
             without
             exception
             of
             persons
             ,
             without
             limitation
             of
             time
             proceeded
             in
             ,
             ordered
             ,
             decreed
             ,
             and
             determined
             upon
             paper-petitions
             at
             Counsell-board
             ,
             &
             by
             the
             chiefe
             Governor
             alone
             ;
             The
             Commons
             of
             this
             kingdome
             observing
             the
             
             Iudges
             of
             the
             law
             who
             were
             Counsellors
             of
             estate
             ,
             to
             have
             agreed
             and
             signed
             unto
             such
             Orders
             ,
             the
             Iudges
             of
             the
             foure
             Courts
             ,
             and
             Iustices
             of
             Assize
             in
             all
             the
             partes
             of
             the
             kingdome
             to
             bee
             referrees
             upon
             such
             proceedings
             ,
             wherby
             these
             new
             devises
             ,
             were
             become
             so
             notorious
             ,
             that
             as
             all
             men
             heavily
             groaned
             under
             them
             ,
             so
             no
             man
             could
             bee
             ignorant
             of
             them
             .
          
           
             By
             the
             colour
             of
             Proclamations
             more
             &
             more
             frequent
             ,
             
             and
             of
             the
             Orders
             ,
             and
             Acts
             of
             state
             at
             Counsell-board
             ,
             which
             were
             in
             a
             manner
             infinite
             ,
             and
             other
             proceedings
             mentioned
             in
             these
             questions
             ,
             these
             effects
             were
             produced
             ;
             First
             imprisonment
             ,
             close
             imprisonment
             ,
             of
             such
             numbers
             ,
             that
             a
             great
             defeate
             in
             a
             battle
             could
             hardly
             fill
             more
             gaoles
             and
             prisons
             ,
             then
             by
             these
             meanes
             were
             surcharged
             in
             
               Ireland
               ,
            
             Secondly
             by
             seizures
             made
             by
             crewes
             of
             Catchpoles
             and
             Caterpillers
             ,
             his
             Majesties
             Leige
             people
             lost
             their
             goods
             ,
             as
             if
             lost
             in
             a
             battaile
             ,
             nay
             worse
             without
             hope
             of
             ransome
             ;
             Thirdly
             possessions
             were
             altered
             ,
             and
             that
             so
             often
             ,
             and
             so
             many
             ,
             that
             more
             possessions
             were
             lost
             by
             these
             courses
             in
             a
             few
             yeares
             ,
             then
             in
             all
             the
             Courts
             of
             Iustice
             in
             
               Ireland
            
             in
             an
             age
             or
             two
             ;
             The
             fourth
             effect
             was
             this
             ,
             after
             liberty
             was
             taken
             away
             ,
             propertie
             altered
             ,
             and
             possession
             lost
             ,
             by
             the
             wayes
             
             aforesaid
             ,
             that
             was
             not
             sufficient
             ,
             the
             subject
             must
             be
             pillored
             ,
             papered
             ,
             stigmatized
             ,
             and
             the
             image
             of
             God
             so
             defaced
             with
             indignities
             ,
             that
             his
             life
             became
             a
             continuing
             death
             the
             worse
             of
             punishments
             ,
             in
             these
             feates
             were
             advising
             ,
             and
             concurring
             some
             grave
             and
             learned
             Iudges
             of
             the
             Land
             ,
             who
             were
             Counsellors
             of
             estate
             ,
             as
             by
             their
             signatures
             may
             appeare
             .
          
           
             The
             house
             of
             Commons
             finding
             as
             yet
             no
             warrant
             of
             president
             ,
             nor
             countenance
             of
             example
             in
             the
             law
             of
             
               England
               ,
            
             to
             beare
             up
             the
             courses
             aforesaid
             ,
             have
             drawne
             the
             said
             
               Questions
            
             from
             the
             effects
             aforesaid
             .
          
           
             
               My
               Lords
               ,
            
             
             the
             liberty
             ,
             estate
             in
             lands
             or
             goods
             ,
             the
             person
             of
             the
             subject
             ;
             nay
             his
             honor
             and
             spirit
             being
             invaded
             ,
             altered
             ,
             and
             debased
             in
             manner
             aforesaid
             ,
             there
             remayned
             yet
             one
             thing
             ,
             his
             Life
             :
             See
             how
             this
             is
             brought
             into
             play
             ,
             nothing
             must
             escape
             ,
             were
             not
             the
             Gates
             of
             
               Ianus
            
             shut
             up
             ,
             was
             not
             the
             Kings
             peace
             universall
             in
             his
             three
             kingdomes
             ,
             when
             a
             Peere
             of
             this
             Realme
             ,
             a
             Counsellor
             of
             the
             Kings
             ,
             a
             great
             Officer
             of
             state
             was
             sentenced
             to
             be
             shot
             to
             death
             in
             a
             Court
             Marshall
             ,
             what
             the
             cause
             was
             ,
             what
             defence
             was
             permitted
             ,
             what
             time
             given
             ,
             and
             what
             losse
             sustayned
             ?
             I
             submit
             to
             your
             Lordships
             ,
             as
             therein
             most
             neerely
             
             concerned
             ,
             were
             not
             others
             actually
             executed
             by
             Marshall
             law
             ,
             at
             such
             time
             as
             the
             Kings
             Iustice
             in
             his
             Courts
             of
             law
             ,
             was
             not
             to
             be
             avoyded
             by
             any
             person
             whatsoever
             .
             This
             was
             in
             part
             the
             ground
             of
             the
             eight
             question
             .
          
           
             This
             question
             is
             plaine
             ,
             
             a
             late
             introduced
             practise
             here
             ,
             contrary
             to
             former
             use
             ,
             and
             no
             appearing
             president
             to
             warrant
             such
             prosecution
             for
             a
             voluntary
             Oath
             ,
             and
             the
             great
             benefit
             ,
             and
             quiet
             accrewed
             to
             his
             Majesties
             people
             by
             arbiterments
             conceived
             by
             consent
             of
             parties
             ,
             hath
             in
             part
             occasioned
             this
             question
             .
          
           
             Heretofore
             this
             Confession
             was
             not
             required
             ,
             
             for
             the
             Iustnesse
             of
             the
             Iudgements
             was
             then
             able
             enough
             to
             beare
             them
             up
             ,
             and
             if
             the
             judgement
             in
             some
             Case
             had
             beene
             otherwise
             ,
             what
             force
             can
             the
             confession
             of
             a
             delinquent
             add
             to
             a
             Iudiciall
             act
             ,
             
             this
             is
             part
             of
             the
             reason
             for
             this
             question
             .
          
           
             A
             complaint
             exhibited
             in
             the
             house
             of
             Commons
             touching
             the
             denyall
             of
             the
             Copy
             of
             a
             Record
             ,
             which
             the
             complaynant
             undertooke
             to
             Iustifie
             ,
             in
             part
             raised
             this
             question
             .
          
           
             In
             
               King
               Iames
            
             his
             time
             ,
             
             by
             an
             order
             conceived
             in
             the
             Court
             of
             Exchequer
             upon
             great
             debate
             ,
             and
             warranted
             by
             ancient
             presidents
             the
             respite
             of
             homage
             was
             reduced
             to
             a
             certaintie
             ,
             
               viz.
            
             two
             shillings
             
             sixe
             pence
             sterling
             ▪
             For
             a
             Mannor
             yearly
             ,
             and
             so
             for
             Townes
             ,
             and
             other
             portions
             of
             Land
             ,
             this
             course
             was
             alwayes
             held
             untill
             now
             of
             late
             the
             respite
             is
             arbitrarily
             raysed
             as
             appeares
             by
             the
             second
             remembrances
             certificate
             ,
             
               viz.
            
             I
             finde
             that
             anciently
             before
             the
             beginning
             of
             
               King
               Iames
            
             his
             raigne
             ,
             
             every
             Mannor
             payed
             three
             shillings
             foure
             pence
             
               Irish
               per
               annum
               ,
            
             &
             every
             Towne-land
             ,
             twentie
             pence
             
               Irish
               per
               ànnum
               ,
            
             as
             a
             fine
             for
             respite
             of
             homage
             ,
             
             but
             cannot
             finde
             any
             order
             or
             warrant
             for
             it
             ,
             untill
             the
             fifth
             yeare
             of
             the
             said
             Kings
             raigne
             ,
             and
             there
             ,
             in
             
               Easter
               Terme
            
             1607.
             
             I
             finde
             an
             order
             entred
             directing
             what
             homage
             every
             man
             should
             pay
             a
             Copy
             whereof
             you
             have
             already
             from
             mee
             ,
             the
             preamble
             of
             which
             orders
             sheweth
             that
             ,
             that
             matter
             had
             beene
             long
             depending
             in
             the
             Court
             undecided
             ,
             which
             induceth
             me
             ,
             to
             beleeve
             that
             there
             was
             no
             former
             president
             or
             order
             in
             it
             .
             About
             three
             yeares
             after
             ,
             the
             freeholders
             of
             the
             Countie
             of
             
               Antrim
            
             as
             it
             should
             seeme
             ,
             finding
             this
             rate
             to
             be
             too
             heavy
             for
             them
             ,
             they
             petitioned
             to
             the
             Lord
             
               Chichester
            
             then
             Lord
             Deputy
             for
             reliefe
             therein
             ,
             &
             I
             finde
             his
             Lordships
             opinion
             to
             the
             Court
             thus
             Recorded
             .
          
           
             
               
                 
                   
                     I
                     know
                     much
                     of
                     the
                     petitioners
                     .
                     Lands
                     is
                     waste
                     ,
                     and
                     no
                     part
                     of
                     it
                     improved
                     by
                     any
                     manner
                     of
                     husbandrie
                     ,
                     
                     other
                     then
                     in
                     grazing
                     of
                     Cattle
                     ,
                     and
                     in
                     sowing
                     of
                     little
                     Oates
                     .
                     And
                     the
                     proprietors
                     of
                     the
                     Land
                     ,
                     to
                     be
                     for
                     the
                     most
                     part
                     very
                     poore
                     ,
                     and
                     needie
                     ,
                     and
                     the
                     two
                     Children
                     of
                     
                       Neale
                       mac
                       Hugh
                    
                     to
                     be
                     yet
                     under
                     age
                     ;
                     Wherefore
                     I
                     thinke
                     it
                     fit
                     that
                     the
                     Court
                     of
                     Exchequer
                     should
                     consider
                     thereof
                     ,
                     and
                     rate
                     the
                     respite
                     of
                     homage
                     accordingly
                     for
                     a
                     time
                     ,
                     untill
                     the
                     Countie
                     be
                     better
                     inhabited
                     ,
                     and
                     these
                     men
                     made
                     to
                     understand
                     that
                     it
                     is
                     not
                     an
                     imposition
                     ,
                     but
                     a
                     lawfull
                     duty
                     and
                     payment
                     due
                     to
                     his
                     Majestie
                     .
                     This
                     is
                     my
                     advise
                     and
                     opinion
                     for
                     the
                     present
                     ,
                     xxx
                     .
                     
                       die
                       April
                       .
                    
                     1610.
                     
                  
                   
                     
                       Arthur
                       Chichester
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                     Vpon
                     this
                     the
                     said
                     Freeholders
                     were
                     admitted
                     to
                     pay
                     but
                     foure
                     pence
                     
                       Irish
                    
                     every
                     
                       Twogh
                    
                     of
                     
                       Land
                       ,
                    
                     it
                     consisting
                     of
                     sixteene
                     Towne-lands
                     ,
                     and
                     according
                     to
                     this
                     rate
                     they
                     still
                     payed
                     untill
                     the
                     yeare
                     1630.
                     and
                     then
                     the
                     Court
                     taking
                     notice
                     of
                     the
                     unequalitie
                     of
                     it
                     ,
                     made
                     this
                     order
                     ,
                     5.
                     
                     
                       Febr.
                    
                     1630.
                     
                  
                   
                     After
                     this
                     I
                     finde
                     that
                     all
                     his
                     Majesties
                     Tenants
                     did
                     conforme
                     themselves
                     to
                     the
                     said
                     order
                     of
                     1607.
                     untill
                     
                       Easter
                       Terme
                    
                     1637.
                     in
                     which
                     Terme
                     this
                     ensuing
                     order
                     was
                     made
                     which
                     is
                     the
                     last
                     that
                     I
                     can
                     finde
                     Recorded
                     in
                     my
                     Office
                     .
                  
                   
                     
                       Henry
                       VVarren
                       .
                    
                  
                
              
            
          
           
             
               
                 
                   
                   
                     I
                     finde
                     by
                     the
                     payments
                     made
                     in
                     the
                     late
                     
                       Queen
                       Elizabeths
                    
                     time
                     that
                     the
                     rates
                     of
                     homage
                     payed
                     was
                     according
                     to
                     the
                     said
                     order
                     of
                     1607.
                     
                  
                   
                     
                       Henr.
                       VVarren
                       .
                    
                  
                
              
            
          
           
             Divers
             were
             actually
             imprisoned
             and
             long
             kept
             in
             close
             restraint
             ,
             
             for
             none
             other
             cause
             then
             in
             dutifull
             manner
             &
             be
             seeming
             termes
             to
             have
             made
             knowne
             their
             particular
             complaints
             to
             his
             sacred
             Majesty
             imprisonment
             of
             this
             kind
             was
             frequent
             ,
             therefore
             it
             is
             not
             improper
             to
             demaund
             by
             what
             law
             it
             was
             done
             .
          
           
             Many
             have
             lost
             great
             estates
             and
             possessions
             by
             Orders
             of
             the
             Counsel-bord
             ,
             
             although
             the
             Deanes
             elected
             ,
             or
             actuall
             Deanes
             confirmed
             their
             estates
             ,
             if
             no
             donation
             from
             the
             Crown
             were
             found
             upon
             Record
             to
             the
             confirming
             Deane
             ,
             and
             this
             after
             that
             by
             verdict
             at
             the
             Common-law
             the
             Deanrie
             was
             found
             to
             be
             Elective
             ,
             this
             
               Question
            
             therefore
             is
             not
             improper
             .
          
           
             After
             such
             time
             as
             this
             Parliament
             was
             agreed
             upon
             at
             Counsell-board
             to
             bee
             summoned
             ;
             
             some
             persons
             having
             prepared
             bloudy
             and
             destroying
             Bils
             to
             be
             past
             as
             lawes
             ,
             and
             intending
             to
             defeate
             by
             act
             of
             Parliament
             very
             many
             of
             his
             Majesties
             faithfull
             subjects
             of
             this
             kingdome
             of
             their
             estates
             
             and
             liberties
             ,
             and
             having
             obtayned
             some
             undue
             elections
             by
             threates
             or
             intreaties
             ,
             &
             mistrusting
             that
             all
             should
             run
             cleere
             before
             them
             ,
             have
             caused
             twenty
             foure
             Corporations
             to
             bee
             seized
             ,
             upon
             the
             returne
             of
             the
             first
             summons
             in
             severall
             
               Quowarrantees
            
             procured
             by
             
               Sir
               Richard
               Osbalston
            
             late
             Atturney
             generall
             to
             shew
             cause
             why
             they
             sent
             Burgesses
             to
             the
             Parliament
             ,
             the
             said
             Corporations
             having
             formerly
             sent
             Burgesses
             to
             the
             Parliament
             ,
             even
             to
             the
             last
             Parliament
             ,
             by
             meanes
             whereof
             the
             said
             Corporations
             sent
             no
             Burgesses
             in
             the
             beginning
             of
             this
             Parliament
             ,
             from
             this
             act
             being
             done
             in
             a
             legall
             Court
             against
             the
             high
             Court
             of
             Parliament
             sprung
             this
             question
             ,
             which
             
               My
               Lords
            
             is
             of
             consequence
             ,
             if
             Parliaments
             be
             so
             as
             without
             question
             they
             are
             .
          
           
             The
             faith
             which
             the
             Common-law
             giveth
             to
             verdicts
             ,
             
             the
             Iurors
             being
             Iudges
             of
             the
             fact
             ,
             
             the
             late
             usage
             of
             that
             great
             Court
             growing
             to
             the
             punishment
             of
             Iurors
             ,
             
             and
             others
             in
             greater
             numbers
             by
             heavier
             fines
             ,
             and
             more
             shamefull
             punishments
             without
             respect
             to
             estate
             ,
             age
             ,
             sex
             or
             qualitie
             then
             was
             or
             can
             be
             observed
             in
             all
             precedent
             times
             ,
             and
             the
             just
             sense
             thereof
             ,
             moved
             the
             house
             of
             Commons
             to
             propound
             these
             questions
             .
          
           
             
               My
               Lords
               ,
            
             
             a
             poore
             fellow
             stole
             or
             was
             accused
             to
             
             have
             stolne
             a
             Sheepe
             ,
             feare
             ,
             or
             guilt
             ,
             or
             both
             brought
             him
             to
             the
             mountaynes
             ,
             another
             relieved
             him
             ,
             the
             reliever
             was
             executed
             as
             a
             Traytor
             ,
             and
             after
             the
             principall
             submits
             to
             tryall
             and
             judgment
             ,
             and
             was
             acquited
             ,
             this
             example
             
               My
               Lords
            
             I
             hope
             may
             warrant
             the
             question
             .
          
           
             The
             testimony
             of
             such
             infamous
             persons
             ,
             
             have
             brought
             men
             of
             qualitie
             to
             their
             tryall
             ,
             for
             their
             lives
             and
             being
             acquited
             the
             Iurors
             being
             of
             very
             good
             ranke
             ,
             were
             heavily
             censured
             in
             the
             
               Castle-chamber
               ,
            
             aswell
             by
             fines
             surmounting
             their
             abilities
             ,
             as
             by
             most
             reprochfull
             punishments
             ,
             upon
             these
             acts
             ,
             the
             question
             is
             grounded
             .
          
           
             There
             being
             no
             warrant
             in
             the
             Printed
             law
             ,
             
             or
             otherwise
             for
             ought
             yet
             appearing
             for
             to
             make
             this
             
               a
               Tenure
               in
               Capite
               ,
            
             the
             constant
             course
             of
             the
             Court
             of
             
               wards
            
             taking
             it
             to
             be
             no
             
               Tenure
               in
               capite
               ,
            
             since
             the
             erection
             of
             that
             Court
             untill
             
               Trinitie
               terme
            
             1639.
             it
             was
             then
             and
             not
             before
             certified
             
               a
               tenure
               in
               capite
            
             by
             the
             then
             Atturney
             of
             that
             Court
             ,
             who
             said
             that
             the
             Iudges
             concurred
             with
             him
             in
             that
             opinion
             ,
             by
             which
             meanes
             Counsell
             did
             not
             then
             argue
             ,
             and
             the
             next
             terme
             after
             were
             denyed
             to
             be
             heard
             ,
             
               ne
               aliquid
               contra
               responsum
               prudentum
            
             this
             being
             done
             in
             the
             Court
             of
             
               wards
               ,
            
             the
             question
             did
             spring
             from
             thence
             .
          
           
           
             The
             two
             and
             twentieth
             question
             was
             not
             yet
             agitated
             in
             the
             house
             of
             Commons
             nor
             brought
             thither
             ,
             therefore
             
               My
               Lords
            
             that
             may
             be
             deferred
             to
             a
             further
             conference
             ;
             By
             this
             which
             I
             have
             opened
             being
             the
             smaller
             part
             of
             those
             weighty
             reasons
             delivered
             unto
             mee
             by
             the
             house
             of
             Commons
             ,
             yet
             the
             best
             I
             can
             for
             the
             present
             remember
             ,
             I
             hope
             your
             
               Lordships
            
             are
             satisfied
             that
             those
             questions
             were
             not
             intrapping
             ,
             fayned
             ,
             or
             circumventing
             ,
             or
             phantazies
             ,
             as
             formerly
             I
             touched
             .
          
           
             In
             the
             next
             place
             I
             will
             labour
             to
             give
             your
             Lordships
             a
             more
             cleere
             satisfaction
             ,
             that
             those
             questions
             grounded
             upon
             sufficient
             and
             apparant
             reasons
             ,
             and
             causes
             doe
             deserve
             cleare
             and
             satisfactorie
             answers
             ,
             and
             to
             remove
             all
             doubts
             ,
             The
             questions
             I
             will
             no
             more
             call
             
               Questions
               ,
            
             I
             will
             humbly
             style
             them
             
               Causes
               of
               weight
            
             and
             
               Consequence
               ,
            
             wherein
             the
             Lords
             and
             Commons
             of
             this
             Realme
             on
             the
             behalfe
             of
             themselves
             and
             their
             posteritie
             in
             after
             times
             ,
             are
             
               Plaintifes
               ,
            
             and
             only
             
               delinquents
            
             of
             an
             high
             nature
             are
             
               defendants
               ,
            
             in
             this
             high
             Court
             of
             Parliament
             .
             
             It
             is
             not
             unworthy
             your
             Lordships
             consideration
             ;
             to
             whom
             the
             questions
             were
             put
             ,
             I
             answer
             unto
             the
             
               Iudges
            
             of
             the
             Land
             ,
             who
             are
             ,
             and
             sure
             I
             am
             ought
             to
             be
             first
             
               etate
               graves
               ,
            
             secondly
             ,
             
               eruditione
               
               praestantes
               ,
            
             thirdly
             ,
             
               usu
               rerum
               prudentes
               ,
            
             fourthly
             ,
             
               publica
               authoritate
               constituti
               .
            
          
           
             The
             persons
             unto
             whom
             being
             thus
             qualified
             ,
             the
             place
             where
             ,
             is
             most
             considerable
             ,
             it
             is
             the
             high
             Court
             of
             Parliament
             ,
             the
             Iudges
             are
             called
             thither
             (
             
               Circa
               ardua
               &
               urgentia
               negotia
               regni
            
             )
             of
             the
             whole
             kingdome
             what
             to
             doe
             (
             
               Quod
               personaliter
               intersint
               ,
            
             
             
               cum
               Rege
               ac
               cum
               caeteris
               de
               consilio
               suo
               super
               dictis
               negotijs
               tractaturi
               consiliumque
               impensuri
               .
            
             )
             Therefore
             they
             are
             not
             called
             thither
             to
             bee
             ciphers
             in
             augurisme
             ,
             or
             tell
             clockes
             ,
             no
             ,
             those
             great
             causes
             are
             mentioned
             in
             their
             writ
             ,
             and
             upon
             that
             great
             Oath
             ,
             they
             are
             to
             give
             faithfull
             counsell
             and
             make
             direct
             answers
             to
             your
             Lordships
             in
             all
             things
             wherein
             (
             
               ardua
               &
               urgentia
               regni
            
             )
             are
             concerned
             ,
             and
             whether
             ?
             that
             concernment
             doe
             comprehend
             the
             matters
             aforesaid
             .
             I
             doe
             humbly
             offer
             to
             your
             Lordships
             great
             consideration
             most
             of
             the
             matters
             included
             in
             those
             questions
             are
             solemnely
             voted
             in
             both
             houses
             as
             grievances
             ,
             as
             may
             appeare
             by
             the
             petition
             of
             Remonstrance
             ,
             the
             Iudges
             could
             not
             be
             ignorant
             of
             this
             ,
             and
             do
             take
             notice
             of
             the
             same
             in
             their
             preamble
             .
          
           
             
               My
               Lords
               ,
            
             In
             the
             third
             place
             no
             man
             is
             more
             unwilling
             to
             discover
             the
             nakednesse
             of
             my
             Fathers
             ,
             if
             any
             be
             ,
             then
             I
             am
             ,
             yet
             the
             question
             being
             
             not
             whether
             the
             Arke
             should
             be
             rescued
             from
             the
             
               Philistines
               ,
            
             but
             whether
             it
             should
             be
             preserved
             against
             the
             negligence
             of
             some
             
               Ophni
            
             and
             
               Phines
            
             in
             their
             hands
             that
             have
             the
             custodie
             of
             it
             ,
             Therefore
             I
             must
             obey
             ,
             and
             as
             I
             am
             Commanded
             I
             will
             offer
             unto
             your
             Lordships
             ,
             how
             the
             preamble
             and
             answers
             of
             the
             Iudges
             might
             bee
             sufficient
             ,
             and
             wherein
             they
             are
             both
             defective
             and
             dangerous
             .
          
           
             The
             Iudges
             in
             the
             first
             reason
             of
             their
             preamble
             ,
             insist
             much
             upon
             the
             want
             of
             president
             in
             this
             kinde
             ,
             onely
             one
             president
             in
             the
             raigne
             of
             King
             
               Richard
            
             the
             
               seconds
            
             time
             ,
             which
             they
             pray
             may
             not
             be
             drawne
             into
             example
             .
          
           
             
               My
               Lords
               ,
            
             
             This
             reason
             requires
             a
             more
             cleere
             explanation
             which
             wee
             hope
             shall
             be
             demaunded
             in
             due
             time
             .
             It
             urgeth
             us
             to
             this
             just
             protestation
             ,
             that
             before
             the
             best
             flower
             in
             his
             Majesties
             Royall
             garland
             should
             wither
             ,
             wee
             shall
             be
             ready
             to
             water
             the
             same
             with
             showers
             of
             our
             bloud
             ,
             even
             to
             the
             last
             drop
             in
             his
             Majesties
             service
             ,
             and
             with
             our
             lives
             and
             substance
             will
             mantayne
             the
             just
             prerogative
             of
             our
             gracious
             Lord
             King
             
               Charles
            
             and
             his
             posteritie
             ,
             whom
             wee
             pray
             God
             to
             flourish
             on
             earth
             over
             us
             and
             ours
             ,
             untill
             all
             flesh
             bee
             convoked
             before
             the
             last
             great
             Tribunall
             ;
             Yet
             
               My
               Lords
            
             
             that
             president
             might
             be
             spared
             by
             the
             Iudges
             ,
             of
             this
             no
             more
             for
             the
             present
             ,
             I
             will
             not
             exasperate
             ,
             had
             they
             pleased
             ,
             more
             naturall
             presidents
             might
             be
             stood
             upon
             ,
             and
             easily
             found
             ,
             and
             even
             in
             that
             ill
             remembred
             president
             ;
             if
             the
             Iudges
             in
             
               Richard
            
             the
             
               seconds
            
             time
             had
             made
             direct
             and
             lawfull
             answers
             ,
             they
             had
             escaped
             punishment
             and
             prevented
             many
             inconveniences
             which
             ensued
             .
          
           
             My
             Lords
             ,
             
               if
               presidents
               be
               necessarie
               ,
               of
               many
               I
               will
               enumerate
               a
               few
               ,
            
             Deutronomy
             cap.
             17
             vers.
             8.
             
             Si
             difficile
             &
             ambiguum
             ,
             &c.
             
               Almightie
               God
               directs
               us
               the
               way
               to
               truth
               ,
            
             Deutronom
             .
             cap.
             32.
             vers.
             7.
             
             Interroga
             patrem
             tuum
             ,
             &c.
             
               The
            
             Romanes
             
               sent
               to
            
             Greece
             
               for
               a
               declaration
               of
               their
               lawes
               ,
               in
               causes
               like
               to
               happen
               ,
            
             Tit.
             Liv.
             decad.
             3.
             fol.
             45.
             g.
             Lancelotus
             de
             Ecclesiasticis
             Constitutionibus
             tit.
             3.
             
             Canonum
             alij
             sunt
             decreta
             Concjliorum
             ,
             alij
             statut
             '
             îalij
             dicta
             sanctorum
             ,
             Rottoman
             de
             Iure
             Civili
             tit.
             4.
             
             Praetorum
             dicta
             &
             responsa
             prudentum
             ,
             
               which
               cannot
               bee
               without
               questions
               ,
               venerable
            
             Bede
             lib.
             1.
             cap.
             27.
             
             S.
             Augustine
             
               demaunded
               generall
               questions
               ;
            
             M.
             Sleiden
             super
             Eadmerum
             ,
             fol.
             171.
             
             VVilliam
             
               the
            
             Conqueror
             
               did
               call
               to
               the
               Iudges
               ,
               to
               declare
               and
               compile
            
             Edgars
             
               lawes
               ,
               and
            
             S.
             Edwards
             
               lawes
               ,
               which
               were
               buried
               ,
               and
               forgotten
               ,
               by
               the
               interruption
               of
               the
            
             Danish
             
               governement
               .
            
          
           
           
             In
             the
             time
             of
             King
             
               Henr.
            
             3.
             certaine
             knights
             of
             
               Ireland
               ,
            
             
             desired
             resolutions
             in
             
               England
            
             concerning
             
               Coparcenerie
            
             and
             received
             resolutions
             according
             to
             the
             lawes
             of
             
               England
               ,
            
             and
             this
             in
             Parliament
             ,
             as
             appeares
             in
             the
             statute
             called
             
               statut
               .
               de
               Hiber
               .
               14.
               
               Henr.
            
             3.
             in
             the
             printed
             Booke
             .
          
           
             Ordinationes
             factae
             de
             statut
             '
             terr'
             Hiberniae
             
               at
               large
               in
               the
            
             Roll
             
               of
            
             7.
             Edw.
             2.
             
             parte
             prima
             ,
             memb.
             3.
             
             &
             18.
             
             Rot
             '
             Claus.
             anno
             2.
             Edw.
             3.
             membr.
             17.
             
             Rex
             concedit
             quod
             ad
             primum
             Parliamentum
             omnes
             Hiberni
             qui
             volue●int
             legibus
             utantur
             Angliae
             sine
             Cartis
             inde
             fiendis
             .
             Rot.
             Claus.
             anno
             5.
             Edw.
             3.
             parte
             prima
             membr.
             25.
             
             
               The
               same
               law
               in
               Case
               of
            
             wardships
             .
          
           
             Ordinationes
             pro
             Regimine
             Hiberniae
             5.
             Edw.
             3.
             
             Pat
             '
             membr.
             25.
             
             &
             35.
             Edw.
             3.
             parte
             prima
             ,
             memb
             9.
             
               which
            
             Consilium
             
               ought
               to
               bee
               understood
               of
               the
               Parliament
               as
               hereafter
               I
               will
               declare
               .
            
          
           
             Ordinatio
             facta
             de
             ministris
             Regis
             in
             Hibernia
             Claus.
             18.
             Edw.
             3.
             parte
             secunda
             memb.
             9.
             
             &
             17.
             &
             ann.
             20
             Edw.
             3.
             parte
             prima
             in
             dorso
             ,
             &
             anno
             25.
             
             Edward
             .
             3.
             membr.
             30.
             
          
           
             
               My
               Lords
               ,
            
             I
             have
             not
             yet
             learned
             how
             
               Sillogismes
            
             can
             be
             made
             ,
             or
             answers
             
               Cathegoricall
               ,
            
             without
             propositions
             .
             I
             am
             as
             ignorant
             after
             what
             manner
             Ordinances
             or
             reformation
             could
             bee
             made
             without
             questions
             or
             propositions
             .
          
           
           
             It
             may
             be
             objected
             that
             the
             word
             
               Quere
            
             or
             
               Question
            
             is
             new
             ,
             that
             word
             was
             nothing
             strange
             in
             
               Edward
            
             the
             
               thirds
            
             time
             ,
             
               Rot.
               Parliament
               ,
               21.
               Edw.
               3.
               num
               .
            
             41.
             
          
           
             The
             Commons
             in
             Parliament
             prayed
             that
             it
             may
             be
             inquired
             how
             ,
             
             it
             comes
             to
             passe
             that
             the
             King
             hath
             no
             benefit
             of
             his
             land
             of
             
               Ireland
               ,
            
             considering
             hee
             had
             more
             there
             then
             any
             of
             his
             ancestors
             ,
             may
             it
             not
             be
             as
             lawfull
             to
             inquire
             in
             this
             Parliament
             ,
             wherefore
             the
             King
             is
             in
             debt
             ,
             and
             yet
             his
             people
             here
             gave
             him
             more
             supplies
             then
             to
             any
             of
             his
             ancestors
             ,
             or
             wherefore
             his
             lawes
             are
             not
             observed
             ,
             I
             find
             no
             difference
             .
          
           
             In
             the
             printed
             yeare
             Booke
             2.
             
               Rich.
               3.
               fol.
            
             9.
             the
             King
             propounded
             severall
             questions
             to
             the
             Iudges
             in
             the
             
               Star-chamber
            
             in
             Cases
             not
             then
             depending
             .
          
           
             Their
             second
             reason
             ,
             
             is
             fully
             answered
             to
             the
             first
             ,
             and
             for
             more
             cleare
             satisfaction
             ,
             the
             words
             of
             the
             writ
             ,
             which
             bring
             them
             hither
             ,
             are
             
               viz.
            
             to
             give
             Counsell
             
               circa
               ardua
               &
               urgentia
               negotia
               regni
               ,
            
             the
             matters
             now
             in
             agitation
             are
             
               maxime
               ardua
               ,
               maxime
               urgentia
               .
            
          
           
             The
             yeare
             bookes
             of
             law
             doe
             prove
             
               Provisiones
               &
               Ordinationes
               ,
            
             and
             no
             cause
             is
             said
             to
             bee
             depending
             
               f.
               N.
               B.
               32.
               d.
               39.
               Edw.
               3.
               7.
               b.
               Thorp
               .
            
             The
             
             Lords
             being
             assembled
             can
             make
             Ordinances
             as
             strong
             as
             a
             statute
             ,
             by
             the
             opinion
             of
             that
             Iudge
             such
             Ordinances
             cannot
             be
             avoyded
             ,
             but
             in
             Parliament
             ,
             an
             act
             or
             statute
             may
             bee
             avoyded
             or
             repealed
             in
             
               Parliament
               .
            
          
           
             Where
             they
             say
             that
             the
             
               Questions
            
             though
             in
             number
             but
             
               twenty
               two
               ,
            
             
             yet
             they
             include
             
               fifty
               two
            
             questions
             ,
             that
             all
             the
             affaires
             of
             Church
             &
             Common-wealth
             may
             bee
             included
             in
             the
             resolution
             thereof
             ,
             and
             that
             they
             will
             not
             bee
             concluded
             by
             their
             answers
             to
             the
             same
             .
          
           
             
               My
               Lords
               ,
            
             the
             house
             of
             Commons
             made
             the
             questions
             so
             many
             as
             they
             are
             for
             the
             more
             cleare
             explanation
             of
             their
             candid
             intentions
             ,
             and
             not
             for
             difficultie
             ,
             whereas
             they
             might
             reduce
             them
             to
             fewer
             ,
             but
             to
             the
             end
             the
             answers
             might
             be
             the
             more
             punctuall
             ,
             and
             satisfactorie
             unto
             positive
             points
             ,
             and
             knowne
             law
             ,
             and
             the
             custody
             of
             the
             law
             ,
             the
             great
             treasure
             of
             the
             Land
             ,
             being
             committed
             by
             his
             Sacred
             Majesty
             to
             their
             trust
             ,
             to
             the
             end
             they
             should
             declare
             how
             ?
             and
             after
             what
             manner
             ,
             they
             issued
             and
             dispensed
             that
             treasure
             ,
             and
             discharged
             that
             great
             trust
             ?
             and
             not
             to
             bee
             bound
             by
             their
             resolutions
             in
             Parliament
             ;
             For
             Iudges
             are
             and
             ought
             to
             bee
             bound
             by
             resolutions
             in
             Parliament
             ,
             and
             not
             Parliaments
             by
             them
             .
          
           
           
             To
             their
             fourth
             reason
             ,
             
             what
             succeeding
             ages
             will
             doe
             ,
             we
             do
             well
             hope
             ,
             they
             will
             not
             do
             amisse
             ,
             that
             no
             occasion
             shall
             bee
             administred
             hereafter
             which
             may
             inforce
             the
             house
             of
             Commons
             to
             propound
             the
             like
             questions
             .
          
           
             That
             by
             reason
             the
             Kings
             prerogative
             and
             the
             concernment
             of
             his
             other
             interests
             they
             cannot
             answer
             without
             his
             Majesties
             especiall
             direction
             ,
             
             considering
             the
             duties
             of
             their
             places
             and
             their
             Oathes
             .
          
           
             
               My
               Lords
               ,
            
             It
             is
             manifest
             that
             by
             their
             Oathes
             they
             are
             bound
             to
             interprete
             the
             lawes
             truely
             betweene
             the
             King
             and
             his
             people
             ,
             and
             betweene
             partie
             and
             partie
             ,
             and
             if
             in
             any
             Case
             granted
             ,
             it
             cannot
             be
             denyed
             when
             the
             Common-wealth
             desires
             a
             Declaration
             of
             the
             law
             in
             certaine
             points
             ,
             wherein
             they
             conceive
             their
             just
             liberties
             to
             have
             beene
             invaded
             ,
             least
             under
             colour
             of
             prerogative
             which
             the
             Parliament
             holds
             to
             be
             sacred
             ,
             some
             ministers
             may
             presume
             (
             as
             of
             late
             they
             have
             endevored
             )
             to
             destroy
             the
             peoples
             just
             liberties
             .
          
           
             In
             the
             ordinarie
             Courts
             of
             Iustice
             ,
             the
             Iudges
             upon
             Oath
             are
             bound
             to
             afford
             the
             subject
             Iustice
             against
             the
             King
             ,
             and
             all
             others
             ,
             and
             are
             appointed
             by
             his
             Majesty
             for
             that
             purpose
             ,
             all
             writs
             are
             in
             his
             Majesties
             name
             in
             the
             Kings
             bench
             ,
             the
             pleas
             
             are
             styled
             
               Coram
               Rege
               ,
            
             Letters-patents
             and
             writs
             originall
             are
             
               Teste
               me
               ipso
               ,
            
             the
             King
             is
             therefore
             present
             in
             Parliament
             ,
             being
             the
             highest
             tribunall
             ,
             where
             in
             truely
             he
             sits
             in
             the
             exaltation
             of
             Royaltie
             and
             greatnesse
             .
             Therefore
             the
             Commands
             of
             all
             his
             ordinary
             Courts
             are
             the
             commands
             of
             the
             King
             ,
             much
             more
             Commands
             in
             Parliament
             ,
             where
             his
             presence
             is
             more
             apparant
             and
             essentiall
             then
             in
             all
             other
             Courts
             of
             this
             kingdome
             .
          
           
             It
             appeares
             copiously
             by
             the
             great
             Charter
             ,
             and
             by
             constant
             practise
             of
             all
             Parliaments
             since
             that
             time
             ,
             that
             all
             Courts
             and
             Iudges
             were
             regulated
             by
             Parliaments
             ,
             as
             for
             the
             Kings
             prerogative
             ,
             or
             revenue
             ,
             the
             Iudges
             cannot
             bee
             ignorant
             ,
             but
             the
             Parliament
             is
             and
             ever
             hath
             beene
             the
             best
             mantayner
             of
             his
             just
             prerogatives
             ,
             the
             best
             overseer
             of
             his
             revenue
             ,
             which
             if
             it
             fall
             short
             ,
             they
             onely
             are
             able
             and
             willing
             to
             supply
             .
          
           
             It
             is
             true
             ,
             
             that
             the
             abuses
             of
             former
             times
             might
             be
             reformed
             for
             the
             future
             by
             Bils
             to
             bee
             past
             as
             statutes
             Yet
             that
             is
             away
             about
             ,
             and
             we
             may
             not
             loose
             the
             possession
             of
             our
             lawes
             ,
             and
             just
             liberties
             nor
             by
             new
             statutes
             admitt
             impunitie
             ,
             or
             give
             countenance
             to
             past
             offences
             ,
             statutes
             of
             this
             kind
             sufficient
             were
             already
             enacted
             and
             passed
             in
             former
             ages
             .
          
           
           
             The
             declaration
             of
             a
             knowne
             law
             ,
             
             and
             the
             manifestation
             of
             wholesome
             statutes
             already
             established
             well
             may
             helpe
             the
             Common-wealth
             ,
             for
             the
             present
             ,
             but
             cannot
             in
             any
             probabilitie
             fall
             out
             hereafter
             to
             be
             prejudiciall
             to
             the
             state
             or
             Commonwealth
             ,
             and
             there
             is
             no
             president
             or
             example
             of
             any
             such
             prejudice
             .
          
           
             It
             is
             confessed
             that
             most
             of
             the
             matters
             contayned
             in
             the
             Questions
             are
             alreadie
             voted
             for
             grievances
             in
             both
             houses
             ,
             
             and
             that
             very
             justly
             ,
             but
             how
             the
             law
             is
             therein
             ,
             remaynes
             yet
             to
             be
             declared
             ,
             as
             to
             this
             present
             Parliament
             ,
             which
             I
             hope
             in
             due
             time
             shall
             bee
             declared
             ,
             according
             to
             law
             and
             justice
             ,
             as
             in
             many
             Parliaments
             before
             the
             same
             or
             the
             like
             hath
             beene
             often
             done
             .
          
           
             Where
             they
             doe
             againe
             insist
             upon
             the
             want
             of
             president
             ,
             
             and
             withall
             that
             in
             the
             preamble
             to
             the
             Questions
             ,
             the
             protestation
             cleares
             the
             law
             .
          
           
             This
             word
             
               President
            
             strikes
             close
             unto
             us
             ,
             I
             have
             answered
             it
             before
             by
             presidents
             ,
             yet
             some
             more
             presidents
             I
             will
             offer
             as
             often
             as
             they
             speake
             the
             word
             president
             7.
             8.
             
             
               Elizabeth
               Dy.
               fol.
               241.
               b.
               placit.
            
             49.
             
             The
             Kings
             Atturney
             demanded
             the
             opinion
             of
             the
             Iudges
             ,
             9.
             
               Elizab.
               Dy.
               261.
               placit.
               28
               ,
               Casus
               Hiber
               .
            
             where
             the
             Iudges
             of
             
               England
            
             signed
             their
             opinions
             to
             questions
             propounded
             by
             the
             Iudges
             
             of
             
               Ireland
               ,
               11.
               Eliz.
               Dy.
               fol.
               282.
               b
               ,
               plac
               .
               26.
               
               Casus
               Hiber
               .
               19.
               
               &
               20.
               Elizab.
               Dy.
            
             360.
             
             The
             Case
             of
             arraignement
             of
             a
             Peere
             ,
             the
             like
             13.
             
             
               Càroli
            
             by
             all
             the
             Iudges
             of
             
               England
               ;
            
             the
             
               Earle
            
             of
             
               Ormonds
               Case
               ,
            
             and
             yet
             in
             none
             of
             these
             Cases
             the
             matter
             was
             depending
             before
             them
             .
          
           
             Notwithstanding
             the
             protestation
             may
             cleare
             the
             law
             ,
             yet
             in
             all
             precedent
             ages
             ,
             lawes
             cleare
             in
             themselves
             ,
             for
             their
             greater
             honor
             and
             countenance
             ,
             they
             have
             beene
             declared
             and
             enacted
             in
             Parliament
             .
          
           
             The
             Law
             declared
             by
             
               Magna
               Charta
            
             was
             cleare
             before
             ,
             yet
             it
             was
             enacted
             9.
             
             
               Henr.
            
             3.
             and
             in
             thirty
             Parliaments
             since
             
               Cooke
               8.
               19.
               b.
               
               Primes
               Case
            
             the
             statute
             of
             
               praerog
               .
               Regis
               .
            
             And
             the
             statute
             of
             25.
             
               Edw.
            
             3.
             of
             treasons
             ,
             is
             declarative
             and
             so
             are
             many
             other
             statutes
             .
             
             
               Adam
            
             eate
             the
             forbidden
             fruite
             ,
             
               Cain
            
             killed
             his
             brother
             ,
             God
             demaunded
             whether
             this
             was
             done
             ,
             yet
             he
             could
             not
             be
             ignorant
             of
             the
             fact
             .
             The
             first
             article
             in
             the
             
               Civill
            
             and
             
               Canon
               law
               Courts
               ,
            
             is
             ,
             whether
             there
             is
             such
             a
             law
             all
             this
             is
             done
             for
             illustrations
             sake
             .
          
           
             
               My
               Lords
               ,
            
             The
             ground
             of
             the
             
               Questions
               ,
            
             and
             the
             
               preamble
            
             to
             the
             
               writing
            
             styled
             an
             
               Answer
               ,
            
             kept
             me
             so
             long
             ,
             that
             I
             feare
             much
             to
             have
             trespassed
             upon
             your
             patience
             ;
             and
             yet
             the
             importance
             of
             the
             
             cause
             urgeth
             me
             to
             importune
             your
             Lordships
             favour
             a
             little
             further
             .
          
           
             This
             
               Question
            
             is
             short
             and
             yet
             comprehensive
             ,
             
             that
             we
             are
             a
             free
             people
             ,
             
             is
             confessed
             to
             my
             hands
             ,
             to
             that
             part
             of
             the
             answer
             I
             doe
             not
             except
             ,
             the
             second
             part
             of
             the
             Question
             is
             ,
             whether
             wee
             are
             to
             be
             governed
             by
             the
             lawes
             of
             
               England
            
             and
             statutes
             of
             force
             in
             
               Ireland
            
             onely
             .
             First
             though
             I
             need
             not
             prove
             it
             ,
             yet
             it
             is
             cleare
             we
             ought
             to
             bee
             so
             governed
             ,
             
               Matth.
               Paris
               .
               historia
               maiori
               fol
               ,
               121.
               
               Sir
               Iohn
               Davis
            
             discovery
             of
             
               Ireland
               fol.
               100.
               
               King
               Henry
            
             the
             
               second
            
             held
             a
             Parliament
             at
             
               Lismore
            
             in
             
               Ireland
               ,
            
             in
             which
             Parliament
             
               Leges
               &
               consuetudines
               Angliae
               fuerunt
               gratanter
               acceptae
            
             by
             the
             representative
             body
             of
             this
             whole
             Nation
             ,
             
               Magna
               Charta
            
             and
             other
             beneficiall
             statutes
             of
             
               England
               ,
            
             are
             here
             in
             the
             red
             Booke
             of
             the
             Exchequer
             in
             ,
             and
             since
             
               King
               Iohns
            
             time
             ,
             and
             so
             is
             
               Gervasius
               Tilberiensis
            
             of
             the
             Course
             and
             Officers
             of
             the
             Exchequer
             ,
             in
             the
             
               white
               booke
            
             of
             the
             Exchequer
             of
             
               Ireland
               ,
               leges
               &
               consuetudines
               Angliae
            
             received
             in
             
               Ireland
            
             by
             Parliament
             &
             otherwise
             this
             appeares
             ,
             
             9.
             
             
               Iohn
               .
               pat
               membr.
               2.
               1.
               Henr.
               3.
               pat
               .
               memb.
               13.
               10.
               
               Hen.
               3.
               pat
               .
               membr.
               4.
               12.
               
               Henr.
               3.
               claus.
               membr.
            
             8.
             by
             which
             words
             ,
             and
             by
             the
             constant
             practise
             of
             all
             ages
             since
             ,
             this
             kingdome
             was
             governed
             ,
             and
             ought
             to
             be
             so
             by
             the
             law
             of
             
               England
               ,
            
             as
             
             the
             law
             of
             the
             land
             ,
             which
             law
             as
             it
             was
             alwayes
             here
             received
             ,
             consists
             of
             three
             parts
             .
             First
             ,
             the
             Common-law
             .
             Secondly
             ,
             the
             generall
             customes
             of
             
               England
               .
            
             Thirdly
             ,
             statutes
             here
             received
             .
             The
             Common-law
             that
             is
             cleared
             already
             ,
             Customes
             as
             
               Tenant
            
             by
             the
             
               Curtesie
               .
            
             Inne-keepers
             to
             be
             responsible
             for
             things
             within
             their
             houses
             ,
             or
             the
             like
             when
             we
             speake
             of
             a
             Custome
             in
             the
             law
             ,
             it
             must
             be
             intended
             a
             generall
             Custome
             over
             the
             Realme
             ,
             and
             no
             particular
             Custome
             .
             And
             this
             appeares
             by
             the
             yeare
             bookes
             of
             37.
             
             
               Henr.
               6.
               fol.
               5.
               21.
               
               Henr.
            
             7.
             17.
             18.
             
             Particular
             customes
             ,
             as
             
               Gavelki●d
               ,
               Boreugh
               ,
               English-tenant
               right
               ,
            
             or
             the
             like
             are
             not
             to
             be
             intended
             when
             wee
             speake
             generally
             of
             
               Custome
               ,
            
             and
             these
             Customes
             are
             warranted
             by
             the
             Common-law
             of
             
               England
               ,
            
             being
             not
             contrary
             to
             the
             same
             ,
             but
             
               praeter
               legem
               ,
            
             so
             there
             may
             bee
             and
             are
             particular
             customes
             here
             
               praeter
               legem
               ,
            
             and
             yet
             not
             contrary
             to
             law
             ,
             as
             in
             many
             Corporations
             and
             Countries
             ,
             so
             the
             wives
             third
             of
             goods
             is
             good
             in
             
               England
               ,
            
             by
             the
             custome
             of
             many
             counties
             and
             places
             ,
             
               F.
               N.
               B.
               122.
               7.
               
               Edward
               .
               4.
               21.
               40.
               Edw.
               3.
               38.
               17.
               Edw
               2.
               f.
               detinue
            
             58.
             
             Therefore
             it
             is
             not
             contrary
             to
             law
             ,
             that
             such
             a
             custome
             is
             here
             ,
             over
             all
             the
             kingdome
             ,
             And
             yet
             if
             any
             man
             aske
             the
             question
             ;
             by
             what
             law
             wee
             are
             governed
             ,
             there
             is
             no
             proper
             
             answer
             ,
             
             other
             then
             by
             the
             law
             of
             
               England
               .
            
             And
             for
             the
             statutes
             of
             
               England
            
             generall
             statutes
             were
             received
             in
             this
             kingdome
             ,
             some
             at
             one
             time
             ,
             some
             at
             another
             ,
             and
             all
             generall
             statutes
             by
             
               Poynings
            
             Act
             ,
             
               anno
               10.
               
               Henr.
            
             7.
             but
             no
             other
             statute
             ,
             or
             new
             introducting
             law
             ,
             untill
             the
             same
             be
             first
             received
             and
             enacted
             in
             Parliament
             in
             this
             kingdome
             ,
             and
             this
             may
             appeare
             by
             two
             declarative
             statutes
             the
             one
             10.
             
             
               Henr.
            
             4.
             the
             other
             29.
             of
             
               Henr.
            
             6.
             
          
           
             The
             law
             of
             
               England
            
             as
             it
             is
             the
             best
             humane
             law
             ,
             so
             it
             is
             a
             noble
             and
             sociable
             law
             ,
             and
             for
             the
             more
             cleere
             discerning
             of
             the
             truth
             and
             equall
             administration
             of
             Iustice
             it
             referres
             many
             causes
             to
             their
             genuyn
             and
             naturall
             proceedings
             as
             
               Maritime
               causes
            
             to
             the
             
               Court
               of
               Admiralty
               ,
               Co.
               Institutes
               260.
               361.
               
               Stamford
               .
               57.
               b.
               Co.
               5.
               106.
               107
               ,
               Constables
               Case
               ,
            
             and
             there
             the
             proceeding
             is
             by
             the
             
               Civill
               law
               ,
               Co
               8
               47.
               b.
               
            
             Matters
             beyond
             the
             Seas
             are
             determined
             in
             the
             Court
             of
             
               constable
            
             and
             
               Marshall
               ;
               Cookes
               institutes
               391.
               b.
            
             matters
             of
             
               Latin
            
             the
             law
             referres
             to
             
               Grammarians
               ,
               Com.
               fol.
            
             122.
             matters
             meerely
             
               Ecclesiasticall
            
             to
             bee
             tryed
             and
             determined
             in
             the
             proper
             Courts
             
               Coke
               7.
               43
               b
               8.
               
               Co.
               68.
               5.
               
               Co.
               57.
               1.
               R.
            
             3.
             4.
             matters
             of
             
               merchandize
            
             to
             
               Marchants
               ,
               34.
               
               Henr.
               8.
               
               Dy
               ,
               52
               &
            
             54.
             
             Many
             other
             cases
             upon
             this
             learning
             are
             to
             be
             found
             ;
             
               Co.
               9.
               fol.
               30.
               31.
               32.
               
               Strat.
               Marclads
               case
               ,
            
             
             Yet
             in
             all
             these
             and
             the
             like
             Cases
             the
             tryall
             and
             determination
             thereof
             ,
             are
             bounded
             and
             controuled
             by
             the
             rules
             of
             the
             Common-law
             ,
             they
             are
             as
             Rivers
             which
             are
             necessary
             to
             run
             through
             the
             land
             ,
             to
             helpe
             the
             inhabitants
             thereof
             ,
             but
             if
             they
             overflow
             the
             bankes
             ,
             the
             bankes
             are
             made
             higher
             and
             stronger
             to
             suppresse
             their
             violent
             current
             ,
             so
             in
             all
             the
             cases
             aforesaid
             ,
             and
             the
             like
             .
             The
             Common-law
             hath
             limitted
             the
             proceedings
             ,
             if
             they
             exceede
             their
             bounds
             ,
             witnesse
             the
             prohibitions
             in
             all
             our
             Bookes
             ,
             and
             the
             statutes
             of
             
               Provision
            
             and
             
               praemunire
               ,
            
             and
             
               cases
            
             there
             upon
             in
             many
             ages
             ,
             by
             which
             it
             is
             manifest
             that
             the
             Supreame
             ,
             and
             governing
             law
             ,
             are
             the
             Common-law
             ,
             Common-customes
             ,
             and
             statutes
             of
             the
             Realme
             ,
             and
             the
             rest
             ,
             but
             ministers
             and
             servants
             unto
             it
             ,
             
               brevia
               remediana
            
             are
             onely
             by
             the
             Common-law
             ,
             
               mandatoria
               ,
            
             may
             bee
             in
             the
             said
             other
             cases
             ,
             7.
             
             
               Co.
               Calvins
               case
               Dy.
            
             176.
             
          
           
             So
             that
             the
             answer
             as
             to
             the
             words
             (
             in
             the
             generall
             )
             is
             short
             and
             ought
             to
             be
             positive
             .
          
           
             As
             to
             the
             Courtes
             of
             equitie
             they
             have
             beene
             ancient
             in
             
               England
               ,
            
             and
             the
             Courts
             of
             eqnity
             here
             ,
             ought
             to
             bee
             guided
             by
             the
             constant
             proceedings
             in
             
               England
            
             in
             ages
             past
             ,
             I
             meane
             not
             ,
             by
             this
             or
             that
             Chancellor
             but
             by
             that
             naturall
             and
             just
             equity
             in
             the
             Courts
             here
             observed
             .
             This
             equitie
             is
             
             of
             absolute
             necessitie
             in
             many
             cases
             (
             
               ipsae
               etenim
               leges
               capiunt
               ut
               jure
               regantur
            
             )
             and
             therefore
             is
             included
             within
             the
             law
             of
             the
             Land
             ,
             and
             not
             to
             bee
             devided
             from
             it
             ,
             as
             out
             of
             this
             writing
             it
             may
             bee
             inferred
             .
          
           
             As
             to
             the
             case
             of
             killing
             in
             rebellion
             to
             operate
             an
             Attaynder
             ,
             if
             this
             bee
             no
             law
             in
             
               England
            
             it
             cannot
             bee
             law
             here
             ,
             
               vide
               Dame-hales
               case
               com
               .
               263.
               a.
               8.
               Edw.
               3.
               20.
               fitz
               Dower
               106.
               
               Cromptons
               Iurisdiction
               fol.
               84.
               a.
            
             by
             which
             it
             may
             be
             urged
             ,
             that
             it
             is
             an
             Attaynder
             for
             that
             hee
             prevented
             the
             judgement
             of
             law
             by
             fighting
             against
             the
             Crowne
             ,
             and
             by
             his
             killing
             therein
             ,
             which
             ensued
             his
             unlawfull
             and
             trayterous
             act
             ,
             but
             I
             observe
             to
             the
             contrary
             ,
             the
             books
             of
             7.
             
             
               Henr.
               4.
               32
               b.
               &
               Cook
               .
               4.
               57.
               
               Sadlers
               case
               .
            
             I
             doe
             confesse
             that
             in
             
               England
            
             statutes
             may
             be
             
               obsolete
            
             as
             the
             statute
             of
             
               VVilliam
               Butler
               ,
            
             by
             which
             the
             heire
             may
             have
             an
             action
             of
             wast
             ,
             
               Rastall
            
             5.
             21.
             all
             the
             books
             are
             contrary
             ,
             and
             so
             is
             the
             statute
             of
             
               Merton
            
             of
             disparagment
             as
             to
             an
             action
             to
             bee
             brought
             for
             the
             same
             ,
             so
             are
             some
             antiquated
             lawes
             ,
             40.
             
               Edw.
               3.
               42.
               42.
               ass
               .
               8.
               
               &
            
             25.
             one
             present
             &
             aiding
             to
             murder
             was
             accessary
             ,
             but
             now
             is
             principall
             4.
             
               Hen.
               7.
               18.
               
               Com.
               99.
               
               &
            
             100.
             a
             Vicar
             could
             not
             anciently
             have
             an
             action
             against
             a
             Parson
             ,
             40.
             
               Edw.
               3.
               28.
               
               Finchden
            
             the
             law
             is
             now
             otherwise
             ,
             and
             so
             of
             an
             
             entry
             upon
             a
             
               feoffee
            
             with
             warranty
             
               sit
               fol.
            
             23.
             24.
             in
             the
             case
             of
             disparagement
             ,
             give
             the
             reason
             ,
             because
             that
             those
             statutes
             and
             lawes
             were
             never
             used
             ,
             therfore
             
               obsolete
               ,
            
             our
             case
             is
             nothing
             like
             ,
             for
             life
             ,
             liberty
             ,
             and
             propertie
             being
             in
             debate
             ,
             but
             an
             
               obsolete
            
             law
             is
             no
             law
             in
             force
             .
             Therefore
             the
             answer
             as
             to
             that
             is
             defective
             .
          
           
             As
             to
             the
             case
             of
             a
             fellon
             upon
             his
             keeping
             and
             terrifying
             of
             the
             people
             ,
             I
             conceive
             the
             answer
             is
             uncertaine
             and
             dangerous
             ,
             if
             such
             a
             fellon
             raise
             an
             armed
             power
             against
             the
             Crowne
             and
             terrifie
             that
             way
             no
             doubt
             this
             is
             treason
             within
             the
             statute
             of
             25.
             
               Edw.
            
             3.
             or
             the
             equity
             of
             it
             ,
             and
             by
             the
             statute
             of
             10.
             
             
               Hen.
               7.
               cap.
            
             13.
             in
             
               Ireland
               ,
               statuto
               Hiberniae
               fol.
            
             62.
             but
             if
             such
             terrifying
             be
             without
             raising
             armes
             ,
             or
             by
             committing
             the
             same
             or
             the
             like
             fellonies
             ,
             it
             is
             no
             more
             then
             the
             case
             of
             purse-takers
             by
             force
             in
             the
             high
             wayes
             of
             
               England
               ,
            
             many
             a
             man
             was
             terrified
             thereby
             in
             
               Salisbury-plaine
               ,
            
             and
             yet
             no
             treason
             ;
             and
             if
             there
             be
             no
             statute
             here
             ,
             which
             is
             not
             in
             
               England
               ,
            
             to
             make
             it
             treason
             certainly
             it
             cannot
             be
             treason
             ;
             since
             the
             Conquest
             ,
             writ
             of
             error
             have
             been
             brought
             for
             to
             reverse
             Iudgments
             given
             in
             the
             Kings
             Bench
             here
             ,
             in
             the
             Court
             of
             Kings
             Bench
             in
             
               England
               ,
            
             no
             course
             here
             which
             is
             contrary
             to
             law
             ,
             can
             alter
             the
             law
             of
             
               England
               ,
            
             therefore
             ,
             to
             
             what
             purpose
             is
             a
             declaration
             of
             Iudges
             here
             ,
             contrary
             to
             the
             law
             there
             .
             This
             writ
             of
             error
             is
             a
             writ
             framed
             in
             the
             Register
             and
             appeares
             by
             common
             experience
             .
             I
             will
             offer
             a
             notable
             case
             which
             I
             saw
             adjudged
             in
             the
             Kings
             Bench
             in
             
               England
               ,
               Pasc
               .
               18.
               
               Iacobi
            
             for
             
               Stafford
            
             against
             
               Stafford
            
             in
             a
             writ
             of
             error
             for
             to
             reverse
             a
             Iudgment
             given
             in
             the
             Kings
             Bench
             in
             
               Ireland
            
             when
             
               Sir
               VVilliam
               Iones
            
             was
             Chiefe
             Iustice
             here
             ,
             in
             an
             
               ejectione
               firme
               ,
            
             for
             that
             in
             the
             declaration
             there
             was
             contained
             among
             other
             things
             
               ducentas
               acras
               Montani
               .
               Sir
               VVilliam
               Iones
            
             being
             in
             
               England
               ,
            
             affirmed
             the
             course
             here
             ,
             to
             have
             been
             so
             ,
             and
             vouched
             many
             notable
             Presidents
             ,
             thereupon
             an
             order
             was
             conceived
             that
             
               Sir
               Iames
               Ley
               ,
               Sir
               Humphry
               VVinch
               ,
            
             and
             
               Sir
               Iohn
               Denham
            
             knights
             ,
             who
             were
             formerly
             Chiefe
             Iustices
             here
             should
             certifie
             the
             course
             ,
             who
             made
             report
             that
             the
             course
             in
             
               Ireland
            
             was
             and
             ought
             to
             be
             ,
             in
             writts
             originall
             and
             Iudiciall
             to
             be
             directed
             by
             the
             Register
             ,
             in
             pleading
             to
             be
             guided
             by
             the
             books
             of
             entries
             ,
             and
             thereupon
             the
             Iudgement
             was
             reversed
             ,
             And
             the
             Chiefe
             Iustice
             
               Mountague
            
             said
             ,
             that
             if
             they
             did
             not
             proceed
             in
             
               Ireland
            
             according
             to
             law
             ,
             they
             should
             learne
             it
             ,
             And
             so
             I
             conclude
             that
             the
             answer
             to
             the
             first
             Question
             ,
             is
             insufficient
             .
          
           
             As
             touching
             the
             second
             Question
             ,
             
             which
             is
             
             concerning
             the
             Oath
             which
             this
             Iudges
             doe
             take
             ,
             the
             question
             is
             whether
             the
             Iudges
             of
             the
             land
             doe
             take
             the
             Oath
             of
             Iudges
             ?
             And
             if
             so
             ,
             &c.
             
          
           
             The
             answer
             of
             the
             Iudges
             to
             the
             first
             part
             is
             ,
             
             that
             they
             confesse
             they
             take
             the
             Oath
             of
             Iudges
             ,
             which
             is
             specified
             amongst
             the
             statutes
             in
             1●
             .
             
               Edw.
            
             3.
             and
             20.
             
             
               Edward
               .
            
             3
             as
             I
             said
             before
             ,
             and
             that
             they
             may
             not
             stay
             ,
             hinder
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             or
             his
             judgement
             or
             execution
             there
             upon
             ,
             otherwise
             then
             according
             to
             the
             law
             and
             course
             of
             the
             Court
             ,
             where
             they
             sit
             under
             pretence
             of
             any
             act
             of
             state
             ,
             proclamation
             ,
             writ
             ,
             letter
             ,
             or
             direction
             under
             the
             great
             Seale
             ,
             or
             privie
             Seale
             ,
             or
             privie
             Signet
             ,
             or
             Letter
             ,
             or
             other
             Commandement
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             Iustice
             ,
             Iustices
             or
             other
             ,
             chiefe
             Governor
             of
             this
             kingdome
             ,
             most
             of
             which
             doth
             appeare
             by
             their
             Oath
             expressed
             ,
             expressed
             in
             the
             said
             statutes
             ,
             and
             the
             statute
             of
             2.
             
               Edw.
               3.
               c.
            
             8.
             and
             the
             statute
             of
             20.
             
               Edw.
            
             3.
             as
             to
             the
             Barons
             of
             the
             Exchequer
             ,
             and
             as
             they
             know
             no
             punishments
             due
             to
             the
             Iudges
             for
             their
             deviations
             and
             transgressions
             without
             other
             aggravation
             ,
             so
             they
             know
             no
             punishment
             layd
             downe
             by
             any
             law
             against
             them
             for
             their
             deviations
             and
             transgressions
             ,
             in
             hindering
             ,
             staying
             ,
             or
             delaying
             of
             Iustice
             ,
             contrary
             to
             their
             said
             Oath
             
             other
             then
             what
             is
             declared
             in
             their
             said
             Oath
             ,
             and
             the
             statute
             of
             20.
             
               Edw.
            
             3.
             
          
           
             I
             conceive
             the
             answer
             is
             not
             a
             full
             and
             perfect
             answer
             to
             the
             
               Question
               .
            
             For
             where
             the
             
               Question
            
             is
             whether
             the
             Iudges
             under
             pretext
             of
             any
             act
             of
             state
             ,
             proclamation
             ,
             writ
             ,
             Letter
             or
             direction
             under
             the
             great
             ,
             or
             privie
             Seale
             ,
             or
             privie
             Signet
             ,
             or
             Letter
             ,
             or
             other
             Commandement
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputie
             ,
             Iustice
             ,
             or
             Iustices
             ,
             or
             other
             chiefe
             Governor
             or
             Governors
             of
             this
             kingdome
             ,
             they
             may
             hinder
             ,
             stay
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             judgement
             ,
             or
             execution
             thereupon
             ;
             if
             so
             ,
             in
             what
             cases
             ,
             and
             whether
             ,
             if
             they
             doe
             hinder
             ,
             stay
             ,
             or
             delay
             such
             suite
             ,
             judgement
             ,
             or
             execution
             thereupon
             ,
             what
             punishment
             doe
             they
             incurre
             for
             their
             deviations
             and
             transgressions
             therein
             .
          
           
             To
             this
             they
             answer
             ,
             that
             they
             may
             not
             stay
             ,
             hinder
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             judgement
             ,
             or
             execution
             therupon
             otherwise
             then
             according
             to
             the
             law
             ,
             &
             course
             of
             the
             Court
             ,
             where
             they
             sit
             ,
             under
             pretence
             of
             any
             act
             of
             state
             ,
             proclamation
             ,
             writ
             ,
             letter
             ,
             or
             direction
             ,
             under
             the
             great
             or
             privie
             Seale
             ,
             or
             privie
             signet
             ,
             or
             letter
             ,
             or
             other
             commandement
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             ,
             Iustice
             ,
             or
             Iustices
             ,
             or
             other
             chiefe
             Governor
             ,
             
             or
             Governors
             of
             this
             kingdome
             ,
             whereas
             they
             ought
             to
             have
             expressed
             the
             particular
             of
             this
             exception
             ,
             for
             by
             that
             clause
             ,
             it
             is
             supposed
             ,
             or
             may
             be
             strongly
             implyed
             ,
             that
             in
             some
             cases
             they
             may
             hinder
             ,
             stay
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             judgement
             ,
             or
             execution
             therupon
             ,
             under
             pretext
             of
             any
             act
             of
             state
             ,
             proclamation
             ,
             letter
             ,
             or
             direction
             under
             the
             great
             or
             privie
             Seale
             ,
             or
             privie
             signet
             ,
             or
             other
             Commandement
             from
             the
             Lord
             Lieutenant
             ,
             Lord
             Deputy
             ,
             Iustice
             ,
             Iustices
             ,
             or
             other
             chiefe
             governor
             ,
             or
             governors
             of
             this
             kingdome
             ,
             which
             they
             ought
             to
             have
             expressely
             layd
             downe
             ,
             the
             question
             being
             if
             they
             may
             stay
             ,
             hinder
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             upon
             any
             such
             pretext
             ,
             then
             to
             set
             forth
             in
             what
             Cases
             ,
             which
             ought
             to
             be
             particularly
             answered
             unto
             .
          
           
             In
             the
             next
             place
             the
             
               Question
            
             is
             ,
             if
             they
             doe
             stay
             ,
             hinder
             ,
             or
             delay
             such
             suite
             ,
             judgement
             ,
             or
             execution
             therupon
             ,
             then
             to
             set
             forth
             what
             punishment
             they
             doe
             incurre
             for
             their
             deviation
             ,
             or
             transgression
             therein
             .
          
           
             Vnto
             this
             they
             answer
             ,
             they
             know
             no
             punishment
             due
             to
             the
             Iudges
             for
             their
             deviation
             ,
             and
             transgressions
             without
             other
             aggravation
             ,
          
           
             This
             I
             conceive
             is
             an
             implication
             ,
             that
             there
             is
             a
             punishment
             where
             there
             is
             matter
             of
             aggravation
             ,
             
             and
             therefore
             it
             ought
             to
             be
             expressed
             what
             matter
             of
             aggravation
             they
             intend
             the
             same
             to
             be
             .
          
           
             They
             further
             say
             ,
             they
             know
             no
             punishment
             :
             layd
             downe
             by
             any
             law
             against
             them
             ,
             for
             their
             deviations
             or
             transgressions
             in
             hindering
             ,
             staying
             or
             delaying
             of
             Iustice
             contrary
             to
             their
             Oath
             ,
             other
             then
             what
             is
             declared
             in
             their
             said
             Oath
             ,
             and
             the
             statute
             of
             ●0
             .
             
               Edw.
            
             3.
             
          
           
             This
             I
             conceive
             not
             to
             bee
             a
             full
             answer
             ,
             in
             respect
             the
             punishment
             layd
             downe
             in
             that
             Oath
             ,
             is
             in
             a
             generality
             ;
             
               viz.
            
             that
             the
             Iudges
             so
             offending
             contrary
             to
             their
             Oath
             ,
             are
             to
             be
             at
             the
             Kings
             will
             of
             body
             lands
             and
             goods
             ,
             which
             they
             should
             declare
             ,
             and
             expresse
             how
             farre
             that
             punishment
             extendeth
             in
             their
             bodies
             ,
             lands
             ,
             and
             goods
             .
          
           
             Whether
             imprisonment
             of
             their
             bodies
             ,
             or
             in
             their
             lives
             ,
             and
             whether
             in
             forfeiture
             of
             their
             lands
             goods
             ,
             or
             how
             else
             ?
          
           
             The
             breach
             of
             an
             Oath
             is
             a
             very
             high
             offence
             ,
             and
             the
             higher
             it
             is
             ,
             that
             the
             matter
             it
             doth
             concerne
             is
             the
             greater
             ,
             and
             therefore
             it
             is
             much
             ,
             
               secundum
               subjectam
               materiam
               .
            
          
           
             It
             is
             to
             be
             considered
             to
             whom
             the
             oath
             of
             a
             Iudge
             is
             made
             ,
             and
             what
             matter
             it
             doth
             concerne
             .
          
           
             To
             the
             first
             the
             Oath
             is
             made
             to
             GOD
             ,
             the
             King
             and
             to
             the
             Common-wealth
             .
          
           
           
             For
             the
             matter
             ,
             it
             is
             concerning
             the
             true
             and
             equall
             administration
             and
             distribution
             of
             Iustice
             to
             the
             people
             .
          
           
             If
             the
             Iudge
             doe
             offend
             contrary
             to
             his
             Oath
             ,
             he
             commits
             breach
             of
             the
             trust
             reposed
             in
             him
             by
             the
             King
             ,
             besides
             the
             violation
             of
             his
             Oath
             .
             Looke
             upon
             trust
             betweene
             Common
             persons
             .
             A
             man
             makes
             a
             Lease
             for
             yeares
             ,
             the
             Lessee
             makes
             a
             scoffment
             ,
             this
             is
             a
             forfeyture
             of
             his
             estate
             by
             the
             Common-law
             ,
             
             by
             reason
             of
             the
             breach
             of
             trust
             .
             Lessee
             for
             life
             in
             an
             action
             brought
             against
             him
             prayes
             in
             ayde
             of
             a
             stranger
             :
             this
             is
             a
             forfeyture
             of
             his
             estate
             .
          
           
             
               A
               quid
               Iuris
               clamat
            
             brought
             against
             Lessee
             for
             life
             ,
             
             he
             claymes
             a
             fee
             ,
             which
             is
             found
             against
             him
             ,
             this
             is
             a
             forfeyture
             of
             his
             estate
             .
             So
             much
             for
             breach
             of
             trust
             .
          
           
             To
             come
             unto
             a
             false
             verdict
             given
             by
             a
             Iurie
             ,
             
             which
             is
             a
             breach
             of
             their
             Oath
             ,
             they
             being
             sworne
             
               ad
               veritatem
               dicendam
               .
            
             For
             this
             false
             verdict
             an
             attaynt
             lyeth
             at
             Common
             law
             against
             the
             petit
             Iury
             .
          
           
             The
             judgement
             at
             the
             Common-law
             in
             an
             attaynt
             importeth
             eight
             grievous
             punishments
             .
             1.
             
             
               Quod
               amittat
               liberam
               legem
               in
               perpetuum
               .
               2.
               quod
               forisfaciat
               omnia
               bona
               &
               Catalla
               sua
               ,
               3.
               quod
               terrae
               
               &
               tenementa
               in
               manus
               Domini
               Regis
               capiantur
               ,
               4.
               quod
               uxores
               &
               liberi
               extradomus
               suas
               eijoiantur
               ,
               5.
               quod
               domus
               suae
               prostrentur
               ,
               6.
               quod
               arbores
               suae
               extirpentur
               ,
               7.
               quod
               prata
               sua
               arentur
               ,
               8
               &
               quod
               corpora
               sua
               Carceri
               mancipentur
               .
            
             So
             odious
             is
             perjurie
             in
             the
             eye
             of
             the
             Common-law
             .
             It
             followeth
             therefore
             that
             the
             breach
             of
             the
             Oath
             of
             a
             Iudge
             ,
             
               materia
               considerata
               ,
            
             in
             regard
             it
             tends
             to
             the
             subversion
             of
             Iustice
             ,
             is
             an
             offence
             of
             an
             higher
             nature
             deserving
             a
             farre
             greater
             punishment
             in
             his
             body
             ,
             lands
             ,
             and
             goods
             ,
             as
             I
             conceive
             .
          
           
             This
             question
             is
             very
             short
             and
             as
             plaine
             ,
             
             it
             is
             no
             more
             then
             whether
             the
             
               Councell-table
            
             be
             
               a
               Iudicatorie
               ,
            
             
             in
             
               Civill
               causes
            
             betweene
             subject
             and
             subject
             for
             lands
             ,
             goods
             ,
             or
             Chattels
             ,
             and
             by
             what
             law
             .
             The
             answer
             is
             wholly
             
               ad
               aliud
               .
            
             But
             it
             is
             answered
             fully
             by
             the
             great
             
               Charter
               capit
               .
               11.
               9.
               
               Henr.
               3.
               
               Communia
               placita
               non
               sequantur
               Curiam
               nostram
               ,
            
             Common-pleas
             ,
             which
             are
             the
             pleas
             in
             question
             shall
             not
             follow
             the
             Kings
             Court
             ,
             againe
             
               cap.
            
             29.
             
             No
             Freeman
             shall
             be
             taken
             ,
             imprisoned
             ,
             put
             off
             his
             freehold
             ,
             liberties
             &
             free
             customes
             ,
             &c.
             other
             then
             by
             the
             lawfull
             judgement
             of
             his
             Peeres
             ,
             as
             by
             the
             law
             of
             the
             land
             .
          
           
             This
             great
             assurance
             in
             the
             38.
             
               Chap.
            
             of
             the
             same
             statute
             was
             granted
             for
             the
             King
             and
             his
             successors
             
             to
             all
             his
             people
             ,
             and
             was
             confirmed
             in
             thirty
             Parliaments
             as
             I
             said
             before
             
               Cooke
               .
            
             8.
             the
             
               Princes
               Case
               .
            
             by
             the
             statute
             of
             5.
             
               Edw.
               3.
               cap.
               9.
               25.
               Edw.
               3.
               Cap.
               4.
               28.
               Edw.
               ●
               ;
               cap.
               ●
               .
               42.
               Edw.
               3.
               cap.
               1
               &
               ●
               .
            
          
           
             The
             great
             
               Charter
            
             is
             againe
             confirmed
             ,
             and
             not
             onely
             so
             but
             proceedings
             contrary
             to
             the
             same
             ,
             before
             the
             King
             or
             his
             Counsell
             are
             declared
             voyde
             .
             The
             King
             is
             to
             observe
             and
             mantayne
             the
             law
             ,
             the
             Iudge
             by
             his
             Oath
             ,
             18.
             
             
               Edward
               .
            
             ●
             .
             is
             bound
             to
             doe
             right
             betweene
             the
             King
             and
             his
             people
             ,
             and
             that
             right
             strengthens
             the
             Kings
             prerogative
             ,
             presidents
             or
             practise
             contrary
             to
             so
             many
             statutes
             are
             of
             no
             use
             ,
             in
             many
             ages
             past
             encroachments
             were
             made
             upon
             these
             just
             liberties
             ,
             which
             were
             alwayes
             removed
             by
             Parliaments
             .
             Yet
             I
             must
             confesse
             that
             of
             all
             antiquity
             some
             pleas
             have
             beene
             held
             in
             the
             Kings
             Royall
             house
             ,
             as
             in
             the
             Court
             held
             by
             the
             Marshall
             of
             the
             Kings
             houshold
             for
             things
             arising
             within
             the
             
               Verge
               ,
               Fleta
               ,
               lib.
               2.
               cap.
            
             2.
             but
             when
             that
             Court
             exceeds
             its
             due
             bounds
             ,
             declaratory
             statutes
             were
             alwayes
             made
             to
             meete
             them
             as
             mischiefes
             in
             the
             common-wealth
             ,
             when
             they
             medled
             with
             land
             or
             the
             like
             ,
             as
             appeares
             by
             the
             statute
             of
             
               Articule
               super
               Chartam
               28.
               Edw.
               1.
               15.
               R.
               2.
               cap.
            
             12.
             all
             these
             statutes
             
               My
               Lords
               ,
            
             and
             many
             more
             to
             this
             purpose
             are
             undenyably
             of
             force
             in
             this
             kingdome
             ,
             
             and
             none
             of
             them
             can
             be
             with
             impunitie
             said
             to
             be
             
               obsolete
            
             or
             antiquated
             .
          
           
             
               My
               Lords
               ,
            
             they
             raise
             another
             doubt
             ,
             
               viz
            
             that
             as
             the
             King
             may
             grant
             cognizance
             of
             pleas
             to
             Corporations
             ,
             or
             the
             like
             ,
             and
             therefore
             to
             the
             Councell-table
             ;
             if
             this
             neede
             an
             answer
             ,
             I
             will
             answer
             it
             thus
             ,
             that
             a
             grant
             of
             cognizance
             never
             was
             ,
             neyther
             can
             it
             be
             otherwise
             ,
             then
             to
             proceede
             
               per
               legem
               terrae
               ,
            
             or
             
               per
               judicium
               parium
               ,
            
             &
             in
             the
             same
             manner
             as
             Courts
             doe
             proceede
             at
             Common-law
             ,
             and
             not
             upon
             paper
             petitions
             ,
             or
             summary
             hearings
             such
             cognizance
             was
             never
             granted
             ,
             the
             King
             is
             at
             losse
             by
             such
             proceedings
             ,
             he
             looseth
             fines
             upon
             originals
             ,
             he
             looseth
             amerciaments
             ,
             and
             fines
             incident
             to
             every
             judgement
             at
             Common-law
             ,
             as
             I
             said
             before
             ,
             I
             he
             subject
             undergoeth
             an
             inconvenience
             .
             First
             the
             law
             will
             decline
             ,
             writs
             originall
             will
             by
             disuse
             be
             forgotten
             ,
             Clerks
             who
             should
             draw
             them
             discouraged
             to
             learne
             ,
             legall
             proceedings
             out
             of
             doores
             being
             the
             foundation
             of
             the
             law
             ,
             and
             in
             stead
             of
             regular
             and
             orderly
             proceeding
             ,
             rudenesse
             and
             barbarisme
             introduced
             ,
             the
             subject
             will
             loose
             the
             benefit
             of
             his
             attaynte
             and
             writ
             of
             error
             ;
             by
             which
             the
             law
             might
             relieve
             him
             against
             false
             verdicts
             or
             erroneous
             judgments
             he
             will
             loose
             the
             benefit
             of
             his
             warranty
             ,
             which
             might
             repaire
             a
             purchaser
             ,
             
             in
             case
             his
             acquired
             purchase
             were
             not
             good
             .
             Whereas
             if
             a
             Iudge
             or
             Iuror
             doe
             wrong
             ,
             the
             remedy
             is
             at
             hand
             ,
             but
             against
             the
             Lord
             Deputy
             and
             Councell
             ,
             who
             will
             seeke
             for
             it
             ?
             therefore
             the
             countenance
             of
             this
             
               Iudicature
            
             in
             Common-pleas
             ,
             is
             against
             the
             Kings
             prerogative
             ,
             and
             the
             peoples
             just
             rights
             :
             both
             which
             the
             Iudges
             ought
             to
             maintaine
             ,
             and
             likewise
             against
             the
             intent
             of
             your
             Lordships
             order
             .
          
           
             
               My
               Lords
               ,
            
             as
             in
             
               England
               ,
            
             the
             said
             severall
             statutes
             were
             made
             to
             prevent
             the
             inconveniences
             aforesaid
             ,
             one
             good
             statute
             was
             made
             in
             
               Ireland
               ,
               28.
               
               Henr.
               6.
               cap.
               2.
               
               Irish
               statut
               .
               fol.
            
             15.
             which
             directs
             matters
             of
             
               Interest
            
             to
             be
             determined
             in
             the
             
               Common-pleas
               ,
            
             matters
             of
             the
             
               Crowne
            
             in
             the
             
               Kings-bench
               ,
            
             matters
             of
             
               equity
            
             in
             the
             
               Chancery
               :
            
             This
             law
             ,
             if
             there
             were
             no
             more
             ,
             regulates
             the
             proceedings
             in
             this
             kingdome
             .
          
           
             The
             Iudges
             insist
             upon
             the
             words
             in
             the
             end
             of
             that
             statute
             ,
             
               viz.
               Saving
               the
               Kings
               prerogative
               .
               My
               Lords
               ,
            
             this
             was
             stood
             upon
             at
             the
             late
             great
             tryall
             in
             
               England
               ,
            
             and
             easily
             answered
             ,
             for
             by
             the
             Common-law
             ,
             the
             King
             may
             by
             his
             prerogative
             ,
             sue
             in
             any
             of
             the
             foure
             Courts
             ,
             for
             his
             particular
             interest
             ,
             although
             it
             be
             contrary
             to
             the
             nature
             of
             that
             Court
             ,
             for
             he
             may
             sue
             
               à
               Quare
               impedit
            
             in
             the
             Kings
             
             Bench
             ,
             &
             the
             like
             ,
             yet
             so
             as
             the
             said
             suite
             be
             bounded
             by
             the
             rules
             of
             law
             ,
             I
             will
             demaund
             a
             question
             whether
             the
             King
             may
             bring
             
               à
               Quare
               impedit
            
             in
             paper
             ,
             
             at
             the
             Councell-board
             ,
             the
             Kings
             now
             Atturney
             ,
             I
             am
             confident
             will
             answer
             me
             ,
             he
             cannot
             ▪
          
           
             The
             word
             
               salvo
            
             or
             saving
             is
             in
             construction
             of
             law
             of
             a
             thing
             in
             
               esse
            
             or
             
               existente
               ,
            
             and
             no
             creative
             word
             ,
             26.
             
             
               Ass
               .
               pla
               .
            
             66.
             and
             cannot
             in
             the
             
               Kings
               Case
            
             be
             construed
             to
             overthrow
             the
             law
             ,
             nor
             many
             expresse
             ,
             and
             positive
             acts
             of
             Parliament
             .
          
           
             
               My
               Lords
               ,
            
             in
             all
             humblenesse
             and
             dutie
             I
             will
             and
             must
             acknowledge
             his
             Majesties
             Sacred
             and
             lawfull
             prerogative
             ,
             whereof
             the
             King
             himselfe
             is
             the
             best
             expositor
             ,
             in
             his
             answer
             to
             the
             
               Petition
            
             of
             right
             ,
             
               Poltons
               stat
               .
               fol.
            
             1433.
             he
             declares
             that
             his
             prerogative
             is
             to
             defend
             the
             peoples
             libertie
             ,
             and
             the
             peoples
             libertie
             strenghtens
             the
             Kings
             prerogative
             ,
             the
             answer
             was
             a
             Kingly
             answer
             ,
             and
             (
             
               More
               ●ajorum
            
             )
             this
             is
             conformable
             to
             the
             great
             
               Charter
               ,
            
             and
             to
             all
             the
             statutes
             before
             recited
             .
             The
             government
             of
             
               England
            
             being
             the
             best
             in
             the
             world
             ,
             was
             not
             onely
             Royall
             ,
             but
             also
             politicke
             ,
             some
             other
             princes
             like
             
               Cain
               ,
               Nemrod
               ,
               Esau
               ,
            
             and
             the
             like
             hunters
             of
             men
             ,
             subverted
             lawes
             ;
             The
             Kings
             of
             
               England
            
             maintayned
             them
             ,
             and
             did
             never
             assume
             the
             power
             to
             change
             or
             alter
             the
             lawes
             ,
             as
             appeares
             by
             
             
               Fortescue
            
             that
             grave
             and
             learned
             Lord
             
               Chancellor
            
             in
             
               King
               Henry
            
             the
             
               sixts
            
             time
             
               de
               laudibus
               legum
               Angliae
               cap.
               9.
               fol.
            
             25.
             and
             in
             the
             same
             Booke
             
               cap.
               36.
               fol.
            
             84.
             nor
             to
             take
             his
             peoples
             goods
             ,
             nor
             to
             lay
             taxe
             ,
             nor
             tallage
             upon
             them
             ,
             other
             then
             by
             their
             free
             consent
             in
             Parliament
             ,
             this
             appeares
             by
             the
             
               Booke
               Cases
            
             in
             1●
             .
             
               Henr.
               4.
               fol.
            
             14.
             15.
             16.
             the
             great
             
               case
            
             of
             the
             
               Awlnage
            
             of
             
               London
               ,
            
             and
             in
             the
             
               Case
            
             of
             
               toll-travers
            
             and
             
               toll-through
            
             14.
             
             
               Henr.
               4.
               9
               37.
               
               Henr.
               6.
               27.
               8.
               
               Henr.
            
             6.
             19
             all
             agreeing
             ,
             nor
             to
             alter
             the
             nature
             of
             land
             as
             by
             converting
             land
             at
             Common-law
             to
             
               Gavelkind
               ,
            
             or
             
               Borrough
               English
            
             or
             
               e
               conuerso
               ;
            
             as
             to
             the
             estate
             ,
             otherwise
             as
             to
             the
             person
             of
             the
             King
             
               Ple.
               Com.
            
             the
             Lord
             
               Barclyes
               Case
               fol.
            
             246.
             247.
             
             Yet
             it
             is
             most
             true
             that
             the
             law
             of
             the
             land
             gives
             the
             King
             many
             naturall
             and
             great
             prerogatives
             ,
             farre
             beyond
             all
             other
             men
             ,
             as
             may
             appeare
             in
             the
             said
             
               Case
               fol.
            
             243.
             but
             not
             to
             doe
             wrong
             to
             any
             subject
             ,
             
               Com.
            
             246.
             
             The
             person
             of
             the
             King
             is
             too
             sacred
             to
             doe
             a
             wrong
             in
             the
             intention
             of
             Law
             ;
             if
             any
             wrongs
             bee
             done
             his
             minister●
             are
             Authors
             and
             not
             the
             King
             ;
             And
             the
             Kings
             just
             prerogatives
             ,
             by
             the
             Kings
             Royall
             assent
             in
             Parliament
             were
             bounded
             ,
             limited
             and
             qualified
             ,
             by
             severall
             Acts
             of
             Parliament
             ,
             as
             if
             
               Tenant
               in
               cap.
            
             did
             
               alien
            
             at
             Common-law
             without
             licence
             ,
             this
             was
             a
             forfeyture
             of
             his
             estate
             
               Plo
               :
               Com.
               case
            
             of
             mines
             
               fol.
            
             332.
             
             the
             statutes
             of
             2.
             
               Edw.
               3.
               cap
               ▪
            
             14.
             makes
             this
             only
             finable
             ,
             &
             the
             statute
             of
             
               Magna
               Charta
               cap.
            
             21.
             takes
             away
             the
             Kings
             prerogative
             ,
             for
             cutting
             woodes
             where
             he
             pleased
             :
             many
             other
             cases
             there
             are
             upon
             this
             learning
             .
          
           
             By
             this
             great
             Iustice
             and
             bounty
             of
             the
             Kings
             of
             
               England
               ,
            
             the
             Kings
             grew
             still
             greater
             and
             more
             permanent
             .
          
           
             The
             people
             became
             free
             and
             wealthy
             ,
             no
             King
             so
             great
             as
             a
             King
             of
             rich
             &
             free
             people
             .
             If
             the
             Councell-table
             may
             retaine
             cognizance
             of
             causes
             cōtrary
             to
             the
             Law
             ,
             &
             to
             so
             many
             Acts
             of
             Parliament
             ,
             why
             may
             they
             not
             avoyde
             all
             Acts
             of
             Parliament
             aswell
             ?
             This
             no
             man
             will
             affirme
             ,
             nor
             they
             intend
             .
          
           
             
               My
               Lords
               ,
            
             
             two
             objections
             seeme
             to
             stand
             in
             my
             way
             .
             First
             ,
             the
             multitude
             of
             presidents
             countenancing
             the
             cognizance
             of
             the
             Councell-board
             in
             the
             matter
             aforesaid
             ,
             some
             in
             ancient
             times
             ,
             and
             of
             late
             in
             great
             clusters
             &
             throngs
             .
             
             Secondly
             ,
             that
             in
             book
             Cases
             it
             appeares
             ,
             the
             Iudges
             of
             Law
             did
             take
             advice
             in
             their
             Iudgements
             with
             the
             Kings
             Counsell
             ,
             as
             40
             
               Ed.
               3.
               fol.
               34.
               39.
               
               Ass
               .
               placito
               primo
               35.
               Edw.
               3.
               fol.
               35.
               19.
               Edw.
               3.
               fitz
               .
               Iudgement
               .
            
             174.
             
          
           
             In
             answer
             to
             the
             first
             ,
             
             as
             for
             the
             multitude
             of
             presidents
             (
             
               hinc
               illae
               lachrymae
            
             )
             there
             is
             our
             griefe
             ,
             I
             find
             in
             our
             Bookes
             that
             presidents
             against
             Law
             ,
             
             doe
             never
             bind
             ,
             there
             is
             no
             downe
             right
             mischiefe
             .
             But
             a
             president
             may
             be
             called
             upon
             ,
             to
             beare
             it
             up
             ;
             
               Iudicandum
               est
               legibus
               non
               exemplis
               ,
               Cooke
               ,
               4.
               fol.
               33.
               
               Mit●ons
               case
               Cooke
               11.
               fol.
               75.
               
               Magdalen
               Colledges
               case
               Cooke
               .
               4.
               fol.
               94.
               
               Slades
               case
               ,
               multitudo
               errantium
               non
               parit
               errori
               patrocinium
               .
            
          
           
             I
             answer
             to
             the
             second
             that
             in
             those
             yeare
             books
             of
             
               Edw.
            
             3.
             
             It
             is
             true
             ,
             
             that
             the
             Iudges
             appealed
             to
             the
             Kings
             Councell
             for
             advice
             in
             law
             ,
             but
             who
             gave
             the
             Iudgment
             ?
             the
             Iudges
             ,
             and
             what
             Iudgement
             ?
             a
             legall
             Iudgement
             ,
             and
             no
             paper
             or
             arbitrary
             Iudgment
             .
          
           
             If
             this
             objection
             were
             materiall
             ,
             I
             might
             answer
             further
             ,
             that
             the
             Councell
             here
             may
             bee
             understood
             ,
             the
             great
             Councell
             (
             
               viz.
            
             )
             the
             Parliament
             (
             
               propter
               excellentiam
               )
               vide
               Cooke
               ,
               6.
               19.
               20.
               
               Gregories
               case
               .
            
             By
             the
             stat
             .
             of
             4.
             
               Edw.
               cap.
            
             3.
             14.
             and
             36.
             
               Edw.
               3.
               c.
               10.
               
               Rastall
               ,
               fol.
            
             316.
             
             Parliaments
             were
             then
             to
             be
             held
             once
             a
             yeare
             ,
             the
             booke
             of
             39.
             
               Edw.
               3.
               fol.
            
             35.
             in
             the
             case
             of
             
               a
               formedon
               ;
            
             may
             well
             warrant
             this
             explanation
             of
             those
             books
             ,
             the
             Bishops
             ,
             Abbots
             ,
             Earles
             and
             Barons
             mentioned
             in
             the
             said
             books
             ,
             may
             be
             well
             taken
             to
             be
             the
             Lords
             house
             ,
             which
             might
             sit
             by
             adjournements
             in
             those
             times
             of
             frequent
             Parliaments
             ,
             My
             Lords
             ,
             I
             kept
             you
             too
             long
             upon
             this
             Question
             ,
             I
             will
             be
             as
             short
             in
             
             the
             next
             .
             And
             so
             I
             conclude
             the
             answer
             as
             to
             this
             point
             is
             no
             answer
             ,
             and
             whether
             the
             matters
             therein
             comprized
             be
             of
             dangerous
             consequence
             I
             submit
             to
             your
             Lordships
             .
          
           
             If
             the
             Chiefe
             Governor
             and
             Councell
             of
             this
             kingdome
             cannot
             heare
             or
             determine
             the
             causes
             aforesaid
             ,
             
             surely
             the
             Chiefe
             Governor
             alone
             cannot
             doe
             it
             ,
             
             all
             I
             have
             said
             to
             the
             third
             I
             doe
             apply
             to
             this
             Question
             ,
             together
             with
             one
             president
             worthy
             your
             observation
             in
             25.
             
               Edw.
               1.
               Claus.
               m.
            
             20.
             where
             I
             have
             an
             authenticke
             coppie
             (
             
               viz.
            
             )
             
          
           
             
               
                 
                   
                     Claus.
                     vicessimo
                     quinto
                     Eaw
                     primi
                     m.
                     20.
                     
                     
                  
                   
                     Rex
                     dilecto
                     &
                     fideli
                     suo
                     Iohanni
                     VVogan
                     .
                     Iusticiario
                     suo
                     Hiberniae
                     salutem
                     ;
                     cum
                     intellexerimus
                     quod
                     vos
                     comunia
                     placita
                     quae
                     totis
                     temporibus
                     retroactis
                     ,
                     per
                     brevia
                     originalia
                     de
                     Cancellaria
                     nostra
                     Hiberniae
                     placitari
                     ,
                     deberent
                     ,
                     &
                     consueverunt
                     ,
                     per
                     billas
                     &
                     petitiones
                     vacuas
                     jam
                     de
                     novo
                     coram
                     vobis
                     deduci
                     facitis
                     ,
                     &
                     etiam
                     terminari
                     ,
                     per
                     quod
                     ,
                     feodum
                     sigilli
                     nostri
                     quo
                     utimur
                     in
                     Hibernia
                     ,
                     &
                     fines
                     pro
                     breuibus
                     dandis
                     ad
                     alia
                     commoda
                     quae
                     nobis
                     inde
                     solent
                     accrescere
                     di
                     versimode
                     subtrabuntur
                     ,
                     in
                     nostri
                     &
                     incolarum
                     partium
                     ,
                     illarum
                     ,
                     damnum
                     non
                     modicum
                     ,
                     &
                     gravamen
                     .
                     nolentes
                     igitur
                     hujusmodi
                     novitates
                     fieri
                     per
                     quas
                     nobis
                     damna
                     gravia
                     ,
                     poterunt
                     evenire
                     ,
                     vobis
                     mandamus
                     quod
                     si
                     ita
                     est
                     ,
                     tunc
                     aliqua
                     placita
                     
                     comunia
                     ,
                     quae
                     per
                     brevia
                     originalia
                     de
                     Cancellaria
                     nostra
                     praedict●
                     de
                     jure
                     &
                     consuetudine
                     ,
                     hucusque
                     visitata
                     habent
                     terminari
                     per
                     petitiones
                     &
                     billas
                     coram
                     vobis
                     deduci
                     ,
                     placitari
                     ,
                     aut
                     terminari
                     de
                     caetero
                     nullatenus
                     praesumatis
                     ,
                     per
                     quod
                     vobis
                     imputari
                     debeat
                     aut
                     possit
                     novum
                     ,
                     incommodum
                     ,
                     in
                     hac
                     parte
                     .
                  
                   
                     
                       Teste
                       Rege
                       apud
                       Shestoniam
                       ,
                       
                         xxiij
                         .
                         die
                         Martij
                         .
                      
                    
                  
                   
                     
                       Convenit
                       cum
                       Recorda
                       ,
                    
                     
                       
                         VVilliam
                         Collet
                         .
                      
                    
                  
                
              
            
          
           
             Your
             Lordships
             ,
             may
             see
             that
             in
             
               Edward
               the
               firsts
            
             time
             the
             King
             took
             notice
             ,
             First
             ,
             that
             the
             said
             petitions
             were
             void
             .
             Secondly
             ,
             that
             his
             revenues
             were
             thereby
             impaired
             .
             Thirdly
             ,
             that
             it
             was
             against
             the
             Custome
             of
             the
             land
             of
             
               Ireland
               .
            
             Fourthly
             ,
             that
             it
             was
             to
             the
             grievance
             of
             the
             people
             of
             
               Ireland
               .
            
             Fifthly
             ,
             he
             comanded
             
               Iohn
               VVogan
               ,
            
             then
             Chiefe
             Governor
             ,
             not
             to
             presume
             to
             deale
             in
             the
             like
             proceedings
             thereafter
             ;
             I
             marvaile
             not
             a
             little
             ,
             wherefore
             the
             Iudges
             in
             our
             time
             after
             so
             many
             acts
             of
             Parliament
             since
             25.
             
               Edw.
            
             1.
             should
             make
             any
             doubt
             or
             question
             to
             answer
             this
             cleerly
             .
          
           
             My
             Lords
             ,
             
             I
             humbly
             desire
             not
             to
             be
             misconstrued
             in
             the
             debate
             of
             this
             Question
             ,
             
             my
             meaning
             is
             not
             to
             pry
             into
             his
             Majesties
             just
             prerogatives
             .
             
             
               Qui
               enim
               majestatem
               scrutatur
               Principis
               ,
               corruet
               spelndore
               ejus
               ,
            
             the
             old
             saying
             in
             English
             is
             as
             good
             ,
             he
             that
             hewes
             a
             block
             above
             his
             head
             ,
             the
             chipps
             will
             fall
             into
             his
             eyes
             .
             The
             Question
             warrants
             no
             such
             scrutinie
             ,
             I
             may
             not
             officiously
             search
             into
             it
             .
             The
             Question
             is
             onely
             ,
             whether
             grants
             made
             of
             monopolies
             to
             a
             subject
             be
             good
             in
             law
             ,
             And
             whether
             by
             pretext
             of
             such
             grants
             the
             Kings
             free
             people
             may
             loose
             their
             goods
             by
             seisures
             ,
             or
             may
             be
             fined
             ,
             imprisoned
             ,
             pillored
             ,
             &
             papered
             ,
             &c.
             
             Those
             things
             have
             been
             done
             and
             acted
             in
             many
             cases
             ,
             where
             the
             Monopolites
             were
             Iudges
             and
             parties
             ,
             in
             which
             case
             if
             an
             act
             of
             Parliament
             did
             erect
             such
             a
             Iudicatorie
             ,
             it
             were
             void
             ,
             as
             against
             naturall
             Iustice
             ,
             
               Cooke
               8.
               118.
               
               a
               Doctor
               Bonhams
               case
               ;
            
             I
             speake
             to
             that
             thing
             ,
             that
             odious
             thing
             ,
             Monopolie
             ,
             which
             in
             law
             is
             detestable
             
               Cooke
               11.
               53.
               b.
            
             the
             Taylors
             of
             
               Ipswich
               case
               ,
            
             by
             which
             any
             subject
             is
             hindered
             to
             exercise
             his
             lawfull
             trade
             ,
             or
             lawfully
             to
             acquire
             his
             living
             ,
             and
             the
             Condition
             of
             a
             bond
             being
             to
             restraine
             any
             man
             from
             his
             trade
             ,
             the
             bond
             is
             void
             in
             law
             ,
             2
             
               Hen.
               5.
               5.
               b.
               
            
          
           
             In
             this
             case
             the
             Iudge
             
               Hull
            
             swoare
             (
             
               par
               Dieu
            
             )
             if
             hee
             who
             tooke
             this
             bond
             ,
             were
             present
             he
             would
             fine
             him
             to
             the
             King
             ,
             and
             commit
             him
             to
             prison
             ,
             by
             which
             case
             I
             observe
             ,
             that
             the
             consent
             of
             the
             
             partie
             cannot
             make
             it
             good
             ;
             That
             a
             Patent
             of
             any
             such
             
               Monopolies
            
             is
             a
             grievance
             against
             the
             Common
             wealth
             ,
             and
             consequently
             voyd
             in
             law
             ,
             the
             case
             was
             of
             
               Cards
            
             which
             is
             observable
             
               Cook
               11.
               85.
               86.
               87
               &c.
            
             &
             
               Darcy
            
             &
             
               Allens
               Case
            
             There
             is
             a
             Condition
             tacite
             or
             expresse
             in
             every
             grant
             of
             the
             Kings
             ,
             
               Ita
               quod
               patriamagis
               solito
               non
               gravetur
               vel
               oneretur
               ,
               vid.
               Fitz.
               N.
               br
               .
               fol.
            
             222.
             
             Cod.
             
               ad
               quod
               damnum
               .
            
             This
             learning
             is
             so
             cleare
             as
             to
             
               Monopolies
            
             thus
             stated
             ,
             that
             I
             will
             dwell
             no
             longer
             upon
             them
             ,
             as
             
               I
            
             hope
             they
             may
             no
             longer
             reside
             among
             us
             .
             The
             answer
             is
             insufficient
             ;
             as
             in
             the
             case
             of
             a
             new
             invention
             of
             manufactory
             or
             the
             like
             ;
             in
             such
             cases
             a
             Patent
             may
             be
             good
             they
             say
             for
             certaine
             yeares
             ,
             whereas
             the
             yeares
             ought
             to
             be
             competent
             ,
             ten
             thousand
             years
             are
             certaine
             ,
             but
             not
             competent
             ,
             and
             they
             who
             offend
             are
             to
             give
             damage
             in
             an
             ordinary
             Court
             of
             Iustice
             to
             the
             Patentee
             ,
             unto
             which
             they
             adde
             (
             or
             otherwise
             )
             Oh
             ,
             this
             arbitrary
             word
             )
             the
             like
             arbitrary
             advice
             of
             others
             (
             I
             feare
             )
             hath
             occasioned
             this
             
               Question
               .
            
             Where
             
               Monopolies
            
             were
             clearly
             voyde
             ,
             punishments
             were
             inflicted
             upon
             .
             The
             honest
             man
             ,
             and
             the
             
               Monopolist
            
             escaped
             ,
             they
             answer
             nothing
             to
             the
             losse
             of
             goods
             ,
             heavy
             fines
             ,
             mutillation
             of
             members
             ,
             the
             before
             recited
             statutes
             direct
             cleare
             answers
             to
             these
             particulars
             .
          
           
           
             
               My
               Lords
               ,
            
             the
             statute
             of
             
               Magna
               Charta
               cap.
               30.
               (
               quod
               omnes
               Mercatores
               tam
               indigenae
               quam
               alienigenae
            
             )
             have
             free
             passage
             
               sine
               omnibus
               malis
               tolnetis
               ,
               &
               consuetudinibus
               ex
               Anglia
               &
               in
               Anglia
               ,
               nisiantea
               publicè
               prohibiti
               fuerunt
               ,
            
             the
             subsequent
             statutes
             declaring
             many
             oppressions
             and
             grievances
             occasioned
             by
             restraints
             in
             trade
             and
             Commerce
             made
             trade
             free
             for
             victuall
             and
             merchandises
             ,
             and
             in
             them
             
               Nisi
               ,
               &c.
            
             is
             omitted
             as
             the
             statute
             of
             9.
             
               Edw.
               3.
               c.
               1.
               25.
               Edw.
               3.
               cap.
               2.
               2.
               Rich.
               2.
               cap.
               1.
               11.
               
               Rich.
               2.
               cap.
               7.
               16.
               
               Rich.
               2.
               cap.
            
             1.
             these
             statutes
             give
             double
             damage
             to
             the
             party
             and
             the
             offender
             to
             be
             imprisoned
             .
          
           
             The
             statute
             of
             21.
             
             
               Iacob
               ,
               c.
            
             3.
             in
             
               England
               ,
            
             against
             
               Monopolies
               ,
            
             in
             the
             exception
             of
             new
             inventions
             limits
             the
             time
             to
             a
             reasonable
             number
             of
             yeares
             ,
             
               viz.
            
             fourteene
             yeares
             or
             under
             ,
             whether
             the
             heavie
             punishments
             aforesaid
             ,
             can
             be
             in
             this
             case
             especially
             the
             private
             interest
             of
             a
             subject
             being
             therein
             onely
             or
             mainly
             concerned
             ,
             
               Magna
               Charta
               cap.
            
             29.
             gives
             me
             a
             cleere
             answer
             and
             satisfactory
             ;
             
               Nullus
               liber
               homo
               capiatur
               ,
               imprisonetur
               ,
               disseifietur
               vel
               aliquo
               modo
               destruatur
               ,
               &c.
               nisi
               per
               judicium
               parium
               &
               legem
               terrae
               ,
            
             if
             this
             be
             law
             or
             a
             lawfull
             statute
             as
             no
             doubt
             it
             is
             ,
             the
             question
             is
             soone
             answered
             .
          
           
             
               My
               Lords
               ,
            
             by
             this
             time
             you
             know
             ,
             how
             the
             Innocent
             was
             actually
             punished
             ,
             in
             these
             cases
             ;
             Now
             
             it
             is
             time
             ,
             and
             not
             improper
             to
             shew
             how
             the
             Nocent
             ought
             to
             be
             punished
             ,
             who
             tooke
             unlawfull
             
               Monopolies
               ,
            
             &
             seised
             the
             subjects
             goods
             by
             violence
             ,
             imprisoned
             ,
             fined
             ,
             mutilated
             ,
             and
             destroyed
             the
             Kings
             people
             ,
             and
             caused
             all
             the
             evils
             that
             depended
             therevpon
             ;
             For
             that
             ,
             
               my
               Lords
               ,
            
             it
             is
             not
             within
             my
             charge
             ,
             yet
             I
             hope
             it
             shall
             not
             remaine
             unrepresented
             by
             the
             house
             of
             Commons
             ,
             nor
             unremembred
             by
             your
             Lordships
             in
             due
             time
             .
          
           
             To
             this
             the
             Iudges
             answered
             nothing
             ,
             
             but
             with
             a
             reference
             to
             their
             answer
             to
             the
             third
             ,
             
             whereas
             in
             truth
             this
             comprehends
             two
             matters
             besides
             of
             great
             weight
             and
             consideration
             ,
             first
             whereas
             the
             third
             question
             concerneth
             the
             decision
             at
             Counsell-board
             of
             matters
             of
             interest
             onely
             ,
             This
             question
             is
             of
             matters
             of
             punishment
             ,
             in
             an
             extrajudiciall
             way
             ,
             secondly
             this
             question
             demands
             knowledge
             of
             the
             punishment
             due
             to
             such
             as
             vote
             for
             such
             extrajudiciall
             punishments
             ,
             to
             these
             mayne
             matters
             there
             is
             no
             answer
             at
             all
             .
          
           
             
               My
               Lords
               ,
            
             the
             statutes
             and
             authorities
             before
             mentioned
             upon
             the
             third
             and
             fourth
             questions
             against
             the
             determination
             at
             Councell-board
             ,
             or
             before
             the
             chiefe
             Governor
             in
             matters
             of
             interest
             ,
             do
             cleare
             this
             businesse
             ,
             as
             to
             the
             punishments
             depending
             upon
             those
             interests
             ,
             although
             not
             
               è
               converso
               .
            
             
             And
             as
             for
             such
             as
             voted
             ,
             and
             acted
             therein
             if
             they
             besworne
             Iudges
             of
             the
             law
             ,
             the
             before
             recited
             Oath
             of
             18.
             
               Edw.
            
             3.
             declares
             enough
             .
          
           
             His
             Majesty
             at
             his
             Coronation
             is
             bound
             by
             Oath
             to
             execute
             justice
             to
             his
             people
             according
             to
             the
             lawes
             ,
             this
             great
             trust
             the
             King
             commits
             to
             his
             Iudges
             ,
             who
             take
             a
             great
             Oath
             to
             discharge
             this
             trust
             ,
             if
             they
             fayle
             therein
             .
             
               Sir
               VVilliam
               Thorp
            
             in
             
               Edward
            
             the
             3.
             time
             for
             breaking
             this
             oath
             in
             poore
             things
             ,
             was
             indicted
             thus
             .
             
               Quia
               praedictus
               VVillielmus
               Thorp
               habuit
               Sacramentum
               Domini
               Regis
               erga
               populum
               suum
               ,
               ad
               custodiendum
               ,
               illud
               fregit
               malitiosè
               ,
               falsé
               &
               rebellitèr
               ,
               quantum
               in
               ipso
               fuit
               ,
            
             this
             extends
             to
             a
             Iudge
             onely
             who
             tooke
             that
             Oath
             ,
             
               &
               habuit
               leges
               terrae
               ad
               custodiendum
               .
            
          
           
             The
             trust
             betweene
             the
             King
             and
             his
             people
             is
             threefold
             ;
             First
             as
             betweene
             Soveraigne
             and
             Subject
             ,
             Secondly
             ,
             as
             betweene
             a
             Father
             and
             his
             Children
             ,
             
               under
               Pater
               Patriae
               ;
            
             Thirdly
             ,
             as
             betweene
             Husband
             and
             Wife
             ,
             this
             trust
             is
             comprehensive
             of
             the
             whole
             body
             politicke
             ,
             And
             for
             any
             Magistrate
             or
             private
             person
             to
             advise
             ,
             or
             contrive
             the
             breach
             of
             this
             trust
             in
             any
             part
             ,
             is
             of
             all
             things
             in
             this
             world
             the
             most
             dangerous
             (
             
               vae
               homini
               illi
               .
            
             )
          
           
             First
             ,
             
             I
             doe
             conceive
             that
             an
             act
             of
             state
             or
             Proclamation
             cannot
             alter
             the
             Common-law
             ,
             
             nor
             restrayne
             
             the
             old
             ,
             nor
             introduce
             a
             new
             law
             ,
             and
             that
             the
             same
             hath
             no
             power
             ,
             or
             force
             to
             bind
             the
             goods
             lands
             ,
             possessions
             ,
             or
             inheritance
             of
             the
             subject
             ,
             but
             that
             the
             infringing
             thereof
             is
             onely
             a
             contempt
             ,
             which
             may
             bee
             punished
             in
             the
             person
             of
             the
             delinquent
             ,
             where
             the
             Proclamation
             is
             consonant
             ,
             and
             agreeable
             to
             the
             lawes
             ,
             and
             statutes
             of
             the
             kingdome
             ,
             or
             for
             the
             publicke
             good
             ,
             and
             not
             against
             law
             ,
             and
             not
             otherwise
             punishable
             .
          
           
             I
             do
             conceive
             ,
             that
             a
             Proclamation
             is
             a
             branch
             of
             the
             Kings
             prerogative
             ,
             and
             that
             the
             same
             is
             usefull
             and
             necessary
             in
             some
             cases
             ,
             where
             it
             is
             not
             against
             the
             law
             ,
             wherein
             the
             publicke
             weale
             is
             interested
             ,
             or
             concerned
             ,
             but
             that
             any
             clause
             therein
             ,
             contayning
             forfeyture
             of
             the
             goods
             ,
             lands
             ,
             or
             inheritance
             of
             the
             subjects
             ,
             is
             meerely
             voyde
             ;
             for
             otherwise
             this
             inconvenience
             will
             ensue
             ,
             That
             Proclamations
             or
             acts
             of
             state
             ,
             may
             bee
             made
             in
             all
             cases
             ,
             and
             in
             all
             matters
             to
             bind
             the
             libertie
             ,
             goods
             ,
             and
             lands
             of
             the
             subjects
             ;
             and
             then
             the
             Courts
             of
             Iustice
             that
             have
             flourished
             for
             so
             many
             ages
             may
             be
             shut
             up
             ,
             for
             want
             of
             use
             of
             the
             law
             ,
             or
             execution
             thereof
             ,
             and
             there
             is
             no
             case
             where
             an
             offence
             is
             committed
             against
             law
             ,
             but
             the
             law
             will
             find
             out
             away
             to
             punish
             the
             delinquent
             .
          
           
           
             The
             King
             by
             his
             proclamation
             ,
             
             may
             inhibit
             his
             subject
             that
             he
             shall
             not
             goe
             beyond
             Sea
             out
             of
             this
             Realme
             without
             his
             licence
             ,
             and
             this
             without
             any
             writt
             ,
             or
             other
             Commandement
             to
             his
             subject
             .
             for
             perchance
             the
             King
             may
             not
             finde
             his
             subject
             ,
             or
             know
             where
             he
             is
             ,
             And
             if
             the
             subject
             will
             goe
             out
             of
             the
             Kings
             Realmes
             contrary
             to
             this
             proclamation
             ,
             this
             is
             a
             contempt
             ,
             and
             he
             shall
             be
             fined
             to
             the
             King
             for
             the
             same
             ,
             as
             saith
             
               Fitz-Herbert
               ,
            
             that
             such
             a
             proclamation
             can
             prohibit
             the
             Kings
             subjects
             to
             repayre
             into
             
               England
               ,
            
             for
             
               England
            
             is
             our
             Mother
             ,
             and
             though
             the
             Sea
             divide
             us
             ,
             that
             Sea
             is
             the
             Kings
             ,
             and
             therefore
             it
             is
             not
             
               pars
               extra
            
             in
             this
             sense
             .
          
           
             It
             seemes
             by
             the
             Lord
             Chauncellor
             
               Egertons
            
             argument
             upon
             the
             
               case
            
             of
             
               post
               nati
               ,
            
             
             that
             a
             proclamation
             cannot
             binde
             the
             goods
             ,
             lands
             ,
             or
             inheritance
             of
             the
             subjects
             .
          
           
             A
             provision
             was
             made
             
               in
               haec
               verba
               ,
            
             
             
               Promissum
               est
               coram
               Domino
               Rege
               Archiepiscopus
               ,
            
             
             
               Comitibus
               ,
               &
               Baronibus
               quod
               nulla
               assis
               ultimae
               praesentationis
               de
               caetero
               capiatur
               de
               Ecclesiasticis
               praebendatis
               ,
               nec
               de
               praebendis
               ,
            
             but
             I
             doe
             not
             finde
             any
             forfeyture
             or
             penaltie
             upon
             the
             libertie
             ,
             goods
             ,
             or
             lands
             of
             him
             that
             would
             bring
             an
             assize
             of
             
               Daren
               ,
            
             presentment
             for
             a
             prebendary
             .
          
           
           
             
               I
               doe
               finde
               that
               a
               provision
               was
               made
            
             in
             haec
             verba
             Promissum
             est
             à
             Consilio
             Regis
             quod
             nullus
             de
             potestate
             Regis
             Franciae
             respondeat
             in
             Anglia
             antequam
             Anglici
             de
             jure
             suo
             in
             terra
             Regis
             Franciae
             ,
             
             &c.
             
             
               Yet
               by
               that
               provision
               no
               forfeyture
               upon
               the
               lands
               ,
               or
               goods
               of
               him
               who
               sued
            
             a
             Frenchman
             
               in
            
             England
             
               at
               that
               time
               .
            
          
           
             It
             is
             true
             that
             a
             Custome
             may
             bee
             contrary
             to
             the
             law
             ,
             
             and
             yet
             allowable
             ,
             because
             that
             it
             may
             have
             a
             lawfull
             commencement
             ,
             and
             continuall
             usage
             hath
             given
             it
             the
             force
             of
             a
             law
             ,
             
               Consuetudo
               ex
               certa
               rationabili
               causa
               vsitata
               privat
               communem
               legem
               ,
            
             but
             no
             proclamation
             or
             act
             of
             state
             may
             alter
             law
             .
          
           
             For
             example
             sake
             ,
             at
             Common-law
             a
             Proclamation
             cannot
             make
             lands
             devisable
             ,
             which
             are
             not
             devisable
             by
             the
             law
             ,
             nor
             alter
             the
             course
             of
             descent
             .
          
           
             The
             King
             by
             his
             Letters-patents
             cannot
             doe
             the
             same
             ,
             
             nor
             grant
             lands
             to
             bee
             ancient
             
               demesne
            
             at
             this
             day
             ,
             
             nor
             make
             lands
             to
             be
             descendible
             according
             the
             course
             of
             
               Gavelkind
            
             or
             
               Borrough
               English
               ,
            
             unlesse
             that
             the
             custome
             of
             the
             place
             doth
             warrant
             the
             same
             ,
             nor
             
               Gavelkind
            
             land
             to
             be
             descendible
             according
             the
             course
             of
             law
             ,
             
               à
               fortiori
            
             an
             act
             of
             state
             ,
             or
             proclamation
             ,
             which
             I
             hold
             to
             bee
             of
             
             lesse
             force
             then
             the
             Kings
             patent
             under
             the
             great
             Seale
             cannot
             doe
             it
             .
          
           
             And
             in
             the
             
               case
            
             of
             
               Irish
               Gavelkind
               ,
            
             it
             is
             not
             the
             proclamation
             ,
             or
             act
             of
             state
             ,
             that
             did
             abolish
             ,
             or
             alter
             it
             ,
             but
             the
             very
             custome
             was
             held
             to
             be
             unreasonable
             and
             repugnant
             to
             law
             .
          
           
             If
             an
             act
             of
             state
             bee
             made
             ,
             
             that
             none
             within
             the
             kingdome
             shall
             make
             
               Cards
            
             but
             
               Iohn
            
             at
             
               Stile
               ,
            
             this
             act
             is
             voyde
             ,
             for
             the
             King
             himselfe
             ,
             cannot
             grant
             a
             Patent
             under
             his
             great
             Seale
             ,
             to
             any
             one
             man
             for
             the
             sole
             feazance
             of
             
               Cards
               ;
            
             So
             it
             is
             of
             all
             proclamations
             or
             acts
             of
             state
             ,
             that
             are
             to
             the
             prejudice
             of
             Trafficke
             ,
             trade
             or
             Merchant
             affaires
             ,
             or
             for
             raysing
             of
             
               Monopolies
               ,
            
             or
             against
             the
             freedome
             and
             libertie
             of
             the
             subjects
             ,
             or
             the
             publicke
             good
             ,
             as
             I
             said
             before
             .
          
           
             Also
             if
             proclamations
             ,
             or
             acts
             of
             state
             may
             alter
             the
             law
             ,
             or
             bind
             the
             libertie
             ,
             goods
             ,
             or
             lands
             of
             the
             subjects
             ,
             then
             will
             acts
             of
             Parliaments
             bee
             to
             no
             purpose
             ,
             which
             doe
             represent
             the
             whole
             body
             of
             the
             kingdome
             ,
             and
             are
             commonly
             for
             creating
             of
             good
             and
             wholesome
             lawes
             .
          
           
             Therefore
             I
             conceive
             ,
             that
             all
             proclamations
             made
             against
             law
             ,
             are
             absolutely
             voyde
             ,
             and
             that
             the
             infringers
             thereof
             ought
             not
             to
             loose
             ,
             or
             forfeyte
             their
             liberty
             ,
             goods
             ,
             or
             lands
             .
          
           
           
             And
             for
             the
             punishment
             of
             such
             Iudges
             that
             vote
             herein
             ,
             I
             referre
             to
             the
             sixt
             ,
             they
             deny
             to
             answer
             to
             this
             question
             .
          
           
             This
             answer
             is
             generall
             and
             dangerous
             withall
             ,
             
             it
             is
             generall
             ,
             
             
               viz.
            
             they
             know
             no
             ordinary
             rule
             of
             law
             for
             it
             ,
             they
             ought
             to
             declare
             the
             law
             against
             it
             ,
             the
             right
             use
             of
             it
             here
             they
             commend
             ,
             and
             yet
             they
             doe
             not
             describe
             that
             right
             use
             ,
             therefore
             they
             commend
             two
             things
             ,
             the
             one
             the
             life
             of
             a
             subject
             to
             be
             left
             to
             Marshall
             law
             in
             time
             of
             peace
             ,
             the
             other
             they
             leave
             it
             likewise
             discretionary
             when
             they
             describe
             not
             the
             right
             use
             ,
             their
             last
             resort
             is
             to
             the
             Kings
             prerogative
             .
          
           
             I
             have
             said
             before
             ,
             that
             Lawyers
             write
             the
             King
             can
             doe
             no
             wrong
             ,
             and
             sure
             I
             am
             our
             King
             meanes
             no
             wrong
             ,
             the
             Kings
             of
             
               England
            
             did
             never
             make
             use
             of
             their
             prerogative
             to
             the
             destruction
             of
             the
             subject
             ,
             nor
             to
             take
             away
             his
             life
             nor
             libertie
             ,
             but
             by
             lawfull
             meanes
             .
             I
             conceive
             this
             advise
             should
             become
             the
             Iudges
             ,
             other
             advise
             they
             find
             not
             in
             their
             law
             Bookes
             ;
             The
             statute
             of
             
               Magna
               Charta
               cap.
            
             29.
             and
             5.
             
               Edw.
               3.
               cap.
            
             9.
             the
             petition
             of
             right
             ,
             the
             third
             of
             King
             
               Charles
            
             in
             full
             Parliament
             declared
             ,
             Tell
             them
             ,
             nay
             doe
             convince
             them
             ,
             that
             no
             man
             in
             time
             of
             peace
             can
             bee
             executed
             by
             Marshall
             law
             .
             
          
           
           
             
               My
               Lords
               ,
            
             I
             could
             wish
             the
             Iudges
             had
             timely
             stood
             in
             the
             right
             opposition
             to
             the
             drawing
             of
             causes
             proper
             for
             the
             Kings
             Courts
             to
             an
             
               aliud
               examen
               ,
            
             the
             improper
             and
             unlawfull
             examen
             thereof
             on
             paper
             petitions
             ,
             whereby
             the
             Kings
             Iustice
             ,
             and
             Courts
             were
             most
             defrauded
             ,
             whereas
             an
             arbitrement
             being
             a
             principall
             meane
             to
             compose
             differences
             arising
             betweene
             neighbours
             ,
             and
             to
             settle
             amitie
             betweene
             them
             ,
             without
             expence
             ,
             of
             time
             or
             money
             was
             a
             course
             approved
             by
             law
             ,
             all
             our
             Bookes
             are
             full
             of
             this
             .
          
           
             It
             is
             by
             consent
             of
             parties
             by
             arbitrators
             indifferently
             chosen
             ,
             bonds
             for
             performance
             thereof
             are
             not
             voyde
             in
             law
             ,
             and
             Iudgements
             given
             upon
             arbitrements
             ,
             and
             such
             bonds
             in
             our
             Bookes
             without
             question
             or
             contradiction
             to
             the
             lawfullnesse
             of
             an
             arbitrement
             or
             bond
             in
             proper
             Cases
             ,
             the
             principall
             good
             wrought
             by
             them
             ,
             was
             the
             hindering
             of
             suites
             ,
             &
             debates
             at
             law
             ,
             therfore
             that
             exception
             fals
             of
             it selfe
             ,
             then
             I
             am
             to
             consider
             ,
             how
             far
             an
             Oath
             in
             the
             particular
             is
             punishable
             ,
             I
             will
             not
             speake
             of
             an
             Oath
             exacted
             ,
             or
             tendered
             ,
             that
             is
             not
             the
             question
             ,
             the
             question
             is
             of
             a
             voluntary
             Oath
             ,
             which
             the
             arbitrator
             cannot
             hinder
             ,
             I
             speake
             not
             to
             the
             commendation
             of
             any
             such
             Oath
             ,
             nor
             doe
             I
             approve
             of
             any
             Oath
             ,
             other
             then
             
             that
             which
             is
             taken
             before
             a
             Magistrate
             ,
             who
             derives
             his
             authoritie
             from
             the
             King
             ,
             the
             fountaine
             of
             Iustice
             ,
             but
             onely
             how
             farre
             this
             Oath
             is
             punishable
             by
             the
             late
             statute
             ,
             10.
             
             
               Caroli
               fol.
            
             109.
             a
             prophane
             Oath
             is
             punished
             by
             the
             payment
             of
             twelve
             pence
             ,
             &
             no
             more
             ,
             
               vide
               stat
               .
               of
               :
               Marl.
               cap
               23.
               52.
               
               Hen.
            
             3.
             viz.
             
               Nullus
               de
               caetero
               possit
               distringere
               liber
               '
               tenentes
               suos
               &c.
               nec
               jurare
               faciat
               libere
               tenentes
               suos
               contra
               voluntatem
               suam
               ,
               quia
               nullus
               facere
               potest
               sine
               praecepto
               Domini
               Regis
               ,
            
             which
             statute
             teacheth
             us
             ,
             that
             an
             exacted
             or
             compulsive
             Oath
             ,
             is
             by
             the
             Kings
             authority
             ,
             a
             voluntarie
             Oath
             is
             not
             reprehended
             ,
             19.
             
               Edw.
               4.
               1.
               a.
            
             It
             was
             not
             reprehended
             in
             the
             case
             of
             an
             arbitrement
             ,
             this
             voluntarie
             Oath
             is
             punishable
             in
             the
             
               Star-chamber
               ,
            
             as
             the
             Iudges
             would
             affirme
             ,
             which
             I
             conceive
             to
             bee
             against
             the
             law
             :
             First
             ,
             for
             that
             wee
             cannot
             learne
             any
             president
             in
             
               England
            
             for
             it
             ,
             It
             was
             but
             lately
             introduced
             here
             ,
             therefore
             the
             house
             of
             Commons
             is
             unsatisfied
             with
             the
             answer
             to
             this
             question
             ,
             in
             
               Boyton
            
             and
             
               Leonards
               case
            
             in
             the
             
               Star-chamber
            
             in
             
               Ireland
               ,
               Boyton
            
             was
             dismissed
             in
             a
             Case
             to
             this
             purpose
             about
             the
             yeare
             1630.
             or
             1631.
             
          
           
             It
             hath
             beene
             the
             late
             introduced
             course
             of
             the
             
               Castle-chamber
               ,
            
             
             and
             
               Councell-table
            
             not
             to
             admit
             the
             party
             censured
             to
             the
             reducement
             of
             his
             fine
             ,
             
             before
             
             hee
             acknowledged
             the
             justnesse
             of
             the
             sentence
             pronounced
             against
             him
             ,
             and
             that
             for
             divers
             reasons
             ,
             First
             ,
             the
             course
             of
             a
             Court
             being
             as
             ancient
             ,
             as
             the
             Court
             ,
             and
             standing
             with
             law
             is
             
               Curiae
               lex
               ,
            
             as
             appeareth
             by
             our
             bookes
             ,
             2.
             
               Co.
               16.
               b.
               Lanes
               case
               17.
               
               Long
               5.
               Edw.
            
             4.
             1.
             but
             if
             it
             be
             a
             course
             introduced
             
               de
               novo
            
             in
             mans
             memorie
             ,
             or
             a
             course
             that
             is
             against
             law
             ,
             it
             cannot
             be
             said
             to
             be
             
               lex
               Curiae
               ,
            
             for
             
               consuetudo
               licet
               sit
               magnae
               authoritatis
               nunquam
               tamen
               praejudicat
               manifestae
               veritati
               .
            
          
           
             Let
             us
             therefore
             examine
             the
             course
             alleadged
             here
             ,
             in
             both
             those
             points
             ,
             and
             if
             it
             be
             found
             to
             faile
             in
             eyther
             of
             them
             it
             is
             to
             be
             rejected
             .
          
           
             As
             to
             the
             first
             ,
             I
             cannot
             find
             or
             read
             any
             president
             of
             it
             untill
             of
             late
             ,
             and
             the
             usage
             of
             it
             for
             a
             few
             yeares
             cannot
             make
             it
             to
             be
             
               cursus
               Curiae
            
             which
             ought
             to
             bee
             a
             custome
             used
             time
             beyond
             the
             memory
             of
             man
             .
          
           
             As
             to
             the
             second
             ,
             it
             is
             confessed
             by
             the
             Iudges
             ,
             that
             they
             know
             no
             law
             to
             warrant
             this
             course
             ,
             let
             us
             see
             then
             whether
             it
             be
             against
             law
             ,
             or
             standeth
             with
             the
             law
             ,
             and
             I
             conceive
             it
             is
             against
             law
             for
             divers
             reasons
             .
          
           
             First
             ,
             by
             the
             Common-law
             ,
             if
             a
             judgement
             be
             given
             against
             a
             man
             after
             a
             verdict
             of
             twelve
             men
             ,
             which
             is
             the
             chiefe
             and
             cleare
             proofe
             which
             the
             
             law
             looketh
             upon
             ,
             or
             upon
             a
             demurrer
             after
             solemne
             argument
             he
             shall
             in
             the
             one
             case
             have
             an
             attainte
             against
             the
             Iury
             ,
             &
             in
             the
             other
             a
             writ
             of
             error
             to
             reverse
             the
             judgement
             ;
             but
             in
             this
             case
             by
             the
             confession
             of
             the
             justnesse
             of
             the
             sentence
             all
             the
             meanes
             to
             reverse
             the
             sentence
             is
             taken
             away
             ,
             and
             therefore
             contrary
             to
             law
             ,
             and
             reason
             .
             Whereas
             by
             the
             Common-law
             ,
             fines
             ought
             to
             bee
             moderate
             
               secundum
               quantitatem
               delicti
               in
               reformationem
               &
               non
               in
               destructionem
               ,
            
             of
             late
             times
             ,
             the
             fines
             have
             beene
             so
             high
             in
             destruction
             of
             the
             party
             in
             the
             
               Castle-chamber
               ,
            
             as
             his
             whole
             family
             and
             himselfe
             ,
             if
             hee
             did
             pay
             the
             fine
             should
             bee
             driven
             to
             begge
             ,
             and
             without
             performance
             of
             the
             sentence
             hee
             could
             not
             be
             admitted
             to
             reverse
             the
             sentence
             ,
             in
             respect
             of
             all
             which
             ,
             howbeit
             in
             his
             conscience
             he
             is
             not
             guiltie
             ,
             yet
             to
             gaine
             his
             libertie
             ,
             and
             save
             part
             of
             his
             estate
             ,
             hee
             is
             necessitated
             to
             acknowledge
             the
             justnesse
             of
             the
             sentence
             ,
             so
             that
             the
             confession
             is
             extorted
             from
             him
             ,
             and
             consequently
             is
             against
             law
             .
          
           
             Third
             reason
             if
             the
             fine
             were
             
               secundum
               quantitatem
               delicti
               ,
            
             as
             it
             ought
             to
             be
             without
             danger
             of
             destruction
             ,
             the
             reducement
             of
             the
             fine
             had
             not
             been
             so
             necessarie
             :
             and
             therefore
             no
             just
             ground
             for
             this
             confession
             .
          
           
           
             Lastly
             ,
             the
             confession
             of
             the
             party
             after
             sentence
             doth
             rather
             blemish
             the
             sentence
             then
             any
             way
             cleare
             it
             ,
             for
             the
             confession
             comming
             after
             the
             sentence
             ,
             which
             ought
             to
             be
             just
             in
             it selfe
             can
             adde
             nothing
             to
             it
             but
             draw
             suspition
             upon
             it
             ,
             and
             in
             that
             respect
             a
             confession
             is
             strayned
             ,
             the
             racke
             used
             by
             the
             course
             of
             the
             Civill
             law
             in
             criminall
             causes
             ,
             to
             cleare
             the
             conscience
             of
             the
             Iudge
             to
             proceede
             to
             sentence
             ,
             is
             intollerable
             in
             our
             Common-law
             .
          
           
             And
             therefore
             this
             course
             being
             an
             innovation
             against
             law
             ,
             &
             without
             any
             reasonable
             ground
             ;
             the
             said
             Iudges
             ought
             in
             their
             said
             answer
             to
             declare
             so
             much
             ,
             to
             the
             end
             a
             course
             might
             bee
             taken
             for
             abolishing
             the
             same
             .
          
           
             This
             answer
             I
             will
             not
             now
             draw
             into
             question
             ,
             
             I
             could
             wish
             the
             rest
             were
             answered
             no
             worse
             .
             
          
           
             What
             power
             have
             the
             Barons
             of
             the
             Court
             of
             
               Exchequer
            
             to
             rayse
             the
             respite
             of
             homage
             arbitrarily
             ,
             
             &c.
             
             
          
           
             Vnto
             this
             they
             answer
             ,
             that
             untill
             the
             Kings
             Tenant
             by
             knights
             service
             in
             
               capite
            
             hath
             done
             his
             homage
             ,
             the
             ancient
             course
             of
             the
             
               Exchequer
            
             hath
             beene
             ,
             and
             still
             is
             ,
             to
             issue
             processe
             ,
             to
             distrayne
             the
             tenants
             
               ad
               faciendum
               homagium
               ,
            
             or
             
               ad
               faciendum
               finem
               pro
               homagio
               suo
               respectuando
               ,
            
             upon
             which
             processe
             
             the
             Sheriffe
             returnes
             issues
             ,
             and
             if
             the
             tenant
             doe
             not
             appeare
             ,
             and
             compound
             with
             the
             King
             to
             give
             a
             fine
             for
             respite
             of
             homage
             ,
             then
             the
             issues
             are
             forfeyted
             to
             the
             King
             .
             But
             if
             the
             Kings
             tenant
             will
             appeare
             ,
             the
             Court
             of
             the
             
               Exchequer
            
             doth
             agree
             with
             him
             to
             respite
             his
             homage
             for
             a
             small
             fine
             .
          
           
             They
             say
             further
             ,
             
             that
             it
             resteth
             in
             the
             discretion
             of
             the
             Court
             by
             the
             rule
             of
             the
             Common-law
             to
             lay
             downe
             a
             fine
             for
             respite
             of
             homage
             ,
             
             according
             to
             the
             yearely
             value
             of
             the
             said
             lands
             ,
             which
             I
             conceive
             to
             be
             very
             unreasonable
             and
             inconvenient
             ,
             that
             it
             should
             lye
             in
             the
             power
             of
             any
             to
             assesse
             a
             fine
             for
             respite
             of
             homage
             ,
             such
             as
             to
             him
             shall
             be
             thought
             meete
             in
             discretion
             ,
             for
             if
             so
             hee
             may
             raise
             the
             fine
             to
             such
             a
             summe
             ,
             as
             may
             exceed
             the
             very
             value
             of
             the
             lands
             .
             Neyther
             hath
             the
             same
             beene
             the
             ancient
             course
             ,
             for
             it
             appeares
             by
             severall
             ancient
             Records
             ,
             and
             by
             an
             Order
             of
             the
             Court
             of
             
               Exchequer
            
             made
             
               Termino
               pascae
            
             1607.
             that
             there
             should
             be
             payed
             for
             respiting
             of
             homage
             for
             every
             Towneship
             xx
             .
             d.
             
             
               Irish
               ,
            
             and
             for
             every
             Mannor
             xxxx
             .
             d.
             
             
               Irish
               ,
            
             and
             that
             such
             as
             hold
             severall
             houses
             ,
             acres
             ,
             or
             parcels
             of
             land
             ,
             which
             are
             not
             Mannors
             ,
             nor
             Towneship
             shall
             pay
             for
             everie
             hundred
             and
             twentie
             Acres
             of
             Land
             ,
             Meadow
             ,
             and
             
             pasture
             ,
             or
             of
             any
             of
             them
             xx
             .
             d.
             
             
               Irish
               ,
            
             and
             no
             more
             ,
             and
             according
             to
             that
             rate
             ,
             and
             proportion
             if
             a
             greater
             ,
             or
             lesser
             number
             of
             Acres
             ,
             and
             for
             every
             house
             without
             ground
             iiij
             .
             d.
             
             
               Irish
               ,
            
             
             and
             of
             Cottages
             ,
             or
             Farme
             houses
             which
             bee
             upon
             the
             Lands
             ,
             no
             fine
             to
             bee
             payed
             for
             them
             solely
             alone
             .
          
           
             And
             I
             conceive
             where
             a
             man
             holdeth
             severall
             parcels
             of
             land
             of
             the
             King
             by
             severall
             homages
             ,
             that
             in
             such
             case
             he
             is
             to
             pay
             but
             for
             one
             respite
             of
             homage
             onely
             and
             no
             more
             ,
             for
             that
             a
             man
             is
             to
             doe
             homage
             but
             once
             ,
             and
             consequently
             to
             pay
             for
             one
             respite
             of
             homage
             onely
             .
          
           
             The
             late
             course
             in
             the
             
               Exchequer
            
             here
             hath
             been
             contrary
             ,
             whereas
             in
             their
             answer
             they
             goe
             in
             the
             
               Exchequer
               ,
            
             according
             to
             the
             statute
             of
             
               primo
               Iacobi
               cap.
            
             26.
             in
             
               England
               ,
            
             under
             their
             favour
             they
             goe
             cleare
             contrary
             ,
             for
             that
             statute
             was
             made
             in
             confirmation
             ,
             and
             pursuance
             of
             former
             Orders
             in
             the
             
               Exchequer
               :
            
             Whereas
             the
             Barons
             here
             goe
             directly
             contrary
             to
             the
             ancient
             course
             and
             Order
             of
             the
             
               Exchequer
            
             in
             this
             kingdome
             ,
             more
             of
             this
             in
             my
             reason
             or
             ground
             for
             this
             question
             .
             So
             I
             conclude
             their
             answer
             to
             this
             is
             short
             .
          
           
             
               My
               Lords
               ,
            
             
             the
             question
             contaynes
             two
             points
             ,
             First
             ,
             
             whether
             the
             subject
             of
             this
             kingdome
             is
             
             censurable
             for
             to
             repayre
             into
             
               England
               ,
            
             to
             appeale
             to
             his
             Majesty
             for
             redresse
             of
             injuries
             ,
             or
             for
             his
             lawfull
             occasions
             ;
             Secondly
             why
             ,
             what
             condition
             of
             persons
             ,
             and
             by
             what
             law
             ?
          
           
             The
             first
             part
             of
             the
             Iudges
             their
             answer
             is
             positive
             and
             full
             ,
             
               viz.
            
             They
             know
             no
             law
             or
             statute
             for
             such
             censure
             (
             nor
             I
             neyther
             )
             and
             could
             wish
             they
             had
             stayed
             there
             .
             In
             the
             second
             part
             of
             their
             answer
             ,
             they
             come
             with
             an
             
               if
               ,
               viz.
            
             unlesse
             they
             be
             prohibited
             by
             his
             Majesties
             writ
             ,
             proclamation
             ,
             or
             command
             ,
             and
             make
             mention
             of
             the
             statute
             of
             5.
             
             
               Rich.
               2.
               cap.
            
             2.
             in
             
               England
               ,
            
             and
             25.
             
             
               Henr.
            
             6.
             cap.
             2.
             in
             
               Ireland
               ,
            
             I
             will
             onely
             speake
             to
             the
             second
             part
             of
             this
             answer
             .
          
           
             
               My
               Lords
               ,
            
             the
             house
             of
             Commons
             in
             the
             discussion
             of
             this
             point
             tooke
             two
             things
             into
             consideration
             ,
             First
             what
             the
             Common-law
             was
             in
             such
             cases
             ;
             Secondly
             ,
             what
             alteration
             was
             made
             of
             the
             Common-law
             by
             the
             statute
             of
             5.
             
             
               Rich.
               2.
               cap.
            
             2.
             in
             
               England
               ,
            
             and
             25.
             
             
               Henr.
               6.
               cap.
            
             2.
             in
             
               Ireland
               ,
            
             as
             to
             the
             subjects
             of
             
               Ireland
               .
            
             As
             for
             the
             first
             the
             
               Register
            
             hath
             a
             writ
             framed
             in
             the
             point
             ,
             
               viz.
            
             the
             writ
             
               De
               securitate
               in
               venienda
               quod
               se
               non
               divertat
               ad
               partes
               extras
               sine
               licentia
               Domini
               Regis
               ,
               Fitz.
               Natur.
               br
               .
               fol.
            
             85
             the
             words
             of
             this
             writ
             cleares
             the
             Common-law
             in
             the
             point
             ,
             it
             begins
             with
             a
             
               datum
               est
               nobis
               intelligi
               ,
               
               &c.
               
            
             The
             King
             being
             informed
             that
             such
             person
             or
             persons
             in
             particular
             doe
             intend
             to
             goe
             ,
             whether
             
               ad
               partes
               exteras
               ,
               viz.
            
             foraigne
             Countries
             ,
             to
             what
             purpose
             ,
             to
             prosecute
             matters
             to
             the
             prejudice
             of
             the
             King
             &
             his
             Crowne
             ,
             the
             King
             in
             such
             a
             case
             by
             his
             writ
             ,
             warrant
             ,
             or
             Command
             under
             the
             great
             Seale
             ,
             privie
             Seale
             ,
             privy
             Signet
             or
             by
             proclamation
             ,
             may
             command
             any
             subject
             not
             to
             depart
             the
             kingdome
             without
             the
             Kings
             licence
             ;
             this
             writ
             is
             worthy
             to
             be
             observed
             ,
             for
             the
             causes
             aforesaid
             therein
             expressed
             ,
             the
             writ
             extendeth
             only
             to
             particular
             person
             or
             persons
             ,
             &
             not
             to
             all
             the
             subjects
             of
             the
             kingdome
             ,
             no
             man
             can
             affirme
             that
             
               England
            
             is
             
               pars
               extera
            
             as
             to
             us
             ,
             
               Ireland
            
             is
             annexed
             to
             the
             Crowne
             of
             
               England
               ,
            
             and
             governed
             by
             the
             lawes
             of
             
               England
               :
            
             our
             question
             set
             forth
             the
             cause
             ,
             
               viz.
            
             to
             appeale
             to
             the
             King
             for
             Iustice
             ,
             or
             to
             goe
             to
             
               England
               ,
            
             for
             other
             lawfull
             causes
             ,
             whereas
             the
             said
             writ
             intends
             practises
             with
             foraigne
             Princes
             to
             the
             prejudice
             of
             the
             King
             and
             his
             Crowne
             ;
             At
             the
             Common-law
             ,
             if
             a
             subject
             in
             contempt
             of
             this
             Command
             went
             
               ad
               partes
               exteras
               ,
            
             his
             Lands
             ,
             and
             goods
             ought
             to
             be
             seized
             ,
             2.
             
             
               &
               3.
               
               Philip
               .
               &
               Mary
               Dy.
               128.
               b.
            
             and
             yet
             if
             the
             subject
             went
             to
             the
             parts
             beyond
             the
             Seas
             before
             any
             such
             speciall
             inhibition
             ,
             this
             was
             not
             punishable
             before
             the
             statute
             of
             
             5.
             
             
               Rich.
               2.
               cap.
            
             2.
             as
             appeares
             ,
             12.
             
             
               &
               13.
               Elizab.
               Dy.
               296.
               a.
            
             So
             that
             before
             the
             inhibition
             ,
             the
             law
             was
             indifferent
             ,
             now
             the
             question
             is
             at
             Common-law
             ,
             whether
             the
             subject
             of
             
               Ireland
            
             having
             no
             Office
             ,
             can
             be
             hindered
             to
             appeale
             or
             goe
             to
             the
             King
             for
             Iustice
             :
             The
             King
             is
             the
             fountaine
             of
             Iustice
             ,
             and
             as
             his
             power
             is
             great
             to
             command
             ,
             so
             the
             Scepter
             of
             his
             Iustice
             is
             as
             great
             ,
             nay
             the
             Scepter
             hath
             the
             priority
             ,
             if
             any
             be
             ,
             for
             at
             his
             Coronation
             ,
             his
             Scepter
             is
             on
             his
             right
             side
             ,
             &
             his
             Sword
             on
             his
             left
             side
             to
             his
             Iustice
             he
             is
             sworne
             ,
             therefore
             if
             any
             writ
             ,
             Commandement
             or
             proclamation
             bee
             obtayned
             from
             him
             ,
             or
             published
             contrary
             to
             his
             Iustice
             ,
             it
             is
             not
             the
             act
             of
             the
             King
             ,
             but
             the
             act
             of
             him
             that
             misinformed
             him
             ,
             then
             will
             I
             adde
             the
             other
             words
             of
             the
             question
             ,
             
               viz.
            
             or
             other
             his
             lawfull
             occasions
             ,
             as
             I
             said
             before
             in
             the
             case
             of
             a
             writ
             of
             error
             in
             the
             Kings
             Bench
             of
             
               England
               ,
            
             or
             in
             the
             Parliament
             of
             
               England
               ,
            
             which
             are
             remedies
             given
             by
             the
             law
             ,
             therefore
             the
             Common-law
             doth
             not
             hinder
             any
             man
             to
             prosecute
             those
             remedies
             which
             are
             given
             to
             everie
             subject
             by
             the
             same
             
               A
               scire
               facias
            
             may
             be
             brought
             by
             the
             King
             in
             
               England
            
             to
             repeale
             a
             patent
             under
             the
             great
             Seale
             of
             
               Ireland
            
             of
             lands
             in
             
               Ireland
               ,
               20.
               
               Henr.
               6.
               fol.
               a.
               
            
          
           
             An
             exchange
             of
             lands
             in
             
               England
            
             for
             lands
             in
             
             
               Ireland
            
             is
             a
             good
             exchange
             in
             law
             ,
             8.
             
               ass
               .
               placit.
               27.
               10.
               Edw.
               3.
               fol.
               42.
               tempor
               .
               Edw.
               1.
               
               Fitz
               voucher
            
             239.
             
             What
             law
             therefore
             can
             prohibit
             any
             subject
             for
             to
             attend
             this
             
               scire
               facias
            
             in
             
               England
               ,
            
             or
             to
             make
             use
             of
             his
             freehold
             got
             by
             exchange
             .
          
           
             The
             law
             being
             thus
             ,
             then
             it
             was
             considered
             ,
             what
             alteration
             was
             wrought
             by
             one
             branch
             of
             the
             statute
             of
             5
             
               Rich.
               2.
               cap.
            
             2.
             by
             which
             the
             passage
             is
             stopped
             out
             of
             the
             kingdome
             (
             Lords
             ,
             notable
             Marchants
             ,
             and
             the
             Kings
             souldiers
             excepted
             )
             I
             conceive
             this
             statute
             doth
             not
             include
             
               Ireland
               ,
               I
            
             never
             heard
             any
             
               Irishman
            
             questioned
             upon
             this
             statute
             for
             going
             into
             
               England
               ,
            
             nor
             any
             
               Englishman
            
             for
             comming
             into
             
               Ireland
            
             untill
             the
             late
             proclamation
             by
             the
             statute
             34.
             
               Edw.
               3.
               c.
            
             18.
             in
             
               England
               ,
            
             all
             persons
             which
             have
             their
             heritage
             or
             possessions
             in
             
               Ireland
               ,
            
             may
             come
             with
             their
             beasts
             ,
             corne
             ,
             &c.
             to
             and
             fro
             ,
             paying
             the
             Kings
             dues
             .
             The
             statute
             of
             5.
             
             
               Rich.
            
             2.
             did
             never
             intend
             by
             implication
             to
             avoyde
             the
             said
             expresse
             statute
             of
             
               Edw.
            
             3.
             betweene
             the
             Kings
             two
             kingdomes
             ,
             being
             governed
             by
             one
             law
             ,
             &
             in
             effect
             the
             same
             people
             ,
             the
             words
             of
             the
             statute
             of
             5.
             
             
               Rich.
            
             2.
             are
             observable
             ,
             the
             principall
             scope
             of
             it
             is
             against
             the
             exportation
             of
             
               Bullion
               ,
            
             in
             the
             later
             part
             there
             is
             a
             clause
             for
             licences
             to
             be
             had
             in
             particular
             Portes
             ,
             by
             which
             I
             conceive
             
             that
             the
             Customers
             of
             those
             Portes
             may
             grant
             a
             let
             passe
             in
             such
             Cases
             .
          
           
             It
             is
             therefore
             to
             be
             considered
             ,
             whether
             that
             branch
             of
             the
             said
             statute
             of
             5.
             
             
               Rich.
            
             2.
             was
             received
             in
             
               Ireland
               ,
            
             I
             thinke
             it
             is
             cleare
             it
             was
             not
             ,
             for
             by
             the
             statute
             10.
             
             
               Henr.
               7.
               cap.
            
             22.
             in
             
               Ireland
               ,
            
             all
             the
             generall
             statutes
             of
             
               England
            
             were
             received
             in
             
               Ireland
            
             with
             this
             qualification
             ,
             
               viz.
            
             such
             as
             were
             for
             the
             Common
             and
             publicke
             weale
             ,
             &c.
             
             And
             surely
             it
             cannot
             be
             for
             the
             weale
             of
             this
             kingdome
             ,
             that
             the
             subjects
             here
             be
             stayed
             from
             obtayning
             of
             Iustice
             ,
             or
             following
             other
             lawfull
             causes
             in
             
               England
               .
            
          
           
             The
             statute
             of
             25.
             
             
               Henr.
               6.
               cap.
            
             2.
             in
             
               Ireland
               ,
            
             excuseth
             
               absentes
            
             by
             the
             Kings
             command
             ,
             and
             imposeth
             no
             other
             penaltie
             ;
             so
             that
             upon
             the
             whole
             matter
             ,
             this
             question
             is
             not
             answered
             .
          
           
             For
             so
             much
             as
             they
             doe
             answer
             of
             this
             question
             ,
             
             the
             answer
             is
             good
             ,
             
             for
             there
             is
             no
             doubt
             to
             be
             made
             but
             
               Deaneries
            
             are
             some
             donative
             ,
             some
             elective
             ,
             and
             some
             may
             be
             presentative
             according
             to
             the
             respective
             foundations
             .
          
           
             I
             will
             only
             speake
             of
             a
             
               Deane
               de
               facto
               ,
            
             if
             a
             
               Deane
            
             bee
             made
             a
             
               Bishop
            
             and
             hath
             a
             dispensation
             
               Decanatus
               dignitatem
               in
               commenda
            
             in
             the
             
               retinere
               ,
            
             the
             confirmation
             of
             such
             a
             
               Deane
            
             is
             good
             in
             law
             .
             This
             
             was
             the
             
               case
            
             of
             
               Evans
            
             and
             
               Acough
            
             in
             the
             Kings
             Bench
             in
             
               England
               Ter.
               3.
               
               Caroli
               ,
            
             where
             Doctor
             
               Thornbow
               Deane
               of
               Yorke
            
             was
             made
             
               Bishop
            
             of
             
               Limmericke
            
             with
             a
             dispensation
             to
             hold
             in
             the
             
               retinere
            
             after
             his
             patent
             ,
             and
             before
             consecration
             it
             was
             adjudged
             his
             confirmation
             was
             good
             ;
             and
             yet
             if
             a
             
               Deane
            
             be
             made
             a
             
               Bishop
            
             in
             any
             part
             of
             the
             world
             ,
             this
             is
             a
             
               Cession
               ,
               Co.
               5.
               102.
               a.
               VVindsors
               case
               ,
               Davis
               Rep.
               42.
               43.
               
               &c.
            
             
             The
             
               Deane
            
             of
             
               Fernes
            
             his
             
               case
               ,
               &
               18.
               Elizab.
               Dy.
            
             346.
             the
             confirmation
             of
             a
             meere
             
               Laicus
            
             being
             
               Deane
            
             is
             good
             ,
             though
             he
             be
             after
             deprived
             ,
             10.
             
               Eliz.
               Dy.
               273.
               12.
               
               &
               13.
               Elizab.
               Dy.
            
             293.
             although
             the
             
               Deane
            
             be
             after
             deprived
             by
             sentence
             declaratorie
             ,
             yet
             his
             precedent
             confirmations
             are
             good
             .
          
           
             So
             I
             conceive
             that
             a
             
               Deane
               ,
            
             who
             hath
             
               stallum
               in
               Choro
               &
               vocem
               in
               Capitulo
            
             during
             all
             the
             time
             of
             his
             life
             ,
             and
             never
             questioned
             ,
             and
             usually
             confirmed
             all
             Leases
             without
             interruption
             is
             good
             ;
             And
             to
             question
             all
             such
             acts
             ,
             40.
             50.
             100.
             yeares
             after
             ,
             is
             without
             president
             especially
             in
             
               Ireland
               ,
            
             untill
             of
             late
             yeares
             ,
             and
             in
             this
             kingdome
             few
             or
             no
             foundations
             of
             
               Bishopricks
            
             or
             
               Deaneries
            
             can
             bee
             found
             upon
             any
             Record
             ,
             therefore
             I
             conceive
             the
             Iudges
             ought
             to
             answer
             this
             part
             of
             the
             question
             .
          
           
           
             
               My
               Lords
               ,
            
             
             I
             know
             you
             cannot
             forget
             the
             grounds
             I
             layd
             before
             for
             this
             question
             ,
             
             nor
             the
             time
             nor
             the
             occasion
             of
             the
             issuing
             of
             
               Quo
               warrantoes
               ,
            
             nor
             what
             was
             done
             thereupon
             in
             the
             Court
             of
             Exchequer
             .
          
           
             Now
             remayneth
             to
             consider
             of
             the
             answer
             to
             this
             positive
             question
             ,
             the
             answer
             is
             too
             generall
             ,
             
               viz
            
             the
             Parliament
             is
             concerned
             therein
             ,
             and
             so
             are
             two
             other
             Courts
             of
             Iustice
             ,
             and
             likewise
             the
             Kings
             prerogative
             is
             interested
             therein
             ,
             wherefore
             they
             cannot
             answer
             till
             the
             matter
             come
             in
             debate
             and
             be
             argued
             before
             them
             .
          
           
             The
             consideration
             of
             the
             Court
             of
             Parliament
             will
             much
             conduce
             to
             the
             clearing
             of
             this
             question
             ,
             
               Co.
            
             preface
             to
             the
             
               fourth
               Reporte
               ,
            
             the
             exposition
             of
             Lawes
             ordinarily
             belongeth
             to
             the
             Iudges
             ,
             but
             (
             
               in
               maximis
               difficillimisque
               causis
               ad
               supremum
               Parliament
               '
               Iudicium
               )
               Cooke
               preface
               to
               the
               ninth
               Report
               ,
            
             describes
             that
             supreame
             Court
             in
             this
             manner
             (
             
               si
               vetustatem
               spectes
               est
               antiquissima
               ,
               si
               dignitatem
               ,
               est
               honoratissima
               ,
               si
               jurisdictionem
               ,
               est
               capacissima
            
             )
             of
             this
             enough
             ,
             the
             learning
             is
             too
             manifest
             ,
             that
             it
             is
             the
             Supreame
             Court
             ,
             nay
             the
             primitive
             of
             all
             other
             Courts
             ;
             to
             that
             Court
             belongs
             the
             making
             ,
             altering
             or
             regulating
             of
             lawes
             and
             the
             correction
             of
             all
             Courts
             and
             ministers
             .
             Looke
             upon
             the
             
             members
             of
             it
             ,
             
             first
             the
             King
             is
             the
             head
             ,
             who
             is
             never
             so
             great
             nor
             so
             strong
             ,
             as
             in
             Parliament
             where
             he
             sits
             insconced
             with
             the
             hearts
             of
             his
             people
             ;
             the
             second
             are
             all
             the
             Lords
             Spirituall
             &
             Temporall
             ▪
             the
             third
             the
             knights
             ,
             Citizens
             &
             Burgesses
             ,
             these
             three
             doe
             represent
             the
             whole
             Common-wealth
             .
             Looke
             upon
             the
             causes
             for
             which
             they
             are
             called
             (
             
               Circa
               ardua
               &
               urgentia
               negotia
               Regni
            
             )
             looke
             upon
             the
             priviledges
             of
             it
             ,
             if
             any
             member
             or
             members
             servant
             thereof
             bee
             questioned
             ,
             or
             any
             thing
             ordered
             against
             him
             ,
             in
             any
             other
             Court
             sitting
             the
             Parliament
             ,
             
             or
             within
             forty
             dayes
             before
             or
             after
             ,
             all
             the
             proceedings
             are
             voyde
             by
             the
             lawes
             and
             statutes
             of
             this
             Realme
             ,
             The
             not
             clearing
             of
             this
             question
             is
             against
             the
             Kings
             prerogative
             ,
             which
             is
             never
             in
             greater
             splendor
             or
             Majestie
             then
             in
             Parliament
             ,
             and
             against
             the
             whole
             Common-wealth
             therein
             concerned
             as
             aforesaid
             ,
             the
             King
             hath
             foure
             Councels
             ,
             the
             first
             is
             
               commune
               concilium
               ,
            
             which
             is
             this
             Councell
             ,
             secondly
             
               Magnum
               Concilium
               ,
            
             which
             is
             the
             Councell
             of
             his
             Lords
             ;
             thirdly
             the
             privie
             Councell
             for
             matters
             of
             estate
             ;
             fourthly
             the
             Iudges
             of
             his
             law
             ,
             
               Co.
               institut
               .
               110.
               a.
               
            
          
           
             Then
             by
             what
             law
             or
             use
             can
             the
             inferiour
             of
             these
             foure
             Councels
             question
             the
             first
             Supreame
             and
             mother
             Councell
             ,
             I
             know
             not
             ,
             the
             state
             of
             the
             
             question
             considered
             ,
             which
             is
             of
             
               Burroughs
               ,
            
             who
             anciently
             and
             recently
             sent
             to
             the
             Parliament
             ,
             by
             the
             same
             law
             ,
             that
             one
             member
             may
             bee
             questioned
             ,
             forty
             eight
             members
             may
             bee
             questioned
             as
             was
             done
             in
             our
             case
             in
             one
             day
             ,
             six
             such
             dayes
             may
             take
             away
             the
             whole
             house
             of
             Commons
             ,
             and
             consequently
             Parliaments
             ,
             especially
             as
             this
             case
             was
             ,
             for
             upon
             the
             returne
             of
             the
             first
             summons
             foure
             and
             twenty
             Corporations
             were
             seized
             ,
             the
             learning
             therefore
             is
             new
             ,
             that
             it
             should
             rest
             in
             the
             discretion
             of
             the
             Sheriffes
             ,
             who
             might
             make
             unfaithfull
             returnes
             ,
             and
             of
             three
             Barons
             in
             the
             Exchequer
             ,
             who
             have
             no
             infallibilitie
             ,
             to
             overthrow
             Parliaments
             ,
             the
             best
             Constitutions
             in
             the
             world
             .
             Search
             hath
             beene
             made
             in
             the
             two
             bookes
             of
             
               Entries
               ,
            
             in
             old
             
               Natura
               brevium
               ,
            
             and
             in
             all
             the
             yeare
             bookes
             that
             are
             printed
             ,
             there
             is
             not
             one
             president
             that
             in
             any
             time
             ever
             so
             badde
             ,
             such
             
               à
               Quo-warranto
            
             was
             brought
             in
             ,
             
               Co.
               entries
               527.
               a
               à
               Quo-warranto
            
             was
             brought
             against
             
               Christopher
               Helden
               ,
            
             and
             others
             to
             shew
             cause
             ,
             why
             they
             claymed
             such
             a
             
               Borrough
               ,
               &c.
            
             which
             is
             nothing
             to
             our
             purpose
             ,
             the
             
               quo-warrantoes
            
             in
             the
             question
             ,
             and
             those
             which
             were
             in
             the
             Exchequer
             ,
             did
             admit
             them
             
               Borroughs
               ,
            
             and
             yet
             required
             them
             to
             shew
             cause
             why
             they
             sent
             Burgesses
             to
             the
             Parliament
             ,
             this
             is
             
               oppositum
               
               in
               objecto
               ,
            
             to
             admit
             them
             Burgesses
             ,
             and
             to
             question
             their
             power
             to
             send
             Burgesses
             ,
             which
             were
             formerly
             ,
             both
             anciently
             and
             recently
             so
             admitted
             in
             Parliament
             ,
             
               Master
               Littleton
               ,
            
             the
             first
             booke
             we
             reade
             cleares
             this
             question
             ,
             
               sectione
            
             164.
             
             There
             are
             ancient
             Townes
             called
             
               Borroughs
               ,
            
             the
             most
             ancient
             Townes
             of
             
               England
               ,
            
             all
             Cities
             were
             Borroughs
             in
             the
             beginning
             ,
             and
             from
             them
             come
             
               Burgesses
            
             to
             the
             Parliament
             ,
             so
             that
             in
             effect
             if
             an
             ancient
             Borrough
             ,
             
               ergo
               ,
            
             they
             sent
             Burgesses
             to
             the
             Parliament
             ;
             all
             these
             ancient
             Townes
             in
             
               England
               ,
            
             did
             remayne
             of
             Record
             in
             the
             Exchequer
             ,
             40.
             
               ass
               .
               plac
               .
            
             27.
             
             In
             
               Ireland
            
             they
             doe
             remayne
             of
             Record
             in
             the
             Parliament
             Rolles
             ,
             the
             tryall
             of
             them
             is
             by
             the
             Record
             it selfe
             ,
             and
             not
             otherwise
             ;
             If
             a
             Towne
             send
             
               Burgesses
            
             once
             or
             twice
             ,
             it
             is
             Title
             enough
             to
             send
             ever
             after
             ,
             11.
             
             
               Henr.
            
             4.
             2.
             
             So
             if
             a
             Peere
             called
             once
             by
             writ
             ,
             and
             once
             sitting
             as
             a
             Peere
             ,
             
               Co.
               institut
               .
               fol.
               9.
               b.
            
             hee
             is
             a
             Baron
             ever
             after
             .
          
           
             In
             the
             foure
             ordinary
             Courts
             they
             have
             priviledge
             for
             the
             meanest
             of
             their
             members
             ,
             or
             servants
             ,
             why
             not
             the
             Parliament
             .
             It
             was
             the
             custome
             of
             the
             ancient
             grave
             Iudges
             to
             consult
             with
             parliaments
             in
             causes
             of
             difficultie
             &
             weight
             ,
             a
             parliament
             was
             then
             to
             be
             at
             hand
             ,
             they
             did
             not
             stay
             
             to
             advise
             with
             them
             in
             a
             point
             which
             concerned
             the
             parliament
             ,
             so
             neerely
             and
             which
             was
             of
             the
             greatest
             weight
             of
             any
             cause
             that
             ever
             was
             agitated
             in
             the
             kingdome
             :
             In
             our
             books
             ,
             &
             all
             the
             entries
             it
             is
             true
             and
             cleare
             ,
             that
             
               Quo-warrantoes
            
             are
             brought
             and
             ought
             to
             bee
             brought
             against
             such
             as
             clayme
             priviledges
             ,
             Franchises
             ,
             Royalties
             ,
             or
             the
             like
             flowers
             of
             the
             Crowne
             :
             but
             to
             question
             Burgesses
             in
             this
             nature
             is
             to
             question
             the
             Kings
             prerogative
             in
             an
             high
             degree
             ;
             priviledges
             take
             from
             the
             King
             ,
             parliaments
             adde
             ,
             and
             give
             unto
             him
             greatnesse
             and
             profit
             ,
             in
             parliaments
             he
             sits
             essentially
             ,
             in
             other
             Courts
             not
             altogether
             so
             ,
             but
             by
             representation
             ,
             what
             greater
             disservice
             could
             bee
             done
             the
             King
             ,
             then
             to
             overthrow
             parliaments
             ,
             how
             shall
             Subsidies
             bee
             granted
             ,
             or
             the
             kingdome
             defended
             ,
             how
             shall
             
               ardua
               Regni
            
             be
             considered
             ?
             Oh
             the
             Barons
             of
             the
             Exchequer
             ,
             I
             wot
             will
             salve
             all
             these
             doubts
             .
          
           
             I
             may
             not
             forget
             
               My
               Lords
               ,
            
             how
             the
             law
             of
             the
             land
             ,
             &
             the
             whole
             Common-wealth
             is
             herein
             concerned
             ,
             and
             upon
             that
             I
             will
             offer
             a
             Case
             or
             two
             ,
             If
             a
             statute
             be
             made
             wherein
             the
             private
             interest
             of
             a
             subject
             ,
             or
             the
             generall
             interest
             of
             the
             Common-wealth
             be
             enacted
             ,
             the
             King
             by
             his
             Letters-patents
             cannot
             dispence
             with
             this
             statute
             ,
             
               Co.
               8.
               29.
               
               a.
            
             
             
               Princes
               case
               ,
            
             though
             they
             be
             with
             
               à
               non
               obstaute
               ,
            
             nor
             make
             any
             grant
             ,
             
               Non
               obstante
            
             of
             the
             Common-law
             ,
             therefore
             I
             conclude
             this
             question
             .
          
           
             First
             ,
             that
             it
             is
             against
             the
             Kings
             prerogative
             ,
             to
             issue
             such
             
               à
               Quo-warranto
               ,
            
             as
             is
             here
             stated
             .
             Secondly
             it
             is
             against
             the
             Common-wealth
             ,
             as
             destructive
             of
             parliaments
             ,
             and
             consequently
             of
             government
             .
             Thirdly
             this
             is
             no
             priviledge
             but
             a
             service
             done
             to
             the
             King
             &
             whole
             Common-wealth
             ,
             which
             cannot
             receive
             so
             much
             as
             a
             debate
             but
             in
             parliament
             .
             Fourthly
             all
             the
             proceedings
             in
             the
             Excheqver
             ,
             touching
             this
             parliament
             were
             
               Coram
               non
               judice
               ,
            
             as
             was
             already
             voted
             in
             both
             houses
             ,
             as
             for
             the
             punishment
             ,
             we
             come
             not
             to
             urge
             your
             Lordships
             to
             punish
             other
             then
             with
             reference
             to
             that
             which
             I
             said
             before
             ,
             
               viz.
            
             the
             Oath
             .
          
           
             These
             two
             questions
             have
             so
             neere
             a
             relation
             ,
             
             the
             one
             to
             the
             other
             meeting
             in
             the
             Center
             of
             the
             
               Castle-chamber
               ,
            
             
             that
             I
             will
             speake
             to
             them
             at
             once
             or
             as
             to
             one
             question
             .
             
          
           
             
               My
               Lords
               ,
            
             
             if
             that
             golden
             meane
             ,
             and
             mediocritie
             which
             regulated
             the
             power
             of
             that
             great
             Court
             in
             former
             times
             had
             not
             beene
             of
             late
             converted
             and
             strayned
             unto
             that
             excesse
             wee
             saw
             ,
             these
             questions
             had
             never
             beene
             stirred
             ,
             but
             many
             things
             being
             extended
             to
             their
             uttermost
             Spheare
             ,
             or
             I
             
             feare
             beyond
             the
             same
             enforce
             mee
             ,
             although
             unwillingly
             and
             slowly
             ,
             to
             looke
             upon
             our
             lawes
             and
             just
             rights
             .
          
           
             The
             answer
             to
             the
             sixteenth
             ,
             
               viz.
            
             whether
             Iurors
             giving
             their
             verdicts
             according
             to
             their
             conscience
             ,
             may
             be
             punished
             in
             the
             
               Castle-chamber
            
             by
             fines
             excessive
             ,
             mutillation
             of
             members
             ,
             &c.
             
          
           
             I
             finde
             in
             my
             Lord
             
               Barcklayes
               case
               ,
               placit.
               Com.
            
             231.
             from
             the
             beginning
             ,
             the
             usuall
             tryall
             at
             Common-law
             was
             devided
             betweene
             the
             Iudges
             and
             the
             Iurors
             ,
             matters
             of
             fact
             were
             and
             are
             tryable
             by
             the
             Iurors
             ,
             and
             matters
             in
             law
             by
             the
             Iudges
             ,
             the
             antiquitie
             of
             this
             tryall
             appeares
             ,
             
               Glan
               .
               fol.
               100.
               b.
            
             in
             
               Henr.
            
             the
             
               seconds
            
             time
             ,
             
               Bracton
               174.
               
               Briton
               ,
               fol.
               130.
               a.
               Fortescue
               ,
               de
               laudibus
               legum
               Angliae
               ,
               fol
               54.
               
               &
            
             55.
             
             So
             much
             being
             cleared
             they
             being
             ,
             
               Iurati
               ad
               dicendum
               veritatem
               ,
            
             are
             Iudges
             of
             the
             fact
             ,
             
               Co.
               9.
               13.
               a.
               Dowmans
               case
               ,
               &
               25.
               &c.
               
               Strata
               Marcellas
               case
               ,
            
             and
             infinite
             other
             authorities
             ,
             they
             are
             so
             farre
             Iudges
             of
             the
             fact
             ,
             that
             although
             the
             partes
             bee
             estopped
             to
             averre
             the
             truth
             ,
             yet
             these
             Iudges
             of
             the
             fact
             shall
             not
             be
             so
             estopped
             ,
             because
             they
             are
             upon
             their
             Oath
             ,
             
               Co.
               2.
               4.
               b.
               Goddards
               case
               ,
               Co.
               4.
               53.
               a.
               Raw-hins
               case
               ,
               1.
               Henr.
               4.
               6.
               a.
               &c.
            
             They
             are
             so
             far
             Iudges
             of
             the
             fact
             ,
             that
             they
             are
             not
             to
             leave
             any
             part
             of
             the
             truth
             of
             the
             evidence
             to
             the
             Court
             ,
             
             
               Co.
               1.
               56.
               b.
               Chauncellor
            
             of
             
               Oxfords
               case
               ,
            
             nay
             they
             may
             finde
             releases
             and
             other
             things
             of
             their
             knowledge
             not
             given
             in
             evidence
             ,
             8.
             
               ass
               .
               plac
               .
               3.
               Co.
               10.
               95.
               b.
               Doctor
               Leyfields
               case
               ,
            
             what
             is
             done
             by
             Iudges
             ,
             shall
             not
             bee
             tryed
             by
             Iurors
             ,
             
               Co
               9.
               
               Strata
               Marcellas
               case
               30.
               
               Ergo
               è
               converso
               ;
            
             but
             if
             any
             doubt
             in
             law
             ariseth
             upon
             the
             evidence
             ,
             there
             is
             a
             proper
             remedie
             by
             bill
             of
             exception
             by
             the
             statute
             of
             
               VV.
               2.
               cap.
            
             30.
             which
             
               Co.
               9
               Dowmans
               case
               ,
               fol.
               13.
               a.
            
             saith
             to
             be
             in
             affirmance
             of
             the
             ancient
             Common-law
             ,
             as
             to
             this
             point
             of
             law
             ,
             the
             Iudges
             of
             the
             law
             are
             Iudges
             of
             the
             validitie
             of
             the
             evidence
             ,
             but
             under
             favour
             not
             of
             the
             truth
             of
             the
             fact
             ,
             as
             it
             is
             set
             forth
             in
             the
             answer
             ;
             if
             the
             Iudges
             of
             the
             law
             doe
             erre
             in
             matter
             of
             law
             ,
             the
             party
             grieved
             hath
             his
             remedie
             by
             writ
             of
             error
             ,
             but
             hee
             is
             not
             punishable
             if
             practise
             or
             misdemeanor
             doe
             not
             appeare
             ,
             2.
             
               Rich.
               3.
               fol
               9.
               10.
               
               Fitz
               Natur.
               br
               .
               243.
               E.
               27.
               ass
               .
               18.
               4.
               Henr.
            
             6.
             and
             other
             bookes
             by
             the
             same
             reason
             the
             Iudges
             of
             the
             fact
             ,
             if
             they
             goe
             according
             to
             their
             conscience
             as
             our
             question
             is
             stated
             ,
             if
             the
             Iury
             in
             this
             case
             goe
             contrary
             to
             their
             evidence
             ,
             the
             Common-law
             gives
             a
             full
             remedy
             by
             attainte
             ,
             wherein
             the
             judgement
             is
             ●ost
             heavie
             if
             the
             Iurors
             have
             done
             amisse
             as
             I
             said
             before
             to
             another
             question
             ,
             yet
             in
             this
             action
             the
             law
             gives
             credit
             to
             the
             verdict
             before
             
             it
             be
             falsified
             ,
             for
             if
             a
             judgement
             be
             given
             upon
             this
             verdict
             and
             after
             an
             attainte
             is
             brought
             ,
             no
             
               super
               sedeas
            
             can
             bee
             in
             this
             writ
             to
             hinder
             the
             partie
             who
             recovered
             from
             his
             execution
             ,
             5.
             
             
               Henr.
               7.
               22.
               b.
               33.
               
               Henr.
            
             6.
             21.
             otherwise
             in
             a
             writ
             of
             error
             .
          
           
             Your
             Lordships
             therefore
             may
             see
             what
             faith
             is
             given
             to
             verdicts
             at
             Common-law
             ,
             I
             observe
             the
             notable
             case
             of
             7.
             
             
               Henr.
               4
               41
               b.
            
             where
             
               Gascoigne
            
             answereth
             the
             King
             that
             would
             give
             judgement
             contrary
             to
             his
             private
             knowledge
             .
          
           
             As
             for
             the
             next
             part
             of
             these
             two
             questions
             ,
             it
             was
             the
             late
             height
             of
             punishments
             ,
             and
             the
             drawing
             of
             more
             causes
             to
             that
             Court
             ,
             then
             in
             former
             times
             ,
             moved
             this
             debate
             ,
             out
             of
             the
             statute
             of
             3
             
               Henr.
               7.
               cap.
            
             1.
             concerning
             this
             Court
             .
             I
             make
             these
             observations
             ,
             first
             ,
             that
             the
             Iudges
             of
             that
             Court
             according
             their
             discretion
             may
             examen
             great
             offences
             ,
             
             secondly
             ,
             that
             they
             may
             punish
             according
             to
             the
             demerits
             of
             delinquents
             after
             the
             forme
             of
             the
             statute
             thereof
             made
             ,
             thirdly
             ,
             in
             like
             manner
             &
             forme
             as
             they
             should
             or
             ought
             to
             be
             punished
             if
             they
             were
             convict
             by
             the
             due
             order
             of
             the
             Common-law
             For
             the
             first
             ,
             what
             discretion
             this
             is
             ,
             we
             finde
             in
             our
             books
             ,
             
               Co.
               5.
               fol.
               100.
               
               Rookes
               case
               ,
            
             discretion
             is
             to
             proceede
             within
             the
             bounds
             
             of
             law
             and
             reason
             ,
             at
             Common-law
             a
             Man
             in
             a
             Leete
             is
             fined
             but
             in
             ten
             groats
             for
             a
             light
             bloudshed
             ;
             in
             the
             
               Castle-chamber
            
             a
             Noble-man
             for
             an
             offer
             of
             a
             switch
             to
             a
             person
             inferior
             to
             him
             ,
             upon
             provocation
             perhaps
             given
             ,
             was
             fined
             in
             foure
             thousand
             pound
             ,
             
             committed
             to
             long
             imprisonment
             ,
             and
             low
             acknowledgements
             were
             imposed
             on
             him
             .
             For
             the
             second
             and
             third
             observations
             ,
             if
             men
             of
             quality
             and
             ranke
             were
             pillored
             ,
             papered
             ,
             stigmatized
             ,
             and
             fined
             to
             their
             destruction
             ,
             in
             cases
             where
             if
             they
             had
             beene
             convicted
             by
             due
             order
             of
             law
             ,
             they
             could
             not
             be
             so
             punished
             by
             any
             law
             or
             statute
             ,
             I
             humbly
             offer
             to
             your
             Lordships
             sad
             and
             grave
             consideration
             .
          
           
             And
             whether
             these
             courses
             be
             warranted
             by
             the
             said
             statute
             of
             3.
             
               Henr.
               7.
               cap.
            
             1.
             or
             by
             any
             other
             law
             or
             statute
             of
             force
             in
             this
             Realme
             ,
             and
             if
             all
             Iurors
             bee
             brought
             to
             the
             
               Castle-chamber
               ,
            
             what
             shall
             become
             of
             that
             great
             and
             noble
             tryall
             ,
             by
             which
             all
             the
             matters
             of
             our
             law
             regularly
             are
             tryable
             ;
             And
             so
             I
             conclude
             that
             the
             answers
             to
             these
             two
             questions
             are
             not
             satisfactorie
             .
          
           
             Whether
             in
             the
             Censures
             in
             the
             
               Castle-chamber
               ,
            
             
             regard
             be
             to
             be
             had
             to
             the
             words
             of
             the
             great
             Charter
             ,
             
             
               viz.
               salvo
               contenemento
               ,
               &c.
               
            
          
           
           
             I
             conceive
             that
             in
             the
             Censures
             in
             the
             
               Castle-chamber
               ,
            
             regard
             is
             to
             bee
             had
             to
             the
             words
             of
             the
             great
             Charter
             ,
             
               viz.
               Salvo
               contenemento
               ,
               &c
            
             although
             in
             the
             great
             Charter
             ,
             and
             in
             the
             statute
             of
             
               VVestminst
               .
               1.
               cap.
               6.
               amerciamentum
            
             and
             
               misericordia
            
             are
             expressed
             and
             not
             fines
             or
             
               redemptio
               ,
            
             because
             a
             fine
             and
             an
             amerciament
             are
             in
             the
             old
             yeare
             bookes
             used
             promiscuously
             as
             
               Synonima
               ,
            
             for
             one
             and
             the
             same
             thing
             ,
             and
             therefore
             in
             10.
             
               Edw.
               3.
               fol.
               9.
               
               &
            
             10.
             
             The
             Iurors
             of
             the
             
               Abbot
            
             of
             
               Ramseis
               Leete
               ,
            
             being
             sworne
             ,
             and
             refusing
             to
             present
             the
             articles
             of
             the
             
               Leete
               ,
            
             were
             amerced
             and
             there
             it
             is
             resolved
             ,
             because
             all
             did
             refuse
             to
             present
             ,
             all
             shall
             be
             amerced
             ,
             but
             when
             the
             same
             shal
             be
             imposed
             or
             affeared
             ,
             shall
             bee
             imposed
             severally
             upon
             each
             of
             them
             
               secundum
               quantitatem
               delicti
               salvo
               contenemento
               suo
               ,
            
             yet
             the
             summe
             there
             imposed
             was
             
               revera
               à
               fine
               ,
            
             and
             not
             an
             amerciament
             as
             an
             amerciament
             is
             now
             taken
             ,
             and
             here
             with
             agrees
             ,
             4.
             
               Eliz.
               Dy.
               211.
               b.
            
             in
             these
             words
             (
             if
             the
             Iurors
             of
             a
             
               Leete
            
             refuse
             to
             present
             the
             articles
             of
             the
             
               Leete
               ,
            
             according
             to
             their
             Oath
             ,
             the
             Steward
             shall
             assesse
             a
             fine
             upon
             every
             of
             them
             )
             and
             
               Godfries
               case
               ,
               11.
               
               Rept
               '
               .
               fol.
               42.
               b.
               43.
               a.
               
            
          
           
             Secondly
             if
             by
             intendment
             of
             law
             ,
             as
             the
             law
             was
             conceived
             at
             the
             time
             of
             the
             making
             of
             the
             
             statutes
             of
             
               Magna
               Charta
            
             and
             
               VVestm.
            
             1.
             fines
             and
             amerciaments
             had
             not
             beene
             or
             taken
             to
             be
             
               Synonyma
               ,
            
             the
             feazors
             of
             those
             acts
             would
             not
             have
             so
             carefully
             provided
             remedy
             in
             case
             of
             amerciaments
             ,
             which
             were
             alwayes
             moderate
             ,
             and
             wherein
             
               à
               moderata
               misericordia
            
             did
             lie
             for
             all
             men
             ,
             
               ab
               enumeratione
               partium
               ,
               viz.
               Comites
               &
               Barones
               non
               amercientur
               &
               miles
               &
               liber
               homo
               amercientur
               &
               salvo
               contenemento
               suo
               ,
               mercator
               salva
               merchandiza
               sua
               ,
               Villanus
               salvo
               VVainagio
               ,
               Clericus
               salvo
               Laico
               ,
               Feoudo
               ,
               &c.
            
             and
             have
             thought
             of
             no
             redresse
             or
             moderation
             of
             fines
             ,
             which
             are
             more
             grievous
             ,
             and
             of
             late
             times
             infinitely
             swolne
             above
             amerciaments
             ,
             for
             in
             19.
             
               Edw.
               4.
               fol.
            
             9.
             and
             21.
             
               Edw.
               4.
               fol.
            
             77.
             the
             amerciament
             of
             an
             Earle
             Baron
             ,
             &c.
             is
             but
             five
             pounds
             ,
             and
             of
             a
             Duke
             ten
             pounds
             ,
             yet
             a
             Barons
             ancient
             fee
             or
             livelyhood
             consisteth
             of
             foure
             hundred
             marks
             land
             
               per
               annum
               ,
            
             an
             Earles
             of
             foure
             hundred
             pounds
             ,
             a
             Dukes
             of
             eight
             hundred
             pounds
             
               per
               annum
               .
            
          
           
             Thirdly
             ,
             amerciaments
             imposed
             upon
             those
             that
             have
             the
             administration
             of
             Iustice
             executiō
             of
             the
             Kings
             writs
             ,
             for
             their
             Commission
             or
             Omission
             ,
             contrary
             to
             their
             dutie
             are
             out
             of
             the
             letter
             of
             
               Magna
               Charta
               ,
            
             are
             indeede
             fines
             and
             to
             bee
             imposed
             and
             taxed
             by
             the
             Iudges
             ,
             yet
             are
             they
             called
             
             
               misericordiae
               ,
            
             because
             great
             moderation
             and
             mercy
             must
             be
             used
             in
             taxing
             of
             them
             ,
             
               Grisleyes
               case
               ,
               8.
               
               Rep.
               fol.
               48.
               a.
               b.
               
            
          
           
             Fourthly
             ,
             in
             case
             fines
             bee
             not
             within
             these
             words
             of
             
               Magna
               Charta
               ,
               amercietur
               salvo
               contenemento
               ,
               &c.
            
             yet
             ought
             they
             by
             law
             to
             be
             reasonable
             and
             not
             excessive
             ,
             for
             every
             excesse
             is
             against
             law
             ,
             
               excessus
               in
               requalibet
               ,
               jure
               reprobatur
               communi
               ,
            
             as
             excessive
             distresse
             is
             prohibited
             by
             the
             Common-law
             41.
             
               Edw.
               3.
               fol.
            
             26.
             
             So
             is
             excessive
             and
             outragious
             ayde
             ,
             as
             appeares
             by
             the
             statute
             of
             
               VVestm.
               1.
               cap.
            
             35.
             and
             by
             
               Glanv
               .
               l.
               9.
               fol.
            
             70.
             an
             assize
             lies
             for
             often
             distrayning
             because
             it
             is
             excessive
             ,
             and
             therefore
             against
             law
             an
             excessive
             fine
             ,
             at
             the
             will
             of
             the
             Lord
             is
             an
             oppression
             of
             the
             people
             ,
             14.
             
             
               Henr.
               4.
               fol.
            
             9.
             
             If
             
               tenant
            
             in
             
               Dower
            
             have
             rich
             
               villains
            
             or
             
               tenants
            
             at
             
               will
            
             and
             shee
             by
             excessive
             taxes
             or
             fines
             make
             them
             
               mendicants
               ,
            
             it
             is
             waste
             in
             the
             eye
             of
             the
             law
             ,
             16.
             
             
               Henr.
               3.
               Fitz.
            
             waste
             135.
             
             
               Register
               '
               Iudiciale
               ,
               fol.
            
             25.
             
             If
             the
             fines
             of
             
               Coppy-holders
            
             be
             uncertaine
             ,
             the
             Lord
             of
             the
             
               Mannor
               ,
            
             cannot
             exact
             unreasonable
             and
             excessive
             fines
             ,
             &
             the
             unreasonablenesse
             of
             the
             fines
             shall
             bee
             determined
             by
             the
             Iudges
             having
             respect
             to
             the
             value
             of
             the
             
               Coppy-hold
               ,
               4.
               Rep.
               fol.
               27.
               b.
            
             The
             King
             before
             the
             making
             of
             
               Magna
               Charta
            
             had
             
               rationabile
               reliuum
            
             of
             noblemen
             
             and
             it
             was
             not
             reduced
             to
             any
             certaintie
             ,
             yet
             ought
             it
             to
             have
             beene
             reasonable
             and
             not
             excessive
             ,
             
               Co.
               institut
               .
               83.
               b.
               
            
          
           
             They
             say
             that
             in
             a
             legall
             construction
             ,
             the
             statute
             of
             
               Magna
               Charta
               ,
            
             in
             which
             the
             words
             
               salvo
               contenemento
            
             are
             mentioned
             ,
             is
             onely
             to
             be
             understood
             of
             amerciaments
             and
             not
             of
             fines
             ,
             yet
             where
             great
             fines
             are
             imposed
             
               in
               terrorem
               ,
            
             upon
             the
             reducements
             of
             them
             ,
             regard
             is
             to
             bee
             had
             to
             the
             ability
             of
             the
             persons
             .
          
           
             Now
             whereas
             they
             alleage
             that
             upon
             the
             reducements
             of
             fines
             ,
             regard
             is
             to
             bee
             had
             to
             the
             estate
             of
             persons
             ,
             I
             humbly
             conceive
             that
             makes
             but
             little
             ,
             eyther
             for
             the
             ease
             or
             securitie
             of
             the
             subject
             ,
             or
             the
             providence
             or
             wisedome
             of
             the
             law
             ,
             for
             that
             such
             reducements
             are
             not
             grounded
             upon
             any
             rule
             of
             law
             ,
             but
             rest
             meerely
             in
             the
             Kings
             grace
             and
             bountie
             ,
             which
             if
             the
             Prince
             should
             withdraw
             ,
             and
             leave
             the
             subject
             to
             the
             law
             ,
             in
             what
             case
             he
             is
             in
             ,
             I
             leave
             it
             to
             your
             Lordships
             .
             If
             there
             bee
             no
             rule
             in
             this
             case
             ,
             it
             may
             rest
             in
             the
             arbitrarie
             will
             of
             foure
             or
             five
             persons
             in
             that
             Court
             to
             destroy
             any
             man
             ,
             &
             in
             their
             will
             to
             reduce
             as
             they
             please
             ,
             but
             never
             to
             reduce
             before
             confession
             of
             the
             sentence
             which
             is
             destructive
             ,
             wherein
             perhaps
             therei
             's
             no
             infallibilitie
             ,
             
               Magna
               Charta
               ,
               cap.
               29.
               
               Nullus
               
               liber
               homo
               aliquo
               modo
               destruatur
               ,
               &
               e.
            
             and
             so
             I
             conclude
             as
             to
             this
             answer
             .
          
           
             This
             answer
             as
             it
             is
             here
             is
             sufficient
             ,
             
             yet
             contrary
             to
             their
             answer
             ;
             
             to
             the
             first
             question
             upon
             the
             same
             point
             ,
             and
             so
             contrary
             ,
             that
             both
             are
             incompatible
             .
          
           
             
               My
               Lords
               ,
            
             
             I
             am
             come
             to
             the
             life
             of
             man
             ,
             after
             that
             God
             concluded
             the
             worke
             of
             the
             whole
             world
             saying
             to
             every
             particular
             
               &
               erant
               valde
               bona
               ,
            
             
             to
             make
             the
             worke
             compleat
             
               creavit
               hominem
               ad
               imaginem
               &
               similitudinem
               suam
               .
            
             
             
               Aristotle
            
             in
             his
             treatise
             
               de
               natura
               animalium
            
             saith
             that
             
               unum
               vivens
               est
               magis
               dignum
               ;
            
             
             which
             is
             man
             ,
             that
             creature
             which
             alone
             is
             more
             perfect
             and
             noble
             then
             all
             the
             world
             besides
             .
             The
             Common-law
             of
             the
             land
             hath
             three
             darlings
             ,
             life
             ,
             libertie
             ,
             and
             dower
             ,
             the
             former
             recited
             statutes
             give
             protection
             to
             three
             things
             ,
             to
             life
             ,
             estate
             ,
             and
             libertie
             ,
             the
             life
             of
             man
             is
             the
             eldest
             Child
             admitted
             to
             the
             favour
             of
             the
             law
             ,
             and
             the
             first
             and
             chiefe
             within
             the
             protection
             of
             these
             statutes
             ,
             the
             other
             two
             are
             but
             ministers
             and
             servants
             unto
             it
             ,
             the
             tryall
             of
             this
             life
             by
             the
             law
             and
             statutes
             aforesaid
             is
             regularly
             
               judicium
               parium
               ,
            
             to
             multiply
             cases
             upon
             so
             plaine
             a
             learning
             ,
             were
             but
             passe
             time
             ,
             or
             wast
             time
             ,
             your
             Lordships
             have
             other
             businesse
             of
             weight
             and
             consequence
             :
             the
             proofe
             
             which
             taketh
             away
             this
             life
             with
             infamy
             ,
             which
             corrupts
             the
             bloud
             of
             him
             and
             his
             posterity
             ,
             defeates
             the
             wife
             and
             innocent
             Children
             of
             their
             fame
             and
             substance
             ,
             surely
             ought
             to
             be
             cleare
             and
             convincing
             proofe
             .
          
           
             The
             case
             of
             an
             approver
             is
             the
             onely
             case
             wee
             finde
             in
             our
             law
             ,
             where
             a
             person
             infamous
             may
             accuse
             another
             for
             his
             life
             ,
             this
             accusation
             cannot
             take
             away
             the
             life
             of
             any
             man
             ,
             otherwise
             then
             by
             a
             legall
             tryall
             ,
             
               viz.
            
             by
             a
             tryall
             of
             Iurors
             ,
             who
             ought
             to
             have
             other
             good
             proofe
             before
             they
             finde
             a
             subject
             guilty
             ,
             or
             by
             both
             ,
             wherein
             the
             approver
             hazards
             his
             owne
             life
             ,
             which
             is
             sacred
             unto
             him
             by
             the
             law
             .
             This
             approver
             is
             not
             received
             in
             another
             felony
             ,
             or
             treason
             then
             he
             himselfe
             is
             guiltie
             of
             by
             confession
             ,
             of
             the
             fact
             ,
             nor
             for
             his
             reliefe
             ,
             after
             hee
             commits
             the
             crime
             confessed
             ,
             
               Stamford
               pleas
               of
               the
               Crowne
               ,
               fol.
            
             142.
             143.
             for
             notorious
             rebels
             or
             malefactors
             ,
             I
             finde
             not
             any
             booke
             in
             law
             to
             give
             countenance
             unto
             such
             testimony
             .
             I
             finde
             in
             the
             fourth
             article
             of
             the
             Kings
             printed
             booke
             of
             instructions
             ,
             that
             such
             testimony
             shall
             not
             be
             pressed
             when
             any
             man
             stands
             upon
             tryall
             of
             his
             life
             .
             The
             Iudges
             doe
             answer
             well
             to
             one
             part
             ,
             
               viz.
            
             that
             such
             testimony
             is
             not
             convincing
             ,
             but
             they
             goe
             further
             that
             the
             testimony
             of
             such
             persons
             ,
             not
             condemned
             
             concurring
             with
             other
             proofe
             or
             apparant
             circumstance
             may
             bee
             pressed
             upon
             the
             tryall
             of
             a
             man
             for
             his
             life
             ;
             the
             said
             Article
             in
             the
             Instructions
             saith
             it
             shall
             not
             be
             pressed
             at
             all
             ,
             no
             law
             warrants
             such
             pressure
             .
          
           
             It
             is
             quite
             different
             from
             the
             case
             of
             an
             approver
             ,
             who
             confesseth
             himselfe
             guiltie
             ,
             and
             who
             is
             limitted
             to
             the
             crime
             whereof
             he
             is
             guiltie
             ,
             a
             Rebell
             is
             left
             at
             large
             to
             prove
             any
             crime
             ,
             nay
             the
             reliefe
             of
             himselfe
             .
          
           
             The
             testimony
             mentioned
             in
             the
             question
             differs
             in
             all
             things
             from
             the
             approver
             ,
             therefore
             they
             cannot
             bee
             resembled
             ;
             the
             concurrence
             of
             such
             testimonie
             with
             other
             proofes
             is
             not
             materiall
             ,
             for
             other
             proofe
             will
             doe
             the
             deede
             without
             this
             bad
             concurrence
             ,
             and
             so
             will
             a
             violent
             presumption
             ,
             as
             if
             two
             goe
             safe
             into
             a
             Roome
             ,
             one
             of
             them
             is
             found
             stabbed
             to
             death
             the
             other
             may
             suffer
             ,
             this
             presumption
             is
             inevitable
             the
             law
             of
             God
             ,
             the
             lawes
             and
             statutes
             of
             the
             Realme
             protect
             and
             preserve
             the
             life
             of
             man
             ,
             it
             were
             therefore
             hard
             to
             take
             away
             by
             circumstance
             such
             a
             reall
             and
             noble
             essence
             .
             This
             concurrence
             marrs
             the
             evidence
             ,
             it
             helps
             it
             not
             .
             If
             one
             gives
             false
             testimonie
             once
             by
             the
             ancient
             law
             ,
             his
             testimonie
             shall
             never
             be
             received
             againe
             ,
             
               Leges
               Canuti
               Regis
               ,
               
               Lamb
               .
               Saxons
               lawss
               ,
               fol.
               113.
               p.
            
             34.
             much
             lesse
             where
             they
             are
             notorious
             ill
             doers
             ,
             this
             and
             the
             reason
             and
             ground
             of
             this
             question
             already
             opened
             ,
             will
             I
             hope
             give
             your
             Lordships
             satisfaction
             .
          
           
             For
             this
             question
             ,
             
             I
             will
             state
             it
             without
             any
             tenure
             reserved
             by
             expresse
             words
             as
             the
             question
             is
             put
             ,
             
             whether
             the
             reservation
             of
             rent
             ,
             or
             Annuall
             summe
             will
             rayse
             this
             to
             bee
             a
             tenure
             
               in
               capite
               ;
            
             I
             conceive
             it
             will
             not
             for
             sundrie
             reasons
             .
             First
             from
             the
             beginning
             there
             have
             beene
             Fayres
             and
             Markets
             ,
             and
             no
             president
             ,
             booke-case
             ,
             or
             Record
             ,
             to
             warrant
             the
             new
             opinion
             in
             this
             Case
             before
             
               Trinitie
               terme
            
             1639.
             in
             the
             Court
             of
             wards
             .
             Secondly
             the
             practise
             of
             that
             Court
             was
             alwayes
             before
             to
             the
             contrary
             in
             the
             same
             ,
             and
             the
             like
             Cases
             .
             Thirdly
             ,
             it
             is
             a
             thing
             as
             the
             question
             is
             of
             new
             creation
             ,
             and
             never
             
               in
               esse
            
             before
             ,
             for
             this
             see
             the
             Bookes
             of
             3.
             
               Henr.
               7.
               4.
               12.
               
               Henr.
               7.
               19.
               15.
               E.
               4.
               14.
               46.
               E.
               3.
               12.
               21.
               
               Henr.
               6.
               11.
               
               Stamford
               prerogative
            
             8.
             
          
           
             Therefore
             there
             is
             no
             necessitie
             of
             a
             tenure
             thereof
             ;
             
             
             upon
             the
             Conquest
             it
             was
             necessarie
             that
             all
             lands
             should
             be
             held
             by
             some
             tenure
             for
             the
             defence
             of
             the
             kingdome
             .
             
          
           
             1.
             
             The
             statute
             of
             
               Quia
               emptores
               terrarum
               ,
            
             
             
               &c.
               praerogativa
               Regis
            
             speake
             of
             
               Feoffator
               ,
            
             
             
               Feoffatores
               ,
               
               &c.
            
             therefore
             a
             tenure
             I
             meane
             this
             tacite
             or
             implyed
             tenure
             was
             originally
             onely
             intended
             of
             Land
             .
          
           
             2.
             
             The
             King
             may
             reserve
             a
             tenure
             in
             all
             things
             not
             mainerable
             by
             expresse
             reservation
             or
             Covenant
             ,
             44.
             
               Edw.
               3.
               45.
               
               Fitz.
               natur
               .
               brevium
               ,
               263.
               &c.
            
             but
             that
             is
             not
             our
             Case
             .
          
           
             3.
             
             Heere
             it
             is
             left
             to
             construction
             of
             Law
             ,
             which
             is
             
               aequissimus
               Iudex
               ,
            
             and
             lookes
             upon
             the
             nature
             of
             things
             ,
             and
             therefore
             in
             Cases
             that
             include
             Land
             ,
             or
             where
             land
             may
             come
             in
             liew
             therof
             ,
             a
             tenure
             may
             be
             by
             implication
             ,
             as
             a
             mesnalty
             a
             reversion
             expectant
             upon
             an
             intayle
             &
             the
             like
             ,
             10.
             
               Edw.
               44.
               a.
               42.
               Edw
               3.
               7.
               
               Fitz.
               Grants
               ,
            
             102.
             and
             divers
             other
             bookes
             .
          
           
             4.
             
             No
             tenure
             can
             be
             implyed
             by
             reason
             of
             a
             rent
             ,
             if
             the
             rent
             be
             not
             distreynable
             by
             some
             possibility
             of
             its
             owne
             nature
             upon
             the
             thing
             granted
             ,
             as
             appeares
             by
             5.
             
             
               Henr.
               7.
               36.
               33.
               
               Henr.
               6.
               35.
               40.
               Ed.
               3.
               44.
               1.
               Henr.
               4.
               1.
               2.
               3.
               
               Fitz-cessabit
               .
            
             17.
             
          
           
             5.
             
             The
             distresse
             upon
             other
             land
             is
             the
             Kings
             meere
             prerogative
             like
             the
             case
             of
             
               Buts
               Co.
            
             6.
             25.
             
             a
             distresse
             may
             be
             for
             rent
             in
             other
             land
             by
             Covenant
             .
          
           
             6.
             
             This
             is
             no
             rent
             because
             it
             issueth
             not
             out
             of
             land
             .
          
           
           
             7.
             
             If
             the
             Patentee
             here
             had
             no
             land
             ,
             there
             can
             be
             no
             distresse
             in
             this
             case
             .
          
           
             8.
             
             This
             is
             a
             meere
             priviledge
             ,
             it
             issueth
             out
             of
             no
             lands
             ,
             and
             participates
             nothing
             of
             the
             nature
             of
             land
             ,
             all
             the
             cases
             of
             tenures
             in
             our
             bookes
             are
             eyther
             of
             land
             or
             things
             arising
             out
             of
             land
             ,
             or
             some
             way
             or
             other
             of
             the
             nature
             of
             land
             ,
             or
             that
             may
             result
             into
             land
             ,
             or
             that
             land
             by
             some
             possibilitie
             may
             result
             into
             it
             ;
             Therefore
             I
             humbly
             conceive
             that
             new
             opinion
             is
             not
             warranted
             by
             law
             or
             president
             .
          
           
             These
             
               My
               Lords
               ,
            
             are
             in
             part
             the
             things
             ,
             which
             satisfied
             the
             house
             of
             Commons
             in
             all
             the
             matters
             aforesaid
             ,
             they
             are
             now
             left
             to
             the
             judgement
             and
             Iustice
             of
             your
             Lordships
             .
          
        
         
         
           
             QVESTIONS
             PROPOVNDED
             IN
             PARLIAMENT
             AND
             Declarations
             of
             the
             Law
             thereupon
             in
             Parliament
             .
          
           
             WHither
             the
             Subjects
             of
             this
             kingdome
             bee
             a
             free
             people
             ,
             
             and
             to
             be
             governed
             onely
             by
             the
             Common-lawes
             of
             
               England
               ,
            
             and
             statutes
             of
             force
             in
             this
             kingdome
             .
          
           
             The
             subjects
             of
             this
             his
             Majesties
             kingdome
             of
             
               Ireland
               ,
            
             
             are
             a
             free
             people
             ,
             and
             to
             be
             governed
             onely
             according
             to
             the
             Common-law
             of
             
               England
               ,
            
             and
             Statutes
             made
             &
             established
             by
             Parliament
             in
             this
             kingdome
             of
             
               Ireland
               ,
            
             and
             according
             to
             the
             lawfull
             customes
             used
             in
             the
             same
             .
          
           
             VVhither
             the
             Iudges
             of
             this
             land
             doe
             take
             the
             Oath
             of
             Iudges
             ,
             
             and
             if
             so
             ,
             whether
             under
             pretext
             of
             any
             Act
             of
             State
             ,
             Proclamation
             ,
             writ
             ,
             letter
             or
             direction
             under
             
             the
             great
             or
             privie
             Seale
             or
             privie
             Signet
             or
             Letter
             or
             other
             Commandment
             from
             the
             Lord
             Lieutnant
             ,
             Lord
             Deputy
             ,
             Iustice
             ,
             or
             other
             chiefe
             Governor
             ,
             or
             Governors
             of
             this
             kingdome
             ,
             they
             may
             hinder
             ,
             stay
             ,
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             Iudgement
             or
             execution
             thereupon
             ,
             if
             so
             ,
             in
             what
             cases
             ,
             and
             whether
             if
             they
             doe
             hinder
             ,
             stay
             or
             delay
             such
             suite
             ,
             judgement
             or
             execution
             thereupon
             ,
             what
             punishment
             doe
             they
             incurre
             for
             their
             deviation
             and
             transgression
             therein
             ?
          
           
             That
             Iudges
             in
             
               Ireland
            
             ought
             to
             take
             the
             Oath
             of
             the
             Iustices
             or
             Iudges
             declared
             and
             established
             in
             severall
             Parliaments
             of
             force
             in
             this
             kingdome
             and
             the
             said
             Iudges
             or
             any
             of
             them
             ,
             
             by
             colour
             ,
             or
             under
             pretext
             of
             any
             act
             of
             state
             ,
             or
             proclamation
             or
             under
             colour
             ,
             or
             pretext
             of
             any
             writ
             ,
             Letter
             ,
             or
             direction
             under
             the
             great
             Seale
             ,
             privie
             Seale
             ,
             or
             privie
             Signet
             from
             the
             Kings
             most
             Excellent
             Majestie
             ,
             or
             by
             colour
             or
             pretext
             of
             any
             Letter
             or
             Commandement
             from
             the
             chiefe
             Governor
             or
             Governors
             of
             this
             kingdome
             ought
             not
             to
             hinder
             or
             delay
             the
             suite
             of
             any
             subject
             ,
             or
             his
             judgement
             ,
             or
             execution
             thereupon
             and
             if
             any
             letters
             ,
             writs
             ,
             or
             commaunds
             come
             from
             his
             Majestie
             or
             any
             other
             ,
             or
             for
             any
             other
             cause
             to
             the
             Iustices
             ,
             or
             to
             other
             deputed
             to
             doe
             the
             law
             and
             right
             according
             to
             the
             usage
             of
             the
             Realme
             in
             disturbance
             
             of
             the
             law
             ,
             or
             of
             the
             execution
             of
             the
             same
             ,
             or
             of
             right
             to
             the
             parties
             ,
             the
             Iustices
             and
             other
             aforesaid
             ought
             to
             proceed
             ,
             and
             hold
             their
             Courts
             ,
             and
             processes
             where
             the
             pleas
             and
             matters
             bee
             depending
             before
             them
             ,
             as
             if
             no
             such
             letters
             ,
             writs
             ,
             or
             commaundments
             were
             come
             to
             them
             ,
             and
             in
             case
             any
             Iudge
             ,
             or
             Iudges
             ,
             Iustice
             ,
             or
             Iustices
             bee
             found
             in
             default
             therein
             ,
             he
             or
             they
             so
             found
             in
             default
             ought
             to
             incurre
             and
             undergoe
             due
             punishment
             according
             the
             law
             ,
             and
             the
             former
             declarations
             and
             provisions
             in
             Parliament
             in
             the
             case
             made
             and
             of
             force
             in
             this
             kingdome
             ,
             or
             as
             shall
             be
             ordered
             ,
             adjudged
             ,
             or
             declared
             in
             Parliament
             .
             And
             the
             Barons
             of
             the
             Exchequer
             ,
             Iustices
             of
             assize
             ,
             and
             Goale-delivery
             if
             they
             be
             found
             in
             default
             as
             aforesaid
             ,
             it
             is
             hereby
             declared
             that
             they
             ought
             to
             undergoe
             the
             punishment
             aforesaid
             .
          
           
             VVhether
             the
             Kings
             Majesties
             privie
             Councell
             eyther
             with
             the
             chiefe
             Governor
             ,
             
             or
             Governors
             of
             the
             kingdome
             ,
             or
             without
             him
             or
             them
             ,
             be
             a
             place
             of
             Iudicature
             ,
             by
             the
             Common-lawes
             ,
             and
             wherein
             causes
             betweene
             party
             ,
             and
             party
             for
             debts
             ,
             trespasses
             ,
             accompts
             ,
             possession
             ,
             or
             title
             of
             Lands
             ,
             or
             any
             of
             them
             ,
             and
             which
             of
             them
             may
             bee
             heard
             and
             determined
             ,
             and
             of
             what
             Civill
             causes
             they
             have
             jurisdiction
             ,
             and
             by
             what
             law
             ,
             and
             of
             what
             force
             
             is
             their
             order
             or
             decree
             ,
             in
             such
             cause
             or
             any
             of
             them
             ?
          
           
             That
             the
             Councell-table
             of
             this
             Realme
             eyther
             with
             the
             chiefe
             Governor
             or
             Governors
             is
             no
             Iudicatorie
             wherein
             any
             action
             reall
             ,
             
             personall
             ,
             popular
             ,
             or
             mixt
             ,
             or
             any
             suite
             in
             the
             nature
             of
             the
             said
             actions
             or
             any
             of
             them
             can
             or
             ought
             to
             bee
             commenced
             ,
             heard
             ,
             or
             determined
             ,
             and
             all
             proceedings
             at
             the
             Councell-table
             ,
             in
             any
             suite
             in
             the
             nature
             of
             any
             of
             the
             said
             actions
             are
             voyde
             (
             especially
             causes
             particularly
             provided
             for
             )
             by
             expresse
             acts
             of
             Parliament
             of
             force
             in
             this
             kingdome
             onely
             exempted
             .
          
           
             The
             like
             of
             the
             chiefe
             Governor
             above
             .
             
          
           
             The
             proceedings
             before
             the
             chiefe
             Governor
             ,
             
             or
             Governors
             alone
             in
             any
             action
             ,
             reall
             ,
             personall
             ,
             popular
             ,
             or
             mixt
             ,
             or
             in
             any
             suite
             in
             the
             nature
             of
             any
             of
             the
             said
             actions
             are
             
               Coram
               non
               Iudice
            
             and
             voyde
             .
          
           
             VVhether
             grants
             of
             Monopolies
             be
             warranted
             by
             the
             law
             ,
             
             and
             of
             what
             ,
             and
             in
             what
             cases
             ,
             and
             how
             and
             where
             ,
             and
             by
             whome
             are
             the
             pretended
             transgressors
             against
             such
             grants
             punishable
             ?
             and
             whether
             by
             fine
             ,
             mutillation
             of
             members
             ,
             imprisonment
             ,
             losse
             and
             forfeyture
             of
             goods
             or
             otherwise
             and
             which
             of
             them
             ?
          
           
             All
             grants
             of
             Monopolies
             are
             contrary
             to
             the
             
             
             lawes
             of
             this
             Realme
             ,
             and
             therefore
             voyde
             ,
             and
             no
             subject
             of
             the
             said
             Realme
             ought
             to
             bee
             fined
             ,
             imprisoned
             ,
             or
             otherwise
             punished
             for
             exercising
             or
             using
             their
             lawfull
             liberty
             of
             a
             subject
             ,
             contrary
             to
             such
             grants
             .
          
           
             In
             what
             cases
             the
             Lord
             Lieutenant
             ,
             
             Lord
             Deputie
             ,
             or
             other
             chiefe
             governor
             or
             governors
             of
             this
             kingdome
             and
             Councell
             may
             punish
             by
             fine
             ,
             imprisonment
             ,
             mutillation
             of
             members
             ,
             pillory
             or
             otherwise
             ,
             and
             whether
             they
             may
             sentence
             any
             to
             such
             ,
             the
             same
             ,
             or
             the
             like
             punishment
             for
             infringing
             the
             commaunds
             of
             or
             concerning
             any
             proclamation
             ,
             of
             and
             concerning
             Monopolies
             ,
             and
             what
             punishment
             doe
             they
             incurre
             that
             vote
             for
             the
             same
             ?
          
           
             The
             Lord
             Lieutenant
             ,
             
             Lord
             Deputy
             ,
             or
             other
             chiefe
             governor
             or
             governors
             ,
             and
             Councell
             of
             this
             Realme
             ,
             or
             any
             of
             them
             ,
             ought
             not
             to
             imprison
             any
             of
             his
             Majesties
             subjects
             ,
             but
             onely
             in
             Cases
             where
             the
             Common-lawes
             or
             statutes
             of
             the
             Realme
             doe
             enable
             and
             warrant
             them
             so
             to
             doe
             ,
             &
             they
             ought
             not
             to
             fine
             ,
             or
             to
             censure
             any
             subjects
             in
             mutillation
             of
             members
             ,
             standing
             on
             the
             pillory
             ,
             or
             other
             shamefull
             punishment
             in
             any
             case
             ,
             at
             the
             Councell-table
             ,
             and
             no
             subject
             ought
             to
             be
             imprisoned
             ,
             fined
             ,
             or
             otherwise
             punished
             for
             infringing
             any
             commaunds
             ,
             or
             proclamation
             for
             the
             support
             ,
             or
             countenance
             of
             Monopolies
             :
             And
             if
             in
             
             any
             case
             ,
             any
             person
             or
             persons
             shall
             bee
             committed
             by
             the
             commaund
             or
             warrant
             of
             the
             chiefe
             governor
             ,
             or
             governors
             and
             privie
             Councell
             of
             this
             Realme
             ,
             or
             any
             of
             them
             ,
             that
             in
             every
             such
             case
             ,
             every
             such
             person
             or
             persons
             so
             committed
             ,
             restrayned
             of
             his
             ,
             or
             their
             libertie
             ,
             or
             suffering
             imprisonment
             upon
             demaund
             ,
             or
             motion
             made
             by
             his
             or
             their
             Councell
             ,
             or
             other
             imployed
             by
             him
             or
             them
             for
             that
             purpose
             unto
             the
             Iudges
             of
             the
             Court
             of
             Kings-bench
             ,
             or
             Common-pleas
             ,
             in
             open
             Court
             ,
             shall
             without
             delay
             upon
             any
             pretence
             whatsoever
             ,
             for
             the
             ordinarie
             fees
             usually
             payed
             for
             the
             same
             have
             forthwith
             granted
             unto
             them
             ,
             or
             him
             a
             writ
             or
             writts
             of
             
               Habeas
               Corpus
               ,
            
             to
             be
             directed
             generally
             to
             all
             ,
             and
             every
             Sheriffe
             ,
             Gaoler-minister
             ,
             officer
             or
             other
             person
             ,
             in
             whose
             custody
             the
             party
             or
             parties
             so
             committed
             or
             restrayned
             shall
             be
             ,
             shall
             at
             the
             returne
             of
             the
             said
             writ
             ,
             or
             writs
             ,
             and
             according
             to
             the
             commaund
             thereof
             upon
             due
             and
             convenient
             notice
             thereof
             given
             ,
             unto
             him
             at
             the
             charge
             of
             the
             party
             or
             parties
             who
             requireth
             or
             procureth
             such
             writ
             or
             writs
             ,
             and
             upon
             securitie
             by
             his
             or
             their
             owne
             Bond
             ,
             or
             Bonds
             given
             to
             pay
             the
             charge
             of
             carrying
             backe
             the
             prisoner
             ,
             or
             prisoners
             ,
             if
             hee
             or
             they
             shall
             bee
             remanded
             by
             the
             Court
             ,
             to
             which
             he
             or
             they
             shal
             be
             brought
             ,
             as
             in
             
             like
             causes
             hath
             beene
             used
             ,
             such
             charges
             of
             bringing
             up
             and
             carrying
             backe
             the
             prisoner
             or
             prisoners
             to
             be
             alwayes
             ordered
             by
             the
             Court
             ,
             if
             any
             difference
             shall
             arise
             there
             about
             ,
             to
             bring
             ,
             or
             cause
             to
             be
             brought
             the
             body
             ,
             or
             bodies
             of
             the
             said
             partie
             ,
             or
             parties
             so
             committed
             ,
             or
             restrayned
             unto
             &
             before
             the
             Iudges
             ,
             &
             Iustices
             of
             the
             said
             Court
             from
             whence
             the
             same
             writ
             or
             writs
             shall
             issue
             in
             open
             Court
             ,
             &
             shall
             then
             likewise
             certifie
             ,
             the
             true
             cause
             of
             such
             his
             ,
             or
             their
             detayner
             ,
             or
             imprisonment
             ,
             &
             and
             thereupon
             the
             Court
             after
             such
             returne
             made
             ,
             and
             delivered
             in
             open
             Court
             ,
             shall
             proceed
             to
             examine
             and
             determine
             ,
             whether
             the
             cause
             of
             such
             commitment
             ,
             appearing
             upon
             the
             said
             returne
             be
             just
             and
             legall
             or
             not
             ,
             and
             shall
             thereupon
             doe
             what
             to
             justice
             shall
             appertayne
             ,
             eyther
             by
             delivering
             ,
             bayling
             ,
             or
             remanding
             the
             prisoner
             ,
             or
             prisoners
             .
          
           
             Of
             what
             force
             is
             an
             act
             of
             state
             ,
             
             or
             proclamation
             in
             this
             kingdome
             to
             bind
             the
             libertie
             ,
             goods
             ,
             possessions
             ,
             or
             inheritance
             of
             the
             Natives
             thereof
             ,
             whether
             they
             or
             any
             of
             them
             can
             alter
             the
             Common
             law
             or
             the
             infringers
             of
             them
             ,
             loose
             their
             goods
             ,
             chattels
             ,
             or
             leases
             ,
             or
             forfeyte
             the
             same
             by
             infringing
             any
             such
             act
             of
             state
             ,
             proclamation
             or
             both
             ,
             and
             what
             punishment
             doe
             the
             sworne
             Iudges
             of
             the
             law
             ,
             that
             are
             privy
             Councellors
             ,
             incurre
             that
             vote
             for
             such
             acts
             and
             execution
             thereof
             ?
          
           
           
             An
             act
             of
             state
             ,
             
             or
             proclamation
             in
             this
             kingdom
             ,
             cannot
             bind
             the
             libertie
             ,
             inheritance
             ,
             possession
             ,
             or
             goods
             of
             the
             subjects
             of
             the
             said
             kingdome
             ,
             nor
             alter
             the
             Common-law
             ,
             and
             the
             infringers
             of
             any
             such
             act
             of
             state
             ,
             or
             proclamation
             ought
             not
             to
             forfeyte
             lands
             ,
             leases
             ,
             goods
             ,
             or
             chatels
             for
             the
             infringing
             of
             any
             such
             act
             of
             state
             or
             proclamation
             .
             And
             the
             Iudges
             of
             the
             law
             who
             doe
             vote
             for
             such
             acts
             of
             state
             ,
             or
             proclamation
             are
             punishable
             ,
             as
             breakers
             and
             violaters
             of
             their
             Oathes
             of
             Iudges
             .
          
           
             Are
             the
             subjects
             of
             this
             kingdome
             ,
             
             subject
             to
             the
             marshall
             law
             ,
             &
             whether
             any
             man
             in
             time
             of
             peace
             ,
             no
             enemie
             being
             in
             the
             field
             ,
             with
             banner
             displaid
             ,
             can
             be
             sentenced
             to
             death
             ,
             if
             so
             ,
             by
             whom
             ,
             and
             in
             what
             causes
             ?
             if
             not
             ,
             what
             punishment
             doe
             they
             incurre
             ,
             that
             in
             time
             of
             peace
             execute
             marshall
             law
             ?
          
           
             No
             subject
             of
             this
             kingdome
             ought
             to
             bee
             sentenced
             to
             death
             ,
             
             or
             executed
             by
             Marshall-law
             in
             time
             of
             peace
             ,
             and
             if
             any
             subject
             be
             so
             sentenced
             ,
             or
             executed
             by
             marshall-law
             ,
             in
             time
             of
             peace
             ,
             the
             authors
             &
             actors
             of
             any
             such
             sentence
             or
             execution
             ,
             are
             punishable
             by
             the
             law
             of
             the
             land
             for
             their
             so
             doing
             ,
             as
             doers
             of
             their
             owne
             wrong
             ,
             and
             contrarie
             to
             the
             said
             law
             of
             the
             land
             .
          
           
             VVhether
             voluntary
             Oathes
             taken
             freely
             before
             arbitrators
             for
             affirmance
             ,
             
             or
             disaffirmance
             of
             any
             thing
             ,
             or
             
             for
             the
             true
             performance
             of
             any
             thing
             be
             punishable
             in
             the
             Castle-chamber
             ,
             or
             any
             other
             Court
             ,
             &
             why
             or
             wherfore
             ?
          
           
             No
             man
             ought
             to
             bee
             punished
             in
             the
             Castle-chamber
             ,
             
             or
             in
             any
             other
             Court
             ,
             for
             taking
             a
             voluntary
             Oath
             before
             arbitrators
             for
             affirmance
             or
             disaffirmance
             of
             any
             thing
             ,
             or
             the
             true
             performance
             of
             any
             thing
             in
             civill
             causes
             ,
             nor
             are
             the
             arbitrators
             before
             whom
             such
             voluntary
             oathes
             shall
             be
             taken
             punishable
             .
          
           
             VVhy
             and
             by
             what
             law
             ,
             
             or
             by
             what
             rule
             of
             policie
             is
             it
             that
             none
             is
             admitted
             to
             reducement
             of
             fines
             ,
             and
             other
             penalty
             in
             the
             Castle-chamber
             or
             Councell-table
             untill
             he
             confesse
             the
             offence
             for
             which
             he
             is
             censured
             ;
             when
             as
             revera
             hee
             might
             bee
             innocent
             thereof
             ,
             though
             suborned
             proofes
             ,
             or
             circumstance
             might
             induce
             a
             Censure
             ?
          
           
             By
             the
             lawes
             and
             statutes
             of
             the
             Realme
             ,
             
             no
             man
             is
             bound
             ,
             or
             ought
             to
             be
             compelled
             to
             acknowledg
             the
             offence
             layd
             to
             his
             charge
             ,
             or
             the
             justnesse
             of
             any
             censure
             past
             against
             him
             in
             the
             Castle-chamber
             ,
             or
             at
             the
             Councell-table
             ,
             nor
             ought
             to
             bee
             detayned
             in
             prison
             ,
             or
             abridged
             of
             his
             liberty
             ,
             or
             the
             reducement
             of
             his
             fine
             ,
             stayed
             or
             delayed
             ,
             untill
             he
             doe
             acknowledge
             such
             offence
             or
             the
             iustnesse
             of
             such
             censure
             .
             And
             it
             is
             further
             declared
             that
             no
             such
             inforced
             or
             wrested
             cōfession
             ,
             or
             acknowledgment
             can
             or
             ought
             to
             debarre
             ,
             or
             hinder
             any
             subject
             
             from
             his
             Bill
             of
             reversall
             ,
             or
             review
             of
             any
             sentence
             or
             decree
             past
             ,
             or
             conceived
             against
             him
             in
             the
             Castle-chamber
             ,
             or
             in
             any
             other
             Court
             .
          
           
             VVhether
             the
             Iudges
             of
             the
             Kings-bench
             ,
             
             or
             any
             other
             Iudge
             of
             Gaole-delivery
             ,
             or
             of
             any
             other
             Court
             ,
             and
             by
             what
             law
             ,
             doe
             or
             can
             deny
             the
             Copies
             of
             indictments
             of
             felony
             or
             treason
             ,
             to
             the
             parties
             accused
             contrary
             to
             the
             law
             .
          
           
             The
             Iudges
             of
             the
             Kings-bench
             ,
             
             or
             Iustices
             of
             Gaole-delivery
             ,
             or
             the
             Iudges
             of
             any
             other
             Court
             ,
             ought
             not
             to
             deny
             Copies
             of
             indictments
             of
             felonies
             ,
             or
             treason
             to
             the
             parties
             indicted
             .
          
           
             VVhat
             power
             hath
             the
             Barons
             of
             the
             Court
             of
             Exchequer
             ,
             
             to
             rayse
             the
             respite
             of
             homage
             arbitrarily
             ,
             to
             what
             rate
             they
             please
             ,
             to
             what
             value
             they
             may
             rayse
             it
             ,
             by
             what
             law
             they
             may
             distinguish
             betweene
             the
             respite
             of
             homage
             upon
             the
             diversitie
             of
             the
             true
             value
             of
             the
             Fees
             ,
             when
             as
             Escuage
             is
             the
             same
             for
             great
             and
             small
             Fees
             and
             are
             proportionable
             by
             Parliament
             ?
          
           
             The
             Barons
             of
             the
             Exchequer
             ought
             not
             to
             rayse
             the
             respite
             of
             homage
             above
             the
             usuall
             rates
             appearing
             in
             and
             by
             the
             course
             and
             presidents
             of
             that
             Court
             continued
             untill
             the
             yeare
             of
             our
             Lord
             God
             ,
             
             1637.
             and
             the
             raysing
             thereof
             since
             that
             time
             was
             arbitrary
             and
             against
             the
             law
             ,
             and
             the
             Barons
             of
             the
             Exchequer
             ,
             ought
             not
             to
             distinguish
             between
             the
             respite
             of
             homage
             upon
             any
             
             diversity
             of
             the
             true
             values
             of
             the
             knights
             Fees
             .
          
           
             VVhether
             it
             be
             censurable
             in
             the
             subjects
             of
             this
             kingdome
             to
             repaire
             into
             England
             to
             appeale
             to
             his
             Majesty
             for
             redresse
             of
             injuries
             ,
             
             or
             for
             other
             lawfull
             occasions
             ;
             if
             so
             ,
             why
             ,
             &
             what
             condition
             of
             persons
             and
             by
             what
             law
             ?
          
           
             The
             subjects
             of
             this
             kingdome
             may
             lawfully
             repayre
             into
             
               England
               ,
            
             
             to
             appeale
             to
             his
             Majesty
             for
             redresse
             of
             injuries
             ,
             or
             for
             other
             their
             lawful
             occasions
             ;
             &
             for
             their
             so
             doing
             ,
             ought
             not
             to
             be
             punished
             or
             questioned
             upon
             the
             statute
             of
             5.
             of
             
               K.
               Rich.
            
             the
             2.
             nor
             by
             any
             other
             law
             ,
             or
             statute
             of
             force
             in
             this
             kingdome
             (
             eminent
             officers
             &
             ministers
             of
             state
             ,
             Commanders
             &
             souldiers
             of
             his
             Majesties
             Army
             .
             The
             Iudges
             and
             ministers
             of
             his
             Majesties
             Courts
             of
             Iustice
             ,
             and
             of
             his
             highnesse
             Revenue
             and
             customes
             ,
             whose
             attendance
             is
             necessary
             requisite
             ,
             by
             the
             lawes
             &
             statutes
             of
             the
             realme
             only
             excepted
             .
             )
          
           
             VVhether
             Deanes
             or
             other
             dignitaries
             of
             Cathedrall
             Churches
             be
             properly
             and
             
               de
               mero
               jure
            
             donatiue
             by
             the
             King
             ,
             
             and
             not
             Elective
             or
             collative
             ;
             if
             so
             ,
             why
             ,
             and
             by
             what
             law
             ,
             and
             whether
             the
             Confirmation
             of
             a
             Deane
             
               de
               facto
            
             of
             the
             Bishops
             grant
             be
             good
             and
             vallid
             in
             law
             ,
             or
             no
             ?
             if
             not
             ,
             by
             what
             law
             ?
          
           
             Deaneries
             or
             other
             Ecclesiasticall
             dignities
             of
             this
             Realme
             ,
             
             are
             not
             
               de
               mero
               jure
            
             donative
             ,
             but
             some
             are
             donative
             ,
             and
             some
             elective
             ,
             and
             some
             are
             collative
             ,
             
             according
             to
             their
             respective
             foundations
             ,
             and
             the
             confirmation
             of
             the
             Bishops
             grant
             by
             a
             Deane
             
               de
               facto
            
             having
             actually
             
               stallum
               in
               Choro
               ,
               &
               vocem
               in
               Capitulo
               ,
            
             together
             with
             the
             Chapter
             is
             good
             in
             law
             .
          
           
             VVhether
             the
             issuing
             of
             
               Quo-warrantoes
               ,
            
             
             out
             of
             the
             Kings-bench
             ,
             or
             Exchequer
             against
             Borroughs
             ,
             that
             anciently
             and
             recently
             sent
             Burgesses
             to
             the
             Parliament
             to
             shew
             cause
             why
             they
             sent
             Burgesses
             to
             the
             Parliament
             ,
             be
             legall
             ?
             if
             not
             what
             punishment
             ought
             to
             be
             inflicted
             on
             those
             that
             are
             or
             hath
             beene
             the
             occasioners
             ,
             procurers
             ,
             and
             Iudges
             of
             ,
             and
             in
             such
             
               Quo-warrantoes
               ?
            
          
           
             The
             issuing
             of
             
               Quo-warrantoes
            
             out
             of
             the
             Court
             of
             Kings-bench
             ,
             
             Court
             of
             Exchequer
             ,
             or
             any
             other
             Court
             against
             Boroughs
             ,
             that
             anciently
             or
             recently
             sent
             Burgesses
             to
             the
             Parliament
             ,
             to
             shew
             cause
             why
             they
             sent
             Burgesses
             to
             the
             Parliament
             ,
             and
             all
             the
             proceedings
             therein
             are
             ,
             
               coram
               non
               Iudice
               ,
            
             illegal
             and
             voyde
             ,
             and
             the
             right
             of
             sending
             Burgesses
             to
             the
             Parliament
             is
             questionable
             in
             Parliament
             onely
             ,
             and
             the
             occasioners
             ,
             procurers
             ,
             and
             Iudges
             in
             such
             
               Quo-warrantoes
            
             and
             proceedings
             are
             punishable
             as
             in
             Parliament
             shall
             be
             thought
             consonant
             to
             law
             and
             Iustice
             .
          
           
             By
             what
             law
             are
             Iurors
             ,
             
             that
             give
             verdict
             according
             their
             conscience
             ,
             and
             are
             the
             sole
             Iudges
             of
             the
             fact
             ,
             censured
             in
             the
             Castle-chamber
             in
             great
             fines
             ,
             and
             sometimes
             
             pillored
             with
             losse
             of
             eares
             ,
             &
             boared
             through
             the
             tongue
             ,
             and
             marked
             sometimes
             in
             the
             forehead
             with
             a
             hot
             Iron
             ,
             and
             other
             like
             infamous
             punishment
             ?
          
           
             Iurors
             are
             the
             sole
             Iudges
             of
             the
             matter
             in
             fact
             ,
             
             and
             they
             ought
             not
             for
             giving
             their
             verdict
             to
             bee
             bound
             over
             to
             the
             Court
             of
             Castle-chamber
             ,
             by
             the
             Iudge
             or
             Iudges
             ,
             before
             whom
             the
             verdict
             was
             ,
             or
             shall
             be
             given
             .
          
           
             By
             what
             law
             are
             men
             censurable
             in
             the
             Castle-chamber
             ,
             
             with
             the
             mutillation
             of
             members
             ,
             or
             any
             other
             brand
             of
             infamy
             ,
             and
             in
             what
             cases
             ,
             and
             what
             punishment
             in
             each
             case
             there
             is
             due
             ,
             without
             respect
             of
             the
             qualitie
             of
             the
             person
             or
             persons
             ?
          
           
             No
             man
             ought
             to
             bee
             censured
             in
             the
             Castle-chamber
             ,
             
             in
             the
             mutillation
             of
             members
             ,
             or
             any
             other
             brand
             of
             infamy
             ,
             otherwise
             ,
             or
             in
             other
             cases
             then
             is
             expressely
             limitted
             by
             the
             statutes
             of
             this
             Realme
             in
             such
             cases
             provided
             ?
          
           
             VVhether
             in
             the
             censures
             in
             the
             Castle-chamber
             ,
             
             regard
             be
             to
             be
             had
             ,
             to
             the
             words
             of
             the
             great
             Charter
             ,
             
               viz.
               Salvo
               Contenemento
               ,
               &c.
               
            
          
           
             In
             the
             censures
             of
             the
             Castle-chamber
             ,
             
             especially
             regard
             ought
             to
             bee
             had
             to
             the
             words
             of
             the
             great
             Charter
             ,
             
               viz.
               Salvo
               Contenemento
               ,
               &c.
               
            
          
           
             VVhether
             if
             one
             that
             steales
             a
             Sheepe
             ,
             
             or
             commits
             any
             other
             felony
             ,
             and
             after
             slieth
             the
             course
             of
             Iustice
             ,
             or
             lieth
             
             in
             woods
             or
             mountaines
             upon
             his
             keeping
             ,
             be
             a
             Traytor
             ,
             if
             not
             ,
             whether
             a
             proclamation
             can
             make
             him
             so
             .
          
           
             A
             Felon
             who
             flies
             the
             course
             of
             Iustice
             ,
             
             &
             lieth
             in
             woods
             ,
             mountaines
             ,
             or
             elsewhere
             upon
             his
             keeping
             is
             no
             Traytor
             ,
             and
             a
             proclamation
             cannot
             make
             him
             a
             Traytor
             .
          
           
             VVhether
             the
             testimonie
             or
             evidence
             of
             Rebels
             ,
             
             Traytors
             ,
             protected
             Theeves
             ,
             or
             other
             infamous
             persons
             bee
             good
             evidence
             in
             law
             ,
             to
             be
             pressed
             upon
             the
             tryals
             of
             men
             for
             their
             lifes
             ,
             or
             whether
             the
             Iudges
             ,
             or
             Iurors
             ought
             to
             be
             Iudge
             of
             the
             matter
             in
             fact
             ?
          
           
             The
             testimony
             of
             convicted
             ,
             
             or
             protected
             Rebels
             ,
             Traytors
             ,
             or
             Fellons
             ,
             is
             no
             sufficient
             evidence
             in
             law
             upon
             the
             tryall
             of
             any
             person
             for
             his
             life
             ,
             and
             the
             credit
             of
             the
             testimony
             of
             persons
             accused
             or
             impeached
             ,
             and
             not
             convicted
             of
             felony
             or
             treason
             ,
             ought
             to
             be
             left
             to
             the
             Iury
             who
             are
             sole
             Iudges
             of
             the
             truth
             ,
             and
             validity
             of
             the
             said
             testimony
             .
          
           
             By
             what
             law
             are
             Fayres
             and
             Markets
             to
             bee
             held
             
               in
               Capite
               ,
            
             
             when
             no
             other
             expresse
             tenure
             bee
             mentioned
             ,
             in
             his
             Majesties
             Letters-patents
             ,
             or
             grants
             of
             the
             same
             Fayres
             and
             Markets
             ,
             although
             the
             rent
             or
             yearely
             summe
             be
             reserved
             thereout
             ?
          
           
             The
             King
             grants
             Lands
             to
             be
             held
             in
             free
             and
             Common-soccage
             ,
             
             as
             of
             a
             Castle
             ,
             or
             Mannor
             by
             
             Letters-patents
             under
             the
             great
             Seale
             ,
             and
             by
             the
             same
             Letters-patents
             ,
             or
             by
             other
             Letters-patents
             ,
             grants
             a
             Fayre
             and
             Market
             ,
             reserving
             a
             yearly
             rent
             or
             summe
             without
             expressing
             any
             tenure
             as
             to
             the
             said
             Fayre
             or
             Market
             ,
             the
             said
             Fayre
             or
             Market
             ,
             is
             not
             held
             by
             knights-service
             
               in
               Capite
            
             or
             otherwise
             
               in
               Capite
               .
            
          
           
             Copia
             vera
             ,
             
               Ex
               '
               per
               Phil
               :
               Fern
               :
               Cleric
               .
               Parl.
               Com.
               
            
          
           
             FINIS
             .
          
        
      
    
     
       
         
           Faults
           escaped
           .
        
         
           PAg.
           9.
           l.
           19.
           insteed
           of
           causes
           reade
           Cases
           ,
           p.
           40.
           l.
           6.
           for
           the
           ,
           reade
           their
           ,
           p.
           44.
           l.
           10.
           for
           wages
           ,
           reade
           wayes
           ,
           p.
           56.
           l.
           17.
           for
           best
           ,
           reade
           least
           ,
           p.
           57
           ,
           lin
           ,
           18.
           for
           Rottoman
           ,
           reade
           Hotoman
           ,
           ibid.
           l.
           21.
           for
           Master
           Sleyden
           ,
           say
           Selden
           ,
           p
           61.
           l.
           3.
           &
           is
           omitted
           before
           that
           p.
           63.
           l.
           19.
           for
           strike
           ,
           r.
           stick
           ,
           p.
           64.
           l.
           14
           ,
           for
           Primes
           case
           say
           Princes
           case
           ,
           p.
           67
           ,
           l
           ,
           ultima
           for
           Strata
           Marclad
           ,
           say
           Strata
           Marcella
           .
           p.
           68.
           l
           ,
           vlt.
           for
           here
           ,
           say
           there
           .
           p
           ,
           70
           ,
           l
           ,
           1
           ,
           for
           sit
           ,
           say
           Litt.
           ibid.
           l
           ,
           2
           ,
           for
           give
           say
           gives
           .
           p
           ,
           70
           ,
           l
           ,
           22
           ,
           for
           writ
           ,
           say
           writs
           .
           p
           ,
           72
           ,
           l
           ,
           1.
           for
           this
           ,
           the
           ,
           p
           ,
           7●
           ,
           l
           ,
           23.
           for
           as
           say
           or
           .
           p
           ,
           86.
           for
           Willielmi
           Collet
           ▪
           say
           Willielmus
           Collet
           .
           p.
           87
           ,
           l
           ,
           12
           ,
           for
           Monopolites
           ,
           Monopolists
           .
           p
           ,
           88
           ,
           l
           ,
           8
           ,
           for
           Cod.
           say
           C.
           p
           ,
           93
           ,
           l
           ,
           19
           ,
           for
           promissum
           est
           ,
           say
           provisum
           est
           ,
           p
           ,
           94
           ,
           l
           ,
           2
           ,
           for
           promissum
           ,
           say
           provisum
           p
           ,
           97
           ,
           l
           ,
           21
           ,
           for
           the
           say
           this
           .
           p
           ,
           109
           ▪
           l.
           3
           ,
           for
           Thornbow
           ,
           say
           Thorn
           borow
           ,
           pag
           ,
           116.
           l.
           7.
           for
           Placit.
           Com.
           say
           Plo.
           
           Com.
           ibid.
           l
           ,
           19
           ▪
           for
           partes
           say
           parties
           ,
           p
           ,
           121
           ,
           l
           ,
           7
           ,
           
             non
          
           is
           omitted
           ,
           p
           ,
           122
           ,
           l
           ,
           vltim
           ,
           for
           relivuum
           ,
           say
           relevium
           .
        
         
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A36769e-110
           
             Preamble
             to
             the
             questions
             .
          
           
             1.
             q.
             1.
             rat
             .
          
           
             2.
             q.
             2.
             rat
             .
          
           
             3.
             
             &
             4.
             q.
             3.
             
             &
             4.
             ratio
             .
          
           
             5.
             6.
             7.
             q.
             5.
             6.
             7.
             rat
             .
          
           
             8.
             q.
             8.
             rat
             .
          
           
             9.
             q.
             9.
             rat
             .
          
           
             10.
             quest
             .
             10.
             ratio
             .
          
           
             11.
             quest
             .
             11.
             ratio
             .
          
           
             12.
             q.
             12.
             rat
             .
          
           
             The
             second
             remembrancers
             certificate
             .
          
           
             1.
             
             Iunii
             ,
             1641.
             
          
           
             13
             quest
             .
             13.
             ratio
             .
          
           
             14.
             quest
             .
             14.
             ratio
             .
          
           
             15.
             q.
             15.
             rat
             .
          
           
             16.
             quest
             .
             16.
             ratio
             .
          
           
             17.
             quest
             .
             17.
             ratio
             .
          
           
             18.
             q.
             18.
             rat
             .
          
           
             19.
             quest
             .
             19.
             rat
             .
          
           
             20.
             que
             .
             20.
             rat
             .
          
           
             21.
             quest
             .
             21.
             rat
             .
          
           
             Hopperus
             de
             vera
             Iuris
             prudentia
             .
             pag.
             118.
             
          
           
             Lord
             Chancel
             .
             Egerton
             de
             postnat
             .
             fol.
             17.
             
          
           
             ●
             .
             ratio
             .
          
           
             Poltons
             stat
             .
             fol.
             8.
             
          
           
             Atchi
             .
             Tu●ris
             Lond.
             
          
           
             Cambd.
             Anals
             Hibern
             .
          
           
             2.
             ratio
             .
          
           
             3.
             ratio
             .
          
           
             4.
             ratio
             .
          
           
             5.
             ratio
             .
          
           
             6.
             ratio
             .
          
           
             7.
             ratio
             .
          
           
             8.
             ratio
             .
          
           
             9.
             ratio
             .
          
           
             Genes
             .
             c.
             3.
             vers.
             7.
             &c.
             4.
             vers.
             8.
             
          
           
             1.
             
             Quest
             .
          
           
             1.
             Answer
             
          
           
             Archi.
             Turris
             London
             .
          
           
             Stat.
             Hiberniae
             .
             67.
             a.
             
          
           
             2.
             
             Quest
             .
          
           
             2.
             
             Answe
             .
          
           
             5.
             Ed.
             4.
             2.
             
          
           
             36.
             
             Hen.
             6.
             29.
             
          
           
             14.
             
             Hen.
             7.
             13.
             
          
           
             3.
             quest
             .
          
           
             3.
             answ.
          
           
             Sir
             Thomas
             Tempest
             Knight
             .
          
           
             1.
             object
             .
          
           
             2.
             object
             .
          
           
             1.
             Resp.
          
           
             2.
             Resp.
             ad
             2.
             
             Object
             .
          
           
             4.
             
             Quest
             .
          
           
             4
             Answer
             
          
           
             Archiv
             .
             Turris
             Londin
             .
          
           
             De
             comunibus
             placitis
             per
             billas
             coram
             Iusticiariis
             Hiberniae
             nequaquam
             terminandis
             .
          
           
             5.
             
             Quest
             .
          
           
             5.
             Answer
             
          
           
             6.
             
             Quest
             .
          
           
             6.
             
             Answer
             ▪
             
          
           
             7.
             
             Quest
             .
          
           
             7.
             
             Answer
             ▪
             
          
           
             Natura
             Br.
             fol.
             85.
             in
             se
             Briefe
             de
             securitate
             inveniend
             .
             quod
             non
             se
             divertat
             ad
             partes
             extras
             pars
             extra
             cannot
             be
             intended
             the
             Kings
             dominions
             .
          
           
             Fol.
             12.
             
             &
             13.
             
          
           
             Natura
             Br.
             32.
             
          
           
             19.
             
             Hen.
             3.
             fitz
             Her.
             Darien
             presentment
             23.
             
          
           
             ●
             .
             Hen.
             3.
             fitz
             Her.
             Dower
             .
             179.
             
          
           
             35.
             
             Henr.
             6
             ,
             26.
             
          
           
             37.
             
             Hen.
             6.
             17.
             49.
             
          
           
             Edw.
             3.
             4.
             
          
           
             11.
             
             Co.
             86.
             
          
           
             8.
             
             Quest
             .
          
           
             8.
             
             Answer
             ▪
             
          
           
             9.
             
             Quest
             .
             9.
             Answer
             
          
           
             10.
             
             Quest
             .
          
           
             10.
             
             Answ
             .
          
           
             11.
             
             Quest
             .
          
           
             11.
             
             Answ
             .
          
           
             12.
             
             Quest
             .
          
           
             12.
             
             Answ
             .
          
           
             Vide
             5.
             
          
           
             Henr.
             7.
             9.
             a.
             prescription
             to
             impound
             Cattle
             untill
             amends
             be
             done
             according
             to
             his
             will
             ,
             not
             good
             .
          
           
             This
             appeares
             by
             severall
             Records
             in
             Hen.
             6.
             
             &
             Hen.
             7
             ▪
             time
             in
             the
             secōd
             Remembrancers
             Office
             in
             Ireland
             .
             24.
             
             Hen.
             8
             ▪
             B
             Fealty
             ▪
             &
             homage
             8.
             
          
           
             13.
             
             Quest
             .
          
           
             13.
             
             Answ
             .
          
           
             14
             Quest
             .
          
           
             14.
             
             Answ
             .
          
           
             Vide
             2.
             
             &
             3.
             Phil.
             &
             Ma
             〈…〉
             e
             123.
             b.
             
          
           
             15.
             
             Quest
             .
          
           
             15.
             
             Answ
             .
          
           
             Co.
             Inst.
             109.
             
          
           
             Stat.
             Hib.
             3.
             Edw.
             4.
             cap.
             1.
             
          
           
             Co.
             4.
             34.
             
             Bozoons
             case
             .
          
           
             16.
             
             Quest
             .
          
           
             16.
             
             Answ
             .
          
           
             17
             :
             Quest
             .
          
           
             1.
             
             Answ
             .
          
           
             Verba
             Statut.
             
          
           
             Lo.
             Visc
             .
             Clanmoris
             .
          
           
             18.
             
             Quest
             .
          
           
             18.
             
             Answ
             .
          
           
             19.
             
             Quest
             .
          
           
             19.
             
             Answ
             .
          
           
             20.
             
             Quest
             .
          
           
             20
             Answ
             .
          
           
             Gen.
             cap.
             1.
             v.
             31.
             
          
           
             Gen
             cap.
             1.
             v.
             27.
             
          
           
             21.
             
             Quest
             .
          
           
             21.
             
             Answ
             .
          
           
             48.
             Edw.
             3.
             9.
             33.
             
          
           
             H.
             6.
             7.
             8.
             
          
           
             Hen.
             7.
             12.
             
          
           
             Co.
             6.
             6●
             
          
           
             Co.
             9.
             123.
             
          
           
             Question
             1.
             
          
           
             Declaraon
             .
          
           
             Question
             2.
             
          
           
             Declaraon
             .
          
           
             Question
             3.
             
          
           
             Declaraon
             .
          
           
             Questio●
             4.
             
          
           
             Declaration
             .
          
           
             Question
             5.
             
          
           
             Declaraon
             .
          
           
             Question
             6.
             
          
           
             Declaration
             .
          
           
             Question
             7.
             
          
           
             Declaration
             .
          
           
             Question
             8.
             
          
           
             Declaration
             .
          
           
             Question
             9.
             
          
           
             Declaration
             .
          
           
             Question
             10.
             
          
           
             Declaration
             .
          
           
             Question
             11.
             
          
           
             Declaration
             .
          
           
             Question
             12.
             
          
           
             Declaration
             .
          
           
             Question
             13.
             
          
           
             Declaration
             .
          
           
             Question
             14.
             
          
           
             Declaration
             .
          
           
             Question
             15.
             
          
           
             Declaration
             .
          
           
             Question
             16.
             
          
           
             Declaraon
             .
          
           
             Question
             17.
             
          
           
             Declaraon
             .
          
           
             Question
             18.
             
          
           
             Declaration
             .
          
           
             Question
             19.
             
          
           
             Declaration
             .
          
           
             Question
             20.
             
          
           
             Declaration
             .
          
           
             Question
             21.
             
          
           
             Declaiation
             .